These Website Terms and Conditions / End User Terms of Use (“Terms”) govern your access to and use of the Mammoth website, portal, platform, and any related digital services made available by Mammoth X Proprietary Limited (“Mammoth”, “we”, “us” or “our”).

By accessing or using the website or any related services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the website or services.

1. Definitions

In these Terms, unless the context indicates otherwise:

1. Applicable Law” means all laws, regulations, codes, guidelines and requirements applicable in the Republic of South Africa, including, where relevant, the Protection of Personal Information Act, 2013 (“POPIA”), the Electronic Communications and Transactions Act, 2002 (“ECTA”), the Consumer Protection Act, 2008 (“CPA”), and any healthcare or data protection laws applicable to the services.

2. “End User”, “you” or “your” means any person who accesses or uses the website or services, including a patient, authorised representative, clinician, or any other permitted user; and shall include the Data Subject where applicable

3. “Health Information” means personal information and special personal information relating to an identifiable person’s physical or mental health, healthcare history, treatment, diagnosis, or care as defined in POPIA.

4. “Participating Data Sources (Data Sources)” means, not limited to, any healthcare provider, funder, pathology practice, radiology provider, hospital, clinic, pharmacy, administrator, managed care organisation, or other authorised entity that creates, holds, manages or makes health-related information available within the Mammoth ecosystem.

5. “Service” means the Mammoth website, patient access services, interoperability services, consent management functionality, health record viewing capabilities, and any related tools, applications, delivery channels, or features made available by Mammoth.

6. “Unified Care Record” or “UCR” means a consolidated, longitudinal and informational view of health-related information compiled from one or more Data Sources.

2. Nature of the Service

   1. Mammoth operates a health information exchange (“HIE”) and related digital services that enable secure, consent-based access to relevant health information and the creation of a consolidated view of such information, referred to as the Unified Care Record.

   2. Mammoth facilitates connectivity and interoperability across participating Data Sources so that authorised users may access relevant health information through the UCR when required

   3. Systems of Record and Data Ownership

      1. The systems operated by Participating Data Sources that create and maintain clinical and other healthcare information supplied to the HIE shall remain the primary systems of record in respect of such information.

      2. Mammoth shall act as the system of record, within the context of the HIE, in respect of:

• demographic information associated with the User, whether provided directly by the User or received from Participating Data Sources and normalised within the HIE; and

• health information that is self-reported or otherwise submitted by the User through the HIE,

provided that such information is clearly identified and distinguished within the HIE.

3. Notwithstanding the above, Participating Data Sources shall remain the systems of record for the demographic and clinical information maintained within their respective systems, and nothing in this Agreement shall be construed as transferring ownership or control of such underlying records to Mammoth.

4. Mammoth shall not assume responsibility for the clinical creation, accuracy, completeness or maintenance of any information originating from Participating Data Sources, nor shall Mammoth be responsible for verifying the accuracy of any information submitted by the User.

5. The Unified Care Record presented through the HIE constitutes a consolidated and informational view of data sourced from multiple systems of record and does not replace, supersede or assume control over the underlying systems of record maintained by Participating Data Sources.

6. Thus, Mammoth acts primarily as an Operator in respect of Personal Information processed on behalf of Participating Data Sources, and as a Responsible Party in respect of demographic information and information self-reported by the User within the HIE.

4. Patients remain the custodians of how their information is accessed and shared, subject to Applicable Law, the permissions granted by them, and the policies and processes of participating Data Sources.

5. Clinicians and other authorised users may be provided with access to the right information for the right patient at the right time, subject to appropriate consent, authorisation, and legal grounds for processing.

6. Upon lawful sharing of Health Information by the End User, the recipient shall act as an independent Responsible Party in respect of such information.

3. Eligibility and Authority to Use the Service

   1. You may only use the Service if you are legally competent to do so under South African law.

   2. If you access the Service on behalf of another person, including as a parent, guardian, caregiver, curator, authorised representative, or person acting under lawful authority, you warrant that you are legally authorised to do so.

   3. You may be required to provide proof of identity, authority, consent, or other supporting documentation before access is granted or continued.

   4. Mammoth may refuse, suspend, or revoke access where it reasonably believes that a user lacks authority, has provided inaccurate information, or is using the Service unlawfully or improperly.

4. Registration, Access and Account Security

   1. Certain features of the Service may require registration, identity verification, authentication, and the creation of an account or profile.

   2. You agree to provide accurate, current, and complete information when registering for and using the Service.

   3. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account.

   4. You must notify Mammoth immediately if you suspect or become aware of any unauthorised access to your account, compromise of credentials, or misuse of the Service.

   5. Mammoth may implement security measures, including multi-factor authentication, identity verification, session controls, and access restrictions, to protect the integrity and confidentiality of information.

5. Consent and Health Information Access

   1. Access to Health Information through the Service is subject to Applicable Law and, where required, your valid, informed, and specific consent.

   2. By using the Service and providing the necessary permissions, you acknowledge and agree that Mammoth may, where lawfully permitted, retrieve, receive, match, display, and make available relevant Health Information from participating Data Sources.

   3. Where you lawfully act for another individual, you acknowledge that access to that person’s information may be limited, conditional, or denied depending on legal requirements, the applicable authority provided, and the discretion of the relevant Data Source.

   4. Mammoth may also process information for purposes connected with:

      1. identity verification; 

      2. consent management; 

      3. access logging and audit trails; 

      4. security, fraud detection, and prevention; 

      5. record matching and interoperability; 

      6. compliance with legal and regulatory obligations; and 

      7. service administration and improvement, subject to Applicable Law.

6. Accuracy and Responsibility for Information

   1. The Health Information made available through the Service is generally sourced from third-party Data Sources and provided by the End User.

   2. Mammoth does not warrant that information displayed through the Service is complete, current, accurate, clinically appropriate, or fit for any specific purpose.

   3. Each Data Source and the End User remains responsible for the information that it creates, holds, or contributes to the Service.

   4. If you believe that any information made available through the Service is inaccurate, incomplete, outdated, or has been made available without appropriate authority, you should contact the relevant healthcare provider or Data Source directly, and may also notify Mammoth.

   5. Mammoth is not responsible for errors in source records, delays in updates from Data Sources, omissions in source records, or decisions taken by healthcare providers, patients, or other users based on information accessed through the Service.

7. No Medical Advice

   1. The Service is a technology and information access platform only.

   2. Mammoth does not provide medical advice, diagnosis, treatment, nursing services, or any other professional healthcare service through the website unless expressly stated otherwise in writing.

   3. Use of the Service does not create a doctor-patient, provider-patient, nurse-patient, therapist-patient, or any other clinical relationship between you and Mammoth.

   4. You must consult an appropriately qualified healthcare professional for any medical concern, diagnosis, treatment decision, or healthcare emergency.

   5. If you are experiencing a medical emergency, you must seek immediate emergency medical assistance and must not rely on the Service.

8. Acceptable Use

You agree that you will not:

1. use the Service unlawfully or in a manner that violates Applicable Law;

2. access information without proper authority or attempt to bypass any access controls, consent controls, or security features;

3. impersonate any other person or misrepresent your identity, authority, affiliation, or entitlement to access information;

4. interfere with, disrupt, damage, reverse engineer, decompile, disassemble, copy, modify, distribute, or create derivative works from the Service or any related technology, except to the extent permitted by law;

5. upload, transmit, or introduce malicious code, viruses, or other harmful material;

6. use the Service in a manner that could impair the security, integrity, or availability of the Service or any connected systems; or

7. use information obtained from the Service for unlawful discrimination, marketing without consent, profiling contrary to law, or any unauthorised commercial purpose.

9. Privacy and Protection of Personal Information

   1. Mammoth processes personal information and special personal information in accordance with Applicable Law, including POPIA.

   2. Mammoth will take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of personal information in its possession or under its control, as required by section 19 of POPIA.

   3. Personal information may be processed for lawful purposes connected to the provision, security, administration, operation, and improvement of the Service, as well as for compliance with legal obligations.

   4. Where required by law, Mammoth will rely on your consent or another lawful ground for processing.

   5. Mammoth’s processing of personal information is further described in its Privacy Notice / Privacy Policy, which should be read together with these Terms.

   6. You acknowledge that the sharing and accessibility of Health Information within a health information exchange environment depends on the participation, accuracy, security, and lawful conduct of multiple independent parties, including Data Sources and authorised users.

10. Intellectual Property

    1. All rights, title, and interest in and to the website, Service, software, design, text, graphics, logos, trade names, processes, and related intellectual property belong to Mammoth and/or its licensors.

    2. Subject to your compliance with these Terms, Mammoth grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for its intended lawful purpose.

    3. No provision of these Terms transfers any intellectual property rights to you.

    4. You may not use Mammoth’s trademarks, branding, or content without Mammoth’s prior written consent, except as permitted by law.

11. Availability of the Service

    1. Mammoth will use reasonable efforts to make the Service available, but does not guarantee uninterrupted or error-free access.

    2. The Service may be unavailable from time to time due to maintenance, upgrades, security incidents, connectivity issues, third-party service failures, or circumstances beyond Mammoth’s reasonable control.

    3. Mammoth may add, modify, suspend, or discontinue any feature of the Service at any time.

12. Disclaimers

    1. The Service is provided on an “as is” and “as available” basis.

    2. To the maximum extent permitted by law, Mammoth disclaims all express or implied representations and warranties, including any implied warranties of availability, accuracy, completeness, reliability, non-infringement, merchantability, or fitness for a particular purpose.

    3. Mammoth does not warrant that:

       1. the Service will meet your requirements; 

       2. the Service will always be available, uninterrupted, secure, or error-free; 

       3. any information accessed through the Service will be complete, accurate, current, or suitable for your intended use; or 

       4. the Service will be free from vulnerabilities, malicious code, or unauthorised interference. 

13. Limitation of Liability

    1. To the fullest extent permitted by Applicable Law, Mammoth shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, business, goodwill, opportunity, anticipated savings, or data, arising from or in connection with your use of, or inability to use, the Service.

    2. Mammoth shall not be liable for any loss, claim, damage, or harm arising from:

       1. inaccuracies or omissions in source data; 

       2. delays or failures by Data Sources or third-party systems; 

       3. unauthorised access caused by your failure to protect credentials; 

       4. interruptions, outages, cyber incidents, or force majeure events; or 

       5. reliance on the Service for clinical, emergency, or treatment decisions. 

    3. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under South African law.

    4. Where liability may lawfully be limited, Mammoth’s total aggregate liability arising from or in connection with the Service and these Terms shall be limited to the greater of:

       1. the amount paid by you, if any, for the use of the Service in the preceding 12 months; or 

       2. R1,000.00. 

14. Indemnity

    1. You indemnify and hold harmless Mammoth, its directors, officers, employees, contractors, agents, affiliates, and licensors from and against any claims, losses, damages, liabilities, costs, and expenses arising from or relating to:

       1. your breach of these Terms;

       2. your unlawful or unauthorised use of the Service;

       3. your infringement of any rights of any person; or

       4. any false, misleading, or inaccurate information provided by you.

    2. This clause applies only to the extent permitted by Applicable Law and does not apply to the extent that a claim arises from Mammoth’s own unlawful conduct or gross negligence where such limitation is not permitted.

15. Suspension and Termination

    1. Mammoth may suspend, restrict, or terminate your access to the Service immediately if:

       1. you breach these Terms; 

       2. Mammoth reasonably suspects misuse, fraud, unlawful conduct, or unauthorised access; 

       3. suspension is necessary to protect the Service, any person, or any information; or 

       4. Mammoth is required to do so by law or at the direction of a competent authority. 

    2. You may stop using the Service at any time.

    3. Termination or suspension of access does not affect any rights or obligations that arose prior to termination.

16. Electronic Communications

    1. You consent to receiving communications from Mammoth electronically, including by email, in-app notification, website posting, or other electronic means.

    2. You agree that all notices, disclosures, records, and other communications provided electronically satisfy any legal requirement that such communication be in writing, subject to Applicable Law.

17. Changes to these Terms

    1. Mammoth may amend these Terms from time to time.

    2. Updated Terms may be published on the website or otherwise communicated to you electronically.

    3. Your continued use of the Service after the effective date of the amended Terms constitutes your acceptance of the updated Terms.

    4. If you do not agree to any amendment, you must stop using the Service.

18. Governing Law and Jurisdiction

    1. These Terms are governed by the laws of the Republic of South Africa.

    2. Subject to any rights you may have under Applicable Law, you consent to the jurisdiction of the courts of South Africa in respect of any dispute arising from or in connection with these Terms or the Service.

    3. Nothing in these Terms limits any statutory rights that may apply to you under South African consumer or data protection law.

19. General

    1. If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be severed and the remaining provisions shall remain in force.

    2. Any failure by Mammoth to enforce any right or provision in these Terms shall not constitute a waiver of that right or provision.

    3. These Terms, together with any applicable Privacy Notice / Privacy Policy and any additional service-specific terms, constitute the entire agreement between you and Mammoth relating to your use of the Service.

    4. You may not cede, assign, or transfer any of your rights or obligations under these Terms without Mammoth’s prior written consent.

    5. Mammoth may cede, assign, delegate, or transfer its rights and obligations under these Terms to an affiliate, successor, or purchaser of its business, subject to Applicable Law.

20. Contact Details

If you have any questions about these Terms, the Service, or the processing of personal information, you may contact Mammoth at:

Mammoth X Proprietary Limited
67 Roscommon Road, Parkview, Gauteng, 2193
info@mammoth.health
+27 79 515 2704
www.mammothtech.health