This is an online mobile medical assistant with our Medical Practitioners who will be available at your services 24/7 for any of your health and medical enquires. Our Medical Practitioner will give medical assistance, give scripts up to schedule 4 of the Medicines and Related Substances Control Act No. 101 of 1965, and can make referrals to other General Practitioners or any specialized Physicians depending on the disease or injuries that the member would have experienced.
In order for one to become a member and enjoy our benefits and services, one must register with us on our website (http://www.dr-doctor.co.za). Furthermore in order for one to qualify as a member, he/she must be 18 years of age or above, the person must be in a legal state of mind to make his/her own decisions. The member will pay a subscription fee of R6 per day which will cover the member and the member's minor children for any online mobile medical assistance and legal assistance.
NB: The subscription fee will not cover the member's spouse for medical assistance. It only covers the subscribed number. In the event that Doctor-Doctor finds out that the member is using the product for 3rd parties, Doctor-Doctor is entitled to;
Cancel or terminate this agreement and the benefits of the member will be suspended
Cancel or terminate this Agreement without any reason or recourse to itself, by giving the subscriber 30 Calendar days written notice in that regard.
By keeping the subscription fee up to date, the member will get 2 (two) free SMS's per day which they can use to send a message for any emergency medical assistance required. The SMS's will lapse after 24 hours and cannot be accumulated to the following day or used for future. The emergency medical assistance includes but not limited to, an emergency vehicle be it an ambulance or a helicopter and paramedics to give medical care on the scene.
In the event that our member fails to keep their subscription fee of R3 per day up to date for whatever reason, the member will not benefit from our free SMS's for emergency medical assistance and they will be deactivated from our system.
Our members are welcome to send pictures/images/snapshot to our Medical Practitioner regarding their injuries or diseases that they have enquiries on. Our Medical Practitioner can give advice on the medication to be taken and write prescriptions for the member only up to schedule 4 transcripts of the Medicines and Related Substances Control Act No. 101 of 1965. The prescriptions for medicines can be at either Clicks or Dis-Chem Pharmacy's. Furthermore the Medical Practitioner can make referrals to other General Practitioners or Specialized Physicians for the member to the treated if need arises.
In order for our clients to have access to medical advice/assistance, they have a cooling off period of 30 days. After subscription the client has 30 days of 100% collection billing in order to qualify for medical assistance, during the cooling off period the client can have access to legal assistance only.
Our Services offers a 24/7 medical assistance to our members. Our Medical Practitioner will be available to assist you from;
|Working days||Time||Medical Practitioner|
|Monday - Sunday||08:00 - 18:00||General Practitioners|
|Monday - Sunday||18:00 - 08:00||Registered Nurse|
We will use our reasonable efforts and skills to maintain the website. The website is subject to change from time to time. No one will be eligible for any compensation should the use of any part of the website be affected in anyway and or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control. We may:
modify or withdraw, temporarily or permanently, the website (or any part of it) with or without notice to you and you agree that we will not be liable to you or any third party for any modification to or withdrawal of the website; and
change these terms from time to time with or without notice to you, and your continued use of the website (or any part of it) following such change will be deemed to be your acceptance of the change.
We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the website. We may investigate any reported violation of these terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, or the removal of any materials from the website. We will in our sole discretion terminate our services and unsubscribe any user where we see fit due to misconduct and misuse of this our website.
The Terms will be exclusively governed by and construed in accordance with the laws of the Republic of South Africa whose courts will have exclusive jurisdiction in any dispute.
By visiting our website or send e-mails to us, you are communicating with us electronically. Your use of the website will be deemed your consent to receive communications from us electronically which will allow us to communicate with you via e-mail, SMS or any other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
All content included on the website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected by international intellectual property laws. All software used on the website is our property or that of our software suppliers and is protected by international intellectual property laws.
The registered and unregistered trademarks, names, logos and service marks displayed on the website belong to us. Nothing contained on the website, except as expressly stated in these terms, will be construed by you as the granting of any license or right to use any trademark without our prior written permission. All rights in and to the content and trademarks are reserved and retained by us or our content suppliers. You further acknowledge that we, or our content suppliers, are the proprietors of all the content and trademarks on the website, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, AND/OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEWILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO EXPRESS NOR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE. IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, OR OUR SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE). OUR LIABILITY OF AND THAT OF OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R500.00.
We grant you a limited license to access the website. This license does not permit any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Access to the content on or through the service and the Website itself are classified as "electronic transactions" in terms of the Electronic Communications and Transactions Act (No. 25 of 2002), as amended from time to time ("ECT Act"), and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to disclose the following information:
Our full name and legal status: Masada Technology (Pty) Ltd
Street address: C2 Northgate Park, 168886 Section Street, Brooklyn, Cape Town
Postal address: C2 Northgate Park, 168886 Section Street, Brooklyn, Cape Town
Physical address for receipt of legal service: C2 Northgate Park, 168886 Section Street, Brooklyn, Cape Town
Main business: Direct Marketing
Website address: http://www.dr-doctor.co.za
Official email address: email@example.com
Membership of self-regulatory or accreditation bodies: DMA
Manual in terms of the Promotion of Access to Information Act 2 of 2000:
Management: Juan Swanepoel
Costs associated with the access to and use of the service: There are no costs associated with accessing the Service
Dispute resolution: No specific dispute resolution process
Complaints process: If you have any complaints or would like more information please mail firstname.lastname@example.org
If you have any questions about this Policy or do not agree with it, please contact us by clicking here before using the Service. We may change this Policy from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes.
By accessing any part of the Service or providing information to us you consent to the use and transfer of such information by us on the terms set out in this Policy.
This Policy contains a number of words and phrases which have specific meanings and most of which are capitalised. Our Glossary contains these words and phrases.
We also apply certain rules when interpreting these Terms and you can find our Interpretation Guide which set out these rules below.
You may not use the Service and may not accept this Policy if you
lack the legal capacity to enter into a binding contract
are a person who is not permitted to access or use this service under the laws of the country in which you are resident or from which you access the service; or
require the consent of a guardian or parent to competently agree to this Policy and have failed to obtain that consent.
By using the service and/or content made available to through the service you represent and warrant that you are of full legal age, or are emancipated or have your guardian's consent to enter into a contract being this Policy.
The following information can be required:
Any information which you are asked for when registering to use or when otherwise using the service;
Your name and contact information, including email address and location;
Identifiers such as your identity number or passport number;
Information relating to your use of our customers' products and services;
Indications that you have opted-in to receive communications;
Information regarding your personal or professional interests, demographics, income, age, location, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services.
By using the service and/or content made available to through the service you represent and warrant that you are of full legal age, or are emancipated or have your guardian's consent to enter into a contract being this Policy.
We may intercept and monitor your communications
We may implement systems designed to intercept and monitor your communications with us, to the extent permissible by law, in which case you consent to such interception and monitoring.
As part of this process of intercepting and monitoring these communications, we may record such communications for disclosure on the basis set out in this Policy.
When you use our service, doctor–doctor automatically receives and records information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested.
Doctor-Doctor will use this data in aggregate form and may provide this aggregate information to our customers about how our users like you, collectively, use the service, so that our customers may also understand how you make use of the service.
By using our website and register you agree to allow us to collect further information about you from external sources, including credit bureaus and our affiliates for the sole purpose of ensuring that our data is accurate and up to date.
The Protection of Personal Information Act ("POPI") requires that we provide certain information when we collect your data. As far as possible we have attempted to do this, but you consent to allow us to collect your information even if we do not fully comply with s18 (1) of POPI.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
The services we use make use of relatively secure data transmission and storage technologies to reasonably protect your personal information from unauthorised disclosure and maintain your personal information's integrity.
These services are essential services that enable us to operate efficiently and effectively. Please let us know if you object to us incorporating these services into our service model. In the event you prefer us not to make use of these services, we may not be able to make the service available to you.
We may link to other services which are not within our control. Once you have left our service, we cannot be responsible for the protection and privacy of any personal information which you provide. You should exercise caution and look at the privacy statement applicable to the service in question.
We use this information to provide you with a better service, and in particular for the following reasons:
Providing information about goods and/or services you have requested and notifying you about important changes or developments to these goods and/or services;
To follow up as part of our customer care procedures;
Updating our records about you;
Internal record keeping;
To improve our products and services;
Crime detection prevention and prosecution;
Competitions and other promotions;
Evaluating the effectiveness of our marketing and for research, training and statistical analysis with the aim of improving our services;
Making our Service easier for you to use and providing you with access to certain parts of the Service; and
To contact you for market research purposes.
At the time you provide us with any information in response to a request from us, our request will provide you with specific information as to how we will use such information.
Other than for the direct marketing purposes referred to below, we may contact you by e-mail, phone, fax or mail in relation to the purposes set out in this section and by providing such information you are deemed to have agreed to us contacting you by these methods of communication. We will continue to contact you by way of such methods until you advise us in writing you no longer wish to be contacted by certain methods. Please note you are required to accept at least one of the above methods as your chosen method of receipt of communication from us.
We will not pass your details to anyone else (other than on the basis set out below and in accordance with appropriate disclosure requirements we may be subject to).
We would like to provide you with information about new products, promotions, special offers and other information, which we think you may find interesting. You agree and consent that we may send you such information by email, post or telephone where you have opted to receive such marketing materials and have indicated to us how you wish to receive such marketing material when you registered for our services. You may opt-out of our direct marketing campaigns at any time, at which point we will not send you any direct marketing.
If we are providing you with services you will also be subject to the specific terms and conditions relating to the product or services you are being provided with and these terms will include additional information as to how we may contact you.
If you are a new client or you have previously asked us for information on our products, we may send you information on our range of products by email where we have your permission to do so.
If the reason you have given us personal information is to receive email information from us, we will continue to provide this information by email unless you ask us not to do so.
We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than on the following basis:
Where we have your permission;
Where we are required to do so by law;
Where it is needed by our agents, advisors or others involved in running accounts and services for you or in undertaking activities linked to the operation of such services or accounts on our behalf; or
Where the transfer or disclosure would otherwise be in compliance with legal requirements we are subject to including, but not limited to, statute or regulation.
If you think any information we have about you is incorrect or incomplete, please contact us, in writing, as soon as possible. We will correct or update any information as soon as possible.
You agree to allow us to keep your personal information after we have finished processing it for its original purpose. You also agree that we can further process your personal information in the future without needing to notify you. You can ask us to delete any information we have of you by making a request in writing.
We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive license to access our Content on the service. This license is for the limited purpose of enabling you to use the service, in the manner permitted by this Policy and the service's functionality. In the event we revoke this license, you may no longer access the Service or make any use of our Content.
You acknowledge that you do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.
This Policy contains provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement with this Policy.
The use of and reliance through our service is entirely at your own risk. The service is provided "As Is" and "As Available". To the fullest extent permissible by law, we disclaim all warranties of any kind, whether expressed or implied.
While we take reasonable precautions in our operation of the service, you agree that we shall not be liable in respect of any Losses however arising and whatever the cause. "Losses" means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties)
We will use reasonable endeavours to make the Service available to you, and keep the Service available to you at the appropriate times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your access to the service (either in part or as a whole) for any reason whatever.
Doctor-Doctor has no and will not have any liability to the Subscriber, as the case may be, including but not limited to any member of his or her household or any third party or other Person as a result of or in connection with electronic messaging (save as may result from Doctor-Doctor's gross negligence) whether by Doctor-Doctor, by Subscriber and or , as the case may be, or by a third party or other Person, using any Selected Service and/or Selected Product, as the case may be.
The Subscriber and/or Purchaser, as the case may be, hereby indemnifies and holds Doctor-Doctor harmless against any loss or harm that the Subscriber, as the case may be, including but not limited to any member of his or her household or any third party or other Person, may suffer or incur as a result of any such communications, hereby waiving all and/or any rights and/or claims of whatsoever nature in that regard.
Your use of those 3rd Party goods and/or services which you may link to or access through your use of the service may be subject to this Policy and/or the terms and conditions applicable to those 3rd party goods and/or services. You agree that it remains your obligation to familiarise yourself with 3rd Parties' terms and conditions and to comply with both them and this Policy. In the event there is a conflict between this Policy and 3rd Party's terms and conditions, this Policy shall prevail to the extent of the conflict for the purposes of your service use.
Links to and from the service from and to 3rd Party services or websites does not constitute Doctor-Doctor's endorsement of these 3rd Party services or websites or their contents, nor does Doctor-Doctor necessarily associate itself with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with 3rd parties operating the 3rd Party services or websites.
Doctor-Doctor has no control over 3rd Party services or websites and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party websites or for any losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party services or websites. You agree that where you access 3rd Party services or websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with 3rd parties which are referred to or linked from or to the service is similarly entirely at your own risk and are solely between you and that 3rd Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
Subject to the provisions of the Consumer Protection Act (to the extent and where applicable), Doctor-Doctor will use its reasonable endeavours to make its services and products available to the Subscriber, as the case may be, and to maintain the availability thereof for use by him or her, on the understanding that such services and/or products are provided on an "as is" and "as available" basis; and
Doctor-Doctor cannot and does not, directly or indirectly, impliedly or otherwise, represent, warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose.
The Subscriber, hereby consents, authorises and instructs Doctor-Doctor to send electronic messages to his or her electronic messaging media (including but not limited to his or her personal computer and/or mobile or cellular phone) at any of the electronic mail addresses and contact details supplied by the Subscriber as the case may be, who will be entitled but not be obliged, to:
Inform him or her of amendments to this Agreement and/or to any price change in respect of any service and/or
Furnish him or her with access to this Agreement; and/or
Communicate information to him or her regarding any account or records he or she has with Doctor-Doctor; and/or
Inform him or her of planned and unplanned interruptions to any service and/or
Inform him or her of new or available products and services; and/or
Inform him or her of promotions and special offers;
By entering into this Agreement the Subscriber, as the case may be, expressly gives and, to the extent applicable, is and will be deemed to have provided express permission for the collection, collation, processing, receipt, storage, recording, updating, modifying, retrieval, dissemination and distribution of his or her personal information for the purposes set out herein, which Doctor-Doctor is entitled, but not obliged to do.
Subject to all and/or any Laws to the contrary, the Subscriber, as the case may be, must and will:
Provide Doctor-Doctor with the personal and contact details and information as required by it in order to administer the Selected Service.
Inform Doctor-Doctor, in Writing within 7 (seven) Calendar Days of any change to any of the information provided by the Subscriber.
Subscribers are not allowed to send pictures of children regarding medical or healthcare enquiries. Subscribers are required describe such enquiries relating to children in as much detail as possible. This is done in order for us to be compliant with the Sexual Offences and Related Matters Amendment Act 32 of 2007.
The photo function does not prevent subscribers to send pictures of an adult medical or healthcare enquiry but only for children under the age of 16.
The service is controlled and maintained from our facilities in the Western Cape Province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the service and this Policy.
You consent to the jurisdiction of the Western Cape High Court, Cape Town, South Africa in respect of disputes which may arise out of your use of the service and this Policy.
You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.
We choose the addresses and other contact details specified in our ECT Act Disclosures section, below, for all communication purposes under this Policy, whether in respect of court process, notices or other documents or communications of whatsoever nature.
In this Policy, headings are for convenience and we don't intend for them to be used to interpret this Policy.
If, in this Policy, we refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then this Policy will also be applicable to and binding on that party's liquidator or trustee, as the case may be.
Unless we indicate to the contrary in this Policy, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When we specify any number of days in this Policy, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a "day" are references to typical business days.
All annexure, addendums and amendments to this Policy form an integral part of this Policy and, therefore, our contract with you.
Should any dispute arise between Doctor-Doctor and the subscriber and/or purchaser, as the case maybe from the terms of this agreement or any suspension or termination thereof, such dispute may be referred to arbitration by any one of the parties and failing agreement by the parties on an arbitrator, one will be appointed by the President of the time being of the Cape Law Society whose decision will be made final and binding on the parties. Such arbitration will be conducted as informally and as inexpensively as possible at any venue in Cape Town selected by the arbitrator and otherwise in accordance with the provisions of the Arbitration Act and the Rules of the Arbitration Foundation of Southern Africa.
For the purposes of enforcing any claim and /or order made by any arbitration award the parties, to the extent necessary and applicable to give effect to the aforementioned, hereby irrevocably submit to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town to apply for such an order to be enforced.
Should the subscriber as the case maybe;
fail to make any payment on the due date;
commit any other material breach of this agreement
Failure to remedy such breach within 7 calendar days of receipt of him/her of the written notice from Doctor-Doctor calling upon subscriber to remedy such breach, Doctor-Doctor is entitled to, but not limited without prejudice to any other rights it may have in Law in terms of this agreement.
The Subscriber, by means of Airtime Billing , hereby authorises Doctor-Doctor to deduct monies due by the Subscriber to Doctor-Doctor from his or her Airtime at any time between the 1st (first) and last Day of each Month, which may be made by means of multiple submissions as and when the Subscriber has Airtime available.
If in the extend the subscriber has subscribed for the selected services on and/or through Doctor-Doctor call centre, then in that event the following terms and conditions will apply.
The subscriber must pay for such selected service by:
means of a monthly debit orders
all subscription fees will be due and payable on the due dates therefore irrespective whether or not the selected services has been or is being utilised by the Subscriber and/or the user as the case maybe.
to the extent the subscriber wishes to make use of, and Doctor-Doctor in its discretion consent thereto, any extended payment method, such payments will be made on a continual commitment basis, meaning that the subscriber is committed for and to the full extent of the subscription period (unless otherwise agreed to it in writing in the discretion of Doctor-Doctor)
Notwithstanding any other terms, conditions and /or provision of this Agreement, Doctor-Doctor will be entitled but not obliged to;
means of a monthly debit orders
suspend the selected service, without any recourse to itself, pursuant to the force Majeure provisions herein contained and/or
suspend the selected service and or/ cancel or terminate this agreement, without any reason and recourse to itself, if and to the extent the subscriber fails, neglects and or refuses to make any payment timorously and or at all
cancel or terminate this agreement, without any reason and recourse to itself, by giving the subscriber 30 (thirty) day calendar notice in writing for the intention to terminate the services.
Nothing in this agreement will be deemed to constitute a partnership as between parties, nor constitute any party as an agent of the other party for any purpose whatsoever except as expressly provided for in this agreement.
If any of this provisions of this agreement is held to be invalid, illegal, contrary to the public policy or unenforceable by a Court of competent jurisdiction or arbitrator, the validity, legality and enforceability of the remaining provisions will in no way be effected or impaired thereby and this agreement will remain and be of full force and effect.
Any provision in this agreement which is or may become illegal, invalid or unenforceable will not be effective to the extent of such prohibition or unenforceability and will be treated as pro non scripto (meaning as though it has not been written) and severed from the balance of this agreement, without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of such provision.
Doctor-Doctor shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with, use of or reliance on, any information, products and/or services available on or through Doctor-Doctor and/or all those associated and/or affiliated with it, including the attending doctors. Accordingly, in consideration for the services so provided, you, the subscriber requesting the call back, hereby waive you or your family member's (including but not limited to that of you and your minor child's estate and/or any beneficiary there under) right to and actually bring any normal, reasonable and/or legally enforceable claim, action, proceeding, application and/or demand against Doctor-Doctor and/or all those associated and/or affiliated with it, including the attending doctors, for any and/or all claims, costs, damages and/or expenses or otherwise arising out of and/or suffered by you and/or your family member as a result or consequence of making use of these services or otherwise.
The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings:
"3rd Party" means a party other than the member, patient and or Doctor-Doctor
"Doctor-Doctor", "our", "us" and "we" means or are references to Masada Technologies (Pty) Limited a company incorporated in accordance with the laws of South Africa;
"Doctor-Doctor's Associates" means doctor-doctor officers, agents or contractors or other persons in respect of whose actions doctor-doctor may be held to be vicariously liable;
"member" means a natural person who contracts with Masada Technologies (Pty) Limited for the use of Doctor-Doctor services;
"Content" means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;
"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time as well as any regulations issued in terms of this Act);
"Act" means the Medicines and Related Substances Control Act No. 101 of 1965.
"Intellectual Property" means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;
"Intellectual Property Rights" means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
"Party" means either Doctor –Doctor, member or patient as the context may indicate ("Parties" has a corresponding meaning);
"Personal Information" bears the meaning contained in the Promotion of Access to Information Act (No. 2 of 2000), as amended from time to time;
"Service" means the services provided by Doctor-Doctor through which they market various products to users by means of SMS, email, automated voice messaging and online marketing;
"South African Law" means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;
"Terms" means the terms and conditions which govern use of the service, as amended from time to time;
A website (whether it be the website affiliated with doctor-doctor or a 3rd Party Website), means to visit, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
"User" means the end users to whom the products are marketed by Doctor-Doctor for the purpose of lead generation and marketing.
By clicking on the applicable button on any of Doctor-Doctor's electronic media channels and/or distribution channels, including but not limited to its websites, mobile sites, Facebook and/or other mobile applications with any of the mobile telecommunications network providers, you confirm that you, as the subscriber to the Subscription Services, have read, understood and agreed to both these and the Standard Subscription Terms and Conditions.