These terms and conditions (the “Terms and Conditions”) constitute a client contract between you, the client / patient, as identified in the Client / Patient Form which you find here (herein referred as “you” or “your”) and Dorothee Verrinder (Namibian identity number [77122810410) (trading as Dorle Verrinder – Registered Dietician and Lactation Consultant and registered under practice number [084 000 0545449) (herein referred to as “we”, “our” or “us”).
These Terms and Conditions include and must be read together with the Fee Schedule, which can be found here .
In making a booking with Dorle Verrinder – Registered Dietician and Lactation Consultant, you are agreeing to these Terms and Conditions and the Fee Schedule.
- Definitions
In these Terms and Conditions, the following words and phrases shall have the following meaning:
1.1 “Consultation” includes telephonic and online consultations;
1.2 “Initial Consultation” means your first consultation with us;
1.3 “Medical Aid Scheme” means a medical aid scheme in terms of the Medical Aid Funds Act, 1995 and includes any medical insurance in terms of the Short-Term Insurance Act, 1998 and which may cover you for Service Fees and Charges or any portion thereof;
1.4 “Services” means, as the case may be, dietician services, breastfeeding and lactation support and management consulting services, including in-person Consultations, telephonic and written (e-mail) Consultations, education, counsel and advice;
1.5 “Service Fees and Charges” means the professional consulting and other fees and charges (including travel charges) as set out in the Fee Schedule.
- Agreement to Supply Services
- Subject to these Terms and Conditions we agree to provide the Services to you.
- We are dieticians and lactation consultants and are not able to deal with any medical emergencies, which you should immediately refer to a medical practitioner.
- We will provide our Services to the best of our professional ability and knowledge, and we do not represent or warrant that our Services will necessarily be suitable for any particular purpose. We reserve the right to on-refer you to medical practitioners or other professionals, should this in our professional opinion be necessary.
- If our consultant is absent, on leave or unavailable to render Services, we may make use of a locum. In such case, the terms and conditions of service of such locum shall apply in addition to these Terms and Conditions.
- Consultations
- If you live in Windhoek, we intend to conduct the Initial Consultation with you in person.
- If you live outside of Windhoek, or in exceptional, emergency or urgent circumstances, we will conduct the Initial Consultation by way of telephone or video call.
- Further or follow-up Consultations may be conducted by any convenient means.
- Appointments and Cancellations
- You must cancel any confirmed appointment for a Consultation on at least 4 (four) hours notice.
- If you cancel and reschedule an appointment in accordance with clause 4.1, no cancellation fee is payable by you.
- If you do not show up at your scheduled appointment within 15 (fifteen) minutes of the commencement thereof, or if you cancel your appointment in non-compliance with clause 4.1, we may charge you a cancellation fee as set out in the Fee Schedule.
4.4 New appointment times are subject to availability.
- Service Fees and Charges
- You agree to our Service Fees and Charges as set out in the Fee Schedule.
- Our Service Fees and Charges become due and payable on issue of our invoice.
- We may charge interest on overdue invoices at the legal rate prescribed in the Prescribed Rate of Interest Act, 1969.
- Medical Aid
6.1 Even if you are member or beneficiary of a Medical Aid Scheme, you remain principally liable to settle our Service Fees and Charges in accordance with clause 5; however –
6.1.1 we may, on a case by case basis, and in any event only insofar as we are contracted into such Medical Aid Scheme as an approved professional service provider, agree to submit your invoice to such Medical Aid Scheme for settlement in accordance with and subject to their relevant and applicable rules and procedures for claims and payments, and provided funds are available to claim; and
6.1.2 pending the response or payment from your Medical Aid Scheme, you will be required to immediately settle any known patient contribution to the Service Fees and Charges.
6.2 You remain liable for all amounts of Service Fees and Charges (including interest, if applicable) not covered by your Medical Aid Scheme.
6.3 Should your Medical Aid Scheme take unreasonably long to settle any Service Fees and Charges (the reasonableness of any time for settlement being solely determined by us), then, notwithstanding the provisions of 6.1.1, we may require you by written notice to settle the full amount of the Service Fees and Charges, which will then immediately be due, owing and payable by you.
6.4 We reserve the right to not engage or discontinue cooperation with any Medical Aid Scheme.
- Provision of Information
You agree to provide complete and accurate information on the Client / Patient Form, including your personal details to enable the provision of the Services and the processing of claims with your Medical Aid Scheme (if applicable).
8. Limitation on Liability and Indemnity
8.1 To the extent permitted by law, we will not be liable for any injury, claim, costs, losses or damages or any direct, indirect, incidental or consequential losses or damages of any kind (including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages), whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
8.2 Without limiting the provisions of clause 8.1, our liability shall in any event be limited to (i) the Service Fees and Charges paid for the Services or (ii) any payment made by our insurers, whichever amount is the lower. Any limitations on liability will survive termination of the Services.
8.3 You hereby indemnify and hold us harmless against all claims, demands, remedies, suits, costs, losses, damages, actions, proceedings or right of action (including legal costs on an indemnity basis) arising from (but not limited to) your use of the Services (including negligence) which results in loss, injury or damage (including death) to any property or person.
8.4 The provisions of this clause 8 survive termination of the Services.
9. General
9.1 These Terms and Conditions constitute the entire agreement between you and us.
9.2 We reserve the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on our website. The Terms and Conditions which apply at the time of signing the Client / Patient Form are those that govern the agreement between you and us with respect to those Services.
9.3 If any provisions of these Terms and Conditions are or become void or unenforceable, they will be severed from these Terms and Conditions without affecting the enforceability of the other provisions which will continue to have full force and effect.
9.4 These Terms and Conditions are governed by the laws of Namibia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Namibia.