Terms of Service

Last Updated: 7 March 2023


By accessing and/or using this Website and related Services, you (the “User”) agree to these Terms and Conditions, which include our Privacy Policy (“Terms”). You should review our Privacy Policy and these Terms carefully and immediately cease using our Website and Services if you do not agree to these Terms. In these Terms, “&BAM”, “us”, “we” and “our” means ANDBAM (Pty) Ltd and “you”, “yourself” or “yours” means the User.

&BAM reserves the right to amend these Terms from time to time.

The updated Terms will become effective upon being uploaded to the Website. Your continued use of the Services after the updated Terms have been uploaded indicates your acceptance and agreement to be bound by them.

The most recent version of the Terms will supersede any prior agreements or arrangements we may have entered with you in respect of the Website or Services.

Capitalised words are defined in the Definitions Section at the end of this document.

Important Notice

These Terms contain clauses that appear in similar text and style to this clause and which -

may limit our risk or liability or that of a third party; and/or

may create risk or liability for you; and/or

may compel you to indemnify us or a third party; and/or

serves as an acknowledgement, by you, of a fact.

Your attention is drawn to these clauses because they are important and should be carefully noted.

If there is any clause in these Terms that you do not understand, it is your responsibility to ask &BAM to explain it to you before you continue using the Website and related Services.


&BAM owns and operates https://andbam.care, a men’s health website ("Website") which, among other things:

  • facilitates telemedicine consultations between healthcare practitioners (including HPCSA registered medical doctors) (“Doctors”) and patients for the treatment of certain men’s health conditions;
  • facilitates the sale of products (both compounded pharmaceutical products from a registered partner pharmacy and non-pharmaceutical products manufactured by &BAM), which are utilised to treat and/or support the treatment process of these conditions ("Products");
  • facilitates the regular delivery of the Products;
  • provides access to informative medical information; and
  • provides ongoing access to Doctors.

Collectively the “Services”.

The Services rendered by &BAM may be reviewed, updated, added to and/or removed by &BAM from time to time, meaning that the Services set out in these Terms are not exhaustive, and that the definitions contained herein will be varied from time to time to bring it in line with the current Services offered by &BAM.

Our Website Content and any communications you have with &BAM representatives (other than Doctors, Pharmacies or healthcare practitioners) is for informational purposes only and does not constitute medical advice.

You should always obtain medical advice from a qualified healthcare professional to ensure any medication or treatment is suitable and safe for you.

Our Services are not suitable for emergency or urgent medical care. If you require immediate medical attention, please contact your local emergency services or go to the nearest emergency room.


User restrictions

To make orders through the Website and otherwise use our Services, you must:

  1. be 18 years or older;
  2. be resident in South Africa;
  3. be capable of entering a legally binding agreement with &BAM;
  4. agree to the Terms; and
  5. not register or complete any submission on behalf of anyone other than yourself.

By using the Website and/or our Services, you represent and warrant that you meet these eligibility requirements.

Any and all Services that you acquire through &BAM and the attending Doctor shall be solely for your personal use.


Your &BAM Account

To register as a User, you must provide your email address or phone number, and unique password (“Credentials”), and provide certain information and personal details to us.

You may only possess one (1) &BAM Account.

You must use your own Credentials to access the Website and utilise the Services under your &BAM Account.

You agree and warrant that your Credentials shall:

  • be used for your own personal use only; and
  • not be disclosed by you to any third party.

You are responsible for maintaining the confidentiality of your &BAM Account and Credentials, and for all activities that occur under your &BAM Account.

You agree to notify us and your relevant Doctor immediately upon becoming aware of or reasonably suspecting any unauthorized access or use of your Credentials or &BAM Account.

&BAM and any Doctor, healthcare practitioner and Pharmacy will not be liable for any loss or damage arising from your failure to comply with this section.


Telehealth consultations

Telehealth consultations are conducted by Doctors who may provide medical advice, diagnoses and/or treatment for certain men’s health conditions.

Doctors may, in their sole and absolute discretion, accept or decline a request for a telehealth consultation for any reason whatsoever.


Medico-Legal Relationship with attending Doctor

The medico-legal relationship, if any, created by the Doctor phoning or texting you upon your request, or in response to your medical form submission or payment for a consultation, is by and between you and the attending Doctor.

&BAM is not responsible or liable for the actions or inactions of a Doctor in relation to your activities under such relationship.

It is also your responsibility to inform your existing doctor of any medicines the Doctors prescribe for you.



The Doctors delivering healthcare services through the &BAM telehealth platform are independent professionals who practice within independently owned professional practices. Andbam (Pty) Ltd does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by such Doctors. Each Doctor is solely responsible for their services and for complying with the requirements that apply to their profession and license.

You will be serviced by Doctors registered to practice in South Africa, including but not limited to:

  • Dr Nick Sokolsky (MP0838799)
  • Dr Nicholas Brits


Personal Information for telehealth consultations

To book and participate in telehealth consultation via the Website, you need to provide us with personal information such as your name, phone number, email address.

To fulfil our obligation to facilitate the booking of the consultation, we may contact you by email or phone if and when the need arises using the email address and phone number you provide when creating your &BAM account.

We also allow you to voluntarily provide us and the servicing Doctor with additional personal information such as your sex, date of birth and medical history. Providing this information beforehand helps the Doctor to:

  • act in your interests by allowing them to make a more accurate diagnosis and provide appropriate treatment;
  • understand your current condition better and identify any underlying health issues that may need to be addressed; and
  • decide whether telehealth is an appropriate mode of treatment for you or whether an in-person consultation is necessary.

Overall, providing this additional information before a telehealth consultation can improve the quality of care provided by the Doctor and ultimately benefit you.

You agree and warrant that all information offered, proffered, provided, discussed with and/or communicated to any &BAM staff member, Doctor, or healthcare practitioner whilst making use of a selected service will be absolutely true and correct in every respect (to the best of your knowledge) and that you will not purposefully omit to provide any information that could reasonably be judged to be potentially relevant to the Doctors and healthcare practitioners in conducting their consultations. You hereby acknowledge the importance of the information you provide and the serious consequences as a result of not providing accurate information.

The &BAM Services are provided in good faith based upon the information given by you during the online form submission, phone call and/or or text message to the Doctor. To ensure the best possible treatment, it is important that you disclose all relevant information regarding your current health and past medical history to the attending Doctor. This includes any details that may seem trivial but could have a bearing on the Services provided. It is also your responsibility to update this information, so it is current, complete, and accurate.

The Doctors and healthcare practitioners will make notes of their consultation with you, and are responsible for maintaining your records as required by law.

Based on your consent, &BAM may from time to time hold and/or access copies of your online medical form submissions, extracts from the notes made by the Doctors or healthcare practitioners, and scripts written by the Doctors and processed by the Pharmacies.


Changes in Health Condition or side effects

You are solely responsible for all information and/or communication given during the online form submission, telephone conversation, text message or other communication with a Doctor.

You undertake to contact your doctor immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency Services immediately.

You agree that if you suffer from any noticeable side-effects, you will contact &BAM to facilitate a further consultation with a Doctor or healthcare practitioner.


Liability and responsibility for consultation content and conduct of Doctors and Pharmacies

The Doctors and Pharmacies assume the same level of personal responsibility for you during online consultations as they would during in-person visits.

&BAM does not guarantee that an online consultation is the appropriate course of treatment for your particular health care problem. This assessment will be made by the Doctor. If a Doctor recommends further clinical examination, you agree to seek out the recommended treatment.

&BAM disclaims all responsibility and makes no warranties, whether express or implied, for any content exchanged during consultation between you and a Doctor or Pharmacy, including but not limited to, medical history, symptoms, diagnosis, and treatment plans. You and the respective Doctor or Pharmacy involved are solely responsible for the conduct of the consultation, including all information or communications made.


Cost of telehealth

The cost of a telehealth consult on the &BAM platform is as indicated on the online booking submission on the website. &BAM reserves the right to change the price at any time.

&BAM also reserves the right to request a 100% non-refundable deposit from you on behalf of the servicing Doctor, before confirming your appointment. The Doctor’s consultation fee is immediately due and payable after the completion of the consultation.


Cancellations and “no-shows” to telehealth consultations

We have a 48-hour cancellation policy. You may cancel or change your appointment at no charge and at any time as long as you give us 48 hours’ notice by email or phone.

It is your responsibility to remember your appointments and notify us promptly of any cancellations if you are unable to attend.

If you cancel or change your appointment within 48 hours of your appointment time, you will be charged a cancellation fee of 100% of the total fee. We will allocate your deposit to this cancellation fee on behalf of the servicing Doctor without further notice to you.

Appointments will start promptly at the booking time. If you are running late to a scheduled appointment, please call or email us. Our practitioners will wait 10 minutes from the scheduled start time before cancelling your appointment. After 10 minutes, the appointment will be cancelled and charged as a “no show”.

A “no-show” means any appointment where you do not sign-in within the first 10 minutes of the scheduled session.

No-shows will be charged the full appointment fee. We may, at our sole discretion, provide flexibility for emergency situations.

Our telehealth consult cancellation policy is not a punitive measure, but rather a necessary policy to allow the Doctors to fulfil appointments and run an effective practice. Cancellations on less than 48 hours’ notice undermines their ability to do so as it results in lost time and resources.


Consent to telehealth

By completing a medical submission and clicking to accept these Terms, you are providing informed consent to receive telehealth services provided by a Doctor through &BAM as a telehealth platform provider.

Telehealth services involve the delivery of healthcare using electronic communications, technology or other means between you and the Doctor who are not in the same physical location. The services may include clinical assessments, prescriptions, prescription refills, appointments, diagnosis, treatment, follow-up and/or patient education.

These services may include (without limitation):

  • electronic transmission of medical records, photo images, personal health information, or other data between you and a Doctor;
  • interactions between you and a Doctor may take place through audio, video, messaging, and email communications, as determined to be appropriate by the Doctor; and
  • use of device data, sound and audio files.

You may have other options for medical care, such as in-person services, and you are free to choose an alternative at any time. We recommend that you discuss alternative options with your healthcare practitioner to determine the best course of action for your situation.

Telehealth services may have the following benefits: convenient access to medical care or other Services, treatment at times that are convenient for you; and interaction with Doctor(s) or healthcare practitioner(s) without the necessity of an in-office appointment.

You understand and agree that the servicing Doctor will decide whether or not your condition is appropriate for a telehealth consultation.

Additionally, you acknowledge that &BAM provides access to healthcare services through its telehealth platform, which may include Doctors who have an affiliation with &BAM. &BAM is not responsible for any medical advice or treatment provided by any affiliated Doctors. Each Doctor using the platform is responsible for disclosing to you the existence and extent of any affiliation with &BAM and any other relevant parties, as required by applicable laws and professional codes.



Telehealth can provide potential benefits, but there are also potential risks associated with its use. These risks include (without limitation) the possibility that the quality, accuracy or effectiveness of the services you receive from your Doctor may be limited without a physical examination.

Although unlikely, there are confidentiality risks inherent to the use of telehealth technologies including a possible breach of confidentiality (which we will notify you of) during electronic collection, transmission or storage of data by &BAM, a Doctor or third-party recipient’s system.

You understand and accept the above possibilities as inherent risks to your use of telehealth services.

Your use of the Services is at your sole risk, and you assume full responsibility for all associated risks. All information or Services provided through the &BAM platform are provided without any warranty of any kind, express or implied. To the fullest extent permissible under South African law or any other law, &BAM and the attending Doctor, their shareholders, partners, affiliates, directors, officers, managers, employees, advisers and/or other representatives hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of fitness for a particular purpose and warrantied to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Services and/or the Products provided.


Orders and Purchases

You may purchase Products or Services by means of one or more subscription plans available on our Website.

When you place orders for Products or Services, &BAM or the Doctor / Pharmacy may accept or reject such order(s).

Whether or not &BAM or the Doctor / Pharmacy accepts an order may depend on the availability of the Services or Products, correctness of the information relating to the Services or Products (including without limitation the price) and receipt of payment or payment authorisation by &BAM for the Services or Products.


Medical Subscription

Sale of medicines by our partnering Pharmacy

The sale of prescription-only medicines (“Prescription Products”) will be between you and our partner pharmacy (“the Pharmacy”).

&BAM is not a pharmacy and therefore does not dispense any Prescription Products. You can fulfil your script through a pharmacy of your choice. In cases where you prefer to use a pharmacy that is a partner of &BAM, &BAM will only facilitate the purchase and payment process.

&BAM reserves the right to reject and not fulfil any order for any reason whatsoever. If we are unable to accept your order, we will let you know.


Purchase of Prescription Products

To purchase a Prescription Product from the Pharmacy, you must first complete a consultation with one of the Doctors.

The Doctor will determine whether the Prescription Product is appropriate for you and will write a prescription. You will not be able to obtain a Prescription Product without a valid prescription.


Subscription Plans

Once your order is approved, you may purchase and pay for the Prescription Product by means of one or more subscription plans available on our Website. By completing the checkout process, you agree to be charged the subscription price for the selected plan(s).


Automatic Renewal and Cancellation of Subscriptions

All subscriptions for Prescription Products purchased through the Website will automatically renew at the end of their respective subscription periods, unless you cancel your subscription in writing at least seven (7) business days before the next billing date or subsequent subscription period.

To cancel your subscription, please email: hello@andbam.care


Subscription Price

Your Subscription Price is made up of the following:

  • Third-Party Payments; and
  • &BAM’s Fee.  

Our Website refers to the aggregate of your Third-Party Payments and &BAM’s Fee as your “Subscription Price” (in other words, the displayed price is the Subscription Price which is made up of these two components).

Third-Party Payments

As part of the Services we provide, we collect and pass on payments directly to healthcare practitioners and Pharmacies on your behalf (“Third-Party Payments”). These Third-Party Payments represent amounts you owe to the practitioner and Pharmacy for their services and Products, respectively. For example, we collect and pass on payments to:

  • Doctors or other healthcare practitioners, as a service we provide to the practitioner, where they use the &BAM telehealth platform to provide telehealth services directly to their patients (e.g., consultation fees); and
  • Pharmacies, as a service we provide to you (e.g., dispensing fees).

You acknowledge and agree that Third-Party Payments are not our own fees or charges, but rather amounts that we collect, pass on and process between you and the practitioner or Pharmacy as a convenience to you.

&BAM’s Fee

The remaining balance of your Subscription Price is &BAM’s Fee. This is a membership fee which covers everything else &BAM offers within your subscription plan less any additional costs of sale or professional fees (as may be applicable) absorbed by &BAM. For example, this may include:

  • access to telehealth consultations with and advice from Doctors and other healthcare practitioners;
  • delivery and handling charges in connection with purchased Products;
  • access to online health resources and educational materials;
  • payment processing fees and charges;
  • administration costs in managing your requests and providing our Services to you; and
  • discounts on certain non-prescription related products.


Billing and price changes

You will be charged the Subscription Price at the time a checkout is completed.

The Subscription Price for Prescription Products is determined after:

  • the Doctor has indicated what medication (if any) is to be prescribed; and
  • the Pharmacy has confirmed the dispensing fee for such medication.

This is so the actual cost of that medication can be incorporated as a Third-Party Payment under the Subscription Price.

All subsequent charges will occur on a monthly or 3-monthly basis, depending on your chosen subscription plan, unless you cancel your subscription in accordance with these Terms (Automatic Renewal and Cancellation of Subscriptions).

All charges and prices as shown on our Website are in South African Rand and inclusive of Value Added Tax, where applicable.

We may, upon written notice to you, increase the Subscription Price for your subscription, which will only take effect the next time your subscription is renewed.


Non-Medical Subscriptions

Sale of non-medical Products by &BAM

The sale of non-medical and non-prescription Products will be between you and &BAM.

&BAM reserves the right to reject and not fulfil any order for any reason whatsoever, without incurring any liability to you or any third party. If we are unable to accept your order, we will let you know.


Subscription Plans

Once your order is approved, you may purchase and pay for the Product by means of one or more subscription plans available on our Website. By completing the checkout process, you agree to be charged the Subscription Price for the selected plan(s).


Automatic Renewal and Cancellation of Subscriptions

All subscriptions for Products purchased through the Website will automatically renew at the end of their respective subscription periods, unless you cancel your subscription in writing at least three (3) business days before the next billing date or subsequent subscription period.

To cancel your subscription, please email hello@andbam.care


Subscription price, billing and price changes

All charges and prices as shown on our Website are in South African Rand and inclusive of Value Added Tax, where applicable. For subscription purchases, the Subscription Price includes delivery charges.

We may, upon written notice to you, increase the Subscription Price for your subscription, which will only take effect the next time your subscription is renewed


Once-off Purchases and Orders

If you purchase a Product which is a non-medical and non-prescription product that is manufactured by &BAM (or its affiliates/partners), an online consultation is not necessary, and you will be charged for the Product upon placing your order and completing the checkout process on the Website.


Payment authorisation

You expressly authorise &BAM and our payment processors or intermediaries to process your payments for any:

  • Subscription Price payable at the time of checkout and subsequently thereafter in accordance with your subscription plan, and
  • once-off purchases (whichever is applicable),

which are due and payable via your relevant payment method.


Appointment of &BAM as Agent to collect and deliver Prescription Products

You hereby consent to and appoint &BAM as your agent to:

  • collect on your behalf and deliver to you all Prescription Products you purchase from the Pharmacy via the Website;
  • accept information (such as leaflets and instructions) pertaining to your use of the Prescription Products as supplied by the Doctor or Pharmacy, and to deliver such information to you.

&BAM will ensure all Prescription Products are transported in a way that is secure and limits access to them, prevents contamination and ensures the integrity of the Product. During collection and delivery of the Product to you, &BAM will maintain your confidentiality in respect of the Product and any information included therewith by the Doctor or Pharmacy.

You acknowledge that &BAM is acting as your agent for the limited purpose of collecting and delivering the Prescription Products and the information related thereto, and that &BAM is not responsible for any medical advice or treatment provided to you.

You agree to indemnify and hold &BAM harmless from any and all claims, damages, losses, or expenses arising out of or related to &BAM’s performance of its duties as your agent, except to the extent caused by &BAM's gross negligence or wilful misconduct.

This appointment of agent shall remain in effect until revoked by you in writing, by emailing us using our Contact Us details below.


Follow-up interactions and Required Actions for Ongoing Treatment

You understand that a Doctor may provide you with an ongoing or long-term treatment plan.

As a result, the servicing Doctor may, at their sole and professional discretion, require you attend follow-up consultations or interactions with them (“Required Actions”).

The timing and frequency of the Required Action(s) shall be determined by the servicing Doctor.

The Required Action may be conducted through various means, including but not limited to a consultation, phone call, email, SMS or WhatsApp communication.

In the event you fail to complete one or more Required Actions:

  • this will affect the validity of your prescription as issued by the Doctor; and
  • the Pharmacy will be unable to process your order;
  • &BAM will be unable to facilitate the collection and delivery of your order.

As a result, if you fail to complete one or more Required Actions, &BAM reserves the right to cease shipping orders to you until you complete the Required Action(s).


Availability of stock and/or services

You acknowledge that stock of all Products and availability of all Services on offer is limited and that pricing may change at any time without notice to you. In the case of Products or Services sold by &BAM, we will take all reasonable efforts to monitor stock levels as well as service availability and ensure that when stock or a Service is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock or Services. When Products or Services are no longer available after you have placed an order, &BAM will notify you and you will be entitled to a refund of any amount already paid by you for such Products or Services.


Refunds for a Subscription Price or once-off payment (or part thereof), will only be issued under the following circumstances, subject to any additional rights you may have in law (including under the CPA):

  • a Doctor or healthcare practitioner declines a request for consultation;
  • a Doctor or Pharmacy declines a request for Prescription Products;
  • an &BAM money back guarantee specifically applies;
  • an item you have ordered is out of stock; or
  • a product or pricing error is identified.

If &BAM, a healthcare practitioner, or a Pharmacy is unable to provide any Products or Services that are covered by your subscription plan, the refund you receive will be proportional to the portion of your total Subscription Price that is attributable to those specific Products or Services.


Medical Aid benefits not claimable

At present, Medical Aid benefits are not claimable for any of the Products or Services. For example, you cannot claim from your Medical Aid the cost of any consultations or Products purchased through the Website or our Services.



You hereby specifically represent and warrant to and in favour of &BAM that all information offered, proffered, provided, discussed with and/or communicated to any Doctor or healthcare practitioner whilst making use of a selected service will be absolutely true and correct in every respect and regard and hereby acknowledge the importance as to the serious consequences if such information is not as represented and warranted.

You also represent and warrant to and in favour of &BAM that you:

  • understand the financial commitments in subscribing for the service;
  • will at all material times be in a financial position to meet your obligations under this Agreement;
  • are authorised to use such mobile or other electronic device or payment card to make payment, as the case may be, and that there are sufficient funds available to pay for the order.


Disclaimer of warranties

&BAM makes no warranty or representation, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. &BAM does not warrant that the Website or its Services will be uninterrupted or error-free, that any software or mobile application used to provide the Services is virus or error-free, or that the Products and Services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third-party rights, be secure and reliable, or will conform to its delivery timeline requirements.

&BAM makes no warranty or representation that you will be able to have access to or continue to have access to any component of a selected Service, or that such access will be continuous or uninterrupted.

We do not make or imply any warranties or representations as to the safety, effectiveness, adequacy, accuracy, availability, or legality of any of the information contained on the Website or the services offered by any healthcare practitioner or Pharmacy in connection with the Services.


&BAM will however use its reasonable endeavours to make its Website, Services and Products available to you and to maintain the availability thereof on the understanding that such Services
are provided on an “as is” and “as available” basis.

&BAM and the attending Doctor or healthcare practitioner, and Pharmacy:

  • make no warranty as to the Content of any information and/or response; and
  • do not guarantee that a conversation with a Doctor or Pharmacist via the telephone and/or text message is the appropriate course of action for your healthcare problem.



To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless &BAM, our affiliates, suppliers, and licensors, and the attending Doctors (and our and their respective employees, contractors, agents, officers, and directors) from and against and all Loss, arising out of or in connection with:

  • your access to or use of the Website, Products or Services;
  • your violation of any aspect of these Terms, including your breach of any of your representations and warranties;
  • your relationship with &BAM and the attending Doctor or Pharmacy;
  • any negligent action or omission by you related to your use of Services through &BAM, or any negligent or wrongful use of the Services, including negligent or wrongful conduct by you or any other person acting on your behalf;
  • your wilful misconduct;
  • your violation of any third-party right, including any right of privacy or intellectual property rights;
  • content of your photo images or online form submissions, including without limitation any misleading, false, or inaccurate information in such images or submissions; or
  • any third party’s access to or use of the Website or Services with your Credentials.


No Liability

&BAM, in the absence of its gross negligence or wilful misconduct will not be liable to any person for the Content of and/or the use of materials or Products constituting the selected Service whether provided by &BAM or a third party.

To the extent permitted by law, in no event shall &BAM be liable for any indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

To the extent permitted by applicable law, &BAM disclaims any liability resulting from the provision of Services by third party providers, such as the Doctors and healthcare practitioners or Pharmacies. Liability shall rest with the appropriate third-party provider and shall not under any circumstance be deemed to rest with &BAM. All Doctors, healthcare practitioners and Pharmacies are solely responsible for your medical care in so far as this is discussed in a consultation.


Without limiting the application of the exclusions and limitations set out in this section, to the extent permitted by applicable law, under no circumstances will &BAM be liable to you for, among others, any Loss, including but not limited to the following (whether such losses were foreseen, reasonably foreseeable, known or otherwise):

  • loss of emotional well-being;
  • loss of data;
  • loss of revenue or anticipated profits;
  • loss of business;
  • loss of opportunity;
  • loss of goodwill or injury to reputation;
  • losses suffered by third parties; or
  • any indirect, consequential, special or exemplary damages arising from the use of the &BAM service regardless of the form of action.


Waiver of liability and Release of Claims

&BAM shall not be responsible or liable, directly, or indirectly, for any damage or Loss caused, or alleged to be caused, by or in connection with, use of or reliance on, any information, Services available on or through &BAM and/or all those associated and/or affiliated with it, including the attending Doctors or Pharmacies.

By using the Services provided by &BAM, you agree to waive any and all rights, claims, costs, damages, and expenses (including but not limited to the right to bring any claim, action, proceeding or demand) for yourself and your family members (including but not limited to that of your estate, and any beneficiary thereunder) against &BAM and its affiliates, and any attending Doctors or Pharmacies, arising from and/or suffered by you and your family member as a result or consequence of the use of the Products or Services, or any other reason whatsoever.

Force Majeure

If &BAM is unable to perform any obligation under these Terms due to the occurrence of a ‘Force Majeure’ event, &BAM will be absolved from performing that obligation for as long as the circumstances prevail or, if performance of the obligation is or becomes impossible, &BAM will be entitled to terminate its agreement with you under these Terms on reasonable written notice to you.

Any delay or failure in the performance by &BAM hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure event.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all Intellectual Property rights in this Website and in all of the Content.

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content subject to these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Website or the Content is prohibited and may result any penalties applicable by law. In addition, you must not copy the Content to any other server or location, and support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

Data charges

You are responsible for all carrier data plans and internet usage fees associated with your use of the Website and/or Services.

Your privacy

We will handle all personal information we collect in accordance with our User Consent to Process Health Dataread with our Privacy Policy, and Applicable Data Protection Laws.

However, it doesn't cover how the Doctors or Pharmacies may use this information, which is outlined in their own privacy statements which are not subject to our control.

Choice of law and Jurisdiction

Your use of the Website, Products and Services, and these Terms are governed by and construed under the laws of South Africa.

Without prejudice to the Arbitration clause below, the you hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these Terms.


Any dispute arising from or in connection with these Terms must be referred to and finally resolved by arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.

The seat of arbitration shall be Johannesburg, South Africa, and the arbitration proceedings shall be conducted in English.

Entire Agreement

These Terms, together with any amendments and any additional written (including electronic) agreements you may enter with us in connection with the Services, will constitute the entire agreement between you and us concerning the Services.

None of our employees or representatives are authorised to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply.


If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of South Africa in which these Terms are intended to be effective, then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from the agreement and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No Representations

No Party shall be entitled to rely on any representation or understanding or undertaking or commitment or anything whatsoever which is claimed to have induced such Party into concluding these Terms unless such representation or understanding or undertaking or commitment or such other things is recorded in these Terms.

Cession, Assignment and Substitution

These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.


Our Website

Termination and restriction of your access to the Website

We reserve the right to restrict, suspend or terminate your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

No Commercial Use

We only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Website Content

The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the South African Consumer Protection Act, No 68 of 2008, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms) that may interfere with or damage the operations of your computer systems.

We may, from time to time and upon notice to you, change or add to the Website (including the Terms) or the information, Products or Services described in it. However, we do not undertake to keep the Website updated. To the extent permitted by law, we are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

Website Cookies

A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience this Website. This information will help to better adapt this Website to suit personal requirements. &BAM may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a User’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Website.

While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

Third Party Links

Our Website may contain links to Websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the Content on those linked Websites and have no control over or rights in those linked Websites. 


Legal Notices

&BAM selects the below address as its address for the service of all formal notices and legal processes in connection with these Terms (“legal address”). &BAM may change this address from time to time by updating these Terms.

You hereby select your email address and shipping address specified in your &BAM Account as your legal address, but you may change it to any other physical address by giving us not less than 7 days’ notice in writing.

Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent -

  • by hand will be deemed to have been received on the date of delivery;
  • by prepaid registered post, will be deemed to have been received 14 days after the date of posting;
  • if transmitted by email be deemed to have been received by the addressee on the business day following the date of dispatch.

Company Name:

Andbam (Pty) Ltd

Registration Number:


Physical Address for receipt of legal service

Block B, 99 Conrad, 99 Conrad Drive, Blairgowrie, Johannesburg, Gauteng, 2194, South Africa

Telephone Number

074 291 4819

Email Address



Contact us 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at hello@andbam.care or by mail using the details provided below: 

Attention: &BAM

Re: David De Villiers

Block B, 99 Conrad, 99 Conrad Drive, Blairgowrie, Johannesburg, Gauteng, 2194, South Africa


Applicable Data Protection Laws

means all laws relating to data protection, the processing of Personal Information, privacy and/or electronic communications in force from time to time in South Africa, including the Protection of Personal Information Act 3 of 2014, Promotion of Access to Information Act 2 of 2000, National Health Act, 2003, the Electronic Communications and Transactions Act 25 of 2002, and the regulations issued thereunder.


all of the material (including all text, graphics, logos, audio and software) made available on this Website


Consumer Protection Act, No 68 of 2008.


any computer, tablet, smartphone, or other device the User uses to access the Website or Services.

Force Majeure event

any event or circumstances beyond the control of &BAM provided such circumstances are not caused by fault, of any degree, on the part of &BAM and shall include fire, explosion, power blackout, earthquake, flood, severe storms, strike, riot, civil disturbance, embargo, labour disputes, acts of civil or military authority, war, terrorism (including cyberterrorism or cybercrimes), acts of God, acts or omissions of internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of or material change in the law applicable) that materially affect &BAM’s performance under these Terms.


Health Professions Council of South Africa.

“Intellectual Property”

includes trademarks, copyrights, trade secrets, designs, inventions, source codes, databases, functionality, software, and other proprietary information associated with the Website, Products and Services whether registrable, registered or the subject matter of an application for registration or not, anywhere in the world.


any and all damages (including, without limitation, direct, consequential, economic, exemplary, future, incidental, indirect, non-economic, past, special and punitive damages) sanctions, settlement payments, disbursements, judgements, liability, losses (including, without limitation, loss of income or profit, physical loss or injury, loss of emotional wellbeing, loss of data, or intangible loss), penalties, costs or expenses of any nature whatsoever, whether accrued or absolute, contingent or otherwise, including, without limitation, medical fees and costs, and attorneys’ fees and costs (whether or not suit is brought).

Medical Aid

any regulated medical insurance product or scheme offered by registered medical aid schemes in South Africa, which provides individuals with access to private healthcare services, including hospitalisation, prescribed medication, and medical procedures, subject to the terms and conditions of the medical aid scheme.

Personal Information

‘personal information’ as defined in Applicable Data Protection Laws.


pharmacies registered on the Website or contracted with &BAM to use the Website, alternatively a pharmacy of your choice.

&BAM Account

the account and profile the User creates when signing-up on the Website.

User” or “You

any individual who uses or accesses the Website and/or related Services.

Website Content

includes all information, data, text, images, videos, and other materials provided, which may also include educational materials, articles, blog posts, research studies, and resources.

Terms of Service