Safe Patient

SAFE PATIENT

TERMS AND CONDITIONS

PATIENT

1. Introduction

1.1. Thank you for your interest in the Safe Patient Chatbot and the Safe Patient related website, collectively referred to as the “Services”. The Service is provided to you by Safe Patient (Safe Patient), with its principal offices in The Campus Roland Garros Building, Ground Floor 57 Sloan Street, Bryanston, Gauteng, 2196, South Africa. Please read the following terms and conditions carefully.

1.2. By clicking “I Accept” on the Safe Patient Chatbot you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions and the Privacy Policy (available at https://safepatient.co.za/privacy-policy). If you are not eligible or do not agree to any of the Terms or the Privacy Policy, then you may not use the Service.

1.3. Safe Patient may revise and update the Terms at any time. Your continued usage of the Service will mean you accept these changes.

1.4. You acknowledge and agree that, as provided in further detail in these terms:

1.4.1. The Services are licensed, not sold to you, and that you may use the Service only as set forth in these Terms;

1.4.2. The use of the Service may be subject to separate third-party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;

1.4.3. You consent to the collection and use of your personal data and information about your location in accordance with the Safe Patient Privacy Policy;

1.4.4. Access to certain features of the Service may require access to information about the location of your device, such as GPS co-ordinates;

1.4.5. The Services is provided “as is” without warranties of any kind and Safe Patient’s liability to you is limited;

1.4.6. If you are using the Service on an iOS-based device, you acknowledge and agree to the “Notice Regarding Apple” in 18 below.; and

1.4.7. Safe Patient does not provide medical advice.

1.5. The Services, and the output thereof, i.e. the information provided to you, are for you and your health purposes only. They cannot be used for any other patient or person. The Services are not intended to substitute treatment advice, and cannot be used for other patients.

1.6. The Services and the outcome thereof (e.g. messaging trails created between you and Safe Patient) cannot be commercialized, publicized or used in any other manner at all.

Definitions
- In these general terms and conditions (“Terms”):
  - “Safe Patient” means a platform to support the patient consent process and manage risk posed to healthcare practitioners/health practices. Safe Patient is used primarily by healthcare practitioners and/or healthcare practice administrators, medical aid schemes and patients;
  - “Chatbot” means a computer program designed tosimulate conversation with human users, especially over the internet;
  - “Content” means any creative element, including, but not limited to: text, applications, images, archived e-mail messages, data, e-services, audio and video files on the Safe Patient Chatbot, website or any other Safe Patient electronic platform;
  - “Customer” means any Customer of Safe Patient who uses the Services;
  - “ECT Act” mean the Electronic Communication Act, 2005;
  - “Loss” means any loss, including loss of profit, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential;
  - “Operator” has the meaning attributed to it in the POPI Act, and in this instance means any third-party entity that may be processing the personal information of users on your behalf;
  - “POPI Act” means the Protection of Personal Information Act, 2013 and all Regulations and Notices issued thereunder;
  - “Practitioner” means a healthcare professional, whether a nursing professional, medical professional (general practitioner or specialist), who uses the Services as a Customer;
  - “Privacy Policy” means the privacy policy adopted by us and which forms part of these Terms;
  - “Services” means the provision of access to, and engagement with, the Safe Patient Chatbot and the activities related thereto, and the Services made available by us via any other Safe Patient platform by means of which you are able to, amongst other things, register and receive information pertaining to your medical/surgical operation as recommended by your respective healthcare practitioner;
  - “Use” means to use, access, refer to, view or make use of the Services;
  - “We”, “our”, “us” and “https://safepatient.co.za]” means the Safe Patient Chatbot, website, including any closed off sections of the website, any portals, links, applications, platforms and the likes, on the Safe Patient Chatbot or website through which the Services are rendered. Furthermore, any reference to us will be deemed to also include our employees, officers, partners, representatives, agents, contractors, all shareholders, advisers, service providers, suppliers and content providers;
  - “Website” means the website which is accessible at the URL: https://safepatient.co.za, through which the Services are provided;
  - “Web content” means the textual, aural, or visual content published on the Safe Patient website, including any other forms of “Content”;
  - “You” and “your” mean any patient and person who makes use of the Safe Patient Chatbot, website or any other platform for Safe Patient Services.
- Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Terms but defined in the Protection of Personal Information Act 4 of 2013 (“POPI Act”) and the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”) will bear the same meaning given to them in POPI and the ECT Acts.
- These Terms and any additional documents we incorporate by reference shall apply to you when you use the website and/or any part of the Services.
What do these Terms regulate?
- These Terms set out the agreement between us and you, and the terms and conditions upon which you may:
  - use the Services;
  - accept and engage the Safe Patient Chatbot Service; and
  - otherwise use the Safe Patient Chatbot, Website, including the use of the information, content, products or services including (without limitation) any text, software, icons, graphics, images, sound clips, videos, trade names, logos, designs, trademarks and service marks which are displayed on, available on or incorporated in the Safe Patient Chatbot (“Safe Patient Content”), to the extent that such Safe Patient Content is not regulated by its own terms of use.

Your agreement to comply with these Terms
- You agree that:
  - clicking/checking “I Agree”, making use of any of the Services and/or any use of the Safe Patient Chatbot or any application or content signifies your unconditional agreement to comply with all of the terms and conditions contained in this document;
  - we may, at any time, amend the Terms or introduce additional Terms and Conditions relating to the Services or any other service, content, products, facilities or functionality which is made available by us by way of the Safe Patient Chatbot or any other Safe Patient platform; and
  - we may, in our sole discretion, at any time and for any reason and without prior notice, suspend or terminate the Services, the operation of the Safe Patient Chatbot or the right to use the Services or any of the Safe Patient Content, or application.
- If you do not agree to these Terms you must not make use of:
  - the Services; and/or
  - the Safe Patient Chatbot and the Safe Patient Content and you must immediately delete all copies of the Safe Patient Content in your possession or under your control.
- You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should contact our support team on info@safepatient.co.za.
- For any queries relating to the content of the website (e.g. a video or other material accessed by means of the, Safe Patient Chatbot and/or any Safe Patient product, please contact clinical@safepatient.co.za
- You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Safe Patient Chatbot, Safe Patient Content and the Services. In this regard, you must, at all times, provide your own hardware (cellphone or software, and adequate internet connectivity and telecommunications infrastructure at your own cost, so as to receive the Services and ensure that the website can operate.
- The Safe Patient Chatbot will work optimally on any Android or Apple device. Your failure to maintain and/or upgrade software on your mobile phone used to operate the Safe Patient Chatbot may result in it not working optimally or correctly. This remains your responsibility.
- You agree that the Safe Patient Chatbot Services are not exclusive, and we may, subject to our Privacy Policy and the necessary consents required under law, grant access and rights to any other person or entity.
Access to the Safe Patient Chatbot and use of information processed through the website
- Your personal information is stored on Amazon Web Services, Google Cloud Hosting and MongoDB, in compliance with POPI international standards.
- The Safe Patient Chatbot is accessible only to patients whose respective healthcare practitioner/medical practice subscribed and/or initiated the Safe Patient Services;
- You agree to provide us with all the information we require in order to make the Services available to you, including but not limited to the following information that is necessary as agreed with your healthcare practitioner(s):
  - your full names and surname;
  - next of kin;
  - identity number;
  - your physical and postal address;
  - contact numbers and email address;
  - medical scheme details;
  - information relating to your age, gender, medical conditions and medical procedure, as per the consent you gave your medical practitioner.
- The Personal information collected will be restricted to that which we need to fulfil our agreed mandate with a medical practice and/or healthcare practitioner which is, but not limited to:
  - step-by-step support pre and post your medical procedure as recommended and consented to by your healthcare practitioner;
  - confirm your medical condition and medical/surgical procedure to be performed;
  - confirm the date of your medical/surgical procedure to be performed;
  - provide you with disease, procedure, anaesthetic and post-procedure information;
  - provide you with information relating to:
    - the advantages of your medical/surgical procedure;
    - your eligibility for the medical/surgical procedure;
    - complications from your medical/surgical procedure;
    - the recovery following your medical procedure;
    - when you may return to work, if applicable;
    - what is deemed to be a success of the recommended medical/surgical procedure and the risks associated with it;
    - living a healthier lifestyle following the medical/surgical procedure; and
    - recommended precautions you should take following the medical/surgical procedure.
  - Establish whether you:
    - know the difference between a medical and surgical procedure;
    - Know you have the right to refuse the medical/surgical procedure consented to and recommended by your healthcare practitioner; and
    - Understand the risks, implications and costs associated with the medical/surgical procedure.
  - In the event that your answer is “no” to a question, during your interaction with the Safe Patient Chatbot, Safe Patient has an automated clinical messaging system that recognises your response and responds accordingly. If the answers do not address your questions, please do not hesitate to contact your healthcare professional directly.
  - You will be required to complete a patient accountability form once you have completed your engagement with the Safe Patient Chatbot.
  - If at any stage during the interaction with Safe Patient, you indicate that you are uncertain, unclear or do not understand a question posed to you, you will be referred back to your healthcare practitioner or his/her medical practice who would then contact you within 48 hours.
    - Should your healthcare practitioner or his/her medical practice fail to contact the you within 48 hours, it is your responsibility to contact your healthcare practitioner or his/her medical practice;
    - Safe patient does not accept any liability if the healthcare practitioner or his/her medical practice fails to communicate with you and vice versa.
  - Requests for access to personal information must be filed by using the Promotion of Access to Information Act, 2000 (PAIA) requester forms to be emailed to legal@safepatient.co.za
    - The User (your) name and surname;
    - The User (your) email address;
    - The User (your) mobile telephone number.
  - To the extent permitted by law, you will be responsible for any loss or damage you, a medical practice, healthcare professional, Safe Patient or any other party may suffer if any other person accesses the Services using your mobile phone to engage with Safe Patient.
  - Should you terminate your participation and use of the Services, e.g. by opting out from the processing of your information by Safe Patient, and your access to Safe Patient and information already provided will be terminated, and you will no longer receive the Services offered through the Safe Patient Chatbot

Safe Patient Content and references and links to and from other electronic platforms
- The Safe Patient Chatbot and its content are not intended to, and do not, constitute any health advice or recommendation and are not a replacement or substitute for professional advice to be rendered by a registered practitioner. Neither shall they be deemed or construed as a recommendation of care for any specific patient. Every user who is a healthcare practitioner must ensure that they are familiar with the standards of care that apply to the specific profession, its scope, rules and the latest trends, technologies and approaches.
- The information communicated to you on the Safe Patient Chatbot does not imply and should not be construed as implying that any specific health remedy or treatment is necessary or required for any specific patient.
- You acknowledge that the use of Safe Patient Chatbot does not create nor replace the professional relationship between you and your healthcare practitioner. Accordingly, whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of the information provided as part of the content (including the videos and any other training materials), you agree that any reliance hereof and hereon is solely and entirely at your own risk and that you assume full responsibility and risk of loss resulting from the use hereof.
- All users have to direct any questions or uncertainty relating to healthcare matters, including the content of the videos and/or training materials) to experts in their specific profession.
- Your use of the information on or links to other electronic platforms or the products or services of third parties is entirely at your own risk. We shall not be responsible for any loss arising from or related to your reliance on, use or attempted use of, other electronic platforms or the opinions, products or services of third parties.
- You shall not make (and may not permit any third party to make) any reference to us, or our content whether by way of a link or otherwise, where the reference could, in any way, be interpreted as an endorsement, affiliation or recommendation by us in relation to you or a third party or of the services, products or opinions of a third party, without our prior written consent.
Your behaviour when using Safe Patient and its Services
- Subject to the further provisions of these Terms, Safe Patient Content and Services may only be used by you for lawful purposes and shall not extend to the use of the source code of the Safe Patient Chatbot.
- You shall not copy, record or otherwise duplicate or replicate in any manner whatsoever use the Safe Patient Chatbot and its content at all.
- You shall only use the Safe Patient Services and content for personal (and not group) educational, training or information purposes. Commercialization of the Safe Patient Chatbot, Services and content is strictly prohibited.
- Use for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violations will be prosecuted.
- A user shall at all times, also when using the Safe Patient Chatbot, and when using the Services, adhere to the applicable professional ethics and other rules and policies, and all applicable law pertaining to, amongst others, healthcare, employment and personal information.
- You must not perform any act which may jeopardize or interfere with the functionality or the operation of any part of the Safe Patient Chatbot.
- You are strictly prohibited from using the Safe Patient Chatbot for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
- You shall not intercept or receive any information transmitted to or from us or the Safe Patient Chatbot which is not intended by us to be received by you. You will immediately inform us if you have received any information in error and/or have accessed information that you are not authorized to receive.
- You are not allowed to:
  - frame, link to, modify, distribute, commercialize, exploit and/or alter the Safe Patient Chatbot content;
  - incorporate any part of the Safe Patient Chatbot content in any other work or publication; and/or
  - perform any other act which may not be considered fair use.
- Should you wish to do so, our prior written approval is required, and we are entitled, in our sole discretion, to withhold or grant consent and to impose any conditions on any consent which is granted by us. Requests for approval must be submitted to info@safepatient.co.za.
- Any restrictions on the use of the Safe Patient Chatbot content and Safe Patient Services shall also apply to any part of the website/electronic platform which may be cached when using the Safe Patient Chatbot or its content.
Commencement and procedure relating to uses verification
- Your appointment on the Safe Patient Chatbot and the to render the Services commences on and is with effect from the date on which you click “I agree” (“the Effective Date”) and endures indefinitely until terminated by yourself or us giving you 30 calendar days’ notice thereof.
- You agree that the Operator and/or Safe Patient and/or their contractors and/or service providers may, on reasonable notice to you, limit or deny access to all or any part of the Services for purposes of performing any upgrade, repair or maintenance services. In these circumstances, we will use our best efforts to limit or deny your access to the Services to non-business hours.
Exclusion of liability for use of the Safe Patient Chatbot (including its content), the website content and the Services
- Your use of the Safe Patient Chatbot (including its content), the Website content and the Services entirely at your own risk.
- Subject to the provisions of POPI and the ECT Acts and to the fullest extent allowed by law, we shall not have any liability whatsoever in relation to the Safe Patient Chatbot (including its content), the website content and the Services;
- You hereby indemnify us against any loss or damage or any implication whatsoever arising from your use of or reliance on the Safe Patient Chatbot (including its content), the website content and the Services;
- Safe Patient Chatbot (including its content), the website content and the Services or arising out of any of the events contemplated in paragraph 10.3 below, or any actions or transactions resulting therefrom, even if we have been advised of the possibility of such loss, damage or implication.
- In addition, you agree that we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Safe Patient Chatbot (including its content), the website content and the Services

for any reason whatsoever.

To the fullest extent allowed by law and subject to the provisions of the Consumer Protection Act, 2008 and the POPI Act, if any of the limitations or exclusions of our liability in these Terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed R100.

Exclusion of warranties and representations
- The Safe Patient Chatbot (including its content), the website content and the Services are provided “as is” and are subject to change without notice.
- We do not accept any responsibility for any errors or omissions on the Safe Patient Chatbot (including its content), the website content and the Services;
- In addition, you acknowledge that the Safe Patient Chatbot (including its content), the website content and the Services may not be accurate or complete.
- Subject to the provisions of the ECT Act, the Safe Patient Chatbot (including its content), the website content and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Safe Patient Chatbot (including its content), the Website/electronic platform content and the Services as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Services or Content.
- We also make no warranty or representation, whether express or implied, that the Safe Patient Chatbot is free of viruses, destructive materials or any other data or code which can harm or otherwise impede in any manner the operation of a computer system, computer network or your hardware or software and you accept all risks in this respect.
- You may also not rely on any warranty or representation, which allegedly induced you to agree to these Terms, unless the representation or warranty is recorded in these Terms.
- The grant of any indulgence by us to you in respect of any matter connected to your use of the Safe Patient Chatbot (including its content), the website content and the Services shall not constitute a waiver of any right by us or prevent or adversely affect the exercise by us of any existing or future right.
Intellectual Property Rights
- All content on this Safe Patient Chatbot (including its content), the Website content and the Services is the property of Safe Patient and is protected by copyright and all intellectual property rights in the Services, the Website and the Content belong to us.
- The Safe Patient Chatbot (including its content), the website content and the Services and the Trade Names or concepts associated with and/or used in rendering the Services (such as, without limitation, the name, clinical process or reporting, are protected by law. This incorporates all intellectual property rights in respect of the Safe Patient Chatbot (including its content), the Website content and the Services, including all rights, title and interest (statutory and common law) in copyright, designs, trademarks and inventions. Any unauthorized use of the Safe Patient Chatbot (including its content), the website content and the Services and all intellectual property rights related thereto, is prohibited.
- All intellectual property rights, including all rights, title, and interest (statutory and common law) in copyright, trademarks, trade names of whatsoever nature existing now and in the future, remain the absolute property of Safe Patient and/or the Operator, as the case may be. The software may not be sub-licensed, transferred or assigned without the prior written consent of Safe Patient and you shall not permit access to the software and any documentation relating thereto by any third party without our prior written consent.
- The tradenames of Services, or Content, whether appearing in bold characters or with the trademark symbol ®, are trademarks of Safe Patient. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The use of these trademarks, of Safe Patient and the company logo, except as permitted herein, is expressly prohibited and may be in violation of criminal
- You will not acquire any right, title or interest, including any intellectual property rights, in or to the Safe Patient Chatbot website, or its content or the Services other than those rights expressly granted to you in these Terms.
- Where any of the Services or Safe Patient Chatbot or Website Content have been licensed to us or belong to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
- You agree that you will not use the Safe Patient Chatbot, website, the Services or the content in any manner that constitutes a violation of any law (including intellectual property law), or an infringement of the rights (including the intellectual property rights) belonging to us, our licensors or any third party.
- You agree that you will not reproduce, modify, copy, perform, transmit or commercially use or exploit the Safe Patient Chatbot, Website or the Services in any manner whatsoever.
Variation of certain deeming provisions in the ECT Act
- By using the website and/or the Services, you agree that these Terms create a binding agreement between us and you, even though these Terms are wholly or partly in the form of a data message. You agree specifically that:
  - the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website, irrespective of whether you registered and/or logged into the Website;
  - an electronic signature is not required by you or us for purposes of agreeing to these Terms;
  - your use of the website and/or the Services is sufficient evidence of your agreement to these Terms;
  - any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
  - subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorized by us;
  - subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message; and
  - these Terms will be interpreted and implemented in accordance with the laws of South Africa and you agree to the jurisdiction of the courts of South Africa.

Variation of these Terms
- Subject to the variations or amendments provided for in terms of this clause 12, no other variation or amendment, in any form whatsoever, of these Terms will be enforceable or binding on us unless we have agreed to such variation or amendment in writing. For this purpose, “writing” shall be writing on paper signed in ink by our authorized representative and specifically excludes any writing that may be in electronic format.
- We are entitled to and reserve the right to vary or amend these Terms from time to time and in our sole discretion. Any amendments to these Terms will be displayed on the website from time to time. On the first occasion on which you use the website or the Services after we amend the Terms, you will not be notified of amendments to the Terms that have been effected and you will be required to re-click/check “I Agree”. If you continue to use the Services thereafter, the amended Terms will immediately be treated as being effective and binding upon you.
- It is your responsibility to access and familiarize yourself with any amendments to the Terms on each occasion that you make use of the Safe Patient Chatbot and its content, Safe Patient website or the Services.
Notification
- Addresses:
  - Our address for the service of any legal notice is [insert physical address of Responsible Party (Safe Patient), or at email: legal@safepatient.co.za.
  - Notices given to the above addresses shall be deemed to have been duly given:
    - 14 days after posting, if posted by registered post to our postal address;
    - on delivery, if delivered to our physical address; and
    - on dispatch, if sent to our then fax number.

Disputes, claims and legal proceedings
- Any dispute declared by you and any claim which you may have against us arising out of or in connection with these Terms or the use of the Services, including after termination, cancellation or amendment of these Terms and/or the Services, will be referred to arbitration in accordance with the Arbitration Act, 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.
- If we declare a dispute with you, or wish to institute any claim or legal proceedings against you arising out of or in connection with these Terms or your use of the Safe Patient Chatbot, website or any other services, we reserve the right to deal with the matter in a forum of our choice, which will include but will not be limited to, the courts of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms.
- Notwithstanding anything to the contrary contained in these Terms, neither you nor we will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
Costs
- Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by us arising out of your use of the Safe Patient Chatbot, content and/or the Services, or a breach of these Terms, will be borne by you.
Assignment
- You shall not cede, assign or transfer any of your rights and obligations in these Terms without our prior written consent. We are entitled to cede, assign or transfer any of our rights and obligations in these Terms without your prior written consent and without notice to you.
Interpretation
- Copies of POPI and the ECT Acts can be viewed and downloaded at and, respectively at: https://inforegulator.org.za/acts/ http://www.saflii.org/za/legis/num_act/ecata2002427/index.html.
- It is your responsibility to ensure that the copies downloaded or viewed are the most recent versions of POPI and the ECT Acts.
  - In the event that any part of these Terms is found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
  - No relaxation or indulgence which we may grant to you will be deemed to be a waiver of any of our rights in these Terms or in law.
  - The termination of any agreement created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

Contact us
- You may contact us at:

The Campus Roland Garros Building, Ground Floor 57 Sloan Street, Bryanston, Gauteng, 2196, South Africa, or via email info@safepatient.co.za.

If you wish to report an adverse event relating to a product referred to as part of the Services, Safe Patient Chatbot or website content, including but not limited to advertisements and references in videos, please contact the manufacturer of such a product.
Queries relating to your personal information can be directed to: legal@safepatient.co.za
Queries and other feedback addressed to Safe Patient through its website should not contain questions on personal health matters or on specific prescription-only or other products, for which you should refer to your relevant and chosen healthcare practitioner or subject-matter expert.

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