Med88 Terms and Conditions

South Africa General Terms and Conditions, Policies and Standard Operating Procedures

Revised and effective: 17 September 2026


1. DEFINITIONS AND INTERPRETATION

1.1. In this Agreement, unless the context indicates otherwise, the following words and expressions shall have the meanings assigned to them below:

Term Definition
"Agreement" These General Terms and Conditions, Policies and Standard Operating Procedures, together with any annexures, schedules, quotations, or service-level agreements incorporated by reference.
"AI Functionality" Any artificial intelligence or machine-learning feature within the Platform, including but not limited to document scanning, optical character recognition, data extraction, and auto-population of form fields.
"Authorised User" Any natural person who has been granted access to the Platform by the Client or Patient, including practitioners, receptionists, and administrative staff.
"Client" The healthcare practitioner, practice, or entity that subscribes to Med88 services for the purpose of receiving patient data through the Platform.
"Confidential Information" All information, whether written, oral, electronic, or visual, disclosed by one Party to the other in connection with this Agreement, including but not limited to Personal Information, business processes, pricing, technical specifications, and patient data.
"Data Protection Laws" The Protection of Personal Information Act 4 of 2013 ("POPIA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), and any subordinate legislation, regulations, codes of conduct, or guidelines issued thereunder.
"Effective Date" The date on which the Client or Patient first accepts these Terms and Conditions by registering on the Platform or by written acceptance of a quotation.
"HPCSA" The Health Professions Council of South Africa, established under the Health Professions Act 56 of 1974.
"Information Officer" The person designated by Med88 in terms of section 55 of POPIA, responsible for encouraging compliance with the conditions for lawful processing.
"Licence Fee" The recurring subscription fee payable by the Client for access to the Platform, as set out in the applicable subscription tier or quotation.
"Med88" or "the Company" Q88Link (Pty) Ltd, operating Med88, registration number 2022/592143/07, a company duly incorporated in accordance with the laws of the Republic of South Africa.
"Party" or "Parties" Med88 and/or the Client and/or the Patient, as the context requires.
"Patient" A natural person who registers a medical profile on the Platform and authorises the sharing of their Personal Information with one or more Clients.
"Personal Information" As defined in section 1 of POPIA, including but not limited to name, identity number, contact details, medical history, biometric information, and health-related data.
"Platform" The Med88 web application, mobile-responsive interface, APIs, and all associated infrastructure accessible at med88.live or such other domain as Med88 may designate from time to time.
"PMS" Practice Management System — any third-party software used by a Client to manage patient records, billing, and practice administration.
"Processing" As defined in section 1 of POPIA, including the collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, alteration, consultation, use, dissemination, distribution, merging, linking, restriction, degradation, erasure, or destruction of Personal Information.
"QR Code" The unique Quick Response code generated by the Platform for each registered Patient or Client practice, used to facilitate consent-based data sharing.
"Subscription Tier" The subscription arrangement applicable to the Client under clause 7 or an existing written agreement.

1.2. In this Agreement, unless the context indicates otherwise:

1.2.1. Words importing the singular shall include the plural and vice versa.

1.2.2. Words importing one gender shall include the other genders.

1.2.3. A reference to a natural person shall include a juristic person and vice versa.

1.2.4. Headings are for convenience only and shall not affect the interpretation of this Agreement.

1.2.5. Any reference to legislation shall include any amendment, re-enactment, or replacement thereof.

1.2.6. If any provision in a definition confers rights or imposes obligations on a Party, effect shall be given to it as a substantive provision of this Agreement.


2. INTRODUCTION AND SCOPE

2.1. Med88 provides a cloud-based digital patient medical profile and consent-driven data-sharing platform that enables Patients to create, maintain, and selectively share their medical profiles with healthcare practitioners via QR code technology.

2.2. These Terms and Conditions govern the relationship between Med88 and all users of the Platform, including Patients, Clients, and their Authorised Users.

2.3. By registering on the Platform, accessing any Med88 service, or accepting a quotation, the user agrees to be bound by these Terms and Conditions in their entirety.

2.4. Med88 reserves the right to amend these Terms and Conditions from time to time. Users will be notified of material changes via the Platform or by email. Continued use of the Platform after notification constitutes acceptance of the amended terms.


3. NATURE OF THE SERVICE

3.1. Med88 grants the Client and Patient a non-exclusive, non-transferable, revocable licence to access and use the Platform for the duration of the subscription period, subject to the terms of this Agreement.

3.2. The Platform is provided as a Software-as-a-Service ("SaaS") solution. No ownership of, or intellectual property rights in, the Platform or its underlying technology is transferred to any user.

3.3. Med88 retains all intellectual property rights in the Platform, including but not limited to source code, algorithms, user interface designs, documentation, trademarks, and trade secrets.

3.4. The Client and Patient shall not reverse-engineer, decompile, disassemble, copy, modify, distribute, sublicence, or create derivative works from the Platform or any part thereof.

3.5. Med88 is not a healthcare provider and does not provide medical advice, diagnosis, or treatment. The Platform is an administrative tool that facilitates the secure exchange of patient information between Patients and their chosen healthcare providers.


4. PATIENT REGISTRATION AND PROFILE

4.1. Patients register on the Platform by completing a multi-step medical questionnaire that collects personal demographics, emergency contacts, allergies, medications, medical history, surgical history, family history, insurance details, and lifestyle information.

4.2. All fields on each page of the registration questionnaire must be completed before the Patient can proceed to the next page. Incomplete profiles cannot be activated.

4.3. The Patient warrants that all information provided during registration is true, accurate, complete, and current. The Patient undertakes to update their profile promptly whenever their circumstances change.

4.4. Med88 shall not be held liable for any consequences arising from inaccurate, incomplete, or outdated information provided by the Patient.

4.5. Upon completion of registration, the Patient receives a unique QR code linked to their profile. This QR code is personal to the Patient and must not be shared with, or used by, any other person.

4.6. The Patient may register dependent profiles (for minor children or persons under their legal care) and assumes full responsibility for the accuracy and management of such dependent profiles.


5. PATIENT CONSENT AND DATA SHARING

5.1. The sharing of Patient data with any Client is strictly consent-based. No Client may access a Patient's profile without the Patient's explicit, informed, and voluntary authorisation.

5.2. The consent mechanism operates as follows:

5.2.1. The Client displays their unique practice QR code at their reception or consulting room.

5.2.2. The Patient scans the Client's QR code using the Platform.

5.2.3. The Patient is presented with a consent screen detailing the scope of data to be shared and the identity of the requesting Client.

5.2.4. The Patient explicitly authorises or denies the data-sharing request.

5.3. Each authorisation is per-practice and per-occasion. Authorisation granted to one Client does not extend to any other Client.

5.4. The Patient may revoke consent at any time through the Platform. Upon revocation, the Client's access to the Patient's profile shall be terminated immediately, without prejudice to any data already lawfully processed prior to revocation.

5.5. A comprehensive audit trail is maintained for all data-sharing events, recording the identity of the accessing party, the date and time of access, and the scope of data shared.

5.6. The Patient acknowledges that once data has been shared with a Client and incorporated into the Client's own records or PMS, Med88 cannot compel the Client to delete such data from their independent systems. The Patient's recourse in such circumstances is directly against the Client in terms of POPIA.


6. CLIENT REGISTRATION AND VERIFICATION

6.1. Healthcare practitioners wishing to subscribe as Clients must provide their HPCSA registration number, which will be verified against the HPCSA registry.

6.2. Med88 reserves the right to reject any Client registration that cannot be verified or that does not meet the Platform's eligibility criteria.

6.3. Upon successful verification and administrative approval, the Client receives a unique practice QR code for display at their premises.

6.4. The Client warrants that they are a duly registered and licensed healthcare practitioner or practice in good standing with the relevant professional body.

6.5. The Client shall ensure that all Authorised Users within their practice are bound by obligations of confidentiality no less stringent than those contained in this Agreement.

6.6. The Client is responsible for all activities conducted under their account, including actions taken by their Authorised Users (receptionists, practice managers, and administrative staff).


7. SUBSCRIPTION TIERS AND FEES

7.1. The minimum monthly subscription fee is R349.00 per medical practitioner, plus the following progressive charges for billable patient scans:

Monthly scans per practitioner Charge per scan
First 500 scans (1-500) R1.75
Next 500 scans (501-1,000) R1.38
Every scan exceeding 1,000 R1.15

The tiers apply separately to each practitioner and reset each monthly billing period. They are not pooled across a practice. Only scans within each band receive that band's rate; reaching a higher band does not reprice earlier scans.

7.2. All fees are quoted in South African Rand (ZAR). Q88Link (Pty) Ltd is not VAT registered and no VAT is charged.

7.3. New Clients receive a 30-day free trial from practice approval and activation. No subscription or scan charges accrue during the trial.

7.4. After the trial, the monthly subscription is payable in advance. Billable scans accumulate during the monthly billing period and are collected in arrears together with the next monthly subscription debit through Paystack.

7.5. The monthly subscription increases by 5% after every completed 12-month period from the billing start date (after the free trial). Each anniversary applies 5% to the previous year's monthly amount, rounded to cents. Scan rates do not escalate.

7.6. Existing subscriptions governed by a different agreed pricing arrangement retain those terms until a separately communicated migration or replacement agreement takes effect.

7.7. Failure to pay amounts due may result in suspension, subject to the payment grace period in clause 8.3. Outstanding scan charges remain payable on termination.

7.8. Patients use profile creation, maintenance and QR-based sharing free of charge.


7.9. A cancellation request is logged for admin follow-up and does not immediately terminate the subscription or delete the account. Admin will contact the subscriber and confirm when processing is complete. Accumulated scan charges remain payable.

8. PAYMENT TERMS

8.1. All payments are processed through Paystack, a PCI-DSS compliant payment gateway. Med88 does not store full card numbers or card security codes. It stores payment references, reusable payment authorisation tokens and masked card details needed to manage billing.

8.2. The Client authorises Med88 to debit the agreed subscription fee and accumulated billable scan charges from the Client's nominated payment method on a recurring monthly basis.

8.3. Should a payment fail, Med88 will notify the Client and allow a grace period of 7 (seven) calendar days to rectify the payment. If payment is not received within the grace period, services may be suspended.

8.4. Any payment dispute must be lodged in writing to support@med88.live within 14 (fourteen) calendar days of the disputed charge. Med88 undertakes to investigate and respond within 21 (twenty-one) working days.

8.5. No set-off or deduction from fees is permitted without the prior written consent of Med88.


9. FREE TRIAL

9.1. New Clients are entitled to a single 30-day free trial commencing on practice approval and activation, as described in clause 7.

9.2. During the trial, the Client may use the features enabled for their approved account, subject to patient consent and access controls.

9.3. Med88 will send reminder notifications at 3 (three) days and 1 (one) day before the trial expiry date.

9.4. If the Client does not activate paid billing before the trial expires, access may be restricted. A trial or subscription never extends patient consent: patient data remains accessible only while the relevant consent and access grant are valid.

9.5. The free trial may not be extended, renewed, or transferred to another account without the express written consent of Med88.


10. FICA DOCUMENT UPLOAD AND AI EXTRACTION

10.1. Where enabled, the Platform provides functionality for Patients to upload identity documents, proof of residence, and medical aid cards ("FICA Documents") to verify their identity and pre-populate profile fields.

10.2. Where enabled and explained at collection, AI Functionality may be used to extract data from uploaded FICA Documents, including but not limited to name, surname, identity number, date of birth, gender, nationality, address, and medical aid details.

10.3. The Patient acknowledges and agrees that:

10.3.1. AI extraction is provided as a convenience feature and may produce inaccurate or incomplete results.

10.3.2. The Patient is solely responsible for reviewing, correcting, and confirming all extracted data before submission.

10.3.3. Med88 shall not be held liable for any errors, omissions, or consequences arising from AI-extracted data that the Patient failed to review or correct.

10.4. Uploaded FICA Documents are stored securely in encrypted cloud storage (Google Cloud Storage) and are accessible only to the Patient and, where authorised, to the Client for verification purposes.

10.5. Med88 shall not use uploaded FICA Documents for any purpose other than identity verification and profile pre-population, unless required by law or with the Patient's explicit consent.


11. PMS INTEGRATIONS

11.1. Integration methods may include the following, subject to availability and configuration for the Client. Listing a method or provider does not guarantee that a live connector is enabled:

11.1.1. Webhook Push — Automated HTTP POST of patient data to a Client-specified endpoint.

11.1.2. FHIR R4 — Data exchange using the HL7 FHIR R4 Patient resource standard.

11.1.3. Direct Connectors — Pre-built integrations with specific PMS providers (including but not limited to GoodX, Healthbridge, Elixir, and Medintu).

11.1.4. CSV Export — Manual download of patient data in comma-separated value format.

11.2. The Client consents to the transmission of authorised patient data to their configured PMS. The Client accepts sole responsibility for the accuracy and security of data once it has been received by their PMS.

11.3. Med88 shall not be held liable for any data loss, corruption, or breach that occurs within the Client's PMS or any third-party system after data has been transmitted from the Platform.

11.4. Each Party to an API integration shall furnish the other with 30 (thirty) days' written notice of any intention to alter any material element of the integration that may negatively impact the other Party's operations.

11.5. The Client acknowledges that PMS integrations are performed at the Client's own risk. Med88 provides integrations on a "best-effort" basis and does not guarantee uninterrupted or error-free data transmission to third-party systems.

11.6. Med88 reserves the right to suspend or discontinue any PMS integration at any time if the third-party PMS provider changes its API, terms of service, or ceases operations.


12. QR CODE USAGE

12.1. Each Patient and Client practice is assigned a unique QR code upon successful registration and verification.

12.2. QR codes remain the property of Med88 and are licensed to the user for the duration of their active subscription or registration.

12.3. The Client shall display their practice QR code prominently at their reception area to facilitate patient check-in.

12.4. QR codes must not be reproduced, altered, or used for any purpose other than facilitating data sharing through the Platform.

12.5. Med88 reserves the right to deactivate or regenerate any QR code if it suspects misuse, fraud, or a security breach.


13. USE OF AI FUNCTIONALITY

13.1. AI Functionality, where separately enabled and disclosed, may assist document scanning, data extraction and profile auto-population. The current patient document screen does not upload files or run AI extraction.

13.2. The user acknowledges and agrees that:

13.2.1. AI Functionality is provided as a drafting and convenience tool only. It is not a substitute for human review, clinical judgment, or professional advice.

13.2.2. AI outputs may be inaccurate, incomplete, or contextually inappropriate. The user must review all AI-generated content before relying on it.

13.2.3. Med88 does not warrant the accuracy, completeness, or fitness for purpose of any AI-generated output.

13.2.4. The user assumes full responsibility for any decisions made or actions taken based on AI-generated content.

13.3. Med88 reserves the right to modify, suspend, or discontinue AI Functionality at any time without prior notice.

13.4. AI Functionality shall not be used to process information for purposes of medical diagnosis, treatment decisions, or clinical care. It is strictly an administrative data-capture tool.


14. WHATSAPP AND NOTIFICATION SERVICES

14.1. The Platform may send notifications to users via WhatsApp, email, or in-app notifications for purposes including but not limited to:

14.1.1. Account verification and security alerts.

14.1.2. Subscription reminders and payment confirmations.

14.1.3. Profile update reminders and validity notifications.

14.1.4. Data-sharing authorisation requests and confirmations.

14.2. The user consents to receiving such notifications as a necessary part of the Platform's operation.

14.3. The user may opt out of non-essential notifications through the Platform's settings, but acknowledges that certain transactional and security notifications cannot be disabled.

14.4. Med88 shall not be held liable for any failure or delay in delivering notifications caused by third-party service providers (including WhatsApp/Meta, email providers, or telecommunications networks).

14.5. The Client shall not use the Platform's notification features to send unsolicited marketing communications, spam, or any content that violates applicable laws or regulations.


15. SUPPORT SERVICES

15.1. Med88 shall provide the following support services to Clients during normal business hours (Monday to Friday, 08h00 to 17h00 SAST), excluding South African public holidays:

15.1.1. Email support at support@med88.live.

15.1.2. In-app help documentation and setup guides.

15.1.3. Remote troubleshooting of Platform-related issues.

15.2. Support services are limited to issues directly related to the Platform. Med88 does not provide support for:

15.2.1. Third-party PMS systems, hardware, or network infrastructure.

15.2.2. Clinical or medical queries.

15.2.3. Issues arising from the Client's failure to maintain adequate internet connectivity or compatible devices.

15.3. Med88 shall use reasonable endeavours to respond to support requests within 2 (two) business days.

15.4. Emergency support outside of normal business hours may be provided at Med88's discretion and may incur additional charges as communicated in advance.


16. SERVICE AVAILABILITY AND UPTIME

16.1. Med88 shall use commercially reasonable efforts to maintain Platform availability of 99.5% measured on a monthly basis, excluding scheduled maintenance windows.

16.2. Scheduled maintenance will be communicated to users at least 24 (twenty-four) hours in advance where practicable.

16.3. Med88 shall not be liable for any downtime, service interruption, or data loss caused by:

16.3.1. Force majeure events (as defined in clause 23).

16.3.2. Failures of third-party infrastructure providers (including cloud hosting, payment gateways, and telecommunications networks).

16.3.3. Actions or omissions of the Client or Patient, including misuse of the Platform.

16.3.4. Scheduled or emergency maintenance.

16.4. The Client acknowledges that the Platform is hosted on cloud infrastructure and that performance may be affected by factors beyond Med88's reasonable control, including internet latency, device capabilities, and browser compatibility.


17. CLIENT OBLIGATIONS

17.1. The Client shall:

17.1.1. Use the Platform only for its intended purpose of receiving and managing authorised patient data.

17.1.2. Maintain the confidentiality of their account credentials and not share login details with unauthorised persons.

17.1.3. Ensure that all Authorised Users are adequately trained in the use of the Platform and are aware of their obligations under this Agreement and applicable Data Protection Laws.

17.1.4. Comply with all applicable laws, regulations, and professional standards in their use of the Platform, including but not limited to POPIA, the Health Professions Act, and the National Health Act.

17.1.5. Promptly notify Med88 of any suspected security breach, unauthorised access, or misuse of the Platform.

17.1.6. Not attempt to access patient data without valid consent, circumvent security measures, or use the Platform in any manner that could harm Med88, other users, or the integrity of the Platform.

17.2. The Client acknowledges that Med88 is not the author of, and is not responsible for, information shared by Patients through the Platform. The Client must independently verify any patient information where clinically necessary.


18. PATIENT OBLIGATIONS

18.1. The Patient shall:

18.1.1. Provide true, accurate, and complete information during registration and maintain their profile in an up-to-date state.

18.1.2. Safeguard their account credentials and QR code, and not permit any other person to use their account.

18.1.3. Review and confirm all AI-extracted data before submission.

18.1.4. Exercise due care when authorising data sharing, ensuring they understand which Client is requesting access and the scope of data to be shared.

18.1.5. Report any suspected unauthorised access to their account immediately to Med88.

18.2. The Patient acknowledges that Med88 cannot control how a Client uses patient data once it has been lawfully shared. Any complaint regarding a Client's handling of patient data should be directed to the Client and, if necessary, to the Information Regulator.


19. PROHIBITED CONDUCT

19.1. The following conduct is expressly prohibited and may result in immediate suspension or termination of the user's account:

19.1.1. Attempting to gain unauthorised access to any part of the Platform, other users' accounts, or Med88's systems.

19.1.2. Uploading malicious software, viruses, or any code designed to disrupt, damage, or interfere with the Platform.

19.1.3. Using the Platform to transmit unlawful, defamatory, obscene, or harmful content.

19.1.4. Scraping, data-mining, or automated extraction of data from the Platform without express written permission.

19.1.5. Impersonating another person or entity, or misrepresenting one's identity or authority.

19.1.6. Using the Platform for any purpose other than its intended healthcare administration function.

19.1.7. Circumventing or attempting to circumvent any security, access control, or technical protection measures.

19.2. Med88 may monitor Platform usage to detect prohibited conduct and reserves the right to take immediate action, including suspension, termination, and referral to law enforcement authorities.


20. CONFIDENTIALITY AND DATA PROTECTION

20.1. The Parties shall hold in confidence all Confidential Information received from each other and shall not divulge such information to any person other than employees or sub-operators directly involved in the execution of this Agreement and bound by appropriate confidentiality obligations.

20.2. Med88 warrants that it shall comply with all applicable Data Protection Laws in its Processing of Personal Information.

20.3. Med88 shall not Process Personal Information for any purpose other than providing the Platform and its associated services, except with the express written consent of the relevant data subject or as required by law.

20.4. Med88 shall implement appropriate technical and organisational measures to prevent the loss of, damage to, or unauthorised access to Personal Information, including but not limited to:

20.4.1. Encryption of data in transit (TLS/HTTPS) and at rest.

20.4.2. Access control mechanisms with role-based permissions.

20.4.3. Regular security assessments and vulnerability testing.

20.4.4. Comprehensive audit logging of all data access events.

20.4.5. Secure cloud storage with geographic redundancy.

20.5. In the event of a security compromise or data breach, Med88 shall:

20.5.1. Notify affected users and the Information Regulator as soon as reasonably possible and in any event within 72 (seventy-two) hours of becoming aware of the breach.

20.5.2. Take immediate steps to contain the breach and mitigate any harm.

20.5.3. Cooperate with affected users and relevant authorities in investigating and resolving the breach.

20.6. Med88 may use depersonalised and aggregated data for purposes of platform improvement, industry research, and statistical analysis, provided that no individual can be identified from such data.

20.7. The Client acknowledges that they are an independent responsible party (as defined in POPIA) in respect of patient data received through the Platform, and that they bear independent obligations under POPIA for the lawful processing of such data within their own systems.


21. LIMITATION OF LIABILITY

21.1. To the maximum extent permitted by law, Med88's total aggregate liability to any user under or in connection with this Agreement, whether in contract, delict, or otherwise, shall not exceed the total Licence Fees paid by that user to Med88 in the 12 (twelve) months immediately preceding the event giving rise to the claim.

21.2. Med88 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or loss of reputation, howsoever arising.

21.3. Without limiting the generality of the foregoing, Med88 shall not be liable for:

21.3.1. Any clinical decisions made by a Client based on patient data received through the Platform.

21.3.2. Any inaccuracy in patient data provided by the Patient or extracted by AI Functionality.

21.3.3. Any failure of a PMS integration caused by the third-party PMS provider.

21.3.4. Any loss arising from the Client's failure to maintain adequate security of their own systems.

21.3.5. Any loss arising from the Patient's failure to review and correct AI-extracted data.

21.4. The limitations in this clause shall not apply to liability arising from fraud, wilful misconduct, or gross negligence on the part of Med88, or to any liability that cannot be excluded or limited by law.


22. INDEMNITY

22.1. The Client indemnifies and holds Med88 harmless against any and all claims, damages, losses, costs, and expenses (including legal fees on an attorney-and-own-client scale) arising from or in connection with:

22.1.1. The Client's breach of this Agreement.

22.1.2. The Client's violation of any applicable law or regulation.

22.1.3. Any claim by a Patient or third party arising from the Client's use or misuse of patient data received through the Platform.

22.1.4. The Client's failure to comply with Data Protection Laws in respect of patient data within their own systems.

22.2. The Patient indemnifies and holds Med88 harmless against any and all claims arising from the provision of inaccurate, misleading, or fraudulent information on the Platform.


23. FORCE MAJEURE

23.1. Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay results from circumstances beyond the reasonable control of that Party, including but not limited to:

23.1.1. Natural disasters, epidemics, or pandemics.

23.1.2. War, terrorism, civil unrest, or government action.

23.1.3. Failure of telecommunications, internet, or power infrastructure.

23.1.4. Strikes, lockouts, or labour disputes.

23.1.5. Cyberattacks, including distributed denial-of-service attacks.

23.2. The affected Party shall notify the other Party as soon as reasonably practicable of the force majeure event and shall use reasonable endeavours to mitigate its effects.

23.3. If a force majeure event continues for more than 60 (sixty) consecutive days, either Party may terminate this Agreement by written notice without liability.


24. SUSPENSION AND TERMINATION

24.1. Termination by Client: The Client may terminate this Agreement at any time by providing 1 (one) calendar month's written notice to Med88. The Client remains liable for all fees accrued up to the effective date of termination.

24.2. Termination by Patient: The Patient may request account deletion using the account-deletion page. Completed deletion is irreversible. Limited records may be retained for lawful purposes explained in the Privacy Notice; deletion does not erase a practitioner's independent records.

24.3. Termination by Med88: Med88 may terminate or suspend a user's account immediately and without notice if:

24.3.1. The user breaches any material term of this Agreement.

24.3.2. The Client fails to pay subscription fees within the grace period specified in clause 8.3.

24.3.3. Med88 reasonably suspects fraud, misuse, or illegal activity.

24.3.4. The user's continued access poses a risk to the security or integrity of the Platform or other users.

24.4. Effect of Termination:

24.4.1. Upon termination, the Client's access to the Platform and all patient data shared through it shall cease.

24.4.2. The Client may request an export of their own practice data (excluding patient Personal Information) within 30 (thirty) days of termination. After this period, Med88 may delete such data.

24.4.3. Patient data remains the property of the Patient and is not affected by a Client's termination.

24.4.4. Clauses that by their nature are intended to survive termination (including confidentiality, limitation of liability, indemnity, and dispute resolution) shall continue in full force and effect.


25. REFUND POLICY

25.1. If the Client terminates this Agreement before the end of a paid billing period, no pro-rata refund shall be provided for the unused portion of that period, unless otherwise agreed in writing.

25.2. If Med88 terminates the Agreement due to a material breach by the Client, no refund shall be provided.

25.3. If Med88 terminates the Agreement for its own convenience (other than for cause), Med88 shall refund any prepaid fees for the unused portion of the current billing period.

25.4. No refund shall be provided for the free trial period.


26. INTELLECTUAL PROPERTY

26.1. All intellectual property rights in the Platform, including but not limited to software, algorithms, designs, trademarks, logos, documentation, and content created by Med88, vest exclusively in Med88.

26.2. The Patient retains ownership of their Personal Information and medical data. By uploading content to the Platform, the Patient grants Med88 a limited, non-exclusive licence to store, process, and transmit such data solely for the purposes of providing the Platform's services.

26.3. The Client retains ownership of any proprietary practice information uploaded to the Platform.

26.4. Neither Party acquires any intellectual property rights belonging to the other Party by virtue of this Agreement.


27. SECURITY

27.1. Med88 implements industry-standard security measures to protect the Platform and user data, including:

27.1.1. HTTPS/TLS encryption for all data in transit.

27.1.2. Encrypted cloud storage (Google Cloud Storage) for documents and files.

27.1.3. Session-based authentication with JWT signing.

27.1.4. HMAC-signed API communications for PMS integrations.

27.1.5. Role-based access control with principle of least privilege.

27.1.6. Comprehensive audit logging with tamper-evident records.

27.2. Users shall not attempt to probe, scan, or test the vulnerability of the Platform, or breach any security or authentication measures.

27.3. Any unauthorised attempt to access, modify, or destroy data on the Platform is expressly prohibited and may result in criminal prosecution under the Cybercrimes Act 19 of 2020 and other applicable legislation.

27.4. Users shall immediately report any suspected security vulnerability or breach to Med88 at security@med88.live.

27.5. Med88 acknowledges that security requirements evolve continuously and undertakes to evaluate and improve its security measures on an ongoing basis in compliance with POPIA and industry best practices.


28. DISPUTE RESOLUTION

28.1. In the event of any dispute arising out of or in connection with this Agreement, the Parties shall first attempt to resolve the dispute through good-faith negotiation within 14 (fourteen) business days of written notice of the dispute.

28.2. If the dispute cannot be resolved through negotiation, either Party may refer the dispute to mediation administered by the Arbitration Foundation of Southern Africa (AFSA) or such other mediation body as the Parties may agree.

28.3. If mediation fails to resolve the dispute within 30 (thirty) days of referral, the dispute shall be submitted to arbitration in accordance with the rules of AFSA. The arbitration shall be held in [CITY, PROVINCE] and conducted in English.

28.4. The arbitrator's decision shall be final and binding on the Parties, subject to any right of appeal provided by law.

28.5. Nothing in this clause shall prevent either Party from approaching a court of competent jurisdiction for urgent interim relief.

28.6. This clause shall survive the termination or cancellation of this Agreement.


29. GOVERNING LAW AND JURISDICTION

29.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

29.2. Subject to clause 28, the Parties submit to the non-exclusive jurisdiction of any Division of the High Court of South Africa having jurisdiction.


30. NOTICES

30.1. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if:

30.1.1. Delivered by hand — on the date of delivery.

30.1.2. Sent by registered post — 7 (seven) business days after posting.

30.1.3. Sent by email — on the date of transmission, provided no delivery failure notification is received.

30.2. Notices to Med88 shall be addressed to:

Q88Link (Pty) Ltd, operating Med88 Registered address available on lawful request via legal@med88.live Email: legal@med88.live Attention: Q88Link (Pty) Ltd Information Officer

30.3. Notices to the Client shall be addressed to the contact details provided during registration or as subsequently updated on the Platform.


31. TRANSACTION CURRENCY

31.1. All fees, charges, and financial transactions under this Agreement are denominated in South African Rand (ZAR).


32. COUNTRY OF DOMICILE

32.1. Med88 is domiciled in the Republic of South Africa. This Agreement is entered into and performed within the Republic of South Africa.


33. MINIMUM SYSTEM REQUIREMENTS

33.1. The Platform is accessible via any modern web browser (Chrome, Firefox, Safari, Edge) on desktop or mobile devices with an active internet connection.

33.2. For optimal performance, Med88 recommends:

Requirement Specification
Internet connection Minimum 2 Mbps
Browser Latest version of Chrome, Firefox, Safari, or Edge
Device Smartphone, tablet, or computer with camera (for QR scanning and document capture)
Operating system iOS 14+, Android 10+, Windows 10+, macOS 11+

33.3. Med88 shall not be liable for any performance issues arising from the user's failure to meet the minimum system requirements.


34. GENERAL PROVISIONS

34.1. Entire Agreement: This Agreement constitutes the entire agreement between the Parties in respect of its subject matter and supersedes all prior negotiations, representations, warranties, and agreements.

34.2. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

34.3. Waiver: No failure or delay by either Party in exercising any right under this Agreement shall constitute a waiver of that right.

34.4. Assignment: Neither Party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other Party, except that Med88 may assign this Agreement to a successor entity in the event of a merger, acquisition, or sale of substantially all of its assets.

34.5. Relationship of Parties: Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the Parties.

34.6. Third-Party Rights: No person who is not a Party to this Agreement shall have any right to enforce any of its terms.

34.7. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original.


35. CHANGE LOG

The amendments and amendment dates of the Med88 South Africa General Terms and Conditions, Policies and Standard Operating Procedures:

17 September 2026 — Version 1.0:

  1. Adapted from the supplied MediPass terms for Med88, operated by Q88Link (Pty) Ltd.
  2. Updated subscription and scan pricing, annual increases, hosting references, payment metadata and feature-availability wording.
  3. Linked the Med88 Privacy Notice and account-deletion process and recorded the confirmed company particulars and effective date.

ACCEPTANCE

By registering on the Med88 Platform, the user confirms that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety.


Q88Link (Pty) Ltd, operating Med88 Registration Number: 2022/592143/07 Information Officer: Q88Link (Pty) Ltd Information Officer Email: legal@med88.live Website: https://med88.live


This document is intended as a comprehensive framework. Med88 strongly recommends that all parties seek independent legal advice before relying on these terms. This document should be reviewed and finalised by a qualified South African attorney before publication.