Terms and Conditions
VIRTUWELL TERMS OF SERVICE AGREEMENT
1. Definitions and Interpretation
1.1 “Agreement” means these Terms of Service and all incorporated documents.
1.2 “Platform” refers to VirtuWell’s complete telehealth ecosystem including:
– Website (www.virtuwelldr.com)
– Mobile applications
– Application Programming Interfaces (APIs)
– Administrative backend systems
1.3 “Practitioner” means any healthcare professional registered with the HPCSA or other recognized South African health council who provides services through the Platform.
2. Acceptance of Terms
2.1 By accessing or using VirtuWell’s services, you agree to be legally bound by:
– These Terms of Service
– Our Privacy Policy (POPIA compliant)
– All applicable healthcare regulations
2.2 If you are accepting on behalf of a healthcare practice or organization, you warrant that you have authority to bind such entity.
3. Platform Services Description
3.1 VirtuWell provides a technology platform that:
– Facilitates connections between patients and healthcare providers
– Enables secure telehealth consultations
– Processes payments for services rendered
– Provides administrative support tools
3.2 The Platform expressly does NOT:
– Provide medical advice, diagnosis or treatment
– Employ or supervise healthcare providers
– Guarantee the availability of any Practitioner
– Verify the accuracy of medical information provided
4. User Accounts and Registration
4.1 Patient Accounts must:
– Provide accurate personal and medical information
– Maintain confidentiality of login credentials
– Not share accounts with others
4.2 Practitioner Accounts must:
– Provide current HPCSA registration details
– Submit proof of malpractice insurance
– Maintain all required professional licenses
5. Telehealth Consultations
5.1 Consultations are conducted according to HPCSA guidelines for telemedicine.
5.2 Technical Requirements:
– Patients and Practitioners must have:
– Reliable internet connection
– Compatible device with camera/microphone
– Updated web browser or mobile OS
6. Fees and Payment Processing
6.1 Payment Structure:
– Standard consultation fee: R350
– Practitioner portion: R250 (71.4%)
– Platform fee: R100 (28.6%)
6.2 Payment Processing:
– All payments processed through PCI-DSS compliant gateway
– Practitioners receive weekly EFT payments (minimum R500 balance)
– Refund policy follows CPA guidelines
7. Data Protection and Privacy
7.1 Data Collection:
– Personal information
– Health information (special personal information under POPIA)
– Technical data (IP addresses, device information)
7.2 Data Security Measures:
– End-to-end encryption for all consultations
– Regular penetration testing
– Access controls and audit logging
8. Intellectual Property Rights
8.1 VirtuWell retains all rights to:
– Platform software and code
– Branding and trademarks
– Proprietary algorithms and systems
8.2 Practitioners retain rights to:
– Their professional expertise
– Clinical notes and records
– Personal branding elements
9. Limitations of Liability
9.1 VirtuWell shall not be liable for:
– Clinical decisions made by Practitioners
– Technical issues beyond reasonable control
– Third-party service interruptions
9.2 Maximum aggregate liability limited to fees paid in preceding 12 months.
10. Termination and Suspension
10.1 VirtuWell may immediately suspend accounts for:
– HPCSA license revocation
– Multiple patient complaints
– Suspected fraudulent activity
10.2 Users may terminate by:
– Providing 30 days written notice
– Settling all outstanding fees
11. Dispute Resolution
11.1 Informal Negotiation (14 days)
11.2 Mediation (Johannesburg-based)
11.3 Binding Arbitration (AFSA Rules)
12. General Provisions
12.1 Governing Law: South Africa
12.2 Entire Agreement
12.3 Severability
12.4 Force Majeure
12.5 Amendment Procedure
13. Contact Information
For legal notices:
VirtuWell (Pty) Ltd
[email protected]
Privacy Policy
Last Updated: [22 March 2025]
1. Introduction
VIRTUWELL (PTY) LTD with identification/registration number 2024/281196/07
(“we,” “us,” or “our”) is committed to protecting your privacy and ensuring the security of your personal information in compliance with the Protection of Personal Information Act (POPIA) of South Africa. This Privacy Policy explains how we collect, use, store, and protect your personal information when you use our services.
By using Virtuwell’s services, you agree to the terms of this Privacy Policy. If you do not agree with any part of this policy, please do not use our services.
2. Scope of This Policy
This policy applies to all personal information collected by Virtuwell, including but not limited to:
– Patient information (e.g., name, contact details, ID number, medical consultation preferences).
– Doctor or healthcare provider information.
– Information collected through phone calls, emails, or other communication channels.
3. Information We Collect
We collect the following types of personal information:
– Patient Information: Name, date of birth, gender, ID/passport number, contact details (phone number, email address), and preferred language.
– Medical Connection Details: Reason for consultation, preferred doctor specialty, and any notes provided by the patient.
– Payment Information: Payment method and transaction details for processing finders fees.
– Technical Information: IP address, device information, and browsing history (if applicable).
4. How We Use Your Information
We use your personal information for the following purposes:
– To connect you with doctors or healthcare providers.
– To process payments for our finders fee.
– To communicate with you regarding your consultations and appointments.
– To improve our services and ensure a seamless user experience.
– To comply with legal and regulatory requirements.
5. Sharing Your Information
We may share your personal information with the following parties:
– Doctors or Healthcare Providers: To facilitate your consultation.
– Third-Party Service Providers: For payment processing, IT support, or other administrative functions. These parties are contractually bound to protect your information.
– Legal and Regulatory Authorities: Where required by law or to protect our rights and interests.
We will not sell, rent, or trade your personal information to third parties for marketing purposes.
6. Data Security
We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. These measures include:
– Encryption of sensitive data.
– Regular security audits and updates.
– Access controls to limit who can view or process your information.
7. Retention of Personal Information
We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Once the retention period expires, we will securely delete or anonymize your information.
8. Your Rights Under POPIA
As a data subject, you have the following rights:
– Right to Access: You may request a copy of the personal information we hold about you.
– Right to Correction: You may request that we correct or update inaccurate or incomplete information.
– Right to Object: You may object to the processing of your personal information in certain circumstances.
– Right to Deletion: You may request that we delete your personal information, subject to legal requirements.
To exercise any of these rights, please contact us using the details provided below.
9. Consent
By using Virtuwell’s services, you consent to the collection, use, and sharing of your personal information as described in this Privacy Policy. You may withdraw your consent at any time by contacting us.
10. Complaints and Contact Information
If you have any questions, concerns, or complaints about this Privacy Policy or our handling of your personal information, please contact our Information Officer:
Information Officer: Teslynn Venter
Email: [email protected]
Phone: 0633939466
You also have the right to lodge a complaint with the South African Information Regulator:
Website: https://www.justice.gov.za/inforeg/
Email: [email protected]
Phone: 012 406 4818
11. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any updates will be posted on our website, and we will notify you of significant changes via email or other communication channels if you have subscribed to our newsletter, otherwise you are free to periodically check our website for changes.
12. Responsibility of Healthcare Providers
Virtuwell acts as a middleman to connect patients with doctors or healthcare providers. While we take reasonable steps to ensure that the healthcare providers on our platform comply with applicable laws, including the Protection of Personal Information Act (POPIA), we are not responsible for their handling of your personal information.
– Doctors’ POPIA Compliance: Doctors and healthcare providers are independent entities and are responsible for their own compliance with POPIA. This includes ensuring that they collect, process, store, and protect your personal information in accordance with POPIA and other applicable laws.
– No Liability for Doctors’ Actions: Virtuwell is not liable for any misuse, loss, or unauthorized access to your personal information by doctors or healthcare providers. If you have concerns about how a healthcare provider is handling your information, please contact them directly.
By using Virtuwell’s services, you acknowledge and agree that:
1. Doctors and healthcare providers are responsible for their own POPIA compliance.
2. Virtuwell is not liable for any breaches or mishandling of your personal information by doctors or healthcare providers.
Acknowledgment
By using Virtuwell’s services, you acknowledge that you have read, understood, and agreed to this Privacy Policy.