Terms of Service

1. Agreement and Definitions

These Terms of Service ("Terms") govern your use of Phila's public website, app, and telehealth platform services.

These Terms are an agreement between you and PHILA WEALTH (PTY) LTD ("Phila", "we", "us"), unless a separate written agreement applies.

By creating an account, booking a consultation, or continuing to use the platform, you confirm that you have read and accepted these Terms and our Privacy Policy.

• "Platform" means the technology service that enables bookings, communications, payments, and related support.
• "Consultation" means a remote clinical interaction between you and an HCP through chat, voice, or video.
• "HCP" means an independent, appropriately registered healthcare professional (for example, an HPCSA-registered doctor).
• "Clinical Record" means the healthcare notes and records generated by the HCP during your care.

2. Nature of Service and Clinical Relationship

Phila provides technology that connects users to independent HCPs. Phila does not practice medicine and does not replace in-person healthcare where needed.

When you consult with an HCP through the platform, a direct clinician-patient relationship is formed between you and that HCP.

• The HCP is responsible for clinical decisions, diagnosis, treatment, and any prescriptions they issue.
• Phila is responsible for platform operations, payment processing support, and user experience tooling.
• Phila does not guarantee a specific clinical outcome, diagnosis, or treatment plan.

3. Eligibility, Minors, and Territory

You must use the platform lawfully and provide accurate information.

Telehealth services are designed primarily for users physically located in South Africa at the time of consultation.

• You must be 18 years or older to use the service independently.
• If the patient is a minor, a parent or legal guardian must provide verified consent and remain responsible for platform use.
• We may request identity or guardian verification to protect patient safety and comply with legal obligations.

4. Emergency Disclaimer and Telehealth Limitations

Phila is not an emergency service. Telehealth has limitations and may not be suitable for every condition.

If your symptoms may require urgent in-person care, the HCP may direct you to an emergency department or in-person provider.

• Do not use this platform for life-threatening or urgent emergencies.
• Service quality may be affected by your device, connectivity, or load shedding and network interruptions.
• Where remote assessment is not clinically sufficient, the HCP may refuse to continue remotely and recommend in-person care.

5. Informed Consent for Telehealth (HPCSA Booklet 10 Alignment)

Before and during each consultation, informed consent to telehealth is required. Consent is not a one-time checkbox and may be confirmed again when clinically necessary.

By proceeding with a consultation, you acknowledge that telehealth benefits, limitations, alternatives, and privacy considerations have been explained in a manner reasonably suitable for informed decision-making.

• You consent to remote history taking, remote assessment, and clinical documentation.
• You may withdraw consent and stop a consultation at any time, but this may limit what care can safely be provided remotely.
• The HCP may pause or end the consultation if consent is unclear, safety is at risk, or identity cannot be reasonably verified.

6. AI-Assisted Features (HPCSA Booklet 20 Alignment)

Some platform features may use AI-assisted tools such as triage support, symptom summarization, or workflow automation.

AI tools are assistive only and do not replace professional judgment.

• Final clinical decisions are made by a qualified HCP.
• AI-generated suggestions may be incomplete or incorrect and must be clinically reviewed by the HCP.
• You may request escalation to human support where available.

7. Prescriptions, Medical Certificates, and Referrals

Prescriptions, sick notes, and referrals are issued only where clinically appropriate and legally permitted.

No right to receive a prescription, certificate, or referral is created by booking or paying for a consultation.

• Where lawful and clinically appropriate, only eligible medicines may be prescribed.
• Pharmacies may apply their own dispensing checks and may refuse to dispense.
• Medical certificates are clinical documents and may not be accepted by every employer, school, or third party.
• Phila is not responsible for employment, attendance, or insurance disputes arising from medical certificates.

8. Fees and Billing

Phila is a subscription service. Your subscription fee and any applicable charges are displayed before you subscribe.

Subscriptions are billed on a monthly recurring basis, charged in advance at the start of each billing period. Your subscription renews automatically each month on your billing date unless you cancel.

• Subscriptions are month-to-month. There is no long-term commitment or minimum contract period beyond the current billing month.
• You will receive a payment confirmation for each successful charge.
• If your renewal payment fails, your access may be paused until the payment issue is resolved. We will notify you and provide instructions to update your payment method.
• We may update subscription pricing, but material pricing changes will be communicated before they apply to your next renewal.

9. Cancellation and Refunds

You can cancel your subscription at any time. Cancellation stops future billing but does not immediately remove your access.

We want you to feel confident using Phila. If a subscription charge does not meet your expectations, the refund options described below are available.

• To cancel, use the cancellation option in your account settings, or contact us at help@phila.life.
• When you cancel, your subscription will not renew at the end of the current billing period. You will retain access to paid features until your current paid period ends.
• After your paid period ends, your account remains active but access to subscription features will be restricted until you resubscribe.
• We will send you a confirmation when your cancellation is processed.
• You may request a full refund of your subscription fee within 7 calendar days of any successful charge, including your initial subscription payment and any subsequent renewal. If a refund is approved, your access to subscription features ends when the refund is processed, because the billing period is effectively reversed.
• If you are charged incorrectly, charged more than once for the same billing period, or charged after your subscription was already cancelled, you are entitled to a correction or refund regardless of the 7-day window. Contact us as soon as you notice a billing discrepancy.
• If Phila subscription services are materially unavailable or fail to perform as described due to a platform-side issue, you may be entitled to a partial or full refund proportionate to the impact. This is consistent with your rights under South African consumer protection law.
• Refunds are not available for requests made more than 7 calendar days after the charge unless the request relates to a billing error or service performance issue. We reserve the right to review refund eligibility in cases of suspected misuse.
• We will initiate approved refunds within 5 business days of confirming eligibility. Refunds are returned to the original payment method. After we initiate the refund, your bank or payment provider may take additional time to reflect it; customers typically receive refunds within 3 to 10 working days, and in some cases up to 10 business days. In any event, refunds will be completed within 30 days.
• In rare cases, your bank may require additional information to process the refund. If this happens, we will contact you.

10. Your Rights Under South African Law

South African law, including the Electronic Communications and Transactions Act (ECTA) and the Consumer Protection Act (CPA), provides consumers with certain rights regarding electronic transactions and service agreements.

ECTA section 44 provides a 7-day cooling-off period for certain electronic service transactions, during which you may cancel without reason or penalty, with a full refund within 30 days. Where services begin immediately with your consent upon subscription (as is typical for Phila), this statutory cooling-off right may not apply in full. However, our 7-day refund window described in Section 9 provides equivalent or greater protection as a contractual commitment.

Nothing in these Terms limits or removes rights that you have under applicable South African law, including your right to services performed to a reasonable standard under the CPA.

11. Medical Aid and Claim-Back

Unless explicitly stated as a covered benefit, platform consultations are typically paid by you directly.

Where available, we provide invoices or supporting documentation to help you submit a claim to your medical aid.

• Claim outcomes are determined by your medical scheme rules and not by Phila.
• Phila does not guarantee reimbursement, co-payment levels, or benefit eligibility.

12. POPIA, Data Sharing, and Clinical Record Ownership

Health information is special personal information under POPIA and is handled with enhanced safeguards.

By using the platform, you consent to the transfer of relevant information required for your treatment and care operations.

• Information may be shared with your treating HCPs and, where necessary, laboratories, pharmacies, referral providers, and regulated care partners.
• Detailed processing terms are set out in our Privacy Policy.
• Clinical Records are created and owned by the treating HCP or their practice, while Phila may host or process records on their instructions.
• Records are retained in line with applicable legal and professional obligations (including healthcare retention requirements).
• When you cancel your subscription, your account is not automatically deleted. Health-related records may be subject to professional and legal retention obligations. To request deletion of your account and personal data, visit our data deletion page or contact us.
• For privacy requests, contact info@phila.life.

13. User Responsibilities and Prohibited Conduct

You are responsible for keeping your account credentials secure and for activities under your account.

You must use the platform respectfully and lawfully.

• Do not provide false, misleading, or incomplete medical information.
• Do not harass HCPs, support staff, or other users.
• Do not seek controlled medication through deception, repeated duplicate requests, or doctor shopping behavior.
• Do not attempt to interfere with platform security, availability, or integrity.

14. Service Availability and Third-Party Dependencies

We work to keep the platform available and secure, but uninterrupted availability cannot be guaranteed.

Some services depend on third parties (for example payment processors, telecom providers, pharmacies, or laboratory partners).

• Planned maintenance and urgent fixes may temporarily affect access.
• Third-party terms may apply to external services and products.
• Phila is not responsible for outages or failures caused solely by third-party systems outside our reasonable control.

15. Liability, Warranties, and Risk Allocation

The platform is provided on an "as available" basis to the extent allowed by law.

Nothing in these Terms limits rights that cannot lawfully be excluded under South African law, including applicable consumer protections.

• Phila is responsible for platform-related operations and technical services we directly control.
• The treating HCP is responsible for clinical care and professional conduct during consultations.
• To the extent permitted by law, Phila is not liable for indirect or consequential loss, including loss of profits or goodwill.
• You should seek immediate in-person care where symptoms worsen, change, or become urgent.

16. Suspension and Termination

You may stop using the platform at any time.

We may suspend or terminate access where required for safety, legal compliance, or serious Terms breaches.

• Reasons may include fraud, abusive behavior, misuse of prescriptions, or repeated policy violations.
• Where reasonably possible, we will provide notice and an explanation before permanent termination.
• Termination does not remove obligations already incurred, including valid subscription fees for completed billing periods.

17. Changes to These Terms

We may update these Terms to reflect legal, regulatory, clinical governance, or service changes.

Material changes will be communicated with reasonable prior notice on the website or app.

• If you do not agree to updated Terms, you must stop using the platform.
• Continued use after the effective date of updated Terms constitutes acceptance of the updated Terms.

18. Complaints and Dispute Resolution

If you have a complaint about billing, refunds, or any aspect of the service, contact us first so we can investigate and resolve it promptly.

Clinical complaints may also be directed to the relevant professional regulator where applicable.

• Support and legal contact: help@phila.life
• You may also direct complaints to the relevant consumer protection bodies, including the National Consumer Commission or the Consumer Goods and Services Ombud.
• Information Regulator (South Africa): enquiries@inforegulator.org.za
• Nothing in these Terms removes your right to approach statutory bodies, ombuds, or courts where legally available.

19. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Any dispute not resolved informally will be handled through appropriate South African forums with jurisdiction.

20. Contact Details

Operator: PHILA WEALTH (PTY) LTD

Email: help@phila.life

Physical address: Boulevard Place Heron Crescent Century City 7441 Cape Town South Africa