Legal
Terms of Service
These terms govern the use of VirtualDoc, an online practice platform for medical and dental practices in South Africa, operated by VirtualDoc ("we", "us"). By creating a practice account, or by using the platform on behalf of a practice, you accept these terms for that practice. Read them together with the POPIA operator agreement, the acceptable use policy, the privacy notice, the refund policy and the cancellation policy, which form part of them.
1The service.
VirtualDoc gives a practice its own online practice: a public page, online bookings, virtual consultations, clinical records, prescriptions, certificates, referrals and invoices. We provide software only. We do not provide medical advice, diagnosis or treatment, and we are not a party to the relationship between a practice and its patients.
2Who may use it.
A practice whose practitioners are registered with the Health Professions Council of South Africa (Medical and Dental Board) and who practise within its telehealth guidelines. Each practitioner's registration is verified before the practice goes live, and again every year. We may refuse or close an account that does not meet these conditions.
3Your account.
The practice owner is responsible for the account, for everyone the owner invites to it, and for keeping sign-in details and authenticator codes secret. Tell us at once at support@virtualdoc.co.za if you suspect that an account has been misused.
4Clinical responsibility.
Practitioners remain solely responsible for their clinical decisions, for the content of every note, script and document they sign, for obtaining their patients' consent, and for complying with the HPCSA's ethical rules and every law that applies to their practice.
5Sandbox and go-live.
A new practice starts in a sandbox, where it can set everything up but cannot take real bookings, payments or patients. It goes live once every go-live check has passed and we have approved it.
6Subscription fees.
The platform is offered on a monthly subscription per practice, at the package price shown on our website and in the practice's billing page when it is chosen. The fee depends only on the package, never on the number of consultations, messages, video sessions or payments. A free period applies from go-live (currently one month, unless agreed otherwise in writing). After it, fees are charged monthly in advance on the first day of each calendar month to the card the practice has saved; the first charge covers the rest of that month pro rata. An invoice is issued for every charge. Prices include VAT only if we are registered for VAT, and the invoice says so.
7Card payments.
Card payments are processed by PayFast, a registered payment service provider. We never see or store full card numbers; PayFast holds the card and gives us a token to charge it. When a card is saved, a payment of R5.00 is taken to check it and is refunded automatically.
8Late payment.
If a charge fails we tell the practice owner at once and try again on the next day and on the last day of the grace period (three days). If the fee is still unpaid after that, new bookings are paused until it is paid. Consultations already booked go ahead, and the practice keeps access to its records throughout. Paying the outstanding amount restores the account at once.
9Price and package changes.
We give at least 30 days' written notice of any price increase. A practice may move to a higher package at any time, with effect at once and charged pro rata, or to a lower package from the start of the next month.
10Refunds and cancellation.
Refunds are dealt with in the refund policy and cancellation in the cancellation policy, both published at virtualdoc.co.za/legal.
11Payments from patients.
These terms cover only the VirtualDoc subscription. Fees that a patient pays a practice for a consultation or treatment are set by the practice and governed by the practice's own terms, including its own refund and cancellation terms.
12Patient information and privacy.
The practice is the responsible party for its patients' information under the Protection of Personal Information Act. We process patient information only as the practice's operator, on its instructions, as set out in the operator agreement. Our platform staff never sign in as a practice user, and access to patient information by our staff happens only through the audited break-glass process in that agreement.
13Acceptable use.
The practice may not use the platform unlawfully, to send unsolicited marketing, to interfere with its security or availability, or in breach of the acceptable use policy.
14Availability and support.
We aim to keep the platform available at all times, but it may be interrupted for maintenance, which we schedule outside surgery hours where we can, or for reasons outside our control. Current status is shown at virtualdoc.co.za/status. Support is available through the help centre and at support@virtualdoc.co.za.
15Intellectual property.
We own the platform, its software and its content. The practice owns its own content and records, and gives us the right to host and process them only to provide the service.
16Your records.
A practice may export its records at any time. If an account is suspended or ends, the practice keeps read access to export its records, and we then delete them as set out in the operator agreement, subject to the periods for which the law requires health records to be kept.
17Suspension and termination.
We may suspend or close an account, after notice where the circumstances allow it, if the practice does not pay, breaches these terms, loses a practitioner's HPCSA registration, or uses the platform in a way that puts patients, other practices or the platform at risk. A practice may leave at any time as set out in the cancellation policy.
18Limitation of liability.
To the extent the law allows, we are not liable for indirect or consequential loss, loss of profit or loss of data that could have been prevented by an export, and our total liability to a practice in any twelve months is limited to the subscription fees the practice paid in those twelve months. Nothing in these terms limits liability that cannot be limited by law, including under the Consumer Protection Act where it applies.
19Indemnity.
The practice indemnifies us against claims by its patients or third parties that arise from its clinical services, its content or its breach of these terms.
20Changes to these terms.
We may update these terms. We give practice owners at least 30 days' notice by e-mail of any material change, and the version in force is always published at virtualdoc.co.za/legal/terms.
21Electronic communications.
Notices are given by e-mail to the practice owner's address and by notice in the platform. The information required by section 43 of the Electronic Communications and Transactions Act is available from support@virtualdoc.co.za and on every invoice.
22Law and disputes.
These terms are governed by the law of the Republic of South Africa. We will first try to settle any dispute in good faith; if that fails, the South African courts have jurisdiction.
23Contact.
support@virtualdoc.co.za.
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