Terms and Conditions

Date of last revision 16/06/2020

INTRODUCTION

Apexman is a healthcare company. We are a direct-to-consumer telehealth company that handles everything from diagnosis to the convenient delivery of medication.

These services may be reviewed, updated, added to and/or removed by Apexman from time to time, meaning that services are not exhaustive and that this definition will be varied from time to time to bring it in line with the current services offered by Apexman.

Each application which makes use of Apexman’s services are required to answer all questions honestly and to the best of their knowledge without withholding any information relating to the said question.  

HOW DO I SUBSCRIBE FOR THE APEXMAN SERVICES

Access by Users to the Apexman Services will differ based on the results of each application. Each completed application follows the process below:

  • The application is received and submitted to a registered healthcare professional

  • The applicant’s identity is verified through the Department of Home Affairs

  • Where deemed necessary by the medical doctor reviewing the application, applicants may need to:

    • Provide blood test results

    • Attend a physical, face-to-face consultation and examination by a registered healthcare professional

 

The User will not be entitled to access of a Apexman Service for which the User is not subscribed to and/or has not paid for.

 

The User will be required to accept these terms and conditions, which includes the Terms and Conditions of Use, before subscribing for the services.

All subscriptions are subject to the approval of Apexman in its discretion. Apexman will have the unfettered right to accept or reject an offer for any of its services, made by a User. Apexman will be entitled to take steps to restrict or suspend the services to a User who misuses the Apexman services.

SELECTED APEXMAN SERVICES

The availability of a selected Apexman Service and the applicable subscription fee payable will be determined by:

  • the Subscription Channel through which the selected service is subscribed for; and/or

  • the selected service subscribed for.

 

To the extent Apexman makes special promotions or vouchers available, from time to time, the services sold under such special promotions or vouchers will be subject to certain additional conditions, including availability and limited-offer stipulations.

The User represents and warrants to and in favour of Apexman that he or she:

  • has carefully read the terms and conditions and each of the additional terms and conditions that may apply to the applicable selected Apexman Service; and

  • is over the age of 18 (eighteen);

  • understands the financial commitments in subscribing for the service; and

  • is and will at all material times be in a financial position to meet his or her obligations under this Agreement; and

  • is authorised to use such mobile or other electronic device or payment card to make payment, as the case may be, and that there are sufficient funds available to pay for the
    order.

 

The User hereby specifically represents and warrants to and in favour of Apexman that all information offered, proffered, provided, discussed with and/or communicated to any health practitioner 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 as represented and warranted.

 

Subject to any and/or all applicable laws, Apexman makes no warranty or representation, whether expressly or implicitly:

  • about any component of a selected Apexman Service, or that the User will be able to have access to or continue to have access to the service or that such access will be continuous and/or uninterrupted; and/or

  • as to the quality of reception by the User of the service, or any aspect thereof, as Apexman cannot be responsible or liable for electronic media or conveyance through, on and/or via such electronic means as these factors are and will be beyond its control; and/or

  • that the software used to provide the selected service including any software applications, is virus or error-free, flawless or without fault; and/or

  • that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to its delivery timeline requirements; and

  • Apexman will use its reasonable endeavors to make its services and products available to the User and to maintain the availability thereof on the understanding that such services are provided on an “as is” and “as available” basis.

 

Apexman, in the absence of its gross negligence or willful misconduct will not be liable to any person for the content of and/or the use of materials constituting the selected service whether provided by Apexman or a third party.

PAYMENT & PAYMENT METHODS

  • All payments must be made on a pre-paid basis, meaning that subscription fees must be paid in advance and prior to making use of the selected Apexman Service.

  • The User, by selecting the method through which he or she wishes to pay (including but not limited to the debit order bureau used by Apexman from time to time), appoints, authorises and/or instructs, as the case may be, such person as his or her agent to give effect to such payment, and, as such, remains responsible and liable for such payment to Apexman – hereby assuming the risk that payment will be duly and fully made to Apexman.

PERSONAL INFORMATION

  • The User expressly gives and, to the extent applicable, is and will be deemed to have provided express permission for the collection, collation, processing, receipt, storage, recording, updating, modifying, retrieval, dissemination and distribution of his or her personal information for the purposes set out herein, which Apexman is entitled, but not obliged to do.

  • Subject to all and/or any laws to the contrary, the User must and will:

  • Provide Apexman with the personal and contact details and information as required by it in order to administer and/or deliver the selected service, as the case may be; and/or inform Apexman and/or the Third Party Benefit Programme (if applicable), in writing, within 7 (seven) days of any change to any of the information provided by the User in relation to the selected Apexman Service.

APEXMAN’S FAILURE TO PERFORM

  • Apexman will not be liable for failure to perform if the failure is attributable (wholly, partially or late), to some unforeseen event or circumstance beyond its reasonable control which prevents it from performing, timeously or otherwise. This will not be limited to technical problems or downtime related to a fixed line or mobile tele-communications provider which, in each case, is beyond Apexman’s reasonable control, having exercised reasonable care and diligence to prevent and/or mitigate against the occurrence and/or consequences of that event or circumstance.

LIMITATION OF LIABILITY

  • All references to Apexman or its affiliates herein will include a reference to their shareholders, promoters, employees, representatives, directors, agents, consultants, advisers, subcontractors and any other Persons acting for or on their behalf in the provision of any service and/or product contemplated or provided for herein.

  • Neither Apexman nor any of its affiliates is or will be liable for any loss or damages of any nature whatsoever suffered by the User or any other Person arising out of or in connection with:

  • any act or omission of Apexman or its affiliates, save for any act or omission which is willfully intended to cause loss or is grossly negligent; and/or

  • a breach of this Agreement by the User;

  • any interruption, delay, suspension, defect or failure in the distribution or reception of the selected service beyond Apex Man’s reasonable control.

  • Notwithstanding any express exclusion of liability recorded herein, neither Apexman nor any of its affiliates will be liable for any loss or damage of any nature, including direct, indirect, special or consequential damages, including loss of profits, suffered by the User or any third party or person arising from any cause, except where such loss or damage is caused by the intentional or grossly negligent acts or omissions of Apexman or any of its affiliates.

  • The User hereby indemnifies and holds Apexman and any and all of its affiliates harmless against any claim brought by any third party or person against Apexman and any of its affiliates:

  • arising out of a breach by the User of the provisions of this Agreement; and/or

  • as a result of access to or use by a third party or person of the selected service; and/or

  • associated with the provision of the selected service to the User.

VARIATIONS, WAIVERS & INDULGENCES

  • No variation of, addition to, consensual cancellation of or waiver of any right arising in terms of this Agreement (including this Clause) will be of any force or effect unless it is reduced to writing and signed by the party or on behalf of or by the Parties’ respective duly authorised representatives, save that Apexman will have the right to unilaterally amend from time to time its prices in and for the Apexman Services and the amendments brought about thereby will be deemed to be incorporated herein and this Agreement so amended, unless otherwise provided for and/or agreed to in writing by Apexman.

  • Any express waiver of any breach of this Agreement will not be deemed to be a waiver of any subsequent breach. Likewise, one or more waivers of any right, obligation or default will not be construed as a waiver of any subsequent right, obligation or default.

  • Any liability to any Party under this Agreement may, in whole or in part, be released, compounded or compromised or time or indulgence given by that Party in its Discretion as regards any Party under such liability without in any way prejudicing or affecting its rights against the other Party under the same or a like liability, whether joint and several or otherwise.

SEVERABILITY & ILLEGALITY

  • If any provision of this Agreement is held to be invalid, illegal, contrary to public policy or
    unenforceable by a Court of competent jurisdiction or arbitrator, the validity, legality and
    enforceability of the remaining provisions will in no way be affected or impaired thereby, and this Agreement will remain and be of full force and effect.

 

Services.

  • Apex Man is a subscription-based electronic platform and medium for consumers to
    telephonically, electronically or digitally converse with a registered healthcare practitioner. If and to the extent a healthcare practitioner from a jurisdiction other than South Africa uses the Apex Man Platform, such medical practitioner will likewise be registered and accredited within the jurisdiction in which he or she operates.

 

Legal Basis

  • The medico-legal relationship, if any, created by the doctor phoning you upon your request, or texting you in response to your text based message, is by and between you and the attending doctor.

 

Age

  • You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into an agreement with the attending doctor and/or Apex Man. If you are under the age of 18, you must have your parents’ consent. To the extent the legal requirement for age of majority is greater than the age of 18, you represent and warrant that you are at least that
    age.

 

Within South Africa

  • To the extent Apex Man does not have a presence and/or offering in your country, and you are not within South Africa, you are deemed to be within the South African borders and under the jurisdiction of the South African courts for any matter that may arise relating to Apex Man.

 

Disclosure of All Relevant Information

  • These services are provided in good faith based upon the information given by you, during the phone call or text message. As such, you are required to disclose all relevant information, no matter how trivial, pertaining to your current health and past medical  history that may have a bearing on the services to be so provided.

 

Rights – YOUR CHOICE

  • It is your right to ask the doctor any questions you have about your health to help you to make an informed decision about what to do about it. 

 

No change in health condition

  • You are solely responsible for all information and/or communication given during the telephone conversation, text message or other communication. You undertake to contact your doctor immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. Any and all services that you acquire through Apexman and the attending doctor shall be solely for your personal use.

 

Risks

  • You understand and accept that there is an inherent risk in not having a physical examination. Your use of the services is at your sole risk and you assume full responsibility for all risks associated therewith. All information or services provided through the Apexman Services are provided without any warranty of any kind, express or implied. To the fullest extent permissible under South African law or any other law, Apexman and the attending doctor, their shareholders, affiliates, directors, officers, managers, employees, advisers and/or other representatives hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of fitness for a particular purpose. Without limiting the aforegoing, there is and shall be no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the services and/or the products so provided.

 

Limitation of Liability

  • Apexman and the attending doctor shall not be liable for any direct damages in excess of the subscription price of any service subscribed or paid for. In addition, to the maximum extent permitted by law, Apexman and the attending doctor shall not be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death or loss of use, whether in any action in warranty, contract, delict (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, these services or any material or information contained in, accessed
    through these services.

 

Indemnity

  • You indemnify, defend and hold harmless Apexman and the attending doctor and their affiliates from and against all losses, liability, expenses, damages and costs, including all attorney’s fees, arising out of or related to any breach of the terms of use, your relationship with Apexman and the attending doctor any negligent or wrongful action or omission by you related to your use of services through Apex Man, or any negligent or wrongful use of the services, including negligent or wrongful conduct by you or any other person acting on your behalf.

 

Waiver

  • Apexman shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with, use of or reliance on, any information, services available on or through Apexman and/or all those associated and/or affiliated with it, including the attending doctors. Accordingly, in consideration for the services so provided, you, the User requesting the prescription, hereby waive your or your family member’s (including but not limited to that of your and your minor child’s estate and/or any beneficiary thereunder) right to and actually bring any normal, reasonable and/or legally enforceable claim, action, proceeding, application and/or demand against Apexman and/or all those associated and/or affiliated with it, including the attending doctors, for any and/or all claims, costs, damages and/or expenses or  otherwise arising out of and/or suffered by you and/or your family member as a result or consequence of making use of these services or otherwise.

CONSENT TO TELEHEALTH

  • You understand that by checking the “agree” box for these terms of use and/or any other such form of the same presented to you from time to time on the site you are agreeing to these terms of use and that such on-going actions in using the site constitute a legal signature and on-going agreement to these terms of use (in whatever form).

  • All capitalised terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms of Use. For avoidance of any doubt, the terms “Apexman”, “we”, “us”, or “our” refer to Apexman and the terms “you” and “yours” refer to the person using the Service.

  • Telemedicine involves the delivery of healthcare services using electronic communications, information technology or other means between a registered healthcare practitioner and a member who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or member education, and may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information or other data between a member and a registered healthcare practitioner;

  • Interactions between a member and registered healthcare practitioner via audio, video and/or data communications; and

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

  • The electronic systems used in the Apexman Service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

 

Possible Benefits of Telemedicine

  • Can be easier and more efficient for you to access medical care and treatment.

  • You can obtain medical care and treatment at times that are convenient for you.

  • You can interact with providers without the necessity of an in-office appointment.

 

Possible Risks of Telemedicine

  • Information transmitted to your provider(s) may not be sufficient to allow for appropriate medical decision making by the provider(s).

  • The inability of your provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you.

  • Your provider may not able to provide medical treatment for your particular condition via telemedicine and you may be required to seek alternative care.

  • Delays in medical evaluation/treatment could occur due to failures of the technology.

  • Security protocols or safeguards could fail causing a breach of privacy.

  • Given regulatory requirements in certain jurisdictions, your provider(s) treatment options, especially pertaining to certain prescriptions may be limited.

 

By accepting this Consent to Telehealth, you acknowledge your understanding and agreement to the following:

  • I have read this special Consent to Telehealth carefully and understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to me through Apexman’s platform by “Providers”.

  • I give my informed consent to the use of telemedicine by providers affiliated with Apexman.

  • I understand that the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in my medical care and treatment may include uses of technology not specifically described in this consent.

  • I understand that while the use of telemedicine may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.

  • I understand that “Providers” may determine in his or her sole discretion that my condition is not suitable for treatment using telemedicine, and that I may need to seek medical care and treatment in-person.

  • I understand that the same confidentiality and privacy protections that apply to my other health care services also apply to these telemedicine services.

  • I understand that I have access to all of my health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations.

  • I understand that I can withhold or withdraw this consent at any time by emailing Apexman with such instruction at admin@getapexman.com. Otherwise, this consent will be considered renewed upon each new telemedicine consultation with “Providers”.

  • I agree and authorise my health care provider to share information regarding the telemedicine exam with other individuals for treatment, payment and health care operations purposes.

  • I agree and authorise my health care provider to release information regarding the telemedicine exam to Apexman and its affiliates.

 

Acceptance of Apexman’s Terms & Conditions

By subscribing for the Apexman Services you will be deemed to have read, understood and agreed to both these Terms and Conditions of Use and the Standard Subscription Terms and Conditions.

Acceptance of NetcarePlus's Terms & Conditions

By subscribing for the Apexman Services you will be deemed to have read, understood and agreed to the NetcarePlus Terms & Conditions, of which a detailed description can be found here.