Trial Terms and Conditions
Effective Date: 22 November 2024
Please read these Terms and Conditions ("Terms") carefully before using the Lumina Health application ("App") and participating in the Lumina Health Trial ("Trial"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
1. Introduction
Lumina Health ("Company," "we," "us," or "our") provides a digital integrative care platform designed to assist users ("you," "your," or "user") in managing chronic pain through a personalized treatment plan that incorporates biological, psychological, and sociological approaches.
2. Eligibility
- Age Requirement: You must be at least 21 years old to use the App and participate in the Trial.
- Residency: The Trial is currently available to residents of South Africa.
- Medical Conditions: The App is intended for individuals diagnosed with or experiencing chronic pain conditions.
3. Trial Participation
- Trial Duration: The Trial is offered for a limited time as part of an initial rollout. We reserve the right to modify, suspend, or terminate the Trial at any time without prior notice.
- Offboarding: In the event of Trial termination, we will provide you with instructions for transitioning your care.
4. User Account
- Registration: To access the App, you must register by providing a valid email address and creating a password.
- Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
- Accurate Information: You agree to provide accurate, current, and complete information during registration and use of the App.
5. Medical Disclaimer
- Informational Purposes Only: The App and any content provided are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment.
- No Doctor-Patient Relationship: Use of the App does not establish a doctor-patient relationship between you and Lumina Health or any of its healthcare providers.
- Consult Healthcare Providers: Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition.
6. Diagnostic Aid
- Suggested Diagnosis: The Lumina Diagnostic Aid provides a suggested diagnosis based on the information you provide.
- No Guarantee of Accuracy: We do not guarantee the accuracy, completeness, or usefulness of any diagnostic suggestions. These suggestions are not confirmed diagnoses and should not be relied upon without consultation with a qualified healthcare professional.
- Professional Evaluation: A Lumina healthcare professional will review your information and may contact you for additional details to provide a more accurate assessment.
7. Personalised Treatment Plan
- Customization: Your treatment plan is personalized based on the information you provide and may include recommendations across biological, psychological, and sociological domains.
- User Responsibility: You are responsible for following the treatment plan as prescribed and for communicating any concerns or changes in your condition to your healthcare provider.
- No Guarantees: We make no guarantees regarding the outcomes or effectiveness of the treatment plan. Results may vary between individuals.
8. Telehealth Consultations
- Consent to Telehealth: By participating in the Trial, you consent to receive care through telehealth services, including video calls and messaging.
- Data Security: While we implement measures to protect your information, we cannot guarantee the security of telehealth communications. You acknowledge the risks associated with telehealth.
9. Communication
- WhatsApp Group: We may create a WhatsApp group using your provided cell phone number to assist you during the onboarding and treatment process.
- Consent to Contact: By providing your phone number, you consent to receive communications from us via WhatsApp, SMS, or phone calls.
- Opt-Out: You may opt out of communications at any time by notifying us, but this may limit your ability to fully participate in the Trial.
10. User Conduct
- Compliance: You agree to use the App and participate in the Trial in compliance with all applicable laws and regulations.
- Prohibited Actions: You shall not:some text
- Use the App for any unlawful purpose.
- Misrepresent your identity or provide false information.
- Attempt to gain unauthorized access to any part of the App.
11. Privacy Policy
- Data Collection: We collect personal information as described in our Privacy Policy.
- Use of Data: Your information is used to provide and improve our services, including personalised treatment plans and support.
- Data Sharing: We may share your information with our healthcare providers and partners as necessary to deliver the Trial.
- Consent: By using the App, you consent to the collection and use of your information in accordance with our Privacy Policy.
- Authorization: You hereby irrevocably and unconditionally authorize the Lumina Health to collect, process, use, store, retain, receive clinical data, and manage such data, including but not limited to the electronic prescription to third-party service providers, and hereby acknowledge that in every instance of electronic transmission between the practice and third-party service providers, they were authorized by you and by each of your authorized users. You warrant to the practice that I have full authority from each of the authorized users to grant to the practice the authorization as set out above.
12. Intellectual Property
- Ownership: All content, features, and functionality of the App are the exclusive property of Lumina Health and are protected by intellectual property laws.
- Limited Licence: You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
13. Limitation of Liability
- No Liability for Diagnostic Accuracy: Lumina Health is not liable for any inaccuracies or errors in the diagnostic suggestions provided by the App.
- Indirect Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the App or participation in the Trial.
- Maximum Liability: Our total liability to you for all claims arising from or related to these Terms shall not exceed the amount paid by you, if any, for accessing the App.
14. Indemnification
You agree to indemnify, defend, and hold harmless Lumina Health, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the App.
15. Modification and Termination
- Modification of Terms: We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting.
- Termination of Access: We may terminate or suspend your access to the App and participation in the Trial at our sole discretion without prior notice.
16. Governing Law
- These Terms are governed by and construed in accordance with the laws of Republic of South Africa, without regard to its conflict of law provisions.
17. Dispute Resolution
- Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the Republic of South Africa.
18. Entire Agreement
- These Terms, along with our Privacy Policy, constitute the entire agreement between you and Lumina Health regarding the App and the Trial.
19. Severability
- If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions
20. Pricing and Payment
20.1. Payment Terms
- Payment for all consultations is required in full at the time of booking.
- Payment details will be provided on confirmation of the booking time.
20.2. Consultation Appointment Confirmation
- A consultation appointment will only be confirmed once the full payment has been received.
- A confirmation email, SMS, or other notification will be sent upon successful payment and scheduling of the consultation appointment.
20.3. Cancellation and Refund Policy
- Appointments must be canceled no less than 48 hours prior to the scheduled time to be eligible for a refund.
- Cancellations made with less than 48 hours notice will not qualify for a refund.
- Refunds for eligible cancellations will be processed within [insert timeframe, e.g., seven business days to the original payment method.
- If you wish to reschedule your appointment, please contact our office at least 48 hours before the scheduled time. Rescheduling requests with less than 48 hours’ notice may incur additional fees.
20.4. No-Show Policy
- If you fail to attend your scheduled appointment without prior cancellation or notification, the full consultation fee will be forfeited, and no refund will be provided.
20.5. Late Arrival Policy
- Please arrive on time for your appointment. Late arrivals may result in a shortened consultation time or the need to reschedule, at the discretion of the practice. In such cases, no refund will be issued.
21. Contact Information
For questions or concerns about these Terms, please contact us at:
- Email: info@luminapain.com
By clicking "I Agree" or by using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
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