1.1. LifeDoc is owned by MediSwitch a division of Altron TMT (Pty) Ltd, an electronic data interchange business focused on the healthcare industry, duly registered in terms of the company laws of the Republic of South Africa, with registration no 1984/003805/07 and having its principal place of business at No 2 River Drive, Riverview Park, Janadel Avenue, MIDRAND, South Africa.
1.2. The LifeDoc web-based personal health record system (the "system") will collect, compile and store your health and wellness information in a structured, easily accessible format, which will enable you to access and if you wish, to selectively share this information with:
1.2.1. healthcare professionals who attend to your physical and mental wellbeing;
1.2.2. as well as any other associated user to whom you grant permission to view and update your LifeDoc record.
1.3. For purposes of these Terms and Conditions:
1.3.1. "member" is an individual who subscribes to utilise the PHR;
1.3.2. "PHR" means the personal health record of a member or a dependant of a member;
1.3.3. "associated user" is any person who is granted access by a member to that member's PHR or to the PHR of a dependant of that member;
1.3.4. "dependant" is a minor or an adult dependant whose guardian or curator is a member who subscribes to utilise the dependant's PHR for the dependant's benefit;
1.3.5. "healthcare professionals" include medical practitioners, specialists, pharmacists, and clinicians at hospitals, clinics and pathology laboratories, as well as radiologists, therapists and any other statutorily recognised providers of healthcare services;
1.3.6. "ICE information" means basic PHR information that may be crucial in case of an emergency;
1.3.7. "LifeDoc" allows you to have multiple dependants and associated users and to utilise all the LifeDoc features free of charge (a full explanation of the features available in LifeDoc is available on the LifeDoc website);
1.3.8. "services" means the services to be rendered by LifeDoc to members and dependants in terms of these Terms and Conditions.
2. BASIC RULES
2.1. The information stored in your PHR will include information captured by yourself and where applicable, added electronically from clinical information received by LifeDoc.
2.2. You will be able to access and update your PHR through web access to the system from any compatible internet enabled device using supported browsers or view your PHR in the LifeDoc website or mobile application.
2.3. You will be in full control of your PHR and will have the right:
2.3.1. to access and view records stored in your PHR;
2.3.2. to update and modify records captured by yourself in your PHR;
2.3.3. to classify records:
184.108.40.206. as "viewable", that is to say, records which you do not mind sharing with third parties generally; or
220.127.116.11. as "private", that is to say, records which you regard as highly confidential and do not wish to be disclosed.
2.3.4. to enable a healthcare professional to gain once-off access to your PHR; and
2.3.5. to grant an associated user by specific instructions to that effect on the website or mobile application:
18.104.22.168. the right to access and view your PHR; and
22.214.171.124. in addition, if you give specific instructions to that effect on the website or mobile application, the right to:
126.96.36.199.1. create new records, update and change records stored in your PHR;
188.8.131.52.2. enable a healthcare professional to gain access to your PHR; or
184.108.40.206.3. perform any other act with regard to your PHR which you may perform yourself, with the exception of making records viewable or private.
220.127.116.11. You may at any time revoke or limit all or any of the rights which you gave to an associated user in terms of clause 18.104.22.168 above by revising these rights on the website.
22.214.171.124. You may enable a healthcare professional to gain access to your viewable PHR records by means of a one-time pin ("OTP") provided by LifeDoc. The OTP is requested via the website or mobile application. The healthcare professional may then use the OTP to access your viewable PHR records on his or her internet ready device. An OTP can only be used once and is valid only for 24 hours after it has been issued.
126.96.36.199. Private PHR records will not be displayed to any healthcare professional or third party and will only become viewable to healthcare professionals or third parties if you reclassify the records as viewable.
2.5. LifeDoc will use its best efforts to prevent any unauthorised access to your PHR but does not give any warranty or guarantee, whether express or implied that such unauthorised access might not occur.
Your attention is specifically drawn to clause 2.5 above in compliance with the provisions of section 49(1) of the Consumer Protection Act 68 of 2008.
3. RECORDING OF INFORMATION ENTERED IN YOUR PHR
3.1. You will be able to add your own notes to entries in your PHR which are added electronically from clinical information received by LifeDoc to ensure that such records are complete.
3.2. All records entered in your PHR will be date and time stamped and will contain a source identifier. LifeDoc will keep a full audit trail of:
3.2.1. every addition and change made in your PHR;
3.2.2. the origin of the addition or change (source identifier);
3.2.3. the time and date of such addition or change; and
3.2.4. the records that were added or changed.
4. INCLUSION OF RELATIVES OR ASSOCIATES
4.1. Members may register dependants by giving appropriate instructions and entering the required information on the website.
4.2. Associated Users may grant access to the LifeDoc PHR to any LifeDoc member.
5. NO SUBSCRIPTION FEES
No subscription fees are payable for LifeDoc’s services.
These Terms and Conditions will remain in force indefinitely or may be terminated by LifeDoc on at least 30 (thirty) days' electronic notice to that effect.
7. ACCESS TO LIFEDOC IN CASE OF AN EMERGENCY
7.1. In case of an emergency, where your life or physical or mental wellbeing is seriously threatened and you are unconscious or unable to access your PHR or to give a healthcare professional access to your PHR, any healthcare professional may, for purposes of dealing with the emergency, override the security safeguards and, on the strength of your name, identity number or other identifying details recorded in your PHR, gain direct access to the ICE information stored in your PHR by means of any compatible internet enabled device using supported browsers.
7.2. In the case of such an emergency, in addition to the emergency contact details contained within your PHR, the member, if that is not you, will be informed electronically of the healthcare professional's accessing of your PHR.
8. DISCLAIMER AND INDEMNITY
8.1. You or your dependants will not have any claim against LifeDoc for damage or harm which any of you may suffer in consequence of your utilisation of LifeDoc's services, unless it should emerge that the damage or harm was caused by the negligence or wilful conduct of a person for whose conduct LifeDoc may be held liable vicariously.
8.2. You as member or associated user, herewith indemnify LifeDoc and shall hold LifeDoc harmless against any claim instituted against LifeDoc by a member or dependant for damage or harm which they may suffer in consequence of your involvement in their utilisation of LifeDoc's services, unless it should emerge that the negligence or wilful conduct of a person for whose conduct LifeDoc may be held vicariously liable was a contributory cause of the damage or harm, in which event, the provisions of the Apportionment of Damages Act 34 of 1956 will apply.
Your attention is specifically drawn to clause 8 above in compliance with the provisions of section 49(1) of the Consumer Protection Act 68 of 2008.
9. ORGAN OR BODY TISSUE DONATION
If you wish to make any of your organs or body tissue available for donation, please register as a donor with the Organ Donor Foundation on their website and record the details on the website for inclusion in your PHR.
10. INTELLECTUAL PROPERTY RIGHTS
LifeDoc retains ownership of all intellectual property rights in and to the software and concomitant documentation used in the provision of the services. By accepting these Terms and Conditions you undertake to keep the software and all related documents and all intellectual property associated with the provision of the services in strict confidence and not to remove or destroy any proprietary markings of LifeDoc.
11. DISPUTE RESOLUTION
In the event of any dispute or difference arising between yourself and LifeDoc relating to or arising out of these Terms and Conditions, which cannot be resolved with the assistance of the LifeDoc support team, a representative of LifeDoc will contact you in an attempt to settle such dispute or difference amicably. Failing such settlement within a period of 21 days, the dispute or difference will be referred to arbitration in terms of the rules of the Arbitration Foundation of South Africa.
12. AMENDMENT OF THESE TERMS AND CONDITIONS
12.1. It is foreseen that these Terms and Conditions will have to be amended from time to time as the LifeDoc services are further developed and enhanced.
12.2. You will be informed in advance of any projected amendments and will be required to indicate your acceptance of such amendments. Please inform LifeDoc without delay if you find the projected amendments unacceptable. If, in such event, consensus cannot be reached, either you or LifeDoc may terminate your membership.
13.2. In what follows the words "you" and "your" include:
13.2.1. you, if you are a member in your own right; and, depending on the context,
13.2.2. you or your dependant where you act on his or her behalf; or
13.2.3. you or a member or dependant to whose personal information you have access if you act as an associated user.
Protected personal information
13.3.1. your race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, medical history and blood type; as well as
13.3.2. any identifying number, symbol, or other particular assigned to you; as well as
13.3.3. your postal or physical address or details of any other means by which you can be contacted.
13.4. LifeDoc subscribes to the provisions laid down in section 51 of the Electronic Communications and Transactions Act 25 of 2002 with regard to the protection of your personal information. In what follows the wording of these provisions have been adapted and expanded to conform to your situation as a member or associated user. However, this is done without any intention of detracting from the full effect and import of the aforesaid section 51. The relevant principles are the following;
13.4.1. LifeDoc may use your personal information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to you by a third party.
13.4.2. LifeDoc will not disclose any of your personalised data to a third party, unless LifeDoc is required or permitted by law, or you specifically authorised LifeDoc, to do so as provided in the foregoing provisions of these Terms and Conditions;
13.4.3. Should LifeDoc be required to disclose any of your personal information that can be linked to you ("personalised data"):
188.8.131.52. LifeDoc must have your express permission which may be given by selecting an option to that effect on the website or mobile application;
184.108.40.206. LifeDoc will disclose in writing to you the specific purpose for which any personalised data is disclosed as is done in terms of these Terms and Conditions; and
220.127.116.11. LifeDoc will, for as long as your personalised data is used and for a period of at least one year thereafter, keep a record of:
18.104.22.168.1. the personalised data and the specific purpose for which the personalised data was collected; and
22.214.171.124.2. any third party to whom your personalised data was disclosed and of the date on which and the purpose for which it was disclosed.
13.4.4. LifeDoc will delete or destroy all your personalised information one year after your membership comes to an end.
13.4.5. LifeDoc will not disclose your personalised data which is not necessary for the lawful purpose for which the personalised data is required.
13.4.6. LifeDoc will not use your personalised data for any other purpose than the disclosed purpose without your express permission, unless LifeDoc is permitted or required to do so by law.
13.5. Specific rules with regard to the manner in which the aforesaid principles are applied by LifeDoc to protect your personal information are contained in clauses 2, 5.4 and 7 above.
Cookies and tracking technology
13.7. If you prefer not to receive cookies while browsing the website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence.
13.8. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of the website if you do so. In particular, you may be required to accept cookies in order to complete certain actions on the website.
13.9. LifeDoc will use its best efforts to prevent any unauthorised access to your PHR. Any access to your PHR using your password or an OTP requested using your password will be deemed to be authorised access.
13.10. Should your password become compromised, you shall change it immediately by way of the website or mobile application or by requesting assistance from the LifeDoc call centre.
13.11. You indemnify and shall hold LifeDoc and its employees or representatives harmless, from any claims, losses, damages and expenses caused by any unauthorised or fraudulent use of your password or other security mechanism.
13.12. You will, in so far as you will be using the Internet in your dealings with LifeDoc, bear all the risks involved in the use of Internet applications, including the risks of exposure of sensitive or confidential information to persons for whom it was not intended, hacking, viruses, exposure to contaminated files and objectionable material, spamming, electronic fraud and other security risks. LifeDoc shall not be liable for any intrusion or hack to your PHR nor for any unauthorised access to the personal information or data stored or communicated by you or any other person using the services of LifeDoc.
Your attention is specifically drawn to the contents of clauses 13.9 to 13.12 above in compliance with the provisions of section 49(1) of the Consumer Protection Act 68 of 2008.