Schedule A - GMed EMR Terms

1 Acceptance of Terms

These EMR Terms and Conditions (“EMR Terms”) govern access to and use of the Gobycon Med Electronic Medical Record service (“GMed EMR” or the “Service”). These EMR Terms form a supplementary schedule to, and must be read together with, the GMed General Terms and Conditions and Privacy Policy, which are incorporated herein by reference.

By creating an account, subscribing to an EMR package, or using the Service, you agree to be bound by these EMR Terms. 

By registering for and/or using the GMed EMR Service, you confirm that you have read, understood, and agree to these EMR Terms.
If you do not agree, you must not access or use the Service.

 

2 Definitions

• “'Account” means your personal GMed EMR account established upon registration.

• “'Content” or “Health Records” means all electronic data, including medical documents, images, reports, notes, and metadata uploaded to or generated within the Service.

• “'Member”, “User”, “you”, or “your” means the individual who creates an Account and subscribes to the Service, including any dependants lawfully linked to that subscription.

• “'Legacy Contact” or “Executor” means a person lawfully designated by you to access your Account after your death, subject to identity and authority verification.

• “'Post-Mortem Period” means the six (6) year period following verified proof of death.

• “'Membership ID” means a system-generated, unique identifier associated with your Account.

• “'Temporary Access Link” means a time-limited, encrypted link granting restricted access to a specific folder within the EMR vault.

 

3 Membership, Subscription, And Payment

• Membership Creation
  Membership is established when a User successfully creates an Account on the GMed platform.

• Subscription Basis
  EMR Services are offered on a subscription basis, according to the selected EMR Subscription Package.

• Fees and Payment

  • Subscription fees are payable in advance

  • Fees are non-refundable except where required by law, including cancellation rights, failure to provide the Service, or termination not caused by the User

  • Fees and billing cycles are disclosed prior to subscription activation, where applicable

• Automatic Renewal
  Subscriptions automatically renew unless cancelled before the renewal date.

• Plan Changes
  Upgrades or downgrades take effect at the start of the next billing cycle.

 

4 Nature of The Service

• GMed provides a digital health information management service, not medical advice or clinical care.

• No Clinical Review
  GMed does not review, validate, or interpret Health Records for medical accuracy or completeness.

• Relationship to Clinical Services
  Use of the EMR does not, by itself, establish a practitioner–patient relationship.

​

5 Data Ownership, Anonymisation, And Access

• Data Ownership
  You retain ownership of the Health Records you upload.

• Licence to GMed
  You grant GMed a limited, non-exclusive licence to store, encrypt, process, and transmit Health Records solely for the purpose of providing the Service.

• Anonymised Storage
  Health Records are stored using technical measures designed to minimise direct identifiers and reduce linkage risk.

• Identity Verification for Access
  Notwithstanding anonymised storage:

  • Access to Health Records

  • Account recovery

  • Subscription changes

  • Post-mortem access

      require identity verification using reasonable and proportionate measures to prevent unauthorised access and comply with GDPR and POPIA.

• GMed may lawfully refuse access where identity or authority cannot be verified.

​

6 Data Storage, Sharing, And Third Parties 

• Storage Location
  Health Records may be stored on third-party infrastructure providers under GMed’s Data Processing Agreement and SCCs where applicable.

• Temporary Sharing
  By generating a Temporary Access Link, you authorise GMed to:

  • Provide limited access to the specified folder only

  • Transmit the link via encrypted communication channels

• User Responsibility
  You are solely responsible for:

  • Ensuring the recipient’s identity and email accuracy

  • Revoking access where no longer required

• Third-Party Uploads
  If upload rights are granted, GMed assumes no responsibility for content uploaded by third parties.

​

7 Data Retention and Storage Duration

• 7.1 Storage Period Selection

  • Your chosen storage duration (20 years, 40 years, or Lifetime) begins on Account activation and is subject to legal minimum retention requirements.

• 7.2 Lifetime Definition

  • “Lifetime” means the duration of the Member’s natural life.

• 7.3 Post-Mortem Access (Legacy Plus Plan Only)

  • Upon receipt of verifiable proof of death:

    • The Account enters Legacy Status

    • The Legacy Contact may retrieve Health Records during the Post-Mortem Period

• 7.4 Mandatory Deletion

  • Six (6) years and thirty (30) days after verified death, all Health Records shall be permanently deleted, unless continued retention is required by law. Reasonable advance notice shall be provided to the Legacy Contact prior to final deletion, where practicable.

• 7.5 Plan Lapse or Non-Payment

  • After a 90-day grace period, GMed may deactivate and delete the Account, subject to statutory retention obligations.

​

8 User Responsibilities

• You are responsible for:

  • Safeguarding access credentials

  • Ensuring lawful upload of Health Records

  • Maintaining accurate and complete information

  • Informing the Legacy Contact of their designation

 

9 GMED Responsibilities and Limitation Of Liability

• Service Availability
  The Service is provided on an “as available” basis.

• Security
  GMed implements appropriate technical and organisational measures but cannot eliminate all risks.

• Medical Disclaimer
  GMed is not a healthcare provider in relation to the EMR Service and assumes no liability for medical decisions made using stored data.

• Identity Safeguards
  GMed employs identity verification for access but is not liable for misuse resulting from compromised credentials.

• Limitation of Liability
  To the maximum extent permitted by law, GMed shall not be liable for indirect, incidental, or consequential damages. Nothing in these Terms limits or excludes liability for gross negligence, fraud, wilful misconduct, or any liability that cannot be excluded under the law.

• ​

10 Indemnification

• You indemnify GMed against claims arising from:

  • Unlawful uploads

  • Improper sharing

  • Misuse of the Service

• Third-party reliance on stored data

​​

11 Privacy and Data Protection

• Personal and health data are processed in accordance with:

  • GDPR

  • POPIA

  • The GMed Privacy Policy

• GMed acts as Data Controller for EMR Services.

• GMed is not a HIPAA Covered Entity; users upload data on their own behalf.

​

12 Termination

• 12.1 You may terminate your Account at any time.

• 12.2 Data may be requested within 30 days of termination, subject to identity verification.

• 12.3 After this period, deletion shall proceed in accordance with retention obligations.

​

13 GOVERNING LAW

By continuing to access or use GMed services, platforms, applications, or websites, you confirm that you have read, understood, and agree to be bound by the following order of documents, as amended from time to time:

• GMed Terms & Conditions

• EMR Terms & Conditions

• Privacy and Security Policy

• Data Processing Agreement / SCCs

Where any inconsistency arises, the General Terms prevail, except where the EMR Terms expressly supplement them for EMR-specific matters.

​

14 Governing Law

These Terms are governed by the laws of the Republic of South Africa, with GDPR applying where EU data subjects are involved.

 

Contact Details

For questions about these terms please contact us at:
GMed EMR Support
Email: accounts@gobyconmed.com

​WhatsApp/Phone number: +27 76 469 5837