VitalScan (Pty) Ltd
Terms and Conditions
Version: 1.1
Effective Date: 2026-07-07
1. Introduction
1.1 These Terms and Conditions ("Terms") govern the use of the VitalScan website, mobile application, QR code system, NFC tag system, emergency profile platform, and related services (collectively referred to as the "Platform") operated by VitalScan (Pty) Ltd.
1.2 By creating an account, subscribing to the Platform, or using any VitalScan services, you agree to be legally bound by these Terms.
1.3 If you do not agree to these Terms, you must immediately discontinue use of the Platform.
2. About VitalScan
2.1 VitalScan provides a digital information access platform designed to assist verified emergency responders in accessing user-provided personal and medical information during emergency situations.
2.2 VitalScan provides information access services only.
2.3 VitalScan does not:
- dispatch emergency services
- monitor medical conditions
- detect medical emergencies
- provide medical advice
- provide clinical decision support
2.4 The Platform only facilitates access to information voluntarily supplied by users.
3. Definitions
For the purposes of these Terms:
Platform means the VitalScan website, mobile application, QR/NFC identification system, and supporting infrastructure.
User means any individual who registers an account or whose information is stored on the Platform, including a Principal Member or a Dependant, as applicable.
Principal Member means the account holder responsible for managing the subscription.
Dependant means an individual whose information is stored under a Principal Member account.
First Responder means a verified emergency professional authorised to access emergency profiles.
Emergency Profile means the personal and medical information voluntarily stored by a User.
4. Eligibility
4.1 Users must be at least eighteen (18) years of age to create an account.
4.2 Dependant profiles may be created for minors by a lawful parent or guardian.
4.3 By creating an account, Users confirm and represent that they are legally authorised to provide any personal or medical information submitted to the Platform.
5. Account Registration
5.1 Users must create an account to access the Platform.
5.2 Users agree to:
- provide accurate and truthful information
- maintain up-to-date emergency profile information
- keep login credentials secure and confidential
5.3 Users remain responsible for all activities conducted through their account and the accuracy of the information captured on the Platform..
6. Emergency Profile Information
6.1 Users may voluntarily store personal and medical information within their Emergency Profile.
6.2 Such information may include:
- identification information
- medical conditions
- allergies
- medication details
- blood type
- emergency contact details
- medical aid information
6.3 VitalScan does not verify the accuracy of user-provided information.
6.4 Users remain responsible for ensuring that information stored within the Platform is accurate and current.
7. QR Codes, NFC Tags and Emergency Access
7.1 VitalScan may provide QR codes, NFC tags, or identification cards that enable access to Emergency Profiles when requested by the Principal Member and subject to these Terms.
7.2 Emergency access occurs only when:
- a verified First Responder is logged into the VitalScan application
- the responder account has been approved
- the QR code or NFC tag is scanned
- a secondary security PIN is entered
7.3 QR codes and NFC tags do not store personal or medical information.
7.4 Emergency access is read-only and fully logged for security and audit purposes.
8. First Responder Accounts
8.1 First Responder accounts require administrative verification.
8.2 Verification may include identity checks, professional registration verification, and employer confirmation.
8.3 First Responders agree to access the Platform only for legitimate emergency assistance.
9. Subscription Services
9.1 VitalScan may offer subscription-based services.
9.2 Payments may be processed through authorised payment providers including PayFast, Apple App Store, or Google Play Store.
9.3 VitalScan does not store payment card details.
9.4 Cancellation and Refund Policy
9.4.1 VitalScan subscriptions are billed in advance for the selected subscription period.
9.4.2 The first-year subscription may include, where applicable, account setup, emergency profile activation, custom QR codes, NFC tags, identification cards, sticker packs, manual linking, encoding, quality checks, packaging, and delivery to a nominated delivery point, including a PUDO locker or other delivery option made available by VitalScan.
9.4.3 VitalScan starter kits, QR codes, NFC tags, identification cards, sticker packs, and related identifiers are custom-prepared, linked, encoded, and supplied for a specific User or family profile. Because of this, VitalScan may incur costs shortly after an order is placed.
9.4.4 A User may request cancellation of their subscription by contacting VitalScan at info@vitalscan.co.za or through any cancellation process made available on the Platform
9.4.5 Cancellation will stop future renewal charges, provided the cancellation request is received and processed before the next renewal date.
9.4.6 Cancellation of a subscription does not automatically entitle the User to a refund of amounts already paid.
9.4.7 Where a cancellation request is received before VitalScan has started processing the order, activating the emergency profile, linking the QR or NFC identifiers, printing, encoding, packing, dispatching, delivering, or providing any part of the service, VitalScan may approve a full or partial refund, less any payment processing fees, administrative costs, or other costs already incurred.
9.4.8 Where a cancellation request is received after VitalScan has started processing the order, activating the emergency profile, linking the QR or NFC identifiers, printing, encoding, packing, dispatching, delivering, or providing any part of the service, VitalScan may deduct all reasonable costs already incurred.
9.4.9 These reasonable costs may include, but are not limited to, account setup, emergency profile activation, QR code creation, NFC tag creation, manual linking, encoding, custom sticker packs, identification cards, membership identifiers, packaging, handling, courier fees, PUDO locker delivery fees, payment provider fees, administrative costs, and any portion of the subscription service already provided.
9.4.10 If the reasonable costs already incurred equal or exceed the amount paid by the User, no refund will be due, except where required by law or where VitalScan determines that a refund, replacement, repair, or reissue is appropriate.
9.4.11 VitalScan will not refuse assistance where a QR code, NFC tag, identification card, sticker, starter kit, or related item is defective, faulty, incorrectly supplied, incorrectly linked, or fails due to an error by VitalScan.
9.4.12 Where a User believes that an item is defective, faulty, incorrectly supplied, incorrectly linked, or not working due to a VitalScan error, the User must contact VitalScan within a reasonable time at info@vitalscan.co.za so that VitalScan can assess the issue.
9.4.13 If VitalScan confirms that the item was defective, faulty, incorrectly supplied, incorrectly linked, or failed due to a VitalScan error, VitalScan may repair, replace, reissue, or refund the affected item or affected portion of the service, where appropriate.
9.4.14 VitalScan will not charge the User for a replacement, repair, or reissue where VitalScan confirms that the issue was caused by a defect, incorrect supply, incorrect linking, or an error by VitalScan.
9.4.15 Refunds will generally not be granted where the User changes their mind after custom processing has started, no longer wishes to use the service after activation, provided incorrect delivery information, provided incorrect profile information, provided incorrect dependant information, failed to collect the parcel from the nominated delivery point, lost or damaged the QR code, NFC tag, identification card, sticker, or starter kit, misused the item, damaged the item through negligence, or where the item is affected by ordinary wear and tear.
9.4.16 Refunds will also generally not be granted where the User failed to cancel before a renewal payment was processed, or where the service was available, but the User chose not to use it.
9.4.17 If a refund is approved, the refund will be processed using the original payment method where possible, or another lawful method if required by the payment provider. Refund processing times may depend on the payment provider, the User’s bank, or any third-party payment processor.
9.4.18 Cancellation does not automatically delete all records. VitalScan may retain limited records after cancellation where required for legal, financial, audit, security, emergency access, dispute resolution, POPIA compliance, or other lawful purposes.
9.4.19 Any request to delete or deactivate an emergency profile will be handled in accordance with VitalScan’s Privacy Policy, POPIA Compliance Policy, and applicable data retention obligations.
9.4.20 Nothing in this Cancellation and Refund Policy limits any refund, repair, replacement, cancellation, or other consumer right that may apply under South African law.
9.5 Payment Acknowledgement
9.5.1 By completing payment, the User confirms that they have read, understood, and accepted these Terms, the VitalScan Privacy Policy, and the Cancellation and Refund Policy.
9.5.2 The User understands that custom processing, account setup, emergency profile activation, QR or NFC linking, printing, packing, dispatch, and delivery may begin shortly after payment is received.
9.5.3 The User understands that once custom processing or service activation has started, any cancellation refund may be reduced by the reasonable costs already incurred, and in some cases no refund may be due, except where required by law.
9.5.4 The User further understands that if an item is defective, faulty, incorrectly supplied, incorrectly linked, or fails due to a VitalScan error, VitalScan will assess the issue and may repair, replace, reissue, or refund where appropriate.
10. Privacy and Data Protection
10.1 VitalScan processes personal information in accordance with the Protection of Personal Information Act.
10.2 Details regarding the processing of personal information are set out in the VitalScan Privacy Policy, available on the VitalScan website.
10.3 By using the Platform, Users acknowledge that they have read and accepted the Privacy Policy.
11. Special Personal Information Consent
11.1 By providing medical or health-related information within the Platform, Users expressly consent to the processing of such information as special personal information.
11.2 This information is processed solely to assist emergency responders in emergency situations where the User may be unable to communicate.
12. Data Retention
12.1 Personal information is retained only as long as necessary for operational or legal purposes.
12.2 Typical retention periods include:
- active accounts retained while subscriptions remain active
- deleted account profile information removed or deactivated within thirty (30) days, except where VitalScan is required or permitted to retain limited records for legal, financial, audit, security, emergency access, dispute resolution, POPIA compliance, or other lawful purposes
- authentication and emergency access logs retained for a minimum of twelve (12) months and extended up to three (3) years where required for legal, security, or dispute resolution purposes
- financial records retained for five (5) years
13. User Responsibilities
Users agree not to:
- attempt unauthorised access to the Platform
- interfere with system security
- submit false or misleading information
- misuse emergency access functionality
14. Limitation of Liability
VitalScan provides the Platform on an “as-is” and “as-available” basis.
To the fullest extent permitted by law, VitalScan shall not be liable for:
- delays in emergency response
- failure of responders to access the Platform
- medical outcomes arising from user-provided information
- technical failures or service interruptions
- device incompatibility or network outages
15. Emergency Services Disclaimer
VitalScan is not an emergency response provider.
The presence of a VitalScan identifier does not guarantee that emergency information will be accessed during an emergency.
16. No Assumption of Duty
Use of the Platform does not create any obligation for VitalScan to monitor emergencies, dispatch services, or ensure emergency responders access stored information.
17. Medical Information Disclaimer
VitalScan does not verify or medically validate information stored on the Platform.
Healthcare professionals must rely on their own professional judgement when providing treatment.
18. Technology Dependency Disclaimer
The Platform relies on third-party infrastructure including mobile devices, internet connectivity, cloud hosting services, and scanning technologies.
VitalScan does not guarantee uninterrupted system availability.
19. No Guarantee of Emergency Access
VitalScan does not guarantee that emergency information will be accessed during an emergency event.
Access may depend on factors outside VitalScan’s control including device compatibility, internet connectivity, or responder awareness.
20. Emergency Data Disclosure Consent
Users consent to the disclosure of emergency information to verified First Responders where VitalScan reasonably believes the User may be experiencing a medical emergency.
21. Good Samaritan Protection
First Responders accessing the Platform do so in good faith for the purpose of providing emergency assistance.
VitalScan shall not be liable for medical outcomes resulting from decisions made by responders relying on Platform information.
22. Platform Classification Disclaimer
VitalScan is a digital information access platform and is not:
- a medical device
- a healthcare provider
- a telemedicine platform
- an emergency response provider
23. Indemnification
Users agree to indemnify and hold harmless VitalScan (Pty) Ltd and its personnel from claims arising from misuse of the Platform, inaccurate information provided by Users, or unauthorised access resulting from User negligence.
24. Force Majeure
VitalScan shall not be liable for delays or failures caused by events beyond its reasonable control including internet outages, infrastructure failures, cyber incidents, natural disasters, or government restrictions.
25. Intellectual Property
All software, branding, content, and technology associated with the Platform remain the intellectual property of VitalScan (Pty) Ltd.
26. Suspension and Termination
VitalScan may suspend or terminate accounts where:
- these Terms are violated
- fraudulent activity is detected
- security risks arise
27. Security and Breach Notification
VitalScan will investigate any suspected security breach and notify affected users and the regulator where required, in accordance with the VitalScan Privacy Policy available on the VitalScan website.
28. Amendments
VitalScan may update these Terms from time to time.
Continued use of the Platform constitutes acceptance of updated Terms.
29. Governing Law
These Terms are governed by the laws of the Republic of South Africa.
30. Contact Information
VitalScan (Pty) Ltd
Information Officer: Johan Niemand
Email: info@vitalscan.co.za
Registered Address
13 Nature View
490 Botterklapper Street
Die Wilgers
Pretoria
South Africa
Telephone
+27 72 958 9649