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Udok (Pty) Ltd, a South African company with registration number 2017/254421/07 and with business address at 57 Main Road, Paarl, 7646, Western Cape (referred to as "Udok" in this document), offers a service enabling individuals ("You") to consult with medical practitioners virtually via Udok's proprietary platform.
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This document contains the terms and conditions governing Your use of Udok's service as described herein. You will not be able to use Udok's service unless You agree to be bound by these terms and conditions. IF YOU ARE NOT YET 18 YEARS OF AGE, YOU MAY NOT REGISTER TO USE UDOK'S SERVICES.
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THESE TERMS CONTAIN SPECIFIC PROVISIONS TO LIMIT UDOK'S LIABILITY, ALLOCATE RISK OR LIABILITY TO YOU, OR CONSTITUTE ACKNOWLEDGEMENT OF FACTS BY YOU. SUCH TERMS AND PROVISIONS HAVE BEEN SET OUT IN CAPITAL LETTERS. YOU SHOULD PAY PARTICULAR ATTENTION TO THESE TERMS SINCE THEY LIMIT YOUR ABILITY TO RECOVER LOSSES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF UDOK'S SERVICES.
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Udok may change these terms from time to time. Such changes take effect when published on Udok's website at https://www.udok.co.za. Although Udok will endeavour to notify You of changes, it remains Your responsibility to read these terms prior to each use of Udok's services and to take note of any changes. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THESE TERMS. IF ANY PROVISION IS UNCLEAR, PLEASE CONTACT US AND MAKE NO FURTHER USE OF UDOK'S SERVICES UNTIL YOUR QUERY HAS BEEN RESOLVED.
1. Definitions
1.1 Medical Practitioner means a qualified healthcare professional enabled by Udok to provide medical treatment and/or related advice via the Udok Platform.
1.2 Udok Platform means the information technology devices and infrastructure used by Udok to provide the services.
1.3 Services means provision of access to the Udok Platform to enable You to consult virtually with a Medical Practitioner for purposes of receiving Treatment.
1.4 Personal Information means all personally identifiable data pertaining to You that is submitted to the Udok Platform in relation to use of the services.
1.5 Treatment means treatment and/or medical advice provided by a Medical Practitioner via the Udok Platform.
1.6 UserID means usernames and/or passwords issued to You to enable access to and use of the Udok Platform, which remain valid and have not expired or been deactivated by Udok.
2. Registration and Access
2.1 You can register an account enabling use of the services by completing the process at https://app.udok.co.za/register-patient. It is your responsibility to ensure that information provided by you is correct.
2.2 If You successfully register, a UserID will be issued to enable access to the service. You must ensure that the UserID is:
2.2.1 kept confidential and not made known to, or used by, unauthorised persons; and
2.2.2 not used for any purpose other than use of the service in the manner authorised under these terms.
2.3 All activity occurring on your account will, to the extent that it depends on Your instructions and/or authorisations, be attributed to You. IT ACCORDINGLY REMAINS YOUR RESPONSIBILITY TO INFORM US IF YOUR USERID HAS BEEN MISAPPROPRIATED.
2.4 Udok may at any time withdraw, limit or suspend Your use of the service, including if Udok is of the view that You have violated these terms or have otherwise made unauthorised or improper use of the services.
2.5 You can terminate Your account (and Your ability to make use of the service) at any time by notifying us in writing at [email protected].
3. Using the Service
3.1 The service gives You the ability to consult virtually with a Medical Practitioner for purposes of receiving Treatment for Yourself or Your dependants. The Medical Practitioner selected by You is solely responsible for providing Treatment. UDOK IS NOT A PROVIDER OF HEALTH CARE SERVICES AND WILL NEVER PROVIDE YOU WITH MEDICAL OR HEALTH CARE ADVICE OR SERVICES.
3.2 You will be required to deposit funds with Udok to ensure that Medical Practitioners are compensated for providing Treatment. Udok will not enable You to receive Treatment unless You have deposited sufficient funds before receiving Treatment.
3.3 If You are a member of a medical aid, Udok may provide an option to conduct a pre-assessment check to determine whether service fees charged by the Medical Practitioner for Treatment will be covered by medical aid and whether a co-payment or shortfall payment applies.
3.4 Udok will notify You if You have insufficient deposited funds, including to cover service fees and/or co-payment/shortfall associated with Treatment, in which case You must deposit additional funds before procuring Treatment.
3.5 You can deposit funds with Udok at any time using payment mechanisms notified to You by Udok or enabled via the Udok website. Amounts deposited by You with Udok will be used:
3.5.1 to settle amounts due to Udok for the services; and
3.5.2 to settle fees charged by Medical Practitioners for providing Treatment to You.
4. Service Fees
4.1 Amounts due for use of the service and for receiving Treatment will be made known to You when You select the Medical Practitioner from whom You elect to receive Treatment.
4.2 Funds deposited by You with Udok constitute pre-payment for use of the service and for service fees due to Medical Practitioners for Treatments.
4.3 Amounts due by You in connection with use of the service and receiving Treatment will be deducted from deposited amounts.
4.4 You can access the Udok Platform at any time to view deposited amounts and available balance.
4.5 You will not be permitted to withdraw such funds or have funds paid to a third party on your behalf. If access to the service is terminated by Udok, or if You terminate your account, Udok will refund any remaining deposited balance to You.
5. Personal Information
5.1 You must provide certain personal information relating to You and (if applicable) Your dependants to enable Udok to provide the service. Udok may also obtain such information from Medical Practitioners who have provided You with Treatments ("Personal Information"). Udok may also collect personal information about You from third parties permitted to share such information.
5.2 Personal Information recorded and held by Udok includes:
5.2.1 personal details (name, telephone number, address);
5.2.2 details of Your medical aid plan;
5.2.3 information concerning state of health and/or wellbeing;
5.2.4 medical procedures undergone by You (or Your dependant/s) and outcomes;
5.2.5 conditions You or members of Your family may suffer from (including chronic conditions and allergies); and
5.2.6 treatments and medicines previously prescribed for You or Your dependants and outcomes.
5.3 Udok will treat all Personal Information as private and confidential and will not use it other than to enable Your use of the services and as described herein.
5.4 Udok may store, manage, process and make Personal Information available to Medical Practitioners to assist provision of Treatment.
5.5 Udok will store and retain such information for as long as You are registered to use the service, and only use such information to enable use of the service as described herein, as agreed with You, or as otherwise permitted/required under applicable law.
5.6 Personal Information is stored on systems hosted in secure locations in and/or outside South Africa, with appropriate security mechanisms against unauthorised access.
5.7 You can enquire at any time about what Personal Information Udok holds and to whom it has been disclosed by submitting a written request to [email protected].
5.8 Udok may charge a reasonable prescribed fee (notified in advance) before processing Your request.
5.9 Udok may refuse to provide information where prohibited by applicable law.
5.10 You may require Udok to correct or erase records that Udok is no longer permitted to retain, or that are inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained, by submitting a written request according to Udok procedures.
6. Disclaimers
6.1 THE SERVICE IS PROVIDED "AS IS" AND UDOK DOES NOT GUARANTEE THAT IT WILL ALWAYS BE AVAILABLE OR FUNCTION CORRECTLY. UDOK ALSO DOES NOT GUARANTEE THE AVAILABILITY OF ANY PARTICULAR MEDICAL PRACTITIONER.
6.2 YOU ACKNOWLEDGE THAT UDOK IS NOT A MEDICAL OR HEALTH CARE SERVICES PROVIDER AND DOES NOT PROVIDE MEDICAL OR HEALTH CARE SERVICES OR ADVICE, AND THAT UDOK ACCORDINGLY CANNOT BE HELD LIABLE FOR INJURIES, HARM, DAMAGES OR LOSSES SUFFERED BY YOU IN CONNECTION WITH ANY TREATMENT. YOU HEREBY INDEMNIFY UDOK AGAINST ALL INJURIES, LOSSES AND DAMAGES SUFFERED BY YOU AND/OR YOUR DEPENDANTS IN RELATION TO TREATMENT.
6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UDOK WILL IN NO EVENT BE LIABLE TO YOU FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF THE SERVICES, WHETHER IN CONTRACT, DELICT OR STATUTE (INCLUDING NEGLIGENCE), AND YOU AGREE TO INDEMNIFY UDOK AGAINST SUCH LOSS AND DAMAGE.
7. General
7.1 Use of the service is subject to the laws of the Republic of South Africa.
7.2 These terms, and any terms/policies incorporated by reference, constitute the entire agreement between You and Udok regarding use of the service.
7.3 No amendment or variation of these terms is enforceable unless reduced to writing by Udok and published on Udok's website at https://www.udok.co.za.
7.4 These terms override contrary terms or conditions incorporated in communications with Udok, and such conflicting terms do not form part of the agreement relating to the service.
7.5 Udok's failure to enforce any provision strictly will not be construed as waiver of any provision or right.
7.6 If any provision is held unenforceable or invalid by a competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect original intentions, and the remainder will remain in full force and effect to the fullest extent permitted by law.