Proximity Health (Pty) Ltd. – Terms of Use

Date of Publication:

December 2023

Proximity Health (Pty) Ltd (“Proximity Health”, “we”, “our”, or the “Company”) welcomes you to use our telemedicine services through our mobile application (the “App”), web platform, and related services (collectively, the “Services”). By using the Services, you acknowledge that you have read and understood these Terms of Use (the “Terms”) and agree to be bound by them.

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1. Acceptance of the Terms

By accessing or using the Services, you agree to comply with these Terms and all applicable laws in South Africa, including the Protection of Personal Information Act (POPIA). These Terms constitute a legally binding agreement between you and Proximity Health (Pty) Ltd.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Emergency Notice: Proximity Health is not intended for emergency situations. If you experience a medical emergency, please contact your local emergency services immediately.

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2. The Service

Proximity Health provides telemedicine services that enable the communication of medical information between patients and healthcare providers. These services include facilitating virtual consultations, transmitting medical data, and enabling healthcare providers to deliver medical diagnoses.

Usage and Medical Information

The Services enable you to share medical information such as your medical history, symptoms, and relevant physiological data (including temperature, heart rate, and more) with healthcare providers (“Clinicians”). The data collected during these interactions is referred to as Patient Medical Information. The Clinicians may provide feedback in the form of Medical Diagnosis Information.

By using the Services, you acknowledge that Proximity Health only facilitates the transmission of medical information and does not provide medical advice or diagnoses itself. Healthcare services are provided solely by licensed medical professionals.

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3. User Accounts

To use the Services, you must register an account (“Account”) by providing accurate and complete information such as your name, contact information, and relevant demographic data. If you are a parent or legal guardian, you may register an account on behalf of a minor or dependent. You are responsible for all activity conducted through your account.

You must keep your account information secure, and you agree to notify Proximity Health immediately if there is any unauthorized use of your account.

Minors

You may add and manage minor dependents’ accounts. By doing so, you confirm that you have the appropriate authority and permissions to act on behalf of the minor in accordance with POPIA.

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4. Your Responsibilities and Representations

By using the Services, you represent and warrant that:

• You have the legal authority to enter into this agreement and form a binding contract.

• You will only share accurate medical information and will seek medical advice when needed.

• You will comply with all applicable laws, including those regarding the use of minors' information and health data.

 

5. Use Restrictions

You agree not to:

• Use the Services for illegal purposes.

• Share or upload inappropriate, misleading, or harmful content.

• Modify, decompile, or reverse-engineer any aspect of the Services.

• Use the Services to harass, defame, or violate the rights of others.

• Share login credentials or access to your account with unauthorized persons.

Proximity Health reserves the right to terminate access to the Services if these restrictions are violated.

 

6. No Liability for Healthcare Providers

Proximity Health is not responsible for the medical advice or diagnosis provided by healthcare professionals using the platform. You acknowledge that healthcare professionals, and not Proximity Health, are responsible for medical decisions and diagnoses based on the information you provide.

 

7. Clinicians’ Responsibilities

If you are a healthcare provider using the Services, you represent that you are licensed in South Africa, and that your use of the Services complies with all applicable laws and ethical standards. You will maintain the confidentiality of all patient information and use the platform solely for providing healthcare services.

 

8. Privacy Policy

Proximity Health respects your privacy. Our privacy practices, including the collection and use of personal and medical information, are detailed in our Privacy Policy. By using the Services, you agree to our privacy practices and policies, which are designed to comply with POPIA.

 

9. Intellectual Property

Proximity Health grants you a limited, non-exclusive, non-transferable license to use the Services. You agree not to reproduce, modify, or distribute any content related to the Services without prior written permission from Proximity Health.

All trademarks, logos, and intellectual property associated with Proximity Health are owned by the Company or its licensors.

 

10. Availability of Services

While Proximity Health endeavors to ensure continuous availability of the Services, we do not guarantee uninterrupted or error-free access. We may modify, suspend, or discontinue the Services at any time, without prior notice.

 

11. Changes to the Services

Proximity Health may update, improve, or modify the Services at any time. You acknowledge that such changes may affect your access to the Services and agree that Proximity Health is not liable for any interruptions or modifications to the Services.

 

12. Disclaimer and Warranties

The Services are provided on an "as-is" and "as-available" basis, without warranties of any kind. Proximity Health does not guarantee the accuracy, completeness, or reliability of any content provided through the Services.

 

13. Limitation of Liability

Proximity Health is not liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability to you for any claims related to the use of the Services is limited to the amount you paid for the Services.

 

14. Indemnification

You agree to indemnify and hold harmless Proximity Health from any claims, damages, or losses arising from your use of the Services or violation of these Terms.

 

15. Amendments to the Terms

Proximity Health reserves the right to amend these Terms at any time. If substantial changes are made, we will notify you through the App or by email. Your continued use of the Services following such changes constitutes acceptance of the new Terms.

 

16. Termination

Proximity Health may suspend or terminate your access to the Services at any time, especially if you violate these Terms. Upon termination, you may lose access to any information stored on the platform.

 

17. Minors

To open an account, you must be over 18 years of age. Parents or guardians may use the Services on behalf of minors, provided they ensure that all information submitted is accurate and secure.

 

18. Jurisdiction and Governing Law

These Terms are governed by the laws of South Africa. Any disputes arising from these Terms shall be resolved in the courts of South Africa.

 

19. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at:

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Proximity Health (Pty) Ltd
The Village Medical Centre
12, 7th Avenue, Parkhurst, Johannesburg, 2193
Email: support@proximity.health