GENERAL TERMS AND CONDITIONS

1. INTRODUCTION
   • Shamar Clinic is a psychotherapy practice with a staff complement that includes a clinical psychologist, an occupational therapist, educational psychologists as well as a life and mental health coach (“Staff“).
   • The Staff are trained to provide psychotherapy, psychotherapeutic and psychoeducation activities in a group or individual setting to children, adults and families, who require psychological intervention and psychotherapy that falls within the scope of a clinical psychologist, occupational therapist, educational psychologist or life and mental health coaching.
   • Shamar Clinic’s name, “Shamar“, is a Hebrew word meaning the safe-guarding of something that is extremely precious or of great worth.
   • At Shamar Clinic, the Staff endeavour to carry out their functions in a way that honours the principles of the Christian faith and the As such, Shamar Clinic believes in treating patients holistically and follows a biopsychosocial-spiritual model in all treatment protocols.
2. INTERPRETATION
   • These General Terms and Conditions form part of an overarching agreement in terms of which the Client and Shamar Clinic may from time to time agree on the provision of Treatment on terms which will be fully set out in a Programme.
   • Each Participant Information Form and Sign-Up Sheet will be incorporated into, form part of, and be subject to the terms of these General Terms and Conditions.
   • Where any conflict arises between the terms of these General Terms and Conditions and those in any Sign‑Up Sheet, the terms of the Sign-Up Sheet will prevail to the extent of the conflict.
   • Any expression in these General Terms and Conditions which denotes –
     • any gender includes the other genders; and
     • the singular denotes the plural and vice versa.
   • In these General Terms and Conditions, clause headings are for convenience and reference only and shall not be used in its interpretation and, the following terms, and their related or associated terms, shall have the meanings assigned to them below –
     • “Applicable Law” – the common law, statutory law, and customary law applicable and in effect in the Republic of South Africa, including any present or future constitution, statute, judgement, decree, treaty, legislation, regulation, directive, ordinance, order, by-law, or other legislative measure, requirement, request or guideline issued by an Authority, as may be amended, replaced, re‑enacted, restated or reinterpreted from time to time;
     • “Authority” – any government, governmental, administrative, fiscal, monetary, central bank, judicial, regulatory, supervisory or government owned or controlled body, department, commission, authority, tribunal, agency or entity to whose jurisdiction a Party is subject;
     • “Client” – the person with whom these General Terms and Conditions are concluded, being the Patient or the Guardian, as the case may be;
     • “Code of Conduct” – Shamar Clinic’s rules, standards and principles published by Shamar Clinic and as may be amended by Shamar Clinic from time to time on written notice to the Client, setting out the standards of acceptable conduct and behaviour of a Patient during Treatment and while on Shamar Clinic’s premises;
     • “General Terms and Conditions” – the most recent version of these general terms and conditions provided to the Client, as may be amended from time to time by Shamar Clinic in its sole discretion;
     • “Guardian” – the person other than the Patient who gives informed consent on behalf of the Patient as permitted by Applicable Law, or who signs the Participant Information Forms in that capacity;
     • “Participant Information Forms” – the forms used by Shamar Clinic to collect the personal information of the Client for purposes of registering the Client as a patient of Shamar Clinic, in the form prescribed by Shamar Clinic from time to time;
     • “Patient” – the patient of Shamar Clinic as indicated in the Participant Information Form;
     • “Programme” – a structured, topic-specific programme presented as part of the Treatment by the Staff, as may be described in a Sign-up Sheet;
     • “Shamar Clinic” – Shamar Clinic Proprietary Limited (registration number: 2021/326812/07), a private company duly registered and incorporated in accordance with the company laws of the Republic of South Africa, with principal place of business at 146 Jochem Street, Rietvalleirand, Pretorian, Gauteng, 0174;
     • “Sign-Up Sheet” – the sign-up sheet used by Shamar Clinic to record details of a programme presented by or on behalf of Shamar Clinic, in the form prescribed by Shamar Clinic from time to time;
     • “Staff” – bears the meaning set out in clause 1 above; and
     • “Treatment” – a Programme or combination of Programmes developed by the Staff, and presented in a group environment with other Patients where the Staff provide Patients with access to the necessary tools to enable the Patient to explore and understand the nature of their emotional or behavioural turmoil related to a specific topic, and to facilitate an environment where the Patient can adapt and learn to engage with certain aspects of life in the most beneficial manner possible, and which specifically excludes one-on-one psychotherapy or other clinical treatment, diagnosis, and assistance with the diagnosing or clinical treatment (such as the prescription of medication) of psychiatric disorders, trauma, adjustment difficulties, grief, marital discord, family conflict, or problematic life circumstances.
   • Any reference to an enactment is to that enactment as at 1 April 2023 (including all regulations, proclamations, ordinances and by‑laws issued under that enactment) as amended or re-enacted from time to time.
   • The use of the word “including” followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it, and the eiusdem generis rule shall not be applied in the interpretation of such general wording or specific example.
   • The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation thereof, shall not apply hereto.
3. ACCESS TO TREATMENT
   • By the Patient accessing the Treatment, or by the Client signing the Participant Information Forms or Sign-Up Sheet, as may be applicable, the Client:
     • acknowledges that they have read, and that they agree to be bound by, these General Terms and Conditions;
     • agree that these General Terms and Conditions constitute compliance with Shamar Clinic’s obligations to inform the Client as contemplated in Applicable Law, including in terms of the National Health Act, 61 of 2003 and the Ethical Rules of Conduct for Practitioners Registered under the Health Professions Act, 56 of 1974 (“HPCSA Ethical Rules“) in respect of all Treatment rendered by Shamar Clinic to the Patient and the Client;
     • agree these General Terms and Conditions are binding and enforceable against the Client;
     • the Client hereby gives written informed consent in respect of the Patient as required in terms of Applicable Law;
     • such informed consent is given by the Client freely and without undue influence;
     • the Client undertakes that the Patient will comply with the Code of Conduct, and to provide Shamar Clinic with accurate information as requested from time to time, co-operate with Shamar Clinic for the purposes of the Treatment, and treat the Staff and other patients with dignity and respect; and
     • the Client undertakes to provide such further informed consent as may be required from time to time for the Treatment, as may be contemplated by Applicable Law.
   • Shamar Clinic reserves the right to suspend Treatment and remove any Patient from the premises due to non‑compliance with the Code of Conduct.
   • Shamar Clinic reserves the right, in its sole discretion, to amend or replace, in part or in total, any of the terms of these General Terms and Conditions, which shall supersede and replace any previous terms once provided to the Client.
4. STRUCTURED PROGRAMME
   • The Patient is required to attend each of the scheduled sessions timeously. No concessions will be made for late arrival, irrespective of the reason for the delay. Despite any delay, the session will not be extended and the full fee will be charged, without any deduction or rebate being applicable, and the Client will remain liable for full payment in respect thereof.
   • Programme cancellation: Should the Client wish to cancel the Patient’s enrolment in a Programme, the Client is required to do so as follows:
     • The Client may give notice telephonically, via WhatsApp, by email or by SMS.
     • Notice must be received by Shamar Clinic at least 2 (TWO) weeks prior to the commencement of the Programme, in which event the Client shall be entitled to a full refund of the cost of the Programme.
     • Notice must be received by Shamar Clinic at least 1 (ONE) week prior to the commencement of the Programme, in which event the Client shall be entitled to a 40% (FORTY PERCENT) refund of the cost of the Programme.
     • If the Client fails to cancel any session at least 1 (ONE) week prior to the commencement of the Programme, the full Programme fee will be charged.
   • Session cancellation: The Client acknowledges and agrees that if the Patient fails to attend any session:
     • the Client will contact Shamar Clinic telephonically as soon as possible to inform Shamar Clinic that the Patient will not attend the session;
     • the normal full session fee will be charged, without any rebate or discount and the Client shall remain liable for such payment in full. Shamar Clinic is entitled, but is not obliged, (in its sole and absolute discretion) to allow the Patient to attend the session at another time when the same session is running as part of a Programme; and
     • such non-attendance may result in the Patient not meeting the minimum requirements to successfully complete the Programme.
   • Late attendance: Should it be reasonably anticipated that the Patient may be late for a scheduled session:
     • the Client will contact Shamar Clinic telephonically as soon as possible to inform Shamar Clinic that the Patient will not attend the session on time;
     • the normal full session fee will be charged, without any rebate or discount and the Client shall remain liable for such payment in full. Shamar Clinic is entitled, but is not obliged, (in its sole and absolute discretion) to allow the Patient to attend the session at another time when the same session is running as part of a Programme; and
     • such late attendance may result in the Patient not meeting the minimum requirements to successfully complete the Programme.
   • Sessions and Programme enrolments are non-transferable from the Patient to any other person.
   • Shamar Clinic is entitled to withdraw the Programme at any time prior to the commencement thereof and Shamar Clinic will not be liable for any loss in this regard, provided that the Client shall be re-imbursed for the Programme fees paid in respect of the withdrawn Programme. Shamar Clinic will, as far as possible, inform the Client prior to the withdrawal of the Programme.
   • Shamar Clinic and Staff do not consent to the sessions being recorded, or the Programme material being distributed, in any form, and any such recording or distribution shall constitute an infringement of the intellectual property rights of Shamar Clinic and confidentiality obligations of the Client.
   • Enrolments for Programmes are recorded using the Patient’s initials or first name on a password protected electronic calendar.
   • In order to ensure the safety of the Patients and Staff, no person may bring any weapons or dangerous objects onto Shamar Clinic’s property.
   • Please note that it is the Patient’s responsibility to wear a mask or any other personal protective equipment when legally required to do so. If the Patient chooses not to wear personal protective equipment in the session, the Patient will do so at their own risk and neither Shamar Clinic nor the Staff can be held liable for any damage or loss thereby incurred.
   • During a Programme, should any member of the Staff determine that a Patient may benefit from a formal diagnosis, assessment or clinical treatment of a disorder, or any other psychological modes of treatment, these will be discussed with the Client, and the Patient will be formally referred to Shamar Clinic for an individual session on receipt of the necessary consent in accordance with Applicable Law.
5. ONLINE SESSIONS AND TELETHERAPY
   • Teletherapy is the distribution of health-related services and information via electronic information and telecommunication technologies. Telecommunication technologies include both video calls and voice calls on various online platforms. Teletherapy includes Zoom/Skype/Live Chat and all other online therapy session platforms (“Online Platform“).
   • Use of Teletherapy is recommended only in instances where there is an already established practitioner‑patient relationship, or where Teletherapy is in the best interest of Patients.
   • It is the Staff’s professional responsibility to determine whether the Treatment can be effectively and ethically conducted through the use of an Online Platform. If the Staff determines that the Treatment cannot be effectively conducted via an online session using an Online Platform, then the Client will be provided with alternative options for securing Treatment.
   • Where Teletherapy is rendered to the Patient:
     • during the online session the Staff will conduct the Programme, schedule the next online session, and may provide psychoeducation;
     • the Patient is required to have an account on the Online Platform, on which the Patient will state their full name;
     • in order to verify the Patient’s identity for the online session, the Staff requests that the session be conducted through the video-call function of the Online Platform;
     • it is the Client’s responsibility to ensure that the Patient has secure internet connection, a working webcam and audio;
     • it is the Client’s responsibility to take all steps to protect the Patient’s information and the contents of the session when using an Online Platform;
     • the confidentiality of the online session is limited by the security of that technology and neither Shamar Clinic nor the Staff guarantees the confidentiality of any online sessions. The Client acknowledges and agrees that the Patient carries the risk of using the Online Platform during the session;
     • the Staff will conduct the online session in a private environment to ensure that the session cannot be overheard by any other party other than the participants of the Programme; and
     • should the Patient become uncomfortable with the use of the Online Platform during any point in the session, the Patient may terminate the session. Please note that, should the Patient decide to terminate the session, the Patient will still liable for the full costs of the session and the provisions in clause 3 will apply.

6. PAYMENT TERMS
   • The Client is responsible for the prompt payment of all Programme fees and bears sole responsibility to claim Programme fees paid from the Client’s medical aid.
   • Shamar Clinic makes no guarantees, warranties or representations that any Programme fees are claimable from the Client’s medical aid, and the Client bears the sole responsibility for ensuring that any Programme fee is claimable from the Client’s medical prior to the Patient participating in a Programme.
   • In the event that the Client’s medical aid does not cover the Programme fees, the Client will remain liable for payment of such Programme fees.
   • Payment:
     • Each session is charged at the rate as set out in the Sign-Up Sheet. All cash and private patients shall pay for the session 24 (TWENTY-FOUR) hours in advance prior to the session. Proof of payment must be sent by email to admin@shamarclinic.co.za.
     • Payment must be made into the following bank account:

Account name:                 Shamar Clinic

Bank:                                 First National Bank

Branch Code:                    210-835

Account Number:             62899405586

Reference:                        Name and Surname OR Patient Number

• Any telephonic conversations that need to be made on request of the Client, or other consulting, will be charged according to the medical aid rate sliding scale.
• All fees payable to Shamar Clinic are subject to increases as follows:
  • an annual increase of the then current fee, on 1 January of every year, at a percentage equal to the percentage change, over the previous 12 (TWELVE) months, in the Consumer Price Index as published by Statistics South Africa from time to time, which is referred to as the “Headline CPI (for all urban areas)” in Statistical Release P0141 or, in the absence thereof, in a similar index nominated or prepared by Shamar Clinic’s auditors; and
  • increases at any other time on no less than 1 (ONE) month’s written notice to the Client.
• The measures that Shamar Clinic shall take in collecting outstanding fees are as follows:
  • Shamar Clinic is entitled to collect fees by way of, and hand over defaulting accounts to, a debt collection service or attorneys. The collection of fees and the processing of the medical aid claims are handled by Shamar Clinic’s staff members and agents (which includes Xero), and the Patient or Client may receive correspondence from them directly. Shamar Clinic is entitled to disclose confidential information of the Client for this purpose; and
  • the delivery of an account constitutes the opportunity to make prompt payment as contemplated by HPCSA Ethical Rules 39.

7. PRIVACY AND CONFIDENTIALITY
   • As contemplated by Applicable Law, the Client consents thereto that in the course of Treatment and in the course of the relationship with the Client, Shamar Clinic will collect, process and store the Client’s, and Patient’s, personal and confidential information, including but not limited to:
     • session records, session notes, communications and correspondence, for the purposes for which it was collected, namely for providing Treatment and psychotherapeutic services and for billing reasons; and
     • process notes taken by Staff to document important information pertinent to the Treatment, which will be kept in a physical clinical file to which only the Staff of Shamar Clinic will have access.
   • The Client hereby:
     • consents to the processing by Shamar Clinic and any third party on behalf of Shamar Clinic, in accordance with the Protection of Personal Information Act 4 of 2013, as amended (“POPIA“), of personal information as defined in POPIA (“Personal Information“) of the Client, and all Personal Information of third parties furnished by the Client to Shamar Clinic, to enable Shamar Clinic to perform its contractual obligations to the Client;
     • warrants that all Personal Information furnished by the Client to Shamar Clinic is necessary for the performance by Shamar Clinic of its contractual obligations to the Client; and
     • warrants that the Client has obtained the consent, in accordance with POPIA, to the processing by Shamar Clinic of any Personal Information of third parties furnished by the Client to Shamar Clinic.
   • The Client hereby consents to the collection and sharing of the Patient’s personal and confidential information held by a referring professional (where applicable) for purposes of ensuring the Patient’s suitability for Treatment.
   • Where the content of the sessions is medically confidential, the Staff of Shamar Clinic will not divulge any information disclosed in the course of the Treatment to any other person without the Patient’s prior written consent or as permitted by Applicable Law. However, notwithstanding the aforesaid, please note that there are cases in which Shamar Clinic and the Staff will disclose confidential information:
     • where required or permitted by Applicable Law;
     • as required by an order of court;
     • to any other person, health care provider or health establishment as is necessary for any legitimate purpose within the ordinary course and scope of their duties where such access or disclosure is, in terms of Applicable Law, in the interests of the Client;
     • to discuss the case with other professionals with the consent of the Patient, or otherwise to discuss the case with appropriate professionals, and then for strictly professional purposes only;
     • to prevent a serious threat to public health;
     • to protect a Patient, Client or other person from harm, which would include but not be limited to the reporting of abuse or neglect of any child or vulnerable adult, when the Patient poses a danger to themself, when the Patient poses a danger to any other person, or when any member of the Staff is aware that someone may be in a vulnerable or compromised situation; and
     • for the processing of payment and the ICD-10 code is required, and to otherwise obtain payment for the Treatment, in which instance disclosure is limited to that which is necessary to achieve that purpose.
   • Patient records are kept for a minimum period of 6 (SIX) years from the date of the last session or as otherwise required, or permitted, by Applicable Law, and will be safely disposed of or destroyed thereafter.
   • Notwithstanding any other provision to the contrary contained in this informed consent form, Shamar Clinic is entitled to withhold information from the Client where permitted by Applicable Law or the HPCSA Ethical Rules.
   • While Shamar Clinic takes its confidentiality obligations seriously and has implemented a strict Code of Conduct to ensure that the patients of the clinic protect their fellow patient’s information, the Client hereby acknowledges that due to the nature of group therapy, Shamar Clinic and the Staff cannot guarantee the confidentiality of any of the information shared during a Programme, as such the Client bears the risk of any disclosures of confidential or personal information by fellow patients.
8. CHILDREN

Subject to Applicable Law, in the event that the Patient is a child:

• over the age of 12 (TWELVE) years, then:
  • the Patient may attend Programmes without the consent of their Guardians;
  • the Patient is required to give consent for Treatment; and
  • the Patient is also entitled to the same confidentiality treatment as adults. As such, Staff will not discuss such sessions with Guardians without the Patient’s consent.
• 12 (TWELVE) years or younger, then:
  • the informed consent of the Guardians is legally required for such Patient to attend Programmes; and
  • Shamar Clinic will not commence therapy without the consent of both Guardians, except in cases where a Guardian can prove to Shamar Clinic that they have sole guardianship of the Patient.
• where the medical aid of the Patient requires the consent of a Guardian for Treatment, the Client acknowledges and accepts the risk of failing to secure such consent and undertakes to pay the fees privately where such claim is rejected by the applicable medical aid.

9. CONTACTING SHAMAR CLINIC
   • Unless it is highly confidential or urgent, the Patient may call the Shamar Clinic office number should the Patient wish to contact any member of the Staff. The Staff member will attend to the Patient’s call, if available during that time, otherwise they will call back when they have availability.
   • In the event of an emergency, the Patient must report at the nearest medical hospital.
   • The Patient can be assisted by calling the following numbers (information correct as at 16 January 2023):

• The Patient is requested to send the Staff an SMS, email or WhatsApp message should the Patient need to contact them urgently. Please kindly refrain from sending voice notes.
• If the Patient’s personal situation changes and the Patient would prefer that Shamar Clinic not contact the Patient’s spouse, the person responsible for payment, or the main member of the medical aid, please alert Shamar Clinic of this via email.
• There is a possibility that the Patient will come into contact with Staff outside of the Treatment space. Please note that the Staff will respect the Patient’s privacy in such an eventuality, and will maintain amicability but will not engage with the Patient in order to maintain professional standards of practice.

10. REQUESTS AND REPORTS
    • Should the Client request a report from Shamar Clinic to be provided to any other party, the Client will first be required to give detailed consent as to what may be included in the report.
    • Should the Client request that Shamar Clinic provides feedback or information to any other party, the Client must provide this request in detailed written format on email or text message. No requests on phone calls, voice messages or voice notes will be accepted.
    • The Client acknowledges that the writing of reports will be billed according to the medical aid sliding rate per 10 (TEN) minute interval.
    • Upon full and proper completion of a Programme, and subject to any further requirements set out in the Sign‑Up Sheet the Client will be provided with a document certifying that the Patient has demonstrated the requirements to successfully complete the Programme.
11. TERMINATION OF THE RELATIONSHIP
    • Subject to clause 4 above read with clause 6 above, the Client may terminate Treatment at any time.
    • Shamar Clinic may terminate Treatment in the following instances:
      • if Shamar Clinic deems it reasonably clear that the Patient no longer needs the Treatment or is not likely to benefit or is being harmed by continuing that Treatment;
      • if Shamar Clinic is threatened or endangered in any way by a Patient or another person with whom the Patient has a relationship, in which circumstances careful thought shall be given to an appropriate referral or disposition plan;
      • if the Client is in arrears in respect of any fees owing to Shamar Clinic; or
      • if otherwise agreed in writing between the parties, or permitted or required by Applicable Law.
    • Except where precluded by the actions of, or failure to pay by, the Client or third-party payer, where Shamar Clinic terminates the relationship, Shamar Clinic shall, prior to termination, provide pre‑termination counselling and suggest alternative service providers, where appropriate.
    • Where Treatment is interrupted or suspended due to the circumstances of Shamar Clinic, appropriate arrangements will be made for an alternative psychologist to address the needs of the Patient in the event of an emergency.
    • Neither the Staff nor Shamar Clinic shall, under any circumstances, be liable to the Client or the Patient for any prejudice or damages they may suffer as a result of Shamar Clinic terminating Treatment or suspending services as agreed in this clause 11.
12. QUESTIONS AND CONCERNS
    • If, at any stage, the Patient becomes concerned about any of the above-mentioned items, please feel free to bring them to Shamar Clinic’s attention. It is of absolute importance to Shamar Clinic that the Patient feels secure and comfortable throughout the treatment process.
    • The Client may not make any changes to these General Terms and Conditions except by amendment in writing and on the signature of both parties.