Terms and Conditions of Use

By accessing or using our website, https://www.medimeg.co.za/, or any related platform or application (collectively, “the Platform”), or any of our services (the “Services”), you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by MediMeg, a product of MediMeg (Pty) Ltd (“MediMeg”).

These Terms explain the conditions applicable to how you will use the Platform and our Services. Please read these Terms carefully before using the Platform or subscribing for our services. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.

Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

The terms "user", “you” and “your” are used interchangeably in these Terms and accordingly refer to (i) you, as our client; or the administrator of your account (“admin”) and/or (iii) any secondary users including employees and any other personnel who access and/or use the Services under your account (the “authorised user(s)”). Accordingly, the terms “us”, “our” or “we” refers to MediMeg or our possession.

MediMeg is a digital platform that facilitates introductions and connections between families and other persons seeking home-based care services (“Care Seekers”) and independent verified home carers and private nurses (“Care Providers”). The Platform and related services provided by MediMeg (the “Services”) enable Care Seekers to identify, evaluate and engage Care Providers, and may include tools to support communication, scheduling, record-keeping and service accountability between Care Seekers and Care Providers.

Care Seekers may select and engage a Care Provider based on the information made available on the Platform, including the Care Provider’s profile, experience, qualifications/registrations (where applicable), reviews/ratings (if any), availability and fees. MediMeg sets minimum and maximum fee bands based on the experience of the relevant Care Provider. While MediMeg does not specify the exact amount charged (which is determined by the Care Provider), MediMeg provides a band from which Care Providers choose any amount. Any agreement on the applicable service fee is concluded directly between the Care Seeker and the Care Provider.

All bookings made on the Platform are shift-based. A “Shift” means a single period of care booked as a day shift, a night shift, a live-in shift or an emergency shift (as selected on the Platform), and relates to one day, one night or one live-in period of care only (as applicable). If care is required for multiple days and/or nights, and/or live-in periods, separate Shifts must be booked for each applicable day, night and live-in period. An “emergency shift” a shift booked with less than 24 (twenty-four) hours notice.

After a Shift is booked and confirmed on the Platform, the Care Seeker will receive a unique PIN/check-in code for that Shift. The Care Seeker must provide this PIN/check-in code to the Care Provider upon the Care Provider’s arrival at the Care Seeker’s location in order to activate the Shift and enable the Care Provider to check in on the Platform. The Care Seeker is responsible for keeping the PIN/check-in code secure and for not sharing it with any person other than the Care Provider engaged for that Shift.

Care Provider Resources

Care Providers must have and use their own resources to provide the care services they offer to Care Seekers, including (where applicable) their own equipment, consumables, uniforms, devices, data connectivity, transport, and any other tools, supplies or resources required to perform a Shift safely and lawfully. MediMeg does not provide Care Providers with any such resources and is not responsible for procuring, maintaining, replacing, or reimbursing any resources, expenses or costs incurred by a Care Provider, unless MediMeg expressly agrees otherwise in writing.

Services Disclaimer

MediMeg is not an employment agency, nursing agency, placement agency or healthcare facility, and does not employ, contract with, supervise or control any Care Provider. Any engagement, arrangement and/or contract for services is concluded directly between the relevant Care Seeker and Care Provider, and MediMeg does not become a party to, and is not responsible for, the performance of any such engagement. MediMeg does not provide medical, nursing or other clinical advice, diagnosis or treatment, and any information made available through the Platform is for general informational purposes only and is not a substitute for professional advice from a qualified healthcare provider.

MediMeg’s verification processes may include identity and/or background checks and other screening steps, and the Platform may display pricing or fee information intended to promote transparency. However, any verification outcome, profile information, availability, pricing and/or service information displayed on the Platform is based on information provided by or obtained in respect of Care Providers and may change from time to time.

MediMeg does not guarantee the accuracy or completeness of such information, the availability of any Care Provider, or any particular outcome, and does not warrant that any Care Provider will be suitable for a Care Seeker’s needs. Care Seekers remain responsible for conducting their own due diligence and for confirming the suitability, qualifications, registrations (where applicable), scope of practice, pricing and fitness of any Care Provider for the Care Seeker’s particular needs prior to engagement.

Care Seekers are solely responsible for:

1. determining whether any services are appropriate;
2. communicating care requirements, risks, medications and relevant instructions;
3. implementing reasonable safety measures in the home environment; and
4. contacting emergency services in the event of any medical or safety emergency.

Unless expressly stated otherwise on the Platform, MediMeg does not charge hidden fees, and any fees payable to MediMeg (if applicable) will be disclosed to you prior to payment and/or in the pricing information made available on the Platform.

MediMeg is not responsible for any fees charged by Care Providers and does not set the final amount charged by any Care Provider. However, MediMeg may set or apply general pricing bands or parameters (for example, by reference to a Care Provider’s experience) within which a Care Provider selects their fee. MediMeg is not responsible for, and does not control, any fees charged by Care Providers, any expenses or supplies required for care, or any disputes between Care Seekers and Care Providers regarding pricing, cancellations, refunds, chargebacks, or the quality of services. Care Providers are solely responsible for complying with all applicable laws, professional standards, licensing/registration requirements, insurance obligations, tax obligations and record-keeping requirements applicable to their services, and Care Seekers are solely responsible for any obligations imposed on them as clients/employers (if any) under applicable law.

Creating an Account:

To use the Services, you must register and open an account through the Platform or as otherwise directed.

Care Seeker Profile: When creating a Care Seeker profile, you must follow the Platform’s prompts and provide the information requested. Your registration is only complete once all required steps (including any verification steps and acceptance of these Terms and the Privacy Policy where prompted) are completed. We may refuse, suspend or limit access to an account if required steps are not completed or if information provided appears incorrect or incomplete.

Care Providers: Care Provider registration and any listing on the Platform is subject to MediMeg’s verification process policy, as published on the Platform from time to time (“Verification Process Policy”). It is your responsibility, should you wish to apply to be a Care Provider, to read the Verification Process Policy before registering a Care Provider profile, and by registering you agree to be bound by it.

When registering, you must follow the Platform’s prompts and upload the information and documents we request (and provide any required consents) to allow verification. Creating a profile does not mean you are accepted or verified, and your listing and continued access as a Care Provider is subject to a positive verification outcome under the Verification Process Policy. We may refuse, suspend, limit or remove your profile if you do not comply with the Verification Process Policy or if verification is incomplete or negative.

Platform Fee:

MediMeg charges a platform fee equal to 15%(fifteen percent) of the total Shift cost (the “Platform Fee”). The Platform Fee will be presented as a separate line item at checkout prior to payment and is payable in addition to the Care Provider’s Service Fee (and any other amounts disclosed at checkout).

The Platform Fee contributes to the costs of MediMeg’s verification infrastructure, payment processing, platform operations, and support services, including maintaining and improving the Platform features used to facilitate bookings, communications, scheduling and accountability.

Unless we expressly state otherwise on the Platform, the Platform Fee is calculated on the total Shift cost for the applicable booking as displayed at checkout at the time of purchase. We may update the Platform Fee percentage and/or how it is calculated from time to time, provided that any change will be reflected at checkout before you confirm and pay for a booking.

The Platform Fee is charged for providing access to and use of the Platform and the Services, and is not a fee for medical, nursing or care services. Any care services are provided by the Care Provider and not by MediMeg.

Unless required otherwise by applicable law or as expressly stated in any cancellation/refund policy displayed on the Platform, the Platform Fee is non-refundable once a Shift booking has been confirmed and/or payment has been processed.

Accurate Information:

When signing up to our Platform you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect the privacy and security of your account, we take reasonable steps to verify your access by requiring your password together with your email address to grant access to your company account and associated data. Please update recorded personal data yourself where necessary through your account or contact us to view or change your personal data and accesses provided.

Warranty:

By sharing personal data with us, you warrant that you have the lawful authority (and, where required, the necessary consents) to provide such personal data to MediMeg and to allow it to be processed for the purposes set out in these Terms and our Privacy Policy, including where the personal data relates to a patient, family member, Care Seeker, Care Provider, or any other third party. You are responsible for the accuracy of the information you provide and for all activity conducted through your account on the Platform and through the Services. Please see our Privacy Policy for more details on how we use and process personal data.

Unlawful Access:

Please let us know if you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.

Service Fee:

Service Fees for care services are set by each Care Provider (with guidance from MediMeg) and may differ from one Care Provider to another based on factors including experience, qualifications, scope of services, location, availability and the nature of the care required. Any service fee or rate displayed on the Platform is provided for transparency and comparison purposes and may change from time to time. Unless we expressly state otherwise on the Platform, the applicable service fee must be paid in full in advance (via the Platform and/or our payment service provider) before the Care Provider begins providing services at the Care Seeker’s location.

Online Payment:

Payment is facilitated via a third party payment service provider. You understand that you will be bound by the third party payment service provider’s terms and conditions for the processing of your payment/s.

Release of Service Fee:

A Shift will be regarded as completed only once: (i) the Care Provider has checked in at the start of the Shift using the unique check-in code provided by the Care Seeker; (ii) the Care Provider has selected “Complete Shift” (or equivalent) on the Platform at the end of the Shift; and (iii) no dispute has been raised by either the Care Seeker or the Care Provider within 24 (twenty-four) hours after the Care Provider marks the Shift as complete on the Platform.

When the Care Provider marks the Shift complete, a 24 (twenty-four) hour dispute window opens and the applicable funds will remain held in escrow with our payment service provider, pending expiry of the dispute window.

If 24 (twenty-four) hours pass after the Care Provider marks the Shift complete and no dispute is raised, the funds will automatically be released to the Care Provider and the Platform Fee will be settled to MediMeg.

If a dispute is raised by either party within the 24 (twenty-four) hour dispute window, the funds will be placed on hold and the dispute process will be initiated in accordance with the Dispute Resolution provisions of these Terms.

Non-Payment of Service Fees:

For multi-Shift bookings, MediMeg will issue a separate payment link for each subsequent Shift, which will be made available to the Care Seeker 5 (five) days before the relevant Shift is due. If payment is not received, MediMeg will send reminder notifications to the Care Seeker at 5 (five) days before the Shift and again at 3 (three) days before the Shift. If payment is still not received, the relevant Shift booking will be automatically cancelled 48 (forty-eight) hours before the scheduled Shift start time, and the Care Provider will be notified of the auto-cancellation as soon as reasonably practicable.

No refund will apply in respect of an auto-cancelled Shift where no payment was made for that Shift. The Care Seeker may rebook the same Care Provider (or any other Care Provider) if the Care Provider remains available, subject to the normal booking, payment, cancellation and refund terms applicable on the Platform at the time of rebooking.

Limitation of Use:

Your right to use our Platform is subject to any limits we or bank card issuer may impose on you. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your account and access to the Platform and Services.

A Care Seeker may cancel a confirmed booking at any time before the Shift begins. The refund amount (if any) will depend on how much notice is given before the scheduled Shift start time, calculated by reference to the time and date of cancellation recorded on the Platform.

If a Care Seeker cancels a confirmed Shift booking before the Shift begins, the refund (if any) will be determined by the notice period between the time the cancellation is recorded on the Platform and the scheduled Shift start time, as follows:

1. If cancellation is made 72 (seventy-two) hours or more before the scheduled Shift start time, 100% (one hundred percent) of the Care Provider portion and 100% (one hundred percent) of the Platform Fee will be refunded to the Care Seeker, and the Care Provider will receive no payment for that Shift.
2. If cancellation is made between 24 (twenty-four) and 72 (seventy-two) hours before the scheduled Shift start time, 50% (fifty percent) of the Care Provider portion will be refunded to the Care Seeker and 50% (fifty percent) of the Care Provider portion will be paid to the Care Provider as compensation, and the Platform Fee will be non-refundable.
3. If cancellation is made less than 24 (twenty-four) hours before the scheduled Shift start time, no refund will be payable to the Care Seeker, the Care Provider will receive 100% (one hundred percent) of the Care Provider portion as compensation, and the Platform Fee will be non-refundable.

Care Seekers acknowledge that late cancellations may result in compensation being payable to the Care Provider because the Care Provider may have reserved the Shift and turned down other work. The Platform Fee is retained in the event of late cancellation because the booking and payment services have been provided. MediMeg may, in its sole discretion, restrict, suspend, or terminate a Care Seeker’s account if MediMeg determines that the Care Seeker has repeatedly abuse of the Platform, including through repeated late cancellations, repeated no-shows, or other conduct intended to avoid applicable fees or otherwise misuse of the booking functionality.

MediMeg recognises that genuine emergencies may occur. A Care Seeker may request a compassionate cancellation for a confirmed Shift booking where the cancellation is due to a qualifying emergency event, being: hospitalisation of the patient; death of the patient; an acute medical emergency affecting the primary family contact; or a natural disaster.

To be considered, the Care Seeker must submit supporting documentation within 48 (forty-eight) hours of the cancellation (for example, a hospital admission letter, death certificate, or equivalent). Compassionate cancellations are reviewed by MediMeg support and are not automatically approved. MediMeg may approve or decline the request in its discretion, and MediMeg’s decision is final.

If a compassionate cancellation request is approved, MediMeg will, within a reasonable time, issue the Care Seeker with a MediMeg platform credit in South African Rands equal to 100% (one hundred percent) of the Care Provider portion paid for the cancelled Shift, to be applied to future Shift bookings (and not redeemable for cash). The Platform Fee remains non-refundable.

Platform credits are non-transferable, may only be applied to future Shift bookings made on the Platform, and will expire 3 (three) months from the date of issue (unless the Platform states otherwise at the time of issue).

Care Providers are expected to honour all confirmed Shift bookings. MediMeg recognises that genuine emergencies may arise; however, repeated cancellations and/or late cancellations may cause significant disruption to Care Seekers and undermine trust in the Platform.

A Care Provider must promptly notify the Care Seeker (via the Platform where possible) and MediMeg support if they cannot attend a confirmed Shift, and must provide the reason and any supporting information reasonably requested by MediMeg.

MediMeg may monitor cancellation patterns and, where a Care Provider repeatedly cancels Shifts, cancels at short notice, or otherwise demonstrates unreliability (in MediMeg’s reasonable discretion), MediMeg may take one or more of the following actions: issue warnings; temporarily restrict access to bookings; adjust the Care Provider’s visibility on the Platform; suspend or remove the Care Provider’s profile; and/or require additional verification or steps before permitting further bookings.

If a Care Provider cancels a confirmed Shift booking or fails to attend a confirmed Shift (“No-show”), MediMeg will process the Care Seeker’s refund and may apply consequences to the Care Provider based on the notice given before the scheduled Shift start time, as follows:

1. If the Care Provider cancels 72 (seventy-two) hours or more before the scheduled Shift start time, the Care Seeker will receive a 100% (one hundred percent) refund of the Care Provider portion and the Platform Fee. No penalty will apply for the first occurrence; however, the cancellation may be logged on the Care Provider’s profile for monitoring purposes.
2. If the Care Provider cancels less than 72 (seventy-two) hours before the scheduled Shift start time, the Care Seeker will receive a 100% (one hundred percent) refund of the Care Provider portion and the Platform Fee. MediMeg may issue a formal warning to the Care Provider, and 3 (three) occurrences within any 6 (six) month period may trigger a suspension review.
3. If the Care Provider does not arrive for a confirmed Shift (No-show), the Care Seeker will receive a 100% (one hundred percent) refund of the Care Provider portion and the Platform Fee. The Care Provider’s profile may be suspended immediately pending review, which may result in permanent removal from the Platform.

MediMeg may take into account genuine emergencies and any supporting information provided by the Care Provider when applying the above consequences, but nothing in this clause limits MediMeg’s right to take action under these Terms where necessary to protect Care Seekers and the integrity of the Platform.

Further to the Care Provider cancellation and No-show consequences set out in these Terms, the following escalation measures apply:

1. If a Care Provider has 3 (three) late cancellations (being cancellations made less than 72 (seventy-two) hours before the scheduled Shift start time) within any 6 (six) month period, the Care Provider will be notified and their profile will be referred for a suspension review. A MediMeg compliance officer (or designated reviewer) will review the matter and make a decision within 5 (five) business days, which decision may include continued access subject to conditions, temporary suspension, or removal from the Platform.
2. If a Care Provider has 1 (one) No-show, MediMeg may immediately suspend the Care Provider’s profile pending review. MediMeg will aim to make a decision within 48 (forty-eight) hours, which may include reinstatement (with or without conditions), continued suspension, or removal.
3. If a Care Provider has 2 (two) No-shows, MediMeg may permanently remove the Care Provider from the Platform.

If MediMeg reasonably suspects a pattern of cancellations or conduct amounting to abuse of the Platform (including attempts to avoid consequences or manipulate booking/cancellation outcomes), MediMeg may immediately suspend the Care Provider’s profile and conduct an investigation, and may take any further action it considers appropriate under these Terms, including permanent removal.

Platform Responsibilities: by using the Platform and/or the Services, you, as our client, warrant that -

• you have a duty to inform Care Seekers, in writing where appropriate, that any pricing, fee, availability, or other information displayed on the Platform is provided for general information and booking purposes only, and is not a guarantee of suitability, quality, outcome, or availability of any Care Provider or services;
• it is your responsibility to ensure that Care Seekers understand the limitations of information displayed on the Platform and that any decision to engage a Care Provider (including as to price, suitability, qualifications, registrations, and scope of services) is made by the Care Seeker at their own discretion and subject to their own due diligence;
• where you are a Care Seeker, you will not request, direct, or pressure a Care Provider to perform duties outside the scope of the applicable booking or outside the Care Provider’s disclosed qualifications, registrations, and lawful scope of practice;
• you have read and agreed to these Terms and will use the Platform and the Services in accordance with them;
• you have not made any misrepresentations and the information provided in the registration process (including, where applicable, about you and/or your authorised users) is true, accurate and complete in every aspect;
• where you are a Care Seeker, all information you provide about the patient and the patient’s care needs (including medical conditions, medications, mobility needs, and any risks) is true, accurate, and complete to the best of your knowledge, and you will promptly update such information if it changes;
• where you are a Care Provider, you hold and will maintain all professional registrations required to provide your services (including, where applicable, current registration with the South African Nursing Council (SANC)) and such registrations are not suspended, cancelled, or subject to conditions that would restrict you from providing the services you offer through the Platform, and you will practise only within your lawful scope of practice;
• where you are a Care Provider, you have not been convicted of any offence involving violence, sexual misconduct, theft, fraud, or the abuse of a vulnerable person, and you will promptly notify MediMeg if you are charged with, arrested for, or convicted of any such offence while using the Platform or providing services booked through the Platform;
• where you are a Care Provider, all qualifications, training, and certifications you represent on the Platform (including, where applicable, first aid, CPR, and manual handling) are current and valid, and you will promptly notify MediMeg of any lapse, suspension, revocation, or expiry;
• where you are a Care Provider, you either (i) hold and will maintain appropriate insurance for the services you provide, or (ii) if you do not hold such insurance, you expressly acknowledge and accept that you do so at your own risk;
• where you are a Care Provider, you are physically and mentally fit to perform the services you accept, and you are not knowingly suffering from any infectious or communicable disease that would make it unsafe for you to provide the booked services (and you will promptly notify the Care Seeker and MediMeg through the Platform if such circumstances arise before a Shift);
• where you are a Care Provider, all profile information you provide or display on the Platform (including experience, qualifications, registrations, references, and photographs) is true, accurate, and not misleading, and any profile photo is a current image of you;
• all users of the Platform and the Services are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
• you lawfully possess and submit all information to MediMeg for the use of the Platform and the Services and have the necessary authority and consents to do so, and you hereby indemnify MediMeg against any third-party claims that may arise due to the information and content you submit or instruct MediMeg to process through the Platform or the Services;
• where you are a Care Seeker, you have the legal right and authority to engage care services for the relevant patient (whether as the patient, as a holder of a valid power of attorney or similar authority, as a curator/guardian, or with the patient’s informed consent (where applicable));
• where you are a Care Seeker, the premises at which services will be provided are reasonably safe for the Care Provider to attend and perform the booked services, and you have disclosed (or will promptly disclose) any material safety risks of which you are aware;
• where you are a Care Seeker, you will disclose any known infectious or communicable condition relevant to the booked services through the Platform’s applicable structured disclosure mechanism (where available) or otherwise through the Platform in writing prior to the start of the Shift;
• where you are a Care Seeker, you have lawful authority over the premises to authorise the Care Provider’s entry for the purpose of performing the booked services;
• you will not post, upload, replicate or transmit any abusive content on the Platform or through the Services that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform or the Services;
• you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform or the Services including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the Services or the underlying software code;
• you will not infringe the intellectual property or other rights of any third party or MediMeg or transmit content that you do not own or do not have the right to publish or distribute;
• you will not use the Platform or the Services for any commercial purpose other than as expressly permitted by MediMeg herein (including, for Care Providers, offering and providing care services through the Platform in accordance with these Terms);
• where you are a Care Provider, you will not solicit, divert, or attempt to move any relationship with a Care Seeker off the Platform for the purpose of avoiding or circumventing any Platform Fee or other amounts payable to MediMeg;
• you will not use the Platform or the Services to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
• where you are a Care Provider, you will promptly report to MediMeg (through the Platform or otherwise in writing) any safeguarding concern or incident that occurs in connection with a Shift, including any injury, fall, medication error, or other event that may materially impact the health or safety of a Care Seeker or patient.
• you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing MediMeg to enforce all of our rights in the case of breach, including but not limited to denying you access to the Platform or the Services, reporting your actions to an applicable authority or instituting legal proceedings against you.

Mutual user warranties:

Without limiting any other warranties in these Terms, you warrant and agree (whether you are a Care Seeker or a Care Provider) that you will conduct all bookings through the Platform, make all payments through the Platform (or MediMeg’s nominated payment service provider), and use the Platform for core communications relating to any booking or Shift, and you will not circumvent, or attempt to circumvent, the Platform Fee or any other amounts payable to MediMeg (including by arranging, requesting, encouraging, or accepting off-Platform payments or off-Platform engagements in connection with a Care Seeker/Care Provider relationship that originated on or was facilitated by the Platform).

You further warrant and agree that you will use any dispute mechanism made available by MediMeg (including the dispute process described in these Terms) in good faith and for genuine disputes only, and that you will not raise any dispute (or threaten to raise a dispute) that is frivolous, vexatious, retaliatory, or intended to harass, pressure, or improperly obtain a refund, credit, discount, or other benefit.

You further warrant and agree that you will not unlawfully discriminate against any person (including any Care Seeker, patient, Care Provider, or other user) on any ground prohibited under the Constitution of the Republic of South Africa, 1996 and/or other applicable law, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, nationality, or any other protected ground.

You further warrant and agree that any reviews, ratings, endorsements, comments, or feedback you submit on or through the Platform will be honest, accurate to the best of your knowledge, and based on your actual, first-hand experience of a booking, Shift, or interaction facilitated through the Platform, and will not be false, misleading,

Connected Devices:

The Platform and Services are only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform and the Services. We do not guarantee that the Platform or the Services, or any portion thereof, will function on any particular hardware or device.

Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform and/or the Services where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

You acknowledge that the processes, functionality, and services of the Platform constitute valuable proprietary and confidential information of MediMeg. You agree to maintain the confidentiality of all such information and not to disclose, reproduce, or use any part of MediMeg’s content, processes, or Services for any purpose other than as expressly permitted under these Terms. This obligation of confidentiality will survive the termination of your use of the Platform and Services. You further agree to take all reasonable steps to protect MediMeg’s confidential information from unauthorised or competitive access or disclosure.

We will store and process all data you share with us when signing up to our Services and through your Platform account when using the Services, in accordance with applicable data protection legislation (including the Protection of Personal Information Act 4 of 2013) and our Privacy Policy (which you can access on our Platform).

Data Messages between You and MediMeg

Data messages, including email messages and support queries, you send to us will be considered as received only when we acknowledge or respond to these messages.

Data messages we send to you will be regarded as received when the data message enters your inbox or messaging inbox and is capable of being retrieved and processed by you.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

Hyperlinks, Deep Links, Framing

The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.

We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.

Platform IP:

All Platform and software layout, software content, material, information, data, software in general, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code (“Intellectual Property”), are owned (or co-owned or licensed, as the case may be) by MediMeg and/or its licensors and, as such, are protected by applicable domestic and international legislation and treaties.

User submitted IP:

All rights to any intellectual property you provide to us will remain with you, but you grant MediMeg a non-exclusive, worldwide, royalty-free, fully paid licence to host, store, use, reproduce, display and transmit such intellectual property as reasonably necessary to operate the Platform and to provide the Services (including to display your profile and facilitate bookings).

Feedback:

If you provide us with any suggestions, comments or other feedback relating to our Services or company (collectively, “Feedback”), such Feedback is provided ‘as is’ and is and will be deemed as our sole and exclusive property. You hereby irrevocably assign to us all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you will not provide any Feedback to us which is subject to any third-party rights or any limitations or which you are otherwise precluded from providing to us and shall notify us as soon as you become aware of any third-party right or limitation which may apply to any Feedback already provided by you.

No Modification of IP:

Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform, the Services or the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.

Updates:

We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform or within the Services, or to suspend or terminate the Platform or the Services, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).

Third Party IP:

Where any intellectual property has been licensed to us or belongs to any third party (“Third Party IP”), all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. If there is a conflict between the licensing terms of Third Party IP and these Terms, the licensing terms of the Third Party IP shall prevail only in connection with the related Third Party IP. MediMeg disclaims all liability related to any third-party components utilised in the Services. You acknowledge that MediMeg is not the author, owner or licensor of any Third Party IP, and we accordingly make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party IP.

Disclaimers

The Platform and Services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. MediMeg does not warrant that the Platform or Services will meet your specific requirements or that any defects or errors will be corrected. You acknowledge and agree that your use of the Platform and Services is at your sole risk.

No advice or information, whether oral or written, obtained by you from MediMeg shall create any warranty not expressly stated in these Terms. You are solely responsible for ensuring that your use of the Platform and Services complies with all applicable laws and regulations.

We take reasonable security measures to ensure the safety and integrity of the Platform and the Services and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Platform or the Services will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform or the Services will be free of bugs, viruses, worms, trojan horses or other harmful components.

MediMeg shall have no liability whatsoever for any third-party integrations, external dependencies, or any service downtime, interruptions, or failures resulting from such integrations or dependencies. Furthermore, MediMeg shall not be liable for any events or circumstances outside its reasonable control, including but not limited to network failures, data centre outages, failures of internet service providers, or the compromise of user credentials. You acknowledge and agree that your use of any third-party integrations or reliance on external services is entirely at your own risk, and MediMeg makes no warranties or representations regarding the availability, reliability, or security of such third-party services or integrations.

To the maximum extent permitted by applicable law, MediMeg, its shareholders, directors, employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Platform or Services; (ii) any interruption or cessation of transmission to or from the Platform; or (iii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party.

You expressly acknowledge and agree that MediMeg is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties.

Indemnities

You indemnify and hold harmless MediMeg, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including reasonable attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services or transactions concluded thereby in any way, except to the extent such losses arise from the gross negligence or wilful misconduct of MediMeg or its representatives.

You agree to indemnify, defend, and hold MediMeg, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) to the extent arising from your use of the Platform or Services and/or breach of these Terms, except to the extent such liability, loss, claim, or expense results from the gross negligence or wilful misconduct of MediMeg or its representatives.

Limitation on Amount of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY BE HELD LIABLE UNDER THESE TERMS FOR ANY AMOUNT EXCEEDING THE AMOUNT PAID BY A CLIENT TO MEDIMEG FOR ITS SERVICES DURING THE PRECEDING TWELVE MONTHS.

This clause will survive termination of these Terms.

Any Dispute (of any kind) may be lodged with MediMeg either through the Platform or via email (to the address specified on the Platform from time to time). Every Dispute, regardless of how it is lodged, will be logged by MediMeg in MediMeg’s internal dispute register and/or case-management system, including the date and time the Dispute was raised, the parties involved, the relevant booking/Shift reference, the dispute category, and the status and outcome. This log is used to track MediMeg’s dispute-handling process and service-level commitments and to support auditing, compliance and quality control.

Negotiation:

Should any dispute, disagreement or claim arise between you and MediMeg concerning the use of the Platform or the Services (a “Dispute”), the parties shall endeavour to resolve the Dispute amicably by negotiation. All Disputes are handled directly by the MediMeg Founder. As the Platform scales, MediMeg may establish a dedicated compliance function to manage Disputes on MediMeg’s behalf, and MediMeg may update its internal process accordingly.

The following service-level commitments apply:

1. acknowledgement: within 24 (twenty-four) hours of the Dispute being raised (or within 4 (four) hours where treated as urgent by MediMeg);
2. initial assessment: within 72 (seventy-two) hours of acknowledgement (or within 24 (twenty-four) hours for urgent Disputes);
3. decision issued: within 5 (five) business days of the Dispute being raised (or within 48 (forty-eight) hours for urgent Disputes, where possible); and
4. funds released or refunded (where applicable): within 2 (two) business days of the decision.

A conduct dispute arises where a Care Seeker and/or Care Provider alleges misconduct, abusive behaviour, theft, or any action that goes beyond a disagreement about service quality (“Conduct Dispute”). Conduct Disputes are the highest-stakes dispute category and are treated as urgent.

MediMeg may classify Conduct Disputes into severity levels (in MediMeg’s reasonable discretion) and apply the following responses:

1. Level 1 (Minor): examples include rudeness, unprofessional communication, or a minor property damage claim. MediMeg may log the complaint, issue a formal warning, and monitor for repeat behaviour.
2. Level 2 (Serious): examples include an unproven theft allegation, persistent inappropriate behaviour, or boundary violations. MediMeg may suspend the relevant profile pending investigation, require both parties to submit statements and any supporting information, and will aim to issue a decision within 72 (seventy-two) hours.
3. Level 3 (Illegal Activity): examples include theft above the criminal threshold, physical assault, abuse, sexual misconduct, fraud, or any other suspected criminal conduct. MediMeg may immediately and permanently suspend the relevant profile and may refer the matter to the South African Police Service (“SAPS”) and cooperate fully with law enforcement and any regulatory body or court.

Nothing in this clause limits a party’s right to contact emergency services or SAPS at any time. Where a Conduct Dispute is raised, any funds held in escrow in respect of the relevant Shift may be placed on hold pending the outcome of the dispute process.

Mediation:

If a Dispute is not resolved through the negotiation process above (including after MediMeg has issued its decision), either party may propose that the Dispute be referred to an independent industry expert to mediate the discussions between the parties to find a mutually beneficial solution. Mediation will be conducted only if both parties agree in writing on the mediator and the mediation process, and each party will bear its own costs of mediation (including its own legal and other professional fees), unless the parties agree otherwise..

Arbitration:

If the Dispute is still not resolved after mediation (if agreed) or court/tribunal/ombud processes (as applicable), the parties may agree in writing to refer the Dispute to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator agreed between the parties (or, failing agreement, appointed by AFSA).

Jurisdiction:

Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

No Internal Appeals:

MediMeg does not operate a formal internal appeals process. Once MediMeg has issued a decision in relation to a Dispute, that decision is final and binding on both parties for purposes of the Platform and the Services. This does not affect any rights either party may have under applicable South African law, including the Consumer Protection Act 68 of 2008 or any other legislation. Parties who believe MediMeg’s decision was unlawful or in breach of their statutory rights may seek recourse through the appropriate legal channels. MediMeg will cooperate with any regulatory body or court investigating a Dispute outcome.

No publication:

The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM OR SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.

You may terminate (close) your account and/or deactivate your profile at any time by following the relevant prompts and procedures available on the Platform. Alternatively, you may contact MediMeg directly (using the contact details made available on the Platform from time to time) to request account closure. Termination will be effective in accordance with the procedures and timelines communicated by MediMeg.

In the event of termination of your agreement under these Terms, we may remove your access to the Platform and the Services and close your account. Any deletion or retention of your account information and associated data will be handled in accordance with our Privacy Policy and applicable data retention requirements.

Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

• in the case of MediMeg, support@medimeg.co.za]; or
• in the case of the client, at the e-mail, cellphone number, and/or address provided when onboarding with us.

Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

• Site owner: MediMeg (Pty) Ltd
• Legal status: Private Company
• Registration number: 2026/202908/07
• Description of business: Software as a Service
• Platform address: https://www.medimeg.co.za/
• Email address: support@medimeg.co.za
• Telephone number: +447503226044

Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.

Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned

Change Without Notice: The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.

No Indulgence: No indulgence, leniency or extension of time granted by MediMeg shall constitute a waiver of any of MediMeg’s rights under these Terms and, accordingly, MediMeg shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

Governing Law: Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Failure to Pay: In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by MediMeg in relation to the payment failure or breach.

Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions above.