User Agreement & Terms and Conditions

1. Definitions
  1. In these general terms and conditions ("Terms"):
    1. "Access Details" means the username and password we provide to you or created by you upon registration for the Services for the purposes of giving you access to the Services;
    2. “Content” means any or all information, documents, links and the likes provided on the Website;
    3. “Corporate” or “company” or “practice” means a legal entity, including professional societies or associations that employs one or more employees;
    4. “Customer” means any Customer of KS as veterinary practices purchasing specified KS products or as individuals benefitting from the KS training programme as front shop staff, as agreed to between KS and Practices;
    5. “ECT Act” mean the Electronic Communication Act, 2005;
    6. “Individual” means a natural person, who may be employed by a company, corporate or practice;
    7. “Information” means all text on the website, all summaries and all descriptions and includes all classification and categorisation of information;
    8. “KS” or “K&S” means “Klinck and Samuels Pty Ltd”, the entity who offers the Services by means of the Website;
    9. "Loss" means any loss, including loss of profit, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential.
    10. “Payfast” means the payment portal facilitating the subscription payments, all terms relating to Payfast, available here: https://payfast.io/legal/ are incorporated by reference into all payment for services facilitated through Payfast;
    11. “POPI Act” means the Protection of Personal Information Act, 2013 and all Regulations and Guidances issued thereunder;
    12. "Privacy Policy" means the privacy policy adopted by us and which forms part of these Terms;
    13. “Programme Terms and Conditions” mean the Terms and Conditions associated with the, as distinct from- but related to these Website Terms and Conditions;
    14. "Services" means the provision of the Website, all information and the subscription to the Medical Scheme Rulings summaries, the Website search function and the rulings provided as published by regulators and courts;
    15. “Subscriber” means an individual who has subscribed to the Services, whether paid for by a company, corporate or practice;
    16. "Use" means to use, access, refer to, view or make use of the Services;
    17. "We", "our", "us" and "www.medicalschemerulings.co.za” means the Website and KS, including any closed off sections of the website, any portals or links on the website, any applications, and the likes, through which the Website and the Services are rendered. Furthermore, any reference to us will be deemed to also include our employees, officers, partners, representatives, agents, contractors, all shareholders, advisers, service providers, suppliers and content providers;
    18. "Website" means the website which is accessible at the URL: www.medicalschemerulings.co.za, through which the Services provided;
    19. "You" and "your" means any individual who makes use of the Website, registers and/or subscribes.

  2. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Terms but defined in the Protection of Personal Information Act 4 of 2013 ("POPI Act") and the Electronic Communications and Transactions Act 25 of 2002 ("the ECT Act") will bear the same meaning given to them in POPI and the ECT Acts.

  3. These Terms and any additional document we incorporate by reference, such as our Privacy Policy shall apply to you when you use the Website and/or any part of the Services.
2. What do these Terms regulate?
  1. These Terms set out the agreement between us and you, and the terms and conditions upon which you may:
    1. use the Services;
    2. register and log into and use the Services; and
    3. otherwise use the Website, including the use of the information, content, products or services including (without limitation) any text, software, icons, graphics, images, sound clips, trade names, logos, designs, trademarks and service marks which are displayed on, available on or incorporated in the Website ("the Website Content"), to the extent that such Website Content is not regulated by its own terms of use.

  2. These Terms relate to individuals who use the Services of KS, whether as registered users, subscribers or otherwise.
3. Your agreement to comply with these Terms
  1. You agree that:
    1. clicking/checking "I Agree", making use of any of the Services and/or any use of the Website or application signifies your unconditional agreement to comply with all of the terms and conditions contained in this document;
    2. we may, at any time, amend the Terms or introduce additional terms and conditions relating to the Services or any other service, content, products, facilities or functionality which is made available by us by way of the Website or otherwise. You will be regarded as having agreed to such amendments as set out these Terms; and
    3. we may, in our sole discretion, at any time and for any reason and without prior notice, suspend or terminate the Services, the operation of the Website or any of the Website Content or the right to use the Services, the Website or any of the Website Content, or application.

  2. If you do not agree to these Terms you must not make use of:
    1. the Services; and/or
    2. the Website; and/or
    3. the Website Content;
      and you must immediately delete all copies of the Website Content in your possession or under your control.

  3.  You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should contact us via the support page or send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it.
  4. For any queries relating to the Services and/or any KS product, please contact This email address is being protected from spambots. You need JavaScript enabled to view it.
  5. You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Website, the Information and the Services. In this regard, you must, at all times, provide your own hardware (routers, modems, etc.), software (e.g. Adobe Acrobat), and adequate internet connectivity and telecommunications infrastructure so as to receive the Services and ensure that the Website can operate.
  6. The Website will work optimally on Google Chrome, Safari or Microsoft Edge. Your failure to maintain and/or upgrade software on your systems used to operate the Website may result in it not working optimally or correctly. This remains your responsibility.
  7. You agree that the Website and the Services is not exclusive, and we may, subject to our Privacy Policy and the necessary consents required under law, grant access and rights to any other person or entity.
4. Access to the Website and use of information processed through the website and/or subscription
  1. The Website is accessible only to registered individuals and subscription content only to subscribers.
  2. The Website records and stores of Customers’ personal details, and to the extent applicable, performance details relating to the training programme or purchasing data related to the Services.
  3. Requests for access to personal information, must be filed by using the Promotion of Access to Information Act, 2000 (PAIA) requester forms to be emailed to This email address is being protected from spambots. You need JavaScript enabled to view it.
  4. PAIA requests relating to the Services outside of the Services as offered through the Website, must be directed to This email address is being protected from spambots. You need JavaScript enabled to view it.
  5. To register for the Services, Customers will create a profile of a username and password and in so registering, -
    1. You agree to these Terms;
    2. You will provide us with all the information we require in order to make the Services available to you, including but not limited to the following information that is necessary for the Website and the Services to work:
      1. Your name and surname;
      2. Your email address;
      3. If so chosen, whether you’d like to receive our newsletters
      4. In questions / query pages, the details of your question or query

    3. You undertake to ensure that your log-in and password are kept secure, and that those details are not shared with any person or entity not authorised to use the Website or the Services;
    4. You agree to notify us immediately should you suspect that another person has obtained access to your Access Details or if you are aware of any unauthorized use of your Access Details;
    5. To the extent permitted by law, you will be responsible for any loss or damage you, your employer or any other party may suffer if any other person accesses the Services using your Access Details.
    6. Should you terminate your subscription to the Services, your access to that part of the Website will also be terminated, and you will no longer receive the Services offered through the Website.
5. Website Content, references, documents and links to and from other websites
  1. The Website, all Information and its Content is not intended to, and does not, constitute any legal-, medico-legal and/or health advice and is not a replacement or substitute for professional advice to be rendered by legal / health advisors and/or such- or related professionals.
  2. The Website Content does not mean or imply, and should not be construed as meaning or implying that any specific course of action should be followed, that any specific interpretation of the law, or application thereof to a specific person and/or patient are needed-, appropriate-, indicated- and/or correct.
  3. You acknowledge that the use of the Website do not create nor replace the professional relationship between any patient and their chosen healthcare practitioner, or between any person and their chosen advisor, lawyer or other professional. The notes added to summaries are only the viewpoints and/or opinions by KS, and should not be regarded as authoritative or definitive. Accordingly, whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of the information provided, you agree that any reliance hereof and hereon is solely and entirely at your own risk and that you assume full responsibility and risk of damage or loss resulting from the use hereof.
  4. All individuals, or those to whom information provided, have to direct any questions or uncertainty relating to their healthcare and/or the funding and/or medical schemes law, or relating to their medical schemes and/or administrators and/or managed care organisations, to the person(s) responsible for such services or providing advice on such aspects or directly to such entities.
  5. Your use of the information, rulings on- and/ links to other Websites or the products or services of third parties is entirely at your own risk. We shall not be responsible for any Loss arising from or related to your reliance on, use or attempted use of Other Websites or the opinions, products or services of third parties.
  6. You shall not make (and may not permit any third party to make) any reference to us, the Website or the Website Content, whether by way of a link, quoting or otherwise –
    1. In medical scheme proceedings or processes or letters or motivations, you may however use the rulings as issued by the CMS bodies and/or a court, as it was issued by such bodies or courts;
    2. Regard the summaries as definitive or authoritative interpretations of the law or the specific ruling;
    3. Regard any reference or information provided or quoted by us, in any way, as an endorsement, affiliation or recommendation by us in relation to any product, entity, services or ruling.
6. Your behaviour when using the Website and the Services
  1. Subject to the further provisions of these Terms, the Website and the Website Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website.
  2. Nothing in the Website or the Services shall be construed as healthcare, medical, financing or funding advice, or as legal advice.
  3. You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website.
  4. You are strictly prohibited from using the Website 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. You shall not intercept or receive any information transmitted to or from us or the Website which is not intended by us to be received by you. You will immediately inform us if you have received any information in error and/or have accessed information that are not authorised.
  6. You are not allowed to:
    1. frame, link to, modify, distribute, commercialise, exploit and/or alter the Website or the Website Content;
    2. incorporate any part of the Website Content in any other work or publication; and/or
    3. perform any other act which may not be considered fair use.

      Should you wish to do so, our prior written approval is required and we are entitled, in our sole discretion, to withhold or grant consent and to impose any conditions on any consent which is granted by us. Requests for approval must be submitted to: This email address is being protected from spambots. You need JavaScript enabled to view it.
  1. Any restrictions on the use of the Website, the Services or the Website Content shall also apply to any part of the Website, the Services or the Website Content which may be cached when using the Website, the Services or the Website Content.
  2. In addition, you shall not and shall not allow a third party to:
    1. decompile, 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 Website and/or the Website Content or any files contained in or generated as part of the Services by any means whatever;
    2. remove any product identification, copyright or other notices, from the Website, Website content, the Services or any Information;
    3. lend to a third party or use any portion of the Website, Services (including sharing downloads, screenshots, print-outs or copies however made) on or with any machine or system other than your own computer's hardware; or
    4. disseminate performance information or analysis of the Website from any source.
7. Commencement and procedure relating to user verification
  1. Your appointment of the Website to receive the Services commences with effect from the date on which you register and endures indefinitely until terminated by yourself or us giving the you 30 calendar days’ notice thereof ("the Effective Registration Date"). Your subscription to the Services (Medical Scheme Rulings summaries) endures for a period of 12 months from the date of confirmed receipt of payment (“the Effective Subscription Date”).
  2. You agree that we and/or our contractors and/or service providers may, on reasonable notice to you, limit or deny access to all or any part of the Services for purposes of performing any upgrade, repair or maintenance services, or to upload new information, or to amend the Website. In these circumstances, we will use our best efforts to limit or deny your access to the Services to non-business hours.
8. Subscription duration, termination or cancellation

Medical scheme rulings

  1. Subscription to the Medical Scheme Rulings and summaries are valid for 12 (twelve) months from the data of payment confirmation.
  2. Subscription must be renewed after the end of any 12 month period. Subscriptions do not renew automatically.
  3. No refunds will be provided, even if a subscription is cancelled before the end of the 12-month period.

Newsletter and updates

  1. Subscription to the Newsletter and alerts can be cancelled at any time.

Registration

  1. Cancelling registration means that no access to subscription services is possible.
9. Exclusion of liability for use of the Website, the Website Content and the Services
  1. Your use of the Website, the Website Content and the Services is entirely at your own risk.
  2. Subject to the provisions of POPI and the ECT Acts and to the fullest extent allowed by law, we shall not have any liability whatsoever in relation to the Website, the Website Content and/or the Services. You hereby indemnify us against any Loss arising from your use of or reliance on the Website, the Website Content or the Services or arising out of any of the events contemplated in paragraph 8.3 below, or any actions or transactions resulting therefrom, even if we have been advised of the possibility of such Loss.
  3. In addition, you agree that:
    1. we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Website, the Website Content or the Services for any reason whatsoever;
    2. we will not be liable for any health, financing, funding or legal implication associated with, resulting from, related to, or in any manner of extent connected to the Website, the Website Content or the Services and you are solely responsible for the use, value, quality, durability and/or any aspect of the Website, Website Content or Service you, or any agent or contractor of you, may rely on.

  4. To the fullest extent allowed by law and subject to the provisions of the Consumer Protection Act, 2008 and the POPI Act, if any of the limitations or exclusions of our liability in these Terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed R100.
10. Exclusion of warranties and representations
  1. The Website, the Website Content and the Services (including any rewards claimed) are provided "as is" and are subject to change without notice.
  2. Subject to the provisions of the ECT Act, the Website and the Services are 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 Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Website Content or the Services.
  3. For the avoidance of doubt, we make no guarantees or warranties in relation to the completeness, usefulness, utility, effectiveness, authoritative- or nature otherwise of the Services or the Website Content or any information implied or supplied as part thereof.
  4. We do not accept any responsibility for any errors or omissions on the Website, the Website Content or the Services. In addition, you acknowledge that the Website Content, the Services and/or the information may not be accurate or complete.
  5. We also make no warranty or representation, whether express or implied, that the Website 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 computer system, computer network or your hardware or software and you accept all risks in this respect.
  6.  You may also not rely on any warranty or representation, which allegedly induced you to agree to these Terms, unless the representation or warranty is recorded in these Terms.
  7. The grant of any indulgence by us to you in respect of any matter connected to your use of the Website, the Website Content or the Services 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.
11. Intellectual Property Rights
  1. All content on this website is the property of Klinck and Samuels Pty Ltd and is protected by copyright.
  2. The Website, the Website Content, the Services and the Trade Names or concepts associated with and/or used in rendering the Services are protected by law. This incorporates all intellectual property rights in respect of the Website, the Website Content and the Services, including all rights, title and interest (statutory and common law) in copyright, designs, trademarks and inventions, save for rulings of the CMS entities, and the Courts, the copyright of which resides in such entities. Any unauthorised use of the Website, the Website Content and the Services and all intellectual property rights related thereto, is prohibited.
  3. Your subscription may not be sub-licensed, transferred or assigned without the prior written consent of KS and you shall not- and shall not permit access to the subscription and any documentation relating thereto by any third party without our prior written consent.
  4. You will not acquire any right, title or interest, including any intellectual property rights, in or to the Website, the Website Content or the Services other than those rights expressly granted to you in these Terms.
  5. Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  6. You agree that you will not use the Services in any manner that constitutes a violation of any law, or an infringement of the rights belonging to us, our licensors or any third party.
  7. You agree that you will not reproduce, modify, copy, perform, transmit or commercially exploit the Website or the Services in any manner whatsoever.
12. Variation of certain deeming provisions in the ECT Act

By using the Website and/or the Services, you agree that these Terms create a binding agreement between us and you, even though these Terms are wholly or partly in the form of a data message. You agree specifically that:

  1.  the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website, irrespective of whether you registered and/or logged into the Website;
  2. an electronic signature is not required by you or us for purposes of agreeing to these Terms;
  3. your use of the Website and/or the Services is sufficient evidence of your agreement to these Terms;
  4. any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
  5. subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us;
  6. subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message; and
  7. these Terms will be interpreted and implemented in accordance with the laws of South Africa and you agree to the jurisdiction of the courts of South Africa.
13. Variation of these Terms
  1. Subject to the variations or amendments provided for in terms of this clause, no other variation or amendment, in any form whatsoever, of these Terms will be enforceable or binding on us unless we have agreed to such variation or amendment in writing. For this purpose, "writing" shall be writing on paper signed in ink by our authorised representative and specifically excludes any writing that may be in electronic format.
  2. We are entitled and reserve the right to vary or amend these Terms and the Privacy Policy from time to time and in our sole discretion. Any amendments to these Terms will be displayed on the Website from time to time. If you continue to use the Services thereafter, the amended Terms will immediately be treated as being effective and binding upon you.
  3. It is your responsibility to access and familiarise yourself with any amendments to the Terms and/or the Privacy Policy on each occasion that you make use of the Website, the Website Content or the Services.
14. Notification
  1. Our address for the service of any legal notice is Klinck & Samuels Pty Ltd, 41 Church Street, Westcliff, Hermanus 7200 or at email: This email address is being protected from spambots. You need JavaScript enabled to view it.
  2. Notices given to the above addresses shall be deemed to have been duly given: 
    1. 14 days after posting, if posted by registered post to our postal address;
    2. on delivery, if delivered to our physical address; and
    3. on despatch, when sent by email.

  3. Disputes, claims and legal proceedings
    1. Any dispute declared by you and any claim which you may have against us arising out of or in connection with these Terms or the use of the Services, including after termination, cancellation or amendment of these Terms and/or the Services will be referred to arbitration in accordance with the Arbitration Act, 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.
    2.  If we declare a dispute with you, or wish to institute any claim or legal proceedings against you arising out of or in connection with these Terms or your use of the Website, the Website Content or the Services, we reserve the right to deal with the matter in a forum of our choice, which will include but will not be limited to, the courts of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms.
    3.  Notwithstanding anything to the contrary contained in these Terms, neither you nor we will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
  1. Costs
    Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by us arising out of your use of the Website, the Website Content and/or the Services, or a breach of these Terms, will be borne by you.
  1. Assignment
    You shall not cede, assign or transfer any of your rights and obligations in these Terms without our prior written consent. We are entitled to cede, assign or transfer any of our rights and obligations in these Terms without your prior written consent and without notice to you.
  1. Interpretation
    1. Copies of POPI and the ECT Acts can be viewed and downloaded at and, respectively at: https://inforegulator.org.za/acts/  ||  http://www.saflii.org/za/legis/num_act/ecata2002427/index.html
      It is your responsibility to ensure that the copies downloaded or viewed are the most recent versions of POPI and the ECT Acts.
    2. In the event that any part of these Terms, including the Privacy Policy, is found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
    3. No relaxation or indulgence which we may grant to you will be deemed to be a waiver of any of our rights in these Terms or in law.
    4. The termination of any agreement created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
15. Contact us
  1. You may contact us at:
    Klinck & Samuels Pty Ltd
    41 Church Street
    Westcliff
    Hermanus
    7200
  1. Queries relating to your personal information or these terms can be directed to: This email address is being protected from spambots. You need JavaScript enabled to view it.
  2. Queries and other feedback addressed to Boehringer Ingelheim through this website should not contain questions on personal health matters, for which you should refer to your chosen healthcare practitioner.

About Us

Klinck & Samuels is a consultancy in the health sector in health law, ethics and health policy. K&S has experience in medical scheme matters, having made submissions and argued many cases at medical schemes and at the Council for Medical Schemes.

It also has extensive experience in matters relating to healthcare professionals and their practices, medicines, medical devices and health facilities.

Read more

Contact Us

41 Church Street
Westcliff
Hermanus
7200

Phone: +27 (0)71 607 2752
Email: medicalschemes@klincksamuels.co.za
Email: videos@klincksamuels.co.za