Terms and Conditions for Elle Health (Pty) Ltd

These terms apply when you use the Elle Health website, the Elle web platform, and the Elle mobile apps from the Apple App Store and Google Play (together, the "Service"). Please read them before you use the Service.

Medical emergencies

The Service is not for emergencies. If you think you have a medical or mental health emergency, call emergency services or go to the nearest emergency room first.

1. Who we are

Elle Health (Pty) Ltd, registration number 2019/543329/07 ("Elle", "we", "us", "our"), provides practice management software for healthcare practices in South Africa. The software includes billing, medical aid claims, electronic health records, online patient bookings, patient payments, messaging, and a telehealth tool for video consultations.

Our address is Kings Crest, 2nd Floor, 476 King's Highway, Lynnwood, Pretoria, 0081.

2. Accepting these terms

You accept these terms when you create an account, tick a box to agree, or use the Service. If you do not agree, do not use the Service.

You must be 18 or older to hold an account. A parent or legal guardian may use the Service for a child and is responsible for that use.

If you use the Service for a healthcare practice, you confirm that you have the authority to bind that practice. Practices also sign a separate Software Agreement with us. If that agreement conflicts with these terms, the Software Agreement applies to the practice.

3. What Elle is, and is not

Elle is a software provider. We are not a medical service provider, a health insurer, or a medical scheme. We do not employ the healthcare providers who use the Service.

The Service lets healthcare providers and patients communicate, book appointments, pay accounts, and hold consultations online. It is not meant for continuous patient monitoring or for situations that need immediate clinical action.

Nothing in the Service is medical advice. Information on the Service does not replace the advice of a qualified healthcare provider. Do not delay or ignore medical advice because of something you read or saw on the Service. Your relationship for care is with your healthcare provider, not with Elle.

We do not check the qualifications or registration of healthcare providers who use the Service. If you are a patient, check with the relevant professional council that your provider is registered and in good standing.

4. Your account

  • Give us true and current information when you register, and keep it up to date.
  • Keep your password and any access codes secret. Do not share your login.
  • Tell us at once if you think someone else has used your account.
  • You are responsible for everything done with your login until you tell us it has been compromised.

5. If you are a patient

  • You are responsible for the decisions you make about your own care.
  • Give your healthcare provider accurate and complete health information.
  • Medical advice and treatment come from your healthcare provider. We do not control them and we are not responsible for them.
  • Video consultations need a working internet connection and a suitable device. You are responsible for both.

6. If you are a healthcare provider or practice

  • You hold the licences, registrations and consents that the law requires for the care you give. You keep them current.
  • You alone are responsible for your clinical, billing and coding decisions, and for their results.
  • You are responsible for the patient information you capture, and for its accuracy.
  • You must secure your own devices and network. Use current anti-virus software, a firewall and strong passwords.
  • You must not give anyone else access to the Service, or use it to scrape data.
  • Fees, billing, support and ending your subscription follow your Software Agreement.

7. Acceptable use

You must not:

  • use the Service for anything unlawful, fraudulent, abusive or harmful;
  • pretend to be another person, or give false details about who you are or what qualifications you hold;
  • copy, modify, decompile, reverse engineer or resell any part of the Service;
  • scrape, mine or harvest data from the Service by automated means;
  • send spam, malware or anything else that could harm the Service or other users;
  • try to get around our security, or access accounts or data that are not yours; or
  • record or share a video consultation without the consent of everyone in it.

We may suspend or restrict an account at once if we believe that you broke this section, that the account is a security risk, or that it is being used unlawfully.

8. Payments and messages

Patients may pay a practice account through the Service. Card payments are held for up to five days before we pay the practice. This lets us deal with any reversal by your bank. Reversals and the bank fees on them reduce what is paid to the practice.

Practices may send SMS and WhatsApp messages to patients through the Service. We use third-party providers for these messages. We do not guarantee that a message will arrive, or arrive on time.

The prices a practice pays us are set out in its Software Agreement, not on this page.

9. Third-party services

The Service uses third parties, for example for hosting, medical aid switching, tariff and product data, messaging, and email delivery. We do not control them. They may have their own terms. We are not responsible for errors, delays or outages that come from a third-party service, to the extent the law allows.

Tariff, price and medical data on the Service comes from medical schemes and other sources. We cannot guarantee that it is complete or correct. Check it before you rely on it.

10. Privacy and your information

We handle personal information under the Protection of Personal Information Act (POPIA). OurPrivacy Policy explains what we collect, why, who sees it, and how you can exercise your rights. It forms part of these terms.

For a practice's patient records, the practice decides why and how the information is used. Elle processes it on the practice's instruction, as an operator under POPIA.

We may use practice data to produce statistics, train and improve our software, and do research. We do this only in a form that does not identify the practice or its patients.

11. Our software and your licence

We own, or hold a licence to, the Service, its software, trade marks and content. We give you a limited, non-exclusive, non-transferable licence to use the Service as these terms allow. You gain no ownership of the Service.

You keep the rights in the information you put into the Service. You allow us to host, process and display it so that we can run the Service for you.

12. Apple App Store and Google Play

These terms are between you and Elle. They are not between you and Apple or Google. Elle, not Apple or Google, is responsible for the Elle apps and their content.

Apple App Store

  • Your licence to use the Elle iOS app is limited to Apple devices that you own or control, and to the usage rules in Apple's Media Services Terms.
  • Apple has no duty to provide maintenance or support for the app. Elle provides support: see section 17.
  • If the app does not meet a warranty that applies by law, tell Apple. Apple may refund the purchase price, if any. Apple has no other warranty duty for the app.
  • Elle, not Apple, handles any claim about the app, including product liability, legal or regulatory compliance, consumer protection, and intellectual property claims.
  • You confirm that you are not in a country under a US government embargo, and that you are not on a US government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple may enforce them against you.

Google Play

  • You must also follow the Google Play Terms of Service when you download or use the Android app.
  • Google has no duty to provide support for the app. Elle provides support: see section 17.

13. Disclaimers

We work to keep the Service available and accurate. We do not promise that it will run without interruption or error, or that information on it is complete or current. We provide the Service "as is" and "as available", to the extent the law allows.

14. Limit of our liability

To the extent the law allows, Elle, its directors, employees and affiliates are not liable for indirect, special, incidental or consequential loss, or for loss of profit, revenue or goodwill, that comes from:

  • use of the Service, or not being able to use it;
  • incorrect, incomplete or late information from the Service;
  • medical advice, treatment or care given by a healthcare provider;
  • the conduct of any user, including defamatory, offensive or unlawful conduct; or
  • an error, delay or outage of a third-party service.

Nothing in these terms limits a right that you have under the Consumer Protection Act, POPIA or any other law, where the law does not allow that right to be limited.

If you are unhappy with the Service, you may stop using it.

15. Ending your use

You may stop using the Service at any time. A practice ends its subscription as its Software Agreement says.

We may suspend or end your access if you break these terms, if you do not pay what you owe, or if the law requires it. When access ends, you must stop using the Service. A practice's access to its data after termination follows its Software Agreement.

Sections that by their nature should continue after termination do continue. These include sections 11, 13, 14 and 18.

16. Changes to these terms

We may update these terms. We will publish the new version on this page and change the date below. For a material change, we will also tell you by email or in the app. If you keep using the Service after the change takes effect, you accept the new terms. If you do not accept them, stop using the Service.

17. Contact and support

For privacy questions and requests, see the contact details of our Information Officers in thePrivacy Policy.

18. General

  • Governing law: The laws of the Republic of South Africa govern these terms.
  • Whole agreement: These terms, the Privacy Policy and, for practices, the Software Agreement are the whole agreement between you and us about the Service.
  • If part is invalid: If a court finds a part of these terms invalid, the rest stays in force.
  • If we do not enforce: If we do not enforce a right at once, we do not give it up.
  • Electronic notice: We may give you notice by email, in the app, or on this page.

These Terms and Conditions are effective as of and are subject to periodic review and updates.

WhatsAppNeed Help?
x