FOLIO INTERTEL PLATFORM TERMS AND CONDITIONS

All references to “the Company”, “we”, “us” and “our” in these Folio InterTel Platform terms and conditions (“Terms and Conditions”) are deemed to refer to Folio Online CC, registration number 2007/061586/23, a close corporation duly incorporated in the Republic of South Africa and having its registered address at Unit 2, 10 Pepper Street, Cape Town, 8001.

All references to “you”, “your” are deemed to refer to any end user of the Folio InterTel Platform and/or the Services.

These Terms and Conditions contain warranty disclaimers and other provisions that limit the Company’s liability towards you, or which may require you to indemnify the Company or assume a risk or liability. Any such terms will be in bold, in the same style as this paragraph.

  1. DEFINITIONS
  1. Please note that some words are capitalised because they have a specific meaning which we have defined in this definitions clause.
  2. In these Terms and Conditions, unless the context indicates a contrary intention, the following words and expressions bear the meaning assigned to them and cognate expressions bear corresponding meanings –
  1. Application” means the mobile application known as “Folio InterTel”, proprietary to the Company, which allows Authorised End Users to access the Folio InterTel Platform in order to receive the Services;
  2. Authorised End User” means a Healthcare Practitioner employed or contracted by the Client of the Company, who is authorised by such Client to download the Application and use the Platform to access the Services;
  3. Business Day” means any day other than a Saturday, Sunday or public holiday in South Africa;
  4. Business Hours” means the hours of 08:00 to 17:00 on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, but excluding public holidays in South Africa;
  5. Client” means a client of the Company who has entered into a service agreement with the Company whereby the Company has agreed to provide the Services to the Client’s Authorised End Users;
  6. Consumer Protection Act” means the Consumer Protection Act 68 of 2009;
  7. Designated Operating System” means the (i) iOS (version 15 and the two previous versions) or (ii) Android (version 12 and the two previous versions) operating system;
  8. Device” means a device which is capable of connecting to the internet, that runs on a Designated Operating System, which the Application is downloaded to and that you use to access the Folio InterTel Platform, and may include a computer, mobile phone, tablet;
  9. ECT Act” means the Electronic Communications and Transactions Act 25 of 2002, as may be amended from time to time;
  10. Folio InterTel Platform” means the Application, and the Folio IT Facilities, which constitutes the online platform by means of which the Services will be provided to Authorised End Users, as well as the Folio interpreter network;
  11. Healthcare Practitioner” means any of the following employees and/or contractors (including those on internships) of state healthcare facilities, working in state-owned healthcare facilities in the Western Cape Province of South Africa, who hold the necessary accreditations/registration with the applicable regulatory/industry governing body:
  1. professional nurses registered with the South African Nursing Council;
  2. counsellors, social workers and various types of therapists;
  3. psychologists;
  4. dietitians; and
  5. medical doctors, registered with the Health Professions Council of South Africa,

who utilise the Folio InterTel Platform to access the Services (in their capacity as a healthcare practitioner whilst working at the aforementioned facilities), in order to assist them in communicating with a patient who speaks one of the languages listed in Annexure A hereto;

  1. Intended Use” means the intended use of the Folio InterTel Platform and Services, which is the use of the Services for the purpose of facilitating the Authorised End User’s communication with patients, during the course of the Authorised End User performing its duties to the Client;
  2. Losses” means all losses, liabilities, damages, claims and costs, as well as related expenses, including without limitation, legal fees and costs of litigation, settlement, judgment, interest and penalties;
  3. Processing” will have the meaning given to it in terms of the Protection of Personal Information Act, 2013 and “Processed” and “Process” will have a similar meaning;
  4. Services” means the interpretation services, covering the languages set out in Annexure A hereto, to which the Authorised End User will have access via the Folio InterTel Platform, which will provide for the real-time (through live chat and other tools) interpretation of information provided to the Authorised End User by patients (or the legal guardian of a patient) who speak one of the languages listed in Annexure A, to the English language such that it may be understood by the Authorised End User, in such Authorised End User’s capacity as a Healthcare Practitioner;
  1. Any words following the terms “including”, “include”, “in particular” or “for example”, or any similar phrase shall be construed as illustrative and shall not limit the generality of the related words.
  1. ACCESS TO THE FOLIO INTERTEL PLATFORM
  1. We permit you to use the Folio InterTel Platform to access the Services, subject to these Terms and Conditions.
  2. You will only be able to use this Folio InterTel Platform and thereby have access to the Services if (i) you are an Authorised End User, (ii) you have completed the registration page, (iii) you have selected a password and (iv) you have completed the required registration and authentication process.
  3. The necessary login details will be provided to you by the Company during the registration process.
  4. Subject to clause 2.2 above, by using and/or accessing this Folio InterTel Platform, and by clicking on the “Accept” button below, you agree to these Terms and Conditions. If you:
  1. do not agree to these Terms and Conditions; and/or
  2. are not an Authorised End User,

    you are not licensed to use the Application, you are not authorised to access and use the Services and you must stop the downloading process and uninstall the Application with immediate effect.

  1. If you have downloaded the Application, but you are not an Authorised End User and/or you have not accepted the Terms and Conditions, we reserve the right to suspend your access to the Folio InterTel Platform and use of the Services, immediately and without incurring any liability to you in this regard. If you are not an Authorised End User, you hereby indemnify us against all claims, losses, damages, liability and costs of whatsoever nature, arising from your unauthorised use of the Folio InterTel Platform and the Services. The Company will be entitled to recover from you any Losses suffered by us in relation to your unauthorised use of the Folio InterTel Platform.
  2. We licence the use of the Folio InterTel Platform and provide access to the Services to you on the basis of these Terms and Conditions and any agreement entered into between you and a Client. The use of the Folio InterTel Platform may also be subject to any rules or policies applied by any application store provider or operator (“Operator Rules”) from whose website you downloaded the Folio InterTel Platform. We do not sell the Folio InterTel Platform to you under these Terms and Conditions and we remain the owner of the Folio InterTel Platform and the Services at all times.
  3. To download and access the Folio InterTel Platform, you must have a Device that is able to connect to the internet. Certain Devices and operating software may not work with the Folio InterTel Platform due to limitations or constraints specific to the Device or the software. We shall not be responsible for your inability to download or access the Folio InterTel Platform due to limitations specific to your Device.
  4. You, at your own cost, are responsible for obtaining and maintaining –
  1. the Devices;
  2. adequate and reliable internet access from a suitable service provider; and
  3. all telecommunication facilities, services, products and other equipment needed to access the internet or to download the Application forming part of the Folio InterTel Platform,
  1. These Terms and Conditions apply to the Folio InterTel Platform and any of the Services accessed through the Folio InterTel Platform, including any updates or supplements to the Folio InterTel Platform. If any open-source software is included in the Folio InterTel Platform, the terms of an open-source licence may override some of these Terms and Conditions.
  2. From time to time, updates to the Folio InterTel Platform may be issued. Depending on the update, you may not have access to the Services until you have downloaded the latest version of the Folio InterTel Platform and accepted any new terms and conditions.
  3. If the Device does not belong to you, you hereby confirm that you have obtained permission from the owners of the Device that is controlled, but not owned, by you to download a copy of the Folio InterTel Platform onto the relevant Device. You and/or they may be charged by your and/or their service providers for internet access on the relevant Device. You accept responsibility in accordance with these Terms and Conditions for the use of the Folio InterTel Platform and the accessing of any Services on or in relation to any Device, whether or not it is owned by you.
  1. Additionally, by using the Folio InterTel Platform (and accessing the Services), you acknowledge and agree that internet transmissions are never completely private or secure. Although we use reasonable security measures, you understand that any message or information you send using the Folio InterTel Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  2. By using the Folio InterTel Platform and accessing the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for any services that are internet based or wireless to improve our products and provide any services to you.
  3. The Folio InterTel Platform and the Services that you access using the Folio InterTel Platform may make use of location data sent from the Device. You can turn off this functionality at any time by turning off the location services settings for the Folio InterTel Platform on the Device. You consent to us and our service providers’ and/or licensors’ transmission, collection, maintenance, Processing and use of your location data and queries to provide and improve any location-based Services that you have access to. You may withdraw this consent at any time by turning off the location services settings on your Device. 
  4. The Folio InterTel Platform may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies. You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
  5. Once you have downloaded the Application you will be required to complete the registration process, including the selection of a password and the successful completion of the required registration and authentication process. You will be required to use your mobile number and password to access the Application.
  6. You acknowledge and agree that it is your responsibility to ensure that the Device on which the Application is downloaded is kept secure and that you are required to log out of the Application when you are not using it, in order to avoid unauthorised use. We are not responsible and accept no liability for the unauthorised use of the Application as a result of your failure to comply with the provisions of this clause 2.17.
  1. FEES
  1. We will not charge you for the use of the Folio InterTel Platform and the provision of access to the Services and any charges that apply will be as specified in and regulated by the agreement entered into between us and the relevant Client. To the extent that you are charged by the Client for your use of the Folio InterTel Platform and Services, this will be as regulated by your agreement with the Client and we will not be party to any disputes arising in respect thereof.
  2. Access to the Folio InterTel Platform will cover you only and not anyone else who accesses the Folio InterTel Platform using your Device (“Unauthorised User”). In the event that we find out that an Unauthorised User has been using the Folio InterTel Platform, we will be entitled to immediately cancel or terminate your use of the Folio InterTel Platform and you will not be able to access the Services.
  1. LICENCE TERMS
  1. We grant to you a non-transferable, non-exclusive licence to use the Folio InterTel Platform on your Device, for the Intended Purpose, subject to these Terms and Conditions and the Operator Rules. We reserve all other rights. The rights granted to you are revocable, which means that we can take back such rights. We only supply the Folio InterTel Platform and related Services for use in connection with your employment by and/or the performance of your duties to the Client as an Authorised End User. You agree not to use the Folio InterTel Platform for any other private, commercial, business or resale purposes. If your employment or commercial relationship with the Client is terminated for whatsoever reason, you are required to uninstall the Application and cease using the Folio InterTel Platform and Services immediately.
  2. You may not transfer your rights to use the Folio InterTel Platform and/or access to the Services to a third party.
  3. Except as expressly set out in these Terms and Conditions, or as permitted by law, you agree –
  1. not to copy the Folio InterTel Platform and/or Services;
  2. not to rent, lease, sublicense, loan, translate, merge, adapt, vary or modify the Folio InterTel Platform and/or Services;
  3. not to make alterations to, or modifications of, the whole or any part of the Folio InterTel Platform and/or Services, or permit the Folio InterTel Platform and/or Services (or any part thereof) to be combined with or become incorporated in, any other programs;
  4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Folio InterTel Platform or attempt to do any such thing;
  5. to keep the copy of the Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Application;
  6. not to provide or otherwise make available the Folio InterTel Platform and/or Services in whole or in part (including object and source code), in any form to any person (apart from the Intended Use thereof) without prior written consent from us; and
  7. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Folio InterTel Platform.
  1. If you modify or attempt to modify your Device in any way or use any software that is designed to modify your Device, override, or disable any security features on your device or its operating system, you may expose yourself to risk. This is because the security features included in the Application that are designed to restrict access to the Folio InterTel Platform and to your confidential information may be disabled. Modifying the Device or its operating system may also result in the Folio InterTel Platform not working properly or at all.
  1. ACCEPTABLE USE RESTRICTIONS
  1. You may not –
  1. use the Folio InterTel Platform or access to the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Folio InterTel Platform, any Services or any operating system;
  2. infringe our intellectual property rights or those of any third party in relation to your use of the Folio InterTel Platform or the Services;
  3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Folio InterTel Platform or accessing the Services;
  4. use the Folio InterTel Platform or access the Services in a way that could damage, disable, overburden, impair or compromise our systems (or those or our service providers) or security or interfere with other users;
  5. collect or harvest any information or data from the Folio InterTel Platform or our systems or attempt to decipher any transmissions to or from the servers running the Folio InterTel Platform; and/or
  6. make available the Folio InterTel Platform, the related Services and/or or any component thereof to or for use by any other person or entity, including through the provision of a service bureau.
  1. You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Folio InterTel Platform and/or the access to the Services. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Folio InterTel Platform and/or access to the Services or the information contained herein, without the prior written consent from an authorised Company representative.
  2. You may not display, publish, copy, print, post or otherwise use the Folio InterTel Platform and/or the Services and/or the information contained therein for the benefit of any other website or application.
  3. You may not use the results of the use of the Folio InterTel Platform and/or the Services for any purpose other than as contemplated in clause 1.2.15. We take no responsibility and have no liability for the actions you take contrary to the intended use of the Services as set out in these Terms and Conditions.
  4. Folio reserves the right to limit, disconnect or terminate your use of the Folio InterTel Platform and/or access to the Services in the event of any abuse or misuse by you.
  5. The Folio InterTel Platform and/or the Services are currently for use only in state-owed healthcare facilities in the Western Cape Province of South Africa.
  6. You hereby acknowledge and agree that we record all interpretation sessions occurring during the provision of the Services and you hereby consent to such recording. You, however, further acknowledge and agree that such recordings are not available (other than as may be required by applicable Law) and are only provided to our Client in accordance with our agreement with the Client.
  1. AVAILABILITY OF INTERPRETERS

Our Services offers interpretation assistance to you during our Business Hours the following hours: 08:00 to 17:00 on the following days: Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, but excluding public holidays in South Africa. You acknowledge and agree that interpreters for all the languages specified in Annexure A will not be available all of the time during Business Hours and availability of interpreters will be as indicated on the Application from time to time.


  1. SUPPORT SERVICES
  1. To assist in resolving technical problems with the Services, or access to the Folio InterTel Platform, we have provided online access to our helpdesk via the “contact us” function in the Application (“Contact Us Function”). 
  2. We will use reasonable endeavours to respond to all technical and/or Services queries and support requests from Authorised End Users in relation to the Application, where such queries and support requests are logged by you using the Contact Us Function, within 3 (three) Business Days of such queries and requests being logged.
  3. We shall endeavour to resolve any issue raised or logged within an estimated period of 14 (fourteen) Business Days from the date that the issue is logged.
  1. OWNERSHIP AND COPYRIGHT
  1. The contents of the Folio InterTel Platform including any information, software, icons, text, graphics, layouts, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to intellectual property, copyright and trademark law, and are owned by or licensed to the Company.
  2. No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.
  3. The Folio InterTel Platform may allow you to download material, logos and trademarks of third parties. All intellectual property rights in the material, logos and trademarks remain with the third party concerned. By downloading any such material from the Folio InterTel Platform, you do not obtain any intellectual property rights therein. The Company grants you a non-exclusive, perpetual license to display the material on your smartphone/device only. You may not share any downloaded material with others.
  1. DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY
  1. You acknowledge that the Folio InterTel Platform has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Folio InterTel Platform and/or the agreement entered into between yourself and the Client of the Company, meets your requirements.
  2. Any person who uses the Folio InterTel Platform and/or accesses the Services or relies on the Folio InterTel Platform and/or the Services or on the information contained in the Folio InterTel Platform and/or the Services does so at his or her own risk. Neither we nor our affiliates, officers, directors, employees, servants, agents, service providers or contractors will under any circumstances be liable to you for any loss or damages (including but not limited to consequential, direct, indirect, special, punitive or incidental damages or damages or losses of any other kind).
  3. While the Company takes reasonable measures to ensure that the contents of the Folio InterTel Platform and Services are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Folio InterTel Platform and/or the Services or as to the accuracy, completeness or reliability of any information on the Folio InterTel Platform and/or the Services.
  4. All information provided on the Folio InterTel Platform as well as access to the Services is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on the Folio InterTel Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security, functionality or content of your computer system, computer network, hardware or software in any way.
  6. We do not warrant that the Folio InterTel Platform or any portion of the Folio InterTel Platform will be compatible with your smartphone/Device.
  7. We do not warrant the response of any interpreters involved in providing the Services, nor do we warrant the quality of the Service provided or the reaction time.
  8. The use of the Folio InterTel Platform and access to the Services is subject to normal constraints of the respective carriers of data and information – we can, for example, not be held liable for voice calls that fail or do not connect, for late or non-delivery of any data whether SMS, IP data and so on.
  9. Without limiting the generality of the aforesaid, you acknowledge and consent that neither we nor our officers, directors, employees, servants, agents, service providers or contractors will be liable to you or any third party for any loss, damages, expenses (including but not limited to consequential, direct, indirect, special, punitive or incidental damages or damages or losses of any other kind, including personal injury or loss of life) or any other action arising from –
  1. any defect, fault, malfunction and/or delay of your Device or any software on your Device;
  2. any defect, failure, fault and/or delay in connectivity to the internet;
  3. to the extent allowed by law, any defect, error, failure, fault, delay or unavailability of the Folio InterTel Platform and/or the Services for any reason whatsoever;
  4. your reliance upon, any material or content provided through the Services and/or contained in the Folio InterTel Platform or any linked third-party website;
  5. viruses and/or spam that may infect your Device;
  6. any failure of delivery of the Services, or the delivery or use of the Services;
  7. the Folio InterTel Platform, access to the Services, our systems and/or your information held by us being compromised in any way; or
  8. a third party gaining access to and using your information held by us.
  9. You specifically indemnify and hold the Company, its employees, directors, associates and service providers harmless against any claims, expenses, damages and/or losses, including in relation to injury, illness, loss of limb, loss of life, financial losses, loss of property and any other assets, emotional distress, reputational risk and the like, that may arise in any way due to the use, availability or non-availability, of the Folio InterTel Platform and/or the Services and/or any linked third-party website.
  1. THIRD-PARTY WEBSITES AND COOKIES
  1. The Folio InterTel Platform may contain links or references to other websites or mobile applications (“Third-party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-party Websites and the Company is not responsible for the practices and/or privacy policies of those Third-party Websites or the cookies that those sites may use.
  2. Notwithstanding the fact that the Folio InterTel Platform may refer to or provide links to Third-party Websites, your use of such Third-party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-party Websites or your reliance on any information contained thereon.
  3. We may use cookies on the Folio InterTel Platform (where provided through a website portal). Cookies are files that store information on your hard drive or browser that means that we can recognise that you have visited the Folio InterTel Platform before. They make it easier for you to maintain your preferences around access to the Services and by seeing how you use the Services. We can tailor the Services and features of the Folio InterTel Platform around your preferences and measure usability of the features of the Folio InterTel Platform. You can disable cookies from your browser and delete all current cookies stored on your Device.
  1. PRIVACY POLICY
  1. We recognise the importance of protecting your privacy in respect of personal information collected by us when you use the Folio InterTel Platform and/or the Services.
  2. By continuing to use the Folio InterTel Platform and/or the Services you agree to the terms and conditions set out in this Privacy Policy and you consent to us collecting and using your personal information for the purposes set out in this Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use the Folio InterTel Platform and/or access to the Services.
  3. Should you decide to make use of our Folio InterTel Platform and/or the Services, the types of personal information that we may collect from you includes information necessary for our legitimate business interests (and those of our service providers) and necessary to provide you with access to the Services. This may include (amongst other things) the following –
  1. information of the patient who you are communicating with as a result of your use of the Services;
  2. your use/call history using the Folio InterTel Platform;
  3. the healthcare facility from which you are using the Folio InterTel Platform;
  4. all information provided to us on the registration page completed by you prior to your acceptance of these Terms and Conditions;
  5. your name and surname;
  6. your registration/certification with the applicable regulatory/industry body which regulates your profession under South African law;
  7. your e-mail address; and/or
  8. mobile phone number.
  1. You may edit any of your personal information referred to in clauses 11.3.3 to 11.3.8 on the Folio InterTel Platform at any time.
  2. The supply of your personal information is voluntary. However, you acknowledge that you cannot complete the required registration process and we cannot provide access to the Services available to you on the Folio InterTel Platform if you refuse to supply such personal information.
  3. You agree to provide accurate, truthful and current information, and not to impersonate or misrepresent any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle the Company, inter alia, to terminate your use of the Folio InterTel Platform and/or the Services.
  4. The purpose for which we will use your personal information will be to (i) provide you with access to the Services, to inform you of new features and for pursuing our legitimate interests in relation to the Folio InterTel Platform and the Services, (ii) for helping us in any future dealings with you, (iii) generally to improve your experience on the Folio InterTel Platform and/or the Services, and (iv) to contact you to advise you that we have changed or are about to change these Terms and Conditions or the content of the Services.
  5. Should you no longer wish to receive marketing communications from us, you may send us an e-mail at interpreting@folio-online.co.za.
  6. The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –
  1. required in order to comply with applicable law, order of court or legal process served on the Company;
  2. our obligations to our Client in respect of the Services; and/or
  3. necessary to protect and defend the rights or property of the Company.
  1. We will be entitled to disclose your personal information to those of our affiliates, agents, advisors, employees and/or third-party service providers and suppliers who interact with you via our Folio InterTel Platform, mobile communications and/or e-mail and/or provide the Services and thus need to know your personal information in order to assist you and assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information. We will also share your personal information with government or law enforcement agencies where the law requires that we disclose your personal information, and where we have reason to believe that a disclosure of your personal information is necessary to identify, contact or bring legal action against a party who may be in breach of the Terms and Conditions.
  2. We will –
  1. treat your personal information as strictly confidential;
  2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  3. promptly notify you if we become aware of any unauthorised use, disclosure or Processing of your personal information;
  4. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
  5. upon your request, promptly return or destroy any and all of your personal information in our possession or control.
  1. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
  2. You may request access to the personal information which we collect from you, including to rectify the information, or object to its Processing by sending an e-mail to us at interpreting@folio-online.co.za or any other address indicated from time to time on the Application. You also have the right to lodge a complaint with the information regulator if you think we are in breach of any applicable data protection legislation.
  3. You agree that we may, from time to time, transfer, store or host your personal information on servers outside of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such personal information.
  4. If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Protection of Personal Information Act (“POPI”) or other data protection legislation, it is not intended that any provision of this Privacy Policy contravenes any provision of POPI or other data protection legislation. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI or other data protection legislation are complied with.
  5. You warrant that all information (including personal information) that you provide to us will be correct. You acknowledge that we may verify your identity and your personal information through an automated e-mail verification or mobile verification process and/or with third-party service providers.
  6. In order to render the Services to you (and for purposes of our legitimate business interests), during the course of interpretations provided, you acknowledge that certain personal information, including special personal information, of the patient will be Processed by us. You are required to ensure and herewith warrant that specific and informed consent to such Processing is obtained from the patient in writing, prior to your use of the Folio InterTel Platform and Services. You will be required to maintain proper record of and provide proof of such consent to us upon request. You hereby indemnify us and hold us harmless against any and all Losses that we may suffer as a result of your failure to obtain the patient consent as required by this clause.
  1. AMENDMENTS TO THE TERMS AND CONDITIONS
  1. We may change these Terms and Conditions at any time by providing you with a notification via the Application. The new terms may be displayed on screen and you will be required to read and accept the amended Terms and Conditions to continue your use of the Folio InterTel Platform.
  2. It is your responsibility to review these Terms and Conditions to ensure that you familiarise yourself with any amendments. If you do not agree with any amendments to the Terms and Conditions, you may no longer access the Folio InterTel Platform.
  1. AVAILABILITY AND TERMINATION
  1. We will use reasonable endeavours to maintain the availability of the Folio InterTel Platform and/or the Services, except during scheduled maintenance periods, and reserve the right to discontinue providing the Folio InterTel Platform and/or the Services or any part thereof with or without notice to you.
  2. The Company may in its sole discretion terminate, suspend and modify the Folio InterTel Platform and/or the Services, with or without notice to you for any reason. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate the Folio InterTel Platform and/or the Services.
  1. GOVERNING LAW AND DISPUTES
  1. These Terms and Conditions and any disputes that may arise whereunder shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Folio InterTel Platform and/or the Services will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from these Terms and Conditions. All proceedings, which may arise out of, or in connection with, these Terms and Conditions shall be brought solely in the Western Cape Division of the High Court in South Africa.
  2. You agree that, if there is any dispute in respect of these Terms and Conditions, we will attempt to first resolve the dispute informally by engaging with you. Please contact our service manager at interpreting@folio-online.co.za if you wish to notify us of a dispute. Should this informal dispute resolution process fail, the dispute may be referred to arbitration in accordance with the rules of the Arbitration Foundation of South Africa. This will not preclude the Company or yourself from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
  3. If you breach these Terms and Conditions, we may take such action, including legal action, as we deem appropriate. All costs, charges and expenses which may be incurred by us in enforcing our rights including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, shall be recoverable from you if the above rights are successfully enforced.
  1. GENERAL
  1. If these Terms and Conditions or Services made available via the Folio InterTel Platform is regulated by or subject to the Consumer Protection Act, the ECT Act or other laws it is not intended that any provision of these Terms and Conditions contravene any provision of the Consumer Protection Act, the ECT Act or other laws. Therefore, all provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, the ECT Act or other laws are complied with.
  2. No provision of these Terms and Conditions –
  1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
  2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
  3. limits or excludes any warranties or obligations which are implied into these Terms and Conditions by the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
  1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  2. Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
  3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  4. No indulgence, extension of time, relaxation or latitude which any party (“the grantor”) may show grant or allow to the other (“the grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  5. These Terms and Conditions contain the whole agreement between you and the Company relating to the subject matter hereof and no other warranty or undertaking is valid, unless contained in these Terms and Conditions.
  6. For all legal correspondence and should you wish to contact us, our address is Unit 2, 10 Pepper Street, Cape Town, 8001, South Africa for all purposes of communication under these Terms and Conditions.
  1. ADDITIONAL INFORMATION
  1. For the purposes of the ECT Act, the Company’s information is as follows (which must be read in conjunction with the rest of the provisions in these Terms and Conditions) –
  1. Full name: Folio Online CC
  2. Description of main business: Language Service Provider
  3. Main business address of receipt for legal service: Unit 2, 10 Pepper Street, Cape Town, 8001, South Africa
  4. Office bearers: Johan Botha and Lize Spies
  5. Official website: https://www.folio-online.co.za/ and e-mail address: interpreting@folio-online.co.za

ANNEXURE A

Languages for which the Services are available

South African Languages

  • Afrikaans
  • Ndebele
  • Sepedi
  • Sesotho
  • Setswana
  • Siswati
  • Tsonga
  • Venda
  • Xhosa
  • Zulu

Other African Languages

  • Amharic
  • Arabic
  • Bemba
  • Chichewa
  • Igbo
  • Kirundi
  • Lingala 
  • Luo 
  • Malagasy
  • Oromo
  • Shona
  • Somali
  • Swahili
  • Tonga
  • Tshiluba 
  • Yoruba

Middle Eastern and Asian Languages

  • Bengali 
  • Chinese 
  • Japanese 
  • Lari 
  • Thai 
  • Urdu 

European Languages

  • French
  • German
  • Italian
  • Portuguese
  • Russian
  • Spanish