Terms and Conditions of Use

1. Interpretations and Definitions

In this Agreement unless the context clearly indicates a contrary intention:

• 1.1Words that are defined in the Act but not defined in this Agreement shall bear the same meaning as in the Acts, unless the context requires otherwise, and if any such terms are in conflict with each other, each such conflicting term must simultaneously be applied to the extent that it is legally possible and practical to do so without infringing on the other, and if not possible to apply simultaneously without infringing on the other, then the provision in POPIA shall prevail.
• 1.2The head notes are for reference purposes only and shall not affect the interpretation of any part hereof.
• 1.3The singular includes the plural and vice versa.
• 1.4Reference to a day shall mean Business Day, and "Business Day" means any day other than a Saturday, Sunday or an official public holiday in South Africa.
• 1.5The Schedules shall be initialled by the Parties for the purposes of identification and form part of this Agreement as if specifically included herein.
• 1.6Any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time.
• 1.7If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
• 1.8These Terms, and any additional document and/or terms imatri incorporates by reference, shall apply to the Practice when the Practice uses the Site.
• 1.9Words not defined here are deemed to be consistent with such definitions contained in the Protection of Personal Information Act No.4 of 2013 ("POPIA"), a subset of which can be found in the terminology section of the POPIA document.

2. Recording

• 2.1imatri is the rightful owner of the Site and is protected by law.
• 2.2These Terms regulate the Practice's relationship with imatri for the non-exclusive use of the Site.
• 2.3The Practice's access to and use of the Site is subject to the requirement that they agree, according to the provisions of clause 4, that they shall only use the Site in line with these Terms, and subject to the Privacy Policy and any other applicable laws, legislation, rules and regulations which might apply from time to time.

3. Conditions of Access and Hosting

• 3.1The Practice's access to, and use of, the Site is always subject to these Terms.
• 3.2Regardless of the mode of access the Practice employs to access and interact with the Site, their ISP may, depending on the type of contract they have, charge the Practice for accessing the Site or for any usage of the Site (such as data charges, SMS charges). imatri cannot be held responsible for such charges.
• 3.3All data Processed for the Practice by the Site is hosted in the "cloud".

4. The Practice Acceptance and Consent

• 4.1The Practice agrees that:
• 4.1.1By using the Site, the Practice expressly agrees to these Terms;
• 4.1.2By clicking/checking "I Agree" and/or making use of the Site, signifies:
• 4.1.2.1the Practice's unconditional acceptance and Consent to these Terms;
• 4.1.2.2the Practice's unconditional acceptance and Consent for imatri to Process their Practice Data;
• 4.1.2.3the Practice's acceptance and agreement to comply with these Terms;
• 4.1.2.4acceptance and acknowledgement by the Practice that they fully understand these Terms and also the consequences of any failure to abide by these Terms;
• 4.1.3imatri may, at any time, amend these Terms or introduce other additional terms relating to the Site or their Services or any other service, content, products, facilities or functionality which shall be made available via the Site or otherwise. The Practice shall be notified of (and required to agree to) such amendments and/or additional terms in the manner provided for in paragraph 19.1 of these Terms; and
• 4.1.4imatri may, at our sole discretion, at any time, and for any reason, and without prior notice, suspend or terminate the Site, the Services, the operation of the Site, or any of the Site content, or the right to use the Services, the Site or any of the Site content, subject to the protection of the Practice Data as is provided for in the Act and this Agreement.
• 4.2Should the Practice not agree to these Terms, the Practice must:
• 4.2.1not make use of the Site; and
• 4.2.2immediately delete all copies of the Site content on all Devices under their control.
• 4.3The Practice agrees that they are solely responsible for making provisions for the necessary infrastructure for the intended use of the Site.
• 4.4The Practice acknowledges that this Agreement constitutes a non-exclusive license for the use of the Site and that imatri may grant the same, similar, additional or different rights to other Practices, Persons and/or entities.

5. The Practice's Behaviour When Using the Site and the Services

• 5.1The Practice shall not use the Site to obtain or distribute:
• 5.1.1copyrighted material or material protected by law; and
• 5.1.2material knowingly containing viruses, malware or any such similarly harmful material
• 5.2The Practice must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Site.
• 5.3The Practice is strictly prohibited from using the Site for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
• 5.4The Practice shall not intercept any information transmitted to or from the Site which is not intended by imatri to be received by the Practice.
• 5.5Subject to the further provisions of this Agreement, the Site may only be used by the Practice for lawful purposes and shall not extend to the use of the source code of the Site.
• 5.6The Practice is not allowed to: (i) frame, link to, modify, distribute, commercialise, exploit and/or alter the Site; (ii) incorporate any part of the Site in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.
• 5.7The Practice agrees that the Practice shall not use the Site in any manner that constitutes a violation of any law, or be an infringement of the rights (including the rights to the Intellectual Property) of Imatri, our licensors or any third party.
• 5.8The Practice agrees that they shall not reproduce, modify, copy, perform, transmit or commercially exploit the Site in any manner whatsoever.
• 5.9Any restrictions on the use of the Site shall also apply to any part of the Site which may be cached when using the Site.
• 5.10In addition, the Practice is prohibited from allowing a third party to:
• 5.10.1decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Site ("the Software") or any files contained in or generated by the Software by any means whatever;
• 5.10.2remove any product identification, copyright or other notices, from the Software or documentation; or
• 5.10.3lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software).
• 5.11We are committed to providing safe online services. All transactions through the Site are protected by encryption at international standards. All Practice Data transmitted through the Site is encrypted.

6. Registration and General Usage Considerations for the Site

• 6.1The Practitioner, or duly authorised representative, registers on the Site to create an Account for their Practice. Registration involves the creation of Login Credentials as the Master User of the Account. This ensures the security of the Account, as at this stage, only Master User has access to the Account through their Login Credentials. It is essential that the Master User keeps their Login Credentials confidential.
• 6.2To verify the legitimacy of the Practitioner as a Health Care Professional, the registration for the creation an Account requires the following information about the Practitioner, including but not limited to: (i) their Basic Personal Information; (ii) details relating to the Practice, and (iii) confirmation of their registration at the HPCSA.
• 6.3The Practitioner Consents thereto and agrees that Imatri may use their Personal Information and the information provided to us in terms of clause 6.2 to conduct a check with the HPCSA to confirm the Practitioner's registration with the HPCSA.
• 6.4Each Member of the Practice is added as a (secondary) User by the Master User. Each such User must choose unique Login Credentials, approved by the Master User, which must be kept confidential by each such User. Each such User is created along with a corresponding set of Permissions.
• 6.5The Practice undertakes to make every effort to ensure that they safeguard their Login Credentials. The Practitioner and/or Master User is responsible for reminding other Users not to share or disclose their Login Credentials, and make every User fully aware of the potential damages resulting from any other Person gaining access to the Account through their Login Credentials.
• 6.6Each Practice is only allowed a single Account. We reserve the right to remove all access if this policy is violated.
• 6.7Interaction with the Site occurs after a User has logged onto the Site thereby creating a Session locked to the Account. Inactivity causes the Session to expire and the User is automatically logged out. Further interaction with the Site necessitates the User having to log on again. Concurrent Sessions are allowed for the Account. Each Session corresponds to a single User; however, a given User may not have multiple concurrent Sessions.
• 6.8Imatri reserves the right to refuse access of a Practice to their Account if we are unable to verify any information, we deem reasonably necessary to confirm the legitimacy of the Practice
• 6.9Once registered, and subject thereto that the Master User has clicked "I agree" to these Terms, which include the Privacy Policy, the Practice will be able to access the Site.
• 6.10For security purposes, the Practice needs to correctly apply their Account Login Credentials or take any other steps, that we deem reasonably necessary, for us to verify the Practice's identity each time they log onto the Site.
• 6.11All electronic communications that are sent to us, after having met our verification requirements, as set out herein above during log on, shall be treated as valid and authentic. This means that these electronic communications shall have the same legal standing as written and signed paper communications from the Practice. In order to protect the Practice and their Account, we can refuse to act on any instructions sent to us, or can cancel access (temporarily or permanently), if any Practice, attempting to gain access to their Account, fails to meet the verification requirements (inclusive of the case in which the Practice inputs incorrect Account Login Credentials).
• 6.12We may require an additional layer of security (verification) for certain (trans)actions. In such cases an OTP is sent to the User's Device(s) before the given (trans)action can be concluded.
• 6.13Account Login Credentials are valid for logging onto the Account which is independent of the Device used: given Login Credentials are not linked to a specific Device i.e. any Device whether or not in the control of the Practice is capable of gaining access to the Account with the correct Login Credentials. Consequently, if these are compromised on any one Device, places the whole Account at risk.
• 6.14The Practice must notify us immediately if there is any reason to believe that their Account has been compromised. Prompt notification ensures the mitigation, or at least minimisation, of any potential damages resulting therefrom.
• 6.15Any (trans)action performed under given Account Login Credentials are assumed to be a (trans)action authorised by the Practice. Imatri cannot be held responsible, for acceptance of any such (trans)actions that took place without the Consent of the Practice.
• 6.16The Practice must therefore never reveal Account Login Credentials to anyone under any circumstances.
• 6.17To the extent permitted by law, the Practice shall be responsible for any Loss or damage the Practice themselves, Patient(s), Imatri or any other party may suffer should any other Person access the Site using the Account Login Credentials.

7. Account Security and Responsibility

• 7.1The Practice acknowledges and agrees that the secure management of Login Credentials and the judicious assignment of User Permissions are of paramount importance.
• 7.2The Practice is solely responsible for all actions, including Processing, taken under its Account, regardless of whether such actions are taken by the Master User, (secondary) User, or any Person accessing the Account through provided Login Credentials.
• 7.3The Practice agrees to indemnify and hold Imatri harmless from any and all claims, losses, damages, liabilities, and expenses arising from or related to:
• 7.3.1any unauthorized access to the Account
• 7.3.2any actions, including Processing, taken by any Person, who gains access to the Account, whether authorized or unauthorized
• 7.4The Practice understands that any individual using Login Credentials associated with the Account will be deemed to be acting on behalf of the Practice with the Permissions associated with those Login Credentials. Therefore, any and all actions, including Processing, performed by that individual are the sole responsibility of the Practice.

8. Commencement, Termination and Other Services

• 8.1The non-exclusive use of the Site, by the Practice through their Account, commences on the date on which the Account was created, having been registered on the Site by the Practice. The Account endures indefinitely until terminated through any of the following events:
• 8.1.1Termination of the Site by imatri;
• 8.1.2Termination of the Services by imatri;
• 8.1.3Termination of the Practice's use of the Site by imatri for whatever reason;
• 8.1.4De-activation of the Account by the Practice.
• 8.2Furthermore, when registering, the Practice agrees to be subscribed to "the Email Authentication Services", thereby authorising imatri to use "the Email Authentication Services" as a mode of:
• 8.2.1Account authentication requiring an OTP
• 8.2.2Account activity notification to the Master User e.g. when a (secondary) User has logged on, or when a new User is added to the Account.

9. Full Disclosure of All Relevant Facts and Benefit Entitlement

• 9.1It is in the best interest of the Practice that they ensure they maintain, and keep current, the Personal Information of all their Users.
• 9.2To ensure the legitimacy of the Practitioner, as a Health Professional, the Practice hereby guarantees that all Practitioner Personal Information, necessary to confirm such, provided at any time to imatri, is accurate and up to date. Furthermore, the Practice guarantees that they have fully disclosed all facts, with the understanding that this Agreement, or any transactions related to this Agreement, will be void if the Practice does not comply with this requirement.

10. Patient Consent

• 10.1The Practice must obtain the necessary Patient's Consent for:
• 10.1.1the rendering of any Health Services to the Patient;
• 10.1.2the Processing of any information on the Site which relate to certain Health Services rendered, or to be rendered, to a Patient which would normally require such a Patient's Consent.
• 10.2By Processing Patient Personal Information on the Site, the Practice represents and warrants that they have received the necessary Patient Consent: the Patient agreed to the Processing (which included Processing at that time and further Processing) of their Patient Personal Information on the Site.
• 10.3To the extent permitted by law, the Practice hereby indemnifies imatri against any claims, costs Loss and/or damages that may be incurred by imatri of whatsoever nature, including, without limitation any direct, indirect, special, consequential and/or physical damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the Practice's failure to obtain the Patient's necessary Consent prior to their Patient Personal Information being Processed on the Site.

11. Member Consent

• 11.1The Practice must obtain the necessary Member's Consent for the Processing of the said Member's Personal Information for the purpose of acting as a User of the Account.
• 11.2By Processing the Member's Personal Information on the Site, the Practice represents and warrants that they have received the necessary Member's Consent: the Member agreed to the Processing (which included Processing at that time and further Processing) of their Personal Information on the Site.
• 11.3To the extent permitted by law, the Practice hereby indemnifies imatri against any claims, costs Loss and/or damages that may be incurred by imatri of whatsoever nature, including, without limitation any direct, indirect, special, consequential and/or physical damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the Practice's failure to obtain the Member's necessary Consent prior to their Personal Information being Processed on the Site.
• 11.4The Member agrees that, each time they logon to the Site as a User of the Account, constitutes an acknowledgment that imatri may Process their Personal Information for purposes of Sections 11(1)(b) to (f) of POPIA, without the Member's further Consent.

12. Processing of Practice Data Without Further Consent

• 12.1Having registered on the Site, the Practice acknowledges that imatri may Process their Practice Data for purposes of Sections 11(1)(b) to (f), and Sections 32 ‐ 35 of POPIA, without the Practice's further Consent.
• 12.2The Practice agrees that each logon to their Account (by any User) on the Site constitutes reaffirmation of the acknowledgement in 11.1

13. Electronic Communication and Records

• 13.1By using the Site and giving their Consent, the Practice accepts that imatri can communicate with the Practice electronically. All records that the Practice sends to us may be stored electronically and with an authorised person, although any authorised such Person is bound by the strictest levels of confidentiality. These electronic records constitute proof of the records, unless the Practice can prove otherwise.
• 13.2Any electronic communication (for example, an e-mail or SMS) sent to the Practice will be regarded as having been received by the Practice upon being sent by imatri. This includes, but is not limited to mobile push notifications.
• 13.3The Practice will receive communications from us via e-mail. The Practice may change the way they receive communication on the Site by changing their Account settings on the Site.
• 13.4imatri takes all reasonable steps to protect the Practice Data and to maintain confidentiality, including the use of encryption technology. However, imatri cannot guarantee the security or integrity of any information the Practice transmits to us online, and the Practice agrees that they do so at their own risk.
• 13.5The Practice agrees that all agreements, notices, disclosures and other communications that imatri provide to them electronically meet any legal requirement that the communications be in writing.

14. Retention, Destruction and/or Deletion of Practice Data

• 14.1At any time during the term of this Agreement, at the Practice's written request, or upon the termination or expiration of this Agreement for any reason, imatri shall promptly return to the Practice all copies, whether in written, electronic or other form or media, of Practice Data in their possession, or securely dispose of all such copies, and certify in writing to the Practice that such Practice Data has been returned to the Practice or securely destroyed. imatri shall comply with all reasonable directions provided by the Practice with respect to the return or disposal of their Practice data.
• 14.2Upon termination, for whatever reason, an automated prompt will display on the Site requiring the Practice to elect to either have their Practice Data returned to the Practice in accordance with clause 13.1, or alternatively authorise Imatri to securely dispose of their Practice Data. If the Practice does not make such an election, the Practice Data shall be retained by imatri for a further period of 30 (thirty) days, where after the Practice Data shall be completely destroyed, unless otherwise notified, by the Practice (in writing) prior to the expiration of 30 (thirty) days from the date of termination, or unless the Practice Data is retained in accordance with clause 13.3 below.
• 14.3imatri shall have the right to retain any Practice Data:
• 14.3.1if the retention thereof is required by law;
• 14.3.2in exceptional circumstances, should imatri reasonably require the Practice Data for lawful purposes related to their functions, activities and/or Services.

15. References and Links to and from Other Sites, Phishing and Spoofing

• 15.1The Practice shall not make (and may not permit any third party to make) any reference to imatri or the Site, whether by way of a link or otherwise, where the reference could, in any way, be interpreted as an endorsement, affiliation or recommendation by imatri in relation to the Practice or a third party or of the services, products or opinions of a third party, without imatri's prior written consent.
• 15.2Any unsolicited e-mail received by the Practice, purporting to be from imatri, requesting the disclosure of Practice Data (such as user name, password or credit card details), or requesting that the Practice click on a link to confirm their imatri information, must be assumed to have originated from a "phisher" or "spoofer".
• 15.3imatri will never ask for this type of information in an e-mail, and implore the Practice to reject such an email: neither to respond to these e-mails, nor to click on the link. Responding to "phishing" places the Practice, their Account, and Practice Data, at risk. imatri cannot be responsible for any consequences resulting from the Practice's response to any email sent by a "phisher" or a "spoofer".

16. Exclusion of Liability for Use of the Site

• 16.1The Practice's use of the Site is entirely at the Practice's own risk.
• 16.2imatri undertake to ensure, to the best of our ability, that the Site is provided to the Practice in a safe, secure and reliable manner. Though imatri takes every reasonable action to prevent harm and Loss to the Practice, we shall not be held liable for any kind of Loss or damage the Practice may suffer, including direct, indirect, special, incidental or consequential Loss and/or damages, because of the Practice's use of, or inability to use, the Site, unless such Loss and/or damage arose because of our negligence or intent.
• 16.3In addition to the above, imatri is not liable for the following (except where such Loss or damage is caused by imatri's negligence or intent):
• 16.3.1Any Loss or damage, which the Practice or any other party may suffer due to unauthorised interception and/or monitoring;
• 16.3.2Any Loss or damage resulting from any failure of the Practice to take reasonable steps to safeguard their Account Login Credentials, including failure to follow any recommendations, in this regard, communicated periodically by us;
• 16.3.3Late or delayed (trans)actions;
• 16.3.4Loss or damage arising from the unauthorised use of the Site including cases in which a Practice, or User within a Practice (due to inappropriately set Permissions), exceeds their authority,
• 16.3.5We are not responsible for any errors or delays in communication systems beyond our control.
• 16.4Subject to the Act, and to the fullest extent allowed by law, imatri shall not have any liability whatsoever in relation to the Practice's use of the Site. The Practice hereby indemnifies imatri against any Loss and/or damage, whether direct or indirect, arising from the Practice's use of, or reliance upon, the Site or arising out of any of the events contemplated in clause 15.5 below, or any (trans)actions resulting therefrom, even if we have been advised of the possibility of such Loss and/or damage.
• 16.5In addition, the Practice agrees that imatri shall not be held liable for any unavailability, interruption, downtime, malfunction, or failure of the Site, for any reason whatsoever or any consequential Loss and/or damage of any nature and/or reason whatsoever.

17. Exclusion of Warranties and Representations

• 17.1The Site is provided "as is" and is subject to change without notice.
• 17.2imatri does not accept any responsibility for any errors or omissions on the Site. In addition, the Practice acknowledges that the Site may not be accurate or complete.
• 17.3The Site is provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Site or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Site.
• 17.4imatri also makes no warranty or representation, whether express or implied, that the Site is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a Device, hardware and/or software, (of a User) of the Practice, and the Practice accepts all risks in this respect.
• 17.5The Practice may also not rely on any implied warranty or representation, which allegedly induced the Practice to agree to these Terms, unless the representation or warranty is recorded in these Terms.
• 17.6The granting of any indulgence by us to the Practice, with respect to any matter connected to the Practice's use of the Site, shall not constitute a waiver of any right by us or prevent, or adversely affect, the exercise by us of any existing or future right.
• 17.7imatri hereby warrants that we shall do all in our power, and as may be reasonably required by any applicable data protection laws, in order to protect the Practice Data and furthermore to do all such things to the best of our capability and as may be reasonably required to ensure compliance with the Acts.

18. Additional Exclusion of Warranties and Disclaimers

• 18.1The Practice acknowledges that the information on the Site is not intended to, and does not, constitute professional medical advice or a replacement or substitute for professional medical advice of any nature whatsoever, including (without limitation) in respect of any diagnosis or treatment to a specific medical question or condition.
• 18.2The Practice acknowledges that the use of the Site neither create nor replace the professional relationship the Practice has with a Patient. Accordingly, whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy and safety of the content of this Site:
• 18.2.1the Practice agrees that any reliance on the Site and/or content is solely and entirely at their own risk and that they assume full responsibility and risk of Loss in relation to the use of the Site and/or content;
• 18.2.2the Practice agrees that the information which they Process in respect of a Patient is accurate and is Processed solely and entirely at the Practice's own risk and the Practice assumes full responsibility and risk of Loss in relation to the use of the Site and/or content.
• 18.3The Practice agrees that the information which the Practice Processes in respect of a Member is accurate and is Processed solely and entirely at the Practice's own risk and the Practice assumes full responsibility and risk of Loss in relation to the use of the Site.
• 18.4The Practice hereby indemnifies imatri against any claims, costs or damages, of any nature, that may be incurred by us, including, without limitation any direct, indirect, special, consequential and/or physical damages, whether in an action arising out of contract, statute, tort or otherwise, relating to the use of, accuracy or inability to use the Site.
• 18.5The Practice agrees that Imatri may limit or deny access to all or any part of the Site for the purposes of performing any upgrade, repair or maintenance services, or for any other reason.
• 18.6The Practice hereby warrants that they have applied and adopted the necessary means for the sufficient protection of Practice Data as required by the Acts and/or any other applicable legislation, and hereby undertakes to retain and maintain such measures and to remain compliant with the Acts and/or any other applicable legislation for these purposes and for as long as they use of the Site, or for as long thereafter as may be required by the Acts and/or any other applicable legislation, and the Practice furthermore undertakes not to disclose such Practice Information for any other purpose than what the Practice is authorised to do.
• 18.7The Practice furthermore hereby hold harmless and indemnifies imatri from any and all damages and/or Loss of any nature which Imatri may incur as a result of the Practice's breach of the aforementioned warranties and/or undertakings.
• 18.8The Practice hereby undertakes to comply with all applicable statutory requirements when using the Site and Processing Practice Data and hereby fully indemnifies Imatri from any damages and/or Loss, whether direct or indirect, special or consequential as a result of the Practice's breach of such undertaking.

19. Intellectual Property Rights

• 19.1The Site is protected by law. This includes all Intellectual Property in respect of the Site, including all rights, title and interest (statutory and common law) in the Intellectual Property. Any unauthorised use of the Site is prohibited.
• 19.2All rights, title and interest (statutory and common law) in the Intellectual Property, of any nature existing now and in the future, remain the absolute property of imatri. The Practice may not sub-license, transfer or assign, without the prior written consent of Imatri, any rights and/or obligations of the Practice under this Agreement.
• 19.3The Practice shall not acquire any right, title or interest in or to the Intellectual Property pertaining to the Site other than those rights expressly granted to the Practice in terms of this Agreement.

20. Variation of Certain Deeming Provisions in ECTA

By using the Site, the Practice agrees that these Terms create a binding agreement between Imatri and the Practice, even though these Terms not in hard copy; the digital version is deemed of equal legal standing. The Practice specifically agrees that:

• 20.1this Agreement will be treated as if it were concluded at our physical address on the date on which the Practice first used the Site;
• 20.2an electronic signature is not required by either party for the purposes of agreeing to these Terms;
• 20.3the Practice's use of the Site is sufficient evidence of the Practice's agreement to these Terms;
• 20.4any data message sent by Imatri to the Practice will be deemed to have been sent from our physical address if neither the Practice's usual place of business nor their residence is located within South Africa;
• 20.5any communication sent to the Practice by an information system programmed to operate automatically, will be a data message attributable to, or authorised by us;
• 20.6subject to the further provision of these Terms, a data message sent by the Practice to Imatri will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a Person who is authorised to act on our behalf in respect of that data message.

21. Variation of These Terms

• 21.1Imatri is entitled and reserve the right to vary or amend these Terms and/or the Privacy Policy from time to time and at our sole discretion. Any amendments to these Terms and/or the Privacy Policy will be displayed on the Site periodically. Upon logon, the Practice will be notified of any such amendments on the first occasion following such amendments, and the Practice will be required to re-click/check "I Agree". If the Practice continues to use the Site thereafter, the amended terms shall immediately be treated as being effective and binding on the Practice.
• 21.2It is the Practice's responsibility to access and familiarise themselves with any amendments to these Terms and/or the Privacy Policy on each occasion that the Practice uses the Site.

21. Variation of Terms

Imatri reserves the right to amend these Terms and the Privacy Policy at any time. The Practice is responsible for familiarizing themselves with any amendments to these Terms and the Privacy Policy.

22. Miscellaneous Matters

23. Fees and Costs

• 23.1Imatri has the right to charge the Practice the fees as set out in Schedule 2 hereto for the use of the Site, and the fees may be updated and/or amended from time to time by Imatri, and any amendment and/or change in the fees under any other agreement may also be displayed on the Site from time to time;
• 23.2Standard data costs will be charged when the Practice uses the Site. These costs are charged by the Practice's ISP, and an independent matter between the Practice and their ISP: Imatri cannot be held liable for any of these costs.

SCHEDULE 1 ‒ SERVICES SCHEDULE

Registration of a Practice on the Site allows the Practice to:

• 1.Capture, storage and retrieval of Basic Personal Information of Patients and Members
• 2.Capture, storage and retrieval of Health Records (Special Personal Information) including doctor's private notes (medical history, appointment notes), correspondence (referral letters, certification of illness), lab test results and radiographic images.
• 3.Appointment management including booking/scheduling with associated record-keeping and Patient communications (reminders and confirmations)
• 4.Financial administration (relating to remuneration for services rendered to Patients) including invoicing, payment tracking and generation of associated documentation (invoices, receipts, statements of account),
• 5.Control over User activity including setting the scope of functionality of the Site with regard to Processing on a per-User basis (generalised or finetuned to a given context), and data-specific logging of Processing according to User responsible

SCHEDULE 2 ‒ TERMINATION

• 1.If the Practice wishes to cancel their existing Account, at least one (1) month's written notice must be given to imatri.
• 2.Upon termination, any remaining unpaid fees shall become due and payable to Imatri and the Practice will be provided with a final invoice during or shortly after the notice period month. Furthermore, the current Account subscription will be deactivated, with deactivation occurring on the last day of the aforementioned notice period.
• 3.Notwithstanding the foregoing, following termination, Processing on the Site will be limited to retrieval of Practice Data.