Terms and Conditions

Dr. R. S. Nene Terms and Conditions and Privacy Policy

Effective Date: [23 June 2025]

WELCOME TO DR. R. S. NENE VIRTUAL TELEHEALTH SERVICES.

This Agreement outlines the terms and conditions governing your use of the Dr. R. S. Nene virtual telehealth platform and services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms. We encourage you to read this document carefully.

1. PARTIES TO THIS AGREEMENT AND SCOPE OF SERVICES

This Agreement applies to you, the Patient, and where applicable, your Guardian (for minors or legally incapacitated individuals), Guarantor, and/or Responsible Person (the individual financially responsible for services).

The "Platform" refers to Dr. R. S. Nene's virtual telehealth service, provided through various "Virtual Telehealth Platforms," including but not limited to:

• The Dr. R. S. Nene website ([Insert Website URL])

• Live chat interfaces

• WhatsApp messaging

• Telephonic consultations

• Other electronic communication facilities as designated by Dr. R. S. Nene.

Important Note: This Agreement sets forth a core set of standard terms applicable to all virtual telehealth health services provided by the Platform. While efforts have been made for consistency, certain provisions may be more relevant or specifically apply to particular Virtual Telehealth Platforms (e.g., website-specific features). Please read and apply all provisions in their correct context.

2. COMPOSITION OF THE AGREEMENT

Your agreement with Dr. R. S. Nene on the Website Virtual Telehealth Platform includes, but is not limited to, the following interactive elements and pages:

• The Landing Page

• The Booking Details Page (requiring payment details for Medical Aid or Private Patients)

• The Patient Details Page (for the Patient’s personal and health details)

• The Guardian’s Details Page (required if the Patient is a minor or under legal guardianship)

• The Guarantor’s or Responsible Person’s Page (for individuals responsible for payment; allows auto-population if the Patient is also the Responsible Person/Guarantor)

• This Agreement (Terms and Conditions and Privacy Policy Page)

• Any other page or service specifically designated as part of Dr. R. S. Nene's official service offerings.

For the Dr. R. S. Nene Virtual Telehealth Platform (e.g., direct communications), this Agreement incorporates:

• All official Dr. R. S. Nene messages, SMS texts, emails, and other communications exchanged between the Platform and the Patient, Guardian, Guarantor, or Responsible Person.

• This Agreement (Terms and Conditions and Privacy Policy Page).

3. ACCEPTANCE OF TERMS AND REQUIREMENTS FOR SERVICE

3.1. Implied and Explicit Acceptance: By using any of the Virtual Telehealth Platforms, including but not limited to navigating the website, initiating a chat, sending a WhatsApp message, or placing a call, you are deemed to have read, understood, agreed to, and accepted these Terms and Conditions and our Privacy Policy. Your continued use constitutes ongoing acceptance.

3.2. Requirement to Proceed with Consultation/Prescription: To initiate a consultation with a Medical Practitioner or receive a prescription, the Patient (and, where applicable, the Guardian, Guarantor, and/or Responsible Person) MUST explicitly agree to these terms by:

• Clicking on the "I ACCEPT" button on the Website Virtual Telehealth Platform;

• Replying "YES" to the selected consultation or prescription option and link from the Dr. R. S. Nene Platform; or

• Booking an appointment for a Virtual Telehealth consultation.

By taking any of these actions, you specifically confirm your agreement to:

• These Terms and Conditions.

• The payment of all applicable fees, costs, and charges for services rendered by the Platform.

• Complete, accurately and truthfully, all required details or online registration as requested by the Platform.

Failure to meet these requirements (e.g., incomplete registration, refusal to agree to terms) will result in the Patient not being permitted to proceed with a consultation or receive a prescription. Any consultation or prescription rendered in such circumstances may be considered invalid.

4. REGULATORY COMPLIANCE AND YOUR RIGHTS

4.1. Consumer Protection Act, 2008 (Act No. 68 of 2008), as amended (the "CPA"): This Agreement is subject to the CPA with respect to anyone who qualifies as a "consumer" under the Act. Important: Nothing in this Agreement is intended to, or shall be interpreted to, unlawfully restrict, limit, or avoid any right or obligation created in terms of the CPA for any person who is party to this Agreement. Any clause, term, or condition in this Agreement shall apply only insofar as it complies with the CPA. All clauses are qualified to the extent necessary to ensure compliance with the CPA.

FOR YOUR ATTENTION: Please note that words or phrases in a different colour, bold print, CAPITALIZED, underlined, or italicized are highlighted to draw your attention to their importance, as they may limit risk or liability for the Platform, create risk or liability for you, require or provide some form of indemnification, surety, or guarantee, or serve as an acknowledgment of a fact. PLEASE CAREFULLY CONSIDER AND NOTE THESE IMPORTANT WORDS, TERMS, AND CONDITIONS.

4.2. Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended ("ECTA") & Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended ("POPIA"): This Agreement, the Virtual Telehealth Health Services, all communication, data transfer, and the use of electronic methods for the collection, processing, and storage of information are subject to ECTA and POPIA. The Platform, as a "supplier" under ECTA, has disclosed the prescribed supplier information as detailed in the definition of the Platform (or will be provided in an accessible location, e.g., "About Us" page).

5. CRITICAL DOCTOR AND PATIENT PROVISIONS & LIMITATIONS OF VIRTUAL CARE

5.1. Nature of Virtual Telehealth Services and Emergency Disclaimer: VIRTUAL TELEHEALTH HEALTH SERVICES ARE NOT SUITABLE FOR MEDICAL EMERGENCIES. They are NOT intended to be a replacement for in-person, face-to-face consultations, particularly for urgent or acute conditions. If you are experiencing a medical emergency, you must immediately seek in-person medical treatment by calling emergency services or going to the nearest hospital or emergency department.

5.2. Patient's Responsibility to Seek In-Person Care: The Patient is strongly urged to immediately seek in-person medical treatment if:

• The condition or reason for seeking the Virtual Telehealth Health Service persists despite the consultation.

• The condition changes for the worse.

• Symptoms worsen or new concerning symptoms develop.

5.3. Technological Limitations and Risks: The Patient acknowledges and accepts that the Dr. R. S. Nene Platform and the Virtual Telehealth Health Service may have inherent technological limitations, including but not limited to:

• Possible power loss, power outages, or load shedding.

• Internet or data failures.

• Hardware or software malfunctions.

• Security breaches or data corruption (despite our best efforts to protect your data).

• Limitations of a virtual examination (e.g., inability to perform a physical touch examination). These limitations may impact the quality or availability of the service.

5.4. Patient Representations, Warranties, and Responsibilities: The Patient (and, where applicable, the Guardian, Responsible Person, or Guarantor) hereby represents and warrants to the Platform and the Medical Practitioner that:

• The Patient will fully and truthfully disclose all relevant medical information to the Medical Practitioner, including existing medical conditions, current medications (prescription and over-the-counter), supplements, allergies, and any other treatments being received for the condition that is the subject of the Virtual Telehealth Health Service, consultation, or any other condition relevant to your health. Failure to disclose complete and accurate information may compromise the effectiveness and safety of the consultation and treatment, and the Platform and Medical Practitioner will not be held liable for adverse incidents/effects resulting from such omissions.

• The Patient has deliberately chosen and opted for an electronic medium to consult with the Medical Practitioner, understanding that this creates a Virtual Telehealth healthcare setting and a doctor-patient relationship within the scope and limitations of telehealth.

• The Patient consents to and authorizes the recording of the consultation by and between the Patient and the Platform’s personnel, including, without limitation, the Medical Practitioner. These recordings are for clinical documentation, quality assurance, and compliance purposes. These recordings will be handled in accordance with our Privacy Policy.

• The Patient has the financial means or ability to pay the fees for the services to be rendered by the Medical Practitioner.

• The Patient warrants to always disclose pregnancy, breastfeeding, and known allergy status in every consultation or prescription request with the healthcare providers of Dr. R. S. Nene before receiving any prescription for medication, health scans, scan forms, or medical advice. This disclosure is required regardless of whether this information is explicitly requested. Dr. R. S. Nene and its healthcare providers will not be held liable for any adverse incidents/effects experienced from omission of this critical information.

5.5. Telehealth Consultation Dynamics:

• In telemedicine consultations, the healthcare provider and the patient will be in locations remote from each other.

• Telehealth consultations utilize new and existing technologies, including electronic booking forms, electronic medical records, the recording and sharing of digital imaging and diagnostic results, and interoperable medical devices.

• Both the healthcare provider and patient have specific additional requirements when entering and conducting telehealth and telemedicine (Virtual Telehealth) consultations.

5.6. National Patient Rights Charter and Professional Standards: In terms of the National Patient Rights Charter, the Patient has duties and obligations to share fully their medical circumstances with their healthcare practitioner, which may not be immediately apparent in a Virtual Telehealth consultation. The healthcare providers and Platform recognize that clinical, professional, social, and technological challenges exist in providing Virtual Telehealth consultations. We acknowledge the challenges posed to healthcare providers by the potential for limited access to the necessary enabling technology and tools to provide these consultations in a consistent, reliable, and safe manner. The Platform and all representatives of this practice make every reasonable effort to comply with all applicable laws and regulations relating to the practice of telehealth in South Africa, including the ethical guidelines issued by the Health Professions Council of South Africa (HPCSA).

5.7. Follow-Up Care: Following a telehealth consultation, it may still be necessary for you to attend an outpatient clinic, hospital, or other healthcare site in a timely manner to receive appropriate care as prescribed or recommended by the healthcare practitioner during the Virtual Telehealth consultation. The practitioner will advise you if in-person follow-up is necessary.

5.8. Informed Consent: By accepting these terms and conditions, the Patient (or Guardian, as the case may be) hereby gives or is deemed to have given the requisite written "INFORMED CONSENT" for the provision of Virtual Telehealth Health Services. This consent is provided in terms of the common law, the National Health Act, 2003 (Act No. 61 of 2003), the Regulations and Guidelines promulgated by the Health Professions Council of South Africa in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

This Informed Consent specifically includes your understanding and agreement to:

• The nature and purpose of Virtual Telehealth services and their inherent limitations compared to in-person care.

• The potential risks and benefits of receiving care via telehealth.

• The types of information and communication technologies used.

• That you have the right to ask questions, seek clarification, or withdraw your consent at any time.

• That you have been informed of the possibility that a physical examination may not be possible or sufficient through telehealth, and that you may be advised to seek in-person care if deemed necessary by the Medical Practitioner.

6. DEFINITIONS

To ensure clarity, the following terms have specific meanings when used in this Agreement for the Health Service rendered by a Medical Practitioner and/or other healthcare provider of the Platform:

• "Agreement": Refers to the comprehensive contract between the Platform and you (the Patient, Guardian, Guarantor, and/or Responsible Person). This includes these terms and conditions, as well as all electronic pages, messages, texts, and other links explicitly referenced herein.

• "Guardian": The individual legally responsible for the Patient if the Patient is a minor or under legal guardianship. This includes the Patient’s parent or court-appointed legal guardian, whose details are recorded on the electronic Guardian Details Page or provided via the Dr. R. S. Nene Virtual Telehealth Platform (including telephonic).

• "Guarantor" or "Responsible Person": The individual or entity financially responsible for paying the Platform's invoiced fees for the Virtual Telehealth Health Service rendered to the Patient. This person is recorded as the "Guarantor" on the designated page or provided via the Dr. R. S. Nene Virtual Telehealth Platform (including telephonic). This role may be filled by the Patient themselves, a parent or guardian of a minor, a member of a medical aid scheme, or any other person assuming financial responsibility.

• "Medical Practitioner": A medical doctor or other qualified healthcare provider employed by or contracted with the Platform to provide the Virtual Telehealth Health Service to the Patient on the Dr. R. S. Nene Platform.

• "Patient": The individual receiving the Virtual Telehealth Health Service from a Medical Practitioner or other healthcare professional (e.g., nurse/clinical associate). The Patient's details are recorded on the electronic Patient Details Page or provided via the Dr. R. S. Nene Platform.

• "Platform": Refers to DR. R. S. NENE, operated by Cordeu International Pty Ltd, a private company (CIPC Registration No.: (2025/059757/07)) primarily engaged in the provision of healthcare services.

  • PAIA Manual: Our manual, published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), as amended, is available upon request or on our website [Insert URL if available].

  • Correspondence: All formal correspondence should be marked for: Attention – The Chief Executive Officer.

• "Service Address": The designated physical and electronic mail address provided by the Patient, Guardian, Guarantor, and/or Responsible Person on the applicable electronic pages of the Website Virtual Telehealth Platform or other Dr. R. S. Nene Virtual Telehealth Platforms. This will be our primary address for legal and formal communications.

• "Virtual Telehealth Health Service/Virtual Telehealth Platform": The health or other professional service provided or to be provided by a Medical Practitioner to the Patient on the Dr. R. S. Nene Platform. This includes, but is not limited to, consultations, diagnoses, prognoses, treatments, care, and the prescription of medicine.

• "Dr. R. S. Nene Platform": As the context requires, this refers to any of the Platform's digital and communication channels (website, WhatsApp, phone, etc.) through which the Virtual Telehealth Health Service is delivered.

7. LEGALLY BINDING AGREEMENT

By using our Virtual Telehealth Platform and accepting these terms, you (the Patient, Guardian, Guarantor, and/or Responsible Person) confirm your agreement to be legally bound by these terms and conditions.

Your acceptance, whether by clicking "I ACCEPT," replying "YES," or booking an appointment, constitutes your electronic signature to this Agreement. This action forms a legally binding and enforceable contract between you and the Platform.

Furthermore, by accepting these terms, the Patient confirms that they have provided the necessary written "INFORMED CONSENT." This consent is given in accordance with common law, the National Health Act, 2003 (Act No. 61 of 2003), the Regulations and Guidelines published by the Health Professions Council of South Africa (HPCSA) under the Health Professions Act, 1974 (Act No. 56 of 1974), as amended, and the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002), as amended.

8. BACKGROUND INFORMATION & OPERATIONAL STANDARDS

8.1. Commitment, Complaints, and Compliments

The Platform is committed to providing an efficient, professional, and high-quality service. Your feedback is invaluable to us.

If you (the Patient and/or Guardian) are dissatisfied with our service, please contact us promptly to register your concerns. We aim to address all complaints effectively and fairly.

To register a complaint or provide feedback, please contact us via:

• Email: drrsnene@gmail.com

• Telephone: 060 797 8902

Any complaints against the Platform or its Medical Practitioners concerning ethical or professional conduct will be thoroughly investigated.

8.2. Contact and Communications

The Platform is authorized to contact and communicate with you (the Patient, Guardian, Guarantor, and/or Responsible Person) using the contact details you provide. Communication methods may include:

• Telephonic or mobile communication (calls, SMS)

• Dr. R. S. Nene platform messages (e.g., via WhatsApp)

• Electronic mail (email)

• Postal service or courier service

The Platform reserves the right to choose the most appropriate method of communication based on the nature of the information and urgency. We encourage you to ensure your contact details are always up-to-date.

8.3. Availability of and Access to the Platform and Services

Access to the Dr. R. S. Nene Platform and the Virtual Telehealth Health Service is provided on an "as is" and "as available" basis and is subject to availability.

While we strive for continuous service, the Platform makes no representation or warranty that:

• You will have continuous or uninterrupted access to the Dr. R. S. Nene Platform or the Virtual Telehealth Health Service for the full duration of a consultation.

• The Platform, the Virtual Telehealth Health Service, or the connection to the Medical Practitioner will always be available, fit for any specific purpose, or be entirely secure and reliable.

• The Virtual Telehealth Health Service will strictly conform to exact delivery timelines or booking time slots.

Important Factors Affecting Availability: Our ability to provide uninterrupted service is dependent on external factors beyond our direct control, including:

• Continuous supply of electricity from the electricity grid (e.g., during power outages or load shedding).

• Full operational status of internet and data networks.

• Stability of your own internet connection and device.

Our Commitment: Notwithstanding the above limitations, the Platform will use its best commercial endeavours to make the Virtual Telehealth Health Service available to you at your allotted timeslot and maintain its availability and continuity. All services are provided in good faith, based solely upon the information you provide to the Medical Practitioner.

8.4. Pricing, Fees, and Service Specifics

• Currency: All prices, fees, and costs are quoted in South African Rand (ZAR) and are valid and effective only within the Republic of South Africa at the time of quotation.

• Right to Change: The Platform reserves the right to discontinue or change the prices, fees, costs, and specifications of its products and services from time to time without prior notice. Current pricing will always be available on the Platform's designated pricing page.

• Medical Practitioner Qualifications: The Medical Practitioners associated with the Platform are general practitioners specially trained to render Virtual Telehealth Health Services.

9. BILLING AND PAYMENT OF MEDICAL FEES, COSTS AND CHARGES

9.1. Billing Policy & Fee Structure

The Platform bills for its services in accordance with its detailed billing policy, which you can find on the Landing Page of the Website Virtual Telehealth Platform ([Insert Link Here]). Our rates reflect the experience, skill, and demands placed on our Medical Practitioners. Fees quoted for the Virtual Telehealth Health Service are per consultation.

9.2. Exclusions from Platform Fees

Please note that the Platform’s fees DO NOT INCLUDE the costs of:

• Prescribed medication

• Medical equipment

• Laboratory fees (e.g., blood tests)

• Radiology fees (e.g., X-rays, scans)

• Referrals to other specialist or allied health services (e.g., physiotherapists, psychologists, specialized doctors).

These additional costs, if incurred, will be your separate responsibility.

9.3. Medical Aid Schemes (For Medical Aid Patients)

If you are a Medical Aid Patient, the Responsible Person represents and warrants to the Platform that, both at the time of entering this Agreement and when an account is submitted for payment:

• They are the principal member or a valid dependent of the principal member of the medical aid scheme specified on the electronic page or during online registration.

• All medical aid scheme information provided is true, accurate, and complete.

• All subscriptions and contributions to their medical aid scheme are current and up-to-date.

• They have sufficient medical aid scheme resources or benefits available to cover the Platform’s fees and costs in full.

• They have not resigned from, nor have their benefits been terminated by, their medical aid scheme (this includes the Patient’s coverage).

• They have sufficient cash resources to pay for the Virtual Telehealth Health Service in the event of a shortfall between the amount billed by the Platform and the amount paid by the medical aid scheme, or if the Platform’s invoice is not paid at all by the medical aid.

The Responsible Person authorizes the Platform (though not obliged to do so) to submit the account directly to the Responsible Person’s medical aid scheme for payment on behalf of the Patient, Guardian, Guarantor, and/or Responsible Person.

Important: Understanding Your Financial Liability with Medical Aid

You (the Patient, Guardian, Guarantor, and/or Responsible Person) understand and accept that:

• The fees charged by the Platform may differ from the benefits payable by your medical aid scheme. You are responsible and liable for any co-payment or shortfall resulting from this difference.

• Pre-authorization by a medical aid scheme for a Virtual Telehealth Health Service or any treatment does NOT guarantee payment by the medical aid scheme. You remain fully responsible and liable for any and all amounts not paid to the Platform by your medical aid scheme.

• Your liability for fees and costs due to the Platform is not relieved by the Platform submitting a claim to your medical aid scheme or any other insurer.

Final Liability for Medical Aid Accounts: The Responsible Person remains liable for the full account, regardless of whether the medical aid scheme pays the account in full, in part, or denies the claim. It is your responsibility to ensure all accounts are settled timeously and in full. Failure to do so will result in the Patient, Guardian, Guarantor, and/or Responsible Person becoming personally liable as the principal debtor for any and all amounts due.

9.4. Non-Medical Aid Payments (For Cash/Credit/Debit Card/EFT Payments)

If you are paying via non-medical aid methods, the Responsible Person represents and warrants to the Platform that, both at the time of entering this Agreement and when an account is rendered for payment:

• All information pertaining to the non-medical aid payment method (e.g., bank account holder name, account/card number, bank name, branch code, expiry date, authentication code) is true, accurate, and complete.

• The Responsible Person is fully authorized to use the provided payment method for paying the Platform's fees for the Virtual Telehealth Health Service.

• The Responsible Person and the specified non-medical aid payment method have, and will continue to have, sufficient funds available to cover and pay the invoice rendered by the Platform.

Indemnity for Payment Warranties: THE PATIENT, THE GUARDIAN, THE GUARANTOR, AND/OR THE RESPONSIBLE PERSON HEREBY AGREES TO INDEMNIFY AND HOLD THE PLATFORM HARMLESS AGAINST ANY AND ALL COSTS, EXPENSES, LEGAL FEES, DAMAGES, AND/OR LOSSES INCURRED OR SUFFERED BY THE PLATFORM AS A RESULT OF ANY BREACH OF THE AFOREMENTIONED PAYMENT WARRANTIES. This means if your payment information is incorrect or funds are insufficient, you will be liable for all costs incurred by the Platform to recover the debt.

10. JOINT AND SEVERAL FINANCIAL RESPONSIBILITY

The Responsible Person shall, at all times, remain primarily liable and responsible for the Virtual Telehealth Health Service as rendered and charged by the Platform, whether payment is via medical aid or other methods (e.g., credit/debit card, EFT).

IMPORTANT: JOINT AND SEVERAL LIABILITY NOTWITHSTANDING THE RESPONSIBLE PERSON BEING THE PRIMARY DEBTOR, THE PATIENT, THE GUARDIAN, THE GUARANTOR, AND/OR THE RESPONSIBLE PERSON SHALL, AS CO-PRINCIPAL DEBTORS, BE JOINTLY AND SEVERALLY LEGALLY RESPONSIBLE AND LIABLE FOR THE PAYMENT OF ANY AND ALL CLAIMS OF THE PLATFORM ARISING FROM THIS AGREEMENT AND THE VIRTUAL TELEHEALTH HEALTH SERVICES RENDERED OR TO BE RENDERED BY THE PLATFORM AND ITS MEDICAL PRACTITIONERS.

This means that the Platform may pursue any one of these individuals (Patient, Guardian, Guarantor, Responsible Person) for the full outstanding amount, and that individual will be liable for the entire debt.

10.1. Guarantor's Specific Undertakings

If the Responsible Person acts as a guarantor for the Patient or Guardian, the Responsible Person unconditionally and irrevocably:

• Guarantees and undertakes, as a principal and independent obligation, the due, proper, full, and timeous payment by the Patient or Guardian to the Platform for its account and claim for the Virtual Telehealth Health Service.

• Indemnifies and holds harmless the Platform against any and all loss, liability, damage, taxes, and costs (including, without limitation, legal costs on the attorney and own client scale) arising from any non-payment by the Patient or Guardian.

• Renounces the benefits of the following legal exceptions, acknowledging full understanding of their implications:

  • Simultaneous Citation and Division of Debt: You agree that the Platform does not need to pursue other co-debtors first, and you are liable for the entire debt, not just a proportional share.

  • No Cause of Debt and No Value Received: You agree that you cannot use the defense that there were no grounds for the debt or that you received no value.

  • Revision of Accounts and Errors of Calculation: You agree that you cannot use the defense that the account was wrongly drawn up or calculated without bearing the burden of proof to demonstrate the error.

11. PAYMENT TERMS AND CONSEQUENCES OF NON-PAYMENT

11.1. Payment Due Dates

• Medical Aid Accounts: Must be settled in full within 30 (thirty) calendar days of the invoice date.

• Non-Medical Aid Accounts: Must be paid and settled immediately after receiving the Platform’s invoice and/or online payment link.

11.2. Consequences of Overdue Accounts

If an account is not paid in full by the applicable due date:

• Interest Accrual: The outstanding amount will accrue interest at the higher of:

  • The maximum default (or mora) rate permitted from time to time under the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), as amended.

  • The maximum prescribed interest rate for incidental credit agreements under the National Credit Act, 2005 (Act No. 34 of 2005), as amended.

  • The published prime overdraft rate of the Platform’s bank.

• Debt Collection: The Platform reserves the right to hand over the outstanding account for professional debt collection.

• Credit Bureau Listing: The Platform may, at its sole discretion and in accordance with Regulation 19(4) of the National Credit Act, 2005 (Act No. 34 of 2005), as amended, list the Responsible Person with a credit bureau. This may negatively affect the Responsible Person’s credit profile, and by accepting these terms, the Responsible Person authorizes such listing.

12. GENERAL LEGAL PROVISIONS

12.1. Language of Communication and Proceedings

All correspondence, notices issued under this Agreement, and all legal actions, court, or other proceedings will be written and/or conducted exclusively in the English language.

12.2. Service Address and Notifications

• Your Chosen Address: You (the Patient, Guardian, Guarantor, and/or Responsible Person) choose the Service Address you provide on the applicable electronic page of the Website Virtual Telehealth Platform or other Dr. R. S. Nene Virtual Telehealth Platforms as your official contact and service address for this Agreement.

• Duty to Notify Changes: You undertake to notify the Platform immediately of any change in your contact details and Service Address.

• Consent to Electronic Service: You consent to the service of any and all legal proceedings by electronic mail, courier service, or any other manner permitted by law. The Platform likewise consents to service in the aforementioned manner.

• Proof of Electronic Communication: While we encourage the use of "read receipt" functions for important email communications between parties, please be aware that the successful transmission and delivery of electronic communication can be proven through other electronic records maintained by the Platform, in accordance with applicable laws. [Original "read receipt" clause modified slightly for practicality and legal robustness, as read receipts aren't foolproof.]

12.3. Jurisdiction

You (the Patient, Guardian, Guarantor, and/or Responsible Person) hereby submit and consent to the exclusive jurisdiction of the courts of the Republic of South Africa for any dispute or matter arising out of this Agreement or the Virtual Telehealth Health Service. Specifically, the Durban Magistrates’ or High Court having jurisdiction will preside over such matters.

12.4. Collection/Legal Costs & Expenses

Should the Platform incur any costs in demanding, claiming, collecting, or instituting legal proceedings for amounts owed by you (the Patient, Guardian, Guarantor, and/or Responsible Person) for the Virtual Telehealth Health Service, you agree to pay all such costs. This includes, but is not limited to, tracing costs, debt collector’s fees and commissions, as well as the Platform’s attorney’s and advocate’s fees and disbursements on the attorney and own client scale (the highest scale of legal costs).

12.5. Cession and Assignment

• Platform's Rights: The Platform shall, at all times, have the right to cede (transfer) its rights to demand, recover, claim, and/or receive any and all monies owed to the Platform by you, without needing to notify you.

• Your Rights: You (the Patient, Guardian, Guarantor, and/or Responsible Person) may not cede, delegate, assign, or otherwise transfer your rights and obligations under this Agreement to any other person.

13. Disclaimers

• Risk Acceptance (BOLD/CAPS): The most prominent clause states that use of the platform and services is "ENTIRELY AT THE RISK" of the user(s). This is a very broad disclaimer.

• No Warranties (Express or Implied): The platform and medical practitioner make no representations or warranties of any kind. This is a standard but important exclusion of responsibility for implied guarantees (e.g., fitness for a particular purpose).

• Service Uninterrupted/Error-Free: They do not warrant uninterrupted or error-free service, nor freedom from viruses, spyware, malware, Trojans, destructive materials, or other harmful components. This covers technological risks comprehensively.

• User Acceptance of Risk for Malware: Users accept all risk associated with such destructive materials, SAVE WHERE SUCH RISKS ARISE DUE to the GROSS NEGLIGENCE OR WILFUL MISCONDUCT of the Platform, the Medical Practitioner, its employees, agents, or authorized representatives. This is a crucial carve-out, as it retains liability for the platform in cases of their severe fault. This is generally a fair balance.

14. Exclusion of Liability and Indemnity

• Broad Exclusion of Liability: The platform and medical practitioners "accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage... arising from the access or use of the Virtual Telehealth Platform and/or the Virtual Telehealth Health Service." The "to the extent permitted by law" is vital, as consumer protection laws often limit such broad exclusions.

• No Liability for Non-Improvement/Worsening: Explicitly states the platform/medical practitioners will not be liable for any non-improvement or worsening of medical conditions. This clearly puts the onus on the user to seek in-person care if needed and states no refunds will be given in such cases. This is very important for managing patient expectations in telehealth.

• Exclusion of Liability (Gross Negligence Carve-Out): The platform is not liable for injury, liability, loss, damage, cost, and/or expense... "IN THE ABSENCE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT." This reiterates the important exception for severe fault. It applies to services rendered/omitted, use/reliance on the platform, and third-party links/systems.

• Hold Harmless and Indemnity (BOLD/CAPS): Users HOLD THE PLATFORM AND ITS MEDICAL PRACTITIONER HARMLESS AND UNDERTAKE TO INDEMNIFY THEM against "ALL AND/OR ANY DAMAGES AND/OR LOSSES" incurred by the user as a consequence of services rendered/omitted or use of the platform, SAVE FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT. This is a very strong clause. It means if you (the user) suffer damages related to the service or platform, you agree not to hold them responsible and to compensate them if they face claims related to your use, unless their gross negligence or willful misconduct caused it.

• Waiver of Claims (BOLD/CAPS): Users WAIVE ANY AND ALL CLAIMS they may have against the platform/medical practitioner for damages/losses arising from services rendered/omitted or use of the platform, SAVE FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT. This directly extinguishes the user's right to sue, except for very specific and high bars of fault.

• Limitation of Liability Cap (BOLD/CAPS): Notwithstanding anything else, the liability of the platform and medical practitioner "SHALL NOT AT ANY TIME EXCEED MORE THAN DOUBLE THE MONETARY VALUE OF ANY AMOUNT PAID FOR THE VIRTUAL TELEHEALTH HEALTH SERVICE." This is a hard cap on damages. If you paid R500 for a consultation, their maximum liability to you, even for gross negligence, would be R1000. This is very protective for the platform.

15. Ownership of Patient Records

• Platform Property: All patient records remain the property of the Platform and "shall only be released on demand by an authorised officer of the Platform, subject to the sole discretion of the Platform." This is a highly concerning clause from a patient's rights perspective. While the platform may own the physical medium or the electronic database of records, patients typically have rights to access, copy, and port their medical information. Stating "sole discretion of the Platform" for release is problematic and likely contradicts patient privacy laws and ethical guidelines.

16. Disclosure of Medical Information

• Broad Authorization for Disclosure: Users authorize the use and disclosure of patient's medical and personal information to:

  • Medical aid schemes/insurers for payment.

  • All healthcare providers, healthcare provider partners, and administrators of The Platform. This is extremely broad and potentially gives wide access to sensitive data within the platform's ecosystem.

  • The platform to keep hard/electronic copies.

  • Processing, use, and storage of patient and other user (Guardian, Guarantor, Responsible Person) personal information.

  • The platform to call for and obtain medical information on the patient for diagnosis/treatment.

• Information Scope: Disclosure may include ICD 10 diagnostic codes and clinical information.

17. Privacy of Patient's Medical and Personal Information

• Confidentiality with Exceptions: Information will be kept private and confidential, "Save as otherwise provided for in this Agreement," but may be released "in response to a specific request by a court order, subpoena, law enforcement agency or as otherwise required by law." This is standard for legal compliance.

• Security Measures: The platform states it implements "reasonable security measures" against unauthorized disclosure, as contemplated in POPIA. This is a commitment, but "reasonable" is subjective.

• POPI Policy Referral & Voluntary Provision: Refers users to the separate POPI Policy and confirms that all information is voluntarily provided, thereby consenting to processing, storage, and retention for legal/service purposes.

18. Informed Consent (Detailed List of Information)

• Medical Practitioner's Duty to Inform: This section lists extensive details that a medical practitioner should provide to a patient prior to treatment to obtain informed consent. This includes health status, diagnostic/treatment options, risks, benefits, costs, right to refuse, diagnosis/prognosis, uncertainties, etc. This aligns well with ethical guidelines for medical practice.

• Critical Disclaimer at End: "Please take note that all of the above information will, in most instances, not be applicable to the conditions treated by the Virtual Telehealth Health Service. There will be no obligation on the Medical Practitioner to follow-up on the Patient’s reaction to the Virtual Telehealth Health Service." This significantly limits the extensive list of informed consent requirements by stating they "will, in most instances, not be applicable" to telehealth conditions and explicitly removes any obligation for follow-up. This essentially undermines the preceding detailed list and is very pro-platform.

19. Important Obligations

• Patient/Guardian Warranties (BOLD/CAPS): Users represent and warrant they will:

  • DISCLOSE ALL RELEVANT INFORMATION, NO MATTER HOW TRIVIAL, PERTAINING TO HEALTH AND MEDICAL HISTORY. This is a very strong reiteration of the patient's disclosure duty, making even "trivial" omissions a breach of warranty.

  • Make necessary inquiries from the medical practitioner.

  • Inform the platform of any relevant changes to personal, medical, or financial information.

• Medical Aid Scheme Responsibilities (Detailed): If using medical aid, the user MUST ensure they:

  • Understand medical aid rules/benefits (exclusions, authorizations, tariffs, co-payments).

  • Track limits (savings, day-to-day funds).

  • Obtain necessary authorizations.

  • Confirm the platform has been paid in full. This puts significant administrative burden and responsibility on the user regarding their medical aid.

20. Product and Service Reviews/Publications

• Right to Submit Reviews: Users are "ENTITLED TO SUBMIT" reviews on Dr. R. S. Nene and third-party platforms.

• User Warranties for Reviews: When submitting, users warrant accuracy, originality, SA residency (18+), bona fide use, and that statements are "true and honest depiction." They also agree not to publish defamatory, untrue, or inappropriate material, use employee names, or engage in harassment/bullying, or publish privileged information.

• Platform's Right to Remove/Retract (IRREVOCABLE GRANT): SHOULD ANY OF THESE CONDITIONS NOT BE MET, users IRREVOCABLY GRANT DR. R. S. NENE PERMISSION TO REMOVE AND TAKE STEPS TO REMOVE SUCH PUBLICATION, AS WELL AS AUTHORITY TO ACT ON YOUR BEHALF AND STEAD IN DOING SO. This is an extremely powerful clause. It grants the platform broad, irreversible authority to act as the user's agent to remove negative or non-compliant reviews, even on third-party sites, without further explicit consent.

• Platform's Discretion to Remove (Reasonable Discretion): Reiterates the right to monitor/review and remove (on user's behalf) reviews with "inaccuracies, false and/or misleading allegations."

• Refusal to Make Employee Identity Public: The platform "refuses permission to make public the identity of any employee."

• Grant of Rights to Use Reviews: Submitting a review grants the platform broad rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout DR. R. S. NENE’s marketing channels in any media. User identity will be protected per the privacy policy. Includes right to delete/withdraw publications on user's behalf.

• Removal if Complaint Not Engaged (BOLD/CAPS): WE RETAIN A FULL REASONABLE DISCRETION TO REMOVE ANY PUBLICATION ON YOUR BEHALF AND YOU EXPRESSLY AUTHORISE US TO DO SO, IF YOU HAVE NOT COMMUNICATED AND ENGAGED (IN INSTANCES OF A COMPLAINT) WITH OUR CUSTOMER CARE DEPARTMENT, AND SUCH PUBLICATION IS UNTRUE, INJURIOUS, TO DR. R. S. NENE, ITS EMPLOYEES AND OR AGENTS, GROSSLY MISREPRESENTS THE FACTS, CONTAINS DEFAMATORY STATEMENTS AND/OR INNUENDOS. This is very restrictive on free speech. It essentially creates a "complain to us first or we can remove your review" policy, especially if the review is deemed "untrue, injurious," etc., by the platform.

• Prohibitions: No linking without permission, no duplication/modification of the platform/website, no iframing, no suggestion of endorsement where none exists.

21. Service Delivery, Complaints, and Dispute Resolutions

• Immediate Reporting: Problems should be reported immediately for "immediate and appropriate action."

• Mandatory Internal Resolution First (BOLD/CAPS): This is another extremely important and restrictive clause for users. Users AGREE THAT ALL COMPLAINTS/DISPUTES WILL BE REPORTED WITHIN 2 DAYS FROM THE INCIDENT. Users UNDERTAKE TO PROVIDE THE PLATFORM THE OPPORTUNITY TO RESOLVE INTERNALLY WITHIN 30 DAYS. Crucially, the user FURTHER UNDERTAKES TO NOT PUBLICIZE ANY INCIDENT ON ANY SOCIAL MEDIA, WEBPAGE OR INTERNET OR OTHER PLATFORM BEFORE THE PLATFORM HAS EXPRESSLY PROVIDED THE CLIENT WITH FEEDBACK THAT THE MATTER COULD NOT BE RESOLVED INTERNALLY. This is a gag clause preventing users from airing grievances publicly until the platform has exhausted its internal resolution process, and only if it couldn't be resolved internally. This heavily favors the platform in reputation management.

• Platform Right to Request Evidence: If damages/loss alleged, platform retains the right to request evidence.

• Written Notice for Other Issues: Other service delivery issues require written notice to customer care.

22. Counterparts & Electronic Means

• Standard clauses on the agreement being valid in counterparts and through electronic means.

23. Confirmation

• User Confirmations: This section acts as a final strong affirmation where the user confirms they:

  • Have financial wherewithal.

  • Voluntarily chose the platform.

  • Have read and understood each term, including financial commitment, liability, indemnity, exclusion of liability, and joint/several obligation. This is a robust legal acknowledgement.

  • Had opportunity to review and that terms accurately reflect their position.

  • Are signing voluntarily without pressure.

  • Understand the agreement is legally binding.

  • Are 18+ and have legal capacity. This section is designed to make it very difficult for a user to later claim they didn't understand the terms.

24. General

• Excussion, Set-Off or Counter-Claim: Users do not have the right to defer, adjust, withhold, or apply set-off to any payment and waive their rights of set-off. This is extremely pro-platform, meaning users cannot reduce payments owed based on a counter-claim or dissatisfaction. They must pay the full amount due, then pursue a separate claim.

• Conflict with Law & Severability: Standard clauses ensuring that if any provision conflicts with South African law, it's amended to comply or severed without invalidating the rest of the agreement.

• VAT: Standard VAT clauses (exclusive of VAT, payable upon invoice, right to request VAT invoice).

• Electronic Messaging (Consent for Marketing): Users consent to receiving electronic messages for invoices, agreement copies, account info, and critically, information on affiliated businesses' products/services and promotions/special offers.

• Opt-Out: Users can opt-out of the last two bullet points (marketing) by updating their profile.

25. DISCLAIMERS AND LIMITATIONS OF LIABILITY

25.1. General Disclaimer on Use

YOUR USE OF THE DR. R. S. NENE PLATFORM AND THE VIRTUAL TELEHEALTH HEALTH SERVICE IS ENTIRELY AT YOUR OWN RISK (for the Patient, Guardian, Guarantor, and/or Responsible Person, as applicable).

25.2. No Warranties

The Platform and its Medical Practitioners provide services on an "as is" and "as available" basis. We make no representations or warranties of any kind, whether express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• The Dr. R. S. Nene Platform and/or the Virtual Telehealth Health Service will be uninterrupted, continuous, or error-free.

• The Platform or its communication channels are free from viruses, spyware, malware, Trojans, destructive materials, or other harmful components, data, or code that could corrupt, destroy, compromise, disrupt, disable, harm, jeopardize, or otherwise impede the operation, stability, security, functionality, or content of your electronic devices, computer systems, or networks.

25.3. Acceptance of Technological Risk

To the extent permitted by law, you (the Patient, Guardian, Guarantor, and/or Responsible Person) accept all inherent risks associated with the existence of such viruses, destructive materials, or any other harmful data or code that may affect your devices or systems.

EXCEPTIONS: This acceptance of risk does not apply where such risks arise directly due to the gross negligence or wilful misconduct of the Platform, the Medical Practitioner, its employees, agents, or authorized representatives.

25.4. Exclusion of Liability for Losses

The Platform and its Medical Practitioners accept no liability, to the fullest extent permitted by law, for any direct, indirect, incidental, special, or consequential loss or damage of any kind whatsoever or howsoever caused, arising from your access or use of the Virtual Telehealth Platform and/or the Virtual Telehealth Health Service, or the purchase of any other products or services.

25.5. Limitations Specific to Telehealth Consultations

• No Guarantee of Outcome: The Platform and its Medical Practitioners prescribe medication and offer advice based on your provided clinical questionnaire and in accordance with South African guidelines. We will not be liable for any non-improvement or worsening of medical conditions.

• Your Responsibility for Follow-Up: If there is no improvement or if symptoms worsen after a Virtual Telehealth consultation, the Patient must immediately visit an in-person doctor or emergency department for further healthcare management.

• No Refunds for Outcomes: No refunds will be given based on the outcome of a consultation or the patient's response to treatment.

25.6. General Limitation of Liability (Gross Negligence Exception)

In the absence of gross negligence or wilful misconduct, the Platform shall not be liable for any injury, liability, loss, damage, cost, and/or expense sustained or suffered, directly or indirectly, from whatsoever nature or cause, by the Patient, Guardian, Guarantor, and/or Responsible Person, arising from, as a result of, or as a consequence of:

• The Virtual Telehealth Health Services rendered by the Platform’s Medical Practitioner to the Patient, or any omission thereof.

• The use of or reliance upon the Dr. R. S. Nene Platform, including its website.

• Any linked third-party website, mobile app, device, equipment, or telephonic system.

25.7. User Indemnity and Waiver of Claims

You (the Patient, Guardian, Guarantor, and/or Responsible Person) hereby:

• AGREE TO INDEMNIFY AND HOLD HARMLESS the Platform and its Medical Practitioners against all and any damages and/or losses incurred by you as a consequence of (i) any Virtual Telehealth Health Service rendered or omitted to be rendered; and/or (ii) on or arising from the use of the Virtual Telehealth Platform.

• WAIVE ANY AND ALL CLAIMS you may have against the Platform and its Medical Practitioners for any and all damages and/or losses incurred by you as a consequence of (i) any Virtual Telehealth Health Service rendered or omitted to be rendered; and/or (ii) on or arising from the use of the Dr. R. S. Nene Platform.

EXCEPTIONS: This indemnity and waiver of claims does not apply to damages or losses arising from the gross negligence or wilful misconduct on the part of the Platform or the Medical Practitioner.

25.8. Cap on Liability

Notwithstanding any other provisions contained herein, to the extent permitted by law, the maximum aggregate liability of the Platform and the Medical Practitioner, arising from any breach of this Agreement, negligence, or otherwise, shall not at any time exceed more than double the monetary value of the specific Virtual Telehealth Health Service for which the claim arises.

26. PATIENT RECORDS AND PRIVACY

26.1. Ownership and Access to Patient Records

While the Platform maintains and stores all Patient records as part of its operational responsibilities, these records contain your personal and health information.

Your Rights Regarding Your Records: You have the right to access your medical records and to obtain copies thereof, subject to reasonable administrative fees and legal/ethical guidelines. Requests for records should be made in writing to [Insert specific email for records requests, e.g., drrsnene@gmail.com]. We will process such requests in accordance with the Protection of Personal Information Act (POPIA) and the National Health Act.

26.2. Disclosure of Medical Information

You (the Patient, Guardian, Guarantor, and/or Responsible Person) hereby authorize the use and disclosure of the Patient’s medical and personal information for the following specific purposes:

• To your medical aid scheme and/or other insurers for the purposes of receiving payment for the Virtual Telehealth Health Service rendered by the Platform’s Medical Practitioner.

• To necessary healthcare providers, designated healthcare provider partners, and authorized administrators of the Platform who require access to your information for the provision, coordination, or administration of your healthcare.

• For the Platform to securely keep physical hard copies and/or electronic copies of the Patient’s medical record on file.

• For the processing, use, and secure storage of the Patient’s medical and personal information, as well as the personal information of the Guardian, Guarantor, and/or Responsible Person, as applicable or necessary.

• For the Platform to call for and obtain medical information on the Patient as may be applicable or necessary for the diagnosis and/or treatment of the Patient, strictly with your consent or as legally required.

The medical information so disclosed may include, but is not limited to, ICD 10 diagnostic codes and clinical information relevant to your care and billing. All disclosures will be made in compliance with POPIA.

26.3. Privacy and Confidentiality

Save as otherwise explicitly provided for in this Agreement or our detailed Privacy Policy, the Patient’s medical and personal information will be kept private and confidential. However, this information may be released in response to a specific request by a court order, subpoena, law enforcement agency, or as otherwise required by law.

The Platform takes your privacy and the security of personal information seriously and has implemented reasonable security measures to guard against the unauthorized disclosure of patient information, as contemplated in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), as amended.

Voluntary Provision of Information: You (the Patient, Guardian, Guarantor, and/or Responsible Person) hereby confirm that all information has been and will be voluntarily provided by you. By doing so, you consent to the processing, storage, and retention of such information for the purposes required by law or by the Platform and its Medical Practitioner in order to render the Virtual Telehealth Health Service and facilitate payment.

27. INFORMED CONSENT PROCESS

You (the Patient and/or Guardian) are advised that the Medical Practitioner will, subject to the specific circumstances of the Virtual Telehealth Health Service and its inherent limitations, provide you with information prior to treatment, which may include, among others:

• Your health status, except in circumstances where there is substantial evidence that disclosure would be contrary to your best interests.

• The range of diagnostic procedures and treatment options available for your condition.

• The benefits, risks, costs, and consequences generally associated with each option.

• Your right to refuse health services and an explanation of the implications, risks, and obligations of such refusal.

• The diagnosis and prognosis, and the likely prognosis if the condition is left untreated.

• Any uncertainties about the diagnosis, including options for further investigation prior to treatment.

• Available options for treatment or management of the condition, including the option not to treat.

• The purpose of a proposed investigation or treatment; details of the procedures or therapies involved, including subsidiary treatment such as methods of pain relief; how you should prepare for the procedure; and details of what you might experience during or after the procedure, including common and serious side effects.

• For each option, explanations of the likely benefits and the probabilities of success; and discussion of any serious or frequently occurring risks, and of any lifestyle changes which may be caused or necessitated by the treatment.

• Advice as to whether or not the proposed treatment is experimental.

• How and when your condition and any side effects will be monitored or re-assessed.

• The name of the Medical Practitioner who will have overall responsibility for the treatment and, where appropriate, names of the senior members of his or her team.

• Whether students will be involved, and the extent to which students may be involved in an investigation or treatment.

• A reminder that you can change your mind about a decision at any time.

• A reminder that you have a right to seek a second opinion.

• The details of costs or charges which you may have to meet.

Important Considerations for Virtual Telehealth: Please be aware that not all the above information may be fully applicable or exhaustively covered in a brief Virtual Telehealth consultation, especially for simple or routine conditions. The scope of information provided will be tailored to the specific nature and limitations of the Virtual Telehealth Health Service being rendered. While the Medical Practitioner will provide advice on necessary follow-up, there will typically be no ongoing obligation on the Medical Practitioner to proactively follow up on the Patient’s reaction to the Virtual Telehealth Health Service unless a specific follow-up appointment is scheduled.

28. IMPORTANT PATIENT OBLIGATIONS

You (the Patient and/or Guardian) REPRESENT AND WARRANT that you will:

• DISCLOSE TO THE MEDICAL PRACTITIONER ANY AND ALL RELEVANT INFORMATION, NO MATTER HOW TRIVIAL, pertaining to your current health and past medical history that may have a bearing on the Health Service to be rendered. This includes, but is not limited to, any allergies, existing conditions, and current medications. Full and accurate disclosure is vital for your safety and effective care.

• Actively engage by making any necessary inquiries from the Medical Practitioner during the consultation.

• Inform the Platform promptly of any relevant changes to your personal, medical, and/or financial information or circumstances.

Additional Responsibilities for Medical Aid Patients: If you intend to make payment through your medical aid scheme, you must ensure that you:

• Fully understand the rules and benefits of your medical aid scheme, including but not limited to exclusions, authorization requirements, visit limits, tariffs, and co-payments.

• Actively track your limits, including savings and available day-to-day funds.

• Obtain the necessary authorizations as and when required by your medical aid scheme.

• Confirm that the Platform has been paid its account in full by your medical aid scheme.

29. PRODUCT AND SERVICE REVIEWS/PUBLICATIONS

You are entitled to submit reviews/publications about your experience with Dr. R. S. Nene, its services, and products, including on third-party websites and other related forums and platforms. You understand that your publication will be easily accessible to the general public.

When you submit a review or publication, you agree and warrant that:

• All review(s) and publications submitted will be accurate and truthful.

• Your review/publication is original and was created by you.

• You are a resident of South Africa and at least eighteen (18) years of age.

• You are/were a bona fide user of our website, products, and/or services.

• The statements you make in your review/publication reflect a true and honest depiction of your experience and related facts.

• Any publication will not contain any defamatory, untrue, or inappropriate material, innuendos, or statements.

• You will refrain from using any of our employees’ names and identities, and also refrain from any harassment or bullying.

• Any privileged information that may become known to you in terms of this Agreement shall not be published.

29.1. Platform's Rights Regarding Publications

Should any of the foregoing conditions not be met, you irrevocably grant Dr. R. S. Nene permission to remove and take steps to remove such publication. You also grant us authority to act on your behalf and stead in doing so, which includes engaging and duly instructing third parties to whom the publication was made or who are co-publishers, as circumstances may dictate, to remove/retract such publication. Any withdrawal instruction to a third party shall be deemed to be specifically authorized by you.

Dr. R. S. Nene shall have the right (but not the obligation) to pursue any one or more of the following actions regarding your review(s) and/or publications:

• We reserve the right to monitor/review and, on your behalf, remove your service-related review/publication (including those submitted to third parties) if, in our reasonable discretion and opinion, it contains any inaccuracies, false, and/or misleading allegations or statements.

• Dr. R. S. Nene may take steps to remove and restrict such publication, which you irrevocably give Dr. R. S. Nene permission to do.

• Dr. R. S. Nene hereby refuses permission to make public the identity of any employee, agent, or person employed by Dr. R. S. Nene without their express consent.

• By submitting a review and/or publication to/about Dr. R. S. Nene (including to any third-party), you grant us the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout Dr. R. S. Nene’s marketing channels in any media. Your identity will be protected in terms of our privacy policy. This permission includes the right to delete and withdraw any publication on your behalf, whether such publication is made to any third party or not.

Removal for Unresolved Complaints: WE RETAIN THE RIGHT TO REMOVE ANY PUBLICATION ON YOUR BEHALF, AND YOU EXPRESSLY AUTHORIZE US TO DO SO, IF YOU HAVE NOT FIRST COMMUNICATED AND ENGAGED WITH OUR CUSTOMER CARE DEPARTMENT REGARDING A COMPLAINT, AND SUCH PUBLICATION IS UNTRUE, INJURIOUS TO DR. R. S. NENE, ITS EMPLOYEES AND/OR AGENTS, GROSSLY MISREPRESENTS THE FACTS, CONTAINS DEFAMATORY STATEMENTS AND/OR INNUENDOS (INCLUDING ELECTRONIC AND INTERNET-BASED PUBLICATIONS).

29.2. Prohibitions on Linking and Duplication

• Do not link to the Platform and its website without express prior permission from Dr. R. S. Nene.

• It is prohibited to duplicate or modify the Platform or website content or design.

• It is prohibited to iFrame or display the website or platform on external sites, apps, or electronic mediums without authorization.

• Do not suggest any form of association, approval, or endorsement on our part where none exists.

30. SERVICE DELIVERY, COMPLAINTS, AND DISPUTE RESOLUTION

30.1. Reporting Problems

Any problems related to service delivery should be reported immediately. Prompt reporting enables us to take immediate and appropriate action to address your concerns.

30.2. Internal Dispute Resolution Process

To facilitate effective resolution, you and Dr. R. S. Nene hereby agree to the following process for all complaints and/or disputes:

• All complaints and/or disputes must be reported to Dr. R. S. Nene within 2 (two) calendar days from the incident date.

• You undertake to provide Dr. R. S. Nene with the opportunity to resolve the reported complaint/dispute internally. We commit to utilizing all necessary measures to resolve the matter within 30 (thirty) calendar days from the date of receiving your report.

• You further undertake not to publicize any incident on any social media, webpage, internet, or other public platform before Dr. R. S. Nene has expressly provided you with written feedback confirming that the matter could not be resolved internally, or that the 30-day resolution period has elapsed without resolution. This clause is intended to facilitate an amicable resolution process directly between you and the Platform.

30.3. Evidence for Alleged Damages

If any damages or loss are alleged and reported by you, Dr. R. S. Nene retains the right to request that you provide sufficient evidence to substantiate such claims.

30.4. Contact for Service-Related Issues

For any service delivery related issues, please send a written notice to our customer care department at drrsnene@gmail.com.

31. COUNTERPARTS & ELECTRONIC MEANS

This Agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Delivery of the original counterpart shall not affect the validity and enforceability of any counterpart or the Agreement as a whole.

This Agreement may also be entered into by electronic means by accepting its terms electronically and shall in no way affect the validity and enforceability of this Agreement.

32. USER CONFIRMATION AND ACKNOWLEDGEMENT

By accepting this Agreement, you (the Patient, Guardian, Guarantor, and/or Responsible Person) hereby confirm that, where applicable:

• You have the necessary financial wherewithal or ability to pay the Platform its fees, costs, and charges upon receipt of the invoice.

• You have of your own volition chosen the Platform for consultation.

• You have read and understood each of the terms of this Agreement, including, but not limited to, your financial commitment and liability, the indemnity and exclusion of liability clauses, and the joint and several obligation to make payment of the Platform’s fees, costs, and charges.

• You have had the opportunity to review these terms and conditions and confirm that they accurately reflect your position.

• You are signing this Agreement voluntarily, without being forced, influenced, pressured, or harassed to do so.

• You understand and accept that this Agreement is legally binding on you.

• You are at least 18 (eighteen) years of age and possess the legal right, capacity, and ability to enter into a legally binding agreement with the Platform.

33. GENERAL PROVISIONS

33.1. Exclusion of Set-Off or Counter-Claim

You (the Patient, Guardian, Guarantor, and/or Responsible Person) agree that you will not and do not have the right to defer, adjust, withhold, and/or apply set-off to any payment due to the Platform under or arising out of this Agreement. To this extent, you hereby waive your rights of set-off. This means payments must be made in full, and any disputes or counter-claims must be pursued separately.

33.2. Conflict with Law & Severability

• Compliance with SA Law: Insofar as any provision in this Agreement conflicts with any of the laws of the Republic of South Africa currently in force, such provisions will be deemed to be amended only to the extent necessary to comply with such laws.

• Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will in no way be affected or impaired thereby, and this Agreement will remain in full force and effect. Any provision which is or may become illegal, invalid, or unenforceable will be ineffective to the extent of such prohibition or unenforceability and will be treated as pro non scripto (meaning as if not written) and severed from the balance of this Agreement, without invalidating the remaining provisions or affecting the validity or enforceability of such provision.

33.3. Value Added Tax ("VAT")

Unless otherwise specifically stated that the amount concerned is inclusive of VAT, all amounts provided for in this Agreement or for the Virtual Telehealth Health Service will be exclusive of VAT (if applicable). Any VAT chargeable will be added to such amount/payment and will be payable by the Responsible Person. Any or all VAT will become due for payment and must be paid forthwith against payment of the invoice for such goods and/or services rendered by the Platform. VAT will be charged, at the prevailing rate, on all products acquired and services rendered. The payor of the Platform’s invoice will be entitled to request a VAT invoice.

33.4. Electronic Messaging Consent

In addition to the terms pertaining to contacting and communicating with you, you (the Patient, Guardian, Guarantor, and/or Responsible Person) hereby consent, authorize, and instruct the Platform to send electronic messages to your electronic messaging media (including personal computers and/or mobile/cellular phones) at any of the electronic mail addresses and contact details you supply. The Platform is entitled (but not obliged) to:

• Furnish you with the Platform’s invoice.

• Furnish you with a PDF copy of this Agreement.

• Communicate information regarding your account or records.

• Inform you of any available products and services of businesses affiliated with the Platform.

• Inform you of promotions and special offers of businesses affiliated with the Platform.

Opt-Out for Marketing: You may opt out of receiving messages related to "affiliated businesses' products/services" and "promotions and special offers" (the last two bullet points above). To do so, please advise the Platform in writing by updating your profile on the appropriate electronic media channel provided by the Platform, if applicable.