Terms and Conditions Governing Access to and use of this Website
Definition of terms
“Personal Information“, which includes “special personal information”, refers to information relating to identifiable, living, natural persons (including you and your dependants) as well as identifiable, existing juristic persons, and includes, but is not limited to:
- information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- information relating to the education or the medical, financial, criminal or employment history of the person;
- any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
- the biometric information of the person;
- the personal opinions, views or preferences of the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- the views or opinions of another individual about the person; and
- the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
“Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:
- the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
- dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of information.
“Medical services” means all or any medical services provided by the pharmacy, clinic and/or any health care practitioner.
“We“, “us” or “our” refers to the medical practice of Dr. Elizabeth de Gouveia, registration number 009/012543/21
“You” or “your” refers to you, as the user of any of our services, and includes your dependants. Whenever we refer to your information / personal information in this Policy, it includes the information / personal information of your dependants.
1. PARTIES AND USER ACCESS
1.1 The parties to this agreement are you (“the user”) and the owners of this website being the medical practice of Dr. Elizabeth de Gouveia (“the Practice”), registration number 009/012543/21, registered in the Republic of South Africa with its registered address at Muelmed Hospital 577 Pretorius St., Arcadia 0083, South Africa.
1.2 Your use of and access to this website will at all times be governed by the provisions of these terms and conditions and by using and/or accessing this website you accept fully all these terms and conditions and agree to bound by and comply fully therewith. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
1.3 If you do not wish to be bound by and comply with these terms and conditions in full, your access and use of this website must be terminated immediately.
The Practice is committed to ensuring the privacy and integrity of information submitted by users of our website. All information of a personal nature submitted or provided by users will be treated confidentially and will not be disclosed to any person without express consent of the user concerned but always subject to the following:
2.1 Disclosure of any information provided or submitted by a user will be allowed to be made where:
2.1.1 such information is in the public domain;
2.1.2 there is a duty to the public to disclose;
2.1.3 where the interests of the Practice require disclosure;
2.1.4 at your request or with your consent; or
2.1.5 The Practice is obliged in terms of any law, order of court, legal process or other lawful reason to disclose such information;
2.2 Personal information may be disclosed to the Practice’s group members, agents, vendors, suppliers, marketing agents where this information is necessary for them to evaluate and enhance the product and services offered on this website;
2.3 the Practice may disclose certain personal information of users such as names and electronic mail (“e-mail”) addresses to affiliated service providers for purposes of distributing promotional materials, surveys and questionnaires or other information or material for which a user has specifically indicated its willingness to receive;
2.4 the Practice may provide general information to third parties which do not contain particular personal information of users such as their names and addresses, and which is intended to be used solely for compiling statistical or demographic information or otherwise;
3. COPYRIGHT AND TRADEMARKS
3.1 A user’s access to this website and the information contained on it, does not in any way convey or transfer any right in or to the intellectual property rights of the Practice’s data or information displayed or accessible from the website or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other intellectual property rights which may vest in the Practice or in the author, compiler, creator or licensor of such information.
3.2 All the Practice’s trademarks, logos, brands, domain names and other marks and intellectual property relating to this website, or any information contained or accessible from this website shall remain the sole and exclusive property of the Practice and the relevant authors or licensors and the user undertakes that it will not use, disseminate, or otherwise deal with such intellectual property without the Practice, the relevant licensor or
author’s prior written approval.
3.3 Copyright and all other intellectual property rights subsisting in any database(s) maintained by the Practice and relating to this website is owned by the Practice or the relevant provider or supplier thereof.
3.4 A user may only use information retrieved, viewed, downloaded or otherwise obtained by viewing this website, for its own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties unless the prior written consent of the Practice has been obtained.
3.5 The user undertakes not to change or delete any proprietary notices contained in any material, data or information downloaded or otherwise retrieved from the Practice website.
3.6 Under no circumstances may a user reverse, engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the material, information or content viewed, downloaded or otherwise retrieved from this website without the prior written consent of
4. CONTENT ON THIS WEBSITE
4.1 The content on this website is presented for information purposes only and nothing contained in this website is intended to be instructional for medical diagnosis or treatment. The information contained on this website is not intended to replace or substitute professional medical advice and is merely inserted for general informational and educational purposes. The information does not relate to any particular individual or individuals and under no circumstances should any user rely on the information for purposes of any treatment and/or medical advice.
4.2 Any person requiring any medical advice or treatment should consult their relevant medical practitioner or other qualified healthcare professional to suitably diagnose any ailments or diseases and prescribe the relevant treatment.
4.3 All information viewed or services used or accessed from this website are provided “as is” without any warranty, whether express or implied.
4.3 All information viewed or services used or accessed from this website or our Group websites are provided “as is” without any warranty, whether express or implied.
4.4 the Practice does not warrant, hold out or represent that any services, benefits or facilities offered on this website to users or a class of users, such as online booking available to certain registered healthcare professionals will always be available, be accurate, reliable, or perform the functions it was intended to. Users are cautioned against relying on any service or facility provided on this website and should always independently verify any information or confirmation contained or generated from this website or any software associated therewith.
5. HYPERTEXT LINKS AND ADVERTISING
5.1 the Practice provides hypertext links to websites on the internet which are operated by third parties. Users are encouraged to use discretion when searching or accessing such links.
5.2 Under no circumstances does the Practice take responsibility for the content and/or services or products offered on third-party websites which may be linked to this website and gives no warranty, guarantee and makes no representation in respect of such linked websites.
5.3 The provisions of these terms and conditions do not apply to such third-party websites as these websites are not maintained and/or hosted by the Practice or its service providers.
5.4 This website contains advertisements, comprising, inter alia, any illustrative and/or textual material, including banners, pop-up windows, buttons, intermercials, links and advertising sponsorships. Unless specifically otherwise indicated in writing, the Practice does not endorse any product whose services are advertised or promoted by such advertisement nor does the Practice make any representation or give any warranty in regard to the content, accuracy, suitability or fitness for purpose of any material, information or data contained in or linked to any advertisement on this website.
5.5 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
5.6 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5.7 We reserve the right to withdraw linking permission without notice.
5.8 If you wish to make any use of content on our site other than that set out above, please contact the Practice at any time via e-mail at email@example.com
6. USER’S RESTRICTIONS AND SECURITY
6.1 The user undertakes to conform to generally acceptable internet etiquette and to abide by any the Practice operating policies which may be amended from time to time at the Practice’s discretion. The user warrants and undertakes that all information, documentation, data and material provided or transmitted to the Practice will be accurate, truthful and current and the user is solely responsible for the content of such information, documentation, data and material.
6.2 The Practice reserves the right to take any action in relation to any documentation, information, data or material which the Practice may in its sole discretion deem necessarily appropriate, if it believes that the failure to take such action may create any liability whether perceived or otherwise for the Practice or its suppliers, or advertisers who cause the Practice to lose or suffer any harm or damages in any proprietary interest or goodwill or which may adversely affect the provision or access to this website or the services of any of its service providers. In particular, the user undertakes:
6.2.1 not to violate the privacy of any person or to violate the security of any computer system or network, which shall include but not be limited to:
22.214.171.124 the infringing, directly or indirectly, any third party copyright, patent, trademark, trade secret or any other proprietary rights or rights to publicity or privacy;
126.96.36.199 the violation of any law, statute, ordinance, regulation or public policy in force in South Africa. In this regard the user undertakes to familiarise itself with and ensure that he is kept continuously aware of, any amendments to such laws or regulations which may be in force from time to time;
188.8.131.52 any information, documentation, data or material submitted or provided to the Practice shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing, obscene, offensive or in bad taste;
184.108.40.206 any files transmitted shall not contain any “viruses”, “Trojan Horses”, “worms”, “time bombs”, “cancelbots” or any other computer programming routines or software that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or computer network nor to engage any activities which can be regarded as hacking or otherwise interfering with the integrity of this website and its supporting infrastructure;
220.127.116.11 the commission of any act or any omission which may have adverse technical effects on the integrity or functionality of this website and its supporting servers and infrastructure;
7. DISCLAIMER AND INDEMNITY
7.1 Due to the number of sources from which the Practice obtains content and the nature of electronic distribution via the worldwide web and internet, neither the Practice nor any of its suppliers shall be liable to any user or to any other person in respect of any loss or damage of whatsoever nature caused by or arising from any of the following circumstances, (and the user hereby indemnifies the Practice and its suppliers against any and all claims in respect of such loss or damage):
7.1.1 resulting from or related to the use or access of or inability to use or access any of the information, content or services provided on this website;
7.1.2 any fact or circumstance beyond the reasonable control of the Practice;
7.1.3 any breakdown in the service provided by external service providers and the unavailability or defective performance of any software or any of the services available on or from this website;
7.1.4 the performance or unavailability of this website, or any other website to which it is connected or linked;
7.1.5 any suspension or interruption of access to this website by the Practice;
7.1.6 any breach of privacy or security by any person or entity;
7.1.7 the loss, damage, destruction, theft, contamination or corruption of any data, information or content accessible by means of this website;
7.1.8 the preservation and protection of the integrity of any text or any other form of data, information or content which is contained on or accessible from this website;
7.1.9 any publication or use of any information or data contained on or accessible from this website;
7.1.10 a user’s failure to perform any of its obligations in terms of this agreement, including but not limited to a failure to comply with any of the provisions of clauses 6 and 8.
7.2 Without limiting the generality of the foregoing, neither the Practice nor its suppliers shall be liable for any direct, consequential or indirect loss suffered by a user or any other person.
7.3 the Practice does not warrant or represent that the functions, facilities or services or content contained on this website, or access to this website or any part thereof, will be uninterrupted or error free, that defects will be corrected, or that this website and/or the server that makes it available to a user, is free of viruses, infections, bugs or the like, nor does the Practice make any warranty or representation, whether express or implied, as to the reliability, accuracy, usefulness, adequacy, quality, currency, completeness, suitability, fitness for any purpose or otherwise of any of the information, services, facilities, data or material displayed on or accessed from this website.
7.4 The user hereby indemnifies and holds the Practice and its suppliers harmless against any and all claims in respect of any loss or damage referred to in clauses 7.1 to 7.2 of these terms and conditions.
7.5 Notwithstanding the foregoing, no provision in these terms and conditions excludes or limits, or purports to exclude or limit, in any way our liability to you where it would be unlawful to do so.
8. ONLINE COMMUNICATIONS
8.1 Where any user is permitted to participate in online communications such as requesting information, receiving alerts, sending and receiving e-mail, downloading files and other uses permitted by the Practice, such access and participation is subject to the following:
8.1.1 files that may be uploaded, public messages sent and user’s activity in conference are subject to review, modification and deletion without notice by the representative of the Practice responsible for the administration in the area where the activity takes place;
8.1.2 the Practice’s operating policy relating to online conduct, storage and deletion of e-mail and uploading files and other matters are available and/or will be made available online. the Practice reserves the right in its sole discretion to change such policies at any time and from time to time;
8.2 Users are specifically prohibited from engaging in any of the following activities:
8.2.1 Posting or transmission of any message which is or is likely to be interpreted as libellous, harmful, threatening, abusive or defamatory in the opinion of the Practice;
8.2.2 Posting or transmission of any message, data, image or program which is indecent or obscene;
8.2.3 Posting the same note more than once (“spamming”) is strictly prohibited;
8.2.4 Interception or attempted interception of e-mail or other private communications not intended for that user;
8.2.5 Use of this website as a mass unsolicited distribution medium to communicate a generally unsolicited message;
8.2.6 Sending unsolicited e-mail messages through third party mail service in order to relay, hide the origin of the e-mail to others;
8.3 A user’s participation in online communication occurs in real time and is not edited, censored or otherwise controlled by the Practice. the Practice cannot and does not screen content provided by users during online communication. Notwithstanding the aforegoing, the Practice reserves the right to monitor and record content in online communications but is not obliged to do so. the Practice reserves the right to remove content which the Practice in its sole discretion determines to be harmful, offensive or otherwise in violation of these terms and conditions or the Practice’s operating policies for users on the Practice online.
9. SUSPENSION AND TERMINATION
9.1 In the event that a user should engage in any one or more of the prohibited practices or fail to comply with any obligations contemplated in clauses 6.2 and 8.2, or otherwise breach any of the provisions of these terms and conditions, which shall be determined in the Practice’s sole discretion and which decision shall be final, then the Practice shall be entitled to, without prejudice to any of its rights to:
9.1.1 terminate or suspend, without notice, a user’s access to or use of this website or any service or facility;
9.1.2 charge the user for any costs incurred by the Practice, including, but not limited to, administration costs and downtime; and
9.1.3 in the event that any such practice has an adverse technical effect on the network, to require the user to take such steps as may be necessary to rectify the situation at his/her own cost and expense.
9.2 The termination or suspension of a user’s right to use or access this website or any part thereof, will not affect the provisions of these terms and conditions which shall survive any such termination or suspension.
10.1 the Practice may deliver notice to the user under these terms and conditions by means of e-mail, a general notice on this website, or by written communication delivered by registered post to the user’s address on record. A user may give notice to the Practice at any time via e-mail at firstname.lastname@example.org or by registered letter to the following address: Dr. Elizabeth de Gouveia, Muelmed Hospital, 577 Pretorius St., Arcadia 0083, South Africa.
10.2 An e-mail duly transmitted by either party shall be deemed to have been received 1 (one) day after the date of transmission provided that no notice has been received indicating a failure of or inability to deliver such message. Correspondence sent by registered post shall be deemed to have been delivered 6 (six) days after the date of posting.
11. THIRD-PARTY RIGHTS
12. PERSONAL INFORMATION
12.1 Collection of Your Personal Information
We obtain personal information directly from you when you supply it on our website or when you obtain medical services from our clinic. We may also collect, send and receive information about you, if it is lawful and reasonable to do so, from:
- other authorised persons such as other family members;
- referring clinics, pharmacies and doctors;
- funders such as your medical scheme and its administrators and managed healthcare providers; and
- other entities or persons from whom we may lawfully collect information.
12.2 Processing of Your Personal Information
There are various laws that permit us in our own right or on behalf of the health care practitioners that render medical services to process your personal information such as the National Health Act (Act 61 of 2003), the Medical Schemes Act (Act 131 of 1998), the Pharmacy Act (Act 53 of 1974) and the Health Professions Act (Act 56 of 1974). We will only process, which includes to collect, use, disclose or store, your personal information in accordance with the law or otherwise with your consent and will always strive to keep your information confidential, whether you supply it to us directly or whether we collect it lawfully from other sources.
We may process the following personal information about you and retain it as part of our records:
- name, identity number, date of birth, customer number, passport number, address, age, race, birth, language and religious beliefs;
- employment details;
- details of the funders responsible for the payment of accounts;
- billing details and payment history, including any payment defaults;
- medical history, including the medical history of relevant family members;
- health status, symptoms, diagnoses, prescribed or administered treatment and care as well as procedures performed by relevant health care practitioners, prescribed medicines, findings and results from examinations performed by relevant health care practitioners (including, but not limited to, pathology laboratory results), blood type, prescribed or applied medical devices, responses to treatment, adverse reactions to medicines, relevant behaviour impacting on health status and treatment options, compliance with prescribed or recommended treatment, other relevant clinical and other information that may affect your clinical condition or treatment;
- views and opinions of practitioners about your condition(s);
- completed patient information forms, including terms and conditions and documents on which consent is provided;
- motivations and reports provided to funders;
- sick certificates;
- records of video consultations with medical practitioners (telemedicine);
- records of our interactions or correspondence with you; and
- utilisation of products and medical services of the pharmacy or clinic, if relevant and appropriate as well as utilisation of any of our services.
Other personal information may be collected and processed, as may be necessary and applicable in the circumstances.
You may also object to the processing of your personal information unless such processing is required by law. If you exercise this right or you withdraw your consent and, if the circumstances make it reasonable for us to do so, we may terminate our relationship with you and only continue to host your electronic medical records as permitted in terms of the law, which includes allowing health care practitioners, who have treated you, lawful access to such records.
12.3 Purpose of Processing Your Personal Information
We use the personal and non-personal information collected from you for various purposes, which may include, amongst others:
- inclusion in your electronic medical records hosted by us;
- to communicate information to you regarding your electronic medical records;
- to compile and maintain the newsletter database;
- the registration and/or authentication of users of our website;
- to maintain information submitted by you in respect of competitions and promotions from time to time;
- to compile non-personal statistical information about browsing habits, click patterns and access to our website(s);
- to evaluate the use of our website(s), products and services;
- to analyse the effectiveness of our advertisements, competitions and promotions;
- to provide information to you and relevant funders on request, as authorised by you or permitted in terms of the law;
- to provide health care practitioners who use our technology platform access to your electronic medical records with your consent;
- to allow health care practitioners who have provided medical services to you to use the information for billing purposes;
for historical, statistical and research purposes, whilst protecting your confidentiality;
- for auditing purposes;
- to submit claims to medical schemes, health insurers and voucher providers for services provided to you;
- for marketing and communication purposes. Personal information required for general marketing communications will only be shared publicly with your prior consent; and
- other related lawful purposes.
The clinic, clinic group, pharmacy or pharmacy group you visit may market to you by means of electronic communication, but will never do so without your specific consent.
12.4 Disclosure of Your Personal Information
In order to provide you with appropriate treatment and care, we will share your relevant personal information with:
- health care practitioners who treat you with your consent;
- relevant funders and voucher providers, if necessary (in particular, all clinical notes and referral letters relating to Discovery members are shared with Discovery (Pty) Ltd as a requirement for processing claims for these members);
- other persons, including family members, only if we are permitted to communicate with them in terms of the law or otherwise with your consent;
- our professional advisers;
- any relevant third party in the course of an acquisition, sale, transfer, reorganisation or merger of parts of our business or our assets; and
- our internal quality teams as part of our quality standards and oversight processes;
We will not provide your information to any third party on any terms other than those set out in this Policy unless we have your consent or if it is permitted in terms of the law.
The exact consequences of the abovementioned disclosures of your information are not known by us and information related to this disclosure must be obtained from the person to whom the information has been disclosed. As required or permitted by law, where we are under a duty to disclose or share your personal information in order to comply with any legal obligation or to protect the rights, property or safety of our business or others.
We will only retain your personal information as long as it is necessary for the fulfillment of the purposes specified above.
We shall retain your electronic medical records for as long as it is necessary for lawful purposes, including for historical, statistical and research purposes, subject to the provisions of the law, unless you agree that we may retain it for a longer period.
12.6 Sending Information Across the Borders of South Africa
You acknowledge and agree that we will process and store your personal information in records sent and kept outside of the borders of the Republic of South Africa. We send your personal information outside of South Africa for security purposes. Your personal information is stored in the European Union, whose members effectively uphold rules and laws that provide adequate levels of protection for purposes of processing personal information.
12.7 Security of Your Personal Information
We will take all reasonable measures to ensure the security of your personal information in order to protect it from unauthorised processing and access as well as loss, damage or unauthorised destruction. We continually review and update our information protection measures to ensure the security, integrity, and confidentiality of your information in accordance with industry best practices. The measures we adopt to ensure the security of your personal information include technical and organisational measures and internal policies to prevent unauthorised access, loss or use of personal information such as password control to access electronic records and off-site data back-ups. In addition, only those employees and health care practitioners who require access to your information to discharge their legal obligations will be permitted access and only if they have concluded agreements with us requiring them to implement appropriate security measures and to maintain the confidentiality of your information. We will inform you and the Information Regulator, when the law allows it and as required in terms of the law, if any person unlawfully obtains access to your personal information.
12.8 Right to Access your Personal Information
You have the right to access your personal information subject to restrictions imposed in legislation. You may request access to information we hold about you and information of third parties to whom we have supplied that information. If you wish to exercise this right, please contact our Information Officer.
12.9 Accuracy of Your Personal Information
It is important that we always have accurate information about you on record as it could impact our communication with you and affect your treatment and care. You must therefore inform us as soon as any of your information changes.
You may also request that we correct or delete any information. Such a request must be made in writing to the Information Officer and provide sufficient detail to identify the information and the correction or deletion required. We will only correct or delete information, if we agree that the information is incorrect or should be deleted. If we correct any information and the corrected information will impact on any decision made or to be made about you, we will send the corrected information to persons who may lawfully access your information or to whom we have disclosed it in the past if they should be aware of the changed information.
13. LAW TO APPLY
13.1 The provisions of these terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.
13.2 Where the law requires that any action related to a transaction be carried out in writing or by using a paper document, that requirement shall be met if the action is carried out in an electronic format or using a data message (including but not limited to e-mail).
14. WHOLE AGREEMENT
These terms and conditions constitute the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
15. NO WAIVER
16.1 The Practice reserves the right to change the content, presentation, format, performance, layout, facilities and services available or displayed on this website or any part thereof at its sole discretion and hereby disclaim all liability, losses, claims, damages or inconvenience which may be suffered by any person as a result of such changes.
16.2 The Practice may modify these terms and conditions at any time and such modification shall be effective immediately on the posting of such amendment or modification on this website. A user may request e-mail notification of such amendments or modifications by contacting the Practice at email@example.com
16.3 It is the responsibility of all users to be regularly ensured that they are aware of any modifications and/or updates or changes.
16.4 The continued use by a user or access to or viewing of this website and or the services offered shall be deemed to be conclusive acceptance of such modified terms and conditions.
18. CESSION AND DELEGATION