INTRODUCTION

1. This website forms part of the Mammoth Health Information Exchange (“HIE”), operated by Mammoth X Proprietary Limited (“Mammoth”).

2. These Website Terms govern general access to and use of the website.

3. Where a User registers for an account or accesses a Unified Care Record (“UCR”), the Patient Access User Agreement shall apply in addition to these Website Terms.

2. NATURE OF THE PLATFORM

   1. This website and associated digital platforms form part of the Mammoth Health Information Exchange (“HIE”), operated by Mammoth X Proprietary Limited (“Mammoth”). The use of this website is subject to the terms and conditions set out below, read together with the Patient Access User Agreement. These terms and conditions are binding and enforceable against all persons who access or use this website or any part thereof.

   2. The website provides access to information regarding the HIE and facilitates access to the HIE platform.

   3. Mammoth provides technology infrastructure only and does not provide medical advice, diagnosis or treatment.

3. INTELLECTUAL PROPERTY

   1. The content, structure and design of the pages of this website are subject to copyright and other intellectual property rights owned by or licensed to Mammoth. Ownership of all intellectual property rights in and to this website vests in Mammoth, unless otherwise expressly stated. Any logo, trademark, service mark, design, domain name or trade name appearing on this website (collectively, the “Marks”), whether registered or not, are the property of Mammoth or its licensors. No user of this website (“User”) shall use, copy, reproduce, modify, adapt, display, distribute, transmit or store any such Marks without the prior written consent of Mammoth.

   2. Subject to these terms and conditions, Mammoth grants the User a limited, non-exclusive, non-transferable and revocable licence to access, view, download and print the content of this website strictly for personal, educational and/or non-commercial purposes. All licences and permissions granted herein may be withdrawn or terminated by Mammoth at any time, in its sole discretion, without prior notice or reason.

   3. Any material or information downloaded or otherwise obtained through the use of this website is obtained at the User’s own discretion and risk. The User shall be solely responsible for any damage to its systems, devices or data that may result from such use.

4. WARRANTIES AND REPRESENTATIONS

   1. No warranties, representations or undertakings, whether express or implied, are given in relation to the content of this website or the services provided through it, including, without limitation, the accuracy, completeness, reliability, suitability or availability of such content. Mammoth does not warrant that the website or any information contained therein will be error-free, uninterrupted or free from harmful components. Accordingly, Mammoth shall not be bound in any manner by any information contained on this website or on any external website accessed through this website, and any reliance placed on such information shall be at the User’s own risk.

   2. Content on this website is for general informational purposes only.

   3. Any health-related content does not constitute medical advice.

5. PERMITTED USE

   1. Users shall not use the content of this website for any unlawful purpose, nor in any manner that infringes the rights of Mammoth or any third party, or that may damage, disable, overburden or impair the operation, security or integrity of the website or underlying systems. Without limiting the generality of the foregoing, Users shall not, without the prior written consent of Mammoth, use, reproduce, copy, adapt, distribute, publish, display, transmit or otherwise exploit any content of this website for commercial purposes or in any manner that is inconsistent with the permitted use of the website as set out in these Terms, nor shall Users misuse the platform, attempt to gain unauthorised access to any systems, data or accounts, or interfere with the proper functioning of the website or the HIE.

6. CONTENT AND INFORMATION DISCLAIMER

   1. This website provides access to and displays health-related information sourced from participating healthcare providers and other authorised data sources within the HIE. Such information is made available to facilitate access to a unified view of a User’s health information and is not intended to constitute medical advice, diagnosis or treatment. Mammoth does not provide clinical services and does not verify the clinical accuracy or completeness of the information displayed. Users are advised to consult a qualified healthcare professional for any medical concerns or decisions.

7. PRIVACY AND DATA PROTECTION

   1. Personal information submitted by a User through this website shall be treated as confidential and shall be collected, processed, stored and used in accordance with applicable law, including the Protection of Personal Information Act (“POPIA”), and in accordance with Mammoth’s Privacy Policy, Consent Framework and, where applicable, the Patient Access User Agreement. For purposes of these Terms, “personal information” shall bear the meaning assigned to it under POPIA.

   2. Where a User creates an account, accesses or interacts with health information, or otherwise uses the HIE functionality, the provisions of the Patient Access User Agreement shall apply in addition to these Terms.

   3. By accessing or using this website, the User acknowledges that he or she has read, understood and agrees to the processing of personal information as described in the Privacy Policy, Consent Framework and, where applicable, the Patient Access User Agreement.

   4. Mammoth shall implement appropriate, reasonable technical and organisational measures to safeguard the integrity and confidentiality of personal information processed through the website, in accordance with applicable legal requirements. Notwithstanding the foregoing, Mammoth does not warrant that the website or any information transmitted through it will be completely secure, and the User acknowledges the inherent risks associated with the use of online platforms.

8. AMENDMENTS AND PLATFORM CHANGES

Mammoth reserves the right, in its sole and absolute discretion, and without prior notice, to amend these terms and conditions, modify or remove content from the website, discontinue any aspect of the website, or alter the technical requirements necessary to access and use the website.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Mammoth shall not be liable for any loss, damage, liability or expense of whatsoever nature and howsoever arising, including without limitation any direct, indirect, incidental or consequential damages, arising from or in connection with the use of, or inability to access, this website, or any reliance upon the content of this website.

10. GOVERNING LAW

The use of this website and any dispute arising out of or in connection with such use shall be governed by the laws of the Republic of South Africa. The User hereby consents to the jurisdiction of the courts of South Africa in respect of any such dispute.