Terms & Conditions
Updated: 01 February 2021
We Healthy Living Group (Pty) Ltd (“the Group”) are the proprietors of MyHealth360.co.za (“the Website”), MyWell360 mobile application (“MyWell360) and our affiliate site Engage (together known as “the Platforms”).
These terms and conditions govern your use of the Platforms (“Terms”); by using this website, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this website.
Any clauses in italics involve a limitation of liability or assumption of risk .
Users and subscription
The Group offers a range of services to its users including video on demand (“VOD”), online courses, live sessions/training/fitness and booking consulting with medical and healthcare service providers (“the Services”). Some parts of the website may be viewable and we may collect and process some of your information without registration.
Access to certain areas of this website is restricted. The Group reserves the right to restrict access to areas of this website, or indeed this entire website.
If The Group provides you with a User ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the User ID and password are kept confidential.
The Group may disable your User ID and password in its sole discretion without notice or explanation.
No medical advice
The Services on the Platforms, where medically related, are provided by independent healthcare professionals but do not constitute medical advice and do not establish a doctor-patient relationship. Some of the content available on the Platforms are developed by in-house specialists but also do not constitute medical advice and do not establish a doctor-patient relationship.
We don’t endorse or recommend any specific healthcare professionals, service providers, procedures or diagnostics/tests, courses or training based on the information available on the Platforms
The Engage website will list service providers based on your search results based on provider type. You are to exercise due care when applying information, choosing Services and seeking professional medical advice including researching the service providers education, qualifications, expertise for your needs and verifying their identity. Although we take reasonable measures to verify the qualifications and credentials of service providers and healthcare professionals on the Engage website you have the final responsibility for who you choose to engage with.
All content on the site and discussions on the Platforms are not a replacement for and do not substitute medical advice, care, diagnosis and treatment from a suitably qualified professional. The Platforms are not suitable for emergency medical requirements. Users should not ignore medical advice or avoid seeking medical advice based on the information on the Site. Any information on the Platforms and the Services are used at your own risk.
You may access suitable medical advice through the Engage platform.
- No relationship between doctor and patient created
The use of the Services and information available on the Platforms, including the Engage platform where you can find service providers and communications with them or us as well as external links does not result in a doctor-patient relationship.
We don’t guarantee, warrant or make any representations of any form regarding the ability, credentials, qualifications, standard of work or any other content available on the website or from any health professional or service provider that you connect with through the Platforms. We won’t be responsible for your reliance on any information on the website or your resultant decisions.
If you use the Engage website to book appointments with and consult with healthcare professionals or service providers we can’t guarantee their availability and accordingly can’t be responsible for cancellations or missed appointments or any loss that results from same.
Please note that communications on the Platforms may not be protected as privileged communications.
Payment for Services
Payment subscriptions and Services shall be levied through our payment portal Peach Payments based on your choice of subscription option or Service.
We confirm that we earn a booking facilitation fee from the service provider for enabling you to find a health care professional/service provider and for use of the Engage platform functionality.
Your attention is draw to the terms and conditions of Peach payments which may be accessed by contacting: firstname.lastname@example.org
License to use website
Unless otherwise stated, The Group and/or its licensors own the intellectual property in the material and content of whatever nature on the website, including all trademarks, copyrightable works, patents. Subject to the license below, all these intellectual property rights are reserved.
The underlying technology, code and software is also proprietary to us.
You may view, download for personal and non-commercial use such as caching purposes only, subject to the restrictions set out below and elsewhere in these Terms.
Acceptable use and IP infringement
You must not use the Platforms in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You will not post or submit any material, including through but not limited to the document upload, chat or service provider feedback functionality, which infringes the rights of others i.e. which may be threatening, sexist, racist, defamatory, obscene, may be an invasion of privacy rights or any other law or which we deem inappropriate. We may monitor the User and other content on the websites and may amend or remove in our sole discretion.
You must not use the Platforms to copy, reverse engineer, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not republish material from this website (including republication on another website); sell, rent or sub-license material from the Platforms; reproduce, duplicate, copy or otherwise exploit material on the Platforms for a commercial purpose; edit or otherwise modify any material on the Platforms; or redistribute material from the Platforms. You may not use the The Platforms to obtain or remove any proprietary intellectual property.
You will not post any material which violates or infringes the intellectual property (including copyright or trademark) of others. Where you use, post or submit any third-party intellectual property on the Platforms you warrant that you have obtained permission from the third party to do so and indemnify us against any liability arising as a result thereof.
Any Material available on the Platforms that are subject to the intellectual property of a third party is used either with the third Parties consent or is used in terms of the principals of fair use and only for informational or education purposes. If you believe that any Material on the Platforms infringes your copyright or that of a third party please draw this to our attention by emailing us on: email@example.com.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platforms.
You must not use the Platforms to transmit or send unsolicited commercial communications/spam. You must not use this website for any purposes related to marketing.
Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as linking), to the Platforms before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.
If you are in breach of the contents of this paragraph we may take legal or other actions against you.
The Platforms are provided “as is” without any representations or warranties, express or implied. The Group makes no representations or warranties in relation to the Platforms or the information, content, Service and materials provided on or purchased through the Platforms. We don’t owe you any fiduciary duties.
We aren’t in control over the Users who have access to the Platforms. We may make recommendations, based on your stated interests, but do not control your choice of content, service providers or Services or your interpretation, acts and use of the Services and materials on the Platforms.
Without prejudice to the generality of the foregoing paragraph, The Group does not warrant that:
*the Platforms will be constantly available, or available at all.
*the software, databases, mobile application, website, affiliate sites, code and IT systems are free of error or that loss of data will not occur, or that the services, software, code, databases or the websites are free of viruses or other elements that might cause harm;
*the information on the Platforms are complete, true, accurate or non-misleading. We won’t be liable for the accuracy, intellectual property compliance, suitability or legality of content on the website or the Services;
*Nothing on the Platforms constitutes or is meant to constitute, the advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Please read the clauses in these Terms relating to “Limitations of liability”.
Limitations of liability
The Group, our representatives, mandataries, directors, officers, subsidiaries, group companies, affiliates, successors, assigns, successors , sub-contractors, employees and agents (“Limited Parties”) won’t be responsible for any loss, damage, liability or harm of any nature and in any way arising from access to/ use of the Platforms and Services.
We and the Limited Parties won’t be liable to you, or any third party claiming on your behalf or as a result of harm caused to you, for any loss or damages (including but not limited to special, consequential, direct, indirect, incidental loss, data loss or breach, computer losses and damage, loss of profit, loss of income, work stoppage, medical costs and expenses, losses due to the medical malpractice or negligence of service providers or Services accessed through the Platforms) arising in any way from your use of/access to the websites or Services even in circumstances where we knew or should have reasonably known about the potential for such loss or damage.
You accept that, as a limited liability entity, The Group has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against officers or employees in respect of any losses you suffer in connection with the Platforms.
Please refer to the clauses in these Terms regarding “no warranties”, “no medical advice” and “no relationship between doctor and patient” and “reasonableness”
When we ask you to, you agree to indemnify, defend and hold us and the Limited Parties harmless from all claims, demands, liabilities and costs, including attorney's fees, made by you or any third party relating to:
* access to MyWell360, MyHealth360.co.za and Engage;
* the Services;
* breach of these Terms;
* any infringement of intellectual property.
This indemnification excludes your own intentional acts/gross misconduct or that of persons acting on your behalf.
Should you subscribe for paid Services on a month to month or yearly basis you may cancel during the 7 (seven) day cooling off period without any penalty or charge. Thereafter you may cancel at any time on 21 (twenty-one) days notice.
If you cancel your month-to-month or yearly subscription after the 7 day cooling off period but before 4 months have elapsed and been billed for we are entitled to bill you for 4 months subscription due to the substantial value offered on the Website. You agree that the cancellation fee to be levied is reasonable.
By using this website, you agree that the limitations of liability, cancellation fees and indemnifications set out are reasonable. If you do not think they are reasonable, you must not use this website.
When a User visits the Platforms and completes a registration form to become a User or the User consents to receiving communications from us electronically and agrees that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including, but not limited to the requirement that such communications should be “in writing” in terms of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).
The User acknowledges and accepts that the action to click on specified buttons on certain web forms on the Platforms may constitute an expression of intent or other statement.
Disclosures required by Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”)
Access to the Services, content, software and content downloads available from the Platforms are classified as “electronic transactions” in terms of ECTA and therefore users have the rights detailed in Chapter 7 of ECTA we have the duty to disclose the following information:
- The full name and legal status of the Websites owner: Healthy Living Group (Pty) Ltd
- Registration Number: 1010/000783/07
- VAT registration number: 4670254798
- Street address and physical address for receipt of the legal documents: 28 Majuba Avenue , Quellerina, 1709
- The official email address is: firstname.lastname@example.org.
If any provision is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Platforms terms and conditions.
Breaches of these terms and conditions
Without prejudice to its other rights under these terms and conditions, if you breach these terms and conditions in any way, the Group may take such action as the Group deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
The Group may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
The Group may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and The Group in relation to your use of the Platforms and supersede all previous agreements in respect of your use of the Platforms.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the South Gauteng High Court.
Healthy Living Consulting (PYT) LTD