STANDARD SUBSCRIPTION TERMS CONDITIONS & TERMS AND CONDITIONS OF USE
Hello Doctor is an electronic sales platform designed to promote a better understanding, knowledge and awareness of health care, acting as an interface between yourself (the “User”) and health practitioners in South Africa; presenting you with a greater choice of and access to various health care topics, as well as the opportunity to communicate with registered medical practitioners to discuss all your health care related questions.
The Hello Doctor Services (“Hello Doctor Services”) include:
- Text a Doctor which entitles a User to private and confidential one-on-one health text messages to and from a doctor; or
- Talk to a Doctor which entitles a User to 24/7 direct telephonic access to a doctor anytime, anywhere, by logging a request for the next available health practitioner to contact a User; or
- Health Tips, which comprises health information or messages written, vetted and localised by doctors, sent to the User by means of SMS’s or notifications via the Hello Doctor App; or
- Symptom Checker, which assists a User in determining a health condition based on symptoms experienced;
These services may be reviewed, updated, added to and/or removed by Hello Doctor from time to time, meaning that the above list of services is not exhaustive and that this definition will be varied from time to time to bring it in line with the current services offered by Hello Doctor.
The Hello Doctor Services are not intended nor suited to be a replacement or substitute for professional medical advice, consultation, examination, diagnosis or treatment relative to a specific medical question or condition. All information obtained by a User on, through and/or by means of the Hello Doctor Services, is for informational and educational purposes only.
HOW DO I SUBSCRIBE FOR THE HELLO DOCTOR SERVICES?
Access by Users to the Hello Doctor Services will differ based on whether a User is making use of or subscribing to the services on or through the following subscription channels (“Subscription Channels”):
- Hello Doctor Website
- Hello Doctor Voucher
- Third Party Benefit Programme (See the Hello Doctor Partner Page on the website)
- Hello Doctor Call Centre
The User will not be entitled to access of a Hello Doctor Service for which the User is not subscribed to and/or has not paid for.
The User will be required to accept these terms and conditions, which includes the Terms and Conditions of Use, before subscribing for the services.
All subscriptions are subject to the approval of Hello Doctor in its discretion. Hello Doctor will have the unfettered right to accept or reject an offer for any of its services, made by a User. Hello Doctor will be entitled to take steps to restrict or suspend the services to a User who misuses the Hello Doctor services.
FREE HELLO DOCTOR TRIAL PERIOD
Users subscribing to the Hello Doctor Services (except Users subscribing through a Third Party Benefit Programme who have free use of Services at all times) will be given a 7 (seven) day free trial period. Should the User wish to continue with the Hello Doctor Services after the free trial period, then subscription fees will become due from day 8 (eight) being the day following the free trial period.
SELECTED HELLO DOCTOR SERVICES
The availability of a selected Hello Doctor Service and the applicable subscription fee payable will
be determined by:
- the Subscription Channel through which the selected service is subscribed for; and/or
- the selected service subscribed for.
To the extent Hello Doctor makes special promotions or vouchers available, from time to time, the
services sold under such special promotions or vouchers will be subject to certain additional
conditions, including availability and limited-offer stipulations.
The User represents and warrants to and in favor of Hello Doctor that he or she:
- has carefully read the terms and conditions and each of the additional terms and conditions
that may apply to the applicable selected Hello Doctor Service; and
- is over the age of 18 (eighteen);
- understands the financial commitments in subscribing for the service; and
- is and will at all material times be in a financial position to meet his or her obligations under
this Agreement; and
- is authorised to use such mobile or other electronic device or payment card to make
payment, as the case may be, and that there are sufficient funds available to pay for the
The User hereby specifically represents and warrants to and in favour of Hello Doctor that all
information offered, proffered, provided, discussed with and/or communicated to any health
practitioner whilst making use of a selected service will be absolutely true and correct in every
respect and regard – hereby acknowledging the importance as to the serious consequences if such
information is not as represented and warranted.
Subject to any and/or all applicable laws, Hello Doctor makes no warranty or representation,
whether expressly or implicitly:
- about any component of a selected Hello Doctor Service, or that the User will be able to
have access to or continue to have access to the service or that such access will be
continuous and/or uninterrupted; and/or
- as to the quality of reception by the User of the service, or any aspect thereof, as Hello
Doctor cannot be responsible or liable for electronic media or conveyance through, on
and/or via such electronic means as these factors are and will be beyond its control; and/or
- that the software used to provide the selected service including any software applications,
is virus or error-free, flawless or without fault; and/or
- that the services will at all times be free of errors or interruptions, be always available, fit
for any purpose, not infringe any third party rights, be secure and reliable, or will conform
to its delivery timeline requirements; and
- Hello Doctor will use its reasonable endeavors to make its services and products available
to the User and to maintain the availability thereof on the understanding that such services
are provided on an “as is” and “as available” basis.
Hello Doctor, in the absence of its gross negligence or wilful misconduct will not be liable
to any person for the content of and/or the use of materials constituting the selected service
whether provided by Hello Doctor or a third party.
PAYMENT & PAYMENT METHODS
- All payments must be made on a pre-paid basis, meaning that subscription fees must be
paid in advance and prior to making use of the selected Hello Doctor Service.
- To the extent the User wishes to make use of any extended payment method (debit order,
credit card or airtime billing payments), such payments will be made on a continual
commitment basis, meaning that the User is committed for and to the full extent of the
subscription period by means of the monthly debit order, recurring credit card payment,
airtime billing options or such other additional recurring payment options that may from
time to time be provided for by Hello Doctor.
- The User, by selecting the method through which he or she wishes to pay (including but not
limited to the debit order bureau used by Hello Doctor from time to time), appoints,
authorises and/or instructs, as the case may be, such person as his or her agent to give
effect to such payment, and, as such, remains responsible and liable for such payment to
Hello Doctor – hereby assuming the risk that payment will be duly and fully made to Hello
- The User, in the event of a debit order or other similar electronic payment, hereby
authorises Hello Doctor and its affiliates to debit the User’s bank account between the 1st
(first) and last lay of each month for all and/or any fees, costs, charges and taxes owed by
the User in terms of this Agreement. In this regard, Hello Doctor and its affiliates will be
entitled, authorised and instructed to make multiple submissions during a month to procure
or obtain payment.
- The User, in the event of paying by means of airtime billing or other similar electronic
payment, hereby authorises Hello Doctor to deduct monies due to Hello Doctor from his or
her airtime at any time between the 1st (first) and last day of each month, which may be
made by means of multiple submissions as and when the User has airtime available.
SUSPENSION AND CANCELLATION
The User will be entitled to the Hello Doctor Services, for so long as payment is timeously made to
Hello Doctor for the use thereof.
Both Hello Doctor and the User shall be entitled to cancel this Agreement, without any reason and
recourse to itself, on 30 (thirty) days’ notice by cancelling the subscription online through the Hello
Doctor Website and/or on the Hello Doctor App.
In respect of Third Party Benefit Programmes, the User will be entitled to make use of the Hello
- to the extent the agreement between the Third Party Benefit Programme and Hello Doctor
remains legally in force and has not been terminated; and
- for so long as the Third Party Benefit Programme has paid for such service.
Hello Doctor will be entitled, but not obliged to:
- suspend a selected Hello Doctor Service, without any recourse to itself, pursuant to any
unforeseen event beyond its reasonable control and which prevents its performance; and/or
- suspend a selected Hello Doctor Service and/or cancel or terminate this Agreement if and to
the extent the User and/or Third Party Benefit Programme fails, neglects and/or refuses to
make any payment timeously and/or at all; and/or
- cancel or terminate this Agreement, without any recourse to itself, if and to the extent any
agreement by and between Hello Doctor and a Third Party Benefit Programme is suspended,
terminated and/or expires.
The User expressly gives and, to the extent applicable, is and will be deemed to have provided
express permission for the collection, collation, processing, receipt, storage, recording,
updating, modifying, retrieval, dissemination and distribution of his or her personal information
for the purposes set out herein, which Hello Doctor is entitled, but not obliged to do.
Subject to all and/or any laws to the contrary, the User must and will:
- provide Hello Doctor with the personal and contact details and information as required by it in
order to administer and/or deliver the selected service, as the case may be; and/or
- inform Hello Doctor and/or the Third Party Benefit Programme (if applicable), in writing,
within 7 (seven) days of any change to any of the information provided by the User in relation
to the selected Hello Doctor Service.
The User hereby authorises Hello Doctor (who will not be obliged to), subject to any and/or all
applicable laws, to:
- access from any credit bureau, which is a member of the Credit Bureau Association and
subscribes to its Code of Conduct (“Credit Bureau”) his or her personal information
concerning financial risk and payment habits (“Payment Profile”) for purposes of fraud
prevention and debtor tracing, and to disclose information regarding his or her Payment
Profile to such Credit Bureau; and/or
- use information that Hello Doctor may have in relation to the User for the purposes of –
- processing any request; and/or
- administering this Agreement; and/or
- informing the User of any new aspects of the service provided by Hello Doctor; and/or
- informing the User of promotional competitions; and
- disclosing the User’s personal information (save that all private and personal medical
information will remain confidential):
- to companies, businesses or persons affiliated with Hello Doctor for purposes of
marketing their services; and/or
- to any company, business or person which acquires the Hello Doctor business or
any part thereof, or which it may acquire; and/or
- to agents, representatives or service providers which Hello Doctor appoints to
process any transaction contemplated and/or provided for herein, administer this
Agreement or provide management or other services; and/or
- to Hello Doctor’s payment system providers in order to facilitate the collection of
any fees, charges and costs using payment systems owned and operated by third
parties or other persons; and/or
- retain the User’s personal information referred to herein for as long as Hello
Doctor is required to do so in terms of the law or in order to exercise or protect any
of its rights under or by virtue of this Agreement.
- to companies, businesses or persons affiliated with Hello Doctor for purposes of
HELLO DOCTOR’S FAILURE TO PERFORM
Hello Doctor will not be liable for failure to perform if the failure is attributable (wholly, partially or
late), to some unforeseen event or circumstance beyond its reasonable control which prevents it
from performing, timeously or otherwise. This will not be limited to technical problems or downtime
related to a fixed line or mobile tele-communications provider which, in each case, is beyond Hello
Doctor’s reasonable control, having exercised reasonable care and diligence to prevent and/or
mitigate against the occurrence and/or consequences of that event or circumstance.
LIMITATION OF LIABILITY
All references to Hello Doctor or its affiliates herein will include a reference to their shareholders,
promoters, employees, representatives, directors, agents, consultants, advisers, subcontractors
and any other Persons acting for or on their behalf in the provision of any service and/or product
contemplated or provided for herein.
Neither Hello Doctor nor any of its affiliates is or will be liable for any loss or damages of any nature
whatsoever suffered by the User or any other Person arising out of or in connection with:
- any act or omission of Hello Doctor or its affiliates, save for any act or omission which is wilfully
intended to cause loss or is grossly negligent; and/or
- a breach of this Agreement by the User;
- any interruption, delay, suspension, defect or failure in the distribution or reception of the
selected service beyond Hello Doctor’s reasonable control.
Notwithstanding any express exclusion of liability recorded herein, neither Hello Doctor nor any of
its affiliates will be liable for any loss or damage of any nature, including direct, indirect, special or
consequential damages, including loss of profits, suffered by the User or any third party or person
arising from any cause, except where such loss or damage is caused by the intentional or grossly
negligent acts or omissions of Hello Doctor or any of its affiliates.
The User hereby indemnifies and holds Hello Doctor and any and all of its affiliates harmless
against any claim brought by any third party or person against Hello Doctor and any of its affiliates:
- arising out of a breach by the User of the provisions of this Agreement; and/or
- as a result of access to or use by a third party or person of the selected service; and/or
- associated with the provision of the selected service to the User.
VARIATIONS, WAIVERS & INDULGENCES
No variation of, addition to, consensual cancellation of or waiver of any right arising in terms of this
Agreement (including this Clause) will be of any force or effect unless it is reduced to writing and
signed by the party or on behalf of or by the Parties’ respective duly authorised representatives,
save that Hello Doctor will have the right to unilaterally amend from time to time its prices in and for
the Hello Doctor Services and the amendments brought about thereby will be deemed to be
incorporated herein and this Agreement so amended, unless otherwise provided for and/or agreed
to in writing by Hello Doctor.
Any express waiver of any breach of this Agreement will not be deemed to be a waiver of any
subsequent breach. Likewise, one or more waivers of any right, obligation or default will not be
construed as a waiver of any subsequent right, obligation or default.
Any liability to any Party under this Agreement may, in whole or in part, be released, compounded
or compromised or time or indulgence given by that Party in its Discretion as regards any Party
under such liability without in any way prejudicing or affecting its rights against the other Party
under the same or a like liability, whether joint and several or otherwise.
SEVERABILITY & ILLEGALITY
If any provision of this Agreement is held to be invalid, illegal, contrary to public policy or
unenforceable by a Court of competent jurisdiction or arbitrator, the validity, legality and
enforceability of the remaining provisions will in no way be affected or impaired thereby, and this
Agreement will remain and be of full force and effect.
Hello Doctor provides a transparent online resolution procedure for settling disputes.
TERMS AND CONDITIONS OF USE FOR THE SUBSCRIPTION SERVICES:
TALK TO A DOCTOR; TEXT A DOCTOR; HEALTH TIPS AND/OR SYMPTOM CHECKER
In order for a doctor to phone or respond to a User’s text based messages within an hour or for a
User to receive daily Health Tips, the User will be required to accept these terms and conditions, as
well as the Standard Subscription Terms and Conditions applicable to all of the Hello Doctor
Hello Doctor is a subscription-based electronic platform and medium for consumers to
telephonically, electronically or digitally converse with a registered healthcare practitioner. If and
to the extent a healthcare practitioner from a jurisdiction other than South Africa uses the Hello
Doctor Platform, such medical practitioner will likewise be registered and accredited within the
jurisdiction in which he or she operates.
The medico-legal relationship, if any, created by the doctor phoning you upon your request, or
texting you in response to your text based message, is by and between you and the attending
You represent and warrant that you are at least 18 years of age and that you possess the legal right
and ability to enter into an agreement with the attending doctor and/or Hello Doctor. If you are
under the age of 18, you must have your parents’ consent. To the extent the legal requirement for
age of majority is greater than the age of 18, you represent and warrant that you are at least that
Within South Africa
To the extent Hello Doctor does not have a presence and/or offering in your country, and you are
not within South Africa, you are deemed to be within the South African borders and under the
jurisdiction of the South African courts for any matter that may arise relating to Hello Doctor.
Disclosure of All Relevant Information
These services are provided in good faith based upon the information given by you, during the
phone call or text message. As such, you are required to disclose all relevant information, no
matter how trivial, pertaining to your current health and past medical history that may have a
bearing on the services to be so provided.
Rights – YOUR CHOICE
It is your right to ask the attending doctor any question, to solicit information of an educational
nature to empower you with information to make an informed decision. Please note that by
participating in any call or text-based interaction with an attending doctor you will be signifying
your consent to participate in such call or receiving educational information only. The attending
doctor cannot and will not diagnose you or offer treatment, and will merely give you guidance as to
what the correct medical process would be if and to the extent of a particular condition. All calls
will be recorded and kept confidential. All text based messages will be archived and kept
confidential. However, if you participate in open group text-based forums or discussions, the
information you divulge will, by its very nature, be publicly available and for all those participating
to see; there being no confidentiality in open forums.
Not a Substitute for in person medical care
The service you receive is not clinical medical advice, but rather preventative healthcare
information of an educational nature to empower you to make an informed decision and choice; it
does not replace and is not intended to replace in person medical care, advice, instruction or
treatment. As such, you are urged to immediately seek medical treatment if and to the extent the
reason for your call persists.
Hello Doctor and the attending doctor:
- make no warranty as to the content of any information and/or response; and
- do not guarantee that a conversation with a doctor via the telephone and/or text message is
the appropriate course of action for your particular healthcare problem.
No change in health condition
You are solely responsible for all information and/or communication given during the telephone
conversation, text message or other communication. You undertake to contact your doctor
immediately should your condition change or your symptoms worsen. If you require urgent care,
you should contact your local emergency services immediately. Any and all services that you
acquire through Hello Doctor and the attending doctor shall be solely for your personal use and/or
that of your family member requiring the services.
You understand and accept that there is an inherent risk in not having a physical examination. Your
use of the services is at your sole risk and you assume full responsibility for all risks associated
therewith. All information or services provided through the Hello Doctor Services are provided
without any warranty of any kind, express or implied. To the fullest extent permissible under South
African law or any other law, Hello Doctor and the attending doctor, their shareholders, affiliates,
directors, officers, managers, employees, advisers and/or other representatives hereby disclaim
all representations and warranties, express or implied, statutory or otherwise, including but not
limited to warranties of fitness for a particular purpose. Without limiting the aforegoing, there is and
shall be no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness
or suitability of the services and/or the products so provided.
Limitation of Liability
Hello Doctor and the attending doctor shall not be liable for any direct damages in excess of the
subscription price of any service subscribed or paid for. In addition, to the maximum extent
permitted by law, Hello Doctor and the attending doctor shall not be liable for any special, punitive,
indirect, incidental or consequential damages, including but not limited to personal injury, wrongful
death or loss of use, whether in any action in warranty, contract, delict (including, but not limited to
negligence or fundamental breach), or otherwise arising out of or in any way connected with the
use of, or the inability to use, these services or any material or information contained in, accessed
through these services.
You indemnify, defend and hold harmless Hello Doctor and the attending doctor and their affiliates
from and against all losses, liability, expenses, damages and costs, including all attorney’s fees,
the attending doctor any negligent or wrongful action or omission by you related to your use of
services through Hello Doctor, or any negligent or wrongful use of the services, including negligent
or wrongful conduct by you or any other person acting on your behalf.
Hello Doctor shall not be responsible or liable, directly or indirectly, for any damage or loss caused,
or alleged to be caused, by or in connection with, use of or reliance on, any information, services
available on or through Hello Doctor and/or all those associated and/or affiliated with it, including
the attending doctors. Accordingly, in consideration for the services so provided, you, the User
requesting the call back, hereby waive your or your family member’s (including but not limited to
that of your and your minor child’s estate and/or any beneficiary thereunder) right to and actually
bring any normal, reasonable and/or legally enforceable claim, action, proceeding, application
and/or demand against Hello Doctor and/or all those associated and/or affiliated with it, including the attending doctors, for any and/or all claims, costs, damages and/or expenses or otherwise
arising out of and/or suffered by you and/or your family member as a result or consequence of
making use of these services or otherwise.
Acceptance of Hello Doctor’s Terms & Conditions
By subscribing for the Hello Doctor Services you will be deemed to have read, understood and
agreed to both these Terms and Conditions of Use and the Standard Subscription Terms and