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Privacy Policy

ECTA and POPIA governs the contractual relationship between TruDoc 24×7 SA and users.

Use of the TruDoc 24×7 Platform:

  • shall be deemed to have been accepted by an identified healthcare provider or patient, as the case may be, if he/she/they register(s) as a user on theTruDoc 24×7 Platform through the TruDoc Platform App;
  • constitute a written warranty by the healthcare provider and the patient of the authenticity, truth and correctness of any personal information or data posted to and stored on the TruDoc 24×7 Platform.
  • constitute a written authority subject to clause C3.2 to TruDoc 24×7 SA:
    • to collect, collate, process and disclose the personal information of the healthcare provider or the patient, for the disclosed purpose;
    • to transfer and retain the personal information on the TruDoc 24×7 Platform with a disclosed service provider in South Arica in a manner that complies with the applicable law;
    • to retain    a    record    of    the   personal information for a period of one (1) year after the healthcare provider or the patient, requests his/her personal information to be deleted or removed from the TruDoc 24×7  Platform;
    • to disclose the personal information to a third party if obliged to do so in law;

Users:

  •  must review and update their personal information stored on the Trudoc 24×7 Platform;
  • may request the removal of their personal information from the TruDoc 24×7 Platform subject to the prescribed statutory period applicable to the retention of medical records by healthcare providers.

Users are personally responsible to create and keep their username and password confidential, and not to allow anyone else to use it.

Cookies are used only to enable the TruDoc Platform App to identify the user, and shall remain on the user’s computer for a defined period of time, and all users must allow the use of Cookies for this purpose.

The TruDoc Privacy Policy does not cover third parties who advertise on the TroDoc 24×7 Platform or the technology they use.

Samer Sader has been appointed as Information Officer of TruDoc 24×7 SA, who:

  • may be contacted at ssader@trudoc24x7.co.za;
  • is responsible for ensuring implementation and compliance with this Privacy Policy.

DISCLAIMER AND LIMITATION OF LIABILITY

  • Subject to the provisions of POPIA and Sections 43(5) and 43(6) of ECTA, to the extent applicable to this user agreement, TruDoc 24×7 SA shall not be liable for any damages, loss or liability incurred by whomever and resulting from access to, the use of, or an inability to access and use the TruDoc Platform App, or the content available on, or the services rendered by healthcare providers to patients when using the TruDoc Platform App, or the content of a data message sent from the TruDoc Platform App, or any other reason not directly related to wilful wrongful conduct or the gross negligence of TruDoc 24×7 SA in establishing, maintaining and providing access to and authority to use the TruDoc Platform App.
  • The TruDoc Platform App is available for use on an “as is” basis and no warranty is given that it shall meet the individual needs or requirements of users. A user must satisfy him / herself, prior to registering and using the TruDoc Platform App that the capabilities meet his/her individual needs, and that it is compatible with the user’s computer hardware and/or software.
  • Information provided, diagnosis made, medicines prescribed or the content of documents issued are, and should not be regarded as the professional advice or opinion of TruDoc 24×7 SA.

TruDoc 24×7 SA:

  • only warrants the identity of users.
  • does not give any warranties or representation that the services rendered through the TruDoc Platform App are scientifically, or ethically correct;
  • does not warrant that the TruDoc Platform App shall be available 24/7, because availability may be affected by updates or other causes beyond the reasonable control of TruDoc 24×7 SA, or its service providers, including, but not limited to virus infection, unauthorised access (hacking), power failures or other “acts of God”, which a registered user consciously accept.

Patients use the health services provided on the TruDoc Platform App at their own risk and indemnify TruDoc 24×7 SA against any liability, loss and/or damage resulting from the rendering of health services through the use of the TruDoc Platform App.

TruDoc 24×7 SA does not edit personal information posted to the TruDoc 24×7 Platform by users,and shall not be liable for any untruthful postings or information.


REGISTRATION AUTHORISATIONS AND CONSENTS

In order to become and remain entitled to use the TruDoc Platform App for the disclosed purpose, a user must complete the applicable parts of the registration form and upload the supporting documentation electronically.


RIGHTS, OBLIGATIONS AND DUTIES OF TRUDOC 24X7 SA

  • During the existence of an agreement between TruDoc 24×7 SA and registered users, TruDoc 24×7 SA shall:
    • subject to the proviso of this clause, have the right to unilaterally amend the Terms of Use displayed on the TruDoc Platform App from time to time in such a manner that it is readily identifiable; provided that on the first occasion on which the patient or healthcare provider uses the TruDoc Platform App after an amendment, the patient or healthcare provider will be required to accept the “I agree” promt, in order to continue to use the TruDoc Platform App, whereafter the amended Terms of Use shall be effective and binding on such users;
    • in its sole discretion be entitled:

      • to re-design or enhance the TruDoc Platform App from time to time as part of its continued investment in its intellectual property embedded in the TruDoc Platform App in order to sustain a competitive advantage;
      • to determine the nature, format and operational procedures of any security measures to gain access to the TruDoc Platform App;
      • to determine the route of delivery and maintenance of personal information and electronic transactions between TruDoc 24×7 SA, and registered users;
      • to appoint sub-contractors to assist with the design, implementation, maintenance and security of the TruDoc Platform App;
  •  be accessible and responsive to electronic communications on the TruDoc Platform App from healthcare providers or patients regarding the use of the TruDoc Platform App or any other queries or complaints.
  • TruDoc 24×7 SA shall:

  • only access, use, transfer and store personal information for the disclosed purpose in the Privacy Policy;
  • for purposes of verification of personal information of registered users, be entitled to inspect, and obtain copies of statutory records.

TruDoc 24×7 SA is the owner and/or rightful licensee of all intellectual property rights in the TruDoc Platform App, including but not limited to, inventions, know-how, data processing techniques, copyrights, patents, designs and trade marks, whether registered or unregistered in South Africa or elsewhere in the world, or protected by South African and international laws.

A user will not acquire any intellectual property rights, in respect of the TruDoc Platform App or content on the TruDoc 24×7 Platform other than to request removal of his/her personal information.  

Any unauthorised use of the TruDoc Platform App and/or the content and/or all intellectual property rights related thereto, is prohibited.

TruDoc 24×7 SA shall be entitled to take all such steps, which may be necessary to protect its intellectual property and / or to allow the lawful use thereof.

TruDoc 24×7 SA shall be entitled to discontinue the use of the TruDoc Platform App by registered users in the event of a breach of the Terms of Use by a registered user, or a breach of the professional code of conduct applicable to the profession of a healthcare provider who is a registered user.

TruDoc 24×7 SA shall establish an ethics committee. Any complaints shall be filed with the ethics committee, and if the ethics committee is of the prima facie opinion that a healthcare provider has made him-/herself guilty of conduct which is deemed to be unprofessional conduct, then TruDoc 24×7 SA may suspend such healthcare provider’s access to and use of the TruDoc Platform App, pending the outcome of an internal peer review process to which the healthcare provider voluntarily submits him- /herself.

TruDoc 24×7 SA shall, when collecting the agreed amount due for professional services rendered during or as part of a virtual consultation, due in terms of an invoice rendered to the employer of a patient, or when paying the healthcare provider for rendering the health services, remain an independent contractor providing an online electronic platform to facilitate face to face virtual consultations between healthcare providers and their patients funded by the employers of registered patient users.

TruDoc 24×7 SA shall:

  • be entitled to payment of the monthly subscription in the manner and amount agreed and recorded with employers of patients who in terms of their contracts of employment are offered the benefit of virtual consultations on the TruDoc 24×7 Platform;
  • on behalf of contracted employers, pay registered healthcare providers who render health services to their employees who are registered on the TruDoc Platform App, the agreed fee for rendering such services.

AGREED RIGHTS, OBLIGATIONS AND DUTIES OF THE HEALTHCARE PROVIDER AS USER OF THE TRUDOC PLATFORM APP

  • Healthcare providers who register as users of the TruDoc Platform App accept that:
  • he/she is granted access by TruDoc 24×7 SA to use the TruDoc Platform App based on the truth and correctness of the personal information recorded by the healthcare provider during the registration process;
  • he/she is not entitled to the continued use of the TruDoc Platform App if:
    • his/her right to practise his/her profession is suspended or terminated;
    • there has been a wilful misrepresentation of personal information provided as part of the registration process;
  • he/she has a professional and fiduciary duty to inform TruDoc 24×7 SA should his/her right to practise change in any way;
  • he/she is only entitled to demand payment from TruDoc 24×7 SA of the agreed fees for professional services rendered making use of the TruDoc Platform App to a registered patient;
  • he/she is not entitled to demand or receive payment from a registered patient for health services rendered to such patient making use of the TruDoc Platform App and consciously waves any such claim which he/she might have.

Registered healthcare providers shall at all times whilst a registered user of the TruDoc Platform App:

  • observe and comply with all of the provisions of the applicable law, and any amendment thereof when consulting a patient;
  • use the TruDoc Platform App only as authorised in terms of the Terms of Use;
  • render professional health services through the TruDoc Platform App, do so in accordance with generally accepted best clinical practices;
  • keep and retain, in accordance with the applicable law complete and accurate records in respect of all virtual consultations conducted on the TruDoc Platform App, diagnosis made, advice given and medicines prescribed, if any.

Healthcare providers are not obliged to accept a patient’s request for a virtual consultation, but if he/she does so, then he/she must prior to accepting a virtual consultation request, verify the identity of the patient, for which purpose healthcare providers shall be granted access to the personal information of such patient.

The healthcare provider acknowledges and accepts that it is within his/her sole discretion, and it remains his/her sole professional responsibility to assess and determine whether it is clinically appropriate to conduct, or continue with a virtual consultation with his/her patient on the TruDoc 24×7 Platform.

Healthcare Providers:

  • are, and shall at all times remain, independent practitioners and shall not make any representations or statements or permit any act or conduct calculated to indicate or be construed to mean that there is any relationship between them and TruDoc 24×7 SA other than that of authorised users of the TruDoc Platform App;
  • indemnify TruDoc 24×7 SA against any liability, or damages which TruDoc 24×7 SA may incur or suffer as a result of any claim by a patient or his/her employer for unprofessional conduct or professional malpractice by the healthcare provider concerned;
  • acknowledge that TruDoc 24×7 SA does not act as agent for or on behalf of healthcare providers.

The healthcare provider must obtain the patient’s express electronic consent to record the contents of the virtual consultation, if the healthcare provider is required to do so in terms of the applicable law and all medical certificates issued pursuant to a virtual consultation must be saved electronically on the TruDoc 24×7 Platform by the healthcare provider, with the patient’s express electronic consent.


AGREED RIGHTS, OBLIGATIONS AND DUTIES OF THE PATIENT AS USER OF THE TRUDOC PLATFORM APP

Patients acknowledge that:

  • they are granted access by TruDoc 24×7 SA to use the TruDoc Platform App based on the truth and correctness of the personal information recorded by them during the registration process;
  • they are not entitled to the continued use of the TruDoc Platform App if there has been a wilful misrepresentation of personal information provided as part of the registration process.

Registered patient users acknowledge and accept that:

  • they may use the TruDoc Platform App only as authorised in terms of the Terms of Use;
  • it is the duty of the healthcare provider which they select as their provider of choice, to observe and comply with all of the provisions of the applicable law, and any amendment thereof to virtually consult with patients and to ensure that if the virtual consultation is recorded and retained that patients have given their express advance consent to do so;
  • it is the sole professional responsibility of the healthcare provider of the patient’s choice, to assess and determine whether it is clinically appropriate to conduct, or continue with a virtual consultation on the TruDoc Platform App.

Patients accept that:

  • a healthcare provider is not in law obliged to accept a patient’s request for a virtual consultation;
  • a healthcare provider is entitled to verify the identity of a patient who requests a virtual consultation, for which purpose patients grant registered healthcare providers access to their personal information posted on the TruDoc Platform App by the patient.

The healthcare provider with whom a patient elects to consult on the TruDoc Platform App:

  • is, and shall at all times remain, an independent healthcare practitioner selected by the patient and no contractual relationship to render any health services to the patient shall come into existence between the patient and TruDoc 24×7 SA;
  • indemnifies TruDoc 24×7 SA against any liability, or damages which the patient may incur or suffer as a result of health services provided to the patient by the patient’s healthcare provider of choice making use of the TruDoc Platform App, or for unprofessional conduct or professional malpractice by such healthcare provider.

HARDWARE

All users shall acquire the hardware and electronic communication tools required for use of the TruDoc Platform App.