Terms and conditions – Embrace App

Welcome to Get-Embrace. Thank you for choosing Embrace to guide you through your healthcare journey.

These terms and conditions (“Terms”) apply to the Embrace mobile application, the Get-Embrace website, (www.get-embrace.com. www.get-embrace.co) and any other product or service provided by Embrace. The Embrace mobile application, and Get-Embrace website is provided by Embrace Women’s Health, a private company duly registered in the Republic of South Africa.

Definitions
1. “App” refers to the Embrace mobile application, updated periodically.
2. “Consent” means any voluntary, specific, and informed expression of will in terms of which permission is given for the processing of personal information, including your special personal information;
3. “Consultation” means an appointment scheduled via the App with a Practitioner and conducted via a specified electronic or digital channel.
4. “Embrace”, “our”, “us” or “we” means Embrace Women’s Health Proprietary Limited (Registration No. 2022/859607/07 ), the entity providing this platform.
5. “Personal Information” shall bear the meaning as set out in section 1 of the Protection of Personal Information Act No. 4 of 2013 (POPIA). Please refer to our Privacy Policy on our website at XXX for further information on how we process your Personal Information.
6. “Practitioner” refers to any healthcare and wellness practitioner registered as a service provider on the App.
7. “Processing” or “Process” shall bear the meaning as set out in section 1 of POPIA and in our Privacy Policy;
8. “Services” encompasses the medical and/or health-related teleconsultation services provided via the App.
9. “Special Personal Information” shall bear the meaning as set out in section 1 of POPIA and in our Privacy Policy.
10. “Teleconsultation” means an appointment scheduled via the App with a healthcare provider.
11. “User” or “you” refers to any individual who registers and uses the App.

Healthcare & Wellness Services
1. Embrace serves as a conduit connecting you to Practitioners via our Platform. Each Practitioner partnering with us is rigorously vetted and licensed, where applicable, to ensure a high standard of care. Our Platform is designed to facilitate the booking of teleconsultations and enable communication with Practitioners. The term “Services” within these Terms pertains solely to the functionality of our application and website, including the content therein, and does not encompass the actual consultations or treatments provided by the Practitioners. You are responsible for selecting a suitable Practitioner for your healthcare needs, and while we strive to ensure the availability of Practitioners, we do not guarantee their services. Embrace is a facilitator and not a provider of medical services or advice.
2. The Practitioner you engage with is solely responsible for the medical services and advice provided. Embrace is a technological interface that connects you with Practitioners potentially interested in offering medical services, but we make no claims regarding the quality of the services or advice they provide. None of the content on the Platform should be considered a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare providers for any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on our Platform.

Acceptance of Terms
1. By engaging with Embrace’s digital offerings, including our App and website, you are entering into a binding contract with Embrace . These Terms encompass your use of our App, which may extend to our website, associated media, and any digital channels linked to our platform (collectively referred to as the “Platform”). You will be required to accept these Terms before using the Platform. By accessing the Platform, you acknowledge your comprehension of and agreement to adhere to these Terms, our Privacy Policy, and any supplementary terms that may apply to specific features, services, or products we provide (all considered part of these Terms). We may periodically update these Terms, and when we do so, you will be presented with the latest version of the Terms the next time you access the Platform. You will be prompted to accept the updated Terms before you may continue using the Platform and your continued use of the Platform is indicative of your consent to be bound by the Terms.
2. In the event that you, the User, do not agree to these Terms, you may not continue using the Platform.
3. If we are unable to verify any of your information that you provide on the Platform, we are entitled to refuse to provide any Services to you.
4. The Platform is not designed for distribution or use in any jurisdiction or country where such use would be contrary to local laws or regulations, or would obligate us to any registration requirement within such jurisdiction. If you access the Platform from other locations, you do so on your initiative and are responsible for compliance with local laws, to the extent they are applicable.

The Services
1. The Services available via the Platform from time to time include (but are not limited to) the following:
  1. scheduling Consultations with a Practitioner;
  2. access to informative articles and posts regarding specific women’s health matters;
  3. direct-messaging with Embrace’s Healthcare Advocate, enabling you to obtain guidance, referrals or non-medical or treatment advice; and
  4. any other healthcare related services provided through the Platform from time to time, noting that we may make changes to our Services offered at any stage and in our sole discretion.
2. Any medico-legal relationship that may be created between you and a Practitioner, in the course and scope of your using of the Services, is entirely between yourself and that Practitioner.
3. Subject to any and/or all applicable laws, we do not make any warranties or representations, whether expressly or implicitly:
  1. concerning the accessibility, continuity, or interruption of any of the Services (including any network, internet, reception, technology, data or power-related issues, all of which are beyond Embrace’s control), or its fit for purpose;
  2. that the Platform will at all times be free from bugs, errors, viruses and/or other faults;
  3. that the Platform will not infringe any third-party rights, be secure and reliable;
4. You acknowledge that the Platform and the Services are provided by Embrace, using its reasonable endeavours, on an as-available and as-is basis.
5. Embrace, in the absence of its gross negligence or wilful misconduct, will not be liable to any person for the content of and/or the use of Services whether provided by Embrace or a third party.

User Commitments and Responsibilities
1. As a participant in the Embrace ecosystem, using the Services, you warrant the following to us:
  1. the details you provide upon registration are, and will continue to be, valid, complete, and accurate;
  2. you accept the responsibility to keep your information up-to-date and promptly amend any details as necessary;
  3. you possess the legal standing and consent to adhere to these Terms and to engage with Practitioners;
  4. you are not a minor under the age of 18;
  5. [In cases where you are a minor, or otherwise lack the legal capacity to form a binding contract, you have obtained consent from your parent or legal guardian, who then assumes full responsibility and agrees to these Terms, as well as all subsequent obligations];
  6. you will engage with our Platform directly, without the use of any automated systems or non-human entities;
  7. your use of our services will not contravene any laws, regulations, or rights of third parties;
  8. you commit to using the Platform solely for lawful and intended purposes;
  9. you are authorised to use the mobile phone, laptop or other device for purposes of the Services, as well as the available payment methods (credit card, EFT, etc) to make payment, as the case may be;
  10. you understand the financial commitment involved in utilising the Services.
2. Should any information you provide prove to be false or misleading, we reserve the right to suspend or terminate your access to our Platform and to negate any present or future use of our Services.

Consent
1. You agree and consent to receive your selected Services, including, but not limited to Consultation, diagnosis, treatment, and/or referral, by a Practitioner.
2. You agree and consent to Embrace collecting and processing your Personal Information, including Special Personal Information, relating to your demographics, health status and medical history, employment details and billing details for the purposes of:
  1. providing the Services to you;
  2. your chosen Practitioner determining the correct treatment option or diagnostic procedure, where you have consented to your Personal Information and/or Special Personal Information being shared with them;
  3. for operational purposes, including maintaining medical records;
  4. to register and authenticate your profile on the App;
  5. historical, statistical, and research purposes;
  6. auditing purposes;
  7. compliance with legal obligations;
  8. notifying you of health-related information, updates, or reminders that are directly relevant to you; and
  9. any other legitimate and lawful purpose as required by Embrace.
3. You are not obligated to share this information with us and while we will endeavour to assist you where possible, should you choose not to provide some or all of this information it may impact the Services that we are able to provide to you, and may also require us to refer you to an alternative healthcare practitioner.
4. If you have questions or concerns about the use of your Personal Information, please contact Embrace’s Information Officer at lauren@get-embrace.co.
5. You have the right to access and rectify the information you have provided to us, or to object to it being processed, by contacting the Information Officer. You also have the right to submit a complaint to the Information Regulator, using the following details:
6. You agree and consent to the electronic transmission of information to you for purposes of the Consultation including the electronic transmission of prescriptions, sick notes, etc. Certain confidential information transmitted to you will be password protected or encrypted.
7. You may ask the Practitioner any questions you may have about your health to help you make an informed decision and choice about the treatment that you receive, and you may choose, at your own risk, whether you accept or refuse any recommendations provided to you by your Practitioner.
8. You hereby specifically represent and warrant to and in our favour that all information offered, provided, discussed with, and/or communicated to Embrace or any Practitioner about yourself whilst making use of a selected Service, will be absolutely true and correct in every respect and regard – hereby acknowledging the importance as to the serious consequences if such information is not true and correct.
9. We cannot and do not guarantee that a Consultation with a Practitioner is the appropriate course of action for your particular healthcare needs.
10. You can deregister from the Platform (and any subsequent care) at any stage.
11. You agree and acknowledge that your chosen Practitioner may recommend that you seek an in-person consultation with another healthcare practitioner if the Practitioner is of the opinion that a Consultation via the Platform is not suitable for your needs.

Account Creation and Security
1. Our Platform requires you to register as a Client before you are able to utilise our Services and it is incumbent upon you to maintain the confidentiality of your account credentials.
2. We hold the authority to intervene in the event that a chosen username is deemed inappropriate, infringes on third-party rights, or is objectionable by our standards.
3. For the integrity of the platform, you must provide accurate login credentials each time you access our services. Failure to do so will result in access being restricted.
4. You acknowledge that once your correct username and password are entered, regardless of the authenticity of the access, you are responsible for any subsequent usage of our services.
5. It is your duty to inform us without delay upon any suspicion or knowledge of unauthorised use of your account details, and to take immediate steps to mitigate any potential impact.

Payments
1. Consultations booked via the App must be paid for at the time of scheduling.
2. You shall bear any additional costs incurred during the use of the Services, such as data charges.
3. You acknowledge that:
  1. you will be liable for the cost of the Consultation with the Practitioner as well as any additional costs such as treatments or filling of prescriptions;
  2. you are responsible for ensuring that your chosen payment method is valid and have sufficient funds available to pay for a Consultation at the time of payment;
  3. when you add a new payment method, we may charge that payment method immediately to validate it before processing payment for any Services. This fee will be refunded or credited to your account;
  4. all costs for Consultations or other Services are quoted inclusive of VAT, applicable taxes or bank charges;
  5. if you access our service from outside of South Africa, the costs quoted will not include local taxes, value added tax, or other fees that may apply in the jurisdiction and you will be liable for these fees;
  6. the costs will be presented to you on the Platform, but Embrace reserves the right to change the costs at any time, except for upcoming Consultations previously booked and already paid for;
  7. your medical aid scheme (or other insurance facility) may not cover the full costs of the Services that you incur, and you will remain liable for any shortfall;
  8. that accounts in respect of services, which includes your personal information such as your diagnosis, may be provided to the person responsible for payment.

Cancellation & Rescheduling Policies
1. Consultations can be rescheduled or cancelled according to the cancellation policy provided in the App.
2. Failure to comply with the cancellation policy may result in a charge for the scheduled Consultation.

Data Protection and updates to Personal Information
1. We are committed to protecting your personal information in line with the Protection of Personal Information Act (POPIA).
2. Our privacy policy, as outlined on our website and App, is incorporated by reference into these Terms of Use.
3. You agree to ensure that the Personal Information which you provide to us is periodically updated and that our records that relate to you are accurate.
4. In the event that your Personal Information changes, you bear the responsibility of informing us so that we can update our records accordingly. You may notify us of such changes at lauren@get-embrace.co or 072-871-0179.

Medical Aid Scheme Engagement
1. At Embrace, we pride ourselves on facilitating seamless access to healthcare professionals through our innovative Platform. While our services are designed to provide convenience, we wish to clarify the scope of our role in relation to medical aid schemes.
2. Client Responsibility: As a valued user of Embrace, the onus rests upon you to engage directly with your medical aid scheme regarding the coverage of services available through our Platform. Embrace is not responsible for submitting claims to medical aid schemes or managing any communications or claims processes with medical aid schemes, and such undertakings must be managed by you, the client.
3. Independent Practitioner Verification: We understand the importance of medical aid coverage for healthcare services. While our Platform hosts a network of licensed healthcare practitioners, Embrace does not verify the compatibility of their services with any medical aid schemes. We recommend that prior to securing a consultation, you confirm with the chosen Practitioner and/or your medical aid scheme whether their services are claimable under your specific medical aid plan.
4. Acknowledgment of Liability: By utilising our Platform for your healthcare needs, you acknowledge that Embrace is not liable for any disputes or rejections of claims by your medical aid scheme. Furthermore, Embrace holds no obligation to ascertain the eligibility of services provided by practitioners for claims under medical aid schemes. Your proactive verification with practitioners serves to ensure transparency and to safeguard against any potential incongruences with medical aid scheme policies.

Ownership and Use of Platform Content
1. The Embrace Platform, including all its content such as text, data, code, databases, software, icons, interfaces, audio, video, brand elements, and graphics (hereafter, the “Materials”), along with all associated trademarks, service marks, and logos (the “Brands”), is the exclusive property of Embrace or the respective licensors and is protected by copyright, trademark, and other intellectual property laws of South Africa, as well as by international copyright conventions and laws of other countries.
2. The Materials and the Brands are made available for your individual, non-commercial use, strictly for the purpose of accessing our services and obtaining information. Any other use, such as copying, reproduction, compilation, modification, dissemination, display, performance, publication, downloading, posting, transmission, or distribution in any form, manner, or method, for any purpose without explicit, written consent from Embrace is strictly prohibited.
3. Subject to your compliance with these Terms and adherence to the intended use of the Platform, Embrace grants you a non-exclusive, non-transferable, limited-use right to access and make personal, non-commercial use of the Platform. This license does not include any rights not explicitly outlined in these Terms, and all rights not specifically granted are reserved by Embrace.
4. By accessing our Platform, you recognise that unauthorised use of the Materials or Brands may constitute a violation of intellectual property laws and Embrace’s proprietary rights. We enforce our intellectual property rights to the fullest extent legally possible.

Acceptable Use Policy
1. Embrace’s Platform is intended for personal, non-commercial use, except as explicitly authorized by us. You are obliged to adhere to our acceptable use policy, which includes:
  1. avoiding the collection or harvesting of user data from our Platform without explicit permission;
  2. using your account authentically without engaging in deceitful practices or impersonating others;
  3. respecting the Platform’s security features and not interfering with its operations or burdening its infrastructure;
  4. refraining from using the Platform for unauthorised advertising, sales, or other commercial activities;
  5. not misusing any content or technology comprising the Platform, including attempting to reverse engineer our systems;
  6. abiding by all applicable laws while using the Platform and respecting the rights of all users and Embrace personnel;
  7. that the Services are not used in an unreasonable manner. Unreasonable is considered where the use of the Service:
    1. is fraudulent;
    2. involves non-ordinary use, including usage to harass, menace, or injure any person or damage anything
    3. causes significant Platform congestion, disruption or otherwise adversely affects the fair rights of use of others; or
    4. where Practitioners are exposed to abusive interactions.
2. Violations of these guidelines may result in restricted access or termination of your account. It is your responsibility to remain informed about these policies and to follow them diligently.

Marketing and Communications
1. Your agreement to these Terms includes consent to receive marketing communications from Embrace via various channels, including but not limited to email, SMS, WhatsApp, and social media. Should you choose to opt-out of receiving these communications, you can do so at any time, and we will process your request to unsubscribe promptly.

Limitations of Liability
1. Under no circumstances (except in the case of our gross negligence) will Embrace or its affiliates be liable to you or any third party for any direct, indirect, consequential, or other damages, claims or losses arising from your use of the Platform and/or the Services or the processing and disclosure of your Personal Information. This includes, but is not limited to, damages for lost profits, data loss, or any other intangible losses, even if we have been advised of the possibility of such damages.
2. Indemnification You agree to indemnify and hold harmless Embrace, its subsidiaries, affiliates, and their respective officers, agents, partners, and employees from any claims, loss, damages or demands made by any third party due to or arising out of your use of the Platform and/or the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

Miscellaneous
1. These Terms, along with any additional policies or operating rules we may post, constitute the entire agreement between you and Embrace. Our failure to exercise any right shall not be deemed a waiver of that right.
2. If any provision of these Terms is deemed invalid, the remainder of the Terms shall continue in full effect.
3. No joint venture, partnership, employment, or agency relationship exists between you and Embrace as a result of these Terms or your use of the Platform.
4. These Terms shall be governed by the laws of the Republic of South Africa, and any disputes will be subject to the jurisdiction of the South African courts.

CONTACT US

For any queries or concerns regarding the Platform or to seek more information, you can reach out to us at Embrace Health, located at our registered address or through our customer support channels detailed on our website.