Telemedicine Terms Conditions

Terms & Conditions and Acknowledgement of Medical Services

AGREEMENT

PLEASE TAKE A MOMENT TO READ

PLEASE TAKE A MOMENT TO READ THIS AGREEMENT TO UNDERSTAND HOW ITS TERMS AND CONDITIONS APPLY TO YOU, THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, WHEN USING THE VIRTUAL PLATFORM AND THE VIRTUAL HEALTH SERVICES.

QUESTIONS

If you have any questions regarding this Agreement or the Virtual Health Services, please click here to contact the Practice, as it is the responsibility of the Patient, the Guardian, the Guarantor or the Responsible Person, as the case may be, to ask the Practice to explain any term or condition before accepting this Agreement and its terms and conditions, the Virtual Health Service and accessing and using the Virtual Platform and the Practice’s website.

MULTIPLE APPLICATIONS – STRUCTURE AND FORM OF THE AGREEMENT

These terms and conditions apply to you, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, for the Virtual Health Service rendered by the Practice through, on and/or by means of any one of the applicable Virtual Platforms, which includes the Practice’s Website, WhatsApp Bot or Telephonic facility. As such,:

Website Virtual Platform

By way of explanation, this Agreement, on the Website Virtual Platform, comprises:

the Landing Page;
the Booking Details Page, split as to the manner in which the Patient is being attended, namely as a Medical Aid Patient or a Private Patient, which requires the Patient, the Guardian, the Guarantor or the Responsible Person, as the case may be, to complete the requisite payment details;
the Patient Details Page, which requires the Patient, the Guardian, the Guarantor or the Responsible Person, as the case may be, to complete the Patient’s personal details;
the Guardian’s Details Page, which requires the Guardian to complete his or her personal details (which completion is only required if the Patient is a minor or under the legal guardianship of the Guardian);
the Guarantor’s or Responsible Person’s Page, which must be completed by the person who is responsible for the payment of the Practice’s fees, costs and charges – if the Patient is also the Responsible Person or Guarantor, click on the red button with the words “SAME AS PATIENT” thereon and the Patient’s personal details will be automatically populated, with only the details of the medical aid scheme requiring to also be completed (if applicable);
this Agreement or Terms and Conditions Page, which must be read and accepted by the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be; and
the Thank you Page, signifying the Practice’s counter signature or acceptance of this Agreement.

WhatsApp Virtual Platform

By way of explanation, this Agreement, on the WhatsApp Virtual Platform, comprises each of the WhatsApp messages and SMS texts by and between the Practice and the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be, as well as this Agreement or Terms and Conditions Page, which must be read and accepted by the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be.

Telephonic Virtual Platform

By way of explanation, this Agreement, on the Telephonic Virtual Platform, comprises each of the telephonic messages and SMS texts by and between the Practice and the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be, as well as this Agreement or Terms and Conditions Page, which must be read and/or accepted by the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be.

Terms and conditions and privacy policy incorporated by reference

To the extent applicable, the terms and conditions that apply to the access and use of the Practice’s website, https://www.shihealthcare.co.za, and its privacy policy, are incorporated herein by reference. By proceeding with the booking of the appointment, the Patient, the Guardian, the Guarantor and the Responsible Person, as the case may be, is deemed to have read, understood and agreed to and accepted the aforesaid terms and conditions and privacy policy being incorporated herein.

REQUIREMENT TO PROCEED

By clicking on the “I ACCEPT” button on the Website Virtual Platform or replying “YES” to the selected consultation option on and link from the WhatsApp Virtual Platform or booking an appointment for the telephonic consultation, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, will be required and agrees to:

To the extent the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, fails, neglects, refuses or is unable to:

REGULATORY ISSUES

Consumer Protection Act

The Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended, applies to this Agreement with respect to anyone who is a “consumer” for purposes of the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended.

Nothing in this Agreement is intended or understood to unlawfully restrict, limit or avoid any right or obligation created in terms of the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended, for any person who is party to this Agreement. As such, a restriction, limitation or disclaimer in this Agreement will not limit any liability or alter any party’s rights as a consumer that cannot be excluded under the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended.

A clause, term or condition of this Agreement shall not apply in so far as it contravenes the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended. As such, all clauses, terms and conditions are qualified, only to the extent necessary, to ensure compliance with the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended.

In accordance with the Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended, this Agreement highlights words that are in a different colour, bold print, capitalised, underlined or italicized to bring attention to their importance, as they may limit risk or liability, create risk or liability, require or provide some form of indemnification, surety or guarantee or serve as an acknowledgement of a fact. ATTENTION IS DRAWN TO THESE WORDS, TERMS AND CONDITIONS AS THEY ARE IMPORTANT AND SHOULD BE CAREFULLY CONSIDERED AND NOTED.

Electronic Communications and Transactions Act + the Protection of Personal Information Act

This Agreement, the Virtual Health Services, the communication and transfer of data and the use of electronic methods for the collection, processing and storage of information is subject to the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended, and the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended.

The Practice, as a “supplier” under in the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended, has disclosed the prescribed supplier information in the definition of the Practice.

Health Professions Act + the HPCSA

The Practice and each of its Medical Practitioners are subject to, amongst others, the National Health Act, 2003 (Act No. 61 of 2003), the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended.

IMPORTANT AND MATERIAL DOCTOR AND PATIENT PROVISIONS

Virtual Health Services are not intended to be a replacement for face-to-face consultations.

The Patient is urged to immediately seek medical treatment if and to the extent the condition or reason for seeking the Virtual Health Service persists, the condition changes for the worse or symptoms worsen.

The Patient acknowledges that the Virtual Platform and the Virtual Health Service may have technological limitations, due to, amongst others, possible power loss, power outages or load shedding and internet or data failures.

The Patient (and, where applicable, the Guardian, the Responsible Person or Guarantor) hereby represents and warrants to the Practice and the Medical Practitioner that:

the Patient is not in an established doctor-patient relationship;
the Patient is not in the active treatment of another healthcare practitioner for the condition that is the subject of the Virtual Health Service or consultation;
the Patient is not receiving any other treatment or medication for the condition that is the subject of the Virtual Health Service, consultation or at all;
the Patient has chosen the Practice and its Medical Practitioner to establish a doctor-patient relationship particularly in respect of the matter that is the subject of the Virtual Health Service or consultation;
the Patient will disclose all relevant information to the Medical Practitioner, whether material, significant, insignificant or otherwise;
the Patient has deliberately chosen and opted for an electronic medium to consult with the Medical Practitioner thereby creating a virtual healthcare setting and a doctor-patient relationship;
the Patient is, at the time of consulting with the Medical Practitioner, within the borders of the Republic of South Africa;
the Patient consents to and authorizes the recording of the consultation by and between the Patient and the Practice’s personnel, including, without limitation, the Medical Practitioner;
by accepting these terms and conditions, the Patient (or Guardian, as the case may be) hereby gives or is deemed to have given the requisite written “INFORMED CONSENT” in terms of the common law, the National Health Act, 2003 (Act No. 61 of 2003), the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended; and
the Patient has the financial wherewithal or ability to pay the fees for the services to be rendered by the Medical Practitioner.

STANDARD AND CORE TERMS AND CONDITIONS

DEFINITIONS

The following definitions apply to these terms and conditions you, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, agree to for the Health Service to be rendered by a Medical Practitioner and/or nurse/clinical associate of the Practice:

“Agreement” means the agreement entered into by and between the Practice, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, as recorded electronically herebefore and hereinafter and comprising these terms and conditions, as well as each of the electronic pages, messages, texts and other links referred to above (where applicable).

“Guardian” means the person who is legally responsible for the Patient if and to the extent the Patient is a minor or under the care of a legal guardian, being the Patient’s parent or legal guardian, as recorded on the electronic Guardian Details Page or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be.

“Guarantor” or “Responsible Person” means the person responsible to pay the Practice its invoiced fees for the Virtual Health Service rendered to the Patient by the Medical Practitioner on behalf of the Practice, being the person recorded as the “Guarantor” on the Guarantor or Responsible Person’s Page or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be – to be clear, the Responsible Person could be the Patient, the parent of a minor, the guardian of a minor or a Patient subject to legal guardianship, the member of a medical aid scheme or the person assuming the responsibility, as guarantor, for the payment of the invoice to be rendered by the Practice for the Virtual Health Service.

“Medical Practitioner” means the medical doctor or other healthcare provider employed by the Practice to render the Virtual Health Service to the Patient on the Virtual Platform.

“Patient” means the natural person receiving the Virtual Health Service from either the Medical Practitioner or nurse/clinical associate, whose details are as recorded on the electronic Patient Details Page or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be.

Full name: SH Incorporated
Type of entity: private company – incorporated practice
Main business: the provision of health care services.
Office bearers: Dr S Holt
CIPC Registration number: 2016/145481/21
BHF PCNS Registration Number: 014 000 0055611
VAT number: 4700273958
Physical Address (for receipt of legal process, post & street): Building B, Hobart Square Office Park, 23 Hobart Road, Bryanston, Johannesburg, 2021, Republic of South Africa
Email: info@shihealthcare.co.za
Landline: +27 (0) 860 374 7687
Website: www.shihealthcare.co.za
PAIA: The manual published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), as amended, may be downloaded from [here].
Note: All correspondence must be marked for: Attention – The Chief Executive Officer.

“Service Address” means the physical and electronic mail address of the Patient, the Guardian, the Guarantor and/or Responsible Person, as the case may be, as recorded on each of the applicable electronic pages of the Website Virtual Platform or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be.

“Virtual Health Service” means the health or other professional service rendered or to be rendered by the Medical Practitioner to the Patient on the Virtual Platform, including but not limited to a consultation, diagnosis, prognosis, treatment, care and/or the prescription of medicine.

“Virtual Platform” means, as the context may require or determine, the electronic method or virtual facility or system over which the Virtual Health Service is rendered or is to be rendered by the Medical Practitioner/Practice to the Patient, including but not limited to the Practice’s Website Virtual Platform, the Practice’s WhatsApp Bot Virtual Platform and/or the Practice’s Telephonic Virtual Platform, as the case may be.

LEGALLY BOUND

By clicking on the “I ACCEPT” button on the Website Virtual Platform or replying “YES” to the selected consultation option on and link from the WhatsApp Virtual Platform or booking an appointment for the telephonic consultation, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, agrees to be legally bound by the terms and conditions hereinbefore and hereinafter set out.

SIGNATURE

such action constitutes the electronic signature of the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, to this Agreement;
a legally binding and enforceable agreement shall come into being by and between the Practice, the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, upon the terms and conditions set out in this Agreement; and
the Patient confirms having given the requisite written “INFORMED CONSENT”, amongst others, in terms of the common law, the National Health Act, 2003 (Act No. 61 of 2003), the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

BACKGROUND INFORMATION & HOUSEKEEPING

Relationship with the Virtual Platform

The Website Virtual Platform is owned and managed by a separate independent legal entity, with the requisite security and confidentiality measures and safeguards in place to process, store and protect the Patient’s health and personal information. The corporate details of the owner and manager of the Website Virtual Platform are referenced or recorded on the Landing Page.

Commitment, Complaints and Compliments

The Practice is dedicated to providing an efficient and professional Virtual Heath Service to its Patients. If the Patient and/or the Guardian feels that this is not the case, he, she or they should contact the Practice on the below email to register any dissatisfaction with the said service.

Any and all complaints against the Practice or any of its Medical Practitioners for ethical or professional reasons may be addressed to the Practice on info@shihealthcare.co.za or the Health Professions Council of South Africa:

and by following the process prescribed on the aforestated HPCSA website and completing the prescribed complaint form, likewise provided on the aforesaid website.

Contact and Communications

The Practice is hereby authorised to contact and/or communicate with the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, by means of one or more of the following methods of communication: telephonic or mobile communication, SMS (short message services), WhatsApp or Telegram text messaging or similar service, FaceBook Messenger, electronic mail, postal service, courier service, PostNet and/or hand delivery. The choice of method of communication shall be in the sole discretion of the Practice.

Copy of this Agreement

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, is entitled to call for and be provided an electronic PDF copy of this Agreement.

Availability of and Access to the Virtual Platform and Virtual Health Service

Access to the Virtual Platform and the Virtual Health Service is subject to availability and will be rendered only within the Republic of South Africa.

In addition to the disclaimer below, but to the extent permitted in law, the Practice makes no representation or warranty, whether implied or otherwise, that:

the Patient will have access or continued access to the Virtual Platform or the Virtual Health Service for the full duration of the consultation or that such access will be continuous and/or uninterrupted;
the Virtual Platform or the Virtual Health Service or the connection to the Medical Practitioner will at all times be available, fit for any purpose, be secure and reliable; and
the Virtual Health Service will strictly conform to its delivery timelines or exact booking time slots.

Notwithstanding the above, the Practice will use its best commercial endeavours to make the Virtual Health Service available to the Patient at and during the allotted timeslot and so maintain the availability and continuity thereof on the understanding and premise that such service is:

subject to the continuous supply of electricity from the electricity grid and internet being fully operational and not the subject of power outages, power loss, load shedding or other malfunction; and
provided on an “as is” and “as available” basis; and
provided in good faith based upon the information given by the Patient to the Medical Practitioner.

Pricing, fees and costs

All prices, fees and costs are quoted in South African Rand and are valid and effective only in the Republic of South Africa and at the time so stated.

Reservation of rights

The Practice reserves the right to discontinue or change the prices, fees, costs, and specifications of its products and services from time to time without notice.

Virtual Health Services

The Medical Practitioners of the Practice are trained emergency medical practitioners, and have been additionally specifically trained to render Virtual Health Services.

The Virtual Health Services are presently limited and restricted to primary health care only.

BILLING AND PAYMENT OF MEDICAL FEES, COSTS AND CHARGES

Billing Policy & Fee Structure

The Practice bills in accordance with its billing policy, at rates it believes are commensurate with the experience and skill of, as well as the demands on, its Medical Practitioners. The billing policy and an explanation of the fees is located on the Landing Page of the Website Virtual Platform. The fees quoted for the Virtual Health Service are per consultation.

Exclusions

The Practice’s fees and costs exclude the costs of medication, equipment and other specialists involved in the Patient’s medical treatment and care.

Medical Aid Schemes (Relevant to medical aid scheme patients)

The Responsible Person represents and warrants, if applicable, to and in favour of the Practice, that, as at the date of entering into this Agreement and when the Practice submits an account for payment,:

he, she or they are the principal member or a dependent of the principal member with a valid membership of the medical aid scheme reflected on the applicable electronic page of the Website Virtual Platform or provided in the online registration or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be;
the information pertaining to his, her or their medical aid scheme is true and correct in every respect;
he, she or they is or are up to date and current with all his, her or their subscription and/or medical aid scheme membership contributions;
he, she or they has or have sufficient medical aid scheme resources or benefits to cover the Practice’s fees and costs in full;
he, she or they has or have not resigned from or his, her or their benefits has or have not been terminated by his, her or their medical aid scheme, which includes but is not limited to the Patient as well; and
he, she or they have sufficient cash resources to pay for the Virtual Health Service in the event there is a shortfall between the amount owing to the Practice and the amount paid by the medical aid scheme or if the Practice’s invoice is not paid at all.

The Responsible Person hereby authorises the Practice (which will not be obliged) to submit its account to the Responsible Person’s medical aid scheme for payment to the Practice on behalf of the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, for the Virtual Health Service rendered by the Medical Practitioner/Practice to the Patient.

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, understands and accepts that:

the fees and costs charged by the Practice are different or may be different to or from the benefits payable under his, her or their medical aid scheme and, as such, he, she or they hereby accept responsibility and liability for any co-payment resulting from the difference or shortfall between the amount claimed by the Practice and the amount paid by the medical aid scheme;
pre-authorisation by a medical aid scheme for the Virtual Health Service of or any treatment by the Practice does not guarantee any payment by the medical aid scheme and, as such, he, she or they hereby accept responsibility and liability for any and all amounts not paid to the Practice by his, her or their medical aid scheme; and
he, she or they will not be relieved of any liability for the payment of the fees and costs due to the Practice notwithstanding the Practice submitting a claim therefore to his, her or their medical aid scheme or any other insurer.

The Responsible Person remains liable for the full account whether the medical aid scheme pays such account, in full or in part, alternatively denies same, and the responsibility is vested in the Responsible Person to ensure that all accounts are timeously settled in full, failing which the Patient, Guardian, the Guarantor and/or Responsible Person, as the case may be, will be liable in his, her or their personal capacity as principal debtor of and for any and all amounts due to or claimed by the Practice.

Non-medical aid payments or other payment methods (Relevant to cash/credit or debit card/ EFT payments)

The Responsible Person represents and warrants to and in favour of the Practice, that, as at the date of entering into this Agreement and when the Practice renders an account for payment,:

the information pertaining to his, her or their non-medical aid payment method is true and correct in every respect, including but not limited to the name of the bank account holder, the account number or credit/debit card number, the name of the applicable bank, the branch code, branch name, expiry date and authentification code;
the Responsible Person is fully authorised to use the non-medical aid payment method (supplied by him, her, it or them) for purposes of paying the Practice for the Virtual Health Service, including but not limited to the debit/credit card, the electronic funds transfer bank account or other payment method acceptable to the Practice from time to time; and
the Responsible Person and the non-medical aid payment method (supplied by him, her, it or them) has and will have sufficient funds available to cover and pay the invoice to be rendered by the Practice for the Virtual Health Service.

THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, HEREBY HOLDS THE PRACTICE HARMLESS AND UNDERTAKES TO MAKE GOOD, PAY AND INDEMNIFY THE PRACTICE AGAINST ANY AND/OR ALL COSTS, EXPENSES, LEGAL FEES, DAMAGES AND/OR LOSSES INCURRED OR SUFFERED BY THE PRACTICE ARISING OUT OF OR AS A CONSEQUENCE OF A BREACH OF ANY OF THE IMMEDIATELY AFORESTATED WARRANTIES.

RESPONSIBILITY AND LIABILITY FOR THE PAYMENT OF THE ACCOUNT

The Responsible Person shall, at all times, whether or not a member of a member aid scheme, remain liable and responsible for the Virtual Health Service as rendered and charged by the Practice – this also applies to payments to be made by credit/debit card or any other means of cash payment.

NOTWITHSTANDING AND IN ADDITION TO THE RESPONSIBLE PERSON BEING THE PRIMARY DEBTOR FOR THE PAYMENT OF THE PRACTICE’S FEES AND COSTS, THE PATIENT, THE GUARDIAN, THE GUARANTOR AND/OR THE RESPONSIBLE PERSON, AS THE CASE MAY BE, SHALL, AS CO-PRINCIPAL DEBTORS, BE JOINTLY AND SEVERALLY LEGALLY RESPONSIBLE AND LIABLE FOR THE PAYMENT OF ANY AND ALL CLAIMS OF THE PRACTICE ARISING FROM THIS AGREEMENT AND THE VIRTUAL HEALTH SERVICES RENDERED OR TO BE RENDERED BY THE PRACTICE AND ITS MEDICAL PRACTITIONER.

Should the Responsible Person be a guarantor for the Patient or Guardian, the Responsible Person hereby unconditionally and irrevocably:

guarantees and undertakes, as a principal and independent obligation, in favour of the Practice, the due, proper, full and timeous payment by the Patient or the Guardian, as the case may be, to the Practice of its account and claim for the Virtual Health Service rendered to the Patient;
indemnifies and holds harmless the Practice against any and all loss, liability, damage, taxes and costs (including, without limitation, legal costs on the scale as between an attorney and his own client) arising from any non-payment by the said Patient or Guardian, as the case may be; and
renounces the benefits of the following legal exceptions:
simultaneous citation and division of debt (this applies where there is more than one co-principal debtor and entitles each of them to claim that the guarantor is liable only for its proportional share of the total debt) on renunciation of this benefit, the Guarantor becomes liable for the whole amount, but may have certain rights of contribution from and against the Patient or Guardian, as the case may be; and
no cause of debt and no value received (these are defenses that there are no grounds for a debt or that no value was received; on renunciation of these benefits the Guarantor will bear the burden to prove that it is not indebted to the Practice or that it received any benefits),
revision of accounts and errors of calculation (these defenses apply where a guarantor wishes to show that its account has been wrongly drawn up or calculated; on renunciation of this benefit, the Guarantor will bear the burden to prove that the accounts are wrong),

the full force, meaning and effect whereof the Guarantor declares himself, herself, itself or themselves to be acquainted with.

DUE AND PAYABLE

All medical aid accounts must be settled within 30 (thirty) calendar days of the date of invoice. All non-medical aid accounts must be paid and settled immediately after receiving the Practice’s invoice and payment link via SMS or other messaging service.

IF AN ACCOUNT IS NOT PAID

Interest, Collection & Listing with a Credit Bureau

To the extent the account is not paid, in full, on the applicable due and payable date aforestated:

the maximum default (or mora) rate permitted from time to time in terms of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), as amended, or
the maximum prescribed interest rate permitted from time to time for incidental credit agreements in terms of the National Credit Act, 2005 (Act No. 34 of 2005), as amended; or
the published prime overdraft rate of the Practice’s bank;
the Practice will hand over the outstanding account for collection; and

English language for correspondence, notice, legal proceedings

All correspondence or notices issued pursuant to and/or in terms of this Agreement, as well as all legal actions and court and/or other proceedings will be written and/or conducted in the English language.

Service Address

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be:

chooses as his, her or their contact and service details the Service Address provided for by him, her or them on the applicable electronic page of the Website Virtual Platform or as otherwise provided for on the WhatsApp Virtual Platform or the Telephonic Virtual Platform, as the case may be;
undertakes to notify the Practice of any change in his, her or their contact details and Service Address, forthwith upon the change taking place; and
consents to the service of any and all legal proceedings by electronic mail, courier service and any other manner permitted in law, with the Practice likewise consenting to service in the aforesaid manner.

Jurisdiction

All email communications by and between the parties to this Agreement must make use of the “read receipt” function to serve as proof that the email was received.

Read receipt as proof

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, hereby submits and consents to the exclusive jurisdiction of the courts of the Republic of South Africa and, in particular, the appropriate Magistrates’ or High Court having jurisdiction, for and in respect of any dispute or matter arising out of this Agreement or the Virtual Health Service.

Collection/Legal Costs & Expenses

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, will pay all the Practice’s collection and/or legal costs, fees and/or disbursements incurred by the Practice in or for demanding, claiming, collecting or instituting any legal proceedings for amounts owed by him, her or them to the Practice for the Virtual Health Service, which includes tracing costs, debt collector’s fees and commissions, as well as the Practice’s attorney’s and advocate’s fees and disbursements on the attorney and own client scale.

Cession of claim

The Practice shall, at all times, have the right to cede its rights to demand, recover, claim (sue for) and/or receive any and all monies owing to the Practice by the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, without having to notify the Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be.

The Patient, the Guardian, the Guarantor and/or the Responsible Person, as the case may be, may not cede, delegate, assign or otherwise transfer his, her, its or their rights and obligations under this Agreement to any other person.