Terms of Service
These Terms of Service govern the provision of the Roomcall service by Roomcall to the practices that use it. Please read them carefully. Clauses 14, 15 and 16 limit our liability and require you to indemnify us; they are drawn to your attention in a conspicuous manner, as section 49 of the Consumer Protection Act 68 of 2008 requires.
1. Definitions and interpretation
- In these Terms, unless the context indicates otherwise:
- "Account" means the account created for a Practice to access the Service;
- "Agreement" means these Terms, the Privacy Policy and the Data Processing Agreement, as amended from time to time;
- "Booking Page" means the public online booking page that a Practice may enable under clause 9;
- "Consumer" means a Practice to which the CPA, or Chapter VII of the ECT Act, applies;
- "CPA" means the Consumer Protection Act 68 of 2008;
- "Data Processing Agreement" means our data processing agreement published at /data-processing;
- "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;
- "Fees" means the subscription fees payable for a Plan;
- "Plan" means a paid subscription to the Service described on our pricing page;
- "POPIA" means the Protection of Personal Information Act 4 of 2013;
- "Practice", "you" and "your" mean the medical, dental or allied health practice, whether a natural person, partnership, company or other entity, on whose behalf the Account is created;
- "Practice Data" means all information, including personal information, entered into the Service by or on behalf of the Practice, or by patients through the Practice's Booking Page;
- "Privacy Policy" means our privacy policy published at /privacy;
- "Service" means the Roomcall online appointment book, including the reception screen, the doctor's screen, the Booking Page, reports and the related website, as made available by us from time to time;
- "Trial" means the free trial period described in clause 4; and
- "we", "us" and "our" mean Roomcall, the trading name of the sole proprietor identified in our Legal Notice.
- Clause headings are for convenience only and do not affect interpretation. The singular includes the plural and the reverse. "Including" means "including without limitation".
- If the Data Processing Agreement conflicts with these Terms in relation to the processing of Practice Data, the Data Processing Agreement prevails.
2. Acceptance
- These Terms apply from the moment an Account is created or the Service is otherwise used. By ticking the acceptance box on the sign-up page, or by using the Service, the person doing so accepts the Agreement on behalf of the Practice, and warrants that they are at least 18 years old and authorised to bind the Practice.
- The Service is provided to businesses for use in the course of providing health services. It is not offered for personal or household use, and it is offered only to practices located in South Africa.
- We record the date on which each Practice accepted these Terms and the version accepted. The current version of these Terms may be viewed, saved and printed at any time at this web address.
3. The Account
- Each Account has one set of sign-in details, which may be used by the Practice's staff at reception and on the doctor's screen. You must disclose the sign-in details only to persons employed or engaged by the Practice who require them.
- You are responsible for keeping the sign-in details confidential, for choosing a strong password, and for all activity carried out under the Account. Because the doctor's screen keeps a copy of the day's schedule on the device, you must sign out of any device that is shared with people outside the Practice or is no longer used by the Practice. You must notify us immediately through our contact page if you suspect that the sign-in details have been disclosed or misused.
- You must keep the email address associated with the Account current. We use it for all notices under the Agreement.
4. Free Trial
- A new Account receives a free Trial of 7 days. No payment details are required to begin a Trial.
- At the end of the Trial, access to the schedule screens is suspended until a Plan is selected. Practice Data is retained in accordance with clause 18. A Plan may also be selected during the Trial, in which case the Trial ends and the first billing month begins that day.
- We may change or withdraw the Trial for new Accounts at any time. This does not affect a Trial already in progress.
5. Plan, Fees and payment
- The Plan and its Fees are set out on our pricing page. One Plan covers one Practice, with one Account.
- Fees are charged monthly in advance, in South African rand, each month starting on the day the Plan was selected. Where value-added tax applies, the Fees shown include it.
- Our order process is conducted by our online reseller Paddle.com ("Paddle"). Paddle is the merchant of record for all our orders: it takes payment, issues invoices and receipts, and handles payment enquiries and refunds. Paddle's own buyer terms also apply to the payment. We do not receive or store payment card numbers.
- If a payment fails, you will be notified by email and the payment will be tried again. If the amount remains unpaid 14 days after the first failed payment, access to the Service is suspended until it is paid.
- We may change the Fees by giving you at least 30 days' written notice. The new Fees apply from the first billing month that begins after the notice period ends.
- Subject to clauses 6.3 and 17.2, and to any right to a refund under applicable law, Fees paid are not refundable, including for part of a month. As the seller, Paddle may at its discretion refund a payment if you ask it to within 14 days of that payment.
6. Term, cancellation and cooling-off
- The Agreement begins when the Account is created and continues from month to month until it ends under this clause 6 or clause 17. There is no minimum term.
- You may cancel at any time in the Service, under Settings, after confirming the Account password, or by sending a request through our contact page that gives the email address associated with the Account. We may ask you to confirm the request from that address. Cancellation of a Plan takes effect at the end of the billing month already paid for, and the Plan is not renewed. If the most recent payment has failed, cancellation takes effect immediately. Cancellation during a Trial takes effect immediately. A cancellation may be withdrawn in the Service before it takes effect.
- If you are a Consumer to whom section 44 of the ECT Act applies, you may cancel the Agreement without giving a reason and without penalty within 7 days after it is concluded. Any Fees paid will be refunded within 30 days after the date of cancellation.
- You can download the Practice's appointments as a spreadsheet at any time under Settings, and for 90 days after the Account ends. We do not send copies of Practice Data by email.
7. Practice Data
- Practice Data belongs to the Practice. In respect of Practice Data, the Practice is the responsible party and we are its operator, as those terms are defined in POPIA. We process Practice Data only on the Practice's behalf and in accordance with the Data Processing Agreement, which forms part of the Agreement.
- You are responsible for:
- having a lawful basis to collect and record Practice Data and to contact your patients;
- informing your patients how the Practice processes their personal information;
- entering only the information necessary to manage appointments;
- the accuracy of Practice Data; and
- keeping any records you are required to keep by law or by professional rules, including the National Health Act 61 of 2003 and the Health Professions Council of South Africa's guidelines on keeping patient records. The Service is an appointment book and is not designed to be your record for those purposes; use the download in clause 6.4 to keep copies.
- You grant us a non-exclusive licence to host, copy, transmit and display Practice Data solely to the extent necessary to provide the Service to you.
8. Nature of the Service
- The Service is a scheduling tool. It is not an electronic health record or a medical device, and it does not provide clinical advice.
- You must not use the reason, message or other free-text fields to record clinical notes, diagnoses, test results or other health records.
- The Service must not be relied upon in an emergency, or in any circumstance where a delay or failure could cause harm to a patient.
9. Booking Page
- A Practice may enable a public Booking Page. It is disabled by default and may be disabled at any time.
- While the Booking Page is enabled, any person with its link can view available appointment times and book one by providing a name and telephone number. Details of other patients are never shown on the Booking Page.
- You are responsible for publishing the link, reviewing bookings made through it, and communicating with patients about them. We take reasonable measures to limit misuse, but we do not guarantee that every booking is genuine or accurate.
10. Acceptable use
- You must not, and must ensure that your staff do not:
- use the Service for any unlawful purpose, or to store information that you are not entitled to hold;
- attempt to gain access to the data of another practice, or probe, scan, test or overload the Service;
- copy, modify, reverse engineer, sublicense or resell the Service, or use it to build a competing product, except to the extent that the law permits;
- introduce malicious code into the Service; or
- disclose the sign-in details to any person outside the Practice.
- We may suspend an Account that breaches clause 10.1. We will give our reasons, unless the law prohibits it or doing so would create a risk to others.
11. Availability, support and changes
- We use reasonable efforts to keep the Service available. The Service depends on the internet, your devices and third-party providers, and may be slow or unavailable from time to time, including for maintenance. We do not warrant that the Service will be uninterrupted or error-free.
- You should keep a means of viewing the day's appointments if the Service is unavailable, such as a printed daily list.
- Support is provided through our contact page, and we reply by email. Please do not include patient names, telephone numbers or other patient information in messages to us. Describe the problem without them, for example by giving the date and time of the appointment concerned. Email is not used to process Practice Data, as described in clause 6.4 of the Data Processing Agreement.
- We may add, change or remove features of the Service. We will give reasonable advance notice before removing a feature that is material to your use of the Service.
12. Intellectual property
- The Service, including its software, source code, design, text, graphics and logos, and the name Roomcall, is owned by us or our licensors and is protected by copyright, trade mark and other intellectual property laws. All rights not expressly granted in the Agreement are reserved.
- Subject to the Agreement and to payment of the Fees, we grant the Practice a non-exclusive, non-transferable and revocable licence to use the Service for its internal business purposes while the Account is active.
- You may not use our name, logo or trade marks without our prior written consent.
- If you provide suggestions or feedback about the Service, we may use them without restriction and without obligation to you.
13. Confidentiality
- Each party will keep confidential the non-public information of the other party that it receives under the Agreement, and will use it only for the purposes of the Agreement. This obligation does not apply to information that is or becomes public other than through the recipient's fault, that the recipient already lawfully held, or that the recipient is required by law to disclose.
- Practice Data is governed by clause 7 and the Data Processing Agreement.
14. Warranties and disclaimer
- Each party warrants that it has the authority to enter into the Agreement.
- Except as expressly stated in the Agreement, and to the extent permitted by law, the Service is provided "as is" and "as available", and we give no other warranties, whether express or implied, including any warranty that the Service is fit for a particular purpose.
15. Limitation of liability
- To the extent permitted by law, we are not liable for any indirect, special or consequential loss, or for any loss of profit, revenue, goodwill or data, including loss arising from a missed, duplicated or incorrect appointment.
- To the extent permitted by law, our total liability for all claims arising under or in connection with the Agreement in any 12-month period is limited to the Fees paid for the Service in the 12 months before the event giving rise to the claim, or R1 500 if no Fees were paid.
- Nothing in the Agreement limits or excludes liability for death or personal injury caused by our negligence, for fraud, gross negligence or wilful misconduct, or any other liability that cannot lawfully be limited or excluded, including under the CPA where it applies.
16. Indemnity
- You indemnify us against all claims, losses and reasonable legal costs arising from:
- Practice Data entered into the Service without the right to do so;
- your breach of the Agreement; or
- your breach of applicable law, including data protection law.
- Where you are a Consumer, clause 16.1 applies only to the extent permitted by the CPA.
17. Suspension and termination
- We may suspend or terminate the Account by written notice if:
- you commit a material or repeated breach of the Agreement and, where the breach can be remedied, fail to remedy it within 14 days after written notice;
- Fees remain unpaid for more than 30 days after their due date; or
- we are required to do so by law.
- We may discontinue the Service by giving at least 60 days' written notice. We will refund any Fees paid for the period after the Service is discontinued.
18. Consequences of termination
- The Account ends when it is cancelled under clause 6, when it is terminated under clause 17, or when a Trial ends without a Plan being selected.
- We retain Practice Data for 90 days after the Account ends, so that the Practice may reactivate the Account or download a copy under clause 6.4. We then permanently delete it, unless the law requires us to retain it for longer. Backup copies are overwritten within a further 30 days.
- Clauses 1, 7, 12, 13, 15, 16, 18, 21, 22 and 23 survive the end of the Agreement.
19. Force majeure
- Neither party is liable for any failure or delay in performing its obligations, other than an obligation to pay, to the extent that it is caused by events beyond its reasonable control, including failures of internet, telecommunications or electricity supply (including load-shedding), provided that the affected party notifies the other party as soon as reasonably possible.
20. Amendments
- We may amend these Terms. We will notify you by email at least 30 days before any amendment that materially affects you takes effect. If you do not accept the amendment, you may cancel under clause 6.2 before it takes effect. Continued use of the Service after that date constitutes acceptance of the amendment.
- The effective date and version shown at the top of this page identify the current version of these Terms.
21. Notices and domicilium
- We send notices to the email address associated with the Account. You must send notices to us through our contact page or by email to Roomcall2026@outlook.com. A notice sent by email is regarded as received on the first business day after it is sent, unless the contrary is proved.
- We choose the physical address stated in our Legal Notice as our domicilium citandi et executandi for the service of legal process.
22. Governing law and disputes
- The Agreement is governed by the law of the Republic of South Africa.
- The parties will attempt in good faith to resolve any dispute within 30 days after written notice of it. If the dispute is not resolved in that period, either party may refer it to a court of competent jurisdiction in South Africa. The parties consent to the jurisdiction of the Magistrates' Court under section 45 of the Magistrates' Courts Act 32 of 1944, even where the amount in dispute exceeds its ordinary jurisdiction.
- Nothing in this clause limits a Consumer's right to refer a complaint to any forum available under the CPA or the ECT Act.
23. General
- Entire agreement. The Agreement is the entire agreement between the parties about the Service and supersedes any prior understanding.
- Variation. Except as provided in clause 20, no variation of the Agreement is effective unless it is in writing and agreed by both parties.
- Severability. If any provision of the Agreement is found to be unenforceable, the remaining provisions continue in full force.
- No waiver. No relaxation or indulgence granted by a party waives any of its rights under the Agreement.
- Assignment. You may not cede or assign the Agreement without our prior written consent. We may cede or assign the Agreement to a successor to the business of Roomcall, and will notify you if we do.
- Electronic transactions. The parties agree that the Agreement may be concluded, and notices given, by electronic means, and that data messages have the same legal effect as written documents, in accordance with the ECT Act.