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1. Introduction

Welcome to Navitas Concepts (Pty) Ltd ("Navitas", "we", "our" or "us"). These Terms and Conditions govern your use of our medical practice management software and services. By accessing or using our services, you agree to be bound by these terms.

2. Service Description

Navitas provides cloud-based medical practice management software including but not limited to appointment scheduling, billing, patient records management, and related services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.

3. Account Registration and Security

To use our services, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring all users in your practice comply with these terms

4. Subscription and Fees

Our services are provided on a subscription basis. By subscribing, you agree to:

• Pay all applicable fees as described in your chosen plan
• Automatic renewal of your subscription unless cancelled
• Price changes with 30 days' notice
• Additional charges for Practice Administrator profiles as specified in our pricing

All fees are exclusive of applicable taxes unless otherwise stated. Payment is due in advance on a monthly or annual basis as selected.

5. Refund Policy

We want you to be satisfied with our services. We offer Navitas Green, a completely free version of our software, so you can try our platform before committing to a paid subscription (Navitas Blue or Navitas Gold).

Our refund policy for paid subscriptions includes:

• New Paid Subscriptions: 14-day full refund when upgrading from Navitas Green to a paid plan for the first time
• Monthly Subscriptions: Prorated refunds based on unused days
• Annual Subscriptions: Refunds for unused portion (minus 10% administrative fee)
• Processing Time: All approved refunds processed within 2 business days
• After Refund: Your account is downgraded to Navitas Green (free version) - you never lose access to your data

For complete details about our refund policy, eligibility requirements, and the refund request process, please see our Refund Policy page.

6. Cancellation

You may cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation:

• You will retain access until the end of your current billing period
• No further charges will be made
• Your data will be available for export for 30 days after cancellation
• After 30 days, your data may be permanently deleted

7. Data Protection and Privacy

We are committed to protecting your data in accordance with GDPR, POPIA (Protection of Personal Information Act), and other applicable data protection laws. Your use of our services is also governed by our Privacy Policy, which is incorporated into these terms by reference.

You retain all rights to your data. We will:

• Process data only as necessary to provide our services
• Implement appropriate security measures to protect your data
• Not sell or share your data with third parties except as required to provide services or as required by law
• Provide data export functionality

8. User Responsibilities and Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these terms. You must not:

• Use the services in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or other users' accounts
• Transmit any viruses, malware, or harmful code
• Use the services to store or transmit infringing, libelous, or unlawful material
• Interfere with or disrupt the integrity or performance of our services
• Reverse engineer, decompile, or attempt to extract source code
• Share your account credentials with unauthorized parties

9. Intellectual Property

All intellectual property rights in our services, including software, design, text, graphics, and logos, are owned by Navitas Concepts (Pty) Ltd or our licensors. You are granted a limited, non-exclusive, non-transferable license to use our services in accordance with these terms.

You retain all rights to the data you input into our system. By using our services, you grant us a license to host, store, and process your data solely for the purpose of providing our services to you.

10. Service Availability and Support

We strive to maintain high availability of our services but cannot guarantee uninterrupted access. We will:

• Provide reasonable notice of scheduled maintenance
• Use commercially reasonable efforts to maintain 99.5% uptime
• Offer customer support during business hours
• Respond to support requests within 24 business hours

We are not liable for service interruptions caused by factors beyond our reasonable control, including internet service provider failures, force majeure events, or third-party service disruptions.

11. Limitation of Liability

To the maximum extent permitted by law:

• Our services are provided "as is" without warranties of any kind, either express or implied
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for any loss of data, profits, revenue, or business opportunities

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Navitas Concepts (Pty) Ltd, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these terms
• Your violation of any rights of another party
• Your data or content submitted through our services

13. Third-Party Services and Integrations

Our services may integrate with third-party services (such as Xero, Google Calendar, etc.). Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or content of third-party services.

14. Modifications to Terms

We reserve the right to modify these terms at any time. We will notify you of material changes via email or through our services at least 30 days before they take effect. Your continued use of our services after changes become effective constitutes acceptance of the modified terms.

15. Termination

We may suspend or terminate your access to our services if:

• You breach these terms
• Your account is inactive for more than 12 months
• We are required to do so by law
• Payment is not received within 30 days of the due date

Upon termination, you must cease all use of our services and we may delete your data in accordance with our data retention policy.

16. Governing Law and Dispute Resolution

These terms are governed by the laws of South Africa. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of South Africa.

Before initiating any legal proceedings, parties agree to attempt to resolve disputes through good faith negotiations. If negotiations fail, disputes may be referred to mediation before proceeding to litigation.

17. Compliance with Healthcare Regulations

Our services are designed to assist healthcare providers in managing their practices. You are responsible for ensuring your use of our services complies with all applicable healthcare regulations, including but not limited to:

• Health Professions Council of South Africa (HPCSA) regulations
• Protection of Personal Information Act (POPIA)
• Medical schemes regulations
• Any other applicable healthcare and data protection laws in your jurisdiction

18. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Navitas Concepts (Pty) Ltd
Email: support@navitasconcepts.com
Website: www.navitas.co.za

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