Terms of Service

1. Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you and MedConsult (Pty) Ltd, a private company registered in South Africa ("MedConsult", "we", "us", "our"), governing your access to and use of the MedConsult practice management platform available at medconsult.africa and any associated services (the "Platform").

By creating an account, accessing or using the Platform, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

These Terms apply to all users of the Platform, including doctors, practice owners, practice staff (receptionists, nurses, administrators), and patients (collectively, "Users").

2. Nature of Service

MedConsult is a practice management software platform that provides tools for:

• Electronic patient record-keeping
• Appointment scheduling and management
• Generation of medical certificates, prescriptions and invoices
• Medical aid claim management
• Patient communication and telehealth facilitation
• Multi-doctor practice and team management

3. Eligibility

3.1 Doctors and Practice Staff

To register as a doctor or practice owner on MedConsult, you must:

• Be a registered medical practitioner with the Health Professions Council of South Africa (HPCSA) in good standing, or operate a practice that employs such practitioners
• Provide accurate HPCSA registration and practice numbers
• Be 18 years of age or older
• Be legally capable of entering into binding contracts under South African law

For receptionists, nurses and practice administrators, you must be employed by or contracted to a registered practice and authorised by the practice owner to access the Platform.

3.2 Patients

To register as a patient, you must be 18 years of age or older. Patients under 18 may use the Platform only through their legal guardian's account. Treating practitioners are responsible for ensuring that patient consent is properly obtained in accordance with the National Health Act.

3.3 Verification

We may at any time require verification of HPCSA registration, practice numbers, identity documents or other credentials. Providing false information is grounds for immediate termination.

4. Accounts

4.1 Account Creation

You must provide accurate, current and complete information during registration and keep your account information updated.

4.2 Account Security

• You are responsible for maintaining the confidentiality of your password and account credentials
• You must not share your account with any other person
• You must notify us immediately of any unauthorised access or suspected breach
• We strongly recommend enabling two-factor authentication where available

4.3 Account Responsibility

You are responsible for all activity that occurs under your account. MedConsult is not liable for any loss or damage arising from your failure to comply with these security obligations.

5. Your Obligations

5.1 Medical Practitioners

As a registered medical practitioner using the Platform, you agree that:

• You remain solely responsible for all clinical decisions, diagnoses, prescriptions and treatments
• You will comply with all HPCSA ethical rules, guidelines and CPD requirements
• You will obtain appropriate informed consent from patients before any consultation, including telehealth consultations conducted via WhatsApp through the Platform
• You will maintain accurate, contemporaneous patient records in accordance with the National Health Act and HPCSA guidelines
• You will retain patient records for the legally required minimum period (typically 6 years from last consultation, 10 years for minors)
• You will not issue sick notes, prescriptions or certificates fraudulently or for purposes other than legitimate clinical need
• You will comply with all applicable medical aid scheme rules when submitting claims
• You are responsible for verifying patient identity, particularly for telehealth consultations

5.2 Practice Owners

If you register a practice, you additionally agree that:

• You are authorised to bind the practice to these Terms
• You will ensure all practice staff comply with these Terms
• You will configure appropriate role-based access for your team members
• You will pay all subscription fees when due
• You will promptly remove access for staff members who leave the practice

5.3 Receptionists, Nurses and Administrators

If you are not a registered medical practitioner, you agree that:

• You will not access, view or attempt to access clinical records, diagnoses, prescriptions or sick notes
• You will use the Platform only for the role and tasks assigned to you by your practice
• You will treat all patient information as confidential
• You will not impersonate a medical practitioner

5.4 Patients

As a patient, you agree that:

• You will provide accurate medical history, allergy and contact information
• You will use the Platform only to access your own records
• You will not share your account credentials with anyone
• You acknowledge that the Platform is not for medical emergencies — in an emergency call 10177 or visit the nearest emergency room

6. Prohibited Use

You must not, and must not permit any third party to:

• Use the Platform for any illegal, fraudulent or unauthorised purpose
• Issue false or misleading medical certificates, prescriptions or claims
• Attempt to access data belonging to other users without authorisation
• Attempt to bypass security controls, including role-based access restrictions
• Reverse-engineer, decompile or disassemble the Platform
• Use automated systems (bots, scrapers) to access the Platform without our written permission
• Upload viruses, malware or other harmful code
• Resell, sublicense or commercially exploit the Platform without our written consent
• Use the Platform to harass, defame or harm other users
• Violate any South African law including POPIA, the Medical Schemes Act, or HPCSA ethical rules

Violation of these prohibitions may result in immediate account suspension or termination, and may be reported to relevant authorities including the HPCSA, the Information Regulator, the Council for Medical Schemes, or the South African Police Service.

7. Subscriptions & Billing

7.1 Subscription Plans

MedConsult offers the following subscription plans:

Prices are in South African Rand and inclusive of 15% VAT. We reserve the right to change pricing on 30 days' written notice.

7.2 Free Trial

All new subscriptions include a 30-day free trial. No payment is required during the trial period. Your subscription will automatically convert to a paid plan at the end of the trial unless you cancel before then.

7.3 Billing

• Subscriptions are billed monthly in advance via recurring debit through PayFast
• Billing begins at the end of the free trial period
• You authorise us to charge your payment method automatically on each billing date
• If a payment fails, we will retry the payment and notify you. Repeated failed payments may result in account suspension

7.4 Taxes

You are responsible for any applicable taxes other than the 15% VAT included in our pricing.

8. Cancellation & Refunds

8.1 Cancelling Your Subscription

You may cancel your subscription at any time through your account settings or by emailing us. Cancellations take effect at the end of the current billing period — you will retain access until then.

8.2 Refunds

We do not provide refunds for partial months. However, in accordance with the Consumer Protection Act, 2008, you are entitled to a full refund within 7 business days of your first paid subscription payment if you are not satisfied with the service.

8.3 Data after Cancellation

Upon cancellation:

• Your data remains accessible for 30 days in read-only mode, allowing you to export records
• After 30 days, your account will be deactivated
• Patient clinical records will be retained in accordance with the retention periods in our Privacy Policy and applicable law, even after your account is deactivated, to ensure compliance with the National Health Act
• You remain responsible for ensuring continuity of patient care, including providing patients with copies of their records on request

9. Intellectual Property

9.1 Our Intellectual Property

The Platform, including all software, design, content, trademarks, logos and documentation, is owned by MedConsult or our licensors and protected by South African and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for its intended purpose during your active subscription.

9.2 Your Data

You retain all rights, title and interest in the data you input into the Platform, including patient records, documents and clinical information ("Your Data"). You grant MedConsult a limited licence to process Your Data solely for the purpose of providing the Platform service.

9.3 Feedback

If you provide suggestions, feedback or feature requests, you grant us a non-exclusive, royalty-free, perpetual licence to use that feedback to improve the Platform.

10. Medical Disclaimer

10.1 No Medical Liability

MedConsult bears no responsibility for:

• Clinical decisions made by practitioners using the Platform
• The accuracy or appropriateness of diagnoses, prescriptions or treatments
• Patient outcomes, including adverse outcomes
• Errors in clinical content entered by practitioners
• The professional conduct of practitioners using the Platform

10.2 Emergency Notice

The Platform is not designed or intended for medical emergencies. In an emergency, contact emergency services on 10177 (South Africa) or attend the nearest emergency room. Do not use the Platform's appointment booking system or messaging features for urgent medical conditions.

11. Limitation of Liability

To the maximum extent permitted by South African law:

• The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, except as required by the Consumer Protection Act
• MedConsult shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, data, goodwill or business opportunity
• Our total aggregate liability to you for all claims arising from or relating to the Platform shall not exceed the total amount paid by you to MedConsult in the 12 months preceding the claim
• These limitations apply regardless of the legal theory of the claim, including contract, delict (tort), negligence, strict liability or otherwise

Nothing in these Terms limits liability that cannot be limited under South African law, including liability arising from our gross negligence or wilful misconduct.

12. Indemnity

You agree to indemnify, defend and hold harmless MedConsult, its directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising from:

• Your use of or access to the Platform
• Your violation of these Terms
• Your violation of any law or third-party right
• Clinical decisions you make as a medical practitioner using the Platform
• Disputes between you and your patients, employees or other third parties
• Any content you upload, create or share through the Platform

13. Termination

13.1 Termination by You

You may terminate your account at any time as described in Section 8.

13.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You materially breach these Terms
• You engage in fraudulent or illegal activity
• Your HPCSA registration is suspended, withdrawn or expires
• You fail to pay subscription fees after notice
• We are required to do so by law or court order
• We discontinue the Platform (with reasonable notice)

13.3 Effect of Termination

Upon termination, your right to use the Platform ends immediately. Sections that by their nature should survive termination (including Sections 9, 10, 11, 12, 14, 15) will continue to apply.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal dispute resolution, please contact us at legal@medconsult.africa to attempt to resolve the matter informally. We will respond within 14 business days.

14.2 Mediation

If informal resolution fails, disputes shall first be referred to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA) or similar reputable mediation body in Johannesburg, South Africa.

14.3 Arbitration

If mediation fails, disputes shall be finally resolved by arbitration in accordance with the rules of AFSA. The arbitration shall be conducted in English in Johannesburg.

14.4 Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. The South African courts have exclusive jurisdiction over any matters not subject to arbitration, including urgent interdicts and enforcement of arbitration awards.

14.5 Consumer Rights

Nothing in this Section limits your rights as a consumer under the Consumer Protection Act, 2008, including your right to approach the National Consumer Commission or the National Consumer Tribunal.

15. General

15.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and MedConsult regarding the Platform and supersede any prior agreements.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets.

15.5 Changes to Terms

We may update these Terms from time to time. For material changes, we will notify you via email at least 30 days before the changes take effect. Your continued use after the effective date constitutes acceptance of the updated Terms.

15.6 Force Majeure

Neither party will be liable for delays or failures due to events beyond reasonable control, including natural disasters, internet outages, power failures, acts of government, or pandemics.

15.7 Notices

Notices to you may be sent via email to the address on your account. Notices to us must be sent to legal@medconsult.africa with a copy to our registered postal address.

16. Contact

By using MedConsult, you acknowledge that you have read, understood, and agreed to these Terms of Service.