Service Agreement
Effective Date: 25 July 2026
1. Definitions
In this Agreement, unless the context otherwise requires:
- “Agreement” means this Service Agreement, including all schedules and annexures.
- “HealthCharts” means HealthCharts (Pty) Ltd, registration number [insert], a private company incorporated in the Republic of South Africa.
- “Platform” means the HealthCharts healthcare collaboration software, website, applications, and related services.
- “Practitioner” means a registered healthcare professional who creates an account on the Platform.
- “User” means any person who registers on or uses the Platform, including Practitioners, Patients, Family Members, Hospital Representatives, and Administrators.
- “Personal Information” has the meaning given in the Protection of Personal Information Act 4 of 2013 (“POPIA”).
- “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended.
- “CPA” means the Consumer Protection Act 68 of 2008, as amended.
- “ECTA” means the Electronic Communications and Transactions Act 25 of 2002, as amended.
- “Content” means all data, information, text, graphics, and materials uploaded, stored, or processed on the Platform by Users.
2. Services Provided
2.1. HealthCharts provides a secure, cloud-based healthcare collaboration platform that enables:
- Electronic medical record management
- Patient-family communication workflows
- Biometric monitoring and clinical documentation
- Voice dictation and transcription services
- Secure messaging and collaboration between healthcare professionals
- Hospital continuity and patient transfer management
- Reporting and analytics
2.2. HealthCharts may update, modify, or enhance the Services from time to time. Users will be notified of material changes.
2.3. The Platform is provided “as is” and “as available” without warranty of uninterrupted or error-free operation.
3. User Obligations
3.1. By using the Platform, you agree to:
- Provide accurate and complete registration information
- Maintain the confidentiality of your login credentials
- Not share your account with any third party
- Comply with all applicable laws, including the Health Professions Act, the National Health Act, and POPIA
- Use the Platform only for lawful healthcare purposes
- Not upload or transmit any malicious code, viruses, or harmful content
3.2. Practitioners must be registered with the Health Professions Council of South Africa (“HPCSA”) or the relevant regulatory body.
3.3. Users are solely responsible for the accuracy, completeness, and legality of all Content they upload to the Platform.
4. Data Protection and Privacy (POPIA)
4.1. HealthCharts processes Personal Information in accordance with POPIA. We are committed to protecting the privacy and security of all Personal Information collected via the Platform.
4.2. By using the Platform, you consent to the collection, processing, storage, and sharing of your Personal Information as described in our Privacy Policy.
4.3. Consent: You expressly consent to the processing of your Personal Information for the purposes of providing the Services, including:
- Creating and maintaining your account
- Storing and managing patient records
- Facilitating communication between healthcare providers, patients, and families
- Biometric monitoring and clinical documentation
- Voice dictation and transcription
- Compliance with healthcare regulations and audit requirements
4.4. Data Subject Rights: Under POPIA, you have the right to:
- Access your Personal Information
- Request corrections to inaccurate or incomplete information
- Request deletion of your Personal Information where legally permissible
- Object to the processing of your Personal Information
- Withdraw your consent at any time
4.5. Security Measures: HealthCharts implements appropriate technical and organisational measures to protect Personal Information against unauthorised access, loss, or destruction.
4.6. Data Retention: Personal Information will be retained for as long as necessary to fulfil the purposes for which it was collected, or as required by law.
5. Intellectual Property Rights
5.1. All intellectual property rights in and to the Platform, including software, design, content, and trademarks, are owned by or licensed to HealthCharts.
5.2. Users retain ownership of their Content. By uploading Content to the Platform, you grant HealthCharts a non-exclusive, royalty-free licence to store, process, and display such Content for the purpose of providing the Services.
5.3. Users may not copy, modify, reproduce, or distribute any part of the Platform without prior written consent from HealthCharts.
6. Fees and Payment
6.1. Fees for the Services are set out on the HealthCharts Pricing Page and are subject to change with reasonable notice.
6.2. Practitioners are responsible for paying all applicable fees in accordance with their selected subscription plan.
6.3. All fees are inclusive of VAT unless otherwise stated.
6.4. Failure to pay may result in suspension or termination of access to the Platform.
7. Term and Termination
7.1. This Agreement commences on the date you accept these terms and continues until terminated.
7.2. You may terminate this Agreement at any time by deactivating your account or by providing written notice to HealthCharts.
7.3. HealthCharts may suspend or terminate your access to the Platform if you breach this Agreement, fail to pay fees, or engage in unlawful conduct.
7.4. Upon termination, HealthCharts will delete your Personal Information in accordance with POPIA and applicable law.
8. Limitation of Liability
8.1. Medical Disclaimer: HealthCharts is a platform for healthcare collaboration and medical record management. It does not provide medical advice, diagnosis, or treatment. All clinical decisions remain the sole responsibility of the treating practitioner.
8.2. To the maximum extent permitted by South African law, HealthCharts and its directors, employees, and affiliates shall not be liable for:
- Any indirect, incidental, special, or consequential damages
- Loss of data, revenue, or profits
- Clinical decisions or patient outcomes
- Any harm arising from unauthorised access to or use of the Platform
- Interruptions, errors, or downtime of the Platform
8.3. CPA Compliance: Nothing in this clause purports to exclude liability for:
- Gross negligence on the part of HealthCharts
- Any loss that cannot be excluded under the CPA
8.4. HealthCharts’ total aggregate liability to you shall not exceed the total fees paid by you to HealthCharts in the twelve (12) months preceding the claim.
8.5. You acknowledge that you use the Platform at your own risk.
8.6. This limitation of liability applies to the fullest extent permitted under the CPA. Where the CPA applies and provides for stricter liability, the CPA provisions shall prevail.
9. Indemnity
You agree to indemnify and hold harmless HealthCharts, its directors, employees, and affiliates from and against any claims, losses, liabilities, damages, costs, and expenses arising from:
- Your breach of this Agreement
- Your misuse of the Platform
- Your violation of any law or regulation
- Any claim that your Content infringes the rights of any third party
10. Consumer Protection Act (CPA) Compliance
10.1. This Agreement is subject to the Consumer Protection Act 68 of 2008. No provision of this Agreement shall be construed as limiting any consumer rights under the CPA.
10.2. Cooling‑off Period: If you are a consumer, you have the right to cancel this agreement within 5 business days from the date of registration without any penalty. To cancel, please email us at legal@healthcharts.co.za.
10.3. Unfair Terms: Any term that is found to be unfair, unreasonable, or unjust under Section 48 of the CPA shall be severable and the remaining terms shall continue in full force.
10.4. Plain Language: This agreement is written in plain language as required by Section 49 of the CPA. If you require any clarification, please contact us.
10.5. Liability: As set out in Section 8, no provision of this agreement excludes liability for gross negligence or for any loss that the CPA does not allow to be excluded.
11. Dispute Resolution
11.1. Any dispute arising from this Agreement shall first be referred to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”).
11.2. If mediation fails, the dispute shall be resolved by arbitration in terms of the AFSA Rules, with arbitration held in Johannesburg, South Africa.
11.3. This clause does not prevent either party from seeking urgent relief from any competent court.
12. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, including the CPA, POPIA, and ECTA.
13. General Provisions
13.1. Entire Agreement: This Agreement constitutes the entire agreement between you and HealthCharts regarding the Services.
13.2. Amendment: HealthCharts may amend this Agreement by posting the revised version on the Platform. Your continued use constitutes acceptance of the revised terms.
13.3. Waiver: Any failure to enforce any provision of this Agreement shall not constitute a waiver of such provision.
13.4. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.5. Consumer Rights: Nothing in this Agreement affects any rights you may have under the CPA or any other applicable consumer protection law.
HealthCharts (Pty) Ltd
Email: legal@healthcharts.co.za
Website: healthcharts.co.za