Terms and Conditions are below and subject to change:​

Usage 
Thank you for choosing this Phonedoc Patient App brought to you by Phonedoc Pty Ltd and wanting to be part of this innovative journey with us. Phonedoc shall provide you with the technology that allows specific health care services, to support your medical consultation and look forward to being your future technology preferred on-line healthcare provider. 

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​The following terms (the “Terms and Conditions for Patients” or the “Agreement”) constitute a binding agreement between you and Phonedoc (Pty) Ltd (“PhoneDoc,” “we,” or “us”), the operator of the Phonedoc platform, including our websites, mobile applications, doctor and patient portals, and all associated features, products, and services (collectively, the “Services”) where these Terms and Conditions are posted or referenced.

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This Agreement constitutes a contract between you and us that governs your access to and use of the Services. This means you must agree to this Agreement in order to access and/or use our Services. If you do not agree, then you may not use the Services. As used in this Agreement, “you” means any visitor, user, or other person who accesses our Services; whether or not such person is registered for a Phonedoc Account.

You would need to carefully read these Terms and Conditions stipulated herein, for your thorough clear understanding, before accepting the professional medical advice consultation from healthcare providers, provided on this technology health care platform, namely Phonedoc Patient App.  

The User will have to accept the Terms and Conditions of Phonedoc before proceeding to use the platform. The User will only be asked to consent once before entering into an agreement with Phonedoc and this implies consent on registration and further ongoing usage of the app. 
 
In order to utilize this platform, you would need to accept these Terms and Conditions for Patients before you use the Phonedoc App. If you dot accept the Terms and Conditions for Patients of Phonedoc, you may not continue using these services. If you don’t agree with the new Terms and Conditions for Patients you are free to reject them; however, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms and Conditions for Patients becomes effective, that means you agree to all of the changes.

 

We are constantly trying to improve our services, so these Terms and Conditions for Patients may need to change along with our services. We reserve the right to change the Terms and Conditions for Patients at any time. If you have any queries on the use of this Phonedoc Patient App, you could forward your concerns to : info@phonedoc.co.za. 

Phonedoc Patient app is a app based platform that aims to provide the technology platform for medical services to all South African residents allowing you to communicate with a healthcare professional to discuss your health care related questions.    

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Eligibility:
Minors under the age of 18 years, seeking such health care medical advice, shall be sought by their parents or guardian on their behalf and verbal consent obtained. Consent will have to be obtained from the patient’s parents or guardians, if the patient is under 18 years of age. Those over 18 years of age, implied consent is conveyed by filling out the registration page and verbal consent may be documented in your medical notes. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create a Phonedoc Account or use the Services on your own.​

Phonedoc allows the purchase of the services of  Phonedoc Patient app on behalf of another person, the purchaser, and the user has to consent and confirm that the purchaser and user are aware of these terms and conditions of Phonedoc to which they are bound. If the user is a minor wanting to make use of the Phonedoc Patient app for themselves, they will need consent from their parent or guardian (who shall be over 18 years of age) or the user (patient)  before their parents use the app for the minor and be made aware of the terms and conditions of Phonedoc, before the parent or guardian (who shall be over 18 years of age) calls on the minors behalf. 

The user will be required to understand the financial commitment in using the Phonedoc Patient app and be responsible to ensure that full payment is made and meets the legal obligations of the Phonedoc Patient app. The user should have authority to use his or her mobile device or other electronic platforms in the future should Phonedoc be web based, and also be authorised to make credit card payments without any debt to Phonedoc incurred. We respect the right of the user or any person not to consent to the terms and conditions of Phonedoc and thereby not using the Phonedoc App platform or services. 
 
Who we are:  
Phonedoc is a registered tele-medical service company providing a virtual technology platform for healthcare professionals and patients to connect and discuss healthcare matters and is cognisant of the HPCSA Telemedicine General Ethical Guidelines for Good Practice in Telehealth Revised as of December 2021. Phonedoc Pty Ltd is a wholly South African owned tele-health care initiative, for the use of only South African residents, and aims to be in all countries that we are scheduled to expand into, at a proposed later stage.  
Requirements: You would need to be over the age of 18 years. Have your own mobile phone, that has a sufficiently charged battery power, with a strong secure phone reception connectivity, and or strong wi-fi signal, to ensure that the connection between you the patient and the healthcare professional providing the consultation, is not interrupted during your telemedicine consultation, with sufficient data available on your mobile for the entire duration of your call. Should the call disconnect due to insufficient battery power, weak signal or lost wi-fi, Phonedoc reserves the right not to refund the cost, but will attempt to ensure that the healthcare professional calls back if possible. Phonedoc’s primary goal is to help improve South Africa’s health care, one patient at a time, by providing the technology platform for healthcare professions to practice medicine.  
 
What We Do Not Treat:  
Before we get started, please remember that Phonedoc App should NOT be used in the event of a Medical Emergency, as this is purely an online remote healthcare provider, for non-emergency use. 
The Disclaimer is that should this be a Medical Emergency, patients are advised to attend their nearest Hospital, Medical Doctor, or Healthcare Facility.  
 
Medical Emergencies that we Do Not Treat are: cardiac or chest pain, acute severe respiratory illness, foreign object lodgement in airways, hypoxia, head or neck injuries, loss of consciousness, breathing difficulties, acute asthma attack, heart attack, urinary retention, acute abdominal pain, lethargy, suspected meningitis, kidney stones, vascular clots, pregnancy and pregnancy related medical concerns, severe allergic reactions, angioedema, anaphylaxis, severe burns, sudden eyesight loss, lacerations, surgical operations, post surgical care, injuries related to motor vehicle accidents, suicidal ideations, strokes, cardiovascular accidents, scrotal torsion, sepsis, falls and suspected fractures, cancer or cancer related illness. We do not prescribe benzodiazepines, cannabis, stimulants or non stimulants used for ADHD/ADD, ketamine, testosterone, hormonal replacements, narcotics or any morphine related drugs directly or indirectly, or any medication that the healthcare professional is not comfortable prescribing.
 
Please do not call Phonedoc should you require personal physical medical attention or acute psychiatry consultation and ensure that you call your family doctor or ambulance and go to the nearest health care facility or hospital available, immediately.  
 
Phonedoc Patient App does not offer medication refills, no sick notes, no medical certificates, no claims/forms for insurance companies to complete, no referrals, no grant forms to be completed, no government, no insurance or private forms to be completed or to be reviewed or emailed for review with a view to having forms filled.  
 
Phonedoc does not complete any paperwork or documentation for any patient in any form, even if forms or documents are emailed for review with Phonedoc Pty Ltd permission.  
 
Phonedoc Patient App does not provide family medicine or general practitioner continuity of care services and does NOT replace your family doctor or your primary healthcare provider. Phonedoc Patient App does not refer you to specialists if needed, and advise that you attend your general practitioner, family doctor or healthcare provider to ensure that a specialist referral is done if our healthcare professional on Phonedoc Patient App finds that this is needed. Should you wish to avail of the specialist healthcare professional on the Phonedoc Patient app, you still may or may not be advised to attend a specialist in person for a physical examination.  Using Phonedoc Patient App does not allow Physical examinations to be done via the phone and if the healthcare professional deems it necessary for a physical examination, then the patient would be directed to a Healthcare Facility/Medical Doctor or hospital that the patient deems is closest and open to attend.
 
 
:What we treat: 
Phonedoc Patient App can be used for non-urgent medical conditions which are: coughs, colds, back pain, sinus conditions, muscle pain, sprains, soft tissue injuries, sore throat, earaches, minor burn advice, eye and ear conditions, nasal conditions, skin conditions and minor infections.
 
Abusive Behaviour: 
Phonedoc does not tolerate any vulgar abusive verbal language or abusive vulgar video conferencing. The healthcare professional reserves the right to disconnect the call if disrespect, abusive verbal language, screaming, shouting, inappropriate video conference is used during any duration of the call, without a refund.   
 
Medical Aid: 
If you are a Medical Aid Patient, then you would need to submit your medical expenses, incurred from this Phonedoc Patient App consultation to your Medical Aid Claims Department to see if you could claim against your benefits. Phonedoc Pty Ltd does not insure or guarantee that the expense of using the Phonedoc Patient App platform would be covered by your medical aid or benefits or any other packages or plans that you may have with your medical aid. Phonedoc is not contracted to any medical aids in any form and would advise that you contact your medical aid directly to see if you could claim back any of the expense incurred by the patient to utilize the Phonedoc Patient app after payment is made to connect with a Healthcare Professional. 
You need to accept these Terms and Conditions before you using the Phonedoc App. In the event that these terms and conditions are not suitable to you the user, you are welcome not to use the Phonedoc App platform or services 
 
1.Registration: 
1.1 Phonedoc Patient App registration requires your first name, last name, email address, phone number, province, city, password and to confirm your password before phoning the available qualified registered healthcare professional provider remotely for a confidential audio and or video consultation to receive medical advice for your health advantage. Phonedoc PTY LTD will require all registration information to be completed honestly, accurately and be updated as needed Phonedoc PTY LTD will not be held responsible for any false information used to obtain registration on the Phonedoc Patient App.

1.2 All information entered in the registration process, is stored on a database that is POPIA compliant and follows Privacy and Policy data storage requirements in South Africa. All healthcare professionals are vetted to the best of Phonedoc’s ability, to ensure that all healthcare professionals are active in their respective discipline and have their professional registration current in South Africa.  Phonedoc will not be held liable for any Healthcare Professional that does not declare them not to be in Good Standing with the Health Professions Council of South Africa (HPCSA).
1.3 Your registration details are not limited to, or inclusive of email or phone number being used to correspond with the patient to inform of medical disease outbreaks, marketing, and newsletter updates. 
1.4 Trademark: Phonedoc has been registered with CIPC of South Africa. 
1.5 Reviews: Phonedoc solicits feedback from Patients who use the Phonedoc app regarding the Phonedoc and/or Phonedoc Healthcare Professional providers, and Phonedoc may, in its sole discretion, make these Reviews available through posting on the Phonedoc site and or third-party providers in accordance with the terms of use governing such websites.   
1.6 Phonedoc Patient App uses audio and video conference calls, and the patient and doctor are able to turn their video on or off, and the speaker/microphone on or off, whichever the patient or doctor prefers as all calls are live in real-time in South Africa. The calls are not recorded, and all medical information pertinent to the call are recorded by the healthcare professional typing notes, on a server that is POPIA compliant and stored securely on a server in South Africa.  
1.7 We have a wide variety of qualified medical practitioners ready to provide you live professional medical healthcare advice on some of the following medical conditions:  
1.8 Phonedoc provides the platform for young the healthcare professional, to privately and confidentially have a consultation with a qualified registered medical practitioner or health care provider, on your respective health condition. Phonedoc takes no responsibility for the content or quality of medical advice provided within or in connection with the respective medical practitioner providing the medical consultation. 
1.9 All medical consultations provided via the Phonedoc App are delivered by a registered qualified healthcare practitioner, in their own professional capacity, and Phonedoc PTY LTD will not be held liable or responsible for the medical advice given by any healthcare provider on the Phonedoc Patient App.
1.10 By virtue of you using the Phonedoc App, you expressly acknowledge and agree to the terms and conditions of this user agreement. If you do not agree to these terms and conditions, then please refrain from using or proceeding with the use of this Phonedoc Patient App. 
1.11 Phonedoc strives to deliver quality service to its users and reserves the right to change amend or delete any of its terms and conditions and may from time to time update its terms and conditions, and the user may be made aware of same when using the platform and the terms and conditions would be effective immediately upon change on the app. 
1.12 Should the user upon the amendment addendum deletion or addition to its terms and conditions in the future not be agreeable by the user, then the user reserves the right not to use its platform or services. 
 
2. Phonedoc Healthcare Services & Phonedoc App process:  
2.1 Phonedoc strives to have the following registered healthcare providers, with qualified medical professional services, such as: Doctor, Specialist, Dietician, Nurse, Physiotherapist and Psychologist.  
2.2 All medical health care providers have been screened to verify their qualifications and registration with health regulatory organizations/bodies in South Africa, such as HPCSA and their respective professional health boards. 
2.3 Each phone call made via the Phonedoc App, is unique with a Registration and Login Process. 
2.4 As stated above, each call made via the Phonedoc Patient App, is for a singular patient consultation process and no multiple patients can access the same call, to obtain healthcare advice, as this action would then contravene the patient confidentiality and  privacy regulations, as well as the Protection of Personal Information Act (POPIA). 
2.5 Phonedoc Patient app is for usage for one patient for one pertinent medical concern per payment. Phonedoc patient app is not desired for multiple patient use on one call and the doctor reserves the right to advise the non-paying patient to register and call, as each call is confidential. Should the non-paying patient have a life-threatening condition, the patient should attend the nearest hospital or healthcare facility as soon as possible.   
2.6 Please follow the respective screens on the Phonedoc App, from the start and provide the required information personal details, to ensure you are registration is confirmed on the Phonedoc App and type in your received One Time Pin (OTP) from your cell phone, to proceed with the consultation, with the available online medical health care practitioner indicated.  
 
3. How does Phonedoc App operate: 
3.1 As previously mentioned prospective patients can access the aforementioned online healthcare service providers, by downloading this Phonedoc Patient App available on Apple Store and Google Play. Phonedoc PTY LTD will not be held responsible if a patient is unable to download the app, for whatever reason, and is in need of a doctor. Phonedoc PTY LTD is not held responsible if the patient does not have data to download the app when needed in any situation, life threatening or non life threatening. The user agrees to this even if the Phonedoc Patient App is not fully or partly downloaded.
3.2 You need to be 18 years of age or older or possess the legal right and ability to enter into an agreement with the attending healthcare professional and understands and agrees to the terms and conditions of Phonedoc 
3.3 Minors under the age of 18 years, seeking such health care medical advice, shall be done on their parents or guardian’s behalf and consent. Consent will have to be obtained by the healthcare professional from the patient’s parents or guardians, if the patient is under 18 years of age. Those over 18 years of age, implied consent is conveyed.   
3.4. Phonedoc allows usage of the Phonedoc Patient App without the Parent or Guardian when the User is 18 years old and above only
3.5 You will need to download the Phonedoc Patient App and complete the patient user registration process which involves the following steps indicated below and prompted on the Phonedoc Patient App screens for you to complete or select.  
3.6 The Phonedoc Patient App is a platform provided purely for medical health consultations, providing the best possible service in its current form and without any warranty or guarantees.  
3.7 The acceptance by you to these terms and conditions and an acknowledgement that you have read and clearly understood the content and provides complete consent to this private and confidential medical consultation process to proceed.  
3.8 You must ensure that you login to Phonedoc Patient App, each time to access this platform, using your username and password, thereby ensuring you maintain the security and privacy of your personal information in this process. 
3.9 Your mobile phone would need to have adequate battery charge, with sufficient data in a strong reception area to sustain the entire duration of the medical consultation online, with the respective chosen medical service provider.  
3.10 Phonedoc shall not be held liable for the connectivity, signal strength or data charges in the duration of the call and that you are responsible for this with your network cellphone service provider.  
3.11 Once you have registered as a patient of the Phonedoc Patient App, you would need to select the medical service provider online. to have the online confidential consultation for your healthcare treatment. 
3.12 You would need to pay on-line for the respective medical service provider you selected, with a valid credit card or debit card at the agreed payment tariff set therein and only thereafter gain access to initiate the audio and/or video, private and confidential medical consultation accordingly. 
3.13. The healthcare professional after consultation find that an inpatient visit may be more suitable for your condition, and would advise you attend the hospital or your GP.
3.14 Your credit card details shall not be held on record or stored and would require you to re-enter the credit card details each time, should you be a returning patient. This process is done for your data protection and privacy. Some smart phones may have the credit card number stored on the phone, which may be stored for individual apps, even though Phonedoc PTY LTD does not store the credit card details on their server.
3.15 At the start of the medical consultation the respective healthcare professional, will ask your  personal information and  shall note your responses and medical condition ailments accordingly.  
3.16 Phonedoc Patient app relies on your honesty and truthful responses which shall assist the healthcare professional to provide you with their qualified medical responses and advice for your respective medical condition treatment and progressive health restoration process. Should the healthcare professional deem according to their professional advice that you require medication, the email entered in the registration process would be the email used to send the prescription. 
3.17 You cannot knowingly use any virus, trojans, worms, malware, or any other forms of malicious or harmful technology, to gain unauthorised access to Phonedoc App or corrupt its operations or technology in anyway. Such attempts shall deny you access and permanently blocked from using this Phonedoc Patient App, with possible criminal case proceedings. 
3.18 Those patients that have forgotten their password can email Phonedoc at: info@phonedoc.co.za to have their password reset. Patients will have the right to change their password and language after logging onto Phonedoc Patient App. 
 
4. Your Medical Consultation: 
4.1 All medical practitioners & healthcare service providers conducting these medical consultations on the Phonedoc App are qualified, registered professionals with HPCSA and are licensed to conduct these medical consultations, by their relevant membership and licensing with their regulatory organizations/bodies such as Health Professions Council of South Africa (HPCSA).
4.2 The user ensures to his best of his ability that the information provided to Phonedoc on registration and the consultation between the patient and the healthcare professional be fully disclosed to the healthcare professional to make a diagnosis and afford the best available treatment and healthcare plan for the user. 
4.3 Phonedoc takes no responsibility for credit card incorrect or fraudulent usage. We advise any credit card holders that suspect their card has been fraudulently used, to phone their bank and put a stop on their credit card immediately. 
4.4 Phonedoc does not store any credit card details, and each time the patient uses Phonedoc Patient App, they would have to re-enter the credit card details, which depends if their smart phone stores the number automatically on the app.  
4.5 You must provide the Healthcare Practitioner with correct and accurate information as requested and any detailed information, or symptoms which you feel is very relevant and pertinent for their medical evaluation/assessment, of your health condition. It is best to communicate in the language you are most proficient in for best quality care. There will be varied language options to communicate with the healthcare professional in the language best suited for you from the choices you are offered on the language page of Phonedoc Patient App. 
4.6 All medical and healthcare practitioners who you engage and consult with, shall treat you and your detailed personal information provided, with the utmost respect, confidentiality, professionalism and dignity, throughout your medical consultation.  
4.7 Phonedoc does not tolerate any abusive or offensive language, or behaviour and reserves the right to terminate your account and block your access to this Phonedoc Patient App, in the event that there is any misconduct, or unprofessional ethical behaviour and breach of these stated Terms and Conditions.  
4.8 The medico-legal relationship if any by the attending healthcare professional and the user upon his consent and agreeing to the terms and conditions of Phonedoc, is solely between the user and the healthcare professional. The User (registered patient) agrees that Phonedoc PTY LTD will not be held accountable for any medical advice, notes made by the Healthcare Professional or treatment given by any of the Healthcare Professionals on Phonedoc Doctor App platform.
4.9 Phonedoc doe not provide continuity of care by providing feedback or communicating directly with the users regular doctor.
4.10 Phonedoc does not and will not replace the users regular doctor and will only provide services as outlined.
4.11 Phonedoc PTY LTD will not be liable to any person for the service provided by its third party providers or healthcare professionals, or the absence of service should there be no healthcare professional be available at the times that the user requires the services of Phonedoc PTY LTD. 
4.12 Phonedoc services do not replace your primary healthcare provider and does note provide primary healthcare services on a continuity of care basis, and all patients are advised to continue being under the continued care of their primary healthcare provider. 
4.13 Should the user, after using Phonedoc Patient App and the service provided by the healthcare professional feel that his or her condition has not improved, then the user should contact his or her local emergency department or nearest healthcare provider, as Phonedoc is not an emergency service and does not treat the conditions listed above (What We Do Not Treat), or other emergency conditions omitted in this list or be a life threatening condition. 
 
5. Results from Phonedoc Medical Consultation: 
5.1 Upon the completion of the medical consultation the medical practitioner or health care provider, shall provide you with medical advice of your medical condition assessment and advise you accordingly.  
5.2 Should you require medication to support your health recovery process, you agree to the terms and conditions that a Medical Prescription shall be provided by the attending medical health care practitioner and sent to you electronically to your email or registered phone. Once you receive this prescription, it would be the patient’s responsibility, to complete that transaction with your pharmacy of choice, to acquire the necessary medication prescribed accordingly.  
5.3 Please note that this prescription is valid for one transaction only, with a validity duration of 7 days from the time the medication is prescribed till the time to be obtained from your pharmacist, or medicine dispenser of choice.  
5.4. Should the medical practitioner or healthcare professional is of the opinion, that the user requires further medical evaluation and or investigation, the user shall then be advised by the healthcare professional, to attend his or her primary healthcare provider and or specialist for required tests, scans or X-Rays, at your preferred hospital or medical centre of choice at your own cost, as there are no Referral Letter or Consultation Notes generated or sent to your Family Doctor, Healthcare Facility or Hospital.  
5.5 The Healthcare Professional on the Phonedoc Patient App would be unable to refer you to a specialist and would advise that if the medical condition is non-urgent, than you could either phone the specialist on Phonedoc Patient App or attend your Primary Care Provider/GP to make the specialist referral as needed. 
5.6 Your medical consultation via text based notes shall be kept private, confidential and professionally digitally stored should there be a follow up, or medical investigation required or medico-legal case requiring the medical notes. Should there be a medico-legal case, Phonedoc PTY LTD will not be held liable to any individual, organization, or company for the healthcare advise given by any of the healthcare providers on its platform, and all matters would be dealt within South Africa borders and under the jurisdiction. of the South Africa courts for any matter arising out of usage of Phondedoc Patient app. 
 
6. Phonedoc Responsibility & Liability: 
6.1 Phonedoc shall make every reasonable effort to ensure the effectiveness and efficiency operations of this app on its platform. 
6.2 Phonedoc does not make any representations, warranties or guarantees, whether it be expressed or implied in any way, that the content in the app is totally accurate, complete or up to current date.  
Phonedoc provides the platform between Patient and Healthcare Professionals and would not be held legally responsible for any medical advice offered by participating healthcare professionals or unprofessional behaviour of medical healthcare professionals on Phonedoc Patient App.
6.3 The use of the Phonedoc Patient App does not guarantee that the availability of its operations process or functionality thereof be free from any from electrical, electronic, load saving, generator, telecommunication cell phone tower or personal cell phone disruptions by either patient or the doctor. 
6.4 Phonedoc supports safe communication. Phonedoc advises that patient calls should not be made when driving except when in handsfree mode and safe to do so. 
6.5 Phonedoc advises not to use the cell phone if operating heavy machinery or in any hazardous environment that may pose a risk to the patient health. 
6.6 These possible disruptions that is not conclusive, it brought to the user’s attention, that may be caused by a variety of factors, and makes no warranty or representation whether expressly or implicitly including some of the following: 
6.6.1 Problems with your phone battery, sufficient data, connectivity quality, or signal, or reception, or with your hardware/equipment, network, software, or third-party service provider. 
6.6.2 Your responsible situational circumstances for quality connectivity and clear good signal reception that is required for this medical consultation. 
6.6.3 A possible software virus risk on your cell phone device, or any other possible security threat that may not be evident to you.  
6.6.4 Any other possible situational circumstance that is beyond our control. 
6.6.5 that the services will be free of errors or interruptions, be always available, be fit for any purpose, not infringe on any rights, be secure and reliable or conform to the service requirements. 
6.7 Phonedoc will use its reasonable endaevours to make its services available to the user and that services are provided to as the healthcare professional is available on an ongoing basis. 
6.8 Phonedoc and its healthcare professional will not be held liable for any failure of any technical problems, app upgrade times or development, mobile provider coverage failure, which is beyond Phonedoc PTY LTD control 
6.9 The user agrees that the usage of the Phonedoc platform does not replace a physical examination and there is always an inherent risk of not having a physical examination. The User using Phonedoc Patient app acknowledges and takes full responsibility for all risks associated with not having a physical examination. 
6.10 All services provided by Phonedoc are without any warranty of any kind, express or implied. 
6.11 Phonedoc PTY LTD and their healthcare professionals, directors, employees, advisers or other representatives hereby disclaim all representation and warranties of fitness for any particular purpose. 
6.12 Phonedoc PTY LTD would not be liable for any damages, personal injury, wrongful death, loss of use, whether in any action in warranty, contract, deficit or otherwise arising out of or in any way connected with the unavailability to use these services.  
6.13 Phonedoc PTY LTD will not be held liable for any acts of omission by healthcare professional services rendered via the Phonedoc Patient App platform, which could cause personal injury, loss of use or wrongful death, and will not be liable for any negligence by the healthcare professional. 
6.14 Phonedoc will not be liable for any damage of any nature direct or indirect suffered by the user by using the Phonedoc platform or by the healthcare professional consult. 
 
7. Phonedoc Liabilities:  
7.1 Should Phonedoc PTY LTD not comply with our stipulated obligations as prescribed by our Terms and Conditions and not offer a satisfactory service, and you as the patient are not in contravention or breach of our obligations in these Terms and Conditions, then Phonedoc PTY LTD, after an investigation, shall reimburse you solely for the cost incurred for the payment of the relevant healthcare provider’s cost, within a limited time if found guilty of same. 
7.2 Phonedoc’s liability is not excluded or limited in any way where it would be unlawful to do so. This may include liability resulting in death or any personal injuries, caused by any registered Healthcare Provider’s medical negligence, or subcontractors or any form of fraudulent misrepresentation. 
 
8. Phonedoc Copyright & Intellectual Property Rights: 
8.1 Phonedoc Pty Ltd solely owns and is the registered licenced service provider for this Phonedoc Patient App in South Africa.  
8.2 No person or company, is allowed to reproduce, copy, duplicate, display, sell, or in any way try to commercialize the use of this Phonedoc Patient App, or its official Logo, or Trademark, in any part or form, without written permission, consent and approval from its copyright owners or Sole Directors. 
8.3 Any unauthorized use of this information, in part or total form, of any aspect detailed in 8.1 above, may be seen as contravention and breach of these Terms and Conditions, that may result in leading to criminal investigations and legal prosecution charges accordingly. 
 
9. Promotion of Access to Information: 
9.1 In terms of the Promotion of Access Information Act (PAIA) No.: 2 of 2000 & in accordance to ensuring commitment to accountability & good corporate governance, Phonedoc shall respect your rights of personal information shared on this Phonedoc Patient App and to ensure it is kept private and confidential.  
10.Phonedoc App Product development and changes in Terms and Conditions: 
10.1 Phonedoc reserves the right to amend/change/edit the scope or purpose and operational functionality of the Phonedoc Patient App, as and when deemed necessary to do so.  
10.2 The respective tariff charges for the health care practitioners can be changed at any time as deemed necessary to do so and may include amending these Patient Terms and Conditions, as revised to current business operations for the Phonedoc App.  

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11. NO DOCTOR PATIENT RELATIONSHIP:

DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM Phonedoc INCLUDING, WITHOUT LIMITATION, THE “FIND A DOCTOR” FEATURE, Phonedoc ANSWERS, Phonedoc SOCIAL CHANNELS, Phonedoc EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.

Phonedoc PTY LTD encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting there from, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.

 

12. Third Party Software:

We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.

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13. Phonedoc DOES NOT PROVIDE MEDICAL ADVICE:

Phonedoc PTY LTD is not a healthcare provider. The Content that you obtain or receive from Phonedoc, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, direct contact with medical practitioners and payment purposes only. All medically related information, including, without limitation, information shared via the, Phonedoc social channels, Phonedoc emails and text messages, or Phonedoc advertising is for informational and communicative purposes only.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 10111. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

Phonedoc PTY LTD is not a referral service and does not refer, recommend or endorse any particular Healthcare Provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s Council, Medical Associations relevant to the applicable specialty, and the appropriate licensing or certification authorities to verify listed credentials and education.

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14. Authorisation and Acknowledgment:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

Phonedoc (a) does not employ, refer to, recommend, or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) a Healthcare Provider provides about himself or herself is accurate or up-to-date, (d) is not responsible for making sure that Healthcare Providers’ services are actually provided or are up to a certain standard of quality, and (e) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services. We don’t control the actions of any Healthcare Providers and Healthcare Providers are not our employees. In addition, to the extent that Phonedoc serves as a platform for, or provides technical support to, the provider directory will appear in the directory based on criteria determined by, which doctor is Online and the Ratings received from previous medical consultations.

15. General Conditions:  
11.1 This mutually accepted agreement between you, The Patient (User), and  Phonedoc PTY LTD, is described in these Terms and Conditions and is specifically unique and personal to you, thereby cannot be transferred by you to any other person in any form.  
11.2 You can only do so, if you are acting in an official capacity as a Parent or Legal Guardian, for the medical treatment of a child, who is a minor under the age of 18 years.  
11.3 Phonedoc PTY LTD reserves the sole mandate rights, to amend, edit or add to its list of health care medical practitioners, or employ any sub-contractors in any manner, as deemed necessary to do, to totally fulfil its rights and due obligations, as defined in these Patient Terms and Conditions, to fulfil our rights and obligations under these Patient Terms and Conditions. 

 

16. Phonedoc SMS and Mobile Communication Terms

16.1 Transactional Communications
By voluntarily providing your mobile phone number to Phonedoc and agreeing to receive messages, you expressly consent to receive transactional, operational, or informational SMS or MMS messages (or similar communication protocols) from Phonedoc. These messages may include appointment confirmations, reminders, marketing and post-consultation feedback requests. Message and data rates may apply. Message frequency may vary depending on your interaction with the platform. 

16.2 Marketing Communications
By opting in to receive marketing messages from Phonedoc, you consent to receive recurring automated SMS, MMS, emails or similar messages related to our services, promotions, updates, or events. These may also include information based on your previous engagement with Phonedoc. Your consent is not required to use our services. Standard message and data rates may apply. 

16.3 Representations and Indemnity
You confirm that the mobile number you provide is accurate and that any individual you register has consented to receive communications from Phonedoc. You agree to indemnify and hold Phonedoc harmless from claims, losses, or liabilities arising from your failure to obtain proper consent or update your contact information, including claims under relevant telecommunication regulations.

16.4 Participation Requirements
To receive Phonedoc messages, you must have a mobile device capable of two-way messaging, use a participating wireless carrier, and be subscribed to a text messaging service. Delivery may not be available in all regions or on all devices. Message and data charges from your provider may apply.

16.5 Opt-Out Instructions
You can opt out of receiving text messages at any time by:

• Adjusting your notification settings in your Phonedoc app account.

You acknowledge that a final confirmation message may be sent to confirm your opt-out request. Please note that opting out of all messaging may affect your ability to use certain features of the Phonedoc service.

16.6 Keeping Your Contact Information Up-to-Date
If your mobile number changes, please update your information in your Phonedoc profile. New phone numbers you associate with your account may begin receiving messages unless you also unsubscribe through the available

channels.

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17. Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

 
18. Refund Policy:
18.1 Refunds are only processed if requested within 24 hours after a phone call provided that payment been made and deposited into Phonedoc Account on the following conditions:
18.1.1 Refunds requests received only at info@phonedoc.co.za
18.1.2 Call is disconnected after 5 seconds of connecting with a healthcare professional
18.1.3 Refunds could take 2-3 business days to process and may be reflected in the patients account after that time
18.1.4 Refunds will only be considered after a thorough investigation of the data provided and the reason for the refund which is applicable to the Refund policy
18.1.5 Refunds are not allowed if after the patient phones the doctor, and is unable to get through to that particular doctor chosen, and has not chosen another option for a doctor to which the call could be placed.

18.1.6. Refunds are not made if the Medical Doctor determines that an in person visit is warranted or a referral to a specialist is required, as the Medical Doctor would have given medical advice that the patient attend their Family Doctor for a referral to the specialist, or that the patient attend the hospital.
18.1.7 Calls are only charged when the doctor answers the phone call from the patient.
18.1.8 Calls that are not answered by the doctor, are not processed or charged by Phonedoc Third Party Provider, and therefore not allegeable for a refund.
18.1.9 Calls are only charged when the doctor answers the call, and if the doctor does not answer the call, and an alternative is provided, and the patient does not avail of that option, then the patient would not be charged for the call, even though he made the call, and therefore not qualify for a refund.

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