Terms of Service
OUR RELATIONSHIP WITH YOU
- • These are the terms and conditions (Terms of Service) relevant to the Services we supply. These Terms of Service refer to the following additional terms which also apply to Your use of our Services:
- • Our Acceptable Use Policy.
- • The above terms and conditions and policies are hereby incorporated by reference and together are the agreement (“Agreement”) between us and You. If there is any conflict between the above terms and conditions/policies and these Terms of Service, the latter will prevail.
- • You acknowledge and agree that the provision of our Services to You (either as a Normal User or Medical Practitioner User) creates a direct business relationship between us and You. When we refer to ''You' it could be either to You as a natural person or a juristic person You represent (if applicable), utilising our Services, unless specifically stated otherwise.
- • We do not, and shall not be deemed to, direct or control You generally or in Your performances under this Agreement specifically, including in connection with the provision of any medical advices and related medical services to Normal Users of our Services, Your acts or omissions, or Your operation in the provision of the aforesaid services.
- • You retain the sole right to determine when, where, and for how long You will utilize our Services. You retain the option, by way of our Services as a Medical Practitioner User, to accept or decline a Normal User’s request for medical and related advices and services.
- • Except as otherwise expressly provided herein (i.e. where we act as payment agent on behalf of a Medical Practitioner User), the relationship between us and You are solely that of independent contracting parties. You expressly agree that no joint venture, partnership, or agency relationship exists between You and us and that neither of us (except where agreed in writing under these Terms of Service) have the authority to bind each other or hold ourselves out as an agent or authorized representative of the other.
OUR RELATIONSHIP WITH YOU
- • How we may contact You. If we have to contact You we will do so by telephone or by writing to You at the email address, postal address or other electronic communication facility address You provided to us in Your User Account.
- • A reference to "writing" shall include Data Messages, which shall include, but not limited to, emails. You acknowledge that all agreements, authorization or request on our Services satisfy the “writing” requirement as per section 12 of the ECT Act.
RELATIONSHIP BETWEEN NORMAL USERS AND MEDICAL PRACTITIONER USERS
- • You acknowledge and agree that:
- • Information you give to us: We will use this information to:
- • the provision of the Medical Practitioner Services by the Medical Practitioner User to the Normal User creates a direct business relationship between the Medical Practitioner User and the Normal User. We are not responsible or liable for the actions or inactions of a User (Medical Practitioner User or Normal User) in relation to your activities under such relationship. You shall have the sole responsibility for any obligations or liabilities to the other party under such relationship;
- • where you are the Medical Practitioner User, you are solely responsible and liable for your compliance with any and all relevant legislation, including, without limitation, the National Health Act, Health Professions Act and any and all Regulations applicable to the aforesaid;
- • we may release whatever information you have submitted to us to perform under these Terms of Service, subject to any applicable provisions of the POPI Act; and
- • You are solely responsible for taking such precautions as may be reasonable and proper in the relationship between you as Medical Practitioner User or Normal User.
- • All obligations under the agreement entered into between the Normal User and Medical Practitioner User for the provision of the Medical Practitioner Services (including all payment obligations) are obligations directly between such Users and are not made by and do not legally bind Us. It is Your responsibility to review such agreement in advance to determine whether it is suitable for Your purpose. The agreement between the Normal User and Medical Practitioner User for the provision of the Medical Practitioner Services is to be used at Your own risk and expense.
- • You acknowledge and agree that, as a Normal User, You may be required by a Medical Practitioner User to enter into one or more separate agreements, waivers or terms and conditions prior to acceptance of the Medical Practitioner Services.
AMENDMENT TO THESE TERMS OF SERVICE
- • We may amend the Terms of Service related to the Services from time to time. Amendments will be effective at such moment as they are uploaded to the site. Your continued use of the Services after such updated Terms of Service has been uploaded constitutes your consent to be bound by the Terms of Service.
SERVICES: RIGHTS AND RESTRICTIONS
- • Subject to these Terms, we hereby grant You a non-exclusive, non-transferrable, non-assignable and non-sub-licensable license to use our Services for the purposes of:
- • in the case of a Normal User, finding a suitable Medical Practitioner User to assist you with any medical advices and treatment you may require; or
- • in the case of a Medical Practitioner User, making available the Medical Practitioner Services by way of our platform to Normal Users. In the case of Medical Practitioner Users, the Services may only be utilised to make your services known and available to Normal Users.
- • You agree to comply with all applicable laws, including, in the case of Medical Practitioner Users, all medical professions legislation, when using the Services and You may only use the Services for lawful purposes.
- • You will not in Your use of the Services cause nuisance, annoyance, inconvenience, or property damage.
- • The rights provided under this paragraph 5 are granted to You only and shall not be considered granted to any subsidiary or holding company in instances where You represent a juristic person.
- • THE SOLE PURPOSE OF OUR SERVICES IS TO BRING NORMAL USERS AND MEDICAL PRACTITIONER USERS TOGETHER (ON DEMAND LEAD GENERATOR). YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROVIDE MEDICAL AND RELATED SERVICES TO NORMAL USERS AND THAT WE ARE A TECHNOLOGY SERVICE PROVIDER THAT, BY WAY OF OUR SERVICES, INTRODUCES NORMAL USERS AND MEDICAL PRACTITIONER USERS TO ONE ANOTHER.
YOUR USER ACCOUNT
- • In order to use our Services, You must register and maintain an active personal User Account.
- • You must be 18 years or older to obtain a User Account.
- • User Account registration requires You to submit to us certain information. You agree:
- • to maintain accurate, complete, and up-to-date information in Your User Account;
- • that Your failure to maintain accurate, complete, and up-to-date User Account information, may result in Your inability to access and use the Services or result in our termination of this Agreement with You; and
- • Submission of Your information as per the registration form does not automatically give You the right to access the Services. We have the right not to grant You access to a User Account or to revoke such right and disable any user identification code, whether chosen by You or allocated by Us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these Terms of Service.
- • On acceptance of Your registration information, You will be allowed to select, or be provided with, the necessary access credentials or any other piece of information as part of our security procedures. You agree to treat such information as confidential and shall not disclose such information to any third party. TAKE NOTICE: full utilisation of the Services may be subject to further verification (see paragraph 6.6 below).
- • Verification information: In certain instances, You may be asked to provide additional information to access or use the Services. The additional information shall only be utilised to verify Your identity, banking, profession code and/or medical aid details. You agree that You may be denied access to or use of the Services or part thereof if You refuse to provide the requested information.
- • You are responsible for all activity that occurs under Your User Account, and You agree to maintain the security and secrecy of Your User Account details at all times. You may only possess one User Account and may not assign or transfer same without our express consent.
- • You may not authorize third parties to use Your User Account. Where a User Account has been activated for a juristic person, or medical practice (if applicable), it will be the latter, and all its directors or members responsibility, to secure the User Account password/identity code and will accordingly be liable for any actions or omissions of any third party that You have access to the User Account.
- • If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify us immediately at: email@example.com .
- • You will (at all times) comply with the Acceptable Use Policy in relation to any User Content that may be uploaded to the Website via Your User Account.
- • We undertake that the Services will be performed with reasonable skill and care.
- • The undertaking at paragraph 7.1 above shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than us or our duly authorised contractors or agents or internet/communication problems beyond our control. If the Services do not conform to the foregoing undertaking, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide You with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes Your sole and exclusive remedy for any breach of the undertaking set out in paragraph 7.1 above.
- • Standard Support Services: We will, as part of the Services and at no additional cost to You, provide You with our Standard Support Services during Normal Business Hours in effect at the time that the Services are provided. We may amend the Standard Support Services in our sole and absolute discretion from time to time. You may acquire enhanced support services separately at our then current rates. Click here for more details.
- • Maintenance: We will use commercially reasonable endeavours to ensure that the Services are available 24 hours a day, 7 days a week, except for:
- • planned maintenance carried out during the maintenance window of 22:00 and 06:00; and
- • unscheduled maintenance performed outside Normal Business Hours, provided that we have used reasonable endeavours to give prior notice to You.
- • Take note: All technical support for our Services shall be referred to us and managed in terms of the Standard Support Services.
- • Modification/Changes to the Services: From time to time we may modify the Services by issuing updates and make new features, functionality, applications or tools available in respect of the Services, which use may be subject to Your acceptance of further terms and conditions and shall give You prompt written notice of material modifications to the Services and any such new features, functionality, applications or tools.
PROCESSING OF PERSONAL INFORMATION
- • Take note – Medical Practitioner User access to Normal User’s Personal Information:
- • The Medical Practitioner User will only have access to a Normal User’s Personal Information subsequent to such Normal User’s engagement with the Medical Practitioner, which may be given through the simple click of a button by the Normal User;
- • On receipt of Your Personal Information by the Medical Practitioner User via our Services for purposes of the delivery of the Medical Practitioner Services, the Medical Practitioner User shall act as a Responsible Party and comply with the POPI Act accordingly;
- • Except for the above, we have no control over the processing of Personal Information by the Medical Practitioner User of a Normal User’s Personal Information and as a result, You hereby indemnify us against all expenses, damages and liabilities as a result of actions or omissions of the Medical Practitioner User that may result in the infringement of Your privacy, including Your Personal Information.
SERVICE FEES AND PAYMENT
- • Charges & Service Fees: For the use of our Services You agree to the Service Fees applicable on date of agreeing to these Terms of Services (click here for Service Fees).
- • Medical Practitioner Service Fees:
- • We will only provide You with Medical Practitioner Services information and do not present Medical Practitioner Service Fees.
- • Medical Practitioner Service Fees will be presented to You during the Consultation Booking Process directly with the Medical Practitioner User. The Medical Practitioner User shall be responsible to ensure that all pricing for Medical Practitioner Services are accurate and correct.
- • VAT: All Service Fees and/or costs quoted by Us shall be inclusive of all applicable taxes but excluding VAT, which shall be shown clearly and separately to the agreed Fees in terms of the Service. Taxes or other charges, including, but not limited to, transfer fees, bank charges, local taxes and value added taxes in other jurisdictions shall not be deducted from the payments due to us but shall be paid in addition to the fees due to us.
- • Instances where there is an error in the quoted Medical Practitioner Service Fees. It is always possible that, despite the Medical Practitioner User’s best efforts, the Medical Practitioner Services may be incorrectly priced. We will encourage the Medical Practitioner User to check the pricing before confirming any consultations. If a consultation is booked where a Medical Practitioner User fees error is obvious and unmistakable and could reasonably have been recognised by the Consumer (Normal User) as a mispricing, the Medical Practitioner User may end the contract and refund the Consumer (Normal User) any sums the Consumer (Normal User) has paid.
- • Payment & Receipts: All Service Fees shall be paid in advance to us by Electronic Funds Transfer or by Debit Order arrangement between us and You.
- • We reserve the right to establish, remove and/or revise Service Fees at any time in our sole discretion, however this will not affect those transactions where the fees have already been paid, unless otherwise agreed to under these Terms of Service.
DELIVERY OF MEDICAL PRACTITIONER SERVICES
- • The delivery of the Medical Practitioner Services shall be governed by an agreement concluded between a Normal User and a Medical Practitioner User.
- • If the delivery of the Medical Practitioner Services is delayed by an event outside our control in terms of our Services, we will endeavour, however not be obliged, to contact You as soon as possible to let You know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by such an event, but if there is a risk of substantial delay You may contact us to address it directly with the Normal User or Medical Practitioner User, whichever is applicable.
DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY
- • IN ADDITION, OUR SERVICES MAY BE USED BY YOU (AS A NORMAL USER TO SELECT AND ACQUIRE MEDICAL PRACTITIONER SERVICES FROM A MEDICAL PRACTITIONER USER. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE AVAILABILITY, PROVISION OF MEDICAL PRACTITIONER SERVICES AND/OR TREATMENT PRESCRIBED BY THE MEDICAL PRACTITIONER USER AS AGREED TO BETWEEN YOU AND SUCH MEDICAL PRACTITIONER USER OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. SIMILARLY, IN THE CASE WHERE A NORMAL USER FAILS TO MAKE DUE AND TIMEOUS PAYMENT TO YOU (AS MEDICAL PRACTITIONER USER) OF ANY MEDICAL PRACTITIONER SERVICES RENDERED, YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY IN RESPECT OF THE SETTLEMENT OF SUCH OUTSTANDING ACCOUNTS, WHETHER PAYABLE IN CASH OR BY WAY OF A CLAIM THROUGH MEDICAL AID SERVICE PROVIDERS.
- • You agree to indemnify and hold us and our directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney own client fees), arising out of or in connection with:
- • Your use of the Medical Practitioner Services obtained through Your use, as a Normal User, of our Services;
- • Your breach or violation of any of these Terms of Service; or
- • Your violation of the rights of any third party, including other Normal Users and/or Medical Practitioner Users.
- • WE WILL NOT BE LIABLE TO YOU FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF THE SERVICES IF AND TO THE EXTENT THAT SUCH DEFAULT OR DELAY IS CAUSED BY ANY ACT OF GOD, WAR OR CIVIL DISTURBANCE, LABOUR UNREST, COURT ORDER, OR ANY OTHER CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL INCLUDING FLUCTUATIONS IN COMMUNICATIONS OR UTILITY SERVICES ("FORCE MAJEURE") AND PROVIDED WE ARE WITHOUT FAULT IN CAUSING SUCH DEFAULT OR DELAY, AND SUCH DEFAULT OR DELAY COULD NOT HAVE BEEN PREVENTED BY THE US THROUGH THE USE OF ALTERNATIVE SOURCES, WORKAROUND PLANS OR OTHER MEANS.
- • You hereby represent and warrant that:
- • You have full power and authority to enter into this Agreement and perform Your obligations hereunder; and
- • You will comply with all applicable laws and legislation in Your performance of this Agreement.
- • WE DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICES MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g. DUE TO EMERGENCY- OR SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
- • By creating a User Account, You agree that we may send You information via Your preferred selected communication option as part of the normal business operation of Your use of the Services. You may opt-out of receiving such electronic communications by either:
- • unsubscribing from the electronic communication as per the available functionality; or
- • email us at firstname.lastname@example.org.
- • Take note, that unsubscribing from electronic communications from us to You may result in certain functions of the Services not working.
SUSPENSION AND TERMINATION OF OUR SERVICES
- • Termination by You:
- • You may terminate the Services at any time by cancelling your account as per the option available on your User Account page;
- • If a Normal User cancels his/her Account, all outstanding amounts payable to the Medical Practitioner User shall be settled in terms of the agreement concluded between the Normal User and Medical Practitioner User. We shall not be liable for any failure by the Normal User to settle his/her account and the Medical Practitioner User shall reserve the right to take further legal action of outstanding accounts;
- • If a Medical Practitioner User cancels his/her Account, the Medical Practitioner User shall render all Medical Practitioner Services already paid for in terms of the Agreement between the Normal User and Medical Practitioner User. We shall not be liable for any failure by the Medical Practitioner User to render the Medical Practitioner Services already paid for in full by the Normal User and the Normal User shall reserve the right to take further legal action of any outstanding Medical Practitioner Services;
- • If You wish to remove all your personal information from our Services you may do so by emailing Us at email@example.com. On receipt of your notice and confirmation that no Charges are outstanding, we will terminate this Agreement and remove your personal information within a reasonable time.
- • Suspension, deactivation and/or termination by Us:
- • Without limiting our rights specified below, We may terminate these Terms of Services for convenience at any time by giving you 30 (thirty) days’ notice by email;
- • We may immediately, without notice, terminate these Terms of Services if:
- • You have materially breached your obligations under these Terms of Services or any other terms and conditions or policies incorporated by reference; or
- • You have violated applicable laws, regulations or third party rights; or
- • We, in the spirit of good faith, believe that such action is reasonably necessary to protect Our personal safety or property, those of our Users, directors, employees or third parties;
- • In addition, We may take any of the following measures, including:
- • to comply with all applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or
- • if you have breached these Terms of Services, other terms and conditions or policies incorporated by reference of these Terms, applicable laws, regulations or third party rights; or
- • you have provided inaccurate, fraudulent, outdated or incomplete information during the User Account registration; or
- • you have repeatedly received poor reviews or we otherwise became aware of or have received complaints about Your performance or conduct; or
- • you have repeatedly cancelled Confirmed Consultations or failed to respond to consultation requests without a valid reason; or
- • We, in the spirit of good faith, believe that such action is reasonably necessary to protect Our personal safety or property, those of our Users, directors, employees or third parties, or to prevent fraud or other illegal activities, including:
- • refuse to surface, delete or postpone any consultation or reviews;
- • cancel any pending or Confirmed Consultations;
- • limit your access to use of our Services;
- • temporarily or permanently revoke any special status associated with Your User Account; or
- • temporarily or in the case of severe or repeated offenses, permanently suspend Your User Account.
- • In case of non-material breaches and where appropriate, You will be given notice of any intended measure by us and an opportunity to resolve the issue to Our reasonable satisfaction.
- • Consequences of termination:
- • Termination of the Terms of Services will not affect any agreement in place at the time of termination hereof between a Normal User and Medical Practitioner User.
- Any dispute arising from the provision of our Services shall be subject to the following dispute resolution procedures:
- • Informal dispute resolution: If there is any dispute we (You and us) will first attempt to resolve the dispute informally. You are required to first make contact with our service manager at firstname.lastname@example.org. You will then be given an opportunity to first discuss the problem/dispute with the service manager. The dispute must be submitted within 10 (ten) days from you becoming aware of the issue/problem. If the dispute cannot be resolved within 10 (ten) days of the dispute having been referred to the service manager, the dispute will be handled as set out below.
- • Institution of Formal Proceedings: Subject to the provisions of paragraphs 15.1 above and 15.7 below, the parties agree that either party may elect to refer any dispute which may arise to either the High Court of South Africa or to arbitration proceedings as contemplated in paragraph 15.3 below. Upon election by a party initiating the relevant dispute proceedings, the other party will be bound by such election for the purposes of the dispute in question.
- • Arbitration: If the parties are unable to resolve any dispute informally and either party has elected to commence arbitration proceedings to resolve the dispute in terms of paragraph 15.2 above, then such dispute shall on written demand by the electing party be submitted to arbitration at the Arbitration Foundation of Southern Africa in Cape Town. Either party may elect to participate in the arbitration in person, by phone, video conference or by submission of documents.
- • Status of arbitration ruling: The decision of the arbitrator shall be binding on the parties to the arbitration after the expiry of the period of 20 (twenty) days from the date of the arbitrator's ruling if no appeal has been lodged by any party or upon the issue of determination by the appeal panel, as the case may be. A decision, which becomes final and binding in terms of this paragraph 15.4, may be made an order of court at the instance of any party to the arbitration. The parties agree to keep the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
- • Rapid resolution of disputes: The parties shall use commercially reasonable efforts to resolve disputes arising as rapidly as possible.
- • Confidentiality: All disputes will be dealt with in confidentiality to protect the reputation of the parties.
- • Excluded relief: This paragraph 15 shall not preclude either party from seeking urgent or interim relief from the High Court of South Africa or any other competent organs of state created for the specific purpose of regulating the business or industry activities in which the parties are engaged including forums available to You.
- • Agreed Jurisdiction: The parties hereby consent to the jurisdiction of the High Court of South Africa, Western Cape Division (Cape Town) in respect of proceedings referred to in paragraph 15.2 above.
- • The Entire Agreement: These Terms of Service expressly supersede prior agreements, arrangements or representations with You, except for those terms and conditions that are incorporated by reference to these Terms of Service.
- • Assignment: You may not assign these Terms of Service without our prior written approval. We may assign these Terms of Service without Your consent to:
- • a subsidiary or affiliate;
- • an acquirer of our equity, business or assets; or
- • a successor by merger.
- • Any purported assignment in violation of this section shall be void.
- • Third Party beneficiary. Except as specifically stated in these Terms of Service (i.e. in the case of a Service Provider), no other Party has any rights under this Agreement. This Agreement is between You and Us. No other person shall have any rights to enforce any of its terms.
- • If a court finds part of these Terms of Service/Agreement unenforceable, the remainder thereof will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- • Even if we delay in enforcing these Terms of Service/Agreement, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these terms, or if we delay in taking steps against You in respect of Your non-adherence or breach of these terms, such action will not exempt You from any obligations herein and it will not prevent us from taking steps against You at a later stage.
- • Confirmed Consultation means an instance where a Normal User has requested a consultation with a Medical Practitioner User and such Medical Practitioner User has confirmed in writing the date and time of the consultation;
- • Consultation Booking Process means the process where the Normal User, by way of our Website, engages with a Medical Practitioner User to confirm and book a consultation;
- • Consumer shall have the same meaning attributed to it under the CPA;
- • CPA means the Consumer Protection Act, Act 68 of 2008;
- • Data means all data related to the access and use of our Services hereunder, including User data;
- • Data Message shall have the same meaning attributed to it under the ECT Act;
- Ω• ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002;
- • Health Professions Act means the Health Professions Act, Act 56 of 1974, as amended, and any regulations applicable in respect of such act;
- • Medical Practitioner Service Fees means the fees charged by the Medical Practitioner User in respect of the Medical Practitioner Services;
- • Medical Practitioner Services means the services to be provided by the Medical Practitioner User to the Normal User, by way of our Services, which may include, without
- • limitation, medical consulting and advisory services, medical treatment services, and all services ancillary to the aforesaid;
- • Medical Practitioner User means a User whom has registered by way of a User Account as a Medical Practitioner User and is desirous to provide Medical Practitioner Services;
- • National Health Act means the National Health Act, Act 61 of 2003, as amended, and any regulations applicable in respect of such act;
- • Normal Business Hours means 08:00 – 17:00, Monday to Friday, excluding public holidays, Saturdays and Sundays;
- • Normal User means a User whom has registered by way of a User Account as a Normal User and is desirous to make use of the Medical Practitioner Services offered by
- • Medical Practitioner Users;
- • Parties mean You and us and Party shall mean any one of us as the context may indicate;
- • 8 Personal Information shall have the same meaning attributed to it under the POPI Act;
- • POPI Act means the Protection of Personal Information Act, Act 4 of 2013;
- • Responsible Party shall have the same meaning attributed to it in terms of the POPI Act;
- • Service Fees means the fees charged by Us for the provision and delivery of the Services;
- • Services means the services provided by us which includes, without limitation, the provision of an online platform, where Medical Practitioner Users may make available to Normal Users the Medical Practitioner Services and where Normal Users may make use of such Medical Practitioner Services;
- • Standard Support Services means the service levels provided by us to You in case of any troubleshooting, queries or ancillary requests, which may directed to us via our contact page;
- • User/You means users of our site including both Normal Users and Medical Practitioner Users;
- • User Account means Your User account created on our Website to access our Services, which user account shall be password protected;
- • VAT means Value Added Tax in terms of the VAT Act;
- • VAT Act means the Value Added Tax Act, Act 89 of 1981, as amended; and
- • Website means our website at www.udok.co.za
- • Udok shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
PAYMENT OPTIONS ACCEPTED
- Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Udok bank account, the details of which will be provided on request.
CARD ACQUIRING AND SECURITY
- Card transactions will be acquired for Udok via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
- Customer details will be stored by Udok separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
- Udok takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
COUNTRY OF DOMICILE
- This website is governed by the laws of South Africa and Udok chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Block B3, Polo Office.
- Udok may, in its sole discretion, change this agreement or any part thereof at any time without notice.
- This website is run by Udok (pty) ltd (sole trader / private company / close corporation) based in South Africa trading as Udok and with registration number 2017/254421/07 and Petrus van Niekerk (Director(s)/Member(s)/Owner(s)).