GENERAL CONDITIONS OF USE OF THE MEDICALLIB SERVICES
For the purposes of the General Conditions of Use, the following expressions will have the following meaning:
- GCU means general conditions of use applicable to the Service (s).
- TOS means terms of service
- CIPC means Company and Intellectual Property Commission
- SARS means South African Revenue Service
- Personal Data means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements specific to his physical, physiological, mental, economic, cultural or social identity.
- Personal Health Data means any Personal Data of the User collected by a Health Professional during the course of prevention, diagnosis, care or social and medico-social follow-up activities and in particular in the context of use of Medicallib’s Services.
- Identifier means the personal identifier associated with the User’s account and any confidential code or password issued to the User by MEDICALLIB and modified by the User and allowing the User to identify himself in order to access Services.
- Parties jointly designated as MEDICALLIB and the User.
- Health or Healthcare professional refers to professionals involved in the healthcare sector, and who are presented on the Site.
- Health Institutions refers to institutions or companies involve in the health or medical sector, and who are present on the Site. May also refer to an entity offering products and services within any of the branches of healthcare.
- Services means jointly the Community Services of Q&A, Health Stories, Directory Service, the Online Appointment Service, communication services such as emails, live chat, the Box and Lead form, Job Posting Services, web design and Hosting Services made available to Users by MEDICALLIB through the Site.
- Directory Service means the free Health Professionals or institutional search service provided to Users by MEDICALLIB through the Site.
- Online Appointment Service means the Online Appointment Service for Health Professionals made available to Users through the Site.
- Community Services means the asking of questions, providing of answers and posting of health stories or articles
- Job Posting means posting jobs to seeks for employees through MEDICALLIB’s site.
- Web Hosting and Design Services refers to medicallib hosting and/or designing a website for any of its site users upon request
- Site means the website medicallib.co.za
- User means any natural person who uses the Site and accesses the Services offered by MEDICALLIB through the Site.
- Whenever a word or phrase has a definite meaning, every other form of that word or phrase has a corresponding meaning;
- Words in the singular include the plural and vice versa;
- A reference to a document, standard, legislative provision, code or any other document implies any modification or updating of that document, standard, legislative provision or code;
- If a period of time is specified and dates back to a given day or the day of acceptance of the TOS, this period of time shall be calculated as including that day.
MEDICALLIB is registered under CIPC with registration number 2019/005245/07. It also has SARS registration Numbers, 9853968163.
SUBJECT OF THE TERMS AND VERSION IN FORCE
The purpose of these Terms is to define the conditions under which Users may access and use the Services.
If the User does not agree with all or part of the Terms, it is strongly recommended that he/she not use the Site and the Services.
MEDICALLIB is free to modify, at any time, these TOS, in particular to take into account any legal, regulatory, jurisprudential and / or technical developments. The version that prevails is the one that is accessible online at the following address: https://medicallib.co.za/terms-and-conditions. The same applies to any GCU available online at the Services address. All Users are therefore required to refer to their version accessible online at the date of their access and use of the Services.
The User is expressly informed that the only version of the GCU of the Services that is authentic is the one that is online on the Site, which he recognizes and accepts without restriction, committing to refer to it systematically during each connection.
Use of the Services is restricted to Users who are natural persons capable of subscribing in accordance with South African laws or by whom it has been mandated for this purpose.
The User may use the Services on behalf of third parties over whom he has parental authority or for which he is recognized as tutor or curator in accordance with South African law.
INFORMATION, RESPONSIBILITIES AND GUARANTEES RELATING TO MEANS OF ACCESS TO SERVICES
MEDICALLIB sets up the necessary means for the smooth running of the Services. MEDICALLIB takes the necessary measures to maintain the continuity and quality of the Services.
The User acknowledges that his/her use of the Services is at his or her own risk. The Services are provided to him or her “as is” and are accessible without any guarantee of availability and regularity. MEDICALLIB will, however, endeavor to make the Services accessible 24 hours a day, 7 days a week, except in case of force majeure or an event beyond the control of MEDICALLIB and subject to maintenance periods, possible breakdowns, and unforeseen circumstances technically related to the nature of the internet network or malicious acts or any damage to MEDICALLIB’s hardware or software.
MEDICALLIB cannot be held responsible for disruption of the Internet due to force majeure within the meaning of the jurisprudence of the Supreme Court of appeal and because of the maintenance operations of the Services planned by MEDICALLIB. MEDICALLIB cannot also be held responsible for the installation and operation of terminals used by the User to access the Services and not provided by MEDICALLIB.
More generally, MEDICALLIB can in no way be held responsible because of an interruption of the Services regardless of the cause, duration or frequency of this interruption.
The transfer rates and response times of information flowing from the MEDICALLIB platform to the Internet are not guaranteed by MEDICALLIB.
The User acknowledges that the speed of transmission of information does not depend on the services offered by MEDICALLIB, but on the characteristics inherent to the electronic communications networks and the technical characteristics of its connection mode (cable, ADSL, 3G, 4G etc.) and its internet access.
MEDICALLIB cannot under any circumstances be held liable for any indirect damage suffered by the User when using the Services. Indirect damages are those that do not result exclusively and directly from the failure of the MEDICALLIB Services.
In addition, the responsibility of MEDICALLIB cannot be sought for acts performed by the User or a third party using the Services.
Any software downloaded by the User, or obtained in any other way when using the Service, is at the User’s own risk.
PREREQUISITE INFORMATION ABOUT SERVICES
The Site offers the possibility to the User to use: – The Community Based Question and Answers Services and Posting of Health Stories; The Directory Service; The Online Appointment Service; and to exchange information and documents with healthcare practitioners.
The Services are provided to the User (excluding business owners) free of charge. Nevertheless, equipment (including computer, telephone, software, electronic means of communication) allowing access and use of the Services are the sole responsibility of the User, as well as the costs of electronic communications (including telephone costs, Internet access costs) resulting from their use. It is up to the User to inquire about the price of use of such equipment or services with the operators concerned. The User is solely responsible for their prices.
In addition, the User acknowledges that the Site refers to paid services. Notably and for example, following a reservation made through the Site’s Online Appointment Service, the User acknowledges and accepts that the health service provided by the Health Professional registered on the Site is paid. When MEDICALLIB provides on its Site details concerning the tariffs of the fees of a Health Professional, this information is provided for information only and for the sake of convenience. MEDICALLIB does not guarantee the accuracy of such information.
The Directory Service allows the User to search for a Health Professional or institutions according to different criteria (geolocation, specialty, condition or disease, education etc.) and to consult the page of the Health Professionals or institution thus sought.
MEDICALLIB does not guarantee the User that his directory contains all healthcare professionals practicing in South Africa or all the institutions proving products and services related to healthcare in South Africa and more specifically in the user’s geographical area of research. As a result, the User may not find a health professional, health care institution, services or products on the Site using the Directory Service.
MEDICALLIB refers the User to the website of the relevant Professional Orders for health professionals practicing a regulated profession and to the sites of representative unions of health professionals not practicing a regulated profession in order to obtain the exhaustive list of members of each profession. The same applies for healthcare institutions providing products and services related to health care or wellness.
MEDICALLIB reminds the User that in no case can the Directory Service be assimilated, due to its lack of completeness, to a user addressing service for Healthcare Professionals.
The User always retains the choice of health professionals or institutions they consult in accordance with the applicable provisions of the Public Health Code, the ethical provisions applicable to regulated professions and the binding provisions applicable to non-regulated professions.
ONLINE APPOINTMENT SERVICE
The User can, at any time, make an appointment online with a Health Professional or institution for a consultation and/or inquiry at a time indicated as available by the Health Professional or Institution on the Portal and that the User has previously identified within the Portal through the Directory Service.
Each appointment is transmitted in real time to the Health Professional or Institution involve.
The User can also manage his or her appointments (cancellation, modification) .
The User authorizes the Health Professional or Institution, via MEDICALLIB, and / or MEDICALLIB to send him SMS and e-mails whose purpose is to provide him with information about appointments he has made on the Site.
The User also authorizes the Health Professional, via MEDICALLIB, and / or MEDICALLIB to notify him by SMS or e-mail any practical information concerning Health Professionals or Institutions or any health service or product information sent by these same Health Professionals and institutions. Any Health Professional or institution where the User has made an appointment is automatically saved as history for future reference.
MEDICALLIB, the Health Professional or institutions disclaim any liability in the event of an error in the User’s entry of his or her details, making it impossible to send any SMS or e-mail necessary for the proper functioning and proper administration of the Health Service “Online Appointment”.
It is up to the User to make any checks that seem necessary or appropriate before proceeding to any reservation with one of the Health Professionals or Institutions registered on the Site. MEDICALLIB is not responsible for the accuracy of the information on each Health Professional’s or Institution’s page. The accuracy and updating of these data are the sole responsibility of the Health Professional or Institution.
The use of the Services does not dilute, modify or mitigate, directly or indirectly, the responsibility and obligations of the Health Professionals or Institution registered with the Services towards the Users. Healthcare Professionals or institution practice their professional practice independently, according to their own ethical, legal and regulatory obligations and under their exclusive responsibility.
MEDICALLIB is in no way responsible for any cancellation or unavailability of the Health Professional or Institution following the identification and scheduling of an appointment by the User via the Online Appointment Service.
The User agrees to complete all the necessary Information requested for the proper use of the Online Appointment Service.
The User is informed that the scheduling of an appointment via the Online Appointment Service constitutes a firm commitment on his or her part, and that any non-presentation to a scheduled appointment must make the appointment object of a prior cancellation or postponement to the Health Professional or Institution concerned. This information can be made either via the cancellation system offered via the Site, or by any means of contact registered Health Professional or Institution, at the option of the User. The user acknowledges being informed that he/she assumes exclusively the consequences of his non-presentation to an appointment vis-à-vis the health professional or institution concerned. The User is also informed that if he/she is declared absent by the same Health Professional or institution at three of his appointments, then the entity involve has the right to block their further appointment with them until they deem necessary.
REGISTRATION AND ACCESS TO THE ONLINE APPOINTMENT SERVICE
After requesting the creation of his User’s account, MEDICALLIB issues the User with User IDs so that the User can access his or her User account. When requesting the opening of his or her User account, the User provides true, accurate, up-to-date and complete information on his identity as requested in the internet form. He/she undertakes in particular not to create a false identity likely to induce MEDICALLIB or third parties in error and not to impersonate another natural person. The User agrees to immediately update, in case of modification, the data that he has communicated initially.
In the event that the User provides false, inaccurate, outdated, incomplete, misleading or misleading information, MEDICALLIB may, immediately without notice or compensation, suspend or terminate the User’s account or refuse access, temporarily or permanently, to all or part of the Services.
The User account includes its Identifiers and placed under the exclusive responsibility of the User. The User undertakes to keep them secret and not to disclose them in any form whatsoever. If any of the User’s identification elements are lost or stolen, the latter must immediately inform MEDICALLIB, who will then proceed to the cancellation and / or immediate update (s) of the Identifier concerned.
The User is solely responsible for the use made of his / her Identifiers, even if the User pre-registers on his / her computer, mobile phone or any other type of equipment his / her ID, thus allowing the automatic connection to Services.
Any access, use of the Services and transmission of data made from the account of a User will be deemed to have been made by the latter. The safeguarding of the confidentiality of the User’s Identifiers is the sole responsibility of the User. In this regard, the User is required to ensure that at the end of each session he effectively disconnects the Services, in particular when he accesses the Services from a public computer.
Any loss, misappropriation or unauthorized use of a User’s Identifiers and their consequences is the sole responsibility of this User. In all the cases mentioned above, the User must inform MEDICALLIB, without delay, so that MEDICALLIB can reset the User account.
Each User may at any time terminate the subscription of his User Account by contacting MEDICALLIB.
If the Services contain hypertext links to websites published by third parties (hereinafter the “Third Sites”) on which MEDICALLIB does not exercise any kind of control, MEDICALLIB assumes no responsibility for the content of the site. The presence of hypertext links to Third Party Sites does not mean that MEDICALLIB approves in any way the content of the Third Party Sites. MEDICALLIB is not responsible for any modification or update concerning the Third Sites. MEDICALLIB is not responsible for the transmission of information from the Third Sites, nor the malfunction thereof.
The MEDICALLIB Services and all the elements that make them up are, except for special mention, the exclusive property of MEDICALLIB. All trademarks and logos belonging to MEDICALLIB cannot be used by the User without the prior written consent of MEDICALLIB.
Accordingly, pursuant to the provisions of the Intellectual Property Code, the laws and regulations of all countries and international conventions, any reproduction, distribution or representation, in whole or in part, of the MEDICALLIB Services or any other element that compound is prohibited, as is their alteration. As such, the User is prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or language, placing on the market, for free or for a fee, marketing, all or part of the Services provided by MEDICALLIB or any element composing them, whatever the means and the support.
PROTECTION OF PERSONAL DATA
PERSONAL DATA RELATING TO THE USER
MEDICALLIB expressly invites the User to consult his policy on the protection of personal data which forms an integral part of these Terms.
COOKIES AND IP ADDRESS
At the request of the judicial authorities, MEDICALLIB may transmit the IP address of the User, so that the latter is identified in cooperation with his ISP.
There is force majeure where an event beyond the control of the user, which could not be reasonably foreseen upon acceptance of the T & Cs and the effects of which cannot be avoided by appropriate measures, prevents the performance of his/her obligations.
The case of force majeure suspends the obligations of the party concerned during the time when force majeure will occur if this event is temporary. Nevertheless, the Parties will endeavor to minimize the consequences as far as possible.
The messages received by fax or electronically and more generally the electronic documents exchanged between MEDICALLIB and the User are original writings, that is to say having the same value as that granted to the original. Faxes or electronic writings should be kept in such a way that they can constitute faithful and durable copies.
The fact for one or other of the Parties not to avail for one or more stipulations of the GCU can in no way imply the waiver by this Party to avail itself later.
In the event that certain stipulations of the GCU are inapplicable for any reason whatsoever, including due to an applicable law or regulation, the parties will remain bound by the other stipulations of the GCU and will endeavor to remedy the clauses inapplicable in the same spirit as that which prevailed at the conclusion.
APPLICABLE LAW AND JURISDICTION
The User is informed that the Site is intended for patients residing in South Africa and is subject to South African law. Also, by browsing the Site or using the services of MEDICALLIB, the User submits to South African law.
Any difficulties relating to the validity, the application or the interpretation of the Terms will be subject, to the court, to which the Parties grant territorial jurisdiction, whatever the place of execution or the defendant’s home.