TERMS AND CONDITIONS FOR DR CALL AWAY AND WATSON CONSULTANCY PROPRIETARY LIMITED

 

  1. INTRODUCTION

 

1.1 www.drcallaway.co.za (“the Site”) is an electronic sales platform which enables customers to register an account online and then obtain telephonic access to various healthcare options on a safe platform as between yourself and registered medical practitioners in South Africa, in which you will be able to communicate telephonically with registered medical practitioners on a one‑on‑one basis to discuss all your healthcare and medical questions.

 

1.2 The Site is owned and run by Watson Consultancy Proprietary Limited (“Watson Consultancy”), with registration number 2018/247465/07, a company incorporated in the Republic of South Africa, which has its head office at Unit D3, The Studio Office Park, 6 Ateljee Street, Randpark Ridge Ext 52, Gauteng. More information about Watson Consultancy is available at the end of these Terms and Conditions.

 

1.3 All users and account holders (“Customers”) are bound by these terms and conditions (“the Terms and Conditions”). By registering for the  Service, or using the Site, you recognise that you have read, understood and accepted these Terms and Conditions. The Terms and Conditions represent our entire agreement with you and supersede all prior terms, conditions, warranties and or representations to the extent permitted by law.

 

1.4 All visitors to the Site (“users” or “you” or “yourself”) will be able to see the Services on offer, but only those who have registered for an account with Watson Consultancy (“Watson Consultancy Account Holders” or “you”) are able to have access to the Services.

 

1.5 In these terms and conditions:

  • “Account” means the #DrCallAway account that you need to register for on the site if you would like to gain access to the Services on the Site;
  • “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;
  • “Customer” means an individual who utilises the Services provided on the Site;
  • “Doctor” means a registered health care practitioner, registered with the Health Professions Council of South Africa;
  • “Nominated Bank Account” means the nominated bank account of Watson Consultancy, into which it will receive payment by direct deposit in terms of clause 7, the details of which are as follows:

 

Watson Consultancy

Standard Bank

Northgate Branch

Account number: 1012 0879 083

Branch: 051 001;

 

  • “Services” means the #DrCallAway services available to Customers on the Site, which enable the Customer to have direct telephonic access to a Doctor during office hours;
  • references to “clauses” are to clauses of these terms and conditions;
  • headings are for ease of reference only and shall not affect the interpretation or constitution of the terms and conditions;
  • words imparting the singular shall include plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include a, company, corporation, firm or partnership;
  • references to “includes” or “including” or like words or expressions shall mean without limitation.

 

  1. YOUR STATUS

 

To have access to the Services on the Site, you must be 18 (eighteen) years or older and possess a valid credit card or cheque card issued by a bank acceptable to us.

 

  1. EFFECT

 

  • These Terms and Conditions shall apply to the Services. When you accept the Services, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.

 

  • We may periodically update or change the Terms and Conditions of this Site without giving you prior notice. You should check them regularly, as your continued use of our Site means that you accept any updated or revised terms.

 

  1. USE OF OUR WEBSITE

 

  • You are welcome to browse or use our Site for your own personal and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this Site, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited.

 

  • We use cookies to identify the computer device with which you connect to our Site. We reserve the right to restrict your use and access to our Site or part thereof in the event of any unauthorised use.

 

  • We reserve the right to suspend our Site or any part thereof or terminate your Account at any time if we, in our sole discretion, determine that you are not using the Site in compliance with these Terms and Conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.

 

  • Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms and Conditions or law.

 

  1. ONLINE REGISTRATION

 

In order to have access to the Services, you will be required to register a Dr Call Away account with Watson Consultancy. This will require you to provide certain information including personal details and banking details. When registering you will be required to choose your login and password. Please keep your password private as Watson Consultancy accepts no liability for any damages suffered or losses incurred from the use or misuse of your password.

 

  1. THE SERVICES

 

  • The Services displayed on our Site are subject to availability. The Services may be reviewed, updated, added to and/or removed by Watson Consultancy from time to time, meaning that the Services is not exhaustive and may be varied from time to time to bring it in line with the current service offerings by Watson Consultancy.

 

  • The Services are not intended nor suited to be a replacement or substitute for professional medical advice, any real or perceived or impending medical emergency, consultation, examination, diagnosis or treatment relative to a specific medical question or condition. All information obtained by a Customer on, through and/or by means of the Services, is solely for informational purposes only.      Should any real or perceived or impending emergency exist, Users must seek medical attention without delay and Watson Consultancy and/or the administrators of the file accept no liability in this regard should a User fail and/or neglect to seek medical attention immediately.

 

  • All subscriptions for users to gain access to the Site is subject to the approval of Watson Consultancy in its discretion. Watson Consultancy will have the unfettered right to accept or reject any offer for any of its Services, made by a user.  Watson Consultancy will be entitled to take steps to restrict or suspend the Services to a user who misuses the Services.

 

  • The user specifically represents and warrants to and in favour of Watson Consultancy that all information conveyed, preferred, provided and/or communicated to any Doctor in making use of the Services will be absolutely true and correct in every respect and regard and hereby acknowledges the importance as to the serious consequences if such information is not as represented and warranted. Subject to any and/or all applicable laws, Watson Consultancy makes not warranty or representation, whether expressly or implicitly –

 

  • about any component of the Services, or that the user will be able to have access to or continue to have access to the Services that such access will be continuous and/or uninterrupted; and/or

 

  • as to the quality of reception by the user of the Services, as Watson Consultancy cannot be responsible or liable for electronic media or coverage through, on and/or via such electronic means as these factors is and will be beyond its control; and/or

 

  • that the software used to provide the Services 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 purposes, not infringe any third party rights, be secure and reliable, or will conform to its delivery timeline requirements; and

 

  • Watson Consultancy will use its reasonable endeavours to make its Services available to the user and to maintain the availability thereof on the understanding such Services are provided on a “as is” and “as available” basis.

 

  1. PURCHASE OF SERVICES

Terms of Sale

 

  • Once you have registered an Dr Call Away account with Watson Consultancy, you may receive access to the Services.

 

Purchase Price and Payment Terms

 

  • You will be charged the prices as they are reflected on the Site at the time you receive the Service, subject to availability. All prices shown are quoted in South African Rand and include Value-Added Tax.

 

  • In order to gain access to the Services, all payments must be made upfront and in advance prior to making use of the Services. Payment for the Services will be accepted either by means of authorised debit/credit card payment or by means of direct deposit into the Nominated Bank Account. We will debit the total value of your online Service, on a pre‑paid basis, against the payment card tendered by you during the check‑out process. Payment will be effected on acceptance of the Service. Should you elect to pay for the Services by means of direct deposit, kindly send proof of payment to  info@drcallaway.co.za, where after, once the payment has been cleared, access to the Services will be gained.

 

  • The provision of goods and services by Watson Consultancy is subject to availability. In cases of unavailability, Watson Consultancy will refund the client in full within 30 days.  Cancellation of orders by the client will attract a  50% administration fee.

 

  • By submitting for the Service, identity number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the Service.

 

  1. FRAUD

 

  • Watson Consultancy reserves the right, in the interest of preventing fraud, to refuse the processing of payment for the Service.

 

  • Watson Consultancy may request documentation to complete the necessary fraud checks and cancel the Service where the necessary documentation is not provided in a timely manner.

 

  • In the event of a fraudulent purchase being placed on Watson Consultancy, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Watson Consultancy does not process refunds for Services suspected of fraud.

 

  1. SECURITY

 

  • Anyone downloading or trying to download malware or damaging coding on this Site, or who tries to gain unauthorised access to any page on this Site, will be prosecuted and civil damages from such person will be claimed if Watson Consultancy suffers any damage or loss.

 

  • You agree and guarantee that the username and password you use to log in is for your personal use only and will not be passed on to any third party.

 

  • You allow Watson Consultancy to take all steps reasonably possible to ensure the integrity and security of the Site and in the administrative office.

 

  • All credit/debit card transactions on the Site are protected by standard online transactional encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Watson Consultancy has no access to any confidential information regarding your payment method. Credit/debit card transactions have been acquired for Watson Consultancy via PayGate who are the approved payment gateway for the Company’s Bank.
    • Payments may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Watson Consultancy bank account, the details of which will be provided on request.
    • Credit card transactions have been acquired for Watson Consultancy via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.  Users may go to paygate.co.za to view their security certificate and security policy.
    • Customer details will be stored by Watson Consultancy separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to paygate.co.za
    • The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
    • Watson Consultancy takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods

 

  • Only Watson Consultancy banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) from time to time.

 

  1. PRIVACY AND PERSONAL INFORMATION

 

  • 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/her personal information for the purposes set out herein, which Watson Consultancy is entitled, but not obliged to do.

 

  • Subject to all and/or any laws to the contrary, the user must and will –

 

  • provide Watson Consultancy with the personal and contact details and information as required by it in order to administer the Services, as the case may be; and/or

 

  • inform Watson Consultancy, in writing, within 7 (seven) days of any change to any of the information provided by the user in relation to the Services.

 

  • The user hereby authorised Watson Consultancy (who will not be obliged to), subject to any and/or all applicable laws, to –

 

  • access from any credit bureau, his/her personal information concerning financial risk and payment habits for purposes of fraud prevention and debtor tracing, and to disclose information regarding his/her payment profile to such credit bureau; and/or

 

  • use information that Watson Consultancy may have in relation to the user for purposes of processing any request; and/or

 

  • administering these Term and Conditions; and/or

 

  • informing the user of any new aspects of the Services.

 

  • This website is governed by the laws of South Africa and Watson Consultancy chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the address at 1.2 above.

 

  • Watson Consultancy shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

 

  1. INDEMNITY AND LIMITATION OF LIABILITY

 

  • Save for Watson Consultancy being liable to you under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any Services offered by Watson Consultancy to you via the Site and under section 43(5) and 43(6) of the Electronic Communications and Transaction Act 25 of 2002 (“ECTA”) in relation to Watson Consultancy’ payment system not being sufficiently secure neither Watson Consultancy nor any of its representatives will be held responsible for any liability, damages, costs, expenses, loss or other accountability of any kind that arises from the use of (or inability to use) this Site, its services or content, the Services.

 

  • Furthermore, Watson Consultancy provides no guarantee, implied or otherwise, that the content or technology attached to this Site is free of errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by e‑mailing info@drcallaway.co.za.

 

  • It is your responsibility, before accepting these Terms and Conditions, to determine whether the service available through this Site satisfies your individual needs and is compatible with your hardware or software.

 

  • We make no representations or warranties regarding the efficacy and/or suitability and/or fit for purpose of the Services including in connection with any condition.

 

  • Watson Consultancy shall not under any circumstances be liable for special, indirect and/or consequential losses of any nature whatsoever and the liability of Watson Consultancy in terms hereof shall –

 

  • not exceed any amount actually spent by you on our Site;

 

  • not be capable of being claimed again Watson Consultancy unless such a claim exceeds R 5000.00 (five thousand rand);

 

  • not be capable of being claimed again Watson Consultancy unless the claim arose within 6 (six) months from the date on which the cause of action in question arose;

 

  1. GOVERNING LAW AND JURISDICTION

 

  • This Site is offered, controlled and run from the Republic of South Africa and as such it is governed by South African legislation, and subject to the dispute’s clause in these Terms and Conditions.

 

  • You and Watson Consultancy are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these Terms and Conditions must be read as individual and separable from the rest of the Terms and Conditions.

 

  • Should any court or qualified authority find that any of the Terms and Conditions are invalid or unenforceable, the remainder of the Terms and Conditions will remain standing, despite invalidity or unenforceability of an individual term.

 

  1. DISPUTES

 

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Watson Consultancy on any matter provided for in, or arising out of these Terms and Conditions, and not resolved, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”). The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/pages/rules.aspx.

 

  1. NOTICES

 

Watson Consultancy chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature of the address/contact details set out at clause 22 below.

 

  1. ADVERTISING

 

Advertising and other promotional material of third parties may appear on our Site from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.

 

  1. GUARANTEE AND COMPLAINTS MANAGEMENT

 

  • We shall perform our obligations under these Terms and Conditions with reasonable skills and care.

 

  • We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 22 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.

 

  1. INTELLECTUAL PROPERTY AND USE OF OUR LOGOS, CONTENT AND IMAGES

 

  • All rights, including copyright, trade mark and other intellectual property rights embodied in any software, graphics, icons, links, private information, designs, logos, text, images, video, audio or other material on this Site are owned by or licensed to us. All data and information communicated to or from the Site including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Site. You agree also to waive any moral rights in such content.

 

  • You are permitted to view, print or store electronically a copy of any information on our Site, including these Terms and Conditions, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

 

  • Watson Consultancy is unable to edit or screen all content on the Site, and will not be accountable for illegal, libellous or obscene content. We advise you to inform Watson Consultancy of any offensive or illegal material.

 

  1. TERMS AND DISCONTINUATION

 

  • These Terms and Conditions take effect on the date of first publication of the Site and continue indeterminately. They may be revised by Watson Consultancy from time to time (as described above), for as long as the Site continues to exist and be operated. Watson Consultancy is entitled to terminate these Terms and Conditions or close down the Site at any time, subject to processing any pending purchases.

 

  • If you do not meet your obligations regarding these Terms and Conditions, including any incidents about payment and price or an Order, and you neglect to rectify such non-adherence within 5 (five) Business Days after Watson Consultancy has instructed you to do so, your access to the service will be blocked.

 

  • We have the right to close your Account and deny you access to the Site, depending on the severity of your actions. Such action on the part of Watson Consultancy will not have any negative effect on any damages Watson Consultancy may claim.

 

  • Watson Consultancy may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

  1. LINKS

 

  • No person, business or website may be linked to any page on this Site without prior written permission from Watson Consultancy. Such permission can be obtained by sending an e-mail to Eugene@watsonconsultancy.co.za.

 

  • Links to non-Watson Consultancy websites given on this Site are provided “voetstoots” and Watson Consultancy does not necessarily agree with the content of such websites, which Watson Consultancy is unable to edit or underwrite.

 

  • No person, business or website may use any technology to glean information from this Site without prior written permission from Watson Consultancy. Such permission can be obtained by sending an e-mail to eugene@watsonconsultancy.co.za.

 

  1. GENERAL

 

  • No failure or delay by us or you in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions.

 

  • If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.

 

  • You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.

 

  • Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

 

  • No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.

 

  • Any and all copyright subsisting in the Site, including theses Terms and Conditions, vests in Watson Consultancy and all rights not expressly granted are reserved.

 

  • When you visit the Site or send e-mails to Watson Consultancy, you consent to receiving communications from Watson Consultancy electronically and agree that all agreements, notices, disclosures and other communications sent by Watson Consultancy satisfy any legal requirements, including but not limited to the requirement that such communications should be in “writing”.

 

  1. DISCLAIMER

 

The Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the Service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Watson Consultancy and/or the administrators of the Site do not guarantee that the conversation with the Doctor via the telephone and/or Service provided is the appropriate course of action for your particular healthcare problem/question, does not and is not intended nor suited to be a replacement or substitute for professional medical advice, any real or perceived or impending medical emergency, consultation, examination, diagnosis or treatment , and does not constitute a medical examination, does not constitute therapy and does not replace in person consultation with medical practitioners.

 

  1. WATSON CONSULTANCY CORPORATE INFORMATION

Section 43(1) of ECTA determines that when goods or services are provided via certain electronic transactions, the seller thereof must make certain information public on the site where the goods or Services are offered.

Watson Consultancy information is as follows:

 

Core business: Business Advisory services and Online service provider

Legal notice address:

Unit D3

The Studio Office Park

6 Ateljee Street

Randpark Ridge Ext 52

2156

Gauteng

South Africa

 

Tel: 011 794 4143

 

Directors: E Watson and T Watson

Website: www.drcallaway.co.za

Official e-mail address:

info@drcallaway.co.za