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Terms of Service

Last Updated: 09 July 2021

Terms and Conditions

Thank you for visiting our Website.

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 (Reg. No. 2020/755349/07) and “you”, “yourself” or “yours” means the User.

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

Introduction

&BAM owns and operates a men’s health website ("Website") which, inter alia, facilitates telemedicine consultations between healthcare practitioners (including HPCSA registered medical doctors (“Doctors”)) and patients for the treatment of certain men’s health conditions and further sells 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"). Furthermore, &BAM provides access to informative medical information; ongoing access to Doctor’s; and it facilitates the regular delivery of the Products, 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 the 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 or healthcare practitioners) does not constitute medical advice. You should always obtain medical advice from a Doctor or your regular doctor to ensure any particular medication or treatment is suitable and safe for you.

Access

To make orders through the &BAM Website, you must:

  1. be over 18 years old;
  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.

To utilise the &BAM Website, you will provide us with personal information such as your name, sex, email address, mobile telephone number, date of birth, medical history, and shipping address. This information will enable the Doctors and/or healthcare practitioners to conduct their consultations. It is your responsibility to update this information, so it is current, complete, and accurate. We will handle all personal information we collect in accordance with our Privacy Policy.

You consent for us to 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.

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

Disclosure and Accuracy of Information

You agree 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. As such, you are required to disclose all relevant information, no matter how trivial, pertaining to your current health and past medical history that may have a bearing on the Services to be so provided.

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

No Change in Health Condition

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.

Legal Basis

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.

Services

&BAM takes no responsibility and makes no warranties, express or implied, in relation to the Content of any consultation between you and the Doctors or healthcare practitioners. You and the Doctors or practitioners are responsible for the conduct of the consultation and all information or communications made.

The Doctors and healthcare practitioners take exactly the same personal responsibility for you as they would if they were seeing you in person. The Doctors and healthcare practitioners will make notes of their consultation with you, and it is their responsibility to hold and maintain your records as required by law. &BAM may from time to time hold copies of your online medical form submissions and notes made by the Doctors or healthcare practitioners (in accordance with our Privacy Policy).

&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 Doctors and healthcare practitioners. If a Doctor or healthcare practitioner recommends further clinical examination, you agree to seek out the recommended treatment. You also agree to contact your own 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.

&BAM is not a pharmacy and therefore does not dispense any medicines. 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 facilitate the sale and payment process.

Doctors

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

  • Dr Jonathan Witt
  • Dr Nick Sokolsky
  • Dr Nicholas Brits

Consent

In completing a medical submission and clicking to accept these Terms, you are providing informed consent for the “Services”.

Telehealth involves the delivery of healthcare Services using electronic communications, information technology or other means between a Doctor or healthcare practitioner and a patient who are not in the same physical location. Telehealth may be used for clinical assessments, prescriptions, prescription refills, appointment scheduling, diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between a patient and a healthcare practitioner; interactions between a patient and healthcare practitioner via audio, video and/or data communications (such as messaging or email communications); use of output data from medical devices, sound and video files. Alternative methods of care may be available to you, such as in-person Services, and you may choose an alternative at any time. Always discuss alternative options with your Doctor or healthcare practitioner.

The use of telehealth may have the following possible benefits: making it easier and more efficient for you to access medical care or other Services and treatment for the conditions treated by your Doctor(s) or healthcare practitioner(s); allowing you to obtain medical care or other Services and treatment by Doctor(s) or healthcare practitioner(s) at times that are convenient for you; and enabling you to interact with Doctor(s) or healthcare practitioner(s) without the necessity of an in-office appointment.

You agree that the servicing Doctor will decide whether or not the condition being diagnosed or treated is appropriate for a telemedicine consultation.

Furthermore, you acknowledge that any Doctor that engages with you in connection with the &BAM Services may have an affiliation with &BAM.

 

Cost of Telehealth

The cost of a telehealth consult on the &BAM platform will be R150. &BAM reserves the right to change the price at any time.

Risks

While the use of telehealth in the delivery of care can provide potential benefits for you, there are also potential risks associated with the use of telehealth and other technology. These risks include but may not be limited to the fact that the quality, accuracy or effectiveness of the Services you receive from your Doctor could be limited. You understand and accept that there is an inherent risk in not having a physical examination with a Doctor or healthcare practitioner. Your use of the Services is at your sole risk, and you assume full responsibility for all risks associated therewith. 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, 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. Without limiting the aforegoing, there is and shall be no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Services and/or the Products so provided.

Subscription Purchases and Orders

Consultations

The cost charged for a consultation with a Doctor is commensurate with market related consultation fees. No margin is applied to these charges.

Medical Subscription

If you purchase medicines or other Products from our Website, the Terms will apply to the sale of such medicines or Products. Please note that the contract for the sale of prescription only medicines will be between you and our partner pharmacy. The contract for sale of Products other than prescription only medicines will be between you and us. We reserve the right to reject any order. If we are unable to accept your order, we will let you know.

You will only be eligible to purchase certain prescription Products available through the &BAM platform once a valid prescription has been written by a Doctor. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Doctors, the Doctor has determined the prescription product is appropriate for you and the Doctor has written a prescription.

Once approved, you may purchase one or more subscriptions from the options available on our Website. All subscriptions automatically renew unless cancelled at least 3 business days before the next billing date or subsequent subscription period.

You will be charged the subscription price at the time a checkout is completed. The subscription fee is determined after a Doctor has indicated what (if any) medication is to be prescribed so the actual cost of that medication can be incorporated into the subscription fee. The cost of your subscription is made up of several components. The cost charged for pharmacy Products is commensurate with the actual pharmacy charges. The cost charged for a consultation with a Doctor is commensurate with market related consultation fees. No margin is applied to these charges. We retain the balance of the subscription fee as a membership fee less, as applicable, any further costs of sale or professional fees.  All subsequent charges will occur on a monthly or 3-monthly basis thereafter, as appropriate, unless you cancel your subscription, by giving us at least 3 business days' notice before your next billing date or subsequent subscription period.

Subject to any additional rights you may have at law (including under the South African Consumer Protection Act, No 68 of 2008), the subscription price will be refunded only if:

  • a Doctor or healthcare practitioner declines the request (the decision to approve or reject a request is at the Doctor or healthcare practitioner's absolute discretion);
  • any &BAM money back guarantee applies;
  • an item you have ordered is out of stock; or
  • a product or pricing error is identified.

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 prices shown on the Website also include all delivery charges. At present, Medical Aid benefits are not claimable for any &BAM service.

You expressly authorise &BAM to process the payment for the subscription price via your relevant payment method at the time a checkout is completed. We may, upon written notice to you, change the price for your current subscription, to take effect the next time you renew your subscription.

Non-Medical Subscriptions

If you purchase non-medical Products from our Website, the Terms will apply to the sale of such Products. Please note that the contract for the sale of non-medical products will be by and between you and us. We reserve the right to reject any order. If we are unable to accept your order, we will let you know.

All subscriptions automatically renew unless cancelled at least 3 business days before the next billing date or subsequent subscription period.

You will be charged the subscription price at the time a checkout is completed. All subsequent charges will occur on a monthly or 3-monthly basis thereafter, as appropriate, unless you cancel your subscription, by giving us at least 3 business days' notice before your next billing date or subsequent subscription period.

Subject to any additional rights you may have at law (including under the South African Consumer Protection Act, No 68 of 2008), the subscription price will be refunded only if:

  • any &BAM money back guarantee applies;
  • an item you have ordered is out of stock; or
  • a product or pricing error is identified.

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 prices shown on the Website also include all delivery charges.

You expressly authorise &BAM to process the payment for the subscription price via your relevant payment method at the time a checkout is completed. We may, upon written notice to you, change the price for your current subscription, to take effect the next time you renew your subscription.

Once-off Purchases and Orders

If you order a product which is a non-medical product that is manufactured by &BAM (or its affiliates/partners), an online consultation is not necessary, and you will be charged for the product on placing your order. You expressly authorise &BAM to process the payment for the purchase price via your relevant payment method at the time a checkout is completed. We may, upon written notice to you, change the price for your current order, to take effect the next time you purchase the Product.

Warranties

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.

Subject to any and/or all applicable laws, &BAM makes no warranty or representation,
whether expressly or implicitly:

  • about any component of a selected &BAM Service, or that you will be able to
    have access to or continue to have access to the Service or that such access will be
    continuous and/or uninterrupted; and/or
  • that the software used to provide the selected Service including any software applications,
    is virus or error-free, flawless or without fault; and/or
  • that the 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; and
  • &BAM will use its reasonable endeavors to make its 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, 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.

&BAM does not warrant that the Products and Services provided through the Website are fit for your intended purpose. All Products and Services provided through the Website are provided on an 'as is' basis without warranty of any kind, express or implied.

&BAM and the attending Doctor:

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

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.

Furthermore, you represent and warrant to and in favour of &BAM that you:

  • have carefully read the terms and conditions and each of the additional terms and conditions
    that may apply to the applicable selected &BAM Service;
  • are over the age of 18 (eighteen);
  • 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.

Indemnity

You indemnify, defend and hold harmless &BAM and the attending Doctor and their affiliates
from and against all losses, liability, expenses, damages and costs, including all attorney’s fees,
arising out of or related to any breach of the Terms, your relationship with &BAM and
the attending Doctor any negligent or wrongful 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.

Liability

To the extent permitted by law, in no event shall we 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. Liability shall rest with the appropriate third-party provider and shall not under any circumstance be deemed to rest with &BAM. All Doctors and healthcare practitioners are solely responsible for the 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 inter alia, any of the following losses or damage (whether such losses were foreseen, 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

&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. Accordingly, in consideration for the Services so provided, you hereby waive your or your family member’s (including but not limited to that of your and your minor child’s estate and/or any beneficiary thereunder) right to and actually bring any normal, reasonable and/or legally enforceable claim, action, proceeding, application and/or demand against &BAM and/or all those associated and/or affiliated with it, including the attending Doctors, for any and/or all claims, costs, damages and/or expenses or otherwise arising out of and/or suffered by you and/or your family member as a result or consequence of making use of these Services or otherwise.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (“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 on the Terms of Services set out herein 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

Our Privacy Policy, which also applies to your use of our Website, sets out the terms on which we process any personal data we collect from you, or that you provide to us. We will only use your personal information as set out in our privacy policy.

Jurisdiction

Your use of the Website and these Terms are governed by the laws of South Africa. To the extent &BAM does not have a presence and/or offering in your country, and you are not within South Africa, you are deemed to be within the South African borders and under the jurisdiction of the South African courts for any matter that may arise relating to &BAM.

No warranty

Severability

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.

Our Website

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.

 

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

17 Mount Stephens Crescent, Lyme Park, Sandton, Johannesburg, Gauteng, 2060, South Africa