Contents
  1. 1. Acceptance of Terms
  2. 2. Definitions
  3. 3. Description of the Service
  4. 4. Institutional Agreements
  5. 5. User Accounts & Access
  6. 6. Acceptable Use
  7. 7. Clinical Responsibility
  8. 8. Patient Information
  9. 9. Intellectual Property
  10. 10. Availability & Maintenance
  11. 11. Disclaimers
  12. 12. Limitation of Liability
  13. 13. Indemnification
  14. 14. Termination
  15. 15. Governing Law
  16. 16. Changes to These Terms
  17. 17. Contact Us
01

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the On Call Alerts mobile application, web portal, and any related services (collectively, the "Service"), provided by On Call Alerts ("we", "us", or "our").

By accessing or using the Service — whether as an individual user or on behalf of a healthcare institution — you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Service.

Important: The Service is intended for use by registered healthcare professionals and authorised institutional administrators within a healthcare setting. It is not intended for use by the general public or by unregistered individuals.

02

Definitions

In these Terms, the following words and expressions bear the meanings assigned to them:

03

Description of the Service

On Call Alerts is a real-time emergency communication platform designed for use in hospital emergency rooms and other acute care settings. The Service enables:

We reserve the right to modify, enhance, or discontinue features of the Service at any time, with reasonable notice to Institutions where changes are material.

04

Institutional Agreements

Access to the Service is granted at the institutional level. An Institution must enter into a separate written service agreement with On Call Alerts before any Users may be registered or granted access. These Terms apply to all Users provisioned under that institutional agreement.

Institution responsibilities

By entering into a service agreement and provisioning Users, the Institution agrees to:

Fees and billing

Subscription fees, payment terms, and billing arrangements are set out in the Institution's service agreement with On Call Alerts. These Terms do not override or replace those commercial terms.

05

User Accounts & Access

Each User is issued individual login credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must:

We reserve the right to suspend or terminate access to any account where there is evidence or reasonable suspicion of unauthorised use, breach of these Terms, or a risk to the security of the Service or its users.

06

Acceptable Use

The Service is provided solely for legitimate clinical communication and administrative purposes within your Institution. You agree not to:

Misuse of the Service in a clinical context — such as sending false or misleading Page Alerts — may endanger patient safety and may constitute a criminal offence or a breach of professional conduct obligations under the Health Professions Act or the Nursing Act. On Call Alerts reserves the right to report such conduct to the relevant authorities.

07

Clinical Responsibility

On Call Alerts is a communication and coordination tool only. It does not provide clinical decision support, medical advice, or diagnostic services of any kind.

All clinical decisions — including the decision to respond to a Page Alert, the prioritisation of patients, and the treatment administered — remain the sole professional responsibility of the qualified healthcare practitioners involved. The use of the Service does not alter, diminish, or substitute any professional duty of care owed by a healthcare professional to their patients.

On Call Alerts makes no representation that use of the Service will guarantee timely responses to Page Alerts, prevent adverse patient outcomes, or fulfil any regulatory or accreditation requirement. Institutions are responsible for maintaining appropriate backup communication protocols for use in the event of system unavailability.

08

Patient Information

The Service is designed and must be used in a manner that protects patient privacy. Page Alerts may include only de-identified clinical and operational information, specifically:

Users must not enter any personally identifiable patient information into the Service. This prohibition includes, without limitation, patient names, identity numbers, passport numbers, medical aid membership numbers, addresses, telephone numbers, and email addresses.

Compliance with this requirement is the joint responsibility of Users and their Institution. On Call Alerts accepts no liability arising from a User's or Institution's failure to observe this restriction. Any breach must be reported to the Institution's Administrator and addressed in accordance with the Institution's POPIA obligations.

09

Intellectual Property

All rights, title, and interest in and to the Service — including its software, design, branding, trade marks, logos, and documentation — are and remain the exclusive property of On Call Alerts or its licensors. Nothing in these Terms grants you any ownership right or licence in respect of our intellectual property beyond the limited right to use the Service as described herein.

You retain ownership of any Content you submit to the Service. By submitting Content, you grant On Call Alerts a limited, non-exclusive, royalty-free licence to store, process, and display that Content solely as necessary to provide the Service. We do not claim any ownership of your institutional data or audit records.

Any feedback, suggestions, or ideas you provide to us regarding the Service may be used by us without restriction or compensation to you.

10

Availability & Maintenance

We endeavour to maintain a high level of Service availability and reliability. However, we do not guarantee uninterrupted or error-free operation of the Service at all times. The Service may be temporarily unavailable due to:

Because the Service is used in a healthcare environment where communication is critical, Institutions must maintain independent backup communication protocols — such as telephone trees or paging systems — that can be activated in the event of Service unavailability. On Call Alerts is not liable for any harm arising from reliance on the Service as the sole means of clinical communication.

11

Disclaimers

To the fullest extent permitted by South African law:

12

Limitation of Liability

To the fullest extent permitted by applicable law, On Call Alerts, its directors, employees, agents, and service providers shall not be liable for any:

Where liability cannot be entirely excluded by law, our total aggregate liability to you or your Institution for any claim arising out of or in connection with these Terms or the Service shall not exceed the fees paid by your Institution to On Call Alerts in the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes our liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded under South African law.

13

Indemnification

You and your Institution agree, jointly and severally, to indemnify, defend, and hold harmless On Call Alerts and its directors, employees, agents, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

14

Termination

Termination by an Institution

An Institution may terminate its use of the Service in accordance with the notice provisions set out in its service agreement with On Call Alerts. Upon termination, all User accounts associated with that Institution will be deactivated.

Termination or suspension by On Call Alerts

We may suspend or terminate access to the Service, with or without notice, in any of the following circumstances:

Effect of termination

Upon termination, your right to access and use the Service ceases immediately. Audit logs and other data retained for legal or regulatory purposes will be handled in accordance with our Privacy Policy and any applicable data retention obligations. Provisions of these Terms that by their nature should survive termination — including Sections 9, 11, 12, 13, and 15 — shall continue to apply.

15

Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

In the event of any dispute arising out of or in connection with these Terms or the Service, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute is not resolved within thirty (30) days of written notice, either party may refer the matter to the courts of South Africa, which shall have exclusive jurisdiction.

Nothing in this clause prevents either party from seeking urgent interim or interdict relief from a competent court where necessary.

16

Changes to These Terms

We may update these Terms from time to time to reflect changes to the Service, our business practices, or applicable law. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify Institutions by email or through the Service.

Continued use of the Service after any revised Terms have taken effect constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must cease using the Service and notify your Institution's Administrator.

17

Contact Us

If you have any questions about these Terms, please contact us: