Terms of Use

By accessing or using the ACK & Associates website at ackaa.co.za (the "Website"), including our online payment facility, proof of payment upload system, and payment arrangement request service (collectively, the "Services"), you agree to be bound by these Terms of Use. If you do not agree to these terms, you must not use the Website or Services.

We may revise these Terms of Use at any time by posting an updated version on this page. Your continued use of the Website after such changes constitutes your acceptance of the revised terms.

2. Definitions

In these Terms of Use, unless the context indicates otherwise:

• "We", "us", "our" means ACK & Associates (Pty) Ltd, a private company registered in South Africa
• "You", "your", "user" means any person who accesses or uses the Website or Services
• "Account Holder" means a debtor or person responsible for an outstanding medical account
• "Healthcare Provider" means the medical service provider (our client) on whose behalf we act
• "Matter" means a specific outstanding account assigned to us for collection
• "Personal Information" has the meaning ascribed to it in POPIA

3. Eligibility and Account Access

To use our Services, you must:

• Be at least 18 years of age or legally capable of entering into binding contracts
• Provide accurate and complete information when submitting forms or making payments
• Maintain the confidentiality of any account credentials or reference numbers you use to access our Services

You are responsible for all activity that occurs under your matter reference or account access. You must notify us immediately of any unauthorised use or security breach.

4.1 Payment Methods

We accept payments via secure online card payments (processed through PayFast), Electronic Funds Transfer (EFT), and arranged payment plans. All online card payments are processed by third-party payment processors and are subject to their terms and conditions.

4.2 Payment Confirmation

Upon successful payment, you will receive a confirmation reference number. This confirmation serves as proof of payment and should be retained for your records. For EFT payments, you must upload proof of payment via our designated upload facility for proper allocation.

4.3 Allocation of Payments

Payments made through our Services are allocated to the specific matter reference number provided during the transaction. It is your responsibility to ensure that the correct matter reference is entered. We are not liable for payments allocated to incorrect accounts due to user error.

4.4 Outstanding Balances

The balance displayed on our Website or communicated to you reflects the most recent information available to us. We strongly recommend that you verify the current outstanding balance with us before making payment, particularly if your most recent statement was received more than 24 hours ago. You may contact us via telephone, email, or WhatsApp to confirm your current balance.

4.5 Refunds

Refunds, where applicable, will be processed in accordance with South African consumer protection law and our internal refund policy. Refund requests must be submitted in writing to admin@ackaa.com and will be assessed on a case-by-case basis.

5. Proof of Payment Uploads

When uploading proof of payment:

• You must provide a clear, legible image or document showing the payment details, including date, amount, reference number, and beneficiary
• The proof of payment must correspond to a valid matter number associated with your account
• We reserve the right to reject uploads that are unclear, incomplete, or suspicious
• Allocation of uploaded payments may take up to 3 (three) business days
• You remain responsible for any outstanding balance until the payment is confirmed and allocated

6. Payment Arrangements

Payment arrangements are offered at our discretion and subject to approval by the Healthcare Provider. By requesting a payment arrangement:

• You agree to adhere to the agreed instalment schedule and amounts
• Missing or delayed instalments may result in the arrangement being cancelled and the full outstanding balance becoming immediately due
• We reserve the right to review and adjust arrangements based on your payment history
• All arrangements must be confirmed in writing (email or SMS) to be valid

7. Prohibited Conduct

You may not use the Website or Services to:

• Submit false, fraudulent, or misleading information
• Impersonate any person or misrepresent your identity or affiliation
• Attempt to gain unauthorised access to our systems or data
• Interfere with the proper functioning of the Website or Services
• Use automated systems, bots, or scraping tools to access the Website
• Upload malicious software, viruses, or harmful code
• Engage in any activity that violates applicable laws or regulations

We reserve the right to suspend or terminate your access to the Services if we reasonably believe you have engaged in prohibited conduct.

8. Intellectual Property

All content on the Website, including text, graphics, logos, images, software, and code, is the property of ACK & Associates or its licensors and is protected by South African and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use the Website for personal, non-commercial purposes related to resolving your outstanding account. You may not reproduce, modify, distribute, or create derivative works from any content without our prior written consent.

9.1 General Disclaimer

The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Website Availability

We do not guarantee that the Website will be available at all times, uninterrupted, secure, or error-free. We may suspend access to the Website for maintenance, updates, or other operational reasons without prior notice.

9.3 Third-Party Services

We are not responsible for the availability, accuracy, or reliability of third-party services integrated into our Website, including payment gateways, hosting providers, or telecommunications services.

9.4 Limitation of Liability

To the fullest extent permitted by South African law, ACK & Associates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Website or Services, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising from your use of the Website or Services shall not exceed the total amount you have paid to us through the Website in the 12 (twelve) months preceding the claim, or ZAR 1,000.00 (one thousand Rand), whichever is greater.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

10. Indemnity

You agree to indemnify and hold harmless ACK & Associates, its directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Website or Services
• Any information you submit through the Website
• Your breach of these Terms of Use
• Your violation of any applicable law or the rights of a third party

11. Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the South African courts, and you consent to the jurisdiction of the Magistrate's Court in Cape Town, Western Cape, having jurisdiction, notwithstanding that the claim may exceed the jurisdiction of the Magistrate's Court.

12. Severability

If any provision of these Terms of Use is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these terms, and the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and ACK & Associates regarding your use of the Website and Services, and supersede all prior agreements, understandings, or representations.