INTERPRETATIONS AND DEFINITIONS

In this Agreement unless the context clearly indicates a contrary intention:

1. Words that are defined in the Act but not defined in this Agreement will bear the same meaning as in the Acts, unless the context requires otherwise, and if any such terms are in conflict with each other, each such conflicting term must simultaneously be applied to the extent that it is legally possible and practical to do so without infringing on the other, and if not possible to apply simultaneously without infringing on the other, then the provision in POPI shall prevail.
2. the head notes are for reference purposes only and shall not affect the interpretation of any part hereof.
3. the singular includes the plural and vice versa.
4. a reference to one gender includes the other genders.
5. a reference to a firm or body corporate includes a natural person and vice versa.
6. Reference to a day shall mean Business Day, and "Business Day" means any day other than a Saturday, Sunday or an official public holiday in South Africa.
7. the schedules shall be initialled by the Parties for the purposes of identification and form part of this Agreement as if specifically included herein.
8. any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time.
9. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
10. Important clauses, which may limit our responsibility or hold certain risk to the Data Subject, will be highlighted in bold. The Data Subject are to pay special attention to these clauses.
11. These Terms, and any additional document and/or terms LogBox incorporates by reference, shall apply to the Data Subject when the Data Subject uses the Site.
12. Defined terms set out herein below will have the following meanings provided and will be written in initial capitals, cognate expressions bear a like meaning:
1. "the Act" means:
   1. The Constitution;
   2. POPI;
   3. PAIA;
   4. ECTA;
   5. NHA; and
   6. HPCSA Guidelines, and;
   7. Any other applicable data protection laws, if any.
2. "Access Codes" means any of the Data Subject secret pin numbers used to access the Site, including the Data Subject personal identification number (PIN) or one-time pin (OTP), card numbers, passwords and/or user names;
3. "Additional Terms" means the Additional Terms and Conditions which apply to a Practice User as is set out in clause 21;
4. "Advertisers" means the Advertisers authorised by LogBox to advertise certain media on the Site;
5. "LogBox Apps" means any online application software that is provided by or is connected with LogBox;
6. "the/this Agreement" means this User Agreement entered into between LogBox and the Data Subject for the use of the Site, subject to these Terms and subject to the Privacy Policy incorporated herein by reference as if fully set out herein;
7. "App Store" means an online application store provided by Apple, Blackberry, Android or any similar service provider for the Data Subject's Device;
8. "Consent" shall mean consent for the lawful Processing of Personal Information as provided for in terms of POPI, and shall include the Consent given by and on behalf of a Data Subject by such a Data Subject's legal guardian and/or duly authorised representative;
9. "the Constitution" means the Constitution of the Republic of South Africa of 1996;
10. "Data Subject" shall have the meaning ascribed to it in terms of the Act and in terms of this Agreement shall mean any person who uses the Site;
11. "Device" means the device the Data Subject uses to access the Site, such as a computer, laptop, smartphone and/or tablet or similar technology;
12. "Dependants" means a Dependant as defined in terms of the Medical Schemes Act No. 131 of 1998;
13. "ECTA" means the Electronic Communications and Transactions Act No. 25 of 2002;
14. "HPCSA" means Health Professional Council of South Africa;
15. "HPCSA Guidelines" means HPCSA Guidelines for Good Practice in the Health Care Professions, published by the HPCSA and updated and/or amended from time to time;
16. "Intellectual Property" means without limitation, all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with the foregoing; copyright and copyrightable works, including but not limited to, all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object form, and including any programmers' or developers' notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same;
17. "ISP" means the internet service provider, which is an organisation that provides access to the internet;
18. "Juristic Person" includes inter alia any of the following: a partnership, an association or other body of persons, incorporated or unincorporated, a trust, a company, an organisation, an entity, a body corporate or a group of companies;
19. "LogBox" means LogBox (Pty) Ltd with Registration Number: 2007/030227/07, a private company duly incorporated in terms of the Company Laws of the Republic of South Africa with its registered address situated at 46 Ingersol Road, Lynnwood Glen, Pretoria, herein also referred to as "us", "our" and/or the "Responsible Party". Furthermore, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers;
20. "Natural Person" means any living human being;
21. "NHA" means the National Health Act No. 61 of 2003;
22. "PAIA" means the Promotion of Access to Information Act No. 2 of 2000;
23. "Patient User" means a Natural Person who uses the Site. Any reference to the Patient User shall include such Patient User's Dependants;
24. "Personal Information" shall have the meaning ascribed to it in terms of POPI and or such information LogBox may require a Data Subject to capture on the Site from time to time, and which may include certain Special Personal Information (as defined in POPI) in relation to a Data's Subject's:
    1. Dependants; and/or
    2. Health; and/or
    3. A Data Subject's Dependants' health;
25. "person" shall include both a Natural and/or a Juristic Person;
26. "POPI" means the Protection of Personal Information Act No. 4 of 2013;
27. "Practice User" means a healthcare professional who is registered with the HPCSA, and/or any Trainee Specialist who makes use of the Site. In the event of a Juristic Person, includes, inter alia, any medical practice, private and/or public hospital and/or medical group or group of hospitals, any other form of Juristic Person forming a medical group, and/or the College of Medicine, any/or school or college in the medical industry, their successors in title and/or assigns, members, agents and/or employees and/or representatives;
28. "Privacy Policy" means LogBox's Privacy Policy as shown on the Site, and is incorporated into these Terms as if specifically set out herein;
29. "Processing" shall have the meaning ascribed to it in terms of POPI, and "Process" / "Processed" / "Processes" shall have a similar meaning;
30. "Profile" means the digital identity the Data Subject creates when the Data Subject registers on the Site;
31. "Responsible Party" shall have the meaning ascribed to it in terms of POPI;
32. "Services" means the Services provided by LogBox via the Site, as listed in "Schedule 1" hereto, and as may be applicable to a specific Data Subject, and updated and or amended by LogBox from time to time;
33. "Site" means collectively our Website/s and the LogBox Apps;
34. "Trainee Specialists" shall mean any medical practitioner in a formalised specialist training program. This may include community service doctors, medical officers, registrars and/or consultants (undergoing super-specialty training).
35. "these Terms" means the terms and conditions set out in this Agreement.
36. "Website"means the internet websites with the address www.LogBox.co.za or any website with a URL that is validly registered to LogBox.

RECORDAL

1. LogBox is the rightful owner of the Site.
2. These Terms regulate the Data Subject's relationship with LogBox for the non-exclusive use of the Site.
3. The Data Subject's access to and use of the Site is subject to the requirement that the Data Subject agrees, according to the provisions of clause 4, that the Data Subject will only use the Site in line with these Terms, and subject to the Privacy Policy and any other applicable laws, legislation, rules and regulations which might apply from time to time.

CONDITIONS OF ACCESS AND HOSTING

1. The Data Subject's access to, and use of, the Site is subject always to these Terms;
2. To avoid any confusion, the Data Subject agrees that these Terms apply to the Data Subject's use of:
   1. the website; and/or
   2. any LogBox Apps;
3. Regardless of the platform, gateway, portal or mode of access the Data Subject uses to install, download or access the Site, the Data Subject's service provider may, depending on the type of contract the Data Subject has, charge the Data Subject for accessing the Site or for any usage of the Site (such as data charges, sms charges). LogBox cannot be held responsible for these charges.
   1. Any and all information of the Data Subject uploaded to the LogBox Apps and/or via the Website is hosted in the "cloud" in a South African data base;

THE DATA SUBJECT ACCEPTANCE AND CONSENT

1. The Data Subject agrees that:
   1. By using the Site the Data Subject expressly agrees to these Terms;
   2. When installing or downloading any LogBox Apps, the Data Subject will be required to agree to these Terms by clicking/checking "I Agree";
   3. By clicking/checking "I Agree" and/or making use of the Site, signifies:
      1. the Data Subject's unconditional acceptance and Consent of these Terms;
      2. the Data Subject's unconditional acceptance and Consent for LogBox to Process the Data Subject's Personal Information;
      3. the Data Subject's acceptance and agreement to comply with these Terms; and
      4. Acceptance and acknowledgement by the Data Subject that the Data Subject fully understands these Terms and also the consequences should the Data Subject not comply with these Terms;
   4. A Practice User, in addition to these Terms, is also required to agree to and comply with the Additional Terms for a Practice User as is set out in clause 21 below. If the Data Subject is a Practice User, clicking/checking "I agree" and/or making use of the Site, will also signify the Data Subject's unconditional agreement to accept and comply with the Additional Terms;
   5. LogBox may, at any time, amend these Terms (and/or the Additional Terms) or introduce other additional terms relating to the Site or its Services or any other service, content, products, facilities or functionality which will be made available via the Site or otherwise. The Data Subject will be notified of (and required to agree to) such amendments and/or additional terms in the manner provided for in paragraph 18.1 of these Terms; and
   6. LogBox may, in its sole discretion, at any time and for any reason and without prior notice, suspend or terminate the Site, the Services, the operation of the Site or any of the Site Content or the right to use the Services, the Site or any of the Site Content, subject to the protection of a Data Subject Personal Information as is provided for in the Act and this Agreement
2. If the Data Subject does not agree to these Terms the Data Subject must:
   1. not make use of the Site; and
   2. immediately delete all copies of the Site Content on its Device and in its possession or under its control;
3. The Data Subject may print a copy of these Terms. If the Data Subject has any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of thereof, the Data Subject should contact the LogBox support team via email at info@logbox.co.za.
4. The Data Subject agrees that the Data Subject is solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by the Data Subject to use the Site. In this regard, the Data Subject must, at all times, provide the Data Subject's own hardware, software as well as a modem and internet connectivity and telecommunications infrastructure.
5. The Data Subject acknowledges and agrees that this is a non – exclusive license for the use of the Site and that LogBox may grant the same, similar, additional or different rights to other Data Subjects, persons and/or entities.

THE DATA SUBJECT BEHAVIOUR WHEN USING THE SITE AND THE SERVICES

1. The Data Subject shall not use the Site to obtain or distribute:
   1. copyrighted material or material protected by law without the prior written consent of LogBox; or
   2. material knowingly containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
2. The Data Subject must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Site.
3. The Data Subject is strictly prohibited from using the Site for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
4. The Data Subject shall not intercept any information transmitted to or from LogBox or the Site which is not intended by LogBox to be received by the Data Subject.
5. Subject to the further provisions of this Agreement, the Site may only be used by the Data Subject for lawful purposes and shall not extend to the use of the source code of the Site.
6. The Data Subject is not allowed to: (i) frame, link to, modify, distribute, commercialise, exploit and/or alter the Site; (ii) incorporate any part of the Site in any other work or publication; and/or (iii) perform any other act which may not be considered fair use. Should the Data Subject wish to do so, prior written approval is required and LogBox is entitled, in its sole discretion, to withhold or grant consent and to impose any conditions on any consent which is granted by LogBox. Requests for approval must be submitted to info@logbox.co.za
7. Any restrictions on the use of the Site shall also apply to any part of the Site which may be cached when using the Site.
8. In addition, the Data Subject shall not and shall not allow a third party to:
   1. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Site ("the Software") or any files contained in or generated by the Software by any means whatever;
   2. remove any product identification, copyright or other notices, from the Software or documentation;
   3. lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software); or
   4. disseminate performance information or analysis of the Software from any source relating to the Software.
9. The Data Subject should only use the latest version of the Site. The App Store will notify the Data Subject of any updates that are available to the Data Subject. If the Data Subject does not install the latest version, the Site may not function correctly and the Data Subject may experience security and/or data flaws, for which LogBox will not be liable under any circumstances whatsoever.
10. The Data Subject should use the Site only on a Device for which it is intended, as allowed by the usage rules set out in the Data Subject App Store's terms of service.
11. The Data Subject will not use the Site if the Data Subject is not legally capable and/or allowed to enter into any legal and/or binding agreement without the consent and/or assistance/guidance of a legal guardian and/or Competent Person.
12. LogBox are committed to providing safe online services. All uses of the Site are protected by encryption at international standards. The Personal Information the Data Subject send through the Site is encrypted. Only our authorised employees or agents have access to information related to the Site.

REGISTRATION FOR THE USE OF THE SITE

1. The Data Subject must register on the Site and grant LogBox permission to access the Data Subject's Personal Information by following the prompts displayed after the Data Subject has accessed and/or downloaded the Site onto the Data Subject's Device.
2. When the Data Subject registers, the Data Subject must create a Profile for the secure use of the Site. The Data Subject must keep confidential it's access details (including, user name and password) and must not allow other people to use it.
3. The Data Subject also accepts full responsibility for all activities that occur under the Data Subject's access details or password and accept responsibility for sharing the Data Subject's user name and password.
4. The Data Subject is only permitted to use one account. If the Data Subject uses more than one account LogBox could delete all access.
5. Once the Data Subject logged onto the Site once, certain information, functionality and other features of the Site will be accessible the next time the Data Subject access the Site without having to re-enter the Data Subject's password. If the Data Subject prefers to enter the Data Subject's password every time the Data Subject accesses the Site, the Data Subject can change the setting in the menu option.
6. LogBox may refuse to provide products and/or Services to the Data Subject if LogBox is unable to verify any information that the Data Subject provides to us.
7. The Site operates as an electronic Personal Information record repository within the healthcare sector to provide a platform for secure Personal Information sharing and Processing between patients and their health care professionals and the Website fully integrates with any of the LogBox Apps;
8. Once registered, and subject thereto that the Data Subject has clicked "I agree" to these Terms, which includes the Privacy Policy, the Data Subject will be able to use the Site.
9. Since we deal with each other in a non-face-to-face environment, for your security you will need to enter the correct access information or take any other steps acceptable to us for us to verify your identity and the electronic communications you have sent us using the Site each time you log on to the Site.
10. All electronic communications that are sent to us after you have met our verification requirements, set out herein above during log on, will be treated as valid and authentic. This means that these electronic communications will have the same legal effect as written and signed paper communications from you. In order to protect you, we can refuse to act on any instructions you send us or can cancel your access (temporarily or permanently) if you do not meet the verification requirements, this includes where you enter the wrong Access Codes.
11. We may require for an additional layer of security (verification) for certain transactions. Such as where a unique number (OTP or one time pin) is sent to your Device before the transaction can be completed.
12. For your convenience, the same log in or Access Codes can be used to access different Devices. This means that if your Access Codes are lost, stolen or disclosed to someone else comprise your details on one Device, you can be defrauded across all the Devices which can expose you to greater losses. You must immediately contact and/or notify us if you know or even suspect that your Account has been compromised to ensure that your loss is minimised.
13. We are entitled to act on and accept all transactions and/or actions done after your Access Codes have been entered or applied as we will assume that all such transactions and/or actions have been authorised by you, even if such transactions and/or actions took place without your knowledge or consent or were not authorised by you.
14. You must therefore never reveal your access details to anyone under any circumstances, including when you use the Supplier applications and/or sites. If you are defrauded, because you used a Supplier's App or site, we will treat this as a voluntary compromise of your Access Codes and confidential information and will not be legally responsible or any other person for any loss or damage you or they will suffer as a result thereof.

COMMENCEMENT, TERMINATION AND OTHER SERVICES

1. The Data Subject's non-exclusive use of the Site commences on the date on which the Data Subject registers on the Site and endures indefinitely until terminated through any of the following events:
   1. Termination of the Site by LogBox;
   2. Termination of the Services by LogBox;
   3. Termination of the Data Subject's use of the Site by LogBox for whatever reason;
   4. De-activation of a Profile by the Data Subject.
   5. Termination of any other agreement you may have with LogBox.
2. Furthermore, when registering, the Data Subject will also automatically be registered for our e-mail authentication service ("the Email Authentication Services"), in terms of which the Data Subject authorise LogBox, as a means of authenticating the Data Subject's identity and to provide the Data Subject with access to the Data Subject's Personal Information on the Site, to notify the Data Subject via email (i) when the Data Subject has logged onto the Site, and (ii) when a new Practice User is added to the Profile of the Data Subject.
3. The Data Subject will also have the option of registering for our mobile text message authentication service in terms of which the Data Subject authorises LogBox, as a means of authenticating the Data Subject's identity and to provide the Data Subject with access to the Data Subject's Personal Information on the Site.

FULL DISCLOSURE OF ALL RELEVANT FACTS AND BENEFIT ENTITLEMENT

1. It is in the best interest of the Data Subject that the Data Subject keeps its Personal Information updated, current and accurate.
2. The Data Subject hereby guarantees that all information provided by at any time to LogBox on or via the Site, will be true, accurate, current and correct and the Data Subject undertakes to update its Personal Information as and when required.
3. The Data Subject guarantees that it has fully disclosed all facts, and agree that this Agreement or any transactions related to this Agreement will be void if the Data Subject does not comply with this requirement.

SHARING OF PERSONAL INFORMATION

1. The Data Subject, via the Site, can regulate how and with whom its Personal Information is shared and the sharing of such Personal Information will be subject to and be regulated by these Terms and the Privacy Policy;
2. The Data Subject must give the necessary Consent before LogBox may share such Personal Information with any person. Such Consent authorises the person with whom such information is shared ("authorised person") to be entitled to Process such a Data Subject's Personal Information on the Site;
3. The Data Subject can give such Consent through the platform provided by LogBox via the Site;
4. The Data Subject warrants that by giving the afore said Consent the Data Subject agrees to share its Personal Information with LogBox and the authorised person, and the Data Subject, whether personally or via his/her duly authorised representative, or in the event of a Child by a Competent Person, agrees to the Processing of the Personal Information of the Data Subject on the Site;
5. To the extent permitted by law, the Data Subject hereby indemnifies LogBox, its affiliates, shareholders, directors, agents, consultants, successors in title and/or assigns and employees ("the Indemnified Parties") against any claims, costs loss and/or damages that may be incurred by the Indemnified Parties of whatsoever nature, including, without limitation any direct, indirect, special, consequential and/or physical damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the Data Subject's Consent for the Processing of its Personal Information on the Site, excluding any such damages caused by the wilful intent and/or negligence of LogBox

PROCESSING OF PERSONAL INFORMATION WITHOUT FURTHER CONSENT

Upon registering on the App, the Data Subject acknowledges that LogBox may Process the Data Subject's Personal Information for purposes of Sections 11(1)(b) to (f), and Sections 32 ‐ 35 of POPI, without the Data Subject's further Consent;

ELECTRONIC COMMUNICATION AND RECORDS

1. By visiting the Site and/or sending e-mails to LogBox and giving its Consent, the Data Subject accepts that LogBox can communicate with the Data Subject electronically. All records that the Data Subject send to us may be stored electronically and with an authorised person, although authorised persons are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless the Data Subject can prove otherwise.
2. Any electronic communication (for example, an e-mail or SMS) sent to the Data Subject will be regarded to have been received by the Data Subject upon being sent by LogBox. This includes, but is not limited to mobile push notifications.
3. If the Data Subject is a registered user of the Site, the Data Subject will receive communications from us via e-mail. If the Data Subject do not want to receive e-mails from LogBox, the Data Subject may change the way the Data Subject receive communication on the Site, or the Data Subject can contact our support team via e-mail: info@logbox.co.za.
4. LogBox takes all reasonable steps to protect the Data Subject's Personal Information and maintain confidentiality, including the use of encryption technology. However, LogBox cannot guarantee the security or integrity of any information the Data Subject transmit to us online and the Data Subject agrees that it does so at its own risk.
5. The Data Subject agrees that all agreements, notices, disclosures and other communications that LogBox provide to the Data Subject electronically meet any legal requirement that the communications be in writing.

RETENTION, DESTRUCTION AND/OR DELETION OF PERSONAL INFORMATION

1. At any time during the term of this Agreement at the Data Subject's written request, or upon the termination or expiration of this Agreement for any reason, LogBox shall promptly return to the Data Subject all copies, whether in written, electronic or other form or media, of Personal Information in its possession, or securely dispose of all such copies, and certify in writing to the Data Subject that such Personal Information has been returned to Data Subject or disposed of securely. LogBox shall comply with all reasonable directions provided by the Data Subject with respect to the return or disposal of its Personal Information.
2. Upon termination, for whatever reason, an automated prompt will display on the Site requiring the Data Subject to elect to either have its Personal Information returned to the Data Subject in accordance with clause 12.1, or alternatively authorise LogBox to securely dispose of its Personal Information. If the Data Subject does not make such an election, the Data Subject's Personal Information shall be retained by LogBox for a further period of 30 (thirty) days, where after the Personal Information shall be securely disposed of, unless notified otherwise by the Data Subject (in writing) prior to the expiration of 30 (thirty) days from the date of termination, or unless the Personal Information is retained in accordance with clauses 12.3 and 12.4 herein below;
3. LogBox shall have the right to retain any Personal Information if:
   1. the retention thereof is required or authorised by law;
   2. LogBox reasonably requires the Personal Information for lawful purposes related to its functions, activities and/or services;
   3. retention of the Personal Information is required by a contract between the parties hereto; or
   4. the Data Subject or its legal guardian, duly authorised representative and/or Competent Person has consented to the retention of the Personal Information.
4. LogBox may also retain any Personal Information of the Data Subject for historical, statistical and/or research purposes.

REFERENCES AND LINKS TO AND FROM OTHER SITES, PHISHING AND SPOOFING

1. The Site may contain references, links or advertisements to other Sites ("Other Sites") and to the products, opinions or services of third parties and/or the Advertisers.
2. The Data Subject's use of the Other Sites or the products or services of the Advertisers or third parties is entirely at the Data Subject's own risk. LogBox shall not be responsible for any loss whatsoever arising from or related to the Data Subject's reliance on, use or attempted use of Other Sites or the opinions, products or services of third parties.
3. We have no control over an Advertiser or its products or its services, and we are therefore not a party to any dispute between you and an Advertiser.
4. We are not responsible to you for any loss or damage you suffer, whether directly or indirectly, because of an Advertiser or its products or services or your use of the products or services. You alone take the risk of using or purchasing the Advertiser products or services and you hereby agree to indemnify us and hold us harmless for any loss or damage you may suffer, or cause, in this regard.
5. The Data Subject shall not make (and may not permit any third party to make) any reference to LogBox or the Site, whether by way of a link or otherwise, where the reference could, in any way, be interpreted as an endorsement, affiliation or recommendation by LogBox in relation to the Data Subject or a third party or of the services, products or opinions of a third party, without LogBox's prior written consent.
6. If an unsolicited e-mail appears to be from LogBox requests the Data Subject to provide Personal Information (such as your credit card number, user name, or password), or that asks to verify or confirm your LogBox information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer."
7. LogBox will never ask for this type of information in an e-mail, and strongly recommend not to respond to these e-mails and not to click on the link. Responding to "phishing" places the Data Subject and its Personal Information at risk. LogBox cannot be responsible for any consequences resulting from a Data Subject's response to any email sent by a "phisher" or a "spoofer".

EXCLUSION OF LIABILITY FOR USE OF THE SITE

1. The Data Subject's use of the Site is entirely at the Data Subject's own risk.
2. LogBox undertakes to ensure to the best of our ability that the Site is provided to you in a safe, secure and reliable manner. LogBox shall take reasonable care to prevent harm and loss to you, but although we take reasonable care to prevent harm or loss to you, we shall not be held liable for any kind of loss or damage you may suffer, including direct, indirect, special, incidental or consequential loss and/or damages, because of your use of, or inability to use, the Site, unless such loss and/or damage arose because of our negligence or intent.
3. In addition to the above, LogBox is not liable for the following (except where such loss or damage is caused by LogBox's negligence or intent):
   1. Any loss or damage, which you or any other party may suffer due to unauthorised interception and/or monitoring;
   2. Any loss or damage if you didn't take reasonable steps to safeguard your Access Codes and/or followed the steps recommended by us from time to time;
   3. Late or delayed transactions and/or actions;
   4. Loss or damage arising from the unauthorised use of the Site including where a User exceeds their authority;
   5. We are not responsible for any errors or delays in communication systems outside of our control.
4. Subject to the Act, and to the fullest extent allowed by law, LogBox shall not have any liability whatsoever in relation to the Data Subject's use of the Site. The Data Subject hereby indemnifies LogBox against any loss and/or damage, whether direct or indirect, arising from the Data Subject's use of or reliance on the Site or arising out of any of the events contemplated in paragraph 14.5 below, or any actions or transactions resulting therefrom, even if LogBox have been advised of the possibility of such loss and/or damage.
5. In addition, the Data Subject agrees that LogBox will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Site, for any reason whatsoever or any consequential loss and/or damage of any nature and/or reason whatsoever.

EXCLUSION OF WARRANTIES AND REPRESENTATIONS

1. The Site is provided "as is" and are subject to change without notice.
2. LogBox does not accept any responsibility for any errors or omissions on the Site. In addition, the Data Subject acknowledges that the Site may not be accurate or complete.
3. The Site is provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Site or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Site.
4. LogBox also makes no warranty or representation, whether express or implied, that the Site is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network or the Data Subject's hardware or software and the Data Subject accept all risks in this respect.
5. The Data Subject may also not rely on any implied warranty or representation, which allegedly induced the Data Subject to agree to these Terms, unless the representation or warranty is recorded in these Terms.
6. The Data Subject acknowledges that the information on the Site is not intended to, and does not, constitute professional medical advice or a replacement or substitute for professional medical advice of any nature whatsoever, including (without limitation) in respect of any diagnosis or treatment to a specific medical question or condition.
7. The Data Subject acknowledges that the Site is not intended to and does not create a doctor-patient relationship nor does it replace the relationship between a patient and a doctor.
8. The grant of any indulgence by us to the Data Subject in respect of any matter connected to the Data Subject's use of the Site shall not constitute a waiver of any right by us or prevent or adversely affect the exercise by us of any existing or future right
9. LogBox hereby warrants that it shall do all in its power, and as may be reasonably required by any applicable data protection laws, in order to protect the Data Subject's Personal Information and furthermore to do all such things to the best of LogBox's capability and as may be reasonably required to ensure compliance with the Acts.

INTELLECTUAL PROPERTY RIGHTS

1. The Site is protected by law. This incorporates all Intellectual Property in respect of the Site, including all rights, title and interest (statutory and common law) in the Intellectual Property. Any unauthorised use of the Site is prohibited.
2. All rights, title and interest (statutory and common law) in the Intellectual Property, of whatsoever nature existing now and in the future, remain the absolute property of LogBox. The Data Subject may not sub-license, transfer or assign, without the prior written consent of LogBox, and rights and/or obligations of the Data Subject in terms of this Agreement.
3. The Data Subject will not acquire any right, title or interest in or to the Intellectual Property pertaining to the Site other than those rights expressly granted to the Data Subject in terms of this Agreement.

VARIATION OF CERTAIN DEEMING PROVISIONS IN ECTA

By using the Site, the Data Subject agrees that these Terms create a binding agreement between LogBox and the Data Subject, even though these Terms are wholly or partly in the form of a data message. The Data Subject agree specifically that:

1. this Agreement will be treated as if it was concluded at our physical address on the date on which the Data Subject first made any use of the Site;
2. an electronic signature is not required by either party for purposes of agreeing to these Terms;
3. the Data Subject's use of the Site is sufficient evidence of the Data Subject's agreement to these Terms;
4. any data message sent by LogBox to the Data Subject will be deemed to have been sent from our physical address if neither the Data Subject's usual place of business nor its residence is located within South Africa;
5. any communication sent to the Data Subject by an information system programmed to operate automatically, will be a data message attributable to, or authorised by us;
6. subject to the further provision of these Terms, a data message sent by the Data Subject to LogBox will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.

VARIATION OF THESE TERMS

1. LogBox are entitled and reserve the right to vary or amend these Terms and/or the Privacy Policy from time to time and in our sole discretion. Any amendments to these Terms and/or the Privacy Policy will be displayed on the Site from time to time. On the first occasion on which the Data Subject uses the Site after LogBox have amended these Terms and/or the Privacy Policy, the Data Subject will be notified that amendments to these Terms and/or the Privacy Policy have been effected and the Data Subject will be required to re-click/check "I Agree". If the Data Subject continues to use the Site thereafter, the amended terms will immediately be treated as being effective and binding on the Data Subject.
2. It is the Data Subject's responsibility to access and familiarise itself with any amendments to these Terms and/or the Privacy Policy, or the Additional Terms, on each occasion that the Data Subject makes use of the Site.

MISCELLANEOUS MATTERS

1. Addresses:
   1. Our address for the service of any legal notice in accordance with this Agreement is to be sent at: notices@logbox.co.za;
   2. The address for the service of any legal notice on the Data Subject is the Profile of the Data Subject, alternatively the email address provided by the Data Subject as part of the Personal Information shared on the Site;
   3. Notices given to the above addresses shall be deemed to have been duly given: (i) on dispatch if sent to the provided email address; (ii) on the day the notice is posted and/or uploaded onto the Data Subject's Profile on the site.
2. Disputes, claims and legal proceedings:
   1. Any dispute declared by the Data Subject and any claim which the Data Subject may have against LogBox arising out of or in connection with this Agreement, including after termination, cancellation or amendment of these Terms and/or the Services will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa;
   2. If LogBox declares a dispute with the Data Subject, or wish to institute any claim or legal proceedings against the Data Subject arising out of or in connection with this Agreement, LogBox reserve the right to deal with the matter in a forum of our choice, which will include but will not be limited to, the courts of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms;
   3. Notwithstanding anything to the contrary contained in these Terms, neither the Data Subject nor LogBox will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
3. Costs:
   Any costs, including legal costs on attorney and own client scale and value- added tax, incurred by us arising out of the Data Subject's use of the Site, or a breach of these Terms, will be borne by the Data Subject.
4. Assignment:
   The Data Subject shall not cede, assign or transfer any of the Data Subject's rights and obligations in this Agreement without the prior written consent of LogBox. Subject to clauses 12 and 19.7, LogBox is entitled to cede, assign or transfer any of its rights and obligations in this Agreement, and shall give the Data Subject sufficient notice of such cession, assignment and/or transfer
5. Interpretation:
   1. Copies of the Acts can be viewed and downloaded at www.gov.za/documents/acts It is the Data Subject's responsibility to ensure that the copies downloaded or viewed are the most recent versions of the Acts.
   2. In the event that any part of these Terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable;
   3. No relaxation or indulgence which LogBox may grant to the Data Subject will be deemed to be a waiver of any of our rights in these Terms or in law;
   4. The termination of any agreement created by these Terms will be without prejudice to any other rights or remedies that the Data Subject or LogBox may be entitled to under the agreement or at law, and will not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
6. Governing Laws:
   1. These Terms will be governed, interpreted, construed and implemented in accordance with the laws of the Republic of South Africa and the Data Subject agrees to the jurisdiction of the courts of South Africa.
7. Cross Board Transfer of Personal Information:
   1. LogBox may not transfer Personal Information about a Data Subject to a third party who is in a foreign country unless:
      1. the third party, who is the recipient of the Personal Information, is subject to a law, binding corporate rules or binding agreement which provide an adequate level of protection that effectively upholds principles for reasonable Processing of the information that is substantially similar to the conditions for the lawful Processing of Personal Information relating to a Data Subject who is a Natural Person and, where applicable, a Juristic Person, and includes provisions, that are substantially similar to this provision in POPI, relating to the further transfer of Personal Information by LogBox by third parties who are in a foreign country;
      2. the Data Subject consents to the transfer;
      3. the transfer is necessary for the performance of a contract between the Data Subject and the Responsible Party, or for the implementation of pre-contractual measures taken in response to the Data Subject's requests;
      4. the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the Data Subject between the Responsible Party and a third party; or
      5. the transfer is for the benefit of the Data Subject, and it is not reasonably practicable to obtain the consent of the Data Subject to that transfer, and if it were reasonably practicable to obtain such a consent, the Data Subject would be likely to give its consent.
8. Clinical Information:
   1. To the extent that clinical information may be provided on the Site, it is based on best practice and on current recommendations and guidelines. These obviously change from time to time. The information provided should by no means replace the advice of a registered healthcare provider. A Data Subject should not discontinue any treatment being received on the basis of information reflected on this Site without first consulting a healthcare provider. A Data Subject should also seek professional advice immediately should any symptoms experienced persist.

FEES AND COSTS

1. LogBox has the right to charge any Data Subject (excluding a Patient User) the fees as set out in Schedule 2 hereto for the use of the Site, and the fees may be updated and/or amended from time to time by LogBox, alternatively will be regulated in terms of another agreement you may have with Us, and any amendment and/or change in the fees in respect of such other agreement may also be displayed on the Site from time to time;
2. Standard data costs will be charged when the Data Subject downloads the Site and thereafter when the Data Subject uses the Site. These costs are charged by the Data Subject's mobile network operator and/or service provider. Any questions related to the Data Subject's data costs must be sent to the Data Subject's mobile network operator. LogBox cannot be held liable for any of these costs.

WHEN MAKING USE OF THE LOGBOOK APPLICATION

1. Not all Data Subjects will have access to this Site. It is only the College of Medicine and their Trainee Specialists and supervisors who will be entitled to make use of this Site.
2. The provisions of clause 22 will apply, mutatis mutandis, to every Trainee Specialist, and the Trainee Specialist hereby accepts such terms and conditions as if specifically set out in this clause.

ADDITIONAL TERMS FOR PRACTICE USER

1. "Data Subject" in this clause 21 shall mean the Practice User.
2. "Informed Consent" shall have the meaning ascribed to it in terms of the NHA and the Guidelines;
3. "Guidelines" means the Guidelines for Good Practice in Health Care Professions, Published by the HPCSA as updated from time to time;
4. "Personal Information" shall for purposes of this clause have the same meaning as set out in clause 1.12.24 herein above, and shall include a Data Subject's Health Records, or any other information of the Data Subject relating to Health Services, the processing of which would require the Informed Consent of the Data Subject;
5. "Health Records" shall have the meaning ascribed to it in terms of the Guidelines, Booklet 14;
6. "Health Services" shall have the meaning ascribed to it in terms of the Section 1 of the NHA;
7. "Loss" means any loss, including loss of profit, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential.
8. What do these Additional Terms regulate?
   1. These Terms set out the additional terms upon which the Data Subject may use the Services;
   2. The Data Subject's agreement to comply with these Terms and the Additional Terms;
   3. Warranties and indemnities provided by the Data Subject herein in respect of their compliance with the Acts and/or any other applicable legislation, in that it will apply the necessary measures and/or means to protect and safeguard the Personal Information of patients, together with a formal undertaking by the Data Subject to remain compliant with the Acts and or any other applicable legislation for these purposes and for as long as the Data Subject makes use of the Site, or as long thereafter as may be required by the Acts and/or any other applicable legislation, and a further that the Data Subject shall indemnify and hold LogBox harmless from any and all damages and/or loss of whatever nature should such a warranty and/or undertaking be breached by the Data Subject;
   4. The Data Subject must know and understand that:
      1. The Terms; and
      2. These Additional Terms together will constitute a binding agreement between the Data Subject and LogBox in respect of the Data Subject's use of the Site.
   5. The Privacy Policy is incorporated in this Agreement by reference and the Data Subject agrees to be bound by these Additional Terms and the Privacy Policy as if it had been specifically incorporated herein in full;
   6. If there is any conflict between the Additional Terms and these Terms, these Terms will apply;
   7. The Data Subject agrees that clicking/checking "I Accept" and using the Site will constitute the Data Subject's acceptance and agreement of these Terms and the Additional Terms;
   8. If the Data Subject do not want to be bound by these Terms and the Additional Terms, the Data Subject must not continue to use the Services and must not accept or check "I Accept".
9. Accessing the Services:
   1. Only persons who have registered may make use of the Site;
   2. To register on the Site the Data Subject will be required to:
      1. agree to these Terms and the Additional Terms;
      2. provide us with all the information LogBox requires in order to make the Services available to the Data Subject, including but not limited to: (i) the Data Subject personal details; (ii) details relating to the Data Subject's medical practice, and (iii) confirmation of the Data Subject's registration at the HPCSA;
   3. The Data Subject Consents thereto and agrees that LogBox may use the Data Subject's Personal Information and the information provided to us in terms of clause 22.9.2.2 to conduct a check with the HPCSA to confirm the Data Subject's registration with the HPCSA;
   4. When logging on to use the Site, the Data Subject will be requested to enter the Data Subject's Access Codes. The Data Subject may at any time change the Data Subject Access Codes. The Data Subject will be solely responsible for keeping these Access Codes secret. The Data Subject agrees to notify us immediately should the Data Subject suspect that another person has obtained access to the Data Subject's Access Codes or if the Data Subject is aware of any unauthorized use of the Data Subject's Access Codes;
   5. To the extent permitted by law, the Data Subject will be responsible for any Loss or damage the Data Subject, the Patient User, LogBox or any other party may suffer if any other person access the Site using the Practice Users Access Codes;
   6. To access the Site, the Data Subject must have access to a Device, which is able to connect to the internet and to download and receive content;
10. Allowed use and licence:
    1. The Data Subject acknowledges that the Site is owned by LogBox and is protected by law;
    2. The Data Subject agrees that the Data Subject will not use the Site in any manner that constitutes a violation of any law, or be an infringement of the rights (including the rights to the Intellectual Property) of LogBox, our licensors or any third party;
    3. The Data Subject agrees that the Data Subject will not reproduce, modify, copy, perform, transmit or commercially exploit the Site in any manner whatsoever.
11. Patient User Consent:
    1. The Data Subject must obtain the necessary Patient User's Informed Consent for:
       1. the rendering of any Health Services to the Patient User;
       or
       2. the Processing of any information on the Site which relate to certain Health Services rendered, or to be rendered, to a Patient User which would normally require such a Patient User's Informed Consent;
    2. The Patient User can give such Informed Consent to a Practice User in person or through the platform provided by LogBox via the Site;
    3. By Processing the Patient User Personal Information on the Site the Data Subject warrants that the Data Subject has received the Patient User's necessary consent and that the Patient User agreed to share such Personal Information with the Data Subject, whether by the Patient User in person or his/her duly authorised representative, or in the event of a Child by a Competent Person, where after the Data Subject may Process the Personal Information of the Patient User on the Site;
    4. To the extent permitted by law, the Data Subject hereby indemnifies LogBox, its affiliates, shareholders, directors, agents, consultants and employees ("the Indemnified Parties") against any claims, costs loss and/or damages that may be incurred by the Indemnified Parties of whatsoever nature, including, without limitation any direct, indirect, special, consequential and/or physical damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the Data Subject failure to obtain the Data Subject's Patient User's necessary consent prior to their Personal Information being Processed on the Site.
12. Additional disclaimers and exclusion of warranties:
    1. The Data Subject acknowledges that the information on the Site is not intended to, and does not, constitute professional medical advice or a replacement or substitute for professional medical advice of any nature whatsoever, including (without limitation) in respect of any diagnosis or treatment to a specific medical question or condition of the Patient User;
    2. The Data Subject acknowledges that the use of the Site does not create nor replace the professional relationship the Data Subject has with a Patient User. Accordingly, whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy and safety of the content of this Site:
       1. the Data Subject agrees that any reliance hereof and hereon is solely and entirely at the Data Subject's own risk and that the Data Subject assumes full responsibility and risk of Loss resulting from the use of the Site;
       2. the Data Subject agrees that the information which the Data Subject Processes in respect of a Patient User is accurate and is Processed solely and entirely at the Data Subject own risk and the Data Subject assumes full responsibility and risk of Loss resulting from the use thereof; and
       3. the Data Subject agrees that the use of the products or services which may be advertised on the Site are used at the Data Subject's own risk and the Data Subject assumes full responsibility and risk of any injury, damage or Loss resulting from the use thereof.
    3. The Data Subject hereby indemnifies the Indemnified Parties against any claims, costs or damages that may be incurred by the Indemnified Parties of whatsoever nature, including, without limitation any direct, indirect, special, consequential and/or physical damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, accuracy or inability to use the Site or the information contained herein;
    4. The Data Subject agrees that LogBox may limit or deny access to all or any part of the Site for purposes of performing any upgrade, repair or maintenance services, or for any other reason;
    5. The Data Subject agrees that LogBox may grant certain marketing rights to Advertisers, approved by LogBox, to market and advertise certain media, also to be approved by LogBox, via the Site;
    6. The Data Subject hereby warrants that the Data Subject has applied and adopted the necessary means for the sufficient protection of Personal Information as is required in terms of the Acts and/or any other applicable legislation, and hereby undertakes to retain and maintain such measures and to remain compliant with the Acts and/or any other applicable legislation for these purposes and for as long as the Data Subject makes use of the Site, or for as long thereafter as may be required by the Acts and or any other applicable legislation, and the Data Subject furthermore undertakes not to disclose such Personal Information for any other purpose than what Data Subject is authorised to do;
    7. The Data Subject furthermore hereby indemnifies and hold LogBox harmless from any and all damages and/or loss of whatsoever nature which LogBox may incur as a result of the Data Subject's breach of the afore said warranties and/or undertakings;
    8. The Data Subject hereby undertakes to comply with any and all applicable statutory requirements when making use of the Site and Processing Patient User's Personal Information and hereby fully indemnifies LogBox from any damages and/or loss, whether direct or indirect, special or consequential as a result of the Data Subject's breach of such undertaking.