Terms and Conditions

Our Medical teleconsulting services will provide a medical assessment of your condition. It is not designed to replace the Emergency Room for emergencies.

The following contains the terms and conditions (the “Terms and Conditions”) governing your access and use of the Medical Teleconsulting Services provided by TruMD  (“TruMD”). TruMD maintains the https://trumd.co.za website (“Site”). The country of domicile of “TruMD” is South Africa.

If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Medical Teleconsulting Services. By subscribing to/using the Medical Teleconsulting Services, you hereby acknowledge that you are familiar with these terms and any changes or modifications that may occur from time to time. These Terms and Conditions are effective as of April 1, 2024.

  1. Binding Agreement.

These Terms and Conditions form a binding agreement (the “Agreement”) between you and TruMD. Your access to or use of the Medical Teleconsulting Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Medical Teleconsulting Services at your own risk.

  1. The following definitions apply to this Agreement.

2.1 “Medical Teleconsulting Services” or the “Application” (collectively, the “Applications”) means any application under the control of TruMD, whether partial or otherwise and includes such Application’s Content, Text, Graphics, Design, Programming, Medical Materials and Services (as applicable in each context).

2.2 “Content” includes all Text, Graphics, Design and Programming used on the Applications.

2.3 “Services” means any services provided by TruMD or its agents described herein.

2.4 “User” refers to any individual or entity that uses any aspect of the Applications.

2.5 “You” or “you” means the person who (or the entity on behalf of whom such person is acting) is agreeing to these Terms and Conditions.

  1. General Use Rules.

The Applications and the Services are intended for individuals seeking personal medical advice. You may use the Applications and Services only for lawful purposes within the stated context of TruMD’s intended and acceptable use of the Applications and Services.

  1. Other Specific Rules Regarding Usage.

You represent, warrant and agree that you (a) are at least 18 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Applications and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Services and Applications for any other purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Applications and Services complies with these Terms and Conditions and all applicable laws.

  1. Services by Registered Medical Practitioners.

You acknowledge that the Medical Teleconsulting Services are being provided to You by TruMD and their licensed medical practitioners (the “Personnel”). You also acknowledge your awareness that the TruMD medical practitioners you consult with are certified by the Health Professional Council of South Africa (HPCSA).

  1. Limitations on Damages and Liability Limitations

6.1. You assume all responsibility and risk for your use of the Medical Teleconsulting Services, the internet and for your conduct on and off of the Applications, and You hereby acknowledge and agree that your use of the Application and the Services is on an “as is” and “as available” basis.

6.2. You represent, warrant and agree that the views and suggestions expressed by TruMD under these Medical Teleconsulting Services shall in no manner be construed by You as an endorsement of any such advice and views by the entity (e.g. your insurance, your employer or any other third party) providing TruMD services to you (the “Payer”).

6.3. You represent, warrant and agree that any and all advice provided to You by TruMD medical practitioners shall depend in entirety on the accuracy of the description of the symptoms provided by You.

6.4. While TruMD agree to maintain the confidentiality of the information provided by You, you acknowledge and agree that the calls made by You during the course of services provided by Medical Teleconsulting Services may be recorded for quality control purposes and for the purpose of maintaining a record of your health information.

6.5 Your acceptance of and compliance with the advice given by the Personnel shall be at your own risk. In no event shall TruMD (or any of their officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) be liable for any damages whatsoever resulting from or arising under or in connection with the Application or the Services or the use or access to, or the inability to use or access the Applications and/or the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not TruMD is advised of the possibility of such damages.

6.6. You acknowledge and agree that You are not authorized by TruMD to provide medical advice to other persons based upon the advice You obtain from the Medical Teleconsulting Services and that You bear sole responsibility for the consequences of providing such advice to any such other persons.

  1. Quality, Functionality and Connectivity Issues.

You acknowledge and agree that quality, functionality, connectivity and/or availability of the Medical Teleconsulting Services may be affected from time to time by circumstances within or outside of the control of TruMD or the Payer. You also acknowledge and agree that the Payer, without any liability whatsoever, shall be entitled to refuse, limit, suspend, vary or disconnect the Medical Teleconsulting Services at any time, for any reasonable cause, including, but not limited, to the following.

7.1. any violation of applicable rules, regulations, orders, directions, notifications, conditions of License Agreements, etc., issued by any government/telecom or other regulatory authority.

7.2. during technical failure, modification, up-gradation, variation, relocation, repair and/or maintenance of the systems/equipment.

7.3. to combat potential fraud, sabotage, willful destruction, national security or for any other force majeure reasons.

7.4. transmission limitation caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitations and/or availability of suitable cell Applications.

7.5. if Medical Teleconsulting Services are used in violation of any law, rule/regulation.

7.7. any other reason which the Payer, in its sole discretion, deems reasonable and which warrants limiting, suspension or disconnection of Medical Teleconsulting Services.

7.8. Payer shall not be responsible for any claims or damages arising out of technical failures, including failure of a telephone line, failure of servers, or the failure to implement system updates due to technical failure, whether such failure occurs before, during or after the completion of the Medical Teleconsulting Services.

7.9. TruMD and its Personnel shall not be responsible for or obligated to provide call-back Medical Teleconsulting Services in the event of a dropped call or any other interruption of service.

  1. Accuracy or Completeness of Content.

You hereby acknowledge and agree that.

8.1 TruMD makes no warranties or representations regarding the accuracy or completeness of the content provided on or via the Medical Teleconsulting Services and assumes no liability or responsibility for any (i) errors, omissions or inaccuracies of content or submissions, (ii) personal injury or property damage of any nature resulting from your access to and use of the Medical Teleconsulting Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information that may be contained therein, (iv) any deletion of data or interruption or discontinuance of transmission to or from or through the Medical Teleconsulting Services.

8.2 TruMD is not responsible for any content or transactions that are contained or may be available outside the Medical Teleconsulting Services.

  1. User Authentication.

User authentication on the Internet is difficult. TruMD cannot and does not confirm that each user is who they claim to be, because TruMD does not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Applications, in the event that you have a dispute with one or more users. You release TruMD from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  1. Unauthorised Use.

Unauthorised use of the Application may give rise to a claim for damages and/or be a criminal offence.

  1. Website Links.

From time to time this application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

  1. Amendments to this Agreement and Changes to Applications.

TruMD may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Applications (or as otherwise stated in any notice of such changes). Any use of an Application will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Application. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Application any longer. Any new or different terms supplied by you are specifically rejected by TruMD unless TruMD agrees to them in a signed writing specifically including those new or different terms. TruMD may change the Applications at any time, without notice.

  1. Indemnity.
    You agree to defend, indemnify, and hold harmless TruMD (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Applications, your use of the Services or your breach of this Agreement. TruMD shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
  1. Applicable Law.

Any dispute arising out of or in connection with these Terms and the Medical Teleconsulting Services, including any question regarding the existence, validity or termination of the same, shall be referred to and finally resolved by arbitration under the arbitration rules of the Arbitration Foundation of South Africa (AFSA), which rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be South Africa. The language to be used in the arbitration shall be English.

  1. Payment Authorization-Fees and Purchase Terms.

15.1. By providing a credit card or other payment method accepted by TruMD (“Payment Method”), you are expressly agreeing that TruMD is authorized to charge to the Payment Method any fees for your use of the Services. TruMD accepts Visa or MasterCard debit and credit cards in ZAR for payment.

15.2. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing TruMD with your credit or debit card number and associated payment information, you agree that TruMD is authorized to immediately invoice your account for all fees and charges due and payable to TruMD hereunder and that no additional notice or consent is required. You shall be required to retain a copy of transaction records and the policy document of TruMD. If your health plan, employer or agency has arranged with TruMD to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with TruMD, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or insurance provider to determine if any Services will be reimbursed.

15.3. Payment for upgrades will be deducted from your credit or debit card on a pro rata basis.

15.4. You may pay for your Subscription fee only with credit and debit card payments.

We will charge your credit or debit card for your first Subscription Fee on the date that we process your order for your Subscription. Once your credit or debit card is charged the first Subscription Fee, we will begin provisioning your account.

15.5 Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.

15.6. If all payment methods submitted by you are declined for payment of your Subscription Fee, your Subscription will be cancelled. If you provide us with new payment details and you are successfully charged, your Subscription Period will be based on the original renewal date and not the date of the successful charge.

15.7. If you do not have medical coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. TruMD offers no guarantee that you shall receive any such reimbursement. TruMD reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

15.8. You shall be solely responsible to maintain the confidentiality of your bank accounts and TruMD shall not be liable for any kind of theft or misuse of the same or any loss or damage arising out of or in relation to the use of your account.

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