1.1. This document (“Terms and Conditions”) constitutes the agreement between Refuah Medical Services Proprietary Limited (“Infinity Medical Concierge”) and a traveller member (“Member”) who has signed up to the Infinity Medical Concierge Traveller Programme which has been established and is administered by Infinity Medical Concierge for Members travelling to sub-Saharan Africa (“Southern Africa”) (“Infinity Medical Concierge Programme”).
1.2. Infinity Medical Concierge provides certain temporary services to Members travelling to Southern Africa, some of which are more fully set out in clause 5.3 of these Terms and Conditions (“Services”). To facilitate the Services and the healthcare interactions between Members and Healthcare Professionals (“HCPs”) during the Member's stay in Southern Africa, Infinity Medical Concierge has established a platform which consists of, inter alia, a call centre, an online patient portal and a health information storage system (“Platform”).
2.1. Membership of the Infinity Medical Concierge Programme (“Membership”) is open to any individual (i) who is travelling to Southern Africa; (ii) who wishes to use the Platform and Services for the duration of their stay as a mechanism to access healthcare services from HCPs; and (iii) whose Membership has been approved by Infinity Medical Concierge.
2.2. Membership applies per family, being the main Member, their spouse or life partner, their parents, and their dependent children (or any other family member, such as independent children, agreed to by Infinity Medical Concierge), who are linked to the main Member's Membership and who satisfy the conditions set out in clause 2.1 (each being a “Family Member”). In terms of and subject to the provisions of clause 6.4, Family Members must consent to be linked to the main Member's Membership on the Platform using their own log-in credentials (save where the Family Member's information has been loaded onto the main Member's Platform in accordance with clause 6.4,). Where a Family Member has their own log-in credentials, their individual information will remain confidential and will not be accessible by other Family Members.
2.3. The cost of the Membership is a cost per Member (i.e. for the main Member and each Family Member), per day, for the duration of each Member's stay in Southern Africa, and excludes value-added tax levied in terms of the Value-Added Tax Act, No.89 of 1991. The Membership is only available for a continuous 30 days in every calendar year, unless otherwise agreed to by Infinity Medical Concierge in writing.
2.4. Membership fees are payable by credit card and must be paid to Infinity Medical Concierge prior to the Member and their Family Member(s) arriving in Southern Africa. Membership fees are non-refundable, subject to the provisions of the Consumer Protection Act, No. 68 of 2008 (“CPA”).
2.5. Membership may be terminated by either Infinity Medical Concierge or the Member on 10 (ten) calendar days' notice. On termination, Infinity Medical Concierge will refund the Member within 30 days via wire transfer, less any fees incurred on termination, including but not limited to credit card processing fees.
2.6. Membership is personal to the Member as a natural person and cannot be transferred to any other person. Therefore, the Member's rights and obligations under these Terms and Conditions may not be ceded, transferred or assigned by the Member.
2.7. Membership shall terminate upon the Member's departure from Southern Africa, upon the death of a Member, or upon the occurrence of any other event that would make performance under these Terms and Conditions impossible.
3.1. In order to access and use the Platform and related Services, the Member is required to create a profile as a Member (“Profile”). In this regard, the Member acknowledges the following:
3.1.1. in order to register a Profile, the Member must be 18 years or older, or must be assisted by their parent or legal guardian; and
3.1.2. the Member will be required to provide certain Personal Information (see definition in clause 7 below) for purposes of creating a Profile and in order to receive the benefit of the Platform and related Services, which Personal Information will be held and used in accordance with these Terms and Conditions and the terms of Infinity Medical Concierge's Privacy Policy accessible at https://www.infinity-mc.com/privacy-policy (“Privacy Policy”).
3.2. By making an application to register a Profile on the Platform (“Application”), the Member agrees to:
3.2.1. provide accurate and up to date information about the Member as required by Infinity Medical Concierge; and
3.2.2. where required, promptly update such information to ensure that it is accurate and current at all times.
3.3. By registering a Profile, the Member represents and warrants that he/she has the legal capacity or necessary consent to enter into a binding agreement with Infinity Medical Concierge.
3.4. Should the Member’s Application be successful, the Member will be given a Profile, a username and password to access the Platform, which shall be solely for the Member’s use and the Member is to keep these details strictly confidential at all times. The Member’s username and password (“Registration Details”) are for the Member’s sole and personal use. The Member may not allow other persons to use their Registration Details. Further, the Member is responsible for logging out of the Platform if their computer or mobile device is accessible to others, as a means to prevent unauthorised access to the Platform.
3.5. The Member is responsible for safeguarding their Registration Details and agrees to be fully responsible for activities or transactions that relate to the Member’s Profile or Registration Details. Furthermore, the Member must notify Infinity Medical Concierge immediately if the Member becomes aware of any unauthorised use of the Member's Profile or Registration Details.
4.1. Infinity Medical Concierge hereby grants to the Member a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Platform and related Services, subject to these Terms and Conditions.
4.2. The Member acknowledges that Infinity Medical Concierge reserves the right to offer additional functionality and options as part of the Platform from time to time without notice to the Member.
5.1. The Member acknowledges that:
5.1.1. Infinity Medical Concierge does not deliver any healthcare services. It provides and administers the Platform and renders the Services to connect Members with selected HCPs during their visit to Southern Africa;
5.1.2. Infinity Medical Concierge does not have any responsibility or liability for any healthcare services provided to the Member by an HCP; and
5.1.3. the provision of any healthcare services, including any emergency medical services in terms of clause 5.3.5, is the duty of the HCPs, who assume full responsibility for their services.
5.2. Infinity Medical Concierge is not a funder of healthcare services and does not operate as a medical scheme, or as an insurance or other financial services provider.
5.3. The Platform includes Services that, inter alia:
5.3.1. allow Members to access Infinity Medical Concierge’s 24/7 call centre to assist with basic medical queries, advice and telemedicine support;
5.3.2. allow access to curated medical specialists for tele-health;
5.3.3. facilitate and book appointments on behalf of Members with their elected HCPs, while the Members are in the Republic of South Africa (“South Africa”);
5.3.4. allow Members to store and access their own digital health records as saved on the Platform and allow the Members or linked persons with the option to grant access to such records to designated HCPs;
5.3.5. facilitate the dispatch of emergency medical services, including medical evacuations, via road or air ambulance, through third-party providers, while the Members are in South Africa. Paramedics are appraised of the Member's medical history (if available); and
5.3.6. facilitate expert coordination and ongoing communication between HCPs and the Member's family, in the event of an emergency while the Members are in South Africa,
provided that should a Member be in Southern Africa but outside of South Africa at the time the Service is required, then only the Services in clauses 5.3.1, 5.3.2 and 5.3.4 will be available to the Member.
5.4. Infinity Medical Concierge does not determine the healthcare services to be rendered to a Member or the billing for such healthcare services, which remain within the purview of the relationship between the HCP and the Member or, where applicable, the emergency medical service provider and the Member.
5.5. While Infinity Medical Concierge will use reasonable efforts to facilitate appointments with HCPs, no guarantees can be made in relation to the availability of appointment slots, access to specific HCPs, the costs of care or the interventions or healthcare services that may be required.
5.6. The Member agrees to indemnify and hold harmless, Infinity Medical Concierge, its directors, employees and agents in respect of any and all costs, losses, liabilities and damages, howsoever arising, and whether direct, indirect or consequential, out of the rendering of healthcare services to the Member by an HCP, or where applicable, the emergency medical service provider.
6.1. Membership only covers access to the Platform and the Services rendered by Infinity Medical Concierge, as outlined above.
6.2. The Member remains responsible for ensuring that the personal and/or health information it provides to Infinity Medical Concierge and uploads to the Platform is up to date.
6.3. The Member shall not share their credentials, log-ins and/or passwords with any other person whatsoever.
6.4. Each Family Member, who has their own email address, will have their own log-in credentials to the Platform. Family Members who are 18 years or older will be responsible for providing all of their information that is required to be uploaded to the Platform. The parent or legal guardian of a Family Member who is under 18 years of age may upload and access information of such Family Member on the Platform, but such log-in credentials will be different to that of the parent or legal guardian. If a Family Member does not have their own email address, their information that is required to be uploaded to the Platform must be uploaded to the main Member's Platform.
6.5. Without derogating from the generality of this provision, all costs of any nature whatsoever in relation to the rendering of healthcare services, including, inter alia, the costs of healthcare transport and ambulance services, medicines and pharmacy-services, pathology, radiology, consultation fees, the costs of investigations and the like are not included in the Membership fees. Members remain liable for all costs in terms of the healthcare services arrangement with their elected HCP.
6.6. The Member consents to being registered on the Platform which will include access to the system of appointments and the use of the electronic record-keeping system, which includes recordings of consultations.
6.7. Members are not obligated to use the Platform as a means of seeking healthcare or continuing to seek healthcare. Members can continue to use their existing or preferred HCPs based on their preference.
6.8. Members may link HCPs to their Profile and in doing so, such Members consent to giving the HCPs access to certain, or all, of their health records uploaded to the Platform.
7.1. For the purpose of this clause 7 (and where applicable elsewhere in these Terms and Conditions), the following words shall bear the following meanings:
7.1.1. “Data Breach” means any incident in terms of which reasonable grounds exist to believe that the Personal Information of a Data Subject has been accessed or acquired by any unauthorised person;
7.1.2. “Data Protection Legislation” means any and all laws (whether of South Africa or any other jurisdiction) relating to the protection of data or of Personal Information relevant to a person, any applicable law relating to the Processing, privacy, and use of Personal Information, including POPIA and, to the extent applicable, the General Data Protection Regulation 2016/679, and any corresponding or equivalent national laws or regulations; or approved codes of conduct or approved certification mechanisms issued by any relevant regulatory authority and the protection of Personal Information;
7.1.3. “Data Subject” means the person (whether natural or juristic) to whom personal information relates, being the Member;
7.1.4. “Information Officer” means the head of a private body as contemplated in section 1 of PAIA;
7.1.5. “Information Regulator” means the regulatory body established in terms of section 39 of POPIA, charged with enforcing compliance with POPIA;
7.1.6. “Intellectual Property” means any know-how (not in the public domain), invention (whether patented or not), design, trade mark (whether or not registered), or copyright material (whether or not registered), processes, process methodology (whether patented or not), and all other identical or similar Intellectual Property as may exist anywhere in the world which is not in the public domain and any applications for registration of such Intellectual Property;
7.1.7. “PAIA” means the Promotion of Access to Information Act, No. 2 of 2000;
7.1.8. “Personal Information” means any information which can be used or reasonably used to identify or which relates to a Data Subject, or as otherwise defined under applicable Data Protection Legislation;
7.1.9. “POPIA” means the Protection of Personal Information Act, No. 4 of 2013 and all regulations thereto;
7.1.10. “Privacy Policy” shall have the meaning ascribed thereto in clause 3.1.2;
7.1.11. “Process” shall have the meaning ascribed thereto in applicable Data Protection Legislation;
7.1.12. “Responsible Party” means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for Processing Personal Information; and
7.1.13. “Special Personal Information” means the special category of Personal Information as referred to in section 26 of POPIA.
7.2. In order to provide the Platform and related Services to the Member, Infinity Medical Concierge shall be exposed to and process the Member's Personal Information, which may include Special Personal Information and, therefore, Infinity Medical Concierge hereby undertakes to adhere to POPIA, any applicable Data Protection Legislation and the Privacy Policy to ensure that the Member's Personal Information which is obtained and Processed through the use of the Platform is kept private and confidential.
7.3. Generally, Infinity Medical Concierge will store all the Member’s Personal Information for purposes of facilitating the Member and the HCPs interaction.
7.4. Infinity Medical Concierge may store the health records (such as family information and relationships, patient notes, past medical history, medications, allergies, health metrics (from wearables (e.g., fitness devices or activity trackers) and diagnostic test results) of the Member, including the notes made by the HCPs in respect of that Member.
7.5. Further, it is specifically acknowledged that all calls and other interactions between the Member and Infinity Medical Concierge may be recorded and such recordings will be stored in the Member's file.
7.6. Infinity Medical Concierge will, through the Platform, provide access to the Member’s health records to the Member's elected HCPs, and such access will include the notes of other HCPs who have consulted with the Member. The purpose of this is to ensure that each authorised HCP is able to have a complete picture of the Member’s health and healthcare and that, in case of an emergency, all records are easily accessible. The Member acknowledges that incomplete sharing of information may have an impact on the care rendered. The Member hereby consents to such Processing. Such access may be revoked by the Member at any stage via written consent between Infinity Medical Concierge and the Member.
7.7. All Members’ information is stored by a third party contracted to Infinity Medical Concierge for such purpose on a server based in Ireland, and this constitutes transborder information transfer as governed by section 72 of POPIA. To that effect, Infinity Medical Concierge has entered into an agreement with such third party, being SDFC Ireland Limited and Microsoft Ireland Operations Limited, to ensure that the Personal Information of the Member is processed and specifically stored, in line with the principles entrenched in POPIA, any applicable Data Protection Legislation and the Privacy Policy. The Member acknowledges that such third party may, from time to time, gain access to and Process the Member's Personal Information and hereby consents to such Processing.
7.8. The Member consents to the Processing, in general and specifically to the storage and use of the Personal Information, (which may include Special Personal Information) and such consent is given on the following basis:
7.8.1. to provide the elected HCPs with a complete health record for each Member, which will be used by the HCPs to update the health and wellness plan, to track patient progress and to ensure readily available information in cases of emergencies;
7.8.2. to the transferring of its Personal Information or Special Personal Information to a jurisdiction outside of South Africa, provided that the consent to the Processing shall be for the purpose contemplated in these Terms and Conditions and/or the hosting of the Personal Information as contemplated in clause 7.7 above;
7.8.3. to provide HCPs with high-level patient information when booking appointments;
7.8.4. Infinity Medical Concierge and/or its designated emergency service provider may access the Member’s health records in an emergency so as to assist in the care to be rendered to the Member;
7.8.5. Infinity Medical Concierge will respect the Member's wishes in relation to the person whose details the Member provided to Infinity Medical Concierge to consent to care, when the Member is unable to; and
7.8.6. to ensure that each Member's elected HCPs are able to have a complete picture of the Member’s health and healthcare and that, in case of an emergency, all records are easily accessible.
7.9. Infinity Medical Concierge's Information Officer is Antony Seeff. Please contact him at concierge@infinity-mc.com, should you wish to exercise any of your Data Subject access rights under POPIA or any applicable Data Protection Legislation, including in cases of Personal Information changes, opt-outs, information destruction and any matter pertaining to the Personal Information used as part of the Platform.
7.10. Infinity Medical Concierge will keep the information obtained as part of maintaining the Platform for as long as it is necessary to achieve the purpose for which it was collected, unless further retention is permitted in terms of any applicable Data Protection Legislation or other exceptions under POPIA apply. Where Infinity Medical Concierge retains Personal Information for longer periods for statistical, historical or research purposes, Infinity Medical Concierge will procure that appropriate safeguards have been put in place to ensure that all recorded Personal Information will continue to be Processed in accordance with any applicable Data Protection Legislation. Further, once the purpose for which the Personal Information was initially collected and Processed no longer applies or becomes obsolete, Infinity Medical Concierge will ensure that the Personal Information is deleted, destroyed or de-identified sufficiently so that a person cannot re-identify the Data Subject. The Data Subject acknowledges that in instances where Infinity Medical Concierge de-identifies a Data Subject's Personal Information, Infinity Medical Concierge may use such de-identified information indefinitely.
7.11. In the event of a Data Breach, Infinity Medical Concierge will address any such Data Breach in accordance with POPIA or any applicable Data Protection Legislation.
7.12. Where Personal Information relating to someone other than the Member is provided to Infinity Medical Concierge as part of the Member's access to the Platform and consumption of related Services, the Member warrants that it is authorised to provide such Personal Information to Infinity Medical Concierge and hereby authorises Infinity Medical Concierge to Process such Personal Information for purposes related to these Terms and Conditions. In this regard, the Member indemnifies Infinity Medical Concierge for any failure to comply with this clause 7.12.
7.13. When Membership terminates, the Member may download all of their Personal Information from the Platform. No guarantees can be made in relation to the future availability or accessibility of information not so downloaded from the system, and such information may be destroyed after termination of Membership.
7.14. If a Member terminates their Membership, the HCPs with whom the Platform has linked the Member will be informed of that fact and the Member will be provided with an opportunity to download the information the Member has created and/or maintained on the Platform.
7.15. A recordal of the Member's rights under POPIA is included in the Privacy Policy.
8.1. The Member agrees to their details (including full name, birth date, address, email address, telephone number, ID/passport number, photo, medical history, surgical history, allergies, current medication, and current doctors) being added to the Platform.
8.2. All calls and all information uploads made via the Platform to HCPs will be recorded, as part of the patient-record. This includes health-related communications, as well as queries on Membership and other related queries directed to Infinity Medical Concierge.
8.3. No HCP information, patient information or any other Personal Information kept and/or used by Infinity Medical Concierge will be disclosed to any third party, without the written consent of the person whose information it is.
8.4. Where a law or court compels disclosure, Infinity Medical Concierge will give effect to such disclosure, but will inform the relevant Member of such disclosure.
8.5. Infinity Medical Concierge may keep de-identified statistics, including of the number of Members, numbers of HCPs and broad geographic locations so as to improve its service offering.
8.6. The Member provides consent to the retrieving and uploading of existing health records by the Member, Infinity Medical Concierge and/or any HCP onto the Platform.
9.1. Infinity Medical Concierge shall take appropriate, reasonable technical and organisational measures to prevent the loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information, by, inter alia, employing industry standards; restricting and controlling access; encrypting the data; using best-of-breed tools to store, process, and encrypt data; regular external security audits; and comprehensive security policies.
9.2. Any compromise of data integrity or confidentiality will be reported to affected persons and all Members, as well as to the Information Regulator, in accordance with the requirements of POPIA or any applicable Data Protection Legislation.
9.3. If errors in uploading Member or health information do occur, they will be rectified as soon as reasonably possible when brought to the attention of Infinity Medical Concierge .
10.1. Access to the Platform is permitted only in accordance with these Terms and Conditions. Infinity Medical Concierge reserves the right to suspend or terminate the Member's access to and use of the Platform, or any part thereof, without notice, upon any breach of these Terms and Conditions.
10.2. The Member shall not use the Platform to do any of the following:
10.2.1. upload files that contain viruses, trojan horses, corrupted files, or any other similar software that may damage the operation of the Platform or another person's computer;
10.2.2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to Infinity Medical Concierge's staff and other users of the Platform;
10.2.3. post a review or rating unless such review or rating contains your independent, honest, genuine opinion;
10.2.4. use the Platform or any healthcare services for any purpose or in any manner that is in violation of national and/or international law;
10.2.5. publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items;
10.2.6. impersonate another person or allow any other person or entity to use the Member's identification to post or view comments or otherwise use the Member's Profile;
10.2.7. post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited;
10.2.8. download any file posted by another Member that you know, or reasonably should know, and such file cannot be legally distributed through the Platform, or post or upload any content to which the Member has not obtained any necessary rights or permissions to use accordingly;
10.2.9. restrict or inhibit any other Member from using and/or enjoying the Platform;
10.2.10. imply or state that any statements the Member makes are endorsed by Infinity Medical Concierge, without Infinity Medical Concierge's prior written consent;
10.2.11. reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Platform in any manner, or attempt to do any of the foregoing;
10.2.12. remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Infinity Medical Concierge;
10.2.13. upload content / material that is offensive and/or harmful;
10.2.14. upload content and/or material that provides materials or access to materials that are obscene, adult rated or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner;
10.2.15. register to use the Platform under different usernames or identities, after the Member's Profile has been suspended or terminated; and
10.2.16. mirror or archive any part of the Platform or any content or material contained on the Platform without Infinity Medical Concierge's written permission.
11.1. The source codes, programming and related aspects, information, content, products or services including (without limitation) any text, software, icons, images, sound clips, trade names, logos, designs, trademarks, service marks any other Intellectual Property which are displayed on, available on, incorporated into or associated with the Platform, belong to Infinity Medical Concierge and/or its contractors and all use- and/or tampering therewith is prohibited, without the written consent of Infinity Medical Concierge.
11.2. No person shall acquire any right, title or interest, including any Intellectual Property rights, in or to the Platform or Services other than rights of use as expressly granted in these Terms and Conditions.
12.1. Use of the Platform and the Services is entirely at the risk of the Member and their linked persons.
12.2. Subject to the provisions of the CPA, POPIA, any applicable Data Protection Legislation and the Electronic Communications and Transactions Act, No. 25 of 2005, and to the fullest extent allowed by law, Infinity Medical Concierge shall not have any liability whatsoever in relation to the Platform and the Services. The Member indemnifies Infinity Medical Concierge against any loss arising from the use of or reliance on the Platform and the Services or, alternatively, arising out of any of the events contemplated in clause 12.3 below, or any actions or transactions resulting therefrom, even if Infinity Medical Concierge has been advised of the possibility of such loss.
12.3. Although Infinity Medical Concierge takes reasonable steps to secure the Platform and the technology that enables the Services, Infinity Medical Concierge will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Platform and/or the Services for any reason whatsoever. The Member may report any technical or other difficulties at concierge@infinity-mc.com.
12.4. The Member will use its best endeavours to ensure that all information, when uploaded, printed or amended, is done so securely and accurately. The Member may make back-ups and/or copies of information belonging to the Member that has been uploaded to the Platform.
12.5. To the fullest extent allowed by law and subject to the provisions of the CPA and POPIA, if any of the limitations or exclusions of liability in these Terms and Conditions are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability exceed ZAR100.
12.6. The Member acknowledges that the Platform and Services are not intended to, and do not, constitute professional healthcare services or advice and do not replace such advice or services, including (without limitation) in respect of any diagnosis, treatment or care to a specific health question or condition. In particular:
12.6.1. the HCP remains solely responsible for the professional relationship with any Member and the Member acknowledges that Infinity Medical Concierge only creates an environment within which such services can be rendered;
12.6.2. Members must address all healthcare queries, concerns or questions to their elected HCP or another healthcare professional; and
12.6.3. decisions in relation to healthcare must be made by Members based on the advice and information provided by such Member's elected HCP, irrespective of the healthcare services being facilitated by Infinity Medical Concierge. All healthcare decisions, and the interpretation of information, must be done in conjunction with the elected HCPs.
12.7. The Platform and Services do not constitute a healthcare professional-patient relationship nor do they replace the relationship between a HCPs and their patients.
12.8. Members take full responsibility for their decisions to provide access to HCPs, and/or to withdraw such access, and Infinity Medical Concierge will not interfere in such decisions. In instances of such access being withdrawn, or in the event of a cancellation of Membership, the matter remains one relating to the professional relationship between the Member and the HCP. Infinity Medical Concierge will not be responsible for the access granted or refused to any HCP by a Member.
13.1. Subject to the variations or amendments provided for in terms of clause 13.2 below, no other variation or amendment, in any form whatsoever, of these Terms and Conditions will be enforceable or binding on Infinity Medical Concierge unless Infinity Medical Concierge has agreed to such variation or amendment in writing.
13.2. Infinity Medical Concierge is entitled and reserves the right to vary or amend these Terms and Conditions from time to time in its sole discretion. Any amendments to these Terms and Conditions will be communicated and if not agreed to, will lead to a termination of the relevant Member's Membership. Upon notification, Members will be required to re-click/check: “I have read, and I agree to all the Membership Terms and Conditions”.
13.3. In the event that any part of these Terms and Conditions is found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
13.4. No relaxation, indulgence or waiver which Infinity Medical Concierge may grant to the Member will be deemed to be a waiver of any of Infinity Medical Concierge's rights in these Terms and Conditions or in law.
13.5. The termination of a Member's Membership will be without prejudice to any other rights or remedies that either Infinity Medical Concierge or the Member may be entitled to under these Terms and Conditions or at law, and will not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
14.1. In the event of there being any dispute or difference between Infinity Medical Concierge and the Member arising out of these Terms and Conditions, the said dispute or difference shall on written demand by either Infinity Medical Concierge or the Member be submitted to arbitration in Johannesburg in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”), which arbitration shall be administered by AFSA.
14.2. Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, or should AFSA refuse to accept the particular request for arbitration for whatever reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration (as last applied by AFSA) before an arbitrator appointed by agreement between Infinity Medical Concierge and the Member or failing agreement within 10 business days of the demand for arbitration, then either Infinity Medical Concierge or the Member shall be entitled to forthwith call upon the chairperson of the Johannesburg Bar Council to nominate the arbitrator, provided that the person so nominated shall be an advocate of not less than 10 years standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of Infinity Medical Concierge and the Member failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on Infinity Medical Concierge and the Member.
14.3. Either Infinity Medical Concierge or the Member may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration.
14.4. Nothing herein contained shall be deemed to prevent or prohibit either Infinity Medical Concierge or the Member from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.
14.5. Any arbitration in terms of this clause 14 (including any appeal proceedings) shall be conducted in camera and details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration, shall be confidential and shall be treated as such.
14.6. This clause 14 will continue to be binding notwithstanding any termination or cancellation of the Member's Membership.
14.7. The written demand by either Infinity Medical Concierge or the Member in terms of clause 14.1 that the dispute or difference be submitted to arbitration, is to be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, No 68 of 1969.
