CONTRO WEBSITE TERMS AND CONDITIONS

PLEASE READ THIS STATEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS THIS WEBSITE. ACCESS OF THIS SITE BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

THESE TERMS AND CONDITIONS APPLY TO ANY WEBSITES, APPS OR PLATFORMS OPERATED BY CONTRO.

Introduction

The Terms describe your rights and responsibilities regarding the use of the Website, which is owned and operated by Contro SACO (Pty) Limited (“Contro”). In these Terms, “we”, “our”, “us”, and “Contro” collectively refer to Contro SACO (Pty) Limited, and “I”, “my”, “user”, “you” and “yours” refer to the person using the Website. Use of the Website is governed by these Terms and our Privacy Policy. By accessing or using the Website, you acknowledge that you have read, understood and agree to be legally bound by and comply with these Terms and our Privacy Policy.

BY MAKING USE OF THE CONTRO WEBSITE YOU THE USER, ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

Contro Services

The Website is intended to facilitate the following services (the “Services”): (1) the gathering of health care records and information for use in Partner Doctor encounters and communications; (2) administrative support for scheduling and payment for telehealth services; (3) administrative support for coordinating optional fulfilment and payment for diagnostic testing and prescription medications ordered or prescribed by Partner Doctors performing Telehealth Services; and (4) technology support for using the Website as a means of direct access to Partner Doctors provided by affiliated professional entities for communication, consultations, assessments, and treatment by such Partner Doctors (the “Telehealth Services”).

You understand that the Website gathers personal information from you to enable a Partner Doctor through the Telehealth Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you. You give Contro consent to send and disclose to the affiliated professional entities and their Partner Doctors all your information so that you may receive Telehealth Services.

Contro strictly does not provide any medical services. Contro will record and send your request for medical services to a licensed medical practitioner (HPCSA registered (“Partner Doctors”)) in South Africa. All Partner Doctors who deliver Telehealth Services through the Website are independent professionals contracted or employed with affiliated professional entities that coordinate with Contro, and are solely responsible for such Telehealth Services provided to you.

Eligibility

You the user, acknowledge and accept, to make use of the Services through the Website, the following must be true:

You are at least 18 years of age or older.

You live in South Africa and in a province or area where Contro’s services are available.

You are capable of entering into a legally binding agreement with Contro.

You are registering, completing any health assessment and consulting with a Partner Doctor solely for your own accord and not for anyone other than yourself.

You will provide us with true personal information such as your name, sex at birth, email address, mobile telephone number, date of birth, medical history, medical aid scheme details and designated delivery address to be used by your Partner Doctor and the Partner Pharmacy during the fulfilment of the Services.

You have compatible computing and/or mobile device, access to the internet, and certain necessary software in order to use the Website and perform a Consultation with a Partner Doctor.

Partner Doctor and User Relationship

You accept that a Partner Doctor using the Website has the right to decline responsibility for your treatment if the Partner Doctor (by way of a professional decision considering Your Information) determines that you are an unfit applicant for this Website and the Service(s) it offers.

You accept that making a request for treatment (by completing a health assessment, making payment and booking a Consultation) or sending a message through the Website does not in and of itself create a duty of care or create a relationship between yourself and one or more of the Partner Doctors operating through the Website.

You accept that the Partner Doctor will only take responsibility for the treatment you have requested only after the Partner Doctor has reviewed your application for medical services, reviewed all the information you have supplied, and then subsequently accepted that you are a good and healthy candidate for the Services during your Consultation.

You accept that your assigned Partner Doctor does not replace your primary doctor or GP. In the instance you do not have a primary doctor or GP, your assigned Partner Doctor does not become your primary doctor and is not responsible for your ongoing primary care.

You accept that the treatment provided to you by your assigned Partner Doctor is a supplementary service, and does not create a primary doctor or carer relationship.

You accept that it is your responsibility to perform bi-annual check-ups to ensure you remain in good health with your primary doctor or at the nearest government clinic. Should you refuse to perform bi-annual checkups, you agree to absolve Contro and your assigned Partner Doctor of any and all liability for any harm or damage caused by your prescribed treatment from your Partner Doctor.

You accept that it is your responsibility to update your Partner Doctor with any changes in your physical or mental health as soon as you, your primary carer or a third-party practitioner becomes aware of the change, to allow for your Partner Doctor to consider if changes need to be made to your initial or ongoing treatment plan.

You accept that there may be a reasonable period of time that passes before a Partner Doctor reviews your application and/ or health assessment for medical services and any messages and/ or emails you send.

You accept that any treatment or care provided by a Partner Doctor is done so on their own accord and is exclusive of Contro.

You accept that the relationship, if any, created by the Partner Doctor by virtually or telephonically consulting with you, is between you and the attending Partner Doctor, in turn, you agree to absolve Contro of any and all liability in regards to your treatment or care through the Website and use of our Services.

You accept that if you are in any way unhappy, prejudiced or harmed by the treatment or care provided by your Partner Doctor, any dispute, claim or complaint shall be against your Partner Doctor and not Contro.

Partner Doctor reliance on information you supply

By making use of the Website you are pursuing a doctor-patient relationship where the Partner Doctor relies exclusively upon Your Information during the registration, health assessment and Consultation processes to make a professional medical decision as to whether or not the requested medical services are suitable for you.

You, the user, acknowledge and accept that the Partner Doctor will consider Your Information is true, correct, accurate and complete.

Your assigned Partner Doctor will review your active order or subscription periodically and reserves the right to cancel your order or subscription and request further information by way of a consultation. A consultation can be facilitated or arranged by placing a new order or request for the relevant treatment service through the Website.

Communication

You accept that by using the Website, electronic communication with a Partner Doctor may not be in real-time.

You accept that you must check the Website, mobile phone as well as the email address’s inbox and spam folder you supplied during the registration process for messages from Contro or a Partner Doctor as this is the only form of communication that Contro will use to relay important information and/ or questions to me.

You accept that if you do not check the Website or the email address you supplied regularly, your treatment may be delayed for an indefinite amount of time.

If you have any questions relating to your care that are not urgent and are not an emergency, you can email doctors@contro.co.za. In case of an emergency please seek in-person care or contact 112.

You accept that Contro and/ or the Partner Doctor may not attend to or review your message(s) until five business days have passed since the date and time on which the message(s) were sent.

You accept that a Partner Pharmacy will contact you from time to time to confirm your personal and delivery details.

You accept that the Partner Pharmacy or a third-party courier service may contact you through your supplied email address or mobile phone number for the delivery of your medication.

You accept that the Contro may send marketing material to your supplied email address or mobile phone number for the delivery of your medication, unless you opt out by unsubscribing.

Payment and Subscriptions

As a user of the website, you acknowledge and accept that when you provide Your Information for Telehealth Services, you confirm that your payment details, medical aid, contact information, and delivery address are complete and accurate. Any incorrect information may cause a delay in your consultation and/or the delivery of your treatment.

You also acknowledge and accept that by submitting Your Information for Telehealth Services, you agree to pay all fees due. At checkout, you will be prompted to provide your payment details, and you may be required to make further payments for follow-up consultations, medication, medical aid claim fails, and other related fees or costs.

By entering your payment information and submitting your request for services, you authorize Contro, their affiliates, or their third-party payment processors to charge the amount due and any future amounts, fees or costs due.

You, the user, are responsible for all fees due to receive the Services, including any fees charged by the Partner Doctors, the Partner Pharmacy, affiliated professional entities, and any applicable medical aid scheme co-payment amounts.

If your credit or debit card expires or Contro, their affiliates, or their third-party payment processors are unable to process your payment, you may receive a notice to provide an alternative payment method. Contro and/or the Partner Doctors and Partner Pharmacy have no obligation to provide any Services unless and until full payment has been received and/or verified.

You should also be aware that the price of your medication may change over the period of your subscription to the Services in line with the SEP prices determined by the Department of Health.

You are able to pause any of your active orders or subscriptions for up to sixty (60) days. After this period, your order or subscription will be automatically cancelled, and cannot be reactivated. To pause your order or subscription, please contact the Contro Customer Care Team at support@contro.co.za. Please note, that you must pause your subscription at least 2 business days in advance of your next repeat date.

You are able to cancel an active subscription on your profile or by emailing the Contro Customer Care Team at support@contro.co.za. Please note, that if you wish to cancel via email, this must be done at least 2 business days in advance of your next repeat date.

You may request to change your prescribed medication during your subscription with us. You may do this by emailing the Contro Customer Care Team at support@contro.co.za, who will pass your request on to your assigned Partner Doctor. This request will be processed within 2 business days. Please note, that if you wish to change your prescribed medication for your next delivery, this request must be made at least 2 business days in advance of your next repeat date.

Refunds and Returns

You, the user, acknowledge and accept that subject to your rights under South African law, including but not limited to Consumer Protection Act, No 68 of 2008 (the “CPA”), a partial or full refund will only be considered and actioned in certain circumstances.

Your consultation must take place within ninety (90) days of successfully submitting payment through the Website. If you do not attend the consultation within this time period, your order will be cancelled and you will not be eligible for a refund.

If your Consultation does not take place because the attending Partner Doctor fails to perform the Consultation due to non-technical related issues, you agree to allow Contro to reschedule your consultation within 2 business days. Should Contro not be able to facilitate an appropriate alternative consultation time within 2 business days with a Partner Doctor, a full refund of your service fees will be available should you request it.

If you wish to cancel your Consultation either prior to making a booking or prior to the scheduled time subject to below, you will be entitled to a partial refund of your service fees, and a reasonable fee of seventy-five rand (R75.00) will be imposed in line with the CPA.

In the event that you cancel your Consultation or order within twelve hours of your booked Consultation time, the Partner Doctor cannot contact you, you fail to attend the Consultation, you provided incorrect contact details or there is a technical failure on your end and the Consultation cannot be performed, you will not be eligible for a refund of your service fees. However, you will be given the opportunity to reschedule your Consultation free of charge. Please note that you can only reschedule your Consultation once.

In the event that you cancel your rescheduled Consultation or order within twelve hours of your booked rescheduled Consultation time, the Partner Doctor cannot contact you, you fail to attend the rescheduled Consultation, you provided incorrect contact details or there is a technical failure on your end and the rescheduled Consultation cannot be performed, you will not be eligible for a refund of your service fees and your order will be cancelled.

If your Consultation takes place with your assigned Partner Doctor or an alternative Partner Doctor, the service fees paid are not subject to or eligible for a refund.

All service fees charged relating to subscription or repeating orders are not eligible for a refund.

Please note that Contro or the Partner Pharmacy cannot accept returns of prescription medication or products for reuse or resale, and all medication-related sales are final.

Our Partner Pharmacy will accordingly not accept the return of any medicine for credit or replacement unless there is a defect in the medicine or its packaging at the time of supply, or if an incorrect medicine has been dispensed in relation to the prescription provided. If you believe the Partner Pharmacy has made an error in fulfilling your prescription, please contact our Customer Care Team at support@contro.co.za.

Medical Aid Scheme Claims

You, the user, understand and accept that the professional services offered through Telehealth Services are not covered by medical aid schemes, and as such, Contro or their affiliates will not submit any claims for such services to medical aid schemes.

If you choose to claim your medication costs through the website from your medical aid scheme, the Partner Pharmacy will make a claim on your behalf every month you are subscribed to the Services. It is your responsibility to provide and keep up-to-date with the correct medical aid scheme details on the website.

The Partner Pharmacy may contact you from time to time to confirm your medical aid details if you have elected to claim your medication through your medical aid scheme. You accept that you are responsible for all fees due to receive the Services, including any extra fees charged by Contro or the Partner Pharmacy in the instance that your medical aid claim is rejected by your medical aid scheme provider for any reason whatsoever.

In the event of a co-payment from your medical aid, you agree to directly settle any outstanding debts with the Partner Pharmacy upon request. If your medical aid scheme will not pay for your medication, it is your responsibility to update your personal details and elect to pay cash for your medication.You understand that our Partner Pharmacy will not be able to prepare and dispatch any medication until all outstanding debts are settled.

If you are contacted by a Contro representative and elect to pay cash for your medication, you grant express permission to that representative to charge your card for the outstanding amount on the given day and going forward for the remainder of your subscription through the website.

Your Responsibilities

As a user, you agree to the following:

Provide accurate, complete and correct information through the website and maintain and update it as necessary.

Use the website solely for personal use and keep your personal identification information accurate and truthful. You agree to keep your username and password confidential and log out of your account at the end of each session.

Immediately notify Contro of any unauthorized use of your username, password, or any other breach of security by emailing support@contro.co.za.

Understand that additional information may be requested by Contro, affiliated professional entities, Partner Doctors, or applicable medical providers for the purpose of providing Telehealth Services or fulfilling a prescription, and that failure to provide this information may result in an inability to use the website or related services.

Designated Representatives

You designate Contro and the Partner Pharmacy as your designated representatives to package, pick up and deliver your prescription to your designated address.

Acknowledging and Accepting The Risks Associated With Your Medication

You understand that through the website, you can request treatment for various medication types including but not limited to contraceptive pills, contraceptive patches, contraceptive rings, erectile dysfunction, hair loss, STI, thrush and UTI treatments, and that these different types of medications have different risks of adverse events and side effects.

Adverse Events

You understand that providing incorrect or incomplete information about yourself increases your risk of being harmed or suffering an adverse event from the prescribed medication. All the information you supply when requesting to use Contro’s services, including but not limited to your age, weight, height, blood pressure, medical history, and consumption habits, is important in the Partner Doctor’s decision as to whether you are a fit applicant for a particular brand or type of medication and for the services offered by Contro generally.

Emergency Situations

You understand and accept that the website should never be used in an emergency situation. If you have an emergency, you should dial 112 if you are using a cell phone or 10177 for an ambulance. Alternatively, please attend an emergency department at a government or private hospital.

Importance of reading the information we supply

By using the Website, you acknowledge and accept that you will not receive personalized medical or other advice on the most appropriate treatment. It is your responsibility to review, consider, and understand the information supplied on the Website and through links to third-party websites regarding your treatment choices.

You acknowledge and accept that the virtual and online nature of the Website requires you to review, consider, and understand the information supplied about treatment options. Information regarding the risks of certain treatments can be found in the Frequently Asked Questions (“FAQs”) or on the Contro Helpdesk (https://help.contro.co.za/) and the information provided to you when you are prescribed a specific medication or select a specific product.

Risk to Electronic Health Information

The virtual and online nature of the Website means that there is a greater risk to the privacy of your health information in comparison to solely attending a physical doctor’s practice. Although Contro implements various administrative, physical, and technical safeguards to protect your health information, we cannot guarantee the privacy and confidentiality of your health information.

If you have any questions or queries, please send us a message through the Website’s messaging service or alternatively email us at support@contro.co.za.

Third-Party Hyperlinks and Sites

The Website may contain hyperlinks or acknowledgements to other websites (“Hyperlinked Sites”) operated by third parties. The Hyperlinked Sites may not be under Contro’s control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Hyperlinked Site, including, without limitation, any link contained in a Hyperlinked Site, or any changes or updates to a Hyperlinked Site.

We are providing these Hyperlinked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Hyperlinked Site or any association with its operators. Your use of these Hyperlinked Sites is at your own risk, and Contro is not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with the use of or reliance on information contained in or provided to Hyperlinked Sites.

You may have arrived on the Website through a Hyperlinked Site, including a Hyperlinked Site controlled by a parent, subsidiary, or affiliate of Contro. You understand and agree that Contro is not responsible for the information, products or services described on those Hyperlinked Sites and only these Terms will apply to your use of or access to the Website.

Telehealth Consent

Telehealth or telemedicine involves the delivery of healthcare services where patients and providers are separated by distance. Telehealth uses ICT for the exchange of information for the diagnosis and treatment of diseases and injuries, research, and evaluation, and for the continuing education of health professionals. Telehealth can contribute to achieving universal health coverage by improving access for patients to quality, cost-effective health services wherever they may be. It is particularly valuable for those in remote areas, vulnerable groups, and ageing populations, and may include, but is not limited to:

Electronic transmission of medical records, photo images, personal health information, or other data between a User and a Partner Doctor;

Interactions between a User and Partner Doctor via audio, video, and/or asynchronous data communications; and

Use of output data from medical devices, sound, and video files.

By registering as a User on the Website and accessing the Telehealth Services, you acknowledge and agree to this Telehealth Services Consent, and a record of such acknowledgement will be retained in the medical record of the Partner Doctor, medical provider, and the professional entity providing such Telehealth Services.

Copyright and Trademarks

Unless otherwise stated, all rights in any information which appears on this site (including the screen displays, the content, the text, graphics and the look and feel of the site) belong to Contro or Contro’s licensors.

Unless specifically prohibited by a notice published on any page, you may download and/or print a copy of such parts of the pages of the site as you may reasonably require for your own personal non-commercial use only, provided that any copy has attached to it the relevant proprietary notices and terms and conditions.

All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights.

Contro may suspend or cancel your registration immediately if you do not comply with these terms and conditions.

Residence

This site is controlled and operated by Contro from South Africa and the United Kingdom. Contro makes no representation that any material contained on this site is appropriate for any other jurisdiction. Should you choose to access this site from any location other than South Africa, you are responsible for compliance with all applicable local laws.

Liability

You, the user, acknowledge and accept that by entering this Website, the use of this Website is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall Contro be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Website or any material on any Website linked to this site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if Contro has been advised of the possibility of such damage. In addition, no liability can be accepted by Contro in respect of any changes made to the content of this site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law. Contro does not warrant that this site does not infringe any intellectual property rights of third parties.

Indemnity

You indemnify, Contro and the Partner Doctor and their affiliate entities from and against any and all direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses, including any legal fees, arising out of or related to any breach of the Terms, your relationship with Contro and the Partner Doctor for any negligent or wrongful action or omission by you related to your use of Services, or any negligent or wrongful use of the Services, including negligent or wrongful conduct by you or any other person acting on your behalf.

No Agency Relationship

Using the Website or Services does not create any partnership, joint venture, employment, or agency relationship between you and Contro, Medical Groups, Partner Doctors, or Partner Pharmacy. You may not enter into any contract on our behalf or bind us in any way.

Restrictions on use of the Website

You may only use the Website and Services for yourself, and not for others. You agree not to use or encourage others to use the Website in a way that violates any third-party rights, local laws, or these Terms. You also agree not to use the Website to create or develop competing products, or to harm Contro’s business or reputation. Finally, you agree not to damage, disrupt, interfere with, or attempt to gain unauthorized access to the Website or its content.

Termination

Contro may terminate your use of the Service or any feature or service for any reason without notice, including conduct that violates this Agreement, our agreements with Partner Doctors or Partner Pharmacy, or if we discontinue the Service. Provisions concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any termination. If your use of the Service is terminated, you may not attempt to use the Service under any name, real or assumed. If you violate this restriction after termination, you will indemnify and hold all Contro Parties harmless from any liability they may incur. Except as required by applicable law, Contro has no obligation to return or provide any information that relates to you or third parties on your behalf.

Other Sites/Banners

Contro is not responsible for any other websites linked to or from this site, and we exclude all warranties and liability for any loss or damage resulting from their use. We are not responsible for the content of any advertising or sponsorship on our site or their compliance with any laws or regulations.

Site availability

You, the user, acknowledge and accept that Contro cannot guarantee that the site will be available at all times. If you experience any issues, please report them to support@contro.co.za, and we will do our best to fix them as soon as possible.

Accuracy

You, the user, acknowledge and accept that while Contro makes every effort to ensure that the information on the site is correct, current, and complete, accuracy cannot be guaranteed. Contro does not make any warranties or representations, express or implied, about the accuracy, currency, or completeness of the information. Contro reserves the right to change the information on the site at any time without notice, and you should take appropriate steps to verify all information before acting upon it.

Amendments to the Terms

Contro may update these Terms from time to time, and we will notify you of any changes using the email address you provided or by posting an announcement on the site. The changes will apply to your use of the site and any ongoing subscriptions after such notice. By using the site after the changes come into effect, you will be deemed to have accepted the new terms.

Severability

If any part of these terms and conditions is found to be invalid or unenforceable by a court or other forum of competent jurisdiction, the remainder of the terms and conditions will remain valid and enforceable. We will modify or sever the invalid or unenforceable part as necessary to make the terms and conditions valid, legal, and enforceable while preserving their intent. If modification or severance is not possible, we will substitute another provision that is valid, legal, and enforceable and gives equivalent effect to the parties’ intent. The invalid or unenforceable part will be severed from the terms and conditions, and its invalidity or unenforceability in any other jurisdiction will not affect the validity of the remaining parts.

Assignment

You may not assign, sublicense, or transfer any of your rights under these terms and conditions.

Governing Law

These terms and conditions are governed by the laws of South Africa and will be construed accordingly. Any non-contractual obligations arising from or relating to these terms and conditions will also be governed by the laws of South Africa. You agree to submit to the exclusive jurisdiction of the courts of South Africa regarding any claim, dispute, or matter arising from or relating to these terms and conditions or any documents entered into pursuant to these terms and conditions, including their formation.

Contact Contro

If you have questions, queries or concerns please contact our Customer Care Team at support@contro.co.za.

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