Terms and Conditions - MHR Hair Club | Medica Hair Restoration

Please note that Medical Hair Restoration will be closed from 20 December 2024 to 14 January 2025, however, certain days during this time period have been set out for order processing: orders will be processed on the 23rd of December, 27th of December, 30th of December, 3rd of January, 6th of January, 8th of January and 10th of January. For any information regarding your orders, please email orders@medhair.co.za.

Thank you for taking the time to look at and use our website.

You (the “User”) agree with the Terms and Conditions, which included our Privacy Policy (“Terms”), by browsing and/or using this Website and connected Services. If you are not agreeing to these Terms, please examine our Terms and Privacy Policy carefully before using our Website and Services. Medical Hair Restoration (Pty) Ltd (Reg. No. 2016/010047/07) is referred to as “Medical Hair Restoration,” “us,” “we,” and “our” throughout these Terms, and “yourself,” “yours,” or “you” refers to the User.

Medical Hair Restoration has the right to make changes to these Terms at any time.

Introduction

Medical Hair Restoration owns and operates a hair health website (“Website”) that, among other things, facilitates telemedicine consultations between HPCSA registered medical doctors and patients for the treatment of certain hair health conditions and sells compounded prescription and non-prescription products that are used to treat certain hair health conditions (“Products”). Additionally, Medical Hair Restoration gives access to useful medical information, continuing access to a doctor, and regular delivery of the Products, all of which are referred to as “Services.”

Medical Hair Restoration’s Services may be reviewed, adjusted, added to, or removed at any time, which means that the Services described in the Terms are not comprehensive and that the classifications contained herein may be changed to reflect the current Services provided by Medical Hair Restoration.

The information on this website, as well as any conversations you have with Medical Hair Restoration personnel (other than doctors), does not constitute medical advice. Always get medical advice from a registered doctor or your primary doctor to confirm that any drug or therapy you are considering is appropriate and safe for you.

Access

In order to successfully place an order on the Medical Hair Restoration Website, you must first:

be a South African citizen;
be able to sign a legally binding contract with Medical Hair Restoration;
be over the age of 18;
accept the terms and conditions and privacy policy of the agreement; and
You may not register or submit on behalf of anyone other than yourself.

You must give personal information such as your name, email address, sex, phone number, birth date, medical history, and shipping address in order to use the Medical Hair Restoration Website. Doctors will be able to conduct consultations using this information. It is your duty to keep this information up to date, accurate, and full. All private details we gather will be handled in line with our Privacy Policy.

You agree that we may contact you through our in-platform messaging application, email or phone if and when necessary, using the contact details you provided when creating your Medical Hair Restoration account.

Any and all services obtained via Medical Hair Restoration and the accompanying Doctor are for your personal use only.

Information Transparency and Accuracy

You agree that all information offered, provided, and communicated to any Medical Hair Restoration staff member, doctor, or healthcare practitioner while using a specific service will be absolutely true and correct in every respect (to the best of your knowledge) and that you will not intentionally simply ignore to provide any information that could fairly be judged to be potentially relevant to the Doctors and healthcare practitioners in a specific service. You understand the important information you supply and the significant implications of submitting inaccurate information.

Medical Hair Restoration Services are offered in good faith based on information provided by you by online questionnaire submission, phone call, in-platform messaging and/or text message. As a result, you must submit all relevant information about your present health and prior medical history, no matter how little, that may have an impact on the Services to be delivered.

It is also your obligation to tell your current doctor of any medications prescribed by the doctors.

There has been no change in my health.

All information and/or communication provided during the online questionnaire submission, telephone chat, text message, or other communication with a doctor is strictly your responsibility. If your illness worsens or your symptoms change, you agree to notify your doctor right away. If you require immediate assistance, consult your local emergency services right away.

The Legal Foundation

The following medico-legal relationship is completely between you and the attending doctor; the doctor calling or texting you in response to your request, or in response to your medical questionnaire submission or consultation.

Services

Medical Hair Restoration accepts no responsibility for the information of any virtual or in-practice consultation between the doctors and you and offers no promises, explicit or implied. You and the doctors are in charge of the consultation and any information or messages that are exchanged.

Doctors and healthcare providers assume the same level of personal responsibility for you as if they were seeing you in person. Doctors will take notes during your session, and it is their obligation to save and preserve your records in accordance with the law. Medical Hair Restoration may keep copies of your online medical form submissions and notes made by doctors or healthcare practitioners on file from time to time. Medical Hair Restoration accepts no responsibility should such information be compromised.

Medical Hair Restoration cannot guarantee that an online discussion is the best course of action for your specific health issue. Doctors and healthcare professionals will make this determination. You agree to seek out the prescribed therapy if a doctor suggests additional clinical assessment. You also promise to promptly call your own doctor if your illness or symptoms worsen. If you require immediate assistance, contact your local emergency services right away.

You agree that upon any significant adverse effects, you will contact Medical Hair Restoration to arrange for a follow-up visit with a doctor or other healthcare professional.

A dispensing pharmacy is available at Medical Hair Restoration. Medical Hair Restoration is the only way to complete your script. Medical Hair Restoration will ease the sale and payment procedure if you choose to utilise a pharmacy that is a partner of Medical Hair Restoration.

Products

Product availability and prices may change at any time without notice. Should there be a price/product/payment generating error, such as products and purchases not displaying the correct price or not calculating the correct number of products, you will be refunded and the order will be cancelled, even after you have made payment. . You will be informed via email if you have placed an order and a price change was made rendering your purchase not valid.

Doctors

Doctors licenced to practise in South Africa will attend to you, including but not limited to:

Larry Gershowitz, Ph.D.
Ryan Jankelowitz, M.D.
Taher Rasool, M.D.
Yaniv Lacob, MD
Chrisna Ludick, M.D.

Consent

You are providing informed permission for the “Services” by completing a medical questionnaire and clicking to accept these Terms.

Telehealth refers to the delivery of healthcare services between a doctor (or healthcare professional) and a patient who are not in the same physical area using electronic communications, information technology, or other methods. Telehealth can be used for appointment scheduling, diagnosis, treatment, prescriptions, prescription refills clinical assessments, follow-up, and/or patient education, and can include one or more of the following: electronic transmission of medical records, photo images, personal health information, or other data between a patient and a healthcare practitioner; audio, video, and/or data interactions between a patient and a healthcare practitioner. Alternative means of treatment, such as in-person Services, may be accessible to you, and you may pick one at any time. Always talk to your doctor or healthcare provider about other possibilities.

The use of telehealth may have the following potential advantages: making it easier and quicker for you to access medical care or other Services and therapies for the conditions treated by your Doctor(s) or healthcare practitioner(s); allowing you to acquire medical care or other Services and treatment from your Doctor(s) or healthcare practitioner(s) at times that are convenient for you; and allowing you to interact with Doctor(s) or healthcare practitioner(s) without the need to travel.
You accept that the servicing Doctor will determine if the diagnosis or treatment is suitable for a telemedicine consultation.

You also accept that any Doctor with whom you interact in connection with the Medical Hair Restoration Services may be affiliated with Medical Hair Restoration.

Telehealth Costs

A telemedicine consultation on the Medical Hair Restoration platform will cost R150. The pricing of Medical Hair Restoration is subject to change at any time.

Risks

While Medical Hair Restoration takes great care to save and secure your medical and purchasing information, we cannot be held liable if a mistake occurs and any issues with data privacy arise.

While using telemedicine to deliver treatment has the potential to be beneficial to you, there are also hazards involved with using telehealth and other technologies. These hazards include but are not limited to, the possibility that the quality, accuracy, or efficacy of the services provided by your doctor will be compromised.
You realise and agree that not having a physical examination with a doctor or healthcare practitioner has a risk.

Although improbable, there are privacy hazards associated with the use of telemedicine technology, such as a potential compromise of confidentiality during:

Collection of sensitive data via electronic means;
data delivery to Medical Hair Restoration, a doctor, or a third-party recipient’s system via electronic means; or
access to supporting devices storing data on them that is not authorised.

Issues with the server

You use the Services at your own risk, and you accept full responsibility for any risks that may arise as a result.
All information and services supplied through the Medical Hair Restoration platform are given “as is” with no explicit or implied warranties. Medical Hair Restoration and the attending Doctor, their shareholders, affiliates, officers, directors, managers, employees, advisers, and/or other representatives hereby waives all representations and warranties, express or implied, statutory or otherwise, include but are not limited to warranties of fitness for a particular purpose, to the fullest extent permissible under South African law or any other law. There is and shall be no guarantee as to the reliability, accuracy, speed, usefulness, sufficiency, completeness, or appropriateness of the Services and/or Products delivered.

Orders and Purchases of Subscriptions

Consultations

The amount charged for a doctor’s consultation is comparable to market-related consultation rates. These charges are not subject to any margin.

Prescription Drugs

The Terms will apply to the purchase of medications or other Products purchased through our website. Please keep in mind that the contract for prescription-only drugs is between you and our dispensing pharmacy. You and we shall enter a contract for the sale of Products that are not prescription-only medications. We have the right to refuse any order for any reason. We will notify you if we have been unable to accept your order.

After a valid script has been issued by one of our doctors, you will be entitled to purchase specific prescription products offered through the Medical Hair Restoration platform. You will not be able to receive a prescription medication unless you have had a consult with one of the Doctors, and the Doctor has determined that the prescription product is appropriate for you and has made a prescription for you.

After you’ve been accepted, you may choose from a variety of membership choices on our website. Unless discontinued at least 3 business days prior to the next payment date or following the subscription period, all subscriptions automatically renew.

When you finish a checkout, you will be charged the subscription amount. The subscription price is calculated once a doctor has stated what (if any) prescription will be given, so that the real cost of that drug may be factored into the charge. The price of your subscription is divided into many parts. The cost of pharmaceutical products is comparable to what a pharmacy would charge. The amount charged for a doctor’s consultation is comparable to market-related consultation rates. These charges are not subject to any margin. We keep the remainder of the subscription price as a membership fee, less any additional expenses of sale or related costs, as applicable. Unless you cancel your membership by giving us at least 3 business days’ notice for your next billing date or future subscription term, all subsequent charges will be made on a monthly or 3-monthly basis, as applicable.

The subscription fee will be repaid only in the following circumstances, subject to any further legal rights you may have (including under the South African Consumer Protection Act, No 68 of 2008):

a doctor denies the request (the Doctor or healthcare practitioner has complete discretion in approving or rejecting a request);
Any money-back guarantee offered by Medical Hair Restoration is valid;
an item you ordered is no longer available; or
There is a product or price mistake discovered.

All charges and pricing on our website are in ZAR (South African Rand) and include, where applicable, Value Added Tax. All delivery charges are included in the rates indicated on the Website for subscription orders. Benefits such as medical aid are not currently available for Medical Hair Restoration services.

When you complete checkout, you legally authorise Medical Hair Restoration to charge your relevant payment method for the subscription amount. We reserve the right to alter the price of your existing membership upon writing notification to you, with the new price taking effect the next time you repeat your subscription.

Subscriptions that aren’t medical are known as non-medical or non-prescription subscriptions.

The Terms shall apply to the sale of non-medical (non-prescription) Products that you purchase from our Website. Please keep in mind that the contract for non-medical goods sales will be between you and us. We have the right to refuse any order for any reason. We will notify you if we are unable to fulfil your order. Unless discontinued at least 3 business days prior to the next payment date or following subscription period, all subscriptions automatically renew.

When you finish a checkout, you will be charged the subscription amount. Unless you cancel your membership by giving us at least 3 business days’ notification before your next billing date or future subscription term, all subsequent charges will be made on a monthly or 3-monthly basis, as applicable.

The subscription fee will be repaid only in the following circumstances, subject to any further legal rights you may have (including under the South African Consumer Protection Act, No 68 of 2008):

Any money-back guarantee offered by Medical Hair Restoration is valid;
an item you ordered is no longer available; or
There is a product or price mistake discovered.

Purchases and Orders that are only made once

Online consultation is not required if you purchase a non-medical product made by Medical Hair Restoration (or its affiliates/partners), and you will be paid for the product when you place your order. When you finish checkout, you expressly authorise Medical Hair Restoration to charge your relevant payment method for the purchase amount. We may adjust the pricing for your current order upon writing a notice to you, with the new price taking effect the next time you purchase the Product.

Warranties

You expressly agree in favour of Medical Hair Restoration that all information offered, proffered, provided, discussed with, and/or communicated to any Doctor or healthcare practitioner while using a selected service will be completely true and correct in every respect and regard, and that you understand the serious repercussions if such information is not as presented and warranted.

Medical Hair Restoration provides no explicit or implied warranty or representation, subject to any and/or all relevant laws:

concerning any aspect of a particular Medical Hair Restoration Service, nor that you will be able to use or continue to use the Service, or that such use will be continuous and/or uninterrupted; and/or
that any software applications used to provide the chosen Service are virus-free, data error-free, faultless, or fault-free; and
that the website and services will be always free of errors or interruptions, that they will be always available, that they will be fit for any purpose, that they will not infringe on any third-party rights, that they will be secure and reliable, or that they will meet its delivery timeline prerequisites; and
Medical Hair Restoration shall utilise reasonable efforts to make and maintain the availability of its Services and Products for you, with the understanding that certain Services are supplied as available at the time and as is.
In the absence of severe negligence or deliberate misconduct, Medical Hair Restoration will not be liable to anybody for the content of and/or usage of materials or products that make up the chosen service, whether
provided by Medical Hair Restoration or by a third party.
Medical Hair Restoration makes no representations or warranties about the suitability of the Products and Services available via the Website for your intended use. All Products and Services available via the Website are offered “as is,” with no explicit or implied warranties of any kind.

Medical Hair Restoration and the Doctor Who Will Attend:

make no representations or warranties about the content of any info or answer; and
do not at any level guarantee that speaking with a doctor over the phone or over text messaging is the best course of action for your specific healthcare issue.
We retain the right, at any time and without notice, to restrict, suspend, or cancel your access to this Website, any Content, or any feature of this Website, and we will not be liable for any loss, expense, damage, or liability that may come as a consequence.

Moreover, you represent and warrant to Medical Hair Restoration and in its favour that you:

having read the terms and conditions, as well as any extra terms and conditions, rules and regulations, that may apply to Medical Hair Restoration Service you have selected;
are at least eighteen years old;
be aware of the cost implications of subscribing to the service;
will be in a financial condition to satisfy your contractual duties at all times;
are authorised to make payment using a digital electronic device or payment (debit or credit) card, as applicable, and that sufficient funds are available to purchase your order.

Indemnity

You agree to defend and indemnify, and hold Medical Hair Restoration, the attending doctors, and their affiliates harmless from and against all liability, damages, losses, expenses, and costs, including all attorney’s fees, arising out of or related to any breach of the Terms, your relationship with Medical Hair Restoration, or any negligent or wrongful action or omission by you related to your use of Services through Medical Hair Restoration, or any wrongful or negligent action or omission by you.

Liability

To the extent permitted by law, we will not be liable for any indirect loss, damage, or expense incurred as a result of your use of our Website and/or the information or materials contained on it, or as a by-product of this Website’s inaccessibility and/or the fact that certain information or materials contained on it are incorrect, incomplete, or out-of-date, regardless of how it occurs.

Medical Hair Restoration disclaims any liability arising from the supply of Services by third-party providers, such as doctors and healthcare practitioners, to the degree permissible by relevant legislation. The proper third-party supplier will be held liable, and Medical Hair Restoration will not be held liable under any circumstances. Insofar as this is mentioned in a consultation, all doctors are exclusively responsible for your medical care.

Without limiting the applicability of the exclusions and limitations set forth in this section, Medical Hair Restoration will not be liable to you for any harm and the losses (whether such losses were foreseen or otherwise), to the extent permitted by applicable law:

a decrease in emotional well-being;
a data loss or client data merging with another clients’;
revenue or profit forecasted to be lost;
loss of revenue;
a missed chance;
a loss of goodwill or a smear campaign;
monetary losses incurred by third parties; or
any indirect, consequential, exceptional, or exemplary damages, regardless of the form of action, arising from the use of the Medical Hair Restoration service.

Waiver

Medical Hair Restoration and/or all those associated and/or affiliated with it, including the attending Doctors, shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any details, Services available on or through Medical Hair Restoration and/or all those associated and/or affiliated with it. As a result, in exchange for the Services provided, you hereby waive your or your family member’s right to and actually bring any normal, reasonable, and/or legally enforceable claim, action, proceeding, application, and/or demand against Medical Hair Restoration and/or all those associated and/or affiliated with it, including the responding Doctors, for any aforementioned harm or losses.

Rights to intellectual property

Unless otherwise stated, we own or licence all rights, title, and interest (including copyright, creations, patents, trademarks, and other intellectual property rights) in this Website and all material (including all text, graphics, logos, audio, and software) made available on this Website (“Content”) from third parties.

This Website, as well as your use of and access to any Content, does not grant or transfer any rights, title, or interest in this Website or the Content to you. However, we do offer you a licence to use the Website and view the Content in accordance with these Terms of Service and, where appropriate, as expressly authorised by us and/or our third-party licensors.

Any copy or distribution of this Website or the Content is strictly forbidden and may result in legal consequences. Furthermore, you must not copy the Content to any other server or area, and you must not assist in the publishing, replication, or distribution of the Content.

Except to the extent authorised by law, any other use, copying, or reproduction of this Website, the Content, or any portion of it is forbidden.

Data

Our Privacy Policy, which also extends to your use of our website, explains how we handle any personal information we obtain from you or that you supply to us. We will only use your personal data in accordance with our privacy policies.

Jurisdiction

The laws of South Africa govern your use of the Website and these Terms. You are presumed to be within the South African boundaries and subject to the jurisdiction of the South African courts for any issue connected to Medical Hair Restoration if Medical Hair Restoration does not have a presence and/or services in your country and you are not inside South Africa.

There is no guarantee.

Severability

If any of these Terms is found to be illegal, invalid, or otherwise unenforceable under the laws of South Africa, then that Term shall be severed and deleted from the agreement to the extent and within the jurisdiction in which it is illegal, invalid, or unenforceable, and the remaining Terms shall survive, continue to apply and effect, and continue to be binding and enforceable.

Our Internet Site

Commercial Use Is Prohibited

Our website is solely for personal and household use. You agree not to use our website for any business or commercial objectives, and we will not be liable to you for any loss of profit, business, disruption, or opportunity.

Content on the Website

The content on our website is not exhaustive and is meant to serve as an overview of the topics discussed. While we make all reasonable efforts to guarantee the truth and completeness of the material on our website, we offer no assurance on the information on this Website to the extent permissible by law, including the South African Consumer Protection Act, No 68 of 2008. You should keep an eye on any modifications to the content on this site.

If there is any interference with or harm to your computer systems as a result of using this Website or a connected website, we are not responsible to you or anyone else. You must take your own steps to ensure that everything you download from our website is free of viruses or other malware (such as worms) that might disrupt or harm your computer systems’ functions.

Without prior notice to you, we may update or add to the Website (including the Terms) or the information, Products, and Services as described in it at any time. However, we make no commitment to keep the Website up to date. We are not accountable to you or anyone else, to the extent permissible by law, if the information on the Website contains mistakes or is out of the current.

Cookies on a Website

A cookie is a small text file that is stored in your computer’s memory or on your hard drive for a period. Cookies are used to identify particular computers in order to collect aggregate data on how visitors interact with our website. Our information will aid in better tailoring this Website to meet individual needs. Medical Hair Restoration may employ third-party vendors to display our advertisements on third-party websites and to offer these advertisements based on a User’s previous visits to our website. Medical Hair Restoration may also use analytical data to inform and optimise our ad campaigns, based on your previous visits to our website.

Cookies allow a computer to be identified, but they do not contain individual information about a particular person. Please consult the instructions for your internet browser for details on cookie settings.

Links to Other Websites

Our website may include connections to third-party websites, such as media websites. Those links are provided for your convenience only, and they may or may not be kept up to date or maintained. We are not responsible for or endorse the Content on any linked websites.

Please get in touch with us

Please contact us by e-mail at info@mhrhairclub.co.za / info@medhair.co.za or by mail using the details provided below for additional information about our privacy practices, if you have questions, or if you would like to lodge a complaint about our privacy practices.

Address to Shan Coetzee
De Waterkant Centre, 4th Floor, 9 Somerset Road, Green Point, Cape Town, 8005 South Africa
+27 21 425 7755