Acceptance of Terms.
By accessing and using Health Near Me, you agree to be bound by these Terms and Conditions. If you are using Health Near Me on behalf of an individual or entity other than yourself, you represent that you are authorised by such individual or entity to accept these Terms and Conditions on such individual’s or entity’s behalf. Health Near Me and its services are used solely at your own risk. Services are available only to individuals who are at least 18 years old and meet all other eligibility criteria outlined herein.
We do not carry out background checks on any healthcare providers except upon initial registration (regulatory body certificate/proof of registration). You are strongly advised to perform your own investigation prior to selecting a healthcare provider by contacting the appropriate licensing authorities to verify listed credentials and education.
Health Near Me will offer you lists and/or previews of healthcare provider profiles based on the information you supply to the service. The responsibility of selecting a healthcare provider rests with you. We do not suggest or guarantee that any healthcare provider is suitable or effective for any specific person or medical condition. Please note that once a booking is made with a healthcare provider, all responsibilities for confirming/rescheduling/cancelling appointments, payments, information security, medical services rendered and other actions are strictly between you and the healthcare provider. Health Near Me is not liable for any outcomes from your interactions with the healthcare provider.
We cannot guarantee that you will have a consultation with a healthcare provider. Our ability to influence or guarantee the availability of any healthcare provider at a given time is limited. We are not responsible for appointments that are cancelled or not fulfilled, nor for any injuries that might result from such occurrences.
We do not provide medical advice.
Any information that you obtain or receive from or via Health Near Me, whether on Health Near Me or otherwise, is for informational and/or scheduling purposes only. This information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, diagnosis or treatment of any particular condition. It is provided to assist you with locating medical care from a practitioner.
User responsibilities:
You bear the full responsibility for the usage of Health Near Me, including keeping your account details confidential. Health Near Me and its Services should only be used for legal, non-commercial purposes. It’s prohibited to use Health Near Me in ways that may harm, overload, or impair our servers or networks, or hinder others’ enjoyment of Health Near Me and the Services. Unauthorised access to the Services, user accounts, or computer systems and networks, through hacking, password mining, or similar methods, is strictly forbidden.
The content, layout, design, data, databases and graphics on this website are protected by intellectual property laws.
Without limiting any of the foregoing, you agree that you will not engage in the following activities, nor will you permit anyone else to:
•Duplicate, alter, adapt, translate, or reverse engineer any part of Health Near Me, its content or materials, and/or the Services.
•Remove or tamper with any copyright, trademark, or other proprietary notices present in or on •Health Near Me and/or the Services, or on any content or materials accessed through them.
•Employ any automated tools like robots or spiders, or any device, process, or means for searching or retrieving data, to access any part of Health Near Me and/or the Services.
•Access or index any part of Health Near Me and/or the Services to create or fill a searchable database of reviews concerning the healthcare industry or healthcare providers.
•Alter the format of or embed any part of the web pages from Health Near Me and/or the Services into other web pages.
•Book appointments with healthcare providers with no intention of attending them.
•Create user accounts automatically or under deceitful or false pretences.
•Gather or store personal information about other users of Health Near Me.
•Utilise any methods, including software, to scrape data from any part of Health Near Me, its content or materials, and/or the Services.
•Use contact details provided by our users or collaborating healthcare providers for sending or helping to send unsolicited communications.
Changes to these Terms and Conditions:
We reserve the right to modify these terms and conditions at any time. Your continued use of Health Near Me and/or its services signifies your acceptance of any adjustments to these terms and conditions. If at any time you choose not to accept these Terms and Conditions, including following any such modifications hereto, then please do not use Health Near Me.
Links to External Websites:
Health Near Me may feature links to other websites, which could include links generated through automated search results. These links are solely for your convenience and do not signify our endorsement of these websites or the products and services offered by them. You recognize and accept that we bear no responsibility or liability for the content or accuracy of these external sites.
Contributions You Make:
You may have the chance to share feedback about your encounters with healthcare providers listed on Health Near Me, pose questions about potential medical needs, and engage in other interactive and community aspects of Health Near Me. When posting Information, it’s crucial to be responsible. In giving feedback, aim to provide clear and truthful details about the healthcare provider and your experience, avoiding inappropriate language, unnecessary personal remarks or criticisms.
We hold the discretion to publish or remove your reviews at any time for any reason. However, we are not obligated to promptly or successfully remove reviews. Reviews from others are merely their opinion and should not be considered as reliable information.
You alone are accountable for any information you submit, share, or display on Health Near Me or send to its members and/or users. It is prohibited to post, distribute, or replicate any copyrighted material, trademarks, or other proprietary information without first obtaining permission from the rightful owner. You must not submit any content that infringes, misappropriates, or violates any party’s intellectual property, publicity, privacy, or other rights.
Do not provide information that falsely suggests or implies endorsement or sponsorship by Health Near Me. Avoid sharing any content that is illegal or promotes illegal activities. You acknowledge and agree that Health Near Me may, at its discretion, review and remove any submitted Information, though it is not required to do so.
You commit to sharing only truthful information and not deliberately providing false or misleading content. By posting information on Health Near Me, you grant, and confirm your right to grant, Health Near Me a non-exclusive, irrevocable, perpetual, royalty-free, worldwide license to use, copy, publish, modify, and create derivative works from such posted Information. This includes combining your posted Information with that of other users for creating or populating a searchable database of reviews and information relevant to the healthcare sector.
The following types of content and communication are prohibited on Health Near Me, and we reserve the right to take appropriate legal action against violators, including removing content, ending memberships, or blocking access to the Services and/or Health Near Me:
Content that is false, misleading, harassing, or promotes harassment;
Unsolicited mass mailing or “spamming”;
Violation of intellectual property or other rights;
Threatening, obscene, defamatory, libellous, pornographic, or sexually explicit material.
PRODUCT AND SERVICE REVIEWS/PUBLICATIONS:
YOU ARE ENTITLED TO SUBMIT ANY REVIEWS/PUBLICATIONS AND/OR SERVICE-RELATED REVIEWS/PUBLICATIONS (INCLUDING PUBLICATIONS ON THIRD PARTY WEBSITES AND OTHER RELATED FORUMS AND PLATFORMS) ABOUT YOUR EXPERIENCE WITH Health Near Me, ITS SERVICES AND PRODUCTS. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THAT YOUR PUBLICATION WILL BE EASILY ACCESSIBLE TO THE GENERAL PUBLIC.
When you submit a review or publication, you agree that: All review(s) and publications submitted will be accurate, your review/publication is original and was created by you, you are a resident of South-Africa; and are at least eighteen (18) eighteen years of age; you are/were a bona fide user of our website, products and/or services of Health Near Me. The statements you make in your review/publication reflects a true and honest depiction of your experience and related facts, any publication will not contain any defamatory material, untrue material, inappropriate innuendos and/or statements and it further refrain from using any of our employees’ names and identities, and also refrain from any harassment and bullying and further that any privileged information that may become known to you in terms of this agreement shall not be published. SHOULD ANY OF THE AFOREGOING CONDITIONS NOT BE MET, YOU IRREVOCABLY GRANT Health Near Me AND ITS ADMINISTRATORS PERMISSION TO REMOVE AND TAKE STEPS TO REMOVE SUCH PUBLICATION, AS WELL AS AUTHORITY TO ACT ON YOUR BEHALF AND STEAD IN DOING SO, WHICH INCLUDES ENGAGING AND DULY INSTRUCT ON YOUR BEHALF THIRD PARTIES TO WHOM 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 AUTHORISED BY YOU.
Health Near Me shall have the right, (but not the obligation), to pursue and demand any one or more of the following actions with regard to your review(s) and/or publications:
We reserve the right to monitor/review and remove on your behalf your service-related review/publication including reviews/ publications submitted to third parties, should there in our reasonable discretion and opinion be any inaccuracies, false and /or misleading allegations and/or statements contained in the publication;
Health Near Me may take steps to remove and restrict such publication which you irrevocably give Health Near Me permission to do;
Health Near Me hereby refuses permission to make public the identity of any employee, agent or person employed with Health Near Me;
By submitting a review and/or publication to/about Health Near Me which includes to any third-party, you grant the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout Health Near Me’s marketing channels in any media; your identity will be protected in terms of our privacy policy; such permission includes the right to delete and withdraw any publication whether such publication is made to any third party or not on your behalf.
WE RETAIN A FULL REASONABLE DISCRETION TO REMOVE ANY PUBLICATION ON YOUR BEHALF AND YOU EXPRESSLY AUTHORIZE 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 Health Near Me, ITS EMPLOYEES AND OR AGENTS, GROSSLY MISREPRESENTS THE FACTS, CONTAINS DEFAMATORY STATEMENTS AND/OR INNUENDOS (WHICH INCLUDES ELECTRONIC AND INTERNET BASED PUBLICATIONS).
SERVICE DELIVERY, COMPLAINTS AND DISPUTE RESOLUTIONS
Any problems related to service delivery should be reported immediately, as this will enable us to take immediate and appropriate action.
THE USER AND Health Near Me HEREBY AGREE THAT ALL COMPLAINTS AND/OR DISPUTES EXPERIENCED BY THE USER WILL BE REPORTED TO Health Near Me WITHIN 2 DAYS FROM THE INCIDENT. THE USER FURTHER UNDERTAKES TO PROVIDE Health Near Me WITH THE OPPORTUNITY TO RESOLVE THE REPORTED COMPLAINT/DISPUTE INTERNALLY AND TO ALLOW Health Near Me THE OPPORTUNITY TO UTILIZE ALL MEASURES NEEDED TO RESOLVE THE MATTER WITHIN 30 DAYS. THE USER FURTHER UNDERTAKES TO NOT PUBLICIZE ANY INCIDENT ON ANY SOCIAL MEDIA, WEBPAGE OR INTERNET OR OTHER PLATFORM BEFORE Health Near Me HAS EXPRESSLY PROVIDED THE CLIENT WITH FEEDBACK THAT THE MATTER COULD NOT BE RESOLVED INTERNALLY.
IF ANY DAMAGES/LOSS IS ALLEGED AND REPORTED BY THE CLIENT, Health Near Me RETAINS THE RIGHT REQUEST THE CLIENT TO ADDUCE EVIDENCE FOR SAME.
Should any other service delivery related issues arise, written notice should be sent to our customer care department.
Should disputes arise between you and a healthcare provider listed on Health Near Me, we recommend resolving the matter directly with the healthcare provider. Health Near Me is not responsible for mediating disputes. Any negative feedback will be attempted to be resolved internally before being posted publicly.
Content Use:
All content available through the Services and Health Near Me, including but not limited to text, photos, graphics, and both video and audio content, is either our property or that of our licensors. It is safeguarded by laws regarding copyright, trademarks, patents, trade secrets, other proprietary rights, and international agreements. You recognize that the Services, including any associated technology or software, contain proprietary information of Health Near Me. We authorise you to use this content solely for personal, non-commercial purposes. This permission does not extend any intellectual property rights to you as a result of your use of the Services. You are allowed to print, download, and store information from Health Near Me for personal use, but copying, distributing, republishing (unless explicitly permitted in this statement), selling, or using any content, or any part of Health Near Me, for commercial gain or purposes is prohibited. Except as clearly and explicitly stated in this agreement, Health Near Me and its suppliers do not confer any explicit or implicit rights to you, and all rights in Health Near Me and the Services not specifically granted to you by Health Near Me are retained by Health Near Me.
Disclaimer:
To the maximum extent permitted by the law we will not be liable for any damage and/or injury whatsoever resulting from your use of Health Near Me and/or Services or the unavailability of Health Near Me and/or the Services. Telemedicine services are not a substitute for in-person healthcare services and are not for use in emergency situations. Our services are provided “as is” without warranty of any kind, either express or implied
Termination
We may terminate your registration/account/IP Address without notice if in our opinion there has been a violation of these Terms and Conditions by you or by someone using your login details. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Further, you agree not to attempt to use Health Near Me and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due to your inactivity, you may re-register).
Indemnification:
You agree to indemnify, defend, and hold harmless Health Near Me, our employers and healthcare providers from any claims, liabilities, expenses, and damages arising from your use of our platform and services.
Entire agreement
These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Health Near Me to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Choice of law and dispute resolution
These Terms and Conditions shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the Republic of South Africa. Any dispute in relation hereto shall be referred to arbitration by one arbitrator chosen by the Arbitration Foundation of Southern Africa.
Beyond the rights outlined in these Terms and Conditions, we reserve the right to pursue any legal measures and apply technical solutions to prevent breaches of this clause and to uphold the Terms and Conditions.