Introduction
These terms of use (the “Terms”) describe your rights and responsibilities with regard to the Trident platform, including their website and mobile application (the “Platform”) owned and operated by Trident Online (Pty) Limited. In these Terms, “we”, “our”, “us”, “ByeGwaai” and “Trident” collectively refer to Trident Online (Pty) Limited. The terms “I”, “my”, “user”, “you” and “yours” refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms and our Privacy Policy.
Even though you may have arrived to the Platform through a website or mobile application operated or controlled by a third party, including by an affiliate of Trident, you understand and agree that these Terms are entered into between you and Trident. You also understand and agree that the Platform and any services provided through these Terms, except the Telehealth Services described herein, are provided by Trident.
You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with Trident and engage in health-oriented activities with licensed medical practitioners and professional pharmaceutical entities affiliated with Trident, and such processes have the same force and effect as your written signature. You agree and consent to Trident, Trident affiliates or certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.
Please note that prior to giving your consent, ensure that by using the byegwaai Platform (the “Platform”) you understand that to obtain medical care differs from the current systematic process in South Africa.
Trident strictly does not provide any medical services. Trident will record and send your request for medical services to a licensed medical practitioner in South Africa.
After you make an application and payment through the Platform, Trident will notify one or more of the licensed medical practitioners to work on your application. Those licensed medical practitioners are third-party beneficiaries of this Agreement (“Partner Doctors”).
By making use of the byegwaai Platform you the user, acknowledge and agree to the following:
Description of Trident Services
I, the user, acknowledge and accept that the Platform is intended to facilitate the following services (the “Services”): (1.) the gathering of health care records and information with retention of the same for use in Partner Doctor encounters and communications; (2.) administrative support in connection with scheduling and payment for Telehealth Services; (3.) administrative support in connection with coordinating optional fulfilment and payment for diagnostic testing and prescription medications ordered or prescribed by medical providers performing Telehealth Services; and (d) telecommunications and technology support for using the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.
I understand that the Platform gathers unique information from you to enable an affiliated medical provider through the Telehealth Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, “Your Information”). You further understand and agree that after reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Telehealth Services”).
I give us consent to send and disclose to the affiliated professional entities and their medical providers all Your Information so that you may receive Telehealth Services. Further, I consent to delivery of my Information to Trident affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of coordinating desired fulfilment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the Telehealth Services.
All medical providers who deliver Telehealth Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with Trident, and (ii) solely responsible for such Telehealth Services provided to you. Trident does not provide any Telehealth Services through the Platform and is not licensed to practice medicine. Trident does not control or interfere with the provision of Telehealth Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Telehealth Services provided to you. Therefore, you understand and agree that Trident is not responsible for Telehealth Services, or your use of any Telehealth Services, provided by a medical provider or affiliated professional entity, including any personal injury or property damage.
Trident Service Scope
I, the user, acknowledge and accept that by using the Platform I will receive care for a limited scope of medical services relating to smoking cessation.
I, the user, acknowledge and accept that by using the Platform I will not receive any other medical services other than services offered by Trident.
I, the user, acknowledge and accept that by using the Platform for an online medical consultation, I may need to have a once off face-to-face consultation and physical examination with a Partner Doctor (“Consultation”).
I, the user, assign Trident as my recognised representative for the purpose of receiving my prescribed medication from the pharmacy.
I, the user, acknowledge and accept that the pharmacy may deliver the prescribed medication themselves or alternatively make use of a local courier service and courier the prescription directly to a delivery address I have chosen. If the pharmacy does not offer courier services or in the event that I am unable to take delivery of the prescribed medication, I understand that Trident, as my assigned and recognised representative, shall receive the prescribed medication on my behalf.
I, the user, acknowledge and accept The Services are currently available to individuals located in South Africa.
Trident’s Limited Telehealth Services
The Platform has been created and designed for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment.
Always seek the advice of your primary doctor or other qualified medical providers with any questions you may have regarding general personal health, medical conditions or medications, and before commencing or discontinuing any course of treatment or medication.
Partner Doctor and User Relationship
I, the user, acknowledge and accept that a Partner Doctor using the Platform has the right to decline responsibility for my care if the Partner Doctor (by way of a professional decision considering the information supplied by you) that I am an unfit applicant for this Platform and the Service(s) it offers.
I, the user, acknowledge and accept making a request for treatment (by completing a health assessment, making payment and booking a Consultation) or sending a message through the Platform does not in and of itself create a duty of care or create a relationship between myself and one or more of the Partner Doctors on the Platform.
I, the user, acknowledge and accept that the Partner Doctor will take responsibility for my care only after the Partner Doctor has reviewed my application for medical services, reviewed all the information I have supplied, and then subsequently accepted that I am a good and healthy user for the services offered by the Platform during my Consultation.
I, the user, acknowledge and accept that there may be a reasonable period of time that passes before a Partner Doctor reviews my application and/ or health assessment for medical services and any messages and/ or emails I send.
Eligibility
I the user, acknowledge and accept, to make use of the Services through the Platform, the following must be true:
I am at least 18 years of age or older.
I live in South Africa and in a province or area where Trident's services are available.
In the instance that I make a medical aid claim for the cost of my medication, that my medical aid scheme will cover the costs by way of my applicable plans benefits or through my medical aid scheme savings.
I have compatible computing and/or mobile device, access to the Internet, and certain necessary software in order to use the Platform and consult with a Partner Doctor.
I understand that fees and charges may apply to your use of mobile services and to the internet.
I agree to be legally bound by and comply with the Terms of Use and Terms of Conditions of this Platform. These can be found at https://www.byegwaai.co.za/terms
I understand and agree that satisfying the above requirements does not guarantee that I will receive Trident's full service offering through the Platform.
Communication
I, the user, acknowledge and accept that by using the Platform, electronic communication with a Partner Doctor may not be in real time.
I, the user, acknowledge and accept that I must check the Platform as well as the email address’s inbox and spam folder I supplied during the registration process for messages from Trident or a Partner Doctor as this is the only form of communication that Trident will use to relay important information and/ or questions to me.
I, the user, acknowledge and accept that if I do not check the Platform or the email address I supplied regularly, my care may be delayed for an indefinite amount of time.
I, the user, acknowledge and accept that if I have any questions relating to my care that aren't urgent, I can email Trident and that Trident will alert the Partner Doctor that there is a message for them.
I, the user, acknowledge and accept that Trident and/ or the Partner Doctor may not attend to or review my message(s) until five business days have passed since the date and time on which the message(s) were sent.
I, the user, acknowledge, consent to, and accept that the Partner Pharmacy will contact me from time to time to confirm my personal details.
I, the user, acknowledge, consent to, and accept that the Partner Pharmacy or a third party courier service contacting me through my supplied email address or telephone number regarding the delivery of my medication.
Payment and Subscriptions
I, the user, acknowledge and accept when I submit my Information for Telehealth Services, I agree to pay all fees due. You will see a prompt for your payment details.
I, the user, acknowledge and accept by entering my payment information and submitting my request for Services, I authorize Trident, their affiliates, or their third-party payment processors to charge the amount due.
I, the user, acknowledge and accept that when I receive a Consultation, Consultation fees are not eligible for a refund.
Trident cannot accept returns of prescription products for reuse or resale, and all sales are final. However, if you believe we have made an error in the filling of your prescription, please contact our Customer Care Team at support@Trident.co.za.
I, the user, acknowledge and accept that I am are responsible for all fees due to receive the Services, including any fees charged by the Partner Doctors, the Partner Pharmacy, affiliated professional entities and any applicable medical aid scheme co-payment amounts.
I, the user, acknowledge and accept that amounts collected by Trident will include fees charged by Partner Doctors for Telehealth Services and my medication in the instance I elect to pay cash.
I, the user, acknowledge and accept that in the event that my credit or debit card expires or Trident, their affiliates, or their third-party payment processors are unable to process my payment, I may receive notice for me to provide an alternative payment method. Trident and/or the Partner Doctors and Partner Pharmacy have no obligation to provide any Services unless and until full payment has been received and/or verified. Please note that professional services delivered as part of the Telehealth Services are not covered by any medical aid schemes, and, as such, you understand that no such claims will be submitted by Trident or our affiliates for coverage of the professional services.
I, the user, acknowledge and accept that the price of my medication may change over the period of my subscription to the Services in line with the SEP prices determined by the Department of Health.
Medial Aid Scheme Claims
I, the user, acknowledge, consent to and accept that if I elect to claim for my medication costs through the Platform from my applicable medical aid scheme, that the Partner Pharmacy will make a claim on my behalf every month I am subscribed to the Services.
I, the user, acknowledge and accept it is my responsibility to provide the correct medical scheme details and keep them to date.
I, the user, acknowledge, consent to and accept that the Partner Pharmacy will contact me from time to time to confirm my medical aid details.
I, the user, acknowledge and accept that I am are responsible for all fees due to receive the Services, including any extra fees charged to me by Trident or the Partner Pharmacy in the instance that my medical aid claim is rejected by my medical aid scheme provider for any reason whatsoever.
I, the user, acknowledge and accept it is my responsibility to update my personal details and elect to pay cash for my medication, in the instance that my medical aid scheme will not pay for my medication.
Your Responsibilities
I, the user, acknowledge, accept and agree to the following:
All my Information provided through the Platform is accurate, complete and correct, and I will accurately maintain and update any of my Information that I have provided to Trident.
My permitted use of the Platform is personal (the Platform will be used only by you), and my personal identification information is accurate and truthful. I agree to keep confidential my username and password and that you will exit from your account at the end of each session.
I agree to immediately notify Trident of any unauthorized use of my username, password or any other breach of security that I become aware of involving or relating to the Services by emailing Trident at mail@byegwaai.co.za
I understand that I may be asked to provide additional information to Trident, its affiliated professional entities, or applicable medical provider(s) for the purpose of providing Telehealth Services or fulfilling a prescription. I understand that I may elect to withhold the requested information; however, if I do so, I may not use the Platform or any other related services.
Partner Doctor reliance on information you supply
I, the user, acknowledge and accept that by making use of the Platform I am pursuing a doctor-patient relationship where the Partner Doctor relies exclusively upon the information that I supply during the registration and health assessment processes to make a professional medical decision as to whether or not the requested medical services are safe.
I, the user, acknowledge and accept that the Partner Doctor will consider the information I supply is true, correct, accurate and complete.
Designated Representatives
I designate Trident and the Partner Pharmacy as my designated representatives to package, pick up and deliver my prescription to my designated address.
Acknowledging and Accepting The Risks Associated With Your Medication
I, the user, acknowledge and accept that through the Platform I can request a prescription for various types of smoking cessation medications (“SCMs”) and that different types of SCMs have different risks of adverse events and different side effects.
I, the user, acknowledge and accept that SCMs have a risk of serious side effects, including permanent disability, and death.
I, the user, acknowledge and accept that if I make an application for a prescription through the Platform for SCMs then it's important that I may require a Partner Doctor to perform an physical assessment at a Consultation as it may not be safe or appropriate to take SCMs.
I, the user, acknowledge and accept that it's my responsibility to review, consider and understand the information Trident supplies me with before taking the medication I am prescribed, whether it is SCMs or any other smoking cessation related scheduled medication.
I, the user, acknowledge and accept that if I request a prescription for a specific SCM I accept any increased risk of adverse events and/or serious side effects associated with that particular medication.
Adverse Events
I, the user, acknowledge and accept that if I supply information about myself that isn't true, correct, accurate and complete, I will be at greater risk of being harmed and/or suffering an adverse event by the prescribed medication I am taking.
I, the user, acknowledge and accept that all the information I supply when requesting to use Trident’s services, including but not limited to my age, weight, height and blood pressure, is important in the designated Partner Doctor’s decision as to whether I'm a fit applicant for a particular brand and or type of SCMs and for the services offered by Trident generally.
I, the user, acknowledge and accept that adverse events can be caused by a number of factors, including but not limited to an allergic reaction, side effects, interactions between medications, smoking, and/or other things (e.g., supplements or recreational drugs) I am currently taking or have previously taken.
I, the user, acknowledge and accept that adverse events from taking SCMs include but are not limited to stroke, heart attack, and/or death.
The Platform is not for use in emergency situations
I, the user, acknowledge and accept that I should and will never use the Platform in an emergency. I understand that in an emergency, I should dial 112 or go to an emergency department at a government or private hospital.
Importance of reading the information we supply
I, the user, acknowledge and accept that I should review, consider and understand the information supplied on the Platform and through links to third-party websites for information about my choice of smoking cessation program.
I, the user, acknowledge and accept that the virtual and online nature of the Platform requires me to review, consider and understand the information supplied about SCMs.
I, the user, acknowledge and accept that the information about the risks of SCMs is found within the Frequently Asked Questions (“FAQs”) and the information Trident supplies when I select a specific SCM or product.
Risk to Electronic Health Information
I, the user, acknowledge and accept that the virtual and online nature of the Platform means that there is a greater risk to the privacy of my health information in comparison to solely attending a physical doctor's practice.
I, the user, acknowledge and accept that although Trident implements various administrative, physical and technical safeguards to protect my health information, Trident cannot guarantee the privacy and confidentiality of my health information.
If you have any questions or queries, please send us a message through the Platform’s messaging service or alternatively email us on mail@byegwaai.co.za.
Third-Party Hyperlinks and Sites
I, the user, acknowledge and accept the Platform may contain hyperlinks or acknowledgements to other websites (“Hyperlinked Sites”) operated by third parties. The Hyperlinked Sites may not be under Trident’s control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Hyperlinked Site, including, without limitation, any link contained in a Hyperlinked Site, or any changes or updates to a Hyperlinked Site.
I, the user, acknowledge and accept that Trident are providing these Hyperlinked Sites to me only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. My use of these Hyperlinked Sites is at my own risk, and Trident are not liable to me in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Hyperlinked Sites.
I, the user, acknowledge and accept that I may have arrived on the Platform through a Hyperlinked Site, including a Hyperlinked Site controlled by a parent, subsidiary or affiliate of Trident. I understand and agree that Trident are not responsible for the information, products or services described on those Hyperlinked Sites and only these Terms will apply to my use of or access to the Platform.
Telehealth Consent
Telehealth or telemedicine involves the delivery of health care services, where patients and providers are separated by distance. Telehealth uses ICT for the exchange of information for the diagnosis and treatment of diseases and injuries, research, and evaluation, and for the continuing education of health professionals. Telehealth can contribute to achieving universal health coverage by improving access for patients to quality, cost-effective, health services wherever they may be. It is particularly valuable for those in remote areas, vulnerable groups, and ageing populations, and may include, but is not limited to:
Electronic transmission of medical records, photo images, personal health information, or other data between a user and a Partner Doctor;
Interactions between a user and Partner Doctor via audio, video, and/or asynchronous data communications; and
Use of output data from medical devices, sound, and video files.
By registering as a User on the Platform and accessing the Telehealth Services, I acknowledge and agree to this Telehealth Services Consent and a record of such acknowledgement will be retained in the medical record of the medical provider and professional entity providing such Telehealth Services.
Copyright and Trademarks
I, the user, acknowledge and accept that unless otherwise stated, all rights in any information which appears on this site (including the screen displays, the content, the text, graphics and look and feel of the site) belong to Trident or Trident’s licensors.
I, the user, acknowledge and accept that unless specifically prohibited by a notice published on any page, I may download and/or print a copy of such parts of the pages of the site as you may reasonably require for your own personal non-commercial use only, provided that any copy has attached to it the relevant proprietary notices and terms and conditions.
I, the user, acknowledge and accept that all trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights.
I, the user, acknowledge and accept that Trident may suspend or cancel my registration immediately if I do not comply with these terms and conditions.
Residence
I, the user, acknowledge and accept that this site is controlled and operated by Trident from South Africa. Trident makes no representation that any material contained on this site is appropriate for any other jurisdiction. Should I choose to access this site from any location other than South Africa, I am responsible for compliance with all applicable local laws.
Liability
I, the user, acknowledge and accept that by entering this Platform, the use of this Platform is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall Trident be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Platform or any material on any Platform linked to this site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if Trident has been advised of the possibility of such damage. In addition, no liability can be accepted by Trident in respect of any changes made to the content of this site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law. Trident does not warrant that this site does not infringe any intellectual property rights of third parties.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Trident, the Medical Groups, the Partner Doctors or the Partner Pharmacy. You may not enter into any contract on our behalf or bind us in any way.
Restrictions on use of the Platform
I, the user, acknowledge and accept that will not use, or encourage or permit others to use, the Platform except as expressly permitted in these Terms. I will not:
Use or attempt to use the Platform or the Services for any other person than myself;
Access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local law or regulation, or is prohibited by these Terms;
Use or access the Platform to create or develop competing products or services or for any other purpose that is to Trident’s detriment or commercial disadvantage;
Take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Platform or any content, in whole or in part;
Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Platform or any computer network.
Termination
I, the user, acknowledge and accept that Trident may terminate my use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Partner Doctors or Partner Pharmacy or if Trident discontinues the Service. The provisions of the Terms concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of These terms or my relationship with Trident.
I, the user, acknowledge and accept that if my use of the Service is terminated pursuant to these Terms, I will not attempt to use the Service under any name, real or assumed, and further agree that if I violate this restriction after being terminated, I will indemnify and hold all Trident Parties harmless from any and all liability that any such Trident Parties may incur with respect thereto.
I, the user, acknowledge and accept that except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), Trident has no obligation, whether before or after the termination of my use of the Service, to return or otherwise provide to me or any third party on my behalf any content, any information you provide to us or any other information that Trident may have that relates to me.
Other Sites/Banners
I, the user, acknowledge and accept that Trident is not responsible for the content of any other websites that are linked to or from this site and Trident excludes all warranties and all liability for any loss or damage I incur as a result of your use of such sites. We will not be responsible for the content of any advertising or sponsorship that may appear on our site nor for compliance of the same with any laws or regulations.
Site availability
I, the user, acknowledge and accept that to the extent permitted by applicable law, Trident do not warrant that this site will be available at any time.
If the Platform is unavailable, please report this by emailing to mail@byegwaai.co.za we will attempt to correct the fault as soon as we reasonably can.
Accuracy
I, the user, acknowledge and accept that the information contained in this site is based on up to date information and while Trident makes all reasonable efforts to ensure that material on this site is correct, current and complete at the date of publication, accuracy cannot be guaranteed. Trident makes no warranties or representations (express or implied) as to its accuracy, currency or completeness. Trident may change the information at any time without notice.
I, the user, acknowledge and accept that I should take appropriate steps to verify all information on this site before acting upon it.
Amendments to the Terms
I, the user, acknowledge and accept that Trident may update these Terms from time to time and Trident will notify me of any changes using the email address I supplied to Trident on registration or by an announcement on the Platform. The changes will apply to the use of the site after such notice.
I, the user, acknowledge and accept that if I use the site after the date on which the changes come into effect, I will be deemed to have accepted the new Terms.
Severability
I, the user, acknowledge and accept that if any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
Assignment
I, the user, acknowledge and accept that I may not assign, sub-license or otherwise transfer any of my rights under these terms and conditions.
Governing Law
I, the user, acknowledge and accept that these terms and conditions are governed by and shall be construed in accordance with the laws of South Africa. Non-contractual obligations (if any) arising out of or in connection with these terms and conditions (including their formation) shall be governed by the laws of South Africa.
I, the user, agree and submit to the exclusive jurisdiction of the courts of South Africa as regards any claim, dispute or matter (whether contractual or non-contractual) arising out of or in connection with these terms and conditions or any of the documents to be entered into pursuant to this these terms and conditions (including their formation).
Contact Trident
If you have questions, queries or concerns please contact our Customer Care Team at mail@byegwaai.co.za
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