1.1 These Terms govern an individual Member's access to, and use of the PrimaEdge Health digital platform, app and related health and wellness services made available through or in connection with them (the "Service").
1.2 The Service is provided by Prima Edge Health (Pty) Ltd ("PrimaEdge", "we", "us" or "our"). These Terms apply to the individual using the Service ("Member" or "you").
1.3 Where access is sponsored or arranged by a participating employer (an "Employer"), the Employer's separate commercial relationship with PrimaEdge does not make the Employer a party to these Member Terms and does not, merely because it sponsors or pays for the Service, entitle it to your individual health information.
1.4 By registering for, accessing or using the Service after these Terms have been made available to you, you agree to these Terms. PrimaEdge may record the date, time and version accepted.
1.5 Acceptance of these Terms is separate from any POPIA consent choice and from any clinical informed-consent process. Where PrimaEdge seeks consent for a particular processing activity, that choice is requested and recorded separately under the POPIA Consent Notice.
2.1 PrimaEdge's service model is intended to support the early identification and appropriate management or referral of disease and health conditions, and to identify and manage relevant risk factors before disease develops.
2.2 Depending on the programme or service made available to you, the Service may include:
2.3 Not every Member will have access to every feature. Availability may depend on the programme under which access is provided, the service selected or sponsored, clinical appropriateness, technical availability and any applicable service arrangement.
3.1 A Member must satisfy any eligibility requirements applicable to the relevant PrimaEdge programme. Any minimum-age or other eligibility rule will be communicated where applicable.
3.2 You must provide information that is accurate and reasonably complete when registering for and using the Service and should keep material account information reasonably up to date.
3.3 You are responsible for keeping your login credentials, PINs, passwords and other authentication information secure and must not knowingly allow another person to use your account.
3.4 You must not use another person's account or submit information as though it relates to you when it relates to another person.
3.5 You should notify PrimaEdge through its designated support channel if you reasonably suspect unauthorised access to or use of your account.
4.1 Certain parts of the Service involve the collection, recording, assessment or use of health and wellness information.
4.2 Screening and digital health functionality are intended to assist with health-risk identification, monitoring, management and appropriate referral. They do not guarantee that every existing or future condition or risk will be detected.
4.3 A screening result, automated reminder, general health information or other app functionality is not a substitute for an appropriate clinical consultation, diagnosis or treatment where professional medical assessment is required.
4.4 Where a result or risk requires further assessment, PrimaEdge may recommend or facilitate appropriate follow-up or referral.
4.5 You remain responsible for seeking appropriate medical attention where you experience symptoms, deterioration or another circumstance requiring professional assessment. The Service is not an emergency medical service.
5.1 Health services requiring professional clinical involvement will be provided or facilitated through appropriately qualified health professionals, where applicable.
5.2 A referral to an external healthcare professional, healthcare establishment or other service provider does not necessarily mean that the provider forms part of PrimaEdge. An independent provider may have its own professional duties, terms, fees and privacy obligations.
5.3 Nothing in these Terms limits any duty imposed on a healthcare professional by applicable law or professional rules.
6.1 You agree to use the Service lawfully and for its intended purpose, to provide information honestly and accurately to the extent reasonably possible, and to follow reasonable security and use instructions.
6.2 You must not interfere with the Service, attempt unauthorised access, compromise another person's information, or copy, reverse engineer, circumvent or commercially exploit the software except to the extent permitted by law.
7.1 The Service may allow you to create reminders relating to medication or other health activities. A reminder is a Member-selected digital function and does not establish that medication was taken or that a health activity was completed.
7.2 Where you record adherence or completion, PrimaEdge may process that information in accordance with the Privacy Notice and your applicable choices.
7.3 Where you elect to participate in a monitoring programme, an authorised health professional may use information recorded by you as part of that programme.
8.1 An Employer may arrange or pay for access to some or all of the Service. Sponsorship does not, by itself, entitle the Employer to receive your individual health results or health information.
8.2 Subject to applicable law and the relevant Member choices, PrimaEdge may provide participating Employers with aggregated and appropriately de-identified health and wellness reporting designed not to disclose individual Member health results.
8.3 As an additional operational safeguard, PrimaEdge does not report a statistic representing fewer than 10 Members. That threshold is not, by itself, treated as establishing that information is anonymous. PrimaEdge also applies safeguards intended to reduce re-identification risk, including risks arising from small groups, segmentation, repeated reporting or information already known to an Employer.
8.4 Employer reporting and the applicable consent choices are dealt with more fully in the Privacy Notice, POPIA Consent Notice and Data Governance Statement.
9.1 PrimaEdge may provide functionality through which specified individual health or screening information can be submitted to a Member's medical scheme for a specified purpose, including where relevant to a wellness programme or wellness-linked benefit.
9.2 Where PrimaEdge seeks your consent for such a submission, the information to be submitted, the relevant medical scheme and the purpose will be identified at or before the time you make the choice.
9.3 Your individual information will not be submitted under a consent-dependent medical-scheme submission unless the applicable consent has been granted. Declining or withdrawing that consent applies to future submissions that depend on it.
9.4 Nothing in this clause prevents processing or disclosure that PrimaEdge is otherwise lawfully permitted or required to undertake.
10.1 PrimaEdge processes personal information in accordance with applicable data-protection and health-information requirements.
10.2 The Privacy Notice explains the categories and sources of personal information, purposes and lawful grounds for processing, Employer reporting, disclosures, retention, security, cross-border processing and data-subject rights.
10.3 Where PrimaEdge relies upon or seeks your consent for a specified processing activity, the applicable choice is governed by the POPIA Consent Notice. PrimaEdge will not infer that consent merely from acceptance of these Terms.
10.4 You may exercise applicable rights concerning your personal information through the mechanisms described in the Privacy Notice and PAIA Manual.
11.1 Your Member account and health history are not automatically destroyed merely because your employment with a participating Employer ends or because that Employer's commercial arrangement with PrimaEdge comes to an end.
11.2 When you leave a participating Employer, your record may be separated from that Employer relationship so that you are no longer treated as part of that Employer's active Member population. The former Employer does not thereby become entitled to your individual health information.
11.3 PrimaEdge's current service model is intended to allow you to retain access to historical health information, subject to applicable legal, technical and service requirements.
11.4 If you subsequently become eligible for the Service through another participating Employer, your existing Member profile may, where appropriate, be associated with that new Employer-sponsored programme in accordance with the Privacy Notice, your applicable choices and applicable law. Such association does not, by itself, entitle the new Employer to your individual historical health information.
11.5 Your ability to continue particular services after Employer sponsorship ends may depend on the service concerned and the applicable service or payment arrangement. Any direct-to-Member paid continuation arrangement will be communicated before the paid service is activated.
11.6 Retention or deletion of information is governed by the Privacy Notice, applicable law and PrimaEdge's retention requirements.
12.1 PrimaEdge will take reasonable steps to maintain the availability and security of the Service. Digital services may nevertheless be interrupted by maintenance, upgrades, technical or telecommunications failures, security events or circumstances reasonably beyond PrimaEdge's control.
12.2 PrimaEdge may modify, improve or discontinue features where reasonably necessary. A change to the Service or these Terms will not be used as a substitute for obtaining a separate consent where applicable law requires one.
12.3 PrimaEdge will take reasonable steps to communicate material changes affecting a Member's rights or use of the Service.
13.1 You may stop using the Service at any time, subject to any separate terms applicable to a paid continuation service.
13.2 PrimaEdge may suspend or restrict access where reasonably necessary to protect the security or integrity of the Service, investigate suspected unlawful or unauthorised use, protect another person, comply with law or address a material breach of these Terms.
13.3 Where reasonably practicable, PrimaEdge will notify the affected Member of a suspension or restriction and the reason for it.
13.4 Suspension or termination does not automatically require destruction of information that PrimaEdge is required or lawfully entitled to retain, and does not affect rights or obligations that accrued before termination.
14.1 The PrimaEdge app, website, software, branding, platform content and related intellectual property belong to PrimaEdge or its applicable licensors.
14.2 Subject to these Terms, PrimaEdge grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Service for its intended purpose.
14.3 No ownership of the underlying software, source code, platform or other PrimaEdge intellectual property is transferred to you.
15.1 Certain functionality may depend on third-party technology, communications infrastructure or service providers. PrimaEdge remains responsible for its own obligations under applicable law and does not exclude those obligations merely because an operator or service provider is used.
15.2 Where you independently obtain services from an external healthcare or other provider following a referral, that provider may contract with you separately.
16.1 PrimaEdge will provide the Service with the degree of care required by applicable law.
16.2 PrimaEdge does not warrant that the Service will operate continuously in every circumstance, that every screening will identify every existing or future health condition, or that general information or digital functionality constitutes a diagnosis or substitute for professional medical care where such care is reasonably required.
16.3 To the extent permitted by law, PrimaEdge will not be responsible for loss caused solely by a Member knowingly providing materially false or misleading information, intentionally sharing account credentials, failing to seek recommended or reasonably necessary medical attention, or circumstances beyond PrimaEdge's reasonable control.
16.4 Nothing in these Terms excludes or limits a right, remedy, liability or professional duty that may not lawfully be excluded or limited. Any provision that limits risk, liability or a Member's rights must be read subject to applicable consumer-protection and other mandatory law.
17.1 A Member with a concern regarding the Service should first use PrimaEdge's designated support or complaints channel.
17.2 A complaint concerning personal information may be directed to PrimaEdge's Information Officer using the details in the Privacy Notice.
17.3 Nothing in these Terms prevents a Member from approaching a regulator, ombud, court or other competent body where legally entitled to do so.
18.1 These Terms and the relationship between PrimaEdge and the Member are governed by the laws of the Republic of South Africa.
18.2 The parties should, where reasonably appropriate, first attempt in good faith to resolve a dispute directly.
18.3 Nothing in these Terms prevents either party from approaching a court or other forum having jurisdiction or from exercising a right to approach a statutory regulator, ombud or other competent body.
19.1 PrimaEdge may amend these Terms where reasonably necessary to reflect changes to the Service, applicable law, regulatory requirements or legitimate operational requirements.
19.2 PrimaEdge will maintain version control and take reasonable steps to notify Members of material amendments before or when they take effect.
19.3 Where a material amendment requires renewed acceptance, PrimaEdge may require acceptance of the updated Terms before continued use of the affected Service.
19.4 An amendment to these Terms does not constitute or replace a separate consent required for a consent-dependent processing activity.
20.1 If a provision is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.
20.2 A failure or delay to enforce a provision does not by itself constitute a waiver.
20.3 These Terms govern the Member's use of the Service and must be read with the applicable Privacy Notice, POPIA Consent Notice and other documents expressly incorporated by reference.
20.4 Employer-specific commercial terms, pricing and corporate obligations are governed separately between PrimaEdge and the participating Employer and do not form part of these Member Terms.
These Terms should be read together with PrimaEdge's Privacy Notice, POPIA Consent Notice, Data Governance Statement and PAIA Manual. These documents perform different functions. Acceptance of these Terms does not replace a separate consent choice required under the POPIA Consent Notice.