IMPORTANT:
- THE COMPANY VALUES ITS RELATIONSHIP AND THE PRIVACY OF ITS USERS. WE ARE COMMITTED TO PROTECTING YOUR PRIVACY.
- THIS APPLICATION AND WEBSITE WILL BE USED SOLELY FOR THE PURPOSES OF PROVIDING A PLATFORM FOR USERS AS DESCRIBED HEREIN.
- NO PERSONAL INFORMATION OF KWALI PARTNERS, BENEFACTORS AND BENEFICIARIES WILL BE SHARED WITH ANY UNAUTHORISED PERSON OR AUTHORITY.
- THE COMPANY WILL NOT BE LIABLE FOR ANY FALSE, INACCURATE OR UNTRUE INFORMATION PROVIDED BY KWALI PARTNERS, BENEFACTORS AND BENEFICIARIES, AS HIGHLIGHTED BELOW.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW; A. KWALI PARTNERS, BENEFACTORS AND BENEFICIARIES ACCESS AND USE THE APPLICATION AND WEBSITE AT THEIR OWN RISK; AND B. WE ARE NOT LIABLE OR RESPONSIBLE TO THE KWALI PARTNERS, BENEFACTORS AND BENEFICIARIES OR ANY OTHER PERSON FOR ANY LOSS UNDER OR IN CONNECTION WITH THESE TERMS, APPLICATION OR WEBSITE, OR YOUR ACCESS AND USE OF (OR INABILITY TO ACCESS OR USE) THEREOF.
INTRODUCTION
These Terms of Use, in conjunction with any Additional Agreements, authorise you to make use of the KWALI Appliaction and/or Website (the Application or Website). The Company will own the Application or Website at all times.
Read these Terms of Use and the Additional Agreements carefully before installing, downloading, or using the Application or Website. By clicking on the confirm button while installing, downloading, and /or using the Application or Website, you agree to all of the terms and conditions of these Terms of Use and applicable Additional Agreements. If you do not agree to all the terms and conditions of these Terms of Use, promptly click the “Do Not accept” button, and cancel the installation or downloading. You agree that your use of the Application or Website acknowledges that you have read these Terms of Use, understand it, and agree to be bound by its terms and conditions. If you do not agree to all of these terms, do not use the Application or Website.
1. DEFINITIONS
The words and/or phrases used in these Terms of Use and Additional Agreements will have the following definitions:
1.1. “Additional Agreements” collectively referred to as all related agreements, rules and service level agreements and such other rules and policies of the Application or Website;
1.2 "Application or Website" means the Application and Website developed by the Company. The Application or Website includes collectively, Services, all content of the Application or Website, the source code of the Application or Website; and upgrades, modified versions, updates, additions, and copies of the Application or Website in respect to which the rights are granted to you under these Terms of Use;
1.3 “Confidential Information” means any documentation or information, whether written or oral, provided by the Disclosing Party to the Receiving Party and all information regarding the business affairs, methods of operation, data, systems, procedures or products which the Receiving Party or its contractors, consultants, agents or other representatives may receive or which may come to their attention in connection with the business of the Disclosing Party or otherwise pursuant to this Agreement;
1.4 "Database" means the Company’s Database of Kwali Partners, Benefactors and Beneficiaries;
1.5 “KWALI PARTNERS” or “PARTNERS” means approved; Licensed Kwali Partners such as Doctors, Dentists, Pharmacists, Hospitals and other specialists with a valid practice number; (with a minimum of a completed Professional Qualifications i.e. medical degrees etc. certified by a Notary Public.), and is registered as a Subscriber on the KWALI Website; and is a Medical and Dental Practitioner registered with the Council of Zimbabwe is a statutory body established in terms of Section 29 of the Health Professions Act (Chapter 27:19) whose responsibility is to regulate the medical and dental professions in Zimbabwe. The functions of the Council inter-alia are to register, educate and discipline the medical and dental professions;
1.6 “Benefactors” means the funder of the Beneficiary’s KWALI Wallet;
1.7 “4U Health Group” or “the Company” means 4U Health Group Proprietary Limited, a private company registered as such under the laws of the Republic of South Africa, with company registration number 2019/412584/07 and having its principal place of business at 153 Turnhouse Street Highveld Centurion and that has created the Application;
1.8 “Health Care Services” means the furnishing of medicine, medical or surgical treatment, nursing, hospital service, dental service, optometrical service, complementary health services or any or all of the enumerated services or any other necessary services of like character, whether or not contingent upon sickness or personal injury, as well as the furnishing to any person of any and all other services and goods for the purpose of preventing, alleviating, curing or healing human illness, physical disability or injury.
1.9 “Beneficiaries” means the user of the Health care Services who will be treated by the Kwali Partners;
1.10 “Kwali Services” means the Application or Website services agreed between KWALI and the Healthcare Service Providers, KWALI and Beneficiaries and KWALI and Benefactors, respectively.
1.11 “Terms of Use” or “Terms” mean this Website Master Terms and Conditions for the use of the Application or Website which govern your access to and use of the Kwali Services.
2. INTERPRETATIONS
2.1 Any reference to a statutory provision or enactment shall include references to any amendment, modification or re-enactment of such statutory provision or such enactment (whether before or after the Signature Date) and any regulation or order made under such statutory provision or enactment.
2.2 Words importing a gender shall be treated as importing any gender.
2.3 Words importing the singular shall be treated as importing the plural and vice versa.
2.4 Expressions denoting a natural person shall be treated as including a juristic person and vice versa.
2.5 Clause headings and numbering are inserted for ease of reference only and shall not affect the construction of this Agreement.
2.6 Where any term is defined within the context of any particular clause in this Terms of Use, the term so defined shall, unless it appears clearly from the clause in question that such term has limited Website to the relevant clause, bear the meaning ascribed for all purposes in terms of the Agreement, notwithstanding that such term has not been defined in this clause 1.
2.7 The rule of construction that provisions are to be construed against the Party responsible for drafting an agreement or part of an agreement or on whose behalf an agreement or part of an agreement was drafted shall not apply to this Agreement.
2.8 The expiration or termination of this Agreement shall not affect such provisions as may expressly provide that they will continue to apply after such expiration or termination, or which of necessity must continue to apply after such expiration or termination.
3. APPLICATION OR WEBSITE AND ACCEPTANCE OF THE TERMS
3.1 The Terms are a legally binding agreement between you as the User or your Employer, and the Company (also referred to “we” as the context allows), so please read them carefully before using the Services.
3.2 By accessing the Application or Website or using the Services, you agree to accept and be bound by the Terms or such other Additional Agreements. Please do not use the Services or the Application or Website if you do not accept all of the Terms and Additional Agreements.
3.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with the Company, or (b) you are not permitted to receive any Services under the laws of South Africa or other countries/regions including the country/region in which you are resident or from which you use the Services.
3.4 You acknowledge and agree that the Company may amend any Terms at any time by posting the relevant amended and restated Terms on the Application or Website. By continuing to use the Services or the Application or Website, you agree that the amended Terms of the Application or Website will apply to you.
3.5 You will be required to enter into an Additional Agreement, whether online or offline, with the Company. If there is any conflict or inconsistency between these Terms and the Additional Agreement, the Additional Agreement will take precedence over these Terms only to that Service concerned.
3.6 The Terms may not otherwise be modified except in writing by an authorised director of the Company.
4. PROVISION OF SERVICES
4.1 You must register as Kwali Partners, Benefactors or Beneficiaries on the Application or Website to access and use some Services. Further, reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Kwali Partners, Benefactors and Beneficiaries subject to other conditions that the Company may impose in its sole discretion.
4.2 The Company may in its sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) concerning different Kwali Partners, Benefactors and Beneficiaries.
4.3 The Company may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) with prior written notice to a fee-based Service, such changes will not substantially adversely affect the Kwali Partners, Benefactors and Beneficiaries in enjoying that Service.
4.4 Users must keep details on profile up to date and not mislead or confuse the Kwali Partners, Benefactors and Beneficiaries relating to the use of the Application or Website.
5. RIGHT OF USE
5.1 The Company gives to you a non-exclusive, non-transferable right to use the Application or Website.
5.2 You accept the right given to you in terms of clause 5.1 above and you are only authorised to use the Application or Website for your own business needs and shall not abuse it for commercial exploitation or gain under any circumstances whatsoever.
6. USERS GENERALLY
6.1 As a condition of your access to the use of the Application or Website for the Services, you agree that you will comply with all Application or Website applicable laws and regulations when using the Application or Website or Services.
6.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Application or Website (the “Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Content to operate a business that competes with or otherwise commercially exploiting the Content. Systematic retrieval of Content from the Application or Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company, is prohibited. Use of any content or materials on the Application or Website for any purpose not expressly permitted in the Terms is prohibited.
6.3 The Company undertakes, in relation to any personal information provided by any Kwali Partners, Benefactors and Beneficiaries to comply with the requirements of the Protection of Personal Information Act, 4 of 2013 and with any other laws in force in Zimbabwe and the Republic of South Africa from time to time, which has as its object, the protection of an individual’s privacy.
6.4 The Company may allow Kwali Partners, Benefactors and Beneficiaries access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) or otherwise to such third parties' Application or Website. You are cautioned to read such Application or Website's terms and conditions and/or privacy policies before using the Application or Website. You acknowledge that has no control over such third parties’ Application or Website, does not monitor such Application or Website, and will not be responsible or liable to anyone for such Application or Website, or any content, products or services made available on such Application or Website.
6.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of and/or any other User nor to gain unauthorised access to such Application or Website, computer systems or networks.
6.6 By posting or displaying any information, content, trademarks or material (“Kwali Partners and/or Benefactors and/or Beneficiaries Content”) on the Application or Website or providing any Kwali Partners and/or Benefactors and/or Beneficiaries Content to or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the Kwali Partners and/or Benefactors and/or Beneficiaries Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Application or Website, the provision of any Services and/or the business of the User. You confirm and warrant to that you have all the rights, power and authority necessary to grant the above license.
7. CONFIDENTIAL INFORMATION
7.1 The party receiving Confidential Information (“Receiving Party”) from the party disclosing Confidential Information to the Receiving Party (“Disclosing Party”) pursuant to this Agreement, will keep all Confidential Information disclosed by the Disclosing Party pursuant to this Agreement, in strict confidence and shall not use any such information for any purpose other than the purpose for which it was disclosed, unless disclosure is authorised by the Disclosing Party in writing, or if the Receiving Party is ordered to disclose such information in the course of legal proceedings or by an order to court, or if the disclosure is required pursuant to any law.
7.2 For the purposes of this clause, Confidential Information does not include information:
7.2.1 that was known to the Receiving Party prior to disclosure by the Disclosing Party;
7.2.2 that is, or becomes public knowledge through no fault of the Receiving Party; or
7.2.3 that comes to the knowledge of the Receiving Party as a result of disclosure by a third party who is not in breach of any obligation of confidentiality.
7.3 Although we encourage you to communicate with us through the Services, and/or via email, we do not want you to, and you should not, send us any content that contains confidential information. With respect to all communication you send to us through the Services, and e-mails you send to us, including but not limited to, responses, submissions, feedback, questions, comments, suggestions, and the like, we will be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
8. KWALI PARTNER SIGN-UP
8.1 A Partner must accept these Terms of Use and be registered as a Kwali Partner on the Application or Website to access or use some Services. The Company may reject a Partners’ application for registration, for not meeting the necessary requirements or passed the necessary checks.
8.2 Upon registration on the Application or Website, the Company will assign an account and issue a member ID and password (the latter will be chosen by a registered Partners during registration) to each registered Partners.
8.3 A set of the Partners’ ID and password is unique to a single account. Each Partner will be solely responsible for maintaining the confidentiality and security of your Partners ID and password and for all activities that occur under your account. No Partners may share, assign, or permit the use of your Partners account, ID or password by another person outside of the Partners’ own business entity. The Partners agrees to notify immediately if you become aware of any unauthorised use of your password or your account or any other breach of security of your account.
8.4 The Partners agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, or sending emails using the email account) will be deemed to have been authorised by the Partners.
9. KWALI PARTNER OR BENEFACTOR’S RESPONSIBILITIES
9.1 The Company will, in its sole discretion, accept or deny the Services to a Partners or Benefactor.
9.2 Each Partner and Benefactor represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder; (b) you use the Application or Website and Services for business purposes only, and (c) the address you provide when registering is the principal place of business of your business entity.
9.3 KWALI PARTNERS will be required to provide information or material about your entity, business or products/services as part of the Order Form and/or registration process and for the purposes of delivering the Services on the Application or Website. Each Partner or Benefactor represents, warrants and agrees that (a) such information and material whether submitted during the Order Form or registration process or thereafter throughout the continuation of the use of the Application or Website or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
9.4 Each Partner and/or Benefactor further represents, warrants and agrees that the Kwali Partners and/or Benefactors and/or Beneficiaries Content that you submit, post or display will:
9.4.1 true and accurate;
9.4.2 not be false, misleading or deceptive;
9.4.3 not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
9.4.4 not contain information that is discriminatory or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
9.4.5 not violate the Terms or any Application or Website or applicable Additional Agreements;
9.4.6 not violate any Application or Website applicable laws and regulations (including without limitation those governing labour laws, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any Application or Website applicable laws and regulations;
9.4.7 conduct your business transactions in good faith;
9.4.8 not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
9.4.9 not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
9.4.10 not involve attempts to copy, reproduce, exploit or expropriate the Company’s various proprietary directories, databases and listings;
9.4.11 not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any Application or Website or hardware system, data or personal information;
9.4.12 not engage in any activities that would otherwise create any liability for the Company.
9.5 The Partners and Benefactors agree to provide all necessary information, materials and Application or Website approval, and render all reasonable assistance and cooperation necessary for the Company’s provision of the Services, evaluating whether Partners and/or Benefactors have breached the Terms and/or handling any complaint against the Partners and/or Benefactors. If the Partners’ or Benefactors’ failure to do so results in delay in, or suspension or termination of, the provision of any Service, will not be obliged to extend the relevant service period nor will be liable for any loss or damages arising from such delay, suspension or termination.
9.6 The Partners and Benefactors acknowledge and agree that Each Partner and Benefactor is solely responsible for complying with applicable laws and regulations in its respective jurisdictions.
10. BREACHES BY KWALI PARTNER OR BENEFACTOR
10.1 In the event of either Party ("the Defaulting Party") breaching any provision of this Terms of Use and failing to rectify such breach within ten days of receipt by the Defaulting Party of a written notice delivered to it by the other Party ("the Aggrieved Party"), calling upon the Defaulting Party to rectify such breach, the Aggrieved Party will be entitled at its election to seek specific performance of the Defaulting Party's obligations in terms of these Terms of Use or Additional Agreement, or to cancel this the Terms or Additional Agreement, in either instance without prejudice to the Aggrieved Party's right to claim any loss or damage it may have suffered by reason of such breach.
10.2 The Company reserves the right, in our sole discretion to remove, modify or reject any Content provided to the Application or Website which we reasonably believe is unlawful, violates the Terms, could subject to liability or is otherwise found inappropriate in the Company’s opinion.
10.3 If any Partners or Benefactor breaches any Terms, or if has reasonable grounds to believe that a Partners or Benefactor is in breach of any Terms, will have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Partners or Benefactor’s account and any and all accounts determined to be related to such account by in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) imposing other restrictions on the Partners or Benefactor’s use of any features or functions of any Service as may consider appropriate in its sole discretion; and (iv) any other corrective actions, discipline or penalties as may deem necessary or appropriate in its sole discretion.
10.4 The Company reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, may disclose the Partners and/or Benefactor 's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. will not be liable for damages or results arising from such disclosure, and Partners or Benefactor agrees not to bring any action or claim against for such disclosure.
10.5 The Company may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Partner’s or Benefactor’s use of any Service or the Application or Website without being liable to the Partners or Benefactor if notified that the Partner or Benefactor is in breach of any Terms or Additional Agreement or undertaking and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities.
10.6 Each Partner or Benefactor agrees to indemnify the Company, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any Content, from your use of the Application or Website or Services, or from your breach of the Terms.
11. LIMITATION OF LIABILITY
11.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) the Services provided by on or through the Application or Website are provided "as is", "as available" and “with all faults”, and hereby expressly disclaims any and all warranties, express or implied, including but not limited to:
11.1.1 The Company does not guarantee the suitability of any Partners for the Services and it shall be the responsibility of the Benefactor and the Beneficiary to determine whether a Partners satisfies the requirements for which the Application or Website was created. Further, save for identity verification and the provision of the agreed additional Services, if any, neither nor the Application or Website is able to independently verify any information provided by the Partners.
11.1.2 The Company will not bear any liability for loss or damage suffered by the Benefactor or Beneficiary, and shall not be entitled to any refund or reduction of the fees paid, or due and payable to the Company.
11.2 Any material uploaded and/or downloaded or otherwise obtained through the Application or Website is done at each Partner and Benefactor's sole discretion and risk and each Partner and Benefactor are solely responsible for any damage to the Company’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from or through or from the Application or Website will create any warranty not expressly stated herein.
11.3 Each Partner and Benefactor hereby agrees to indemnify and save the Company, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Partner’s and Benefactor’s use of the Application or Website for the Services or from your breach of any of the terms and conditions of the Terms. Each Partner, Benefactor and Beneficiary hereby further agrees to indemnify and save the Company, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from a Partner’s, Benefactor’s and Beneficiary's breach of any representations and warranties made by the Partner, Benefactor and Beneficiary to the Company, including but not limited to those set forth hereunder.
11.4 The Company will not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following; the use or the inability to use the Application or Website or Services; unauthorised access by third parties to data or private information of any Partner, Benefactor and Beneficiary; statements or conduct of any User of the; or any matters relating to Services however arising, including negligence.
12. FORCE MAJEURE
Under no circumstances will be held liable for any delay or failure or disruption of the content or Services delivered through the Application or Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, power or internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
13. INTELLECTUAL PROPERTY
13.1 The Company is the sole owner or lawful licensee of all the rights and interests in the Application or Website and the Site Content. The Application or Website and Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Application or Website and Content will remain with the Company. All rights not otherwise claimed under the Terms or by are hereby reserved.
13.2 “4U Health Group” and related icons and logos are trademarks, registered or unregistered of the Company, in various jurisdictions and are protected under copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
13.3 By and through the use of the Application or Website and Services, you hereby give permission to publish and/or use your logo or trademark for all purposes. You understand that may use said logo or mark for advertising and/or marketing relating to the Company, the Application or Website, partner Websites, and all other purposes related to the Company. may use your logo or mark for these purposes without further permission or acquiescence. You hereby release from all liability relating to the publication or use of the logo/mark.
14. NOTICES
14.1 All legal notices or demands to or upon will be made in writing and sent to personally, by courier, registered mail or dedicated email address to the contact details below.
14.2 Any notice is given by a or an Employer ("the addressee") which:
14.2.1 is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being, will be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; and
14.2.2 is transmitted during normal business hours by electronic mail to the addressee’s email address, will, unless the contrary is proved by the addressee, be deemed to have been received by the addressee within twenty-four hours of the date of transmission, and if transmitted after normal business hours will be deemed to have been received by the addressee within twenty-four hours from the first business day succeeding the date of transmission.
15. GENERAL PROVISIONS
15.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and with respect to and govern your use of the Application or Website and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
15.2 The Company, Partners and Benefactors are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
15.3 If any provision of the Terms is held to be invalid or unenforceable, such provision will be deleted and the remaining provisions will remain valid and be enforced.
15.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
15.5 The Company’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of the Company’s right to act with respect to subsequent or similar breaches.
15.6 The Company will have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of the Company). You may not assign, in whole or part, the Terms to any person or entity.
15.7 The Terms and Additional Agreements will be governed by the laws of South Africa without regard to its conflict of law provisions and the parties to the Terms agree to submit to the non-exclusive jurisdiction of the courts of South Africa and specifically the High Court of South Africa, Gauteng Local Division, Pretoria.
16. DISPUTES WITH THE COMPANY
16.1 In the event of there being any dispute or difference between the parties arising out of this Terms of Use or Additional Agreement, the said dispute or difference shall on written demand by either party be submitted to arbitration in Johannesburg in accordance with the AFSA rules, which arbitration shall be administered by AFSA.
16.2 Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, or should AFSA refuse to accept the particular request for arbitration for whatever reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration (as of last applied by AFSA) before an arbitrator appointed by agreement between the parties or failing agreement within 10 (ten) business days of the demand for arbitration, then any party shall be entitled to forthwith call upon the chairperson of the Johannesburg Bar Council to nominate the arbitrator, provided that the person so nominated shall be an advocate of not less than 10 (ten) years standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of the attorneys of the parties failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on the parties to the dispute.
16.3 Any Party to the arbitration may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration.
16.4 Nothing herein contained shall be deemed to prevent or prohibit a party to the arbitration from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.
16.5 Any arbitration in terms of this clause 17 (including any appeal proceedings) shall be conducted in camera and the parties shall treat as confidential details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration.
16.6 This clause 17 will continue to be binding on the parties notwithstanding any termination or cancellation of the Agreement.
16.7 The parties agree that the written demand by a party to the dispute in terms of clause 17.1 that the dispute or difference be submitted to arbitration, is to be deemed to be a legal process to interrupt extinctive prescription in terms of the Prescription Act, 68 of 1969.
17. ECTA AND PAIA
17.1 These terms are subject to the provisions of ECTA and any of the terms that are in conflict with any of the compulsory provisions of the ECTA will be deemed to have been modified so as to comply with the ECTA.
17.2 For the purposes of the ECTA, the Company’s information is as follows, which should be read in conjunction with its Service descriptions, Additional Agreements and other terms and conditions contained on the Application or Website:
17.2.1 Full name: 4U Health Group Proprietary Limited, a private company registered as such under the laws of the Republic of South Africa, with company registration number 2019/412584/07 ;
17.2.2 Main business: offering a payment platform for healthcare providers;
17.2.3 The physical address for receipt of legal service 153 Turnhouse Street Highveld Centurion;
17.2.4 Office bearer: Mercyfull Murove;
17.2.5 Official email address: mercym@health4ugroup.com ;
17.2.6 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.