1.1 This document ("Terms and Conditions") constitutes the agreement between Refuah Medical Services Proprietary Limited ("Infinity Medical Concierge") and a member of the Infinity Medical Concierge programme administered by Infinity Medical Concierge ("Infinity Medical Concierge Programme") who has also signed up to the Infinity Medical Concierge wearable monitoring programme ("Member"), a programme which has been established and is administered by Infinity Medical Concierge for the Members that wish to receive the Monitoring Services (as defined below) ("Infinity Medical Concierge Wearable Monitoring Programme").
1.2 Infinity Medical Concierge provides certain services to Members whereby it collects, stores, processes and monitors the healthcare and vitals data of Members ("Healthcare Data") in order to (i) identify any causes for concern in such Healthcare Data and notify or alert Members of any such concerns; and (ii) create, recommend and, from time-to-time, alter, adjust or replace personalised health plans for Members, as more fully specified in clause 5.3 of these Terms and Conditions ("Monitoring Services"). To facilitate the Monitoring Services and the healthcare interactions between Members and Healthcare Professionals ("HCPs"), Infinity Medical Concierge has established a platform which consists of, inter alia, a mobile app, a call centre, an online patient portal and a health information storage system ("Platform"). Infinity Medical Concierge will, subject to clause 5.5, use the Platform together with the ROOK mobile application (as administered by Rookeries Development Corp. ("ROOK"), a third party) ("ROOK Platform") and OpenAI, to render the Monitoring Services.
1.3 The ROOK Platform connects to the Healthcare Data sets of Members as collected by the Member's wearables (e.g., fitness devices or activity trackers) ("Wearables") and as contained in various health apps in order to retrieve such Healthcare Data and provide it to Infinity Medical Concierge. Infinity Medical Concierge then uses OpenAI to analyse the Healthcare Data that has been collected and stored by Infinity Medical Concierge in order to render the Monitoring Services, including (but not limited to) identifying causes of concern in the Healthcare Data and notifying Members.
2.1 Membership of the Infinity Medical Concierge Wearable Monitoring Programme ("Monitoring Services Membership") is open to any individual (i) who wishes to use the Platform and Monitoring Services; and (iii) whose Monitoring Services Membership has been approved by Infinity Medical Concierge.
2.2 The cost of the Monitoring Services Membership is a cost per Member and is included in the cost of the Member's membership of the Infinity Medical Concierge Programme.
2.3 Monitoring Services Membership may be terminated by either Infinity Medical Concierge or the Member on 30 (thirty) calendar days' notice.
2.4 Monitoring Services Membership is personal to the Member as a natural person and cannot be transferred to any other person. Therefore, the Member's rights and obligations under these Terms and Conditions may not be ceded, transferred or assigned by the Member.
2.5 Monitoring Services Membership shall terminate upon the death or immigration of a Member or the termination by the Member of his/her membership of the Infinity Medical Concierge Programme, or upon the occurrence of any other event that would make performance under these Terms and Conditions impossible.
3.1 In order to access and use the Platform and related Monitoring Services, the Member is required to use the Platform profile created by the Member as part of the Member's membership of the Infinity Medical Concierge Programme.
4.1 Infinity Medical Concierge hereby grants to the Member a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Platform and related Monitoring Services, subject to these Terms and Conditions.
4.2 The Member acknowledges that Infinity Medical Concierge reserves the right to offer additional functionality and options as part of the Platform and the Monitoring Services from time-to-time without notice to the Member.
4.3 The Member acknowledges that the Monitoring Services do not create or constitute a regulated medical device and should not be treated as such by the Member.
4.4 Infinity Medical Concierge does not guarantee compliance with any regulatory requirements outside South Africa and the Member hereby acknowledges and agrees to hold Infinity Medical Concierge harmless any liability arising whatsoever and howsoever arising in connection with the use of the Monitoring Services outside of South Africa.
5.1 The Member acknowledges that Infinity Medical Concierge does not deliver any healthcare services. It provides and administers the Platform and renders the Monitoring Service.
5.2 The Monitoring Services may provide alerts or notifications to Members or the staff of Infinity Medical Concierge, but (i) these are not to be relied upon by the Member as a substitute for routine medical care, diagnosis, health monitoring, or emergency services; and (ii) alerts or notifications may be delayed, not communicated to the Member by the staff of Infinity Medical Concierge, or not always correspond to any genuine medical concern.
5.3 Infinity Medical Concierge may not detect all abnormalities due to limitations in the Healthcare Data provided by the Member's Wearables, the health applications of the Member that installed on the Member's Wearables, OpenAI's analysis and platform/device compatibility and a failure by the Member to comply with their roles and duties, as set out in clause 6 (including but not limited to a failure to provide the Platform and/or ROOK Platform with sufficient permissions and access to the relevant Wearables, applications or Healthcare Data sets).
5.4 Infinity Medical Concierge does not have any responsibility or liability for any healthcare services provided to the Member by an HCP, whether as a result of the Monitoring Services or otherwise.
5.5 Members may not rely on the Monitoring Services in relation to time-sensitive emergencies (including but not limited to heart attacks, strokes, fits, etc), in which instances the Member is fully responsible to contact emergency services.
5.6 The provision of any healthcare services, including any emergency medical services, is the duty of the HCPs, who assume full responsibility for their services.
5.7 Infinity Medical Concierge is not a funder of healthcare services and does not operate as a medical scheme, or as an insurance or other financial services provider.
5.8 The Platform includes Monitoring Services that, inter alia:
5.8.1 collects the Healthcare Data from the ROOK Platform in a summarised and harmonised form with an identifier in respect of the Member;
5.8.2 stores the Healthcare Data on the Platform for monitoring purposes;
5.8.3 supplies the Healthcare Data to OpenAI without any identifiers or identifiable information for analysis by OpenAI in order to determine if there are causes of concern;
5.8.4 processes the findings of OpenAI in order to determine if there are any causes of concern;
5.8.5 notifies the Member by way of phone calls, WhatsApp, SMS email or Platform notifications of any causes of concern in their Healthcare Data; and
5.8.6 creates, recommends and from time-to-time, alters, adjusts or replaces personalised health plans for Members, based on their Healthcare Data, through the Platform.
5.9 Infinity Medical Concierge does not determine the healthcare services to be rendered to a Member or the billing for such healthcare services, which remain within the purview of the relationship between the HCP and the Member or, where applicable, the emergency medical service provider and the Member.
5.10 Infinity Medical Concierge may, and reserves the right to, in its sole, absolute and unfettered discretion utilise the services and technology of platforms and service providers other than ROOK and OpenAI (and this may include, without limitation, other platforms owned and/or developed by Infinity Medical Concierge) for the purposes of rendering the Monitoring Services, without prior notice to the Member.
5.11 The Member agrees to indemnify and hold harmless Infinity Medical Concierge, its directors, employees and agents in respect of any and all costs, losses, liabilities and damages, howsoever arising, and whether direct, indirect or consequential, out of:
5.11.1 the rendering of healthcare services to the Member by an HCP, or where applicable, the emergency medical service provider;
5.11.2 any missed, delayed or inaccurate notifications or alerts; or
5.11.3 any health outcomes of the Member as a result of any circumstances, including but not limited to a failure to detect any concerns, reliance on incorrect or inaccurate analysis by OpenAI, inaccurate or incomplete Healthcare Data collection, and misuse of the Monitoring Services by the Member.
6.1 Monitoring Services Membership only covers access to the Platform and the Monitoring Services rendered by Infinity Medical Concierge, as outlined above.
6.2 In addition to any other roles and duties of the Member as contained in the terms and conditions applicable to the Member's membership to the Infinity Medical Concierge Programme (as amended from time-to-time), the Member remains responsible for ensuring that:
6.2.1 the personal and/or health information it provides to Infinity Medical Concierge and uploads to the Platform is accurate and up to date;
6.2.2 it wears a Wearable with the necessary applications installed thereon and that the Wearable and all applications are functioning, properly connected and compatible with the Monitoring Services, Platform and the ROOK Platform;
6.2.3 that the Platform and ROOK Platform are open and active in the background of their Wearable and connected to a phone so that all Healthcare Data can be continuously collected and accessed;
6.2.4 that the Wearables, Platform, ROOK Platform and any other relevant applications have access to a stable internet connection; and
6.2.5 it provides the Platform and Rook Platform with all necessary permissions and access to the Wearables, the Healthcare Data collected by the Wearables, and the various applications that store such Healthcare Data.
6.3 The Member consents to being registered on the Platform for the Monitoring Services which will include storage of the Healthcare Data.
6.4 Members are not obligated to use the Platform as a means of seeking healthcare or continuing to seek healthcare. Members can continue to use their existing or preferred HCPs based on their preference.
6.5 Members may link HCPs to their Profile and in doing so, such Members consent to giving the HCPs access to the Healthcare Data uploaded to and/or stored on the Platform.
7.1 For the purpose of this clause 7 (and where applicable elsewhere in these Terms and Conditions), the following words shall bear the following meanings:
7.1.1 "Data Breach" means any incident in terms of which reasonable grounds exist to believe that the Personal Information of a Data Subject has been accessed or acquired by any unauthorised person;
7.1.2 "Data Protection Legislation" means any and all laws (whether of South Africa or any other jurisdiction) relating to the protection of data or of Personal Information relevant to a person, any applicable law relating to the Processing, privacy, and use of Personal Information, including POPIA and, to the extent applicable, the General Data Protection Regulation 2016/679, and any corresponding or equivalent national laws or regulations; or approved codes of conduct or approved certification mechanisms issued by any relevant regulatory authority and the protection of Personal Information;
7.1.3 "Data Subject" means the person (whether natural or juristic) to whom personal information relates, being the Member;
7.1.4 "Information Officer" means the head of a private body as contemplated in section 1 of PAIA;
7.1.5 "Information Regulator" means the regulatory body established in terms of section 39 of POPIA, charged with enforcing compliance with POPIA;
7.1.6 "Intellectual Property" means any know-how (not in the public domain), invention (whether patented or not), design, trade mark (whether or not registered), or copyright material (whether or not registered), processes, process methodology (whether patented or not), and all other identical or similar Intellectual Property as may exist anywhere in the world which is not in the public domain and any applications for registration of such Intellectual Property;
7.1.7 "PAIA" means the Promotion of Access to Information Act, No. 2 of 2000;
7.1.8 "Personal Information" means any information which can be used or reasonably used to identify or which relates to a Data Subject, or as otherwise defined under applicable Data Protection Legislation;
7.1.9 "POPIA" means the Protection of Personal Information Act, No. 4 of 2013 and all regulations thereto;
7.1.10 "Privacy Policy" means the terms of Infinity Medical Concierge's Privacy Policy accessible at https://www.infinity-mc.com/privacy-policy;
7.1.11 "Process" shall have the meaning ascribed thereto in applicable Data Protection Legislation;
7.1.12 "Responsible Party" means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for Processing Personal Information; and
7.1.13 "Special Personal Information" means the special category of Personal Information as referred to in section 26 of POPIA.
7.2 In order to provide the Platform and related Monitoring Services to the Member, Infinity Medical Concierge shall be exposed to and process the Member's Personal Information, which may include Special Personal Information and, therefore, Infinity Medical Concierge hereby undertakes to adhere to POPIA, any applicable Data Protection Legislation and the Privacy Policy to ensure that the Member's Personal Information which is obtained and Processed through the use of the Platform is kept private and confidential.
7.3 Generally, Infinity Medical Concierge will store all the Member’s Personal Information for purposes of rendering the Monitoring Services.
7.4 Infinity Medical Concierge may store the health records (such as the Healthcare Data), family information and relationships, patient notes, past medical history, medications, allergies, health metrics (from Wearables and diagnostic test results) of the Member, including the notes made by the HCPs in respect of that Member.
7.5 Further, it is specifically acknowledged that all calls and other interactions between the Member and Infinity Medical Concierge may be recorded and such recordings may be stored in the Member's file.
7.6 Infinity Medical Concierge may, through the Platform, provide access to the Member’s health records to the Member's elected HCPs, and such access will include the Healthcare Data of such Member and notes of other HCPs who have consulted with the Member. The purpose of this is to ensure that each authorised HCP is able to have a complete picture of the Member’s health and healthcare and that, in case of an emergency, all records are easily accessible. The Member acknowledges that incomplete sharing of information may have an impact on the care rendered. The Member hereby consents to such Processing. Such access may be revoked by the Member at any stage via written consent between Infinity Medical Concierge and the Member.
7.7 All Members’ Healthcare Data is stored by a third party contracted to Infinity Medical Concierge for such purpose on a server based in England, and this constitutes transborder information transfer as governed by section 72 of POPIA. [To that effect, Infinity Medical Concierge has entered into an agreement with such third party, being Xano Inc, to ensure that the Personal Information of the Member is processed and specifically stored, in line with the principles entrenched in POPIA, any applicable Data Protection Legislation and the Privacy Policy. The Member acknowledges that such third party may, from time to time, gain access to and Process the Member's Personal Information and hereby consents to such Processing.]
7.8 Infinity Medical Concierge partners with ROOK (using the ROOK Platform) in order to collect the Healthcare Data. Accordingly, the Member consents to its Personal Information and Special Personal Information being shared by Infinity Medical Concierge with ROOK on a de-identified basis (with such information Personal Information and Special Personal Information being shared using a unique Membership ID) and hereby acknowledges that the Member's use of the ROOK Platform shall be subject to ROOK's own terms and conditions and privacy policy, as are available at https://www.tryrook.io/terms-rook-connect and https://www.tryrook.io/privacy-policy.
7.9 The Member consents to the Processing, in general and specifically to the storage and use of the Personal Information, (which may include Special Personal Information) and such consent is given on the following basis:
7.9.1 to allow Infinity Medical Concierge to supply the Healthcare Data to OpenAI for analysis on the basis that no personally identifiable information is shared with third parties and only anonymised health data is supplied thereto;
7.9.2 to allow Infinity Medical Concierge to receive, process and store the Healthcare Data supplied to it by ROOK via the ROOK Platform;
7.9.3 to provide the elected HCPs with a complete health record for each Member, which will be used by the HCPs to update the health and wellness plan, to track patient progress and to ensure readily available information in cases of emergencies;
7.9.4 to the transferring of its Personal Information or Special Personal Information to a jurisdiction outside of South Africa, provided that the consent to the Processing shall be for the purpose contemplated in these Terms and Conditions and/or the hosting of the Personal Information as contemplated in clause 7.7 above;
7.9.5 Infinity Medical Concierge and/or its designated emergency service provider may access the Member’s health records, including the Healthcare Data, in an emergency so as to assist in the care to be rendered to the Member;
7.9.6 Infinity Medical Concierge will respect the Member's wishes in relation to the person whose details the Member provided to Infinity Medical Concierge to consent to care, when the Member is unable to; and
7.9.7 to ensure that each Member's elected HCPs are able to have a complete picture of the Member’s health and healthcare and that, in case of an emergency, all records are easily accessible.
7.10 Infinity Medical Concierge's Information Officer is Antony Seeff. Please contact him at concierge@infinity-mc.com, should you wish to exercise any of your Data Subject access rights under POPIA or any applicable Data Protection Legislation, including in cases of Personal Information changes, opt-outs, information destruction and any matter pertaining to the Personal Information used as part of the Platform.
7.11 Infinity Medical Concierge will keep the information obtained as part of maintaining the Platform for as long as it is necessary to achieve the purpose for which it was collected, unless further retention is permitted in terms of any applicable Data Protection Legislation or other exceptions under POPIA apply. Where Infinity Medical Concierge retains Personal Information for longer periods for statistical, historical or research purposes, Infinity Medical Concierge will procure that appropriate safeguards have been put in place to ensure that all recorded Personal Information will continue to be Processed in accordance with any applicable Data Protection Legislation. Further, once the purpose for which the Personal Information was initially collected and Processed no longer applies or becomes obsolete, Infinity Medical Concierge will ensure that the Personal Information is deleted, destroyed or de-identified sufficiently so that a person cannot re-identify the Data Subject. The Data Subject acknowledges that in instances where Infinity Medical Concierge de-identifies a Data Subject's Personal Information, Infinity Medical Concierge may use such de-identified information indefinitely.
7.12 In the event of a Data Breach, Infinity Medical Concierge will address any such Data Breach in accordance with POPIA or any applicable Data Protection Legislation.
7.13 Where Personal Information relating to someone other than the Member is provided to Infinity Medical Concierge as part of the Member's access to the Platform and consumption of related Monitoring Services, the Member warrants that it is authorised to provide such Personal Information to Infinity Medical Concierge and hereby authorises Infinity Medical Concierge to Process such Personal Information for purposes related to these Terms and Conditions. In this regard, the Member indemnifies Infinity Medical Concierge for any failure to comply with this clause 7.13 and against any third party claims that might be brought against Infinity Medical Concierge as a result of such failure.
7.14 When their Monitoring Services Membership terminates, the Member may download all of their Personal Information from the Platform. No guarantees can be made in relation to the future availability or accessibility of information not so downloaded from the system, and such information may be destroyed after termination of their Monitoring Services Membership.
7.15 If a Member terminates their Monitoring Services Membership, the HCPs with whom the Platform has linked the Member will be informed of that fact and the Member will be provided with an opportunity to download the information the Member has created and/or maintained on the Platform.
7.16 A recordal of the Member's rights under POPIA is included in the Privacy Policy.
8.1 The Member agrees to their details (including full name, birth date, address, email address, telephone number, ID/passport number, photo, medical history, surgical history, allergies, current medication, and current doctors) being added to the Platform.
8.2 All calls and all information uploads made via the Platform to HCPs will be recorded, as part of the patient-record. This includes health-related communications, as well as queries on Monitoring Services Membership and other related queries directed to Infinity Medical Concierge.
8.3 Subject to these Terms and Conditions and consents of the Member provided herein, no HCP information, patient information or any other Personal Information kept and/or used by Infinity Medical Concierge will be disclosed to any third party, without the written consent of the person whose information it is.
8.4 Where a law or court compels disclosure, Infinity Medical Concierge will give effect to such disclosure, but will inform the relevant Member of such disclosure.
8.5 Infinity Medical Concierge may keep de-identified statistics, including of the number of Members, numbers of HCPs and broad geographic locations so as to improve its service offering.
8.6 The Member provides consent to the retrieving and uploading of existing health records by the Member, Infinity Medical Concierge and/or any HCP onto the Platform.
9.1 Infinity Medical Concierge shall take appropriate, reasonable technical and organisational measures to prevent the loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information, by, inter alia, employing industry standards; restricting and controlling access; encrypting the data; using best-of-breed tools to store, process, and encrypt data; regular external security audits; and comprehensive security policies.
9.2 Any compromise of data integrity or confidentiality will be reported to affected persons and all Members, as well as to the Information Regulator, in accordance with the requirements of POPIA or any applicable Data Protection Legislation.
9.3 If errors in uploading Member or health information do occur, they will be rectified as soon as reasonably possible when brought to the attention of Infinity Medical Concierge.
10.1 Access to the Platform is permitted only in accordance with these Terms and Conditions and the terms and conditions of the Infinity Medical Concierge Programme (as amended from time-to-time). Infinity Medical Concierge reserves the right to suspend or terminate the Member's access to and use of the Platform, or any part thereof, without notice, upon any breach of these Terms and Conditions.
10.2 The Member's use of the Platform, including prohibitions and restrictions on such use, shall be as set out in the terms and conditions of the Infinity Medical Concierge Programme (as amended from time-to-time).
11.1 The source codes, programming and related aspects, information, content, products or services including (without limitation) any text, software, icons, images, sound clips, trade names, logos, designs, trademarks, service marks any other Intellectual Property which are displayed on, available on, incorporated into or associated with the Platform, belong to Infinity Medical Concierge and/or its contractors and all use- and/or tampering therewith is prohibited, without the written consent of Infinity Medical Concierge.
11.2 No person shall acquire any right, title or interest, including any Intellectual Property rights, in or to the Platform or Monitoring Services other than rights of use as expressly granted in these Terms and Conditions.
12.1 Use of the Platform and the Monitoring Services is entirely at the risk of the Member and their linked persons.
12.2 Subject to the provisions of the CPA, POPIA, any applicable Data Protection Legislation and the Electronic Communications and Transactions Act, No. 25 of 2005, and to the fullest extent allowed by law, Infinity Medical Concierge shall not have any liability whatsoever in relation to the Platform and the Monitoring Services. The Member indemnifies Infinity Medical Concierge against any loss arising from the use of or reliance on the Platform and the Monitoring Services or, alternatively, arising out of any of the events contemplated in clause 12.3 below, or any actions or transactions resulting therefrom, even if Infinity Medical Concierge has been advised of the possibility of such loss.
12.3 Although Infinity Medical Concierge takes reasonable steps to secure the Platform and the technology that enables the Monitoring Services, Infinity Medical Concierge will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Platform and/or the Monitoring Services for any reason whatsoever. The Member may report any technical or other difficulties at concierge@infinity-mc.com.
12.4 The Member will use its best endeavours to ensure that all information, when uploaded, printed or amended, is done so securely and accurately. The Member may make back-ups and/or copies of information belonging to the Member that has been uploaded to the Platform.
12.5 Infinity Medical Concierge shall not be liable for any indirect, consequential, special, incidental or punitive damages or for any loss of profits or loss of business opportunities.
12.6 To the fullest extent allowed by law and subject to the provisions of the CPA and POPIA, if any of the limitations or exclusions of liability in these Terms and Conditions are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability of Infinity Medical Concierge exceed ZAR100.
12.7 The Member acknowledges that the Platform and Monitoring Services are not intended to, and do not, constitute professional healthcare services or advice and do not replace such advice or services, including (without limitation) in respect of any diagnosis, treatment or care to a specific health question or condition. In particular:
12.7.1 Members must address all healthcare queries, concerns or questions to their elected HCP or another healthcare professional; and
12.7.2 decisions in relation to healthcare must be made by Members based on the advice and information provided by such Member's elected HCP, irrespective of the healthcare services being facilitated by Infinity Medical Concierge. All healthcare decisions, and the interpretation of information, must be done in conjunction with the elected HCPs.
12.8 The Platform and Monitoring Services do not constitute a healthcare professional-patient relationship nor do they replace the relationship between a HCPs and their patients.
12.9 Members take full responsibility for their decisions to provide access to HCPs, and/or to withdraw such access, and Infinity Medical Concierge will not interfere in such decisions. In instances of such access being withdrawn, or in the event of a cancellation of Monitoring Services Membership, the matter remains one relating to the professional relationship between the Member and the HCP. Infinity Medical Concierge will not be responsible for the access granted or refused to any HCP by a Member.
13.1 Subject to the variations or amendments provided for in terms of clause 13.2 below, no other variation or amendment, in any form whatsoever, of these Terms and Conditions will be enforceable or binding on Infinity Medical Concierge unless Infinity Medical Concierge has agreed to such variation or amendment in writing.
13.2 Infinity Medical Concierge is entitled and reserves the right to vary or amend these Terms and Conditions from time to time in its sole discretion and the Member hereby acknowledges that Infinity Medical Concierge may do so from time-to-time. Any amendments to these Terms and Conditions will be communicated and if not agreed to, will lead to a termination of the relevant Member's Monitoring Services Membership. Upon notification, Members will be required to re-click/check: "I have read, and I agree to all the Monitoring Services Membership Terms and Conditions". Continued use of the Monitoring Services shall be deemed to be agreement to any variation or amendment of the Terms and Conditions, provided that the Member may at any time withdraw its consent to the Terms and Conditions on the condition that the Monitoring Services shall terminate immediately upon such withdrawal.
13.3 In the event that any part of these Terms and Conditions 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.
13.4 No relaxation, indulgence or waiver which Infinity Medical Concierge may grant to the Member will be deemed to be a waiver of any of Infinity Medical Concierge's rights in these Terms and Conditions or in law.
13.5 The termination of a Member's Monitoring Services Membership will be without prejudice to any other rights or remedies that either Infinity Medical Concierge or the Member may be entitled to under these Terms and Conditions or at law, and will not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
14.1 In the event of there being any dispute or difference between Infinity Medical Concierge and the Member arising out of these Terms and Conditions, the said dispute or difference shall on written demand by either Infinity Medical Concierge or the Member be submitted to arbitration in Johannesburg in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA"), which arbitration shall be administered by AFSA.
14.2 Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, or should AFSA refuse to accept the particular request for arbitration for whatever reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration (as last applied by AFSA) before an arbitrator appointed by agreement between Infinity Medical Concierge and the Member or failing agreement within 10 business days of the demand for arbitration, then either Infinity Medical Concierge or the Member shall be entitled to forthwith call upon the chairperson of the Johannesburg Bar Council to nominate the arbitrator, provided that the person so nominated shall be an advocate of not less than 10 years standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of Infinity Medical Concierge and the Member failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on Infinity Medical Concierge and the Member.
14.3 Either Infinity Medical Concierge or the Member may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration.
14.4 Nothing herein contained shall be deemed to prevent or prohibit either Infinity Medical Concierge or the Member from applying to the appropriate court for urgent relief or for judgment in relation to a liquidated claim.
14.5 Any arbitration in terms of this clause 14 (including any appeal proceedings) shall be conducted in camera and details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration, shall be confidential and shall be treated as such.
14.6 This clause 14 will continue to be binding notwithstanding any termination or cancellation of the Member's Monitoring Services Membership.
14.7 The written demand by either Infinity Medical Concierge or the Member in terms of clause 14.1 that the dispute or difference be submitted to arbitration, is to be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, No 68 of 1969.
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