Terms & Conditions

When a user applies for and is granted permission to use the Web Site, he agrees to be bound by these Terms & Conditions of Use, as amended from time to time.

Definitions

Unless the context indicates otherwise, terms used in these Terms & Conditions have the following meanings.

    • “Agreement” refers to the relationship based on these Terms & Conditions which come into existence between Medical Check and a user of the Web Site when he applies for the right to do so and it is granted to him.
    • “Consumer” means a consumer as defined in Section 1 of the NCA, more particularly a consumer of medical credit.
    • “Data” – the words “Data and information” are used interchangeably in these Terms & Conditions.
    • “Medical Check” refers to the closed corporation, Medical Check CC, registered as such under registration number 2008/185201/23, having its main place of business at The Ridge Office, C/O Koedoesnek and Grysbok Streets, Waterkloof Ridge, Pretoria .
    • “Services” means the services rendered by Medical Check to all subscribers and Consumers who use the Web Site.
    • “Medical Credit” is the credit on account which Subscribers provide to Consumers.
    • “Medical Credit Information” means information as set out in Section 70 of the NCA, particularly regarding consumer’s non fulfilment of their obligations to Subscribers. The information is captured only on the Web Site, but not on the lists of the various Credit Bureaux.
    • “NCA” refers to the National Credit Act no 34 of 2005, as amended.
    • “Prescribed Purpose” of the Web Site is for Medical Check to act as agent for Subscribers to collect and provide Medical Credit information, so as to counteract the appearance of “Doctors hopping”, and to assist Consumers to avoid over indebtedness (Section 79 (1) and 80 of the NCA). Medical Check is not a debt collecting agency, but notice to a Consumer that his name is included in the Web Site may stimulate him to pay his debt to the Subscriber.
    • “Subscriber” means any practitioner in the various medical fields, and includes clinics, hospitals, pharmacies etc and can be private or juristic persons, who have been granted a username and password.
    • “Transaction” means each separate occasion that a Subscriber or Consumer accesses into the Web Site.
    • “User” means a Subscriber or Consumer who makes use of the Web Site.
    • “Username & Password” means that combination of alphanumeric characters that are allocated to each Subscriber and are intended to provide a safe and secure way of accessing the Medical Check Information.
    • “Web Site” means http://www.medicalcheck.co.za and includes any derivatives thereof.

Appointment

When signing in as a Subscriber (which incorporates these Terms & Conditions) a Subscriber enters into an agreement, by which he appoints Medical Check as his agent to procure Medical Check Services. The agreement is completed when Medical Check allocate to the Subscriber a username and password.

Commencement & Duration

The agreement begins on the date that Medical Check allocate to the Subscriber an username and password and it continues until either party terminates the agreement as detailed in paragraph 8 of these Terms & Conditions.

Fees

  • The standard monthly subscription fee will be for the network connection and a once off administration fee as mentioned in the web site, payable by debit order. A minimum period of subscription of three months will apply and cancellation will only be accepted in writing, with a one month notice period to be applied.
  • Medical Check will or can increase the fees payable for the Medical Check Services and will provide the Subscriber with 30 (thirty) calendar days notice of the increase in fees, which notice may be provided electronically.

Use of Subscriber Data sent to Medical Check

The Subscriber acknowledge and agrees

  • data supplied by him regarding a Consumer may be monitored by Medical Check as to the accuracy thereof,
  • if data so supplied is incorrect, Medical Check does not incur legal liability for such information,
  • the Subscriber will be solely liable to all actions for incorrectness of information supplied by him.

Use of Data sent to a Subscriber

  • Information released by Medical Check to a Subscriber shall in no way be considered as an opinion or reflection by Medical Check on the solvency, financial standing, creditworthiness, integrity or notices of a consumer, but merely reflects the recording of information.
  • The Subscriber undertakes that he will use the Medical Credit Information supplied to him only for the Prescribed Purpose as fully described in the Web Site.
  • Medical Check will communicate Medical Credit Information received to the Consumer to whom it applied and grant him opportunity to correct or amend such information by submitting reliable proof for such correction or amendment.

Confidentiality & Privacy

  • The fundamental relationship of confidentiality between a Subscriber and a Consumer is disrupted when, as a result of a Consumer’s default, the Subscriber exercises his legal right to refer the matter for legal action. A Subscriber does not forfeit this right when subscribing to Medical Check.
  • As a result of legal action against him, a Consumer can end up in a situation that he is barred from access to credit in general.
  • Except for Service to Subscribers confidential information between a Subscriber and Consumer will not be disclosed to any unauthorised third parties, nor that will it lead to the situation where a Consumer is barred from access to credit in general.
  • All payment information and personal information provided to Medical Check is stored electronically and only be able to be accessed by Medical Check employees and agents.
  • The Subscriber will abide by the Terms of this Agreement and particularly warrants that he will honour the undertakings set out herein.
  • Medical Check does not warrant and/or guarantee the accuracy or correctness information supplied to them by Subscribers and any inaccuracies or incorrectness remain the full responsibility of the Subscriber.

Termination

  • A Subscriber can terminate this agreement by 30 days written notice of his intention to do so to Medical Check.
  • In the event of a Subscriber’s beach of any terms of this agreement, Medical Check will be entitled to cancel the agreement with immediate effect by notice in writing, without prejudice to any of its other rights, which includes any right to damages and indemnification.

Liability for technical failure

Due to the complexity and sensitivity of technical instruments and apparatus, Medical Check does not guaranty error-free performance or delayed service and cannot be held liable for any damages whatsoever that may result from technical failure.

Copyright

These Terms & Conditions are wholly the property of Medical Check and may not be copied, quoted are reproduced in any form without the written permission of Medical Check.

Addresses

The parties chose their domicillium sitandi et executandi addresses as follows:

  • The Subscriber and Consumer as found on the registration page,
  • Medical Check CC – as set out in paragraph 1.4 of these Terms and Conditions.
  • Whenever a party changes his address written notice thereof must be given to the other party. If a party fails to give such notice, any communication to him at his abovementioned domicilium citandi et executandi will be regarded as sufficient.
 
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