Terms of Use

My Doctors Room is provided by Bluebase Dev Agency ("we", "us", "our"). These terms are an agreement between us and the medical practice that signs up for My Doctors Room (the "Practice"), and they also apply to every person the Practice gives access to — doctors, nurses, reception and administrative staff ("Authorised Users").

The person who creates a Practice confirms that they are authorised to accept these terms on the Practice's behalf. If you do not agree, do not create an account or use My Doctors Room.

My Doctors Room is administrative software for doctors' rooms. It helps a Practice manage appointments, patient demographic and medical aid details, clinical notes, documents, consent records, invoices and an online booking page. Features available to a Practice depend on its plan.

My Doctors Room is a record-keeping and administration tool. It does not diagnose, treat or give medical advice, and it is not a substitute for professional judgement — see our Disclaimer. We may improve, change or retire features over time; if a change materially reduces what your plan includes, we will tell you in advance.

• Each Authorised User must have their own account. Logins may not be shared.
• The Practice owner decides who gets access and which role they have (owner, doctor, nurse or reception), and must remove access promptly when someone leaves.
• Keep passwords confidential and tell us immediately at the contact details below if you suspect unauthorised access.
• The Practice is responsible for everything done under its Authorised Users' accounts.

The Practice remains responsible for its patients and its records. In particular it must:

• have a lawful basis, including any consent required, to capture and use each patient's personal and health information in My Doctors Room, and give patients the notices required by the Protection of Personal Information Act, 2013 ("POPIA");
• keep patient information confidential as required by section 14 of the National Health Act, 2003, and follow the Health Professions Council of South Africa's (HPCSA) ethical rules and its guidelines on keeping patient records (Booklet 9);
• obtain consent correctly for children: under section 129 of the Children's Act, 2005, a child over 12 of sufficient maturity may consent to their own medical treatment; otherwise a parent, guardian or care-giver consents;
• ensure that the information captured is accurate and complete, including clinical notes, ICD-10 and tariff codes, invoices and medical aid claims;
• make all clinical decisions through its own registered practitioners; and
• retain patient records for as long as South African law and the HPCSA require — currently at least six years after a record becomes dormant, until a minor patient's 21st birthday, and for the lifetime of a mentally incompetent patient — including after it stops using My Doctors Room (see section 12).

You may not, and may not allow anyone else to:

• use My Doctors Room for anything unlawful, or to store information you are not entitled to hold;
• attempt to access another practice's data, bypass access controls, or probe, scan or test the security of My Doctors Room without our written permission;
• upload malicious code or interfere with the platform's operation;
• copy, modify, reverse engineer, resell or create derivative works of My Doctors Room, or scrape it with automated tools; or
• use My Doctors Room to handle medical emergencies.

Information about patients that a Practice captures in My Doctors Room ("Practice Data") belongs to the Practice. For POPIA purposes the Practice is the responsible party and Bluebase Dev Agency acts as its operator. As operator we will:

• process Practice Data only to provide My Doctors Room and on the Practice's instructions;
• treat Practice Data as confidential and not disclose it unless the law requires it;
• maintain appropriate technical and organisational security measures, including role-based access enforced in the database and an audit trail of access and changes;
• notify the Practice without undue delay if we believe Practice Data has been accessed or acquired by an unauthorised person; and
• not sell Practice Data or use it for advertising.

My Doctors Room is hosted with reputable cloud providers whose servers are located outside South Africa (currently the United Kingdom). Our Privacy Policy explains how we handle personal information, the service providers we use and the safeguards for cross-border transfers.

Fees, if any, are those of the plan or quotation agreed with the Practice, stated in South African rand and, where applicable, including VAT. We will give at least 30 days' notice of any change to fees. If a Practice does not pay amounts due, we may limit the account to read-only access or suspend it after giving notice.

My Doctors Room — including its software, source code, databases (excluding Practice Data), design, the My Doctors Room name, the logo and all related intellectual property — is and remains the property of Bluebase Dev Agency. Nothing in these terms transfers ownership to the Practice or any user.

We grant the Practice a limited, non-exclusive, non-transferable right to use My Doctors Room for its own practice administration while it complies with these terms. The Practice grants us the right to host and process Practice Data, and to display its name and logo inside its account and on its online booking page, only to provide the service. Suggestions you send us may be used to improve My Doctors Room without obligation to you.

We work to keep My Doctors Room available and secure, but we cannot promise that it will be uninterrupted or error-free. We may need to carry out maintenance, and we will try to do so outside normal practice hours. Hosting providers may also experience outages beyond our control.

My Doctors Room is provided as administration software for professional use. To the extent the law allows:

• we are not liable for clinical, billing or coding decisions made by the Practice or its Authorised Users, or for losses arising from inaccurate information captured by them;
• we are not liable for indirect or consequential loss, including loss of profit, revenue or goodwill; and
• our total liability arising from My Doctors Room in any 12-month period is limited to the fees the Practice paid us for My Doctors Room in that period.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, gross negligence or any right a consumer has under the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002.

The Practice indemnifies Bluebase Dev Agency against claims by patients, regulators or third parties that arise from the Practice's unlawful processing of personal information, its clinical or billing decisions, or its breach of these terms.

• The Practice may stop using My Doctors Room and cancel at any time.
• We may suspend or end access if these terms are seriously breached, if fees remain unpaid after notice, or if needed to protect the security of My Doctors Room or other practices.
• Because the Practice must keep patient records for the periods the HPCSA requires, it must request an export of its Practice Data before or within 30 days after cancellation.
• After cancellation the Practice may ask us for an export of its Practice Data within 30 days. After that period we will delete Practice Data, except where the law requires us to retain it. Copies in our providers' backups are removed on their normal backup cycle.

My Doctors Room is offered in the Republic of South Africa. We and the Practice must each comply with the laws that apply to our roles, including:

• the Protection of Personal Information Act 4 of 2013 (POPIA) and its regulations;
• the Promotion of Access to Information Act 2 of 2000 (PAIA);
• the National Health Act 61 of 2003 and the Health Professions Act 56 of 1974;
• the Children's Act 38 of 2005, where patients are minors;
• the Medical Schemes Act 131 of 1998, for medical aid claims;
• the Electronic Communications and Transactions Act 25 of 2002 (ECTA);
• the Consumer Protection Act 68 of 2008, to the extent that it applies; and
• the Cybercrimes Act 19 of 2020.

Where these terms conflict with a law that cannot be contracted out of, the law applies.

We may update these terms. If a change is material we will notify Practice owners by email or in My Doctors Room at least 30 days before it takes effect. Continuing to use My Doctors Room after the effective date means the Practice accepts the updated terms.

We may send notices electronically, by email or in My Doctors Room, and such notices are valid under the Electronic Communications and Transactions Act, 2002. These terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction. Before going to court, both parties will try in good faith to resolve a dispute by discussion within 30 days of written notice.

In terms of section 43 of the Electronic Communications and Transactions Act, 2002:

Name

Bluebase Dev Agency

Legal status

[legal status (e.g. private company, (Pty) Ltd) — to be confirmed]

Registration number

[CIPC registration number — to be confirmed]

Physical address (for service of legal documents)

[physical address for service of legal documents — to be confirmed]

Email

[contact email — to be confirmed]

Telephone

[contact phone — to be confirmed]

Information officer (POPIA)

[information officer name — to be confirmed]

My Doctors Room is practice administration software offered to healthcare businesses. Fees and plan details are confirmed with each Practice before it is billed.