Terms and Conditions

DR O’CALLAGHAN DENTAL CARE – COMPREHENSIVE LEGAL SUITE

Last updated: 22 August 2025
Effective: 1 September 2025

1) WEBSITE TERMS & CONDITIONS

1.1. Parties and Website Owner (ECTA s43 Disclosure)

  • Website: https://drhenryocal.co.za
  • Legal name: Dr O’Callaghan Inc. (Registration Number: 2025/561043/21)
  • Trading as: Dr O’Callaghan Dental Care / Dr Henry O’Callaghan Dental Care
  • Practice numbers:
    • HPCSA Reg. No.: DP0064564
    • Practice No.: 1255673
  • Registered address (domicilium citandi et executandi): 29 Hof Street, Malmesbury, 7300, South Africa
  • Postal address: 29 Hof Street, Malmesbury, 7300, South Africa
  • Telephone: 082 508 0117 | Email: admin@drhenryocal.co.za
  • Information Officer (POPIA/PAIA): Dr Henry O’Callaghan, admin@drhenryocal.co.za
  • Professional body: Health Professions Council of South Africa (HPCSA).

1.2. Acceptance of Terms
By accessing or using this Website, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms, you must not access the Website.

1.3. Medical Disclaimer
The content on this Website is provided for general informational purposes only and is not intended as, and shall not be understood or construed as, professional dental or medical advice, diagnosis, or treatment. Always seek the advice of a qualified dental or health provider with any questions you may have regarding a dental or medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Reliance on any information provided by this Website is solely at your own risk.

1.4. Appointments, Cancellations & Payments

  • Appointments: Appointments can be requested online; however, a booking is only confirmed once you receive written or telephonic confirmation from our practice.
  • Cancellation Policy: We respectfully request at least 24 hours’ notice for appointment cancellations or rescheduling. This allows us to offer the time to another patient in need of care. Repeated late cancellations or missed appointments (“no-shows”) may result in a fee being levied at the practice’s discretion, which will be communicated to you prior to being charged.
  • Medical Aid: We are a private practice and will submit claims to your medical aid on your behalf as a courtesy. Please note that all medical aid schemes have different rules and benefits. It is your responsibility to understand your plan’s benefits, limitations, and exclusions. You remain personally responsible for all charges incurred, regardless of the outcome of your medical aid claim.
  • Payments: Payment is due on the day of treatment. We accept cash, debit cards, and credit cards. We do not accept cheques. Any online payment facilities will be provided by a secure, certified third-party payment processor; our practice does not store your full card details.

1.5. User Conduct & Acceptable Use
You agree not to use the Website to: (a) violate any law; (b) infringe upon the rights of others; (c) send spam or other unsolicited messages; (d) interfere with the Website’s security or operation; or (e) engage in any other harmful or fraudulent activity.

1.6. Intellectual Property
All content on this Website, including text, graphics, logos, images, and software, is the property of Dr O’Callaghan Inc. or its content suppliers and is protected by South African and international copyright laws. You may not reproduce, distribute, or create derivative works without our prior written permission.

1.7. Third-Party Links
Our Website may contain links to third-party websites. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites.

1.8. Limitation of Liability
To the fullest extent permitted by law, Dr O’Callaghan Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Website.

1.9. Governing Law & Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town) for any dispute arising from these Terms.

1.10. Changes to Terms
We reserve the right to modify these Terms at any time. The updated version will be posted on the Website with a revised “Last updated” date. Your continued use of the Website constitutes acceptance of those changes.

2) PRIVACY POLICY (POPIA COMPLIANT)

2.1. Who We Are
“Dr O’Callaghan Inc.” trading as “Dr O’Callaghan Dental Care” and “Dr Henry O’Callaghan Dental Care” (the “Practice”, “we”, “us”, “our”).

2.2. Personal Information We Process
We process the following categories of personal information:

  • Identification & Contact Details: Name, identity number, date of birth, contact details, and next-of-kin information.
  • Special Personal Information (Health Records): Medical and dental history, clinical examination notes, diagnoses, treatment plans, radiographs (X-rays), photographs, and records of procedures performed.
  • Administrative & Financial Information: Medical aid details, account numbers, billing information, and payment records.
  • Online Data: IP address, browser type, device information, and data collected through cookies (see our Cookie Policy below).

2.3. Purpose & Lawful Basis for Processing
We process your information to:

  • Provide you with safe, effective, and personalised dental healthcare.
  • Manage our practice, including scheduling appointments and billing.
  • Submit claims to and communicate with your medical aid scheme.
  • Comply with our legal and professional obligations (e.g., as required by the HPCSA and the National Health Act).

2.4. Legal Grounds (POPIA Conditions)
Processing is necessary for:

  • The legitimate interests of the Practice in providing healthcare services.
  • Performing a contract to which you are a party (i.e., providing treatment).
  • Complying with a legal obligation (e.g., retaining health records).
  • For special personal information, provisions relating to healthcare and public health.

2.5. Special Personal Information & Children
We process health information, which is considered “special personal information,” under strict confidentiality rules for healthcare purposes. For children under 18, we will obtain consent from a parent or legal guardian.

2.6. Where We Obtain Personal Information
We collect information directly from you. We may also collect information from third parties such as other healthcare providers (with your consent) or your medical aid scheme for purposes of claim verification.

2.7. Disclosures & Operators (Processors)
We may share your information with:

  • Other healthcare professionals for referrals or second opinions (with your consent).
  • Your medical aid scheme for authorization and payment of claims.
  • Third-party “operators” who provide services to us, such as IT support, cloud storage providers, and payment processors. These operators are bound by strict contracts to keep your information confidential and secure.

2.8. Security Measures
We implement appropriate technical and organisational measures to protect your personal information, including secure servers, access controls, and staff training on confidentiality.

2.9. Retention
We retain patient records for a minimum period as required by law (at least 6 years for adults and for children, until the child turns 21). After this period, records are securely destroyed.

2.10. Cross-Border Transfers
Where we use service providers that process data outside South Africa, we will ensure they are subject to laws, binding agreements, or policies that provide an adequate level of protection similar to POPIA.

2.11. Your Rights
You have the right to access, correct, or delete your personal information (where permissible). You may also object to our processing of your information or withdraw consent (where processing is based on consent). To exercise these rights, please contact our Information Officer.

2.12. Direct Marketing
We will not use your personal information for direct marketing without your prior consent. You can opt-out at any time.

2.13. Cookies
Our use of cookies is explained in our Cookie Policy below.

2.14. Contact Details & Complaints

  • Information Officer: Dr Henry O’Callaghan
  • Email: admin@drhenryocal.co.za
  • Address: 29 Hof Street, Malmesbury, 7300
  • If you are not satisfied with how we handle your personal information, you have the right to lodge a complaint with the Information Regulator of South Africa at https://inforegulator.org.za.

2.15. Updates
We may update this Policy periodically. The latest version will always be available on our Website.

3) POPIA SECTION 18 PROCESSING NOTICE (SHORT-FORM)

Responsible Party: Dr O’Callaghan Inc. trading as Dr O’Callaghan Dental Care

Purposes: To provide dental and related healthcare services; manage appointments; billing and medical aid claims; comply with legal/ethical obligations; and operate a secure practice.

Voluntary or Mandatory: Certain information is necessary to assess suitability for treatment and to render services safely. If not provided, we may be unable to proceed with treatment.

Recipients/Categories: Treating clinicians; laboratories; specialists; medical aids; IT and communications service providers; regulators/authorities as required by law.

Cross-Border: Possible for IT hosting/communications; safeguards or consent will apply.

Rights: Access, correction, objection, deletion (where lawful), and complaint to the Information Regulator.

Source: Directly from you; referring/treating professionals; medical aids; service providers.

Consequences of failure to provide: Risk to safe treatment or inability to render services/submit claims.

4) COOKIE POLICY

4.1. What Are Cookies?
Cookies are small text files placed on your device to help the website function, improve your experience, and provide analytics.

4.2. Types We Use

  • Strictly Necessary: Essential for security and basic functionality. These are always active.
  • Performance/Analytics: Help us understand how visitors use our site. These require your consent.
  • Marketing: Used to track effectiveness of campaigns. These require your consent.

4.3. Managing Cookies
You can manage your cookie preferences using the cookie banner on our website or through your browser settings. Please note that blocking certain cookies may affect website functionality.

4.4. Third-Party Cookies
We may use services like Google Analytics. These third parties act as our operators and are bound by contract to protect your data.

5) PAIA MANUAL (PROMOTION OF ACCESS TO INFORMATION ACT) – PRIVATE BODY

5.1. Contact Details

  • Information Officer: Dr Henry O’Callaghan
  • Email: admin@drhenryocal.co.za
  • Physical Address: 29 Hof Street, Malmesbury, 7300
  • Website: https://drhenryocal.co.za

5.2. Guide on How to Use PAIA
The Information Regulator’s guide is available at https://inforegulator.org.za.

5.3. Records Held (Categories)

  • Corporate & Governance: Registration documents, policies, contracts.
  • Human Resources: Employee records.
  • Finance: Invoices, statements, tax records.
  • Clinical: Patient health records, radiographs, consents.
  • IT & Security: System logs, backup records.
  • Marketing: Website analytics, consent records.

5.4. Records Automatically Available
Website content, practice information leaflets, and these legal notices.

5.5. Records Not Automatically Available
Records containing personal, confidential, or privileged information require a formal PAIA request.

5.6. Request Procedure
Formal requests must be made using the prescribed Form C (for public) or Form 2 (for private bodies), available from the Information Regulator’s website. Submit the completed form, proof of identity, and the prescribed fee (if applicable) to our Information Officer.

5.7. Decision, Fees & Access
We will respond within 30 days. A fees notice will be provided if reproduction is required. Access may be granted by inspection, copy, or other agreed means.

5.8. Grounds for Refusal
Access may be refused to protect third-party personal information, commercial confidentiality, or privileged information, subject to public interest overrides.

5.9. Remedies
If refused, you may appeal to the Information Regulator or a court.

5.10. Availability of the Manual
This Manual is available on our website and at our physical address.

6) DATA BREACH RESPONSE & NOTIFICATION PROCEDURE (SUMMARY)

We have implemented a procedure to identify, assess, and report data breaches to the Information Regulator and affected individuals where there is a reasonable likelihood of harm, in compliance with POPIA.

7) DIRECT MARKETING & COMMUNICATIONS CONTROLS

We will only send electronic marketing communications with your prior consent. An opt-out mechanism will be included in every communication.

8) RECORDS MANAGEMENT & RETENTION

Clinical records are retained for a minimum of 6 years (adults) and until a child turns 21 (minors). Financial records are retained for 5 years as per the Tax Administration Act.

9) OPERATOR (PROCESSOR) MANAGEMENT

We maintain a register of all third-party service providers (operators) and ensure they are bound by written agreements to protect your personal information.

10) PATIENT CONSENT & INFORMATION SHEETS (TEMPLATES)

10.1. General Treatment Consent (Summary)
I consent to the dental examination and/or treatment as explained to me, including risks and alternatives. I understand I may ask questions and withdraw consent.

10.2. POPIA Consent (Where Applicable)
I consent to the processing of my personal and health information for clinical care, administration, billing, and legal compliance as detailed in the Privacy Policy.

10.3. Medical Aid Billing Acknowledgement
I authorise the practice to submit claims to my medical aid and understand I am liable for any amounts not covered.

10.4. Radiograph (X-Ray) Consent
I consent to necessary dental radiographs being taken, understanding the minimal risks and significant diagnostic benefits.

10.5. Local Anaesthetic Consent
I consent to the administration of local anaesthetic and have disclosed all relevant medical history.

10.6. Communication Consent
I consent to being contacted via [SMS / WhatsApp / Email / Telephone] for appointment reminders and essential healthcare communications.

11) CONTACT DETAILS – INFORMATION REGULATOR

Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Tel: +27 (0)10 023 5200
Email: POPIAComplaints@inforegulator.org.za
Website: https://inforegulator.org.za

12) WEBSITE DISCLAIMER FOR USER-GENERATED CONTENT

Patient testimonials are moderated for privacy and accuracy before publication. Views expressed are individual opinions and not guarantees of outcome. We reserve the right to remove reviews.

13) COMPLAINTS PROCEDURE (HPCSA GUIDELINES)

We strive for the highest standard of care. Please address any complaints to Dr Henry O’Callaghan at admin@drhenryocal.co.za with the subject line “Complaint” and the date of the incident (e.g., “Complaint 1 January 2025”). Unresolved complaints may be escalated to the HPCSA.

14) FINANCIAL POLICY ACKNOWLEDGEMENT (FOR PATIENTS)

Fees are based on SADA guidelines. Payment is due on the day of treatment. You are responsible for all charges not covered by your medical aid. Outstanding accounts may incur interest and collection costs.

15) INFORMED CONSENT FOR SPECIFIC PROCEDURES (SUMMARY PRINCIPLES)

Informed consent is an ongoing process involving a discussion of the procedure, benefits, risks, alternatives, and costs, which will be documented in your clinical notes.

16) SOCIAL MEDIA POLICY (PATIENT & PUBLIC GUIDANCE)

Our social media is for education and updates, not personal advice. Patient privacy is paramount. We reserve the right to moderate comments.