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PathCare Version - 1.1.4
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TERMS AND CONDITIONS


If you agree to these terms and conditions, indicate your agreement by clicking on "Accept". If you do not agree to these terms, do not click "Accept" and do not use this application.


• By clicking on "Accept" you agree to these terms and conditions which may be amended by PathCare from time to time (subject to your right to cancel this service) and your use of this application and service will at all times be governed by it.

This application and service will allow you electronic access to pathology results of your own patients and will also allow you access to historical results on your patients when requested (and you warrant that you have obtained the patient's consent where necessary for this).

Due to the electronic nature of this access to your patient's results you should take extra precautions for the protection of the confidentiality of your patient's medical and personal information when using, transmitting or storing the information electronically, including but not limited as may be set out in these terms and conditions.

The medical or personal information of your patient you obtain from the access afforded to you in terms of this application belongs to the patient, must be treated as confidential information and may only be used by you as a medical practitioner in the medical diagnosis or treatment of your patients to whom the information pertains and for no other purpose whatsoever and may not be changed in any way. Without limiting this undertaking, you warrant that in the use of this application and the use and disclosure of the medical and personal information of your patient, you will comply with all applicable South African laws and regulations, including but not limited to privacy laws, confidentiality and any ethical duties you are bound to as well as any foreign laws that may apply should you reside there. The medical and personal information of your patient may therefore only be disclosed to such extent that the laws, regulations, ethical rules and rulings of the Health Professions Council of South Africa allows.

Due to existing and impending legislation on the protection of personal information, as well as the fact that you or Pathcare may not have control over the information on your Ipad you shall not retain the patient personal and medical information longer than is necessary and will destroy any such information should you no longer need it for purposes of diagnosis and treatment of the patient to whom it pertains. You shall also destroy such information should Pathcare request you to do so when you stop using this application or have a third party to whom you may disclose this medical and personal information sign a confidentiality agreement in favour of Pathcare, including but not limited to any of your employees, should Pathcare so request.

You warrant that you have adequate safeguards in your business and computer systems to prevent inappropriate and/or unauthorised use and/or disclosure of the information and will ensure the confidentiality of your login name and password and will not share it.

Some of the information you may obtain from this application and the service offered will belong to PathCare as a business (or any of its affiliated persons, legal or otherwise or directors or officers) including but not limited to any intellectual property rights of Pathcare or client lists. This information will at all times belong to Pathcare, shall be treated as confidential, may not be changed any way and may not be used or disclosed except to the extent as these terms and conditions may expressly provide or as Pathcare may consent to in writing.

• PathCare strives to ensure that the contents of this access and information provided are correct and complete, but to verify the information please call PathCare in the event of any doubt. In the event of a conflict between Pathcare's records and the information found here Pathcare's records will govern.

• You acknowledge and accept that this service and/or site may become unavailable from time to time due to various circumstances including but not limited to technical failure or problems and that PathCare may also in its sole discretion and at any time discontinue providing this application or the service or any part thereof or access to you, with or without notice.

• PathCare its, directors, shareholders, partners agents and employees are not responsible for the content or privacy policy of any website to which this application may link and makes no warranties and/or representations about such sites.

You authorise Pathcare to retain any of your personal information required to provide personal access codes and access to this application, which information will not be retained longer than is necessary and will be destroyed should you stop using this application.

• The use of this application may expose Pathcare to increased risk, including but not limited to negligent use of your password. You therefore indemnify PathCare from any claims of whatsoever nature from whomsoever resulting from your acts or omission from the use of this application or the breach of any term of these terms and conditions, your access (or non- access due to the unavailability of the service at any time) and the use of the services and your access to the medical and personal information of the patient, including but not limited to your transgression of any applicable laws and regulations.

• You may not cede or assign any of your rights and obligations hereunder. These terms and conditions shall constitute the whole agreement between you and PathCare relating to this application and service provided, and PathCare shall not be bound by an undertaking, representation, warranty or waiver unless set out herein.

• Except as may be set out in these terms and conditions, you may not reverse engineer, disassemble, retransmit or in any other way alter and modify any of the material, information and/or software on this application and/or service.

Should any provision in these terms and conditions be found to be void or prohibited or become invalid or unenforceable, then it shall be severable from the rest of the terms of this agreement without invalidating the remaining provisions of this agreement.

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