Terms and Conditions

1. Introduction:

Welcome to OnlyMed (Pty) Ltd. These Terms and Conditions govern your use of our website and services. By accessing or using our website (OnlyMed.co.za) and its related services, you agree to comply with these Terms and Conditions. Please read this document carefully before using our services. If you do not agree to these terms, please refrain from accessing or using our website and services.

These Terms and Conditions establish a legal agreement between you and OnlyMed (Pty) Ltd. They explain your rights and responsibilities when using our platform. By using our website and services, you confirm that you are at least 18 years old and capable of entering into a legally binding agreement. If you are accessing our platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms and Conditions.

Please note that these Terms and Conditions include our Privacy Policy, which outlines how we collect, use, disclose, and store your personal information. By using our services, you also agree to the terms outlined in our Privacy Policy.

 

2. Acceptance of Terms:

Statement: By accessing or using the OnlyMed (Pty) Ltd. website, accessible at www.onlymed.co.za (the "Website"), or any related services provided by OnlyMed (Pty) Ltd. (referred to as "we," "us," or "our"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not access or use our Website or any of our services.

These Terms govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. These Terms constitute a legally binding agreement between you and OnlyMed (Pty) Ltd., so please read them carefully before using the Website.

Compliance with South African Laws: By accessing or using our Website, you confirm that you are at least 18 years old and that you are legally capable of entering into binding contracts. If you are accessing or using our Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Changes to Terms: We reserve the right to modify, amend, or replace these Terms at our sole discretion. Any changes or modifications to these Terms will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Website after the posting of changes constitutes your acceptance of such changes.

User Responsibility: You are responsible for regularly reviewing these Terms to stay informed of updates. You agree that it is your responsibility to monitor changes to our Website.

 

3. User Responsibilities:

3.1 Prohibited Activities:

Users of OnlyMed (Pty) Ltd. ("OnlyMed") are prohibited from engaging in the following activities while accessing or using our platform:

  • 3.1.1 Unauthorized Access: Users must not attempt to gain unauthorized access to any part of the OnlyMed platform, including other users' accounts or sensitive information.

  • 3.1.2 Malicious Use: Users shall not engage in any activity that may harm, disrupt, or interfere with the functionality, security, or accessibility of the OnlyMed platform.

  • 3.1.3 Misuse of Information: Users are strictly prohibited from collecting, storing, or disseminating personal information of other users without their explicit consent.

  • 3.1.4 Spamming: Users must refrain from sending unsolicited communications, advertisements, or spam messages to other users.

3.2 Compliance with Applicable Laws:

  • 3.2.1 Legal Compliance: Users must comply with all applicable laws, regulations, and guidelines while using OnlyMed. This includes but is not limited to, South African laws related to healthcare, privacy, and data protection.

  • 3.2.2 Professional Standards: Healthcare practitioners using OnlyMed must adhere to professional standards, ethical guidelines, and regulations governing their practice in South Africa.

3.3 Respecting Intellectual Property Rights:

  • 3.3.1 Copyright and Trademarks: Users must respect the intellectual property rights of OnlyMed and third parties. Users shall not reproduce, distribute, or modify content from the platform without proper authorization.

  • 3.3.2 User-Generated Content: Users are responsible for ensuring that any content they upload to OnlyMed does not infringe upon the copyrights, trademarks, or intellectual property rights of others.

  • 3.3.3 Reporting Violations: Users are encouraged to report any suspected violations of intellectual property rights or other prohibited activities promptly to OnlyMed.

3.4 Safekeeping of Account Credentials:

  • 3.4.1 Confidentiality: Users are responsible for maintaining the confidentiality of their account credentials, including passwords and authentication methods. Users must not share their login information with others.

  • 3.4.2 Account Security: Users must notify OnlyMed immediately if they suspect unauthorized access to their account or any other security breach.

 

4. Account Registration and Security:

4.1 User Account Creation:

When registering for an account on OnlyMed (Pty) Ltd. ("OnlyMed"), users agree to provide accurate, current, and complete information during the registration process. Users are solely responsible for maintaining the accuracy and completeness of their account information.

4.2 Confidentiality of Account Credentials:

Users are responsible for maintaining the confidentiality of their account credentials, including their username, password, and any other information used to access their account. Users must not share their account credentials with any third party or allow anyone else to access their account.

4.3 User Responsibilities:

Users are solely responsible for all activities that occur under their account. Users must notify OnlyMed immediately of any unauthorized use of their account or any other breach of security. OnlyMed will not be liable for any loss or damage arising from unauthorized access to a user's account.

4.4 Account Security Measures:

OnlyMed employs reasonable security measures to protect user accounts and information. However, users acknowledge that no security system is impenetrable, and OnlyMed cannot guarantee the security of user accounts or data. Users are encouraged to choose strong passwords, use two-factor authentication where available, and keep their account information secure.

4.5 Account Termination:

OnlyMed reserves the right to suspend, disable, or terminate user accounts at its sole discretion, without prior notice, for any reason, including but not limited to violation of these Terms and Conditions or suspected fraudulent, abusive, or illegal activities. Users may also request the termination of their account by contacting OnlyMed.

4.6 Data Privacy:

User account information will be processed and protected in accordance with the OnlyMed Privacy Policy. Users are encouraged to review the Privacy Policy to understand how their personal data is collected, used, and disclosed.

 

5. Payment and Billing:

5.1 Payment Terms:

OnlyMed (Pty) Ltd. ("OnlyMed") provides paid services subject to the payment of applicable fees. By using our paid services, you agree to the following payment terms:

  • 5.1.1 Billing Currency: All transactions are processed in South African Rand (ZAR) unless otherwise specified.
  • 5.1.2 Payment Methods: OnlyMed accepts payments via credit cards, debit cards, electronic funds transfers (EFT), and other methods as specified on the website.
  • 5.1.3 Payment Authorization: By providing payment information, you authorize OnlyMed to charge the specified amount to your selected payment method.

5.2 Billing Cycles:

  • 5.2.1 Subscription Services: If you are subscribed to a recurring service, you will be billed on a monthly/annual basis, as per your chosen subscription plan.
  • 5.2.2 One-Time Services: For one-time services, the full payment is due upon the placement of the order or booking of the service.

5.3 Fees and Pricing:

  • 5.3.1 Service Fees: The fees for paid services are specified on the OnlyMed website. OnlyMed reserves the right to change service fees at any time, with notice provided to active subscribers.
  • 5.3.2 Taxes: All fees are inclusive of applicable Value Added Tax (VAT) as per South African tax regulations.

5.4 Refunds and Cancellations:

  • 5.4.1 Refund Policy: OnlyMed offers refunds under certain circumstances, as outlined in our Refund Policy. Please refer to the Refund Policy for detailed information on refund eligibility and procedures.
  • 5.4.2 Cancellation: Subscribers can cancel their subscription at any time. Refunds for cancellations are subject to the terms outlined in the Refund Policy.

5.5 Failed Payments:

  • 5.5.1 Failed Payments: In the event of a failed payment, OnlyMed will attempt to notify the subscriber to update their payment information. Failure to resolve the payment issue may result in the suspension or termination of services.

5.6 Billing Inquiries:

  • 5.6.1 Contact: For billing inquiries or disputes, please contact OnlyMed at [billing contact email/phone number]. We will make every effort to resolve your inquiry in a timely manner.

 

6. Intellectual Property:

6.1 Ownership and Rights:

All content, trademarks, logos, designs, graphics, photographs, videos, audio, software, algorithms, and other materials available on the OnlyMed.co.za website (collectively referred to as "Intellectual Property") are owned or licensed by OnlyMed (Pty) Ltd. and are protected under South African and international intellectual property laws, including copyright, trademark, and patent laws.

6.2 User Permissions:

OnlyMed (Pty) Ltd. grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Intellectual Property solely for personal and non-commercial purposes related to the use of the OnlyMed.co.za website and its services.

6.3 Restrictions:

Users are expressly prohibited from:

  • Reproducing, copying, or distributing any Intellectual Property without explicit permission from OnlyMed (Pty) Ltd.
  • Modifying, altering, or creating derivative works from the Intellectual Property.
  • Using the Intellectual Property for any commercial purpose without written consent from OnlyMed (Pty) Ltd.
  • Removing or altering any copyright, trademark, or other proprietary notices from the Intellectual Property.

6.4 Trademarks:

"OnlyMed," the OnlyMed logo, and other marks, logos, and names that may appear on the website are trademarks or registered trademarks of OnlyMed (Pty) Ltd. or its affiliates. Users are prohibited from using these trademarks without prior written consent from OnlyMed (Pty) Ltd.

6.5 User-Generated Content:

Users may submit content (such as reviews, comments, or other materials) to OnlyMed.co.za. By submitting such content, users grant OnlyMed (Pty) Ltd. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide through any media.

6.6 Reporting Intellectual Property Violations:

If you believe that your intellectual property rights have been violated, please contact us at [email address] with the following information:

  • A description of the intellectual property right that you claim has been infringed.
  • A description of where the allegedly infringing material is located on the website.
  • Your contact information, including address, telephone number, and email address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the owner's behalf.

 

7. Privacy and Data Collection:

Description:

At OnlyMed (Pty) Ltd. ("OnlyMed"), protecting your privacy and ensuring the security of your personal information is of utmost importance to us. This section outlines our practices concerning the collection, storage, and use of user data in compliance with South African laws and regulations, including the Protection of Personal Information Act (POPIA).

Privacy Policy:

Our Privacy Policy outlines the types of personal information we collect, how we use it, and the safeguards in place to protect your data. By using our services, you agree to the terms outlined in our Privacy Policy. Please refer to our Privacy Policy for detailed information on how we handle your personal data.

Data Collection:

We collect only the necessary information required to provide you with our services. This may include your name, contact details, medical history, appointment preferences, and other relevant data. We ensure that the information collected is relevant, adequate, and not excessive for the intended purpose.

Data Storage:

Your data is securely stored on our servers, which are protected by advanced security technologies and protocols to prevent unauthorized access, disclosure, alteration, and destruction of your personal information. We regularly update our security measures to safeguard your data from potential threats.

Data Use:

We use your personal information for the following purposes:

  • Facilitating appointment bookings and managing your appointments.
  • Providing access to your medical records and prescriptions.
  • Notifying you about appointment confirmations, changes, or updates.
  • Improving our services and user experience.

User Consent for Data Processing:

By using OnlyMed’s services, you provide explicit consent for the collection, storage, and processing of your personal information as described in this Privacy and Data Collection section and our Privacy Policy. You have the right to withdraw your consent at any time, which may impact your ability to use certain features of our platform. To withdraw consent or for any data-related inquiries, please contact us at support@onlymed.co.za.

OnlyMed is committed to ensuring the confidentiality and integrity of your personal information. For further details on our data practices, please review our Privacy Policy. If you have any concerns or questions regarding your data, please do not hesitate to get in touch with us.

 

8. Dispute Resolution:

Introduction: Dispute resolution is a vital aspect of our commitment to providing a transparent and trustworthy service. This section outlines the procedures for resolving disputes between OnlyMed (Pty) Ltd. and its users, in accordance with South African laws.

Arbitration: In the event of any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, the parties shall first seek to resolve the dispute through arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), by an arbitrator appointed by AFSA.

Mediation: If the dispute is not resolved through arbitration, the parties shall attempt in good faith to resolve the dispute through mediation under the rules of AFSA, before resorting to litigation.

Legal Action: If the dispute is not resolved through arbitration or mediation, either party may initiate legal proceedings in a South African court with competent jurisdiction. Both parties consent to the exclusive jurisdiction and venue of the courts located in the Republic of South Africa.

Costs: The costs of the arbitration, mediation, or legal proceedings, including but not limited to legal fees and arbitrator/mediator fees, shall be borne by the respective parties as determined by the arbitrator, mediator, or court, as the case may be.

Language: The arbitration, mediation, and legal proceedings shall be conducted in English, and all documents, evidence, and communication shall be in English.

Binding Nature: Any decision or award rendered in the arbitration or mediation proceedings shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.

Waiver of Class Action and Jury Trial: Both parties agree to resolve any disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration. Furthermore, both parties waive their right to a trial by jury in any legal proceeding arising out of or related to these Terms and Conditions.

 

9. Termination of Account:

Description:

OnlyMed (Pty) Ltd. reserves the right to terminate user accounts under the following circumstances, in accordance with South African standards and laws:

  1. Violation of Terms and Conditions: Users' accounts may be terminated if they violate any provision outlined in the Terms and Conditions. This includes engaging in prohibited activities, breaching user responsibilities, or violating any applicable laws or regulations.

  2. Illegal Activities: If users are found to be involved in illegal activities, including but not limited to fraud, identity theft, unauthorized access, or any other unlawful conduct, their accounts will be terminated immediately. OnlyMed is committed to cooperating with law enforcement authorities in case of illegal activities.

  3. Inactivity: Accounts that remain inactive for an extended period may be subject to termination. Inactivity is defined as a lack of login or any activity on the platform for a specified duration, as determined by OnlyMed. Prior notice will be given to users via the email address associated with their account before termination due to inactivity.

  4. Misuse of Intellectual Property: Users who infringe on the intellectual property rights of OnlyMed or any third party, including but not limited to copyrights, trademarks, or patents, may have their accounts terminated.

  5. Breach of Privacy and Data Security: Users found to be in breach of privacy, including unauthorized access to other users' data, or compromising the security of the platform, will face immediate account termination.

  6. Harassment or Abusive Behavior: OnlyMed has a zero-tolerance policy for harassment, bullying, or abusive behavior towards other users, staff, or any individuals associated with the platform. Users engaging in such behavior may have their accounts terminated.

  7. Non-Compliance with Medical Regulations: Medical practitioners found to be non-compliant with South African medical regulations, including prescription practices, patient care standards, or ethical guidelines, may face account termination.

Procedure:

  • Notification: In most cases, users will be notified via email about the impending termination of their account. The notification will specify the reason for termination and provide users with an opportunity to respond or rectify the situation within a given timeframe.

  • Appeals: Users have the right to appeal the termination of their account. Appeals must be submitted in writing to OnlyMed within the timeframe specified in the termination notification. OnlyMed will review the appeal and respond within a reasonable period.

  • Data Retention: Upon account termination, OnlyMed will retain necessary user data as required by South African laws and regulations. Any personal data retained will be handled in accordance with the Privacy Policy.

  • Legal Actions: In cases involving illegal activities, OnlyMed reserves the right to take legal action against the user in question.

By using the OnlyMed platform, users agree to comply with these termination policies as outlined in the Terms and Conditions. OnlyMed will exercise these termination rights responsibly and in accordance with applicable South African laws.

 

10. Disclaimer of Warranties:

Description: This section outlines the website's or service's warranty disclaimer in compliance with South African standards and laws. It clearly states that the website or service is provided "as is," without any express or implied warranties. Users are informed that there are no guarantees or assurances regarding the website's content, accuracy, availability, or suitability for a particular purpose. This disclaimer is in accordance with applicable South African laws and regulations.

Disclaimer of Warranties:

The OnlyMed (Pty) Ltd. website (hereinafter referred to as "the Website") and its services are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

OnlyMed (Pty) Ltd. makes no guarantees, representations, or warranties of any kind concerning the accuracy, completeness, suitability, or applicability of the information contained on the Website or the services provided. The information, content, and services published on the Website may contain inaccuracies or typographical errors. While we strive to provide accurate and up-to-date information, users acknowledge that any reliance on such information is at their own risk.

OnlyMed (Pty) Ltd. does not warrant that the Website or its services will be available, uninterrupted, secure, or error-free. Users agree that their use of the Website and its services is solely at their own discretion and risk. Any material downloaded or obtained through the use of the Website is accessed at the user's own discretion and risk, and they will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained from OnlyMed (Pty) Ltd. or through the Website or its services, shall create any warranty not expressly stated in these Terms and Conditions.

Legal Disclaimer:

To the maximum extent permitted by applicable law, OnlyMed (Pty) Ltd. disclaims all liability for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to:

  1. Any errors or inaccuracies on the Website or in its content.
  2. Any unauthorized access to or use of our servers and/or any personal information stored therein.
  3. Any interruption or cessation of transmission to or from the Website.
  4. Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Website by any third party.
  5. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website or its services.

Please note: This disclaimer of warranties is governed by the laws of the Republic of South Africa and is intended to comply with the legal requirements of South African standards. Users are encouraged to review these terms periodically for changes, as continued use of the Website and its services signifies acceptance of any modifications.

 

11. Limitation of Liability:

Description: Limitation of the Website Owner's Liability

The website owner (OnlyMed Pty Ltd., hereinafter referred to as "OnlyMed") provides this website and its services on an "as is" and "as available" basis. By using this website or any related services, you agree that OnlyMed, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if OnlyMed has been advised of the possibility of such damages), resulting from:

  1. The use or inability to use the website or its services.
  2. Unauthorized access to or use of our servers, personal information, or user data.
  3. Any third-party content, websites, or services accessed through the website.
  4. Any errors, inaccuracies, omissions, or any other matter relating to the website and its services.

Extent of Liability Limitations:

In no event shall OnlyMed's total liability to you for all claims, liabilities, or damages arising out of or related to your use of the website or its services exceed the total amount you paid, if any, to OnlyMed during the twelve (12) months immediately preceding the date of the claim giving rise to such liability.

Exclusions and Limitations:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in this section may not apply to you. In such jurisdictions, OnlyMed's liability will be limited to the greatest extent permitted by law.

Indemnification:

You agree to indemnify, defend, and hold harmless OnlyMed and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, expenses, damages, and losses, including legal fees, arising from or related to your use or misuse of the website, violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you herein.

 

12. Governing Law:

Description:

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or related to these Terms and Conditions, including the existence, validity, interpretation, performance, or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to it, shall be subject to the exclusive jurisdiction of the competent courts of the Republic of South Africa. Users agree to submit to the personal jurisdiction of the courts located within South Africa and waive any right to claim that such courts are an inconvenient forum.

In the event of any legal proceedings arising out of or in connection with these Terms and Conditions, the prevailing party shall be entitled to recover reasonable legal costs and expenses from the non-prevailing party.

These Terms and Conditions are drafted in accordance with the laws and regulations of the Republic of South Africa and shall be interpreted and applied in compliance with the legal standards of South Africa. Any legal action, suit, or proceeding arising out of or related to these Terms and Conditions shall be brought solely in the applicable court in South Africa, and users consent to the jurisdiction of such courts.

 

13. Changes to Terms and Conditions:

Description: OnlyMed (Pty) Ltd. reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms and Conditions on this website. By continuing to use the website after such changes, users acknowledge and agree to abide by the updated Terms and Conditions.

Notification of Changes: OnlyMed (Pty) Ltd. will make reasonable efforts to notify users about significant changes to the Terms and Conditions via email, website announcement, or other means as deemed appropriate. It is the responsibility of the users to review the Terms and Conditions periodically to stay informed about any updates.

Acceptance of Changes: By continuing to access or use the website after modifications to the Terms and Conditions have been posted, users indicate their acceptance of the revised Terms and Conditions. If a user disagrees with the updated Terms and Conditions, their sole remedy is to discontinue using the website.

 

14. Contact Information:

Description: If you have any questions, concerns, or inquiries regarding these Terms and Conditions, please feel free to contact us via email or our online contact form.

  • Email: support@onlymed.co.za

  • Online Contact Form: https://onlymed.co.za/contact

 

15. Effective Date:

Description: 

These Terms and Conditions were last updated on 17 October 2023, Version 1.2.