Terms and Conditions

Terms & Conditions

Please note that as of 8 December 2022 these Terms and Conditions have been amended.
These terms and conditions govern the use of the Health-247.Life subscription service and related features (“the Subscription Service”).
The terms of this agreement (“Terms and Conditions”) govern the relationship between you (the “Subscriber”), the billing service provider (MTN SA (Pty) Ltd and their respective affiliates) (“the Billing Partner”) and Thumbtribe Trading (Pty) Ltd (“Thumbtribe”) (and its respective affiliates) (collectively hereinafter “Health-247.Life” or “Us” or “We”) regarding fair use of the Subscription Service by Subscribers and their family members, where applicable.
Thumbtribe has an agreement with MOBIVAS (Pty) Ltd a company incorporated in accordance with the laws of South Africa and Wholly Owned Subsidiary of the Ubuntu Group (Pty) Ltd (hereinafter “Dr-Doctor”) to provide the Subscription Service offering defined in clause 1. below.
A separate terms of service setting forth additional conditions applies to the Dr-Doctor service or product and is available here.
Description of the Subscription Service
1. Subscribers and their immediate family members (up to a total of five people per subscription) will be provided with access to a virtual doctor consultation service between 08:00 and 17:00 from Monday to Friday.
2. The Dr-Doctor service is provided by MOBIVAS (Pty) Ltd a company incorporated in accordance with the laws of South Africa.
3. The service is available to the Subscriber and the Subscriber’s immediate family members, up to a total of five people per subscription.
4. A subscription fee of R5.00 per day is payable on a recurring basis for this Subscription Service.
5. The Subscriber opts in by visiting http://mtn.health-247.life or dialling *686*6921# and confirming the subscription.
6. The Service is offered on a promotional basis and may be withdrawn from the market or changed at any time and at Billing Partner / Thumbtribe’s discretion.
7. The Subscriber may cancel this service at any time and without contractual penalty. If the Subscriber does not cancel the service, it will endure on a daily basis until cancellation is received by Billing Partner / Thumbtribe.
Subscription Service Rules
1. By agreeing to use this service (as a patient), the Subscriber and/or the participating family members agree to comply with the terms of use outlined herein.
2. Medical Practitioners are available from Monday to Friday between 08:00 and 17:00.
3. A Medical Practitioner will contact you via SMS or e-mail (if e-mail is provided) within a day (24 hours) of receiving the consultation booking request.
4. If the requested consultation date and time is not available, a Medical Practitioner will contact you to arrange an alternative date and time.
5. Medical Practitioners may make referrals to other General Practitioners or specialised physicians. Referrals are at the sole discretion of the referring Medical Practitioner.
6. Dr-Doctor does not cover/waive any costs pertaining to the referral of Subscribers and/or participating family members to other General Practitioners, medical professionals or facilities of any kind.
7. The service is intended for the Subscriber and/or designated family members as applicable. No sub-bookings will be permitted.
8. The Service may be terminated at any time, should the Subscriber and/or participating family member not comply with any of the terms of condition or if he/she has falsified or misrepresented any of their information.
9. Dr-Doctor reserves the right in its sole discretion to discontinue services to Subscribers and/or participating family members if there is abuse, misuse, fraudulent activity or other unethical activity pertaining to the use of the Health-247.Life Service.
10. The Subscriber understands and accepts that there is an inherent risk in not having a physical examination. The Subscriber’s use of the Dr-Doctor Service is at the Subscriber’s sole risk and you assume full responsibility for all risks associated therewith.
11. FOR ANY MEDICAL EMERGENCY, THE SUBSCRIBER SHALL IMMEDIATELY CONTACT EMERGENCY SERVICES AND/OR HIS OR HER MEDICAL PRACTITIONER FOR A CONSULTATION.
12. The Subscriber shall familiarise himself or herself with the full Dr-Doctor Terms and Conditions available here.
Duration and Termination
1. The Subscription Service will endure daily from 01 November 2020 until the promoter in its sole and absolute discretion elects to discontinue the promotion. The Subscriber may cancel at any time during this term, without penalty. The Subscriber is responsible for ensuring that cancellation of service is actioned in accordance with clause 5 below.
2. Should the Subscriber incorrectly complete the cancellation process, Billing Partner and Thumbtribe will not be liable for any additional costs or compensation due to the error.
3. The Subscriber acknowledges that Billing Partner / Thumbtribe may terminate this agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity service.
Payment and Terms
1. A subscription fee of R5.00 per day will be deducted in full from the Subscriber’s airtime balance on a daily basis from the date that the Subscriber subscribes to the Health-247.Life subscription service.
2. Any fees paid in the form of a subscription cannot be claimed back from a medical aid.
How to Stop the Recurring Subscription
1. To cancel the service the Subscriber should: dial *123#, reply 1 to Manage Subscriptions then reply 1 to View or cancel subscriptions, then follow the prompts on screen to select and cancel the Health-247.Life subscription. The Subscriber will receive an SMS notification confirming that the subscription has been successfully cancelled.
2. Or, login to the Subscriber’s existing Health-247.Life account at mtn.health-247.life and use the menu links to navigate to the My Account page. Click the Unsubscribe button to cancel.
Customer Support
1. For MTN billing queries, dial 135 (free from your MTN SIM), or
2. For any other queries related to the Health-247.Life subscription service, dial 135 (free from your MTN SIM) or email subs@thumbtribe.biz.
Disclaimer and Limitation of Liability
1. Thumbtribe is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Thumbtribe may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za
2. Health-247.Life is a subscription service charged at R5/day. By using the service, you agree that you are 18 years or older and have the bill payers' permission. Compatible handsets only. To unsubscribe dial *123# (see clause 5. above). For help call 135 (see clause 6. above). By using the service, you agree to receive promotional material relating to this and similar services. To opt out, visit the My Account page and update your communication preferences.
3. Service provided by Billing Partner and Thumbtribe, 4 Umvumvu Drive, Simbithi, Ballito 4390.
4. This service must not be used:
  1. to intentionally engage in illegal conduct,
  2. to knowingly create, store or disseminate any illegal content,
  3. to knowingly infringe copyright,
  4. to knowingly infringe any intellectual property rights, or
  5. to send spam or promote the sending of spam
5. We have the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations, and we have the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.
6. Thumbtribe and Billing Partner accept no liability for any loss or damage to the property or equipment of the Subscriber arising out of the provision of the product.
7. Application for and use of the Service is at the sole risk of the Subscriber.
8. The customer is solely responsible for all actions authenticated by credentials associated with their account(s).
9. Thumbtribe and Billing Partner accept no liability for any loss or damage suffered by Subscribers as a result of unauthorised use of the Subscriber’s credentials.
10. Neither Dr-Doctor nor any of its affiliates is or will be liable for any loss or damages of any nature whatsoever suffered by the User or any other Person arising out of or in connection with:
  1. any act or omission of Dr-Doctor or its affiliates, save for any act or omission which is wilfully intended to cause loss or is grossly negligent; and/or
  2. a breach of this Agreement by the User;
  3. any interruption, delay, suspension, defect or failure in the distribution or reception of the selected service beyond Dr-Doctor’s reasonable control.
11. Notwithstanding any express exclusion of liability recorded herein, neither Dr-Doctor nor any of its affiliates will be liable for any loss or damage of any nature, including direct, indirect, special or consequential damages, including loss of profits, suffered by the User or any third party or person arising from any cause, except where such loss or damage is caused by the intentional or grossly negligent acts or omissions of Dr-Doctor or any of its affiliates.
12. The member hereby indemnifies and holds Dr-Doctor and any and all of its affiliates harmless against any claim brought by any third party or person against Dr-Doctor and any of its affiliates:
  1. arising out of a breach by the member of the provisions of this Agreement; and/or
  2. as a result of access to or use by a third party or person of the selected service; and/or
  3. associated with the provision of the selected service to the User.
13. The Dr-Doctor services are not intended nor suited to be a replacement or substitute for professional medical advice, consultation, examination, diagnosis or treatment relative to a specific medical question or condition. All information obtained by a member on, through and/or by means of the Dr-Doctor services, if for informational and educational purposes only.
Protection of Personal Information
1. MTN, Thumbtribe and Dr-Doctor are committed to protecting the Subscriber’s privacy and ensuring that their personal information is protected in accordance with data protection legislation and regulation in South Africa, including but not limited to the Protection of Personal Information Act 4 of 2013 (POPIA). Without limiting the generality of this commitment, these parties will:
  1. Only collect personal information as is necessary to provide the Health-247.Life Service, including offering other products and services that may be of interest.
  2. Only process collected personal information for this purpose.
  3. Only transfer personal information where required for the provision of the Service and only then where an agreement is in place with the transferee to ensure continued compliance with POPIA.
  4. Take industry standard measures to secure personal information in their possession.
  5. Client/Patient consents for any online related enquiries the medical practitioner might require.
  6. Delete personal information where it is no longer required.
  7. Otherwise only release personal information where under a legal obligation to do so.
2. The Subscriber consents to the processing of his or her personal information as outlined above.
3. The Subscriber shall familiarise himself or herself with the Customer Privacy and Notice available on the MTN Website.
4. The Subscriber shall familiarise himself or herself with the Dr-Doctor Privacy Policy available https://dr-doctor.co.za/privacy-policy/.

Health 24/7 Airtime Competition Terms and Conditions
NOTE:
A. The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks Proprietary Limited (“MTN”) and Thumbtribe (Proprietary Limited (“Thumbtribe”) together referred to as (“the Parties”) will have towards Customers and other persons.
B. These Terms and Conditions also limit and exclude Customers rights and remedies against MTN and place various risks, liabilities, obligations and legal responsibilities on the Customer.
C. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and MTN may also have claims and other rights against the Customer.
D. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
E. The Customer must read these Terms and Conditions. The use of this product/service will constitute as agreement to comply with these Terms and Conditions.
F. Please pay special attention to all the clauses. Please note that these Terms and Conditions must be read together with the standard MTN Internet product and service Terms and Conditions.

Introduction
1. The Parties will offer customers who subscribe to the MTN Health 24/7 product, some exciting airtime prizes (“the Competition ”) Health247Life gives you access to expert medical advice 24 hours a day. Health247 doctors have emergency experience and are professionally trained to offer virtual consultations.
Duration
1. The Competition shall commence on 1 January 2023 and will end on 31 March 2023. No entries received after 23:59 on 31 March 2023 will be considered.
2. The parties may, in their sole and absolute discretion, amend or withdraw the competition with notice to entrants. The entrant must visit https://health-247.life/terms for notices, updates and/or changes to the competition Terms and conditions.
Who may enter?
1. be a South African citizen or be permanently resident in South Africa.
2. The Competition is only open to people 18 years and older.
3. The following people shall not be eligible to participate in this Competition:
  1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Parties.
  2. People who are not legal residents and/or legal citizens of the Republic of South Africa.
  3. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in clause 3.3.1. above.
4. The Competition entrant must be a natural person.
How to enter
1. Participants are required to subscribe to the MTN Health 24/7 product through the One Pin entry mechanism.
2. The subscriber opts in by visiting http://mtn.health-247.life or dialling *686*6921# and confirming the subscription. A subscription fee of R5.00 per day for a family subscription, is payable on a recurring basis for this service. Participants are to dial *123# to unsubscribe.
3. In order to win the participant must be an active subscriber for 5 consecutive days from date of subscribing and must be subscribed at the time of the draw.
4. Winners will be determined by a pre-set algorithm in the Excel randomiser program. The number will be drawn after randomising 7 times.
5. Thumbtribe will ensure that an independent auditor conducts and verifies the draw (s).
The Prize
1. Participants in this competition stand a chance to win R60 in airtime.
2. Ten winners of R60 airtime will be drawn each month for the duration of the competition.
3. Winners will receive SMS notification of the airtime they have won on the subscribed phone number used to enter the competition.
4. The only prizes in this competition are airtime prizes.
5. Airtime prizes may only be redeemed by Pre-paid and Top Up account holders only.
6. Airtime is available for the MTN network only.
7. The airtime voucher code may be automatically loaded on the prepaid cellular or pinned airtime sent via SMS to the phone number used to enter into the competition.
8. All potential winners who entered this competition using a fixed/closed contract line or service provider not mentioned above do not qualify.
9. Prizes are strictly MTN airtime prizes. No other prizes make up the prize pool (hereinafter referred to as the “Prizes” or “Prize” as the context may require).
General
1. The judges’ decision is final, and no correspondence will be entered into.
2. The prize is not transferable, and no substitution or cash redemption of the prize is permitted. The prize will not be handed/awarded to a third party, but only to the verified prize winner above.
3. Entrants are only eligible to win 1 (one) Prize.
4. The organisers of the Competition reserve the right, at their sole discretion, to substitute the prize with any other prize of comparable or greater commercial value for whatever reason.
5. Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall at all times be entitled to decline the above request. Participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise and consent to the use of their image and other relevant personal information for the purposes of publicity for MTN Health 24/7. All publicity and other materials will be the sole property of the Parties.
6. Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the participant, the Parties and partnering agencies in terms of the Consumer Protection Act, 68 of 2008 ("the CPA").
7. All participants participate entirely at their own risk. By reading and accepting these Rules, each participant gives consent to these risks and hereby indemnify and hold the Parties, their directors, employees, agents and contractors of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Parties.
8. The Parties, their directors, employees, contractors, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the participants, or accept any liability for any inability by the participant to use the prize in part or at all.
9. The Parties, their directors, employees, contractors, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given in writing by any person other than the Parties.
10. The organisers of the Competition reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Competition and acknowledge that they will have no recourse against the Parties.
11. Participants undertake to expeditiously do all things necessary to enable the Parties to comply with their obligations under the CPA (if applicable) including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the participant. Should any participant refuse or be unable to comply with this requirement, the participant shall be deemed to have forfeited the prize.
12. Notwithstanding anything to the contrary contained in these Rules, the organisers of the competition reserve the right to amend, modify, change, postpone suspend or cancel this Competition, the Rules and any prize (which has not yet been allocated), or any aspect thereof, on notice, for any reason which the Parties deem necessary.
13. For further information or enquiries please email our consumer services on 135 for help.