Terms & Conditions
We hope you love using RecoMed. We really do.
These terms and conditions (“Terms and Conditions”) constitute an agreement between you and RMed (Pty) Ltd (“RecoMed,” “we,” or “us”), the operator of RecoMed.co.za (the “Site”).
The services we offer from time-to-time is referred to in these Terms and Conditions collectively as the "Services". We may amend the scope of the Services at any time.
1. No warranties
We offer the Site and the Services"as is" i.e. without any warranties. In other words you use the Site and the Services solely at your own risk.
2. We do not provide medical advice
Any information that you obtain or receive from or via RecoMed, whether on the Site or otherwise, is for informational and/or scheduling purposes only and does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating medical care from a practitioner.
3. We do not carry out background checks or endorse any Providers
RecoMed will provide you with lists and/or profile previews of doctors, dentists or other health care providers (“Providers”) based on information you provide to RecoMed (which may include proximity to your geographical location) and other criteria such as Provider availability and past selections by and/or ratings of Providers by you or by other RecoMed users.
You are responsible for choosing your own Provider. RecoMed does not recommend or endorse any Provider and we do not make any representations or warranties with respect to Providers or the quality of the healthcare services they may provide. We do not imply that any Provider is appropriate or effective for any particular individual or condition.
We do not carry out background checks on any Provider on our platform. You are strongly advised to perform your own investigation prior to selecting a Provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education.
4. We do not guarantee you will be seen by a Provider
We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom.
5. Your responsibilities
Although our booking service is provided free of charge, the usual charges for any services rendered by Providers profiled on the Site will apply.
You are responsible for all use of the Site and for all use of your log in details, including use by others to whom you have given your log in details. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorised access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
- access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or Providers;
- reformat or frame any portion of the web pages that are part of the Site and/or the Services;
- scheduling an appointment with a Provider which you have no intention of keeping;
- create user accounts by automated means or under false or fraudulent pretenses;
- collect or store personal data about other users of the Site; or
- use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
You may not use contact information provided by our users or collaborating Providers for the purpose of sending, or to facilitate the sending, of unsolicited communications.
In addition to our rights in these Terms and Conditions, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.
6. Changes to these Terms and Conditions
We may change these Terms and conditions at any time and will post the amended agreement on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your acceptance of the amended 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 the Site.
7. Links to other sites
The Site may include links to other websites, including links provided as automated search results. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
8. Content you post or submit
You may have the opportunity to submit feedback regarding your experiences with Providers who are featured on the Site, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity.
We reserve the right in our discretion to publish your Posted Information and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
- You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by RecoMed.
- You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
- You understand and agree that RecoMed may (but is not obliged to) review and delete any Posted Information in its discretion.
- You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Information on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, RecoMed an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, and publish such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that RecoMed shall have the exclusive right to exploit this license to the extent of combining your Posted Information with the Posted Information of other RecoMed users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
- The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. RecoMed reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:
- is false or intentionally misleading;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- is threatening, obscene, defamatory or libelous; or
- is pornographic or sexually explicit in nature.
9. Your use of content
All of the information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain RecoMed’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, RecoMed and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by RecoMed to you are retained by RecoMed.
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 the Site and/or Services or the unavailability of the Site and/or the Services.
We may terminate your registration without notice if in our opinion there has been a violation of these Terms and Conditions by you or by someone using your log in 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 the Site 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).
YOU AGREE TO INDEMNIFY US, OUR EMPLOYEES AND PROVIDERS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING ATTORNEY'S FEES ON AN ATTORNEY AND OWN CLIENT BASIS MADE BY ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO (A) YOUR ACCESS TO THE SITE, (B) YOUR USE OF THE SERVICES, AND/OR (C) THE VIOLATION OF THESE TERMS AND CONDITIONS, OR OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, BY YOU OR ANY THIRD PARTY USING YOUR LOG IN DETAILS. THE FOREGOING INDEMNIFICATION OBLIGATION DOES NOT APPLY TO LIABILITIES, CLAIMS AND EXPENSES ARISING AS A RESULT OF OUR OWN GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. THIS CLAUSE WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
13. Entire agreement
14. 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. The arbitration shall take place in Sandton and AFSA’a expedited rules shall apply. The aforegoing shall not however prevent either party seeking urgent injunctive relief in the courts.
We may assign this contract at any time.You may not assign, transfer or sublicense these Terms and Conditions to anyone else and any attempt to do so in violation of this section shall be null and void.
You must be 18 years of age or over in order to be eligible to use the Site and the Services.
Last Updated on August 16, 2023.