Terms of Service

Definitions:

• Amendment(s)

A change or modification to the Terms of Service, which will be communicated to the patient or user in writing, either electronically or physically, prior to taking effect.

• Booking

The act of reserving a specific time for a consultation or service with the healthcare provider. A booking is confirmed once the patient has received confirmation from the provider.

• Call-Out Consultation

A consultation where the healthcare provider travels to the patient’s location to provide medical services, including home visits or services outside of the office. Personal data collected is handled according to the Privacy Policy.

• Cancellation

The act of notifying the healthcare provider that a scheduled consultation or service will not be attended, either by rescheduling or completely cancelling the appointment, before the agreed-upon notice period.

• Cancellation Fee

A fee charged to the patient for failing to cancel or reschedule their consultation within the stipulated notice period. The fee compensates for the potential loss of service or rescheduling difficulty.

• Confidentiality

The duty of the healthcare provider to protect the patient’s personal health information and medical records from unauthorized disclosure, in compliance with relevant laws, including the Protection of Personal Information Act (POPIA).

• Consent

A clear and affirmative action by the data subject granting permission for the processing of their personal data. Consent must be freely given, specific, informed, and unambiguous.

• Cookies

Small text files stored on a user’s device when visiting a website, used for tracking, personalization, and enhancing user experience. Cookies can also be used for analytics and advertising purposes.

• Data Breach

A security incident where personal data is accessed, disclosed, or destroyed without authorization, or is lost, altered, or made unavailable, compromising its confidentiality, integrity, or availability.

• Data Retention

The period during which personal data is kept by the controller, based on legal, regulatory, or business requirements.

• Encryption

A method of protecting personal data during transmission or storage by converting the data into a code to prevent unauthorized access.

• Ethical Guidelines

The rules and principles set forth by relevant regulatory bodies, such as the Health Professions Council of South Africa (HPCSA), which govern the conduct and practice of healthcare providers. These guidelines help ensure compliance with privacy laws regarding patient information.

• Guarantor

An individual or entity responsible for ensuring that the patient’s financial obligations are met. In cases where the patient is unable to pay, the guarantor may be held liable for the unpaid balance.

• Health Record

Documentation that records a patient’s health history, treatment plans, diagnoses, and other relevant medical information. Health records are protected under the Privacy Policy and relevant data protection laws, such as POPIA.

• Informed Consent

The process by which a patient (or their guardian) understands and agrees to the collection, use, and processing of their personal and medical information after being fully informed of its purposes.

• No-Show

When a patient fails to attend a scheduled consultation or service without prior notice or fails to cancel within the required timeframe. This may be recorded for billing or service management purposes.

• Opt-In / Opt-Out

Mechanisms that allow data subjects to either agree (opt-in) or withdraw (opt-out) from certain types of data processing, such as email communications or marketing initiatives.

• Patient

Refers to the individual receiving medical treatment or consultation from the healthcare provider, including any representative acting on their behalf. This term also applies to any individual who accesses or uses the healthcare provider's services, including making bookings or engaging with the system for consultations or other services.

• Patient Responsibility

The patient’s obligation to follow prescribed treatment plans, attend scheduled consultations, provide accurate medical information, and pay for services rendered in accordance with these Terms of Service.

• Procedure

A specific medical intervention, treatment, or service that may be provided during the course of a consultation or treatment plan. Personal medical information is gathered during these procedures to ensure proper care and billing.

• Privacy Notice

A document or statement provided to data subjects explaining how their personal data will be processed, including the purposes, legal bases, and retention periods for processing.

• Privacy Policy

A legal document outlining how personal data is collected, used, stored, and protected by the organization. It explains the rights of the data subject, how to exercise them, and how the organization complies with applicable privacy laws.

• Processor

An entity or individual who processes personal data on behalf of the controller, such as service providers or third parties handling data for the controller’s purposes.

• Security Measures

The technical and organizational steps taken to protect personal data from unauthorized access, use, disclosure, alteration, and destruction, ensuring data is handled securely.

• Service Provider

The individual or business entity responsible for offering medical or healthcare services to the patient, including but not limited to medical professionals, clinics, or telehealth platforms.

• Service Suspension

The temporary cessation of medical services provided to a patient due to non-payment, failure to adhere to treatment plans, or other breaches of the terms of service.

• Sensitive Personal Data

A category of personal data that includes health information, racial or ethnic origin, political opinions, religious beliefs, trade union membership, and biometric data.

• Subscription Service

A recurring service agreement where the patient subscribes to a set number of consultations, treatments, or other medical services over a defined period.

• Telehealth Consultation

A consultation conducted remotely via electronic means, such as video conferencing, phone calls, or text-based communication, to discuss health concerns and provide medical advice.

• Third-Party Service Providers

Entities contracted by the controller to provide services that may involve processing personal data, such as payment processors, cloud hosting services, and marketing agencies.

• Third Party

Any organization or individual, other than the data subject, the data controller, and the data processor, who may have access to personal data.

• Telehealth

The delivery of healthcare services remotely via digital technologies, which may include video, phone calls, or other electronic communication methods for consultations.

• Terms of Service

A legal agreement outlining the terms under which services are provided to the patient or user. This includes the conditions for booking consultations, fees, cancellation policies, data processing practices, payment terms, services provided, and liability disclaimers, as well as the rights and obligations of both parties (the healthcare provider and the patient or user).