TERMS & CONDITIONS AND TERMS OF USE
ACCEPTANCE OF DR-DOCTOR TERMS & CONDITIONS
INTERPRETATION OF THE TERMS

These Terms contain several words and phrases which have specific meanings and most of which are capitalised. Our Glossary contains these words and phrases.

GLOSSARY

The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings:

1. “3rd Party” means a party other than the member or “Dr-Doctor”
2. “Dr-Doctor”, “our”, “us” and “we” means or are references to MOBIVAS (Pty) Ltd a company incorporated in accordance with the laws of South Africa and Wholly Owned Subsidiary of the Ubuntu Group(Pty) Ltd;
3. “member”, “you” means a natural person who contracts with MOBIVAS (Pty) Ltd and its parent Group by way of subscription for the use of Dr-Doctor services;
4. “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;
5. “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);
6. “Act” means the Medicines and Related Substances Control Act No. 101 of 1965.
7. “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;
8. “Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
9. “Party” means either “Dr-Doctor”, member or subscriber as the context may indicate (“Parties” has a corresponding meaning);
10. “Personal Information” bears the meaning contained in the Promotion of Access to Information Act (No. 2 of 2000), as amended from time to time;
11. ”Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:
11.1. The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
11.2. Dissemination by means of transmission, distribution or making available in any other form; or
11.3. Merging, linking, as well as restriction, degradation, erasure, or destruction of information.
12. “Service” means the services provided by Dr-Doctor through which includes the marketing of various products and services to users by means of SMS, email, automated voice messaging and online marketing also set out in Annexure A hereto;
13. “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;
14. “Terms” means these terms and conditions which govern use of the service, as amended from time to time to be read with the Privacy Policy;
15. ”A website” (whether it be the website affiliated with Dr-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.
By clicking on the applicable button on any of “Dr-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 user to the Services, have read, understood, and agreed to these Terms.

ABOUT US

Dr-Doctor looks after your medical HEALTH by providing a medical information technology service application using multi-platform technologies to provide all subscribers with affordable, accessible and professional medical assistance at their fingertips in exchange for a monthly fee. Members can easily access the Service via mobile app, mobi-site or website. Dr-Doctor puts you in contact with a network of doctors across South Africa to receive medical advice and assistance without having to worry about paying for the usual doctor consultation fees. Medical Practitioners are available between Monday – Friday from 08:00 to 17:00 for any health and medical enquiries. The Medical Practitioners may make referrals to other General Practitioners or specialised physicians.

In addition to our medical assistance and services, Dr Doctor also looks after your financial HEALTH by offering its members various products and services in the financial services industry because we know that oftentimes financial HEALTH has an impact on your medical HEALTH.

To achieve this – Dr Doctor partners with SA Dealz which is a marketer and on-seller of various LIFESTYLE value added products. By becoming a member of Dr Doctor, you will also have free limited access to SA Dealz and will be offered various other LIFESTYLE value added products, deals and specials from various third parties to make a difference to your financial HEALTH and overall lifestyle which as you know affects your general wellbeing.

Please check out our Lifestyle offerings to see how you will benefit from our great partnership with SA Dealz, as well as the offerings you would have access to as a SA Dealz free member. You may opt out of receiving these incredible offers at any time at info@sadealz.co.za or in response to any marketing messages received.

To achieve the above, DR-DOCTOR partners with several businesses, service providers and professionals from time to time to offer you the most affordable access, but not limited to:

• Medical Assistance services through Dr-Doctor;
• Short Term and Life Insurance products through BMI, Assurity, SADealz
• SA Dealz for lifestyle offerings as set out further below in these terms and conditions but incudes grocery discounts, travel deals, electronics, Phone & Data deals;
• Offers & Promotions on Loans, Insurance and financial products and services, automotive deals by BMI, and SADealz network, respectively.
• Below are some of the partners which we will connect you with, please note that this might not be an exhaustive list:

o 1Life
o Absa
o Bayport
o Boodle
o Clientele
o DirectAxis
o Discovery
o Dotsure
o Finch Technologies (Pty) Ltd (Fincheck)
o First National Bank (FNB)
o Real People
o Standard Bank
o Prime Meridian (PMD)
o Scorpion Legal
o Oakhurst
o Santam
o Old Mutual
o Sanlam
o NDA
o Izwe loans
o Legal Wise
o Liberty
o Hollard
o Mi-Way
o BMI (Pty) Ltd
o Assurity (Pty) Ltd
o Phonefinder (Pty) Ltd
o 3 Way Marketing (Pty) Ltd
o Mother Financial (Pty) Ltd
o Supercompare (Pty) Ltd

All these abovementioned parties will collectively be referred to as our 3rd Party Providers who form part of our product and services network to benefit our subscribers.

We strive to constantly secure the best 3rd Party Providers to connect you with to get you the best offers that suit your needs, lifestyle and of course, your budget.

As a member we will send you marketing communications via multiple channels, such as, but not limited to: Automated voice messages (AVM), SMS’s, e-mail and outbound calls from us or our partner call centres, to keep you updated and informed on these latest products, specials, deals and promotions on offer. In addition, you will also have free limited access to SA Dealz. Your free membership to SA Dealz will guarantee you limited free coupons and vouchers, plus you can browse the rest of the SA Dealz site for free. If you want access to a coupon, voucher or deal that is not available to you, you will be given the opportunity to upgrade to the premium subscription. To unsubscribe from SA Dealz, please contact info@sadealz.co.za or view the SADealz website for more information.

You can check out our Privacy Policy here to see how we will responsibly use your personal information to achieve this goal. You can choose to stop hearing from us at any stage, we will always provide you with the opportunity. To Unsubscribe please see below. You may also register on the National Do Not Contact List which can be found at www.dmasa.org.

BECOMING A MEMBER

For someone to become a member and enjoy our benefits and services, you must register with us on our website (http://www.dr-doctor.co.za). Furthermore, for someone to qualify as a member, you must be 18 years of age or above, you must be in a legal state of mind to make your own decisions, failing which no valid contract/legal relationship will come into existence.

Important: The Dr-Doctor subscription fee will not cover a member’s spouse for medical assistance. It only covers the subscribed number. If Dr-Doctor finds out that a member is using the product for 3rd parties, Dr-Doctor is entitled to:

1.Cancel or terminate this agreement and the benefits of the member will be suspended;
2.Cancel or terminate this agreement without any reason or recourse to itself, by giving the member 30 (thirty) Calendar days written notice in that regard.

HOW TO CANCEL YOUR MEMBERSHIP WITH DR-DOCTOR?

As a paid subscriber of Dr-Doctor you can also unsubscribe from the Network by:
– MTN – dial *155#
– Vodacom – dial *135#997#.
– Cell C – dial *133*1#

When you unsubscribe, or are unsubscribed by the Network, it only means that payment will be stopped for full benefits. As a member however, you will still have free access to the Dr-Doctor platform that will enable you free limited access to Dr-Doctor services, as well as still be part of the bigger SA Dealz network and 3rd party services. For clarity, ‘unsubscribing’ is not the same as “opting-out” of direct marketing and you will continue to receive such direct marketing as explained in these terms until such a time as you opt-out specifically for direct marketing.

This free limited access to our Dr-Doctor platform will entitle you to our Q&A part of the services, as well as our Symptom Checker. We will remain in contact with you and have all related lifestyle deals and promotions sent your way until such a time as you request not to receive these deals and promotions. If you would like to unsubscribe from Dr-Doctor completely, please contact us at info@dr-doctor.co.za. If you would not like to receive further marketing from SADealz network, please contact SADealz at info@sadealz.co.za or opt-out by taking the steps set out in each marketing message.

ACCEPTANCE OF THE TERMS & CONDITIONS

As a user or member of our services and / or visitor to our website you confirm that you have read and understood these Terms and Conditions and that you agree to be bound by them. Should you not agree with our Terms and Conditions, please do not make use of any of our services. We will make changes to our Terms and Conditions from time to time. It is your responsibility to ensure that you familiarize yourself with these changes. If you do not agree with the Terms and Conditions as it is reflected at the time of reading, please do not make use of any of our services.
The collection, use and sharing of your personal information is subject to our Privacy Notice, to be found here.

PAYMENT

As a paid Subscriber you hereby authorise Dr-Doctor to deduct monies due by means of Airtime Billing, such deduction will be from your Airtime at any time between the beginning and last day of each month, which may be made by means of multiple submissions by the Network Provider as and when the Subscriber has Airtime available.

SUSPENSION AND TERMINATION

Notwithstanding any other terms, conditions and /or provision of this agreement, Dr-Doctor will be entitled but not obliged to;
• the agreed airtime monthly billing (debit order);
• 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 member fails, neglects and or refuses to make any payment timorously and or at all; and/or
• cancel or terminate this agreement, without any reason and recourse to itself, by giving the member 1 (one) calendar months’ notice in writing for the intention to terminate the services.

PRIVACY RIGHTS

We take your privacy rights very seriously, for full details on how and what personal information we collect, as well as how we will use this personal information, please read our Privacy Notice.

DIRECT MARKETING

We would like to provide you with information about new products, promotions, special offers and other information from us and our 3rd Party Providers, which we think you may find interesting. You agree and consent that we as well as our 3rd Party Providers may send you such information by various electronic communication channels, such as email, AVM, SMS, post or telephone. You may opt-out of our direct marketing campaigns at any time, at which point we or our 3rd Party Providers (depending on the opt-out actioned), will not send you any direct marketing material related to a specific service or associated campaign. If we are providing you with Services you will also be subject to the specific terms and conditions relating to the products or services you are being provided 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.

LIFESTYLE OFFERING

Which lifestyle services do we offer?

Dr Doctor has partnered with the SADealz network that provides a platform for businesses, service providers and professionals to offer you affordable access to grocery discounts, travel deals, electronics, soccer news, legal assistance services and much more.
As part of the Dr Doctor offering, SA Dealz will bring you offers for their Lifestyle services and periodically keep you informed on existing and new services!

How does it work?

As a Dr-Doctor member, you will have free limited access to the SA Dealz platform. Please use your unique login details that will be sent to you. If you have any difficulties, please contact info@sadealz.co.za.

Our Lifestyle Partners

We will strive to constantly secure the best partners to connect you with to get you the best offers that suit your needs, lifestyle and of course, your budget.

Below are some of Lifestyle offers we will connect you to SA Dealz for, please note that this might not be an exhaustive list:

Video/Entertainment
Just Flicks
Pride TV
Naira Movies
YD TV
Vodacom Soccer Videos
KidsTV

Soccer/Sports
Just Ishumi
Just Soccer
CR7 / Sports7
Sports Daily
Virtual Sports
Game Predictors
Fantasy League

Dating/Love
Hooked
Dating Bundle
Find Luv
Flirt Net
Mobi Match
Mi Love

Gaming
YD Games
Big Cash
Playwin / Gamewin
YD Games Summercamp
Gameland
PlayerzClub
Woohoo
Planet Games

Coupon Deals
SADealz
Daily Deals
Grocery Deals
Voucher Plus
Spa Pass
CRAVE 2-for-1 dining

Professional Services
Dr Doctor
Legal Chief
Health 247
Mi Black Box

News
News Etc
News Stand
Naked News
Mobsto

Religion
Holy One

Other
Financial Services
Always On
Rocket Wifi
Personality Test
Success Quotes
Nu Metro
Win A Car
Win An Appliance

MAINTENANCE OF THE WEBSITE

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.

MONITORING AND OUR RIGHT TO UNSUBSCRIBE

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.

ELECTRONIC COMMUNICATIONS

By visiting our website or sending 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.

INTELLECTUAL PROPERTY RIGHTS

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.

WARRANTIES

You understand and accept that there is an inherent risk in not having a physical examination. Your use of the Service is at your sole risk and you assume full responsibility for all risks associated therewith. All information or services provided through the Dr-Doctor Service are provided without any warranty of any kind, express or implied. To the fullest extent permissible under South African law or any other law, Dr-Doctor and the attending doctor, their shareholders, affiliates, directors, officers, managers, employees, advisers and/or other representatives hereby disclaim all representations and warranties, express or implied, statutory, or otherwise, including but not limited to warranties of fitness for a particular purpose. Without limiting the aforegoing, there is and shall be no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the services and/or the products so provided.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, SERVICE 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. WE WILL 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 (FIVE HUNDRED RAND).

ERRORS AND OMISSIONS

• Subject to the provisions of the Consumer Protection Act (to the extent and where applicable), Dr-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
• Dr-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.

WAIVER

Dr-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 Dr-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 member 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 Dr-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.
FOR ANY MEDICAL EMERGENCY, I SHALL IMMEDIATELY CONTACT MY MEDICAL PRACTITIONER FOR A CONSULTATION

Information or advice provided on the Dr-Doctor Platform by the Symptom Checker should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. The Symptom Checker is not intended to diagnose a medical condition.

The limitations associated with consultations or other services exclusive of physical examination, in-person legal advice or onsite and extensive investigations are hereby accepted and agreed to by you.

SUPPORT SERVICES

To assist in resolving technical problems with the Services, or access to the Dr-Doctor Platform, we have provided online access to our helpdesk via the support email function in the platform (“Support Email Function”).
We will respond to all technical queries and support requests from members in relation to the Dr-Doctor Service, where such queries and support requests are logged by you using the Support Email Function, with 24 (twenty-four) hours of such queries and requests being logged.
We shall endeavour to resolve any issue raised or logged within an estimated period of 5 (five) days from the date that the issue is logged.

GENERAL

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.

CONTENT LICENSE

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 these Terms 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.

LIABILITY

These Terms contain 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.
All references to Dr-Doctor or its affiliates herein will include a reference to their shareholders, promoters, employees, representatives, directors, agents, consultants, advisers, subcontractors and any other Persons acting for or on their behalf in the provision of any service and/or product contemplated or provided for herein.
Neither Dr-Doctor nor any of its affiliates is or will be liable for any loss or damages of any nature whatsoever suffered by the User or any other Person arising out of or in connection with:

• any act or omission of Dr-Doctor or its affiliates, save for any act or omission which is willfully intended to cause loss or is grossly negligent; and/or
• a breach of this Agreement by the User;
• any interruption, delay, suspension, defect or failure in the distribution or reception of the selected service beyond Dr-Doctor’s reasonable control.
Notwithstanding any express exclusion of liability recorded herein, neither Dr-Doctor nor any of its affiliates will be liable for any loss or damage of any nature, including direct, indirect, special or consequential damages, including loss of profits, suffered by the User or any third party or person arising from any cause, except where such loss or damage is caused by the intentional or grossly negligent acts or omissions of Dr-Doctor or any of its affiliates.

The member hereby indemnifies and holds Dr-Doctor and any and all of its affiliates harmless against any claim brought by any third party or person against Dr-Doctor and any of its affiliates:
• arising out of a breach by the member of the provisions of this Agreement; and/or
• as a result of access to or use by a third party or person of the selected service; and/or
• associated with the provision of the selected service to the User.

THE DR DOCTOR SERVICES ARE NOT INTENDED NOR SUITED TO BE A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, CONSULTATION, EXAMINATION, DIAGNOSIS OR TREATMENT RELATIVE TO A SPECIFIC MEDICAL QUESTION OR CONDITION. ALL INFORMATION OBTAINED BY A MEMBER ON, THROUGH AND/OR BY MEANS OF THE DR DOCTOR SERVICES, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

DISCLAIMERS AND LIABILITY LIMITATION

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.

The Symptom Checker is not a medical device, nor is it intended to be a medical device, nor shall it be used to diagnose, treat, monitor or alleviate any diseases or injuries or similar of any persons. The Symptom Checker is solely intended to provide persons with medical information and/or educational information on medical conditions and/or diseases and is in no way intended to (nor shall it) diagnose and/or provide any persons with medical advice on a person’s health status.

FORCE MAJEURE

Dr-Doctor will not be liable for failure to perform if the failure is attributable (wholly, partially or late), to some unforeseen event or circumstance beyond its reasonable control which prevents it from performing, timeously or otherwise. This will not be limited to technical problems or downtime related to a fixed line or mobile tele-communications provider which, in each case, is beyond Dr-Doctor’s reasonable control, having exercised reasonable care and diligence to prevent and/or mitigate against the occurrence and/or consequences of that event or circumstance.

INDEMNITY

Dr-Doctor has no and will not have any liability to the member, 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 Dr-Doctor’s gross negligence) whether by Dr-Doctor, by member and or , as the case may be, or by a third party or other Person, using any Service, as the case may be.

The member hereby indemnifies and holds Dr-Doctor harmless against any loss or harm that the member, 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.

You indemnify, defend and hold harmless Dr-Doctor and the attending doctor and their affiliates from and against all losses, liability, expenses, damages and costs, including all attorney’s fees, arising out of or related to any breach of the terms of use, your relationship with Dr-Doctor and the attending doctor any negligent or wrongful action or omission by you related to your use of services through Dr-Doctor, or any negligent or wrongful use of the services, including negligent or wrongful conduct by you or any other person acting on your behalf.

3RD PARTY GOODS, SERVICES AND WEBSITES

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 these Terms. 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 Dr-Doctor’s endorsement of these 3rd Party services or websites or their contents, nor does Dr-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.

Dr-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.

PERSONAL INFORMATION

The User hereby specifically represents and warrants to and in favour of DR-Doctor that all personal information offered, proffered, provided, discussed with and/or communicated to any health practitioner whilst making use of a selected service will be absolutely true and correct in every respect and regard hereby acknowledging the importance as to the serious consequences if such information is not as represented and warranted.

PHOTO FUNCTION

Members are not allowed to send pictures of children (those under the age of 18) regarding medical or healthcare enquiries. Members are required to 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.

GOVERNING LAW AND JURISDICTION

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 these Terms.

You irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court, Western Cape, Cape Town, South Africa even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.

Should this not be possible by law, 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 these Terms.

DOCUMENTS AND NOTICES

We choose the addresses and other contact details specified in our ECT Act Disclosures section below, for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.

In these Terms, headings are for convenience only and we don’t intend for them to be used to interpret these Terms.

If, in these Terms, we refer to a Party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then these Terms 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 these Terms, 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 these Terms, 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 annexures, addendums and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.

DISPUTES

Should any dispute arise between Dr-Doctor and the member, 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.

ENFORCEMENT

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.

BREACH

Should the member as the case may be;
• fail to make any payment on the due date;
• commit any other material breach of this agreement;
failure to remedy such breach within 7 (seven) calendar days of receipt of him/her of the written notice from Dr-Doctor calling upon member to remedy such breach, Dr-Doctor is entitled to, but not limited without prejudice to any other rights it may have in Law in terms of this agreement.

DR-DOCTOR CALL CENTRE

If to the extent the member has subscribed for the Services on and/or through Dr-Doctor call centre, and these services are applicable to our free membership, then in that event the following terms and conditions will apply.
The subscriber must pay for such selected service by:
• means of a monthly payment by but not limited to; debit order, eft or card
• all subscription fees will be due and payable on the due dates therefore irrespective whether or not the selected services have been or is being utilised by the member and/or the user as the case may be.
• to the extent the member wishes to make use of, and Dr-Doctor in its discretion consent thereto, any extended payment method, such payments will be made on a continual commitment basis, meaning that the member is committed for and to the full extent of the subscription period (unless otherwise agreed to it in writing in the discretion of Dr-Doctor).

NOT PARTNERSHIP OR AGENCY

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.

SEVERABILITY AND ILLEGABILITY

If any provision 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.

ECT ACT DISCLOSURES

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: MOBIVAS (Pty) Ltd
• Street address: Sable Square, Office 1,Block J, Cnr Ratanga Rd & Bosmansdam, Milnerton,Western Cape, 7441
• Postal address: Sable Square, Office 1,Block J, Cnr Ratanga Rd & Bosmansdam, Milnerton,Western Cape, 7441
• Physical address for receipt of legal service: Sable Square, Office 1,Block J, Cnr Ratanga Rd & Bosmansdam, Milnerton,Western Cape, 7441
• Main business: Value added Services and Direct Marketing
• Website address: http://www.dr-doctor.co.za
• Official email address: info@dr-doctor.co.za
• Membership of self-regulatory or accreditation bodies: DMASA
• Governing terms of use: These Terms and our Privacy Policy
• Manual in terms of the Promotion of Access to Information Act 2 of 2000:
• Management: Sandro Florentino
• Costs associated with the access to and use of the service: Normal network operator costs and subscription service cost will be applicable
• Dispute resolution: As per below Dispute Resolution clause
• Complaint’s process: If you have any complaints or would like more information, please mail info@dr-doctor.co.za