Terms and Conditions

Terms & Conditions

Summary of what's new

The EMGuidance Platform has evolved and now includes, messaging, public profile management and clinical tools that could transmit patient information. Hence we've made some updates to our Terms & Conditions. These changes will go into effect on 9th of Sept 2025. By continuing to use our service after this date, you agree to these new terms. We encourage you to read this in detail.

To make things clearer and easier for you here’s a quick summary of what's new:

New features and functions: 

We’ve clarified the terms of use for our new messaging system.

Clarification to Our Payment Policies: 

We’ve simplified our policies regarding academy charges and refunds. This makes it easier to manage your account and understand the billing and refund process.

Clarification of the Profile area: 

We’ve added more details on how we collect profile information and how you can share areas of your profile with the broader community.  

Please take a moment to read the full updated Terms and Conditions below.

If you have any questions, feel free to contact our support team at Support@emguidance.com .

 

Thanks for being a part of our community!

The EMGuidance Team

09Sept2025

Full EMGuidance Terms & Conditions

1. INTRODUCTION 
2. DEFINITIONS AND INTERPRETATIONS 
3. SCOPE OF THE TERMS OR SERVICES 
4. HOW TO DOWNLOAD THE APP OR ACCESS THE WEBSITE 
5. ACCEPTANCE OF THE TERMS 
6. HOW TO REGISTER 
7. YOUR ACCOUNT 
8. USE OF MOBILE DATA 
9. THE CONTENT 
10. INFORMATION THAT YOU PROVIDE 
11. GRANT AND SCOPE OF LICENCE TO USE THE APP 
12. MODULE SPECIFIC TERMS - MESSAGING
13. MODULE SPECIFIC TERMS - PROFILE
14. PAYMENT TERMS AND REFUND POLICY
15. INTELLECTUAL PROPERTY RIGHTS 
16. COLLECTION OF DATA 
17. GENERAL PRACTICES REGARDING USE AND STORAGE 
18. PROTECTION OF PERSONAL INFORMATION 
19. EQUIPMENT 
20. ADVERTISING AND PROMOTION 
21. DISCLAIMERS 
22. LIMITATION OF LIABILITY 
23. INDEMNITY 
24. TERMINATION 
25. COMMUNICATIONS 
26. IMPORTANT TERMS 

 

NOTE:These Terms apply to your use of the Essential Medical Guidance Platform and the Services. Please read these Terms carefully before registering a profile on the platform.

Please note that the EMGuidance platform may only be accessed by authorized users defined as registered Healthcare Professionals, Healthcare Students, Industry Partners and demo users for limited demonstration access. If you are not an authorized user you may not proceed to use the platform. If you do proceed with creating a profile and accepting these Terms and Conditions, you do so at your own risk and EMG Technologies Proprietary Limited shall not be liable to you in any manner whatsoever arising out of any cause or action.

INTRODUCTION

EMG Technologies Proprietary Limited (registration no. 2016/083286/07) with registered office at West Tower, 2nd Floor, Nelson Mandela Square, Maude Street, Sandown, Johannesburg, 2146, Gauteng, South Africa, ("EMG"; "we" or "us") has developed the mobile and web based software application and associated media known as "Essential Medical Guidance Platform" or “EMGuidance” ("Platform") for Healthcare Professionals and Students.

These terms and conditions of use ("Terms") constitute a legally binding agreement between EMG and Registered Users (including users who may not yet be registered as a "Registered User") ("you" or "your") regulating your use of the Platform.

We license the use of the Platform to you on the basis of these Terms. The use of the Platform is also subject to any rules or policies applied by any application store provider or operator ("Appstore Rules") from whose website you download the App ("Appstore").

We do not sell the Platform to you under these Terms and we remain the owner of the Platform at all times.

You accept and agree that making use of the Platform signifies your agreement with these Terms and your acceptance that these Terms shall apply even where the Platform's content is provided by or belongs to our Content Providers, partners, third-party providers, advertisers, or any other party.

Should you not agree to these Terms, you will not be able to access the Platform and/or the Content. This includes any Content which has been copied or cached by you.

You must ensure that anyone accessing the Platform via your account complies with the Terms.

DEFINITIONS AND INTERPRETATION

In these Terms, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:

"Clinical Recommendations" means systematically developed statements and recommendations (including clinical guidelines and practices, standard treatment guidelines and practices and treatment protocols) that have been verified by a Content Provider to have the necessary efficacy and to be compliant with applicable laws. Clinical Recommendations are intended to optimise patient care and may assist Healthcare Professionals in determining an appropriate healthcare option at the point-of-care;

"Consumer Protection Act" means the Consumer Protection Act 68 of 2008, as may be amended from time to time

"Content" means any and all materials such as written text, articles, photographs, sound clips, video clips or any other form of electronic communication as may exist now or in future that consist of (i) Clinical Recommendations; (ii) general medical information and practices; (iii) health system information; (iv) information on medicine and prescription guidelines, (v) medicine motivation assistance, (vi) patient education and (vii) other medical educational material and information;

"Content Provider" means institutions, Medical Writers and Medical Professionals who developed the Content;

"Destructive Code" means any 'viruses', 'trojan horses', computer code, malware, instructions, devices or other materials designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Device, Technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof;

"Device" means a mobile device which is capable of connecting to the Internet, and shall include mobile phones, tablets and other devices;

"ECT Act" means the Electronic Communications and Transactions Act, 25 of 2002, as may be amended from time to time;

"Healthcare Professionals" means all Healthcare Professionals that are registered with the appropriate professions council in South Africa.  Examples of councils include, HPCSA, SAPC and SANC;

"Healthcare Students” means all Healthcare Students that are registered with the appropriate university and/or professions council in South Africa; 

“Health Professions Act” means Health Professions Act 56 Of 1974;

“Industry Partner” means a customer of EMGuidance;

"Intellectual Property Rights" means all intellectual property rights of whatsoever nature anywhere in the world, including (without limitation) copyright and related rights, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, logos, brand names, trademarks, trade names and service marks, goodwill, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, and including all rights to recover damages for the breach, infringement, or misappropriation of any such intellectual property rights;

"Internet" means the global electronic communications network providing a variety of information and communication facilities, consisting of interconnected networks using standard communication protocols;

“Medicines Act” means Medicines Act 101 of 1965;

"Pending Registered Users" means Healthcare Professionals who have registered to use the Platform and whose registration details have yet to be verified and who have limited access to the platform;

“Pharmacy Act” means Pharmacy Act 53 of 1974;

‘’POPIA’’ means Protection of Personal Information Act, No. 4 of 2013;

"Registered Users" means Pending Registered Users and Verified Registered Users collectively;

"Services" means medical information provided by EMG to Registered Users through the Platform, including the services as set out in paragraph 3 below;

"Technology" means any software, systems, applications, platforms, devices, technology and the like, of any kind and in whatever form;

"Updates" means corrections of inherent errors in the Platform and any changes or improvements made to the Platform which result in the addition of functions or features not present in the Platform at the date of conclusion of these Terms;

"Upgrades" means new versions of the Platform, or portions thereof which incorporate new or enhanced functionality which result in major change in the Platform;

"Verified Registered Users" means Healthcare Professionals who have registered to use the Platform, whose registration details have been verified by EMG and who will have access to the Platform.

References to the singular includes the plural and vice versa. Clause headings are for convenience and not to be used in interpreting these Terms.

The words 'including' or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word. The word (i) 'including' means 'including but not limited to'; (ii) 'include' means 'include but is not limited to'; and (iii) 'includes' means 'includes but is not limited to'.

Where any number of days is given, those days are counted to exclude the first day but include the last day.

SCOPE OF THE TERMS AND SERVICES

The entire Platform may only be accessed by Verified Registered Users. If you are not a Verified Registered User you will have limited access to  Platform while you are being verified. If you do use the Platform and accept these Terms, you do so at your own risk and EMG shall not be liable to you in any manner whatsoever arising out of any cause or action.

EMG provides Verified Registered Users with access to a wide array of resources which is provided via the Platform (or such other mediums and devices hereinafter developed by EMG). These resources include, without limitation, news, tools and applications, communication tools (to the extent available), including Content obtained from our Content Providers.

The Platform enables Verified Registered Users to view and access, via mobile phones and other devices, the following:

• news and educational content
• clinical tools;
• medicines library;
• guidelines
• patient education
• medicines motivation assistance
• interaction checker
• EMG academy
• webinars
• other user profiles on the platform 
• referral tool 
• Messaging between users
• Creation of groups for messaging
• Posting of News and work listings

The content is clearly distinguished between sponsored and non-sponsored. Note, certain user roles have limited access to sponsored content and features. (collectively the "Services").

HOW TO DOWNLOAD THE APP OR ACCESS THE WEBSITE

The Platform is available via a web browser at www.emguidance.com or as a mobile app (EMGuidance) via your relevant App store.

We do not warrant that the Platform will be compatible with, nor that it will operate with every type of Device. Certain Devices and operating software may not work with the Platform due to limitations or constraints specific to the Device or the software.

We will not be responsible for your inability to access the Platform (i) due to limitations specific to your Device; (ii) issues pertaining to your software; (iii) the internet as a whole; (iv) your data contract; (v) any act or omission of your data service provider; or (vi) any malfunction or unavailability of any telecommunication facilities, services, products and other equipment which are needed to access the internet or download the App. We are also not responsible for any jitters or lags etc. that you may experience with the Platform.

You acknowledge that, in order for the Platform to load and/or to function, you are fully responsible for:

finding out whether your Device is appropriate and compatible with the Platform; and

the continued functionality of the Device on which the Platform has been installed and downloaded, including for ensuring that the Device is (i) in good working order; (ii) at all times updated to run on the latest version of your operating system; and (iii) operating in accordance with the relevant Device manufacturer's specifications.

To access the Platform you must have a Device that is able to connect to the Internet.

You, at your own cost, are responsible for obtaining and maintaining:

the Devices,

adequate and reliable Internet access from a suitable service provider; and

all telecommunication facilities, services, products and other equipment needed to access the Internet or to download the Platform.

If the Device does not belong to you, you hereby confirm and promise that you have obtained permission from the owners of the Device to download or install the Platform onto the relevant Device and to use the Platform subject to these Terms. You and/or they may be charged by the relevant service provider for Internet access on the Device.

You accept responsibility in accordance with these Terms for the use of the Platform on or in relation to any Device, whether or not it is owned by you. We are not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Device.

For the mobile application, you must download and install the App onto your Device from the relevant App Store.

You acknowledge that the display, layout, look and feel of the content of the Platform may differ depending on the Device being used to access the Platform.

You will only be able to access the Services via the Platform. You must register and create an account to allow you to access the Services.

ACCEPTANCE OF THE TERMS

You must agree to these Terms if you want to use the Platform and Services.

By accessing the Platform and clicking on the button next to the words "I ACCEPT" you agree to these Terms and this will become a binding legal contract between you and us.

If you do not agree to these Terms you can terminate the registration process and we will not license the Platform to you.

We may change the provisions of these Terms at any time by sending you an email with details of the change or notifying you of a change the next time you load the Platform. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

HOW TO REGISTER

Registration for Healthcare Professionals and Healthcare Students

Once you have downloaded the App or accessed the Platform via a web browser, you must register to use the Services.

You must be 18 (eighteen) years or older and a Healthcare Professional or Student to be able to register to use the Services.

As part of the registration process, you will be required to create a user account. Once your details are verified by our team, you will become a "Verified Registered User”. You can do this by completing the electronic registration form which will include:

creating a password; and

providing us with all the information we require, including but not limited to your first name, last name, email address, registration number, professional council, professional role and speciality, work site and area of interest.

We will contact you to obtain more information to enable us to verify your professional registration. If we are still unable to verify your professional details, you will be restricted from accessing the Platform.

Once you have provided us with your registration details and agreed to these Terms by clicking on the "I Accept" button, we will confirm your registration by sending you a confirmation email.

All the information that you give to us must be truthful, accurate and complete. This also includes the information that we request you to provide in the registration process and at any time after that. Your registration can also be rejected if you fail to properly complete the electronic registration process.

Registration for Industry Partners and demo users for limited demonstration access

Once you have downloaded the App or accessed the Platform via a web browser, you must register to use the Services.

You must be 18 (eighteen) years or older and be an approved EMGuidance industry partner or authorized demo access requestor.

As part of the registration process, you will be required to create a user account. Once your details are verified by our team, you will become a "Verified Registered User”. You can do this by completing the electronic registration form which will include:

creating a password; and

providing us with all the information we require, including but not limited to your first name, last name, company email address, and company details.

Once you have provided us with your registration details and agreed to these Terms by clicking on the "I Accept" button, we will confirm your registration by sending you a confirmation email.

All the information that you give to us must be truthful, accurate and complete. This also includes the information that we request you to provide in the registration process and at any time after that. Your registration can also be rejected if you fail to properly complete the electronic registration process.

Once you register as an industry partner user, you may use the Platform for as long as you remain an employee of the company under which you registered. Should you change employment, you will no longer be able to use the platform.

Updating your details

You must notify us if the information you give to us changes or if details we have for you change, or if they are incorrect or incomplete.

You will be able to edit your own details when you log into your user account.

We will use and rely on the most recent details which you have provided to us. It is your responsibility to update us if the details we have for you change or if they are incorrect or incomplete. If you do not update us, we will continue to use and rely on the most recent details which you have provided to us.

In line with POPIA, Medicines Act, Health Professions Council Act and Pharmacy Act, to ensure information quality, EMGuidance will review your professional registration details with the relevant professional council on a regular basis to update your records to the latest council information and other sources.

YOUR ACCOUNT

After you have completed the registration process described in paragraph 6 above, we will create your account.

You will need to use your email address and password in order to access your account and to use the Services.

Keeping your account secure and your password secret

You must keep your password secret.

You are responsible for all use of your user account and your password.

If you forget your password, or you want to change your password, you can do so by logging on to the Platform and selecting the "forgot password" button.

Whenever a person uses the Services, or performs any other act, with your password or through your account, we will treat this as if it was done by you and with your approval.

You must take all reasonable and appropriate measures not to share, display in public, or make your password and registration details available to any person who is not authorised to access your account.

You must notify us immediately by sending us an email at support@emguidance.com if you suspect that another person has obtained unauthorised access to your account, or password, or if you are aware of any unauthorised use of your account or password. You will be responsible for changing your privacy settings on your account as soon as you become aware of any unauthorised access or use.

You accept that we cannot protect you if you do not keep your password secret or if someone obtains unauthorised access to your account.

As far as the law allows, we will not be responsible for any loss or damage which you may suffer if any other person uses your password or accesses your account or the services using your account, without your approval and consent.

USE OF MOBILE DATA

It is important to note that the app uses Mobile data in the ‘background’ for content updates, in addition to using data to perform registration and download content initially. Generally, most of the content on the APP is downloaded after registration or upon user-initiated new content downloads. Thereafter the content is viewed offline and background updates occur as required.

THE CONTENT

The Content that we make available through the Services is intended for Healthcare Professionals.

We may update the Content on the Platform from time to time, however, this is dependent on maintaining agreements with our Content Providers.

The Services are not meant to serve as a substitute for your own clinical judgment as a Healthcare Professional and you should evaluate and independently verify the information and results from the Services that EMG provides to you through the Platform. We do not provide professional medical or other advice or recommend particular products or medicines through our Services in any manner whatsoever. You acknowledge and agree that you are using the Platform at your own risk and you should not rely on that information as professional medical advice.

INFORMATION THAT YOU PROVIDE

See our Privacy Policy (paragraph 15 below) for an explanation of how we use information that you provide to us and your rights to change or delete it. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Services, or your or third parties' use or misuse of information transmitted or received using the Services.

GRANT AND SCOPE OF LICENCE TO USE THE APP

Licence

We grant you a non-transferable, non-exclusive, non-sublicensable revocable license to download, install and use the Platform on the Devices subject to these Terms and the App Store Rules.

Updates and Upgrades

We may make Updates and Upgrades to the Platform, available from time to time, free of charge, unless such Updates and Upgrades to the Platform enables a feature of the Platform that you will be charged for.

You will be required to download and install the Updates and Upgrades from the App Store in order to continue to use the Platform.

Depending on the nature of the Update or Upgrade, you may not be able to use the Platform until you have downloaded the latest version of the Platform.

The Updates and Upgrades will be subject to the same terms and conditions as contained in these Terms, unless we specify otherwise.

Licence Restrictions

Except as expressly set out in these Terms or as permitted by law, you agree:

that the licence to use the Platform is for your personal and non-commercial use only. You may view the Content, save to favourites, share or print individual articles for backup or archival purposes only. All copies of the Content provided through the Services must include any trademark or copyright notices or disclaimers, and you may not remove any trademark or copyright notices or disclaimers from our or our Content Providers' Content. We and our Content Providers reserve all other rights not granted in these Terms;

that non-commercial use, which is prohibited, includes but is not limited to use of the Platform as a reference source for l commercial market research activities, or for the purposes of pharmaceutical industry competitive product research

not to copy the Platform except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;

not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform;

not to make alterations to, or modifications of, the whole or any part of the Platform or the Content or permit the Platform or the Content or any part of it to be combined with or become incorporated in, any other programs;

not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or the Content or the Technology forming part of the Platform or attempt to do any such thing;

to keep all copies of the Platform secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Platform;

not to provide or otherwise make available the Platform, in whole or in part (including any object code) in any form to any person, unless you have received  prior written consent from us; and

to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform.

(the "Licence Restrictions").

If you modify or attempt to modify your Device in any way or use software that is designed to modify your Device, override, or disable any security features on your Device or its operating system, you acknowledge that you do so at your own risk. There are security features included in the Platform which are designed to operate with the Device according to the manufacturer's specifications. Modifying the Device or its operating system may also result in the Platform not working at all.

Acceptable Use Restrictions

You may not:

use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting Destructive Code into the Platform or any operating system;

infringe our Intellectual Property Rights or those of any third party in relation to your use of the Platform;

transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;

introduce any Destructive Code into the Technology used by us or any other person, including in the Platform;

use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

collect or harvest any information or data for an attempt to decipher any transmissions from the servers or systems which run the Platform.

Interaction Checker

The Interaction Checker information is provided by A-Z of Medicines.

This information is intended for use by health professionals and has been specifically compiled for purposes of providing such health professionals with relevant, referenced information about medication or related matters. Neither EMG technologies, nor A-Z of Medicines, from whom EMG technologies obtained the data comprising the information, have performed any independent analysis or investigation to determine the correctness or accuracy of the data, and do not warrant that it is correct or accurate.

By making this information available, neither EMG technologies nor A-Z of Medicines is endorsing or advocating the use of any medication described, nor are we responsible for misuse of a medication due to, or other consequence of, any typographical error or other inaccuracy. Additional information on any medication may be obtained from the manufacturer.

It is strongly recommended that you independently verify any interpretation of this information. Where you use this information, you shall be fully responsible for your interpretation of the information and shall rely on your own professional judgement in using this information. It is also strongly recommended that users independently verify the information to ensure it is appropriate for your purposes and within your region.

This information is provided on an “as is” basis. Neither EMG technologies nor A-Z of Medicines make any representations, conditions, warranties or guarantees, whether express or implied, that this information is accurate, complete, up-to-date or fit for any particular purposes. Any statements made to the contrary are void.

Your reliance upon information obtained by you by accessing our products and services is solely at your own risk. Neither EMG technologies nor A-Z assume any liability or responsibility for damage or injury to you, other persons, or property arising from any use of the information.

 

MODULE SPECIFIC TERMS - MESSAGING 

EMGuidance is built on a shared commitment to improving patient outcomes and advancing medical knowledge through professional cooperation. Our platform was created with the vision of empowering healthcare professionals by providing them with tools that enhance their ability to connect, consult, and collaborate effectively. EMGuidance Messenger represents our commitment to facilitating seamless, secure, and swift communication between colleagues, enabling you to share expertise, seek guidance, coordinate care, and build the professional networks that strengthen our healthcare community, while ensuring that all communications remain professional, secure, and compliant with applicable law and the highest standards of medical practice.

Acceptance and scope of terms

These module-specific terms and conditions ("Terms") govern your use of EMGuidance Messenger, including related services and functionality. 

By accessing or using EMGuidance Messenger, you agree to be bound by a) these Terms, b) the general terms of service for the EMGuidance Platform, and c) the EMGuidance Privacy Policy, all of which are incorporated herein by reference. 

If you do not agree to these Terms, you must not use EMGuidance Messenger.

Definitions

"Audio/Video Communications" means voice calls, video calls, and any related features including screen sharing, call recording, or other real-time communication functionality provided through EMGuidance Messenger.

"Content" means any text, images, files, documents, or other materials transmitted through EMGuidance Messenger.

‘’EMGuidance Platform’’ means EMG’s proprietary digital medicines information platform, including all modules, and all software, computer programs, code, application programming interfaces (APIs), processes, methodologies, algorithms, graphical user interfaces, databases, data, graphics, images, text, video, audio  or other original works, all user documentation, API documentation, or other documentation that has been developed or will be developed to support the use and operation of the platform; and all associated Intellectual Property Rights; and includes any customisations, modifications, adaptations, derivative works, updates, upgrades, and new version releases relating to the platform that EMG develops and deploys from time to time.  

"Group" means a communication channel within EMGuidance Messenger where multiple users can participate in collective messaging, audio/video communications, and content sharing.

"Group Administrator" or "Group Admin" means a User who has administrative privileges within a Group, including the ability to add or remove members, modify group settings, and moderate group communications.

"Group Member" or "Group Participant" means any User who has been added to and participates in a Group, including both administrators and regular participants.

"Healthcare Professional" means an individual licensed, certified, or otherwise authorized to provide healthcare services in their jurisdiction.

"Message" means any communication sent through EMGuidance Messenger, including text messages, file attachments, and any other form of electronic communication.

"Health-related Personal Information" means personal information relating to the physical or mental health, well-being, or disability of an identifiable person, including information regarding healthcare services provided to that person, treatment, or stay in a health establishment, as contemplated under the Protection of Personal Information Act 4 of 2013 ("POPIA") and the National Health Act 61 of 2003. 

"User" means a Healthcare Professional whose identity and professional credentials have been verified by EMG according to the EMGuidance Platform's verification procedures.

Eligibility and account requirements

EMGuidance Messenger is available exclusively to Users only. 

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

You agree to provide accurate, complete, and current information during registration and to update such information as necessary to maintain its accuracy.

 

Permitted uses and User conduct

EMGuidance Messenger is intended for professional communications between Users, including but not limited to:

• Professional consultations and referrals;
• Sharing of clinical knowledge and expertise;
• Coordination of patient care (in compliance with applicable privacy laws);
• Educational discussions and professional networking.

You agree to maintain the highest standards of professional conduct and ethics when using EMGuidance Messenger, including compliance with all applicable professional codes of conduct issued by the HPCSA or other relevant regulatory bodies, the National Health Act 61 of 2003, the Medicines and Related Substances Act 101 of 1965, the Electronic Communications and Transactions Act 25 of 2002, and all other applicable South African healthcare regulations and legislation. 

The EMGuidance Messenger is not intended for emergency communications. You acknowledge that messages may not be received or responded to immediately and that Audio/Video Communications are not suitable for emergency medical situations; and you agree not to use the EMGuidance Messenger for urgent medical situations requiring immediate attention or to rely on these features for urgent medical communications where delays or technical failures could impact patient safety.

If you use EMGuidance Messenger for telemedicine or remote healthcare consultations, you agree to comply with all applicable guidelines issued by the HPCSA and the Department of Health regarding telemedicine practice, including requirements for patient consent, record-keeping, and appropriate standards of care.

Pharmacovigilance is the responsibility of Users. Users must report any detected or reported adverse effects of any medical drugs to the relevant pharmaceutical manufacturer, supplier and SAPHRA within 24 hours on Monday-Friday and within 72 hours on a Saturday and Sunday. EMG does not access or review communications via EMGuidance Messenger and therefore does not and cannot accept any responsibility for reporting any adverse drug reactions or for carrying out any pharmacovigilance in any manner or form.

You can report to SAPHRA here:​​​​​​

• Email: adr@sahpra.org.za
• Online: Via SAHPRA’s eReporting/VigiFlow® system.
• Additional guidance: Report product quality issues and include the batch/lot number of the suspected medicine.
• Resources: The detailed guideline and ADR Reporting Form are available on the SAHPRA website.

To ensure optimal service performance for all users and to maintain the professional nature of the platform, we ask that you use EMGuidance Messenger thoughtfully and proportionately. Excessive messaging activity, such as sending unusually high volumes of messages, mass messaging to multiple recipients, or automated messaging patterns, may impact service quality for other healthcare professionals. 

We reserve the right to monitor usage patterns and, where necessary, implement reasonable restrictions on messaging volume or frequency to protect the integrity of this service and to ensure fair access for all users. 

Prohibited uses

You agree not to use EMGuidance Messenger for any unlawful or improper purpose, including but not limited to the following:

• engaging in any unlawful activity or violation or contravention of any applicable law;
• sending harassing, threatening, defamatory, or otherwise inappropriate messages;
• transmitting content that is obscene, pornographic, or sexually explicit;
• engaging in bullying, intimidation, or unprofessional behaviour;
• misrepresenting your identity, credentials, affiliations, or the nature of any medical advice or information provided;
• providing medical advice or treatment recommendations outside the scope of your HPCSA registration or other applicable professional registration, or to individuals in jurisdictions where you are not registered to practice;
• sending unsolicited commercial messages, spam, or advertisements not related to the EMGuidance Platform or any EMGuidance commercial modules;
• using EMGuidance Messenger for direct marketing or promotional activities without express consent from the recipient;
• recording Audio/Video Communications without proper consent from all participants, or sharing, distributing, or publishing recordings of Audio/Video Communications without consent;
• engaging in inappropriate conduct during video calls, or conducting calls in environments that compromise patient confidentiality or professional standards;
• attempting to gain unauthorized access to EMGuidance Messenger or its underlying functionality, or any other users' accounts;
• using automated systems, bots, or scripts to access or interact with EMGuidance Messenger;
• interfering with or disrupting EMGuidance Messenger’s operation or security.

Content and data

You are solely responsible for all Content you transmit through EMGuidance Messenger. You represent and warrant that you have all necessary rights to share such Content and that your use of EMGuidance Messenger for this purpose does not violate any third-party rights, including intellectual property rights.

We may disable access to EMGuidance Messenger if any Content is reported that violates these Terms.

We will retain message data in accordance with our Privacy Policy and applicable legal requirements. You acknowledge that deleted messages may remain in our systems for technical and legal compliance purposes.

You are responsible for maintaining your own copies of important Content. We do not guarantee the permanent availability or recoverability of any Content transmitted through the Service.

Audio and Video Communications

EMGuidance Messenger includes Audio/Video Communications functionality to enhance professional collaboration between Users. These features are intended for legitimate professional purposes only, including consultations, case discussions, educational sessions, and other healthcare-related communications. You acknowledge that Audio/Video Communications may involve the processing of additional personal information including voice patterns, facial images, and environmental context.

Where EMGuidance Messenger provides a recording feature, you may only record calls with the explicit, informed consent of all participants. You must obtain clear verbal or written consent from all participants before initiating any recording; clearly announce when recording begins and ends; inform participants of the purpose for recording and how the recording will be used, stored, and shared; comply with all applicable data protection requirements under POPIA for any recordings containing personal information. If you do not obtain consent from all participants, you are strictly prohibited from recording, capturing, or storing any Audio/Video Communications by any means, including but not limited to screen recording software, external recording devices, or third-party applications.

When participating in Audio/Video Communications, you must ensure that you do not compromise patient confidentiality or professional standards.

You acknowledge and agree that Audio/Video Communications quality depends on various factors including internet connectivity, device capabilities, and network conditions. We do not guarantee continuous, uninterrupted, or error-free audio/video service. We are not liable for any consequences arising from technical failures, poor call quality, dropped connections, or other technical issues during Audio/Video Communications. You are responsible for ensuring your devices used for Audio/Video Communications are secure and that unauthorized persons cannot access ongoing calls.

If you use Audio/Video Communications for patient consultations or telemedicine purposes, you must comply with all HPCSA guidelines for telemedicine, including requirements for patient identification, consent (including consent for the use of audio/video technology), documentation, record-keeping, data processing, and maintaining appropriate clinical standards.

Group Communications

• Users may create Groups to facilitate multi-party communications. The User who creates a Group automatically becomes the Group Administrator and assumes the responsibilities outlined in these Terms. 
• Groups must be created for legitimate purposes, including but not limited to case consultations, educational discussions, departmental communications, research collaborations, and professional networking activities.
• Group names and descriptions must be professional, appropriate, and clearly indicate the Group's purpose. Names or descriptions that are offensive, misleading, or unprofessional are prohibited.
• No User may be added to a Group without their explicit prior consent. Group Administrators must obtain clear, informed consent from prospective members before adding them to any Group. Group Members may withdraw their consent and leave a Group at any time. 
• Group Administrators must actively monitor group communications to ensure compliance with these Terms and maintain professional standards. This includes promptly addressing inappropriate content, unprofessional behavior, or violations of confidentiality.
• The Group Administrator and all Group Members jointly share responsibility for maintaining the professional standards when participating in a Group, including but not limited to respecting the confidentiality of all group communications, not sharing group content outside the Group without explicit consent from all relevant parties, ensuring patient confidentiality when multiple professionals are present, reporting any breaches of confidentiality or inappropriate sharing immediately.
• Each Group Member is individually responsible for their own contributions to group communications and may be jointly liable for participating in or encouraging inappropriate behaviour; failing to report known violations or misconduct; contributing to an environment that enables harm to others; sharing or endorsing inappropriate content.
• Group Members have a duty to report inappropriate behaviour or content to Group Administrators and to intervene appropriately when witnessing unprofessional conduct.
• Group Administrators may remove a Group Member from a Group where appropriate, including but not limited to any violations of these Terms or any group-specific rules, or for unprofessional, disruptive or inappropriate behaviour, or any breaches of confidentiality or privacy. 
• Group Administrators may dissolve groups, provided that they have given reasonable notice to all Group Members when possible, and taking into account the impact this may have on any ongoing professional collaborations.
• Group communication data may be retained according to our Privacy Policy and legal requirements, even after member removal or group dissolution.

 

Reporting abuse 

If you encounter any conduct that violates these Terms, including harassment, inappropriate content, misuse of EMGuidance Messenger, or any conduct that compromises the professional integrity of the EMGuidance Platform, please report it immediately to info@emguidance.com or through the reporting function within the EMGuidance Platform.

Upon receiving a report of abuse, we will promptly investigate the matter in accordance with our established procedures. During this investigation, we may temporarily suspend or restrict access to EMGuidance Messenger for the reported user to protect other users and maintain service integrity. 

If our investigation substantiates the reported abuse, we may take appropriate and proportionate action including, but not limited to, issuing warnings, implementing usage restrictions, temporarily suspending access, or permanently disabling access to EMGuidance Messenger or EMGuidance. Users whose access has been suspended or restricted will be notified of the action taken and, where appropriate, may request a review of the decision by contacting info@emguidance.com with supporting information. 

Privacy and data protection

• Your use of EMGuidance Messenger is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information.
• When using EMGuidance Messenger to transmit Health-Related Personal Information, you acknowledge and agree that:
• you are acting as a responsible party or operator under POPIA;
• EMG acts as an operator under POPIA and not as a responsible party;
• you will comply with all applicable requirements under POPIA or any other applicable privacy or data protection-related laws, the National Health Act 61 of 2003, and the Health Professions Act 56 of 1974;
• any Health-Related Personal Information transmitted must be necessary for legitimate healthcare purposes and in compliance with patient consent requirements;
• you will implement appropriate technical and organisational measures to ensure the security and confidentiality of Health-Related Personal Information;
• you acknowledge your obligations regarding patient confidentiality as prescribed by the National Health Act and your professional regulatory body.
• If your use of EMGuidance Messenger involves the transmission of Health-related Personal Information, we may at any time request that you provide us with sufficient evidence that you have permission or valid consent from the relevant data subject/patient whose Health-related Personal Information is transmitted or otherwise processed by you when using EMGuidance Messenger. 
• Participation in a Group necessarily involves sharing your identity and participation status with other Group Members. By joining a Group, you consent to this necessary processing of your personal information.
• Group communications may involve processing personal information of multiple individuals simultaneously, creating enhanced obligations for data protection and privacy. When Health-Related Personal Information is shared in Groups, all Group Members become data processors under POPIA and they must ensure that they meet applicable consent requirements before sharing any information with other Group Members. Each Group Member must implement appropriate safeguards for the information, and any sharing of personal information must be necessary and proportionate.
• You acknowledge that your data may be transferred to and processed outside of South Africa. Any such transfers will be conducted in accordance with POPIA's requirements for transborder information flows, including the implementation of appropriate safeguards where necessary.

 

Intellectual property

EMGuidance Messenger, including its software, design, and functionality, is owned by EMG, or its licensors, and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the EMGuidance Messenger and related services and functionality only in accordance with these Terms.

By transmitting Content through EMGuidance Messenger, you grant us and our service providers a limited, non-exclusive license to store, transmit, and display such Content solely for the purpose of providing EMGuidance Messenger and related services and functionality.

Any feedback, suggestions, or ideas you provide regarding EMGuidance Messenger may be used by us without restriction or compensation.

Security and technical requirements

We implement reasonable technical and organizational measures to protect the security of EMGuidance Messenger. However, you acknowledge that no electronic system is completely secure.

You agree to:

• use strong, unique passwords for your account;
• log out of your account when using shared or public devices;
• report any suspected security breaches immediately;
• keep your device software and security measures up to date.
• You are responsible for ensuring your devices and internet connection meet the technical requirements for using EMGuidance Messenger effectively.

 

Availability and support

We strive to maintain continuous availability of EMGuidance Messenger but do not guarantee uninterrupted service. EMGuidance Messenger or any related service or functionality may be temporarily unavailable due to maintenance, technical issues, or other factors beyond our control.

Technical support for EMGuidance Messenger is provided on a best effort basis.

We may update, modify, or discontinue features of EMGuidance Messenger at any time. We will provide reasonable notice of material changes when possible.

Termination

You may stop using EMGuidance Messenger at any time. Termination of your EMGuidance account will automatically terminate your access to the EMGuidance Messenger.

We may suspend or terminate your access to EMGuidance Messenger immediately if you violate these Terms, engage in conduct that we determine is harmful to other users or EMGuidance Messenger itself, or for any other reason at our sole discretion.

Upon termination, your right to access and use EMGuidance Messenger will cease immediately. Data retention following termination will be governed by our Privacy Policy and applicable legal requirements.

Disclaimers and limitations of liability

EMGUIDANCE MESSENGER IS A COMMUNICATION TOOL ONLY. EMG, AND EACH OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SERVICE PROVIDERS AND CONTRACTORS, DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT RECOMMENDATIONS. ALL MEDICAL DECISIONS REMAIN THE SOLE RESPONSIBILITY OF HEALTHCARE PROFESSIONALS AND THEIR PATIENTS.

EMGUIDANCE MESSENGER IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF EMGUIDANCE MESSENGER.

EMG'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO EMGUIDANCE MESSENGER SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE EMGUIDANCE SUBSCRIPTION IN THE 12 (TWELVE) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless EMG, its shareholders, directors, officers, employees, agents, and affiliates from and against all claims, liabilities, damages, losses, costs, and expenses arising from or related to:

• your use of EMGuidance Messenger, including Audio/Video Communications and Group features;
• your role as a Group Administrator, including any negligent administration or supervision of a Group;
• your participation in Groups and any misconduct or harm resulting from any Group communications;
• any breach of these Terms by you;
• your infringement of any rights of a third party; or
• any Content you transmit through EMGuidance Messenger.

Modification of these Terms

We may modify these Terms at any time by posting revised Terms on the EMGuidance Platform. Your continued use of EMGuidance Messenger after such modifications constitutes acceptance of the revised Terms.

 

MODULE SPECIFIC TERMS - PROFILE
Acceptance of these terms

By creating a profile on the EMGuidance Platform you agree to be bound by these Terms. If you do not agree to these Terms, you must not create a profile on the EMGuidance Platform.

Accuracy and truthfulness of information

You represent and warrant that all information provided in your profile created on the EMGuidance Platform is accurate, current, and truthful, including but not limited to information about your professional qualifications, experience, and credentials. You are and shall remain solely responsible for the accuracy of all profile information.

You shall immediately update your profile when any information or your circumstances change, including changes to employment, qualifications, or registration status.

You shall not exaggerate, misrepresent, or falsify any professional achievements, qualifications, or experience, and you shall ensure that all professional registration numbers and credentials listed in your profile are current and valid.

Professional requirements

• Your profile, and any information included in your profile, must comply with all applicable professional codes of conduct, including those issued by the Health Professions Council of South Africa (HPCSA) or any other relevant regulatory bodies. 
• You shall ensure that your profile, and all information provided in your profile, complies with advertising and self-promotion guidelines established by your professional regulatory body and respects patient confidentiality by not referencing specific patient cases or identifiable patient information.
• You shall not use your profile to directly advertise or market products or services, nor may you use the profile functionality to solicit business or clients inappropriately. Promotion of commercial activities outside the scope of legitimate professional networking is prohibited. You may not include pricing information for services or consultations in your profile, as profiles are intended for professional networking rather than commercial solicitation.
• You shall not claim any qualifications, registrations, or credentials that you do not possess, or misrepresent your current employment status or institutional affiliations.
• You shall not use any professional titles or designations that you are not entitled to use and from creating profiles that impersonate other healthcare professionals. 
• Any attempt to misrepresent your professional status, qualifications, or affiliations constitutes a material breach of these Terms.
• You shall not include in your profile any copyrighted images, logos, or content without proper authorization from the rights holder. You are prohibited from using institutional logos or branding without explicit permission from the relevant institution. You may not include publications, research, or content that you did not create or for which you do not have appropriate usage rights. Professional photographs taken by others may not be used in your profile without express permission from the photographer or rights holder.
• Profiles must not reveal confidential information about current or former employers, including internal institutional policies, procedures, or sensitive information. You are strictly prohibited from including patient information or case details in your profile, even if anonymized or de-identified. 
• When listing continuing education or professional development in your profile, you may only include completed programs for which you have received proper certification. You shall not claim credentials for incomplete or non-accredited programs. Misrepresentation of educational achievements constitutes a violation of these Terms and may result in your profile being suspended or removed from the EMGuidance Platform.
• When listing research or publications in your profile, you may only include work where you are a legitimate author or contributor. You shall not misrepresent your role in collaborative research or claim authorship of work you did not contribute to. Any violations of intellectual property rights or misrepresentation of research contributions constitutes a violation of these Terms and may result in your profile being suspended or removed from the EMGuidance Platform.

Disclaimer and indemnification

• EMG does not guarantee the accuracy of any profile information provided by users and cannot verify all professional claims or qualifications made in user profiles.
• EMG is not responsible for false or misleading profile information and encourages users to independently verify credentials for professional purposes. The creation of a user profile on the EMGuidance Platform does not constitute an endorsement or guarantee of professional qualifications or standing.
• While EMG reserves the right to review profile content for compliance with these Terms, we do not actively monitor or verify any profile information. Users are responsible for reporting inappropriate or false profile content through the designated reporting mechanisms. 
• EMG may remove profiles or profile content that violates these Terms, without liability. EMG’s right to monitor or remove content does not create an obligation to do so.
• EMG shall not be liable for harm caused by inaccurate or inappropriate profile information. 
• You agree to indemnify, defend, and hold harmless EMG, its shareholders, directors, officers, employees, agents, and affiliates from and against all claims, liabilities, damages, losses, costs, and expenses arising from or related to false or misleading information in your profile, intellectual property violations in profile content, defamatory statements about other professionals, violations of employment or institutional obligations, or misuse of profile functionality for inappropriate professional conduct. This indemnification obligation shall survive termination of your account or these Terms.

Profile visibility and privacy controls

You acknowledge that the EMGuidance Platform provides granular privacy controls that allow you to determine which information in your profile is visible to other verified users. You are solely responsible for setting and maintaining your privacy preferences according to your professional needs and comfort level. 

EMG is not responsible for any consequences arising from your privacy setting choices or for information that becomes public as a result of your privacy settings.

For more information, please consult the EMG Privacy Policy. 

 

PAYMENT TERMS AND REFUND POLICY

Payments

Payment Methods: EMGuidance accepts payment via credit card or other payment methods as specified on the EMGuidance platform.

Once-off Payments: EMGuidance may offer once-off payment options for certain products or services. These options will be clearly indicated on the EMGuidance platform.

Subscription Fees: EMGuidance offers access to certain products on a monthly or annual subscription basis, with fees payable in advance. The applicable fees are set out in the relevant product and order placed by you on the EMGuidance platform.

Late Payments: If any fee is not paid on time, EMGuidance may suspend your access to the product and/or platform until payment is made. If payment is not made by the end of the following month, EMGuidance may terminate your access to the product and/or platform.

Refunds

Subscription Refunds: You can request a refund of the unused portion of subscriptions paid in advance less any direct costs associated with processing such a refund.

Refunds for Once-off Payments: Refunds for once-off payments will be subject to:

the paid for product or service has not been accessed or used

E-books and digital services like online CPD accredited activities can unfortunately not be refunded

Refunds will be considered if:

The course was purchased in error.

The course content is materially misrepresented in its description.

Changes to Fees

EMGuidance may adjust subscription fees at its discretion by providing you with 30 days written notice.

Refund Process

Refund requests must be made within 7 days of purchase

All requests must be submitted to support@emguidance.com

Refunds are not guaranteed and are subject to approval based on eligibility criteria set in this policy

Refund decisions will be made within 10 business days.

If approved, refunds are issued back to the original payment method within 14 business days

Contact Us

If you have any questions or concerns about this Payments and Refunds Policy, please contact EMGuidance at support@emguidance.com.

Please note: This policy is subject to change at any time. You can review the most current version of this policy on the EMGuidance platform.

INTELLECTUAL PROPERTY RIGHTS
You acknowledge that:

all Intellectual Property Rights in the Platform, the Technology and any trademarks and Content used and/or displayed in connection with the Platform and/or the Services anywhere in the world belong to us or our Content Providers;

all rights in the Platform are licensed (not sold) to you, and you have no rights in, or to, the Platform or the Technology other than the right to use each of them in accordance with these Terms;

You have no right to have access to the Platform in source code form.

COLLECTION OF DATA

Technical and location data

By using the Platform or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for the Services that are internet-based or wireless to improve our products and to provide any Services to you.

Our platform contains clinical guidelines and medicine information sourced from governments, academic institutions and pharmaceutical companies. In South Africa, there is a set of legislation we need to follow to ensure compliance with regard to accessing medicines content. For this reason, upon initial sign-up to the application, we require your location to ensure that you have access to localised medicine information based on the country in which you are using the platform.

Our platform services will make use of location data sent to us from the Devices. You can turn off this functionality at any time by turning off the location services settings for the Platform on the Device. If you use these Services, you consent to us transmitting, collecting, maintaining, processing and using your location data to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device. However, there may be services that will not function with location services turned off.

We may use anonymous platform location data for statistical, research and commercial purposes. Anonymised platform location data does not have any unique personal information in these data records; in other words, the information cannot be used to identify you or your specific location.

Third-party sites

The Platform may contain links to other independent third-party websites ("Third Party Sites"). Third-party sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies. You will need to make your own independent judgment regarding your interaction with any third-party sites, including the use of any products or services accessible through them.

Consent to use of data for academic research

By using this Platform, you hereby consent to the use of information you provide and information generated by the software through your usage of the software, for the purposes of academic research and publication of such research on reputable scientific publication platforms. The information collected for the purposes of research will be collated in an electronic data repository. This repository is a secure repository housed within EMG’s secure technical hosting environment. This repository will be protected by the same security standards implemented for the rest of the EMG Platform. The repository excludes personally identifying data, namely: first name, last name, identification number, professional registration or student number or any other data which could be used to identify you personally. Anonymous profile data collected for the purposes of research include: type of Healthcare Professional, clinical interest area, location and main site of work. Anonymous software usage data collected for the purposes of research includes all types of clicking and viewing activity in the application. It is perceived that this data would drive valuable research in fields such as medical education. Data for research purposes will only be shared with researchers after formal ethics approval has been attained through a reputable ethics committee. Only data, excluding personally identifying information, will be shared with researchers. You may withdraw your consent at any time by sending an email to support@emguidance.com stating ‘withdraw my information for academic research or a similarly descriptive statement. There is no physical harm that could come to you by consenting to this research.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that uploaded Content (or other messages or postings) will be retained by the Services, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Services. You acknowledge that we reserve the right to modify these general practices and limits from time to time.

You expressly agree that we may preserve any transmittal or communication by you through the Services, or any service offered through the Services, and may disclose that information if legally required to do so or if we determine that the disclosure is reasonably necessary to enforce these Terms or to protect any rights hereunder or to respond to claims of wrongdoing by others.

PROTECTION OF PERSONAL INFORMATION

In accordance with the Protection of Personal Information Act, 4 of 2013 ("POPIA"), we recognise the importance of protecting your privacy in respect of personal information collected by us when you use the Platform.

By agreeing to these Terms, you agree to the provisions set out in this clause, read together with our Privacy Notice, and you consent to us collecting and using your personal information for the purposes set out in clause 15.6. If you do not agree to our use of your personal information as stated, you may not be able to use the Platform or enjoy its full functionality.

Should you decide to make use of the Platform and the Services, the types of personal information that we may collect from you include information necessary for our legitimate business interests. This may include (amongst other things) the following:

Full names

Email address

IP address/addresses

Browser details (processing via website)

Mobile Device details (processing via mobile app)

Professional registration number

Professional role

Professional role speciality

Worksite

Areas of Interest

Location

Practice information

Practice services 

Practice operating hours

Practice address

Practice social media links

Practice images

Practice admitting facilities

User qualifications

User work experiences

Courses

Awards and Honours

Publications

Medical scheme networks

Hospital admission networks

Messaging metadata

Audio and video communication metadata

Group membership and administration information

Abuse reports and investigation-related information

Real-time communication quality and technical data

We may collect your personal information in several ways, including when you register a user account, make use of the Services, browse the Platform or when we carry out surveys. The supply of your personal information is voluntary, however you acknowledge that we cannot make the Services available to you on the Platform if you do not wish to supply such personal information.

You agree to provide accurate, truthful and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle us, inter alia, to terminate your use of the Platform.

The purposes for which we will use your personal information are as follows:

To verify your professional council status to ensure that access is provided to registered healthcare professionals

To verify your location to ensure that you have access to localized medicine information

To personalize your experience of our services and products by using automated processing techniques;

To improve our services and products;

To improve our user support service, including to more effectively respond to your service requests and support needs;

To comply with our obligations under any law;

To send periodic emails and in-app communications about our other products and services;

To connect you to other users on our platform;

To share your details when you apply for a job through our platform;

To create a public profile for the public to engage with, you have full control on what is shown and what is not shown;

To create a platform profile visible to other healthcare workers, you have full control on what is shown and not shown;

We may use anonymous platform usage data for statistical, research and commercial purposes. Anonymized platform usage data does not have any unique personal information in these data records; in other words the information cannot be used to identify you.

Please note that we only collect and process your information for one or more of the above purposes and for no other purpose unless we have obtained your consent beforehand.

Should you no longer wish to receive email communications from us, you may unsubscribe by following the instructions at the bottom of the email sent. This excludes in-app communications. If you wish to cancel in-app messages or revoke consent to the terms & conditions, this will effectively mean that you do not require access to the platform anymore. In this event, to cancel your access to the platform, please send an email to support@emguidance.com.

We will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –

required in order to comply with applicable law, order of court or legal process served on us; and/or

disclosure is necessary to protect and defend our rights or property.

We will be entitled to disclose your personal information to those of our affiliates, agents, advisors, employees and/or third party service providers and suppliers (including payment providers) who assist us to interact with you via the Platform, mobile communications and/or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information. We will also share your personal information with government or law enforcement agencies where the law requires that we disclose your personal information, and where we have reason to believe that a disclosure of your personal information is necessary to identify, contact or bring legal action against a party who may be in breach of the Terms.

We will:

treat your personal information as strictly confidential;

take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

upon your request, promptly return or destroy any and all of your personal information in our possession or control.

We will only keep your personal information for as long as you are a registered user of the platform. Upon signing up to the platform, we verify you based on the information provided. If you are not verified we will keep your information for a limited time before deleting or destroying it, unless we need to keep it for longer for evidential reasons or to comply with our other legal obligations.

You may request access to the personal information which we collect from you, including to rectify the information, or object to its processing by sending an email to us at support@emguidance.com. You also have the right to lodge a complaint with the information regulator if you think we are in breach of any applicable data protection legislation.

We may, from time to time, transfer, store or host your personal information on servers outside of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such personal information.

We use cookies to make our website and our users' experience more efficient and to help us improve our services.

EQUIPMENT

When using the Services, information will be transmitted over a medium that may be beyond the control of EMG, our Content Providers or suppliers. Accordingly, neither EMG, the Content Providers, nor suppliers assume liability for nor relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access the Services and all charges related to the same.

ADVERTISING AND PROMOTION

EMG shall have the right to enter into agreements with advertising sales agencies which grant them the right to sell advertising on the Platform, including advertising for inclusion in any page or screen which includes the Content. Such advertisements shall not be juxtaposed with or appear to be part of the Content and neither the Content Provider or the creator of the Content or EMG certifies, endorses or guarantees the service or product so advertised on the Platform. It will always be clearly indicated to you if Content on the Platform has  been sponsored or paid for by a third party.

DISCLAIMERS

General Disclaimer

As far as the law allows, we do not warrant the accuracy, reliance and/or use of the Services and Content (or any other information provided to you as part of the Services) as being correct or up to date. It is your responsibility to verify the accuracy of the Content (or other information provided to you through the Services). We will not be responsible for any loss or damage suffered by you based on your reliance and/or use of the Services or Content or information provided via the Platform. You acknowledge and consent that you use the Platform, the Services and Content entirely at your own risk. Without limiting the foregoing, we make no representations or warranties about the (i) accuracy, reliability, completeness, correctness, or timeliness of the Services or Content; or (ii) satisfaction of any government regulations requiring disclosure of information on prescription medicine products or the approval or compliance of any software tools available through the Services.

As far as the law allows, the Platform is provided to you on an "as is" and "as available" basis and without any representation or warranty whatsoever, whether express, implied or statutory (including any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies).

As far as the law allows, we make no representations and give no warranties regarding (i) the operation, integrity, compatibility, availability or functionality of the Platform, or (ii) that the Platform will:

be available or accessible at 95% of all times, requiring a limited period of ‘downtime’ to address software or fixes.

be uninterrupted when used, timely, error-free or secure or free from Destructive Code; or

meet your individual requirements.

You assume all responsibility and risk for the installation, use and results obtained from the Platform.

Medical Disclaimer

The Platform contains Content and other general information about, amongst other, certain medical conditions, medicine and treatments. EMG provides the Platform, the Services and the Content for informational purposes only. EMG does not provide any medical advice on the Platform. Using, accessing and/or browsing the Platform (or providing personal or medical information to EMG) does not create a doctor-patient-relationship between you and EMG (the patient does not have direct access to the platform). Nothing contained in this Platform is intended to create a doctor-patient-relationship or to replace the services of a licensed, trained doctor or healthcare professional or to be a substitute for medical advice of a licensed, trained doctor or health care professional. The Content does not constitute medical advice, and should not be treated as such. The Content should be treated solely for information purposes and should not be considered as a substitute for professional medical advice, diagnosis, or treatment for which you need to use your own discretion and judgment.

The medicines information developed by the EMG team, is based on the most up to date information from a number of local and international medicine databases and sources. Users must be aware that the information displayed on the platform might not always align with medicines regulatory information in the user's specific country.

LIMITATION OF LIABILITY

You acknowledge and consent that you use the Platform, Content and the Services entirely at your own risk and that neither we nor our Content Providers, affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law may be liable to, will not, under any circumstances, be liable to you for any loss or damages (including, but not limited to, consequential, direct, indirect and special damages, personal injury or death, accuracy or completeness of information included in the Services or Content, punitive or incidental damages and damages or losses of any other kind).

Without limiting the generality of the aforesaid, you acknowledge and consent that neither we nor our affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law may be liable to, will not, under any circumstances, be liable to you for any loss or damages (including, but not limited to, consequential, direct, indirect and special damages, personal injury or death, accuracy or completeness of information included in the Services, punitive or incidental damages and damages or losses of any other kind)) or any other action arising from:

any defect, fault, malfunction and/or delay in your hardware and/or software;

any defect, failure, fault and/or delay in connectivity to the Internet;

your use of the Content;

to the extent allowed by law, any defect, failure, fault, delay or unavailability of the Platform, the Content and/or Services for any reason whatsoever;

viruses and/or spam that may infect your Device;

the Platform, the Content, the Services, our systems and/or your information held by us being compromised in any way; or

a third party gaining access to and using your information held by us.

INDEMNITY

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, Content Providers, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

TERMINATION

We may terminate our agreement with you immediately by written notice to you (i) if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 (fourteen) days after the service of written notice requiring you to do so; or (ii) if you breach any of the licence restrictions.

On termination for any reason:

all rights granted to you under these Terms shall cease;

you must immediately cease all activities authorised by these Terms;

you must immediately delete or remove the Platform from all Devices, and immediately destroy all copies of the Platform then in your possession, custody or control and certify to us that you have done so;

you agree that we may remotely access the Devices and remove the Platform from all of the Devices and cease providing you with access to the Services.

You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and neither we nor our Content Providers shall be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or any portion thereof.

COMMUNICATIONS

If you wish to contact us in writing, or if any term in these Terms requires you to give us notice in writing, you can send such communication by e-mail to support@emguidance.com. We will confirm receipt of your communication in writing, usually by email.

If we have to contact you or give you notice in writing, we will do so by email.

IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another entity, but this will not affect your rights or our obligations under these Terms.

While we will use our best efforts to ensure that the Platform operates as it was designed by us, we cannot warrant that the Services are compatible with, or will operate with your Device or any software/hardware that you have on your Device.

To protect your personal and confidential information it is your responsibility to protect your Device from access by other persons. You must immediately contact us if your Device is lost or stolen so that we can change your access codes (usernames and passwords) so that unauthorised persons cannot access the Services.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the clauses of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms, its subject matter and its formation, are governed by the laws of the Republic of South Africa.