Terms of Conditions and Privacy Policy

Terms and Conditions and declarations of use

1. Scope and purpose

1.1 These Terms and Conditions govern the acquisition and use of the MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) company’s application entitled “Mandla Health” (the app) by users and form an integral part thereof.

1.2 The purpose of the app is to allow users to learn about medical conditions, record their progress in terms of controlling their health conditions or habits and to set reminders for medication use, while providing protection for each user’s right to privacy. MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) subscribes to the protective mechanism contained in and legislated for in the Constitution of the Republic of South Africa (Act 108 of 1996) and various other guidelines.

1.3 The provisions and safeguards in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) have been used as a benchmark for the protection of the right to privacy.

1.4 Important: please read these Terms and Conditions of use in conjunction with the Data Protection and Privacy Policy for the app. The Privacy Policy also governs and applies to your use of the app and is incorporated herein by this reference.

1.5 As explained in detail in the Privacy Policy – your privacy is protected. The privacy policy takes into account the sensitive and unique nature of healthcare information which demands the highest standard of respect for the privacy and confidentiality of users’ information in a secure and trusted environment. The app is not capable of:
1.5.1 Using your GPS location to track your location;
1.5.2 Being used by law enforcement to identify or track you;
1.5.3 Accessing personal information or data saved on your phone (i.e. your emails, messages, or phone contacts); and
1.5.4 Discovering your name or address.

1.6 The app does record the following information in an encrypted, anonymous and de-identified form:
1.6.1 The date of birth and gender.
1.6.2 What goals have been selected and the data that are recorded for each.
1.6.2 The medication names, descriptions, times of use and compliance rates.

1.7 This anonymized data is kept on your phone and on a centralized server.

2. Conditions of access and use

2.1 The installation of the app on a mobile phone and the employment thereof is entirely voluntary for users.

2.2 The use of the app and its functions described in these terms and conditions is currently restricted to the territory of the Republic of South Africa.

2.3 By accessing the app, the user declares that he or she has understood and accepted the following terms and conditions as well as those set out in the Privacy Policy. If the user does not agree to these conditions, then the app is not to be used.

3. How the app works

Registering requires a date of birth, gender, name, surname and an email address. This can be auto-populated by signing up with a Google account.

Users are prompted to select any “health goals” that the user may be inclined to monitor or manage. Six goals exist: blood pressure, smoking, diabetes, alcohol, HIV and weight. With this, the user can record data surrounding the goals by entering the user’s blood pressure, number of cigarettes smoked, number of units of alcohol drunk, HIV Viral Load, CD4 count, blood glucose and/or the user’s weight kilograms, where applicable.

The app selects notable health content readings pertinent to the user’s goal(s). Other readings are all available, just not brought to the top of the page.

The medications section allows users to add any medications being used. There is no predetermined list, so users will add medications manually with their own choice of medication names, descriptions, quantities, reminders etc. The app then records when users have selected “taken” upon taking their medications. This then is presented as a calendar showing how adherent the user has been. The app will allow for notifications to be set to remind the user to take any medication he/she has recorded.

4. Notifications

Notifications only pertain to medications. When a user adds a medication, they specify whether they need to take it in the morning, afternoon or evening. These notification or reminder times can be edited. The app will then notify the user accordingly.

5. Users’ duties of care

5.1 Users are solely responsible for technical access to the app and for all information provided.

5.2 Users are required to take reasonable security measures to protect their own devices against unauthorised access by third parties and against malware. These steps include, but are not limited to, having a passcode to open your device, and to practice caution when downloading software onto the device (i.e. always make sure it is from a trusted source).

5.3 The user’s attention is hereby drawn to the security risks associated with use of the internet and of internet technologies.

5.4 Users are required to keep the app updated. There is no entitlement to use a specific version of the software.

5.5 Users are required to check any data they enter for completeness and correctness.

5.6 When using the app, users are responsible for complying with any applicable legal provisions and these Terms and Conditions.

6. Liability and warranty

6.1 While MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) (the developers) take every care to ensure the correctness of the information, content and communications published in the app, the make no warranty as to the correctness, accuracy, currency, reliability or completeness thereof.

6.2 MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) expressly reserve the right, at any time, without prior notice, (partly or completely) to alter, delete, or refrain from publishing information and content.

6.3 To the extent permitted by law, any claims for liability against MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA), their affiliates, employees, representatives, directors, agents or subcontractors for all losses, damages, including material, immaterial or consequential damage arising from using the app are waived by the user. These include damage caused, for example: by access to, use or non-use of the app and the associated information, content and communications; from misuse of the connection, from technical faults; or from infringement of the user’s duties of care.

6.4 The user is responsible for and assumes the risk of any action or behavior undertaken on account of information, content or communications in the app. To the extent permitted by law, MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) will not be liable under any circumstances for any resultant damage.

6.5 MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) assume no responsibility and makes no warranty that the functions and use of the app will be permanently and continuously available and free of errors or faults, that errors will be rectified, or that the servers will be free of viruses or other harmful elements.

6.6 MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) is entitled to interrupt or discontinue use of the app at any time.

6.7 The app may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

6.8 You understand and accept that all the services and information provided by MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) carries an inherent risk. These services are provided without any warranty of any kind, express or implied. Without limiting the foregoing, there is no warranty as to the reliability, accuracy, timelines, usefulness, adequacy and completeness of the services offered.

7. Data protection

7.1 Every person has the right to privacy and to be protected against misuse of their personal data. Personal data and information is only requested where necessary and is treated in strict confidence and in accordance with the Privacy Policy.

7.2 In close collaboration with their service providers, MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) make every effort to protect data against unauthorised access, loss, misuse or falsification.

7.3 The processing of personal data by the developers is governed by the app’s Privacy Policy.

7.4 We will not sell your data.

8. Termination of use

Use of the app can be terminated by the user at any time by deleting/uninstalling it from the mobile phone.

9. Copyright, property rights and rights of use

9.1 Apple and Google have granted MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) a license to use Tools, API’s and Frameworks. Apple and Google retain all of the IP related to their software.

9.2 All copyright in the app is held by MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA). All copyright for the implementation of the Google/Apple API, including the screen designs and flows are held by MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA).

9.3 The information and content is made accessible to the public. The content published in the app by the developers is for personal use only. Any further reproduction or passing-on of content to third parties, without prior written permission, is not permissible. The downloading or copying of content, or other files does not result in any transfer of rights as regards the content.

9.4 Copyright and any other rights relating to content, images, photos or other files in this app are held exclusively by the developers or the specially designated rights holders. For the reproduction of any elements whatsoever, written consent is to be obtained in advance from the copyright holders.

10. Advice

10.1 The services you receive are not clinical medical advice, but rather preventative healthcare information of an educational nature. The service is therefore not intended to replace professional medical care, advice, instruction or treatment. As such, you are requested to regularly consult with your treating medical practitioner.

11. Final provisions

11.1 By subscribing to this app you will be deemed to have read, understood and agreed to the Terms and Conditions and declarations of use.

11.2 Use of the app is free of charge for users. Any costs arising for network access to enable use of the app are borne by the user.

11.3 MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA) reserves the right to amend or add to these Terms and Conditions at any time. The new conditions will be communicated to users through the app.

11.4 Should one provision of the Terms and Conditions be invalid or inoperative, the other provisions thereof shall not be affected.

11.5 You are deemed to be within the borders of South Africa and therefore South African Law will apply to this Agreement and any matter that may arise with MANDLA WELLNESS (PTY)LTD (K2019577395 SOUTH AFRICA).