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Terms and conditions of use

Where applicable and depending on the context:

· words which make reference to the singular shall include a reference to the plural and vice versa; and

· words which make reference to one gender shall include the other gender; and

· any reference to a person shall include a company and vice versa; and

· the headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or change this user agreement; and

· any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.; and

· no failure or delay by Lifechoice to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement

Definitions

In this user agreement, the terms below have the following meanings:

  • “Lifechoice” means Goodmed Pty Ltd a private company incorporated under the laws of South Africa with registration number 1999/010967/07.
  • “Healthchoice Application” means any online application software that is provided by or is connected with Goodmed Pty Ltd trading as “Lifechoice” whether installed or downloaded from an online application store and / or accessed via a mobile device.
  • “Tool” means collectively Healthchoice website/s and the Healthchoice application.
  • “website” means the internet websites with the address www.healthchoice.co.za or any website with a URL that is validly registered to Lifechoice
  • “we”, “us”, “our” means Lifechoice, all their affiliates and subsidiaries and any developers that may be employed from time to time
  • “you” and “your” means the user of the Tool.
  • “practice” the business contracting entity through which practitioners provide services and / or products to members of the public this includes public facilities.
  • “practitioner” a medical qualified professional registered with the HPCSA or equivalent professional body who is linked to a practice and who may be required to use the Tool
  • “assistant” a non-medically qualified person linked to a practice and who may be required to use the Tool
  • “patient” a person who seeks medical services and / or products from a “practitioner”
  • “personal information” means information that identifies or relates specifically to you and / or your patient and shall include photographic and other images.
  • “guarantor” a person who may be responsible for payment of a patients account e.g. the main member of a medical scheme
  • “partner” an entity that is using the Tool to assist with the collection of data
  • “funder” an entity that may assist a “patient” or their “guarantor” defray their expenses for medical services / or products.

1. Conditions of access

1.1 Your access to, and use of, the Tool is subject always to terms and conditions set out in this user agreement.

1.2 You agree these terms and conditions apply to your use of:

1.2.1. the Tool

1.2.2. the website

1.2.3 any Healthchoice application;

1.3 You agree to clause 1.2 regardless of the platform, gateway, portal or mode of access you use to install, download or access the Tool.

 

2. Your acceptance / consent and changes to this user agreement

2.1 We may change the terms and conditions of this user agreement from time to time.

2.2 The current version of this user agreement will apply each time that you access and use the Tool.

2.3 By using the Tool, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, do not continue to use the Tool.

2.4 You agree that this user agreement applies to any information accessed via the Tool, and to all parts of the Tool.

3. Your account

3.1. If you use the Tool, you must keep your access details (including, your user name and password) confidential and not allow other people to use it.

3.2. You accept full responsibility for all activities that occur under your access details and accept responsibility for sharing your user name and password.

3.3 You agree that the following actions shall be material breaches of these terms and conditions:

3.3.1. signing in as, or pretending to be, another person;

3.3.2. gathering and / or loading personal information about others without the appropriate consent.

3.3.3. transmitting and accessing material and personal information that violates, or could violate, the privacy and / or business rights and / or intellectual property rights of others

3.3.4. using the services in a way that is intended to harm, or could result in harm to you or to other users of the Tool.

3.4 You also agree that any use of your access details shall be regarded as if you were the person using such information.

3.5 You also agree that personal information related to a patient will only be accessed by a practitioner or assistant when they have a valid contractual relationship with the practice

 

4. Consent required for gathering / loading and accessing personal information of a patient on the Tool

4.1. You agree that personal information of a patient (and guarantor if necessary) can only be loaded and accessed on the Tool with expressed permission of the practice and then only on behalf of the practice.

4.2. You agree that personal information of a patient will only be loaded on the Tool where prior written consent is obtained from the patient for the practice to share this information with:

4.2.1 other practitioners and practices who may be involved in the patients care and / or;

4.2.2 the guarantor where another person is responsible for a component of the patient account and / or;

4.2.3 a funder where a funder may be responsible for defraying a component of the patient account and / or;

4.3 You also agree that written consent from the patient (and guarantor if necessary) will include permission for the personal information to be shared in an anonymized fashion with a Healthchoice partner or professional society to facilitate peer review, research and analysis.


5. Accuracy of information

5.1. The Tool might require certain personal and business information from you. It is in your best interest to keep this information current and accurate.

5.2. You guarantee that all information provided by you at any time to on or via the Tool, will be true, accurate, current and correct and you undertake to update the information as and when required.

 

6. Copyright

6.1. All content made available on the Tool (for example, logos, layouts, templates, software etc.) belongs to Lifechoice, unless it is expressly stated that it does not and is protected by South African and international law. In addition, the compilation of all content on the Tool is the exclusive property of Lifechoice.

6.2. Except if permitted in writing or by agreement with Lifechoice, no part of the Tool may be copied or transmitted via any means available.

6.3. Any unauthorised use, alteration or dissemination of the information or content on the Tool is strictly prohibited.

6.4. You agree that if you breach the terms of this clause 6, Lifechoice will have the right to claim damages against you, which will include the right to claim direct, consequential or indirect damages

6.5. Nothing on the Tool should be regarded as granting any licence or right to use any trademark without Lifechoice’s prior written permission.

6.6. Lifechoice tries to ensure that the most sophisticated technology protects the information on the Tool. However, Lifechoice cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Tool.

 

7. Electronic communication and records

7.1. Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by Lifechoice. This includes, but is not limited to mobile notifications.

7.2. If you are a registered user of the website, you will receive communications from us via e-mail.

7.3 . Lifechoice takes all reasonable steps to protect personal information and maintain confidentiality. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.

7.4. You agree that all agreements, notices and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.


 

8. Disclaimer

8.1. The Tool and all information, content, Tools and materials are provided by Lifechoice on an “as is” and “and available” basis, unless we inform you in writing.

8.2. Lifechoice does not guarantee the operation of the Tool or the information, content, Tools or materials on the Tool. You agree that you use the Tool at your own risk.

8.3. Lifechoice does not guarantee that the Tool, the Tool contents, the Tool servers and / or any electronic communications sent by us are free from viruses or other harmful components.

8.4 Lifechoice will not be liable for any damages of any kind arising from your use of the Tool or from any information, content, Tools or materials included on or otherwise made available to you through the Tool, including for direct, consequential and indirect damages.

8.5. We are fully committed to providing you with the best possible service. However, we are not responsible for:

8.5.1. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of Lifechoice; or

8.5.2. any inaccurate, incomplete or inadequate information obtained from the Tool supplied by you.

8.6. Neither will we be responsible for any direct or indirect loss or damages that may arise from:

8.6.1. any of the events described in this paragraph or the paragraphs above

8.6.2. any links to other websites from the Tool. You also acknowledge that we cannot control the content of or the services offered on those websites;

8.6.3. a denial of access to the website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or put Lifechoice in disrepute; or

8.6.4. your reliance on any of the information, content, Tools or materials that you obtain from the Tool.

 

9. Indemnity

9.1. While Lifechoice makes every effort to ensure that the content and information on the Tool is complete, accurate and up to date, we make no guarantee about the suitability of the services on the Tool or whether they are complete accurate or appropriate.

9.2. You agree to fully indemnify Lifechoice, its directors, and employees and will not hold us responsible for any claim relating to your use of the Tool.

9.3. You agree to fully indemnify Lifechoice, its directors and employees from any errors or inaccuracies or incomplete information made available by third parties (including healthcare practitioners, advisors and/or experts) on the Tool and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.

9.4. You agree that all information, services or any terms or conditions relating to them, on the Tool may change. Healthchoice will try to notify you of the important changes within a reasonable time.

9.5. All services provided on the Tool are subject to confirmation, and any terms or conditions relating to them, at the time of finalising transactions.

9.6. You accept that some of the information, content, Tools or materials on the Tool come from external sources (including independent practitioners), and you agree that Lifechoice is not responsible, and will not be held liable, for any information or content, received from these external sources.

 

10. Applicable law

By accessing and using the Tool, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.

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Still got questions?

If any of your questions are still not answered on this page, please contact the Healthchoice team for further information.

Click here to go to our contact page.