Terms, Privacy & Patient Disclaimer

1. Intro / General Notice

Sohani Deonarain Incorporated, trading as Oogappel (“we”, “us”, “our”) provides this website and our online services to share information about our practice, eye care services and eyewear.

By using this website, booking an appointment, or engaging with our practice, you acknowledge that you have read and understood the terms and disclaimers below.

These terms are intended as a general guide and do not replace any written consent, clinical documentation, or practice policies signed in person at the practice.

2. No Medical Advice – Information Only

The content on this website, including articles, posts, images, and educational material:

is for general information and educational purposes only
does not constitute medical advice, a diagnosis, or a treatment plan
should not be used to self-diagnose or delay seeking professional care

Eye health is highly individual. You should always consult a registered optometrist, ophthalmologist, or other appropriate healthcare professional before making decisions about your eyes, vision or health.

If you have sudden changes in vision, eye pain, flashes of light, floaters, trauma, or any emergency symptoms, please contact an emergency service or eye hospital immediately. This practice does not provide an emergency on-call service and this website is not an emergency communication platform.

Clinical examinations and any information provided online have inherent limitations. The absence of detected abnormalities during an examination or in educational content does not guarantee the absence of disease. Some conditions may not be detectable without additional specialised testing or medical imaging.

Advice given through messaging, email, or online platforms is general in nature and is not a substitute for an in-person consultation. A proper diagnosis can only be made following a comprehensive clinical examination in person.

3. Scope of Services

Oogappel Optometry provides professional optometric services within the scope of practice permitted by the Health Professions Council of South Africa (HPCSA), including but not limited to:

Comprehensive eye examinations
Refraction (spectacle & contact lens prescriptions)
Ocular health screenings and monitoring
Contact lens fitting and aftercare
Referral to other healthcare providers where clinically appropriate

We do not claim to offer services outside the legal and ethical scope of optometry in South Africa. Where needed, you may be referred to an ophthalmologist, general practitioner, or other specialist.

Optometrists in South Africa operate within a defined scope of practice regulated by the HPCSA. Certain conditions may require medical or surgical treatment beyond the scope of optometry. Where such conditions are suspected or identified, you will be referred to the appropriate healthcare practitioner. The practice is not liable for outcomes where the patient fails to follow through with a referral.

We reserve the right to decline providing services or dispensing products where it is clinically inappropriate, unsafe, unethical, or in violation of professional guidelines or the HPCSA scope of practice.

4. POPIA & Privacy Notice

We are committed to complying with the Protection of Personal Information Act (POPIA) and protecting the confidentiality of your personal and health information.

4.1 Information we collect
We may collect and process:

Identity & contact details
Medical aid information
Clinical history and examination findings
Spectacle and contact lens prescriptions
Clinical images (for example retinal photos, OCT, corneal images)
Payment / billing details

4.2 How we use your information
Your information is used to:

Provide eye care services and treatment
Maintain accurate clinical records
Submit claims to medical aids (where applicable)
Contact you about appointments, follow-ups, and important clinical information
Send practice and product updates
Comply with legal and regulatory obligations

4.3 Storage and security
We take reasonable technical and organisational measures to keep your data secure and to prevent loss, misuse, unauthorised access, or disclosure. Records may be stored in electronic practice management systems and secure backups.

4.4 Sharing of information
We may share relevant information:

With medical aids/medical scheme administrators for claims and benefit checks
With other healthcare providers when referrals are necessary (with your consent where required)
Where we are legally obliged to do so (for example by court order or regulator)

We do not sell your personal information.

4.5 Your rights
Subject to applicable law, you may:

Request access to your personal information
Request correction of inaccurate information
Withdraw consent for certain types of processing (where consent is the basis)
Lodge a complaint with the Information Regulator if you believe your data has been mishandled

Requests can be directed to the practice via our contact details on this website.

4.6 Clinical images and professional use
Clinical images (for example retinal photos or OCT scans) may be used for diagnostic, monitoring, audit, teaching, and professional development purposes. Images will not be shared publicly or used for marketing without your explicit written consent and will be handled in accordance with POPIA.

5. Medical Aid & Account Liability Disclaimer

5.1 Medical aid is not a guarantee of payment
We may assist with submitting claims to your medical aid as a service, but:

Benefits are subject to your medical scheme rules and available funds
Authorisations and quotations are not guarantees of payment
Medical aids may reject or only partially pay claims for various reasons

5.2 Patient remains ultimately responsible
By receiving services or purchasing products from us, you acknowledge that:

You remain personally liable for all fees relating to consultations, procedures, lenses, frames and other products
You are responsible for any shortfalls, co-payments, rejections, or amounts not covered by your medical aid, for any reason
Where your medical aid fails to pay us, the outstanding balance becomes payable by you directly

Our pricing and billing policies are available from the practice and may change from time to time.

6. Payment Terms, Interest & Collections

Unless otherwise agreed in writing:

Payment is due on the date of service or on collection of goods
Accounts not settled within the agreed period may attract interest at a reasonable rate and/or in accordance with applicable legislation
We reserve the right to hand over overdue accounts to collection agencies or attorneys

By choosing to open an account or receive services on credit, you acknowledge and agree that:

You may be liable for collection charges, legal costs on an attorney-and-own-client scale, and disbursements incurred in recovering outstanding amounts
We may, where lawful, submit information about overdue accounts to registered credit bureaus

7. Prescriptions, Clinical Findings & Follow-Up

Spectacle and contact lens prescriptions are valid on the date of examination, based on clinical findings at that time
Vision and eye health can change; regular eye examinations are recommended as advised by your optometrist
If you choose not to follow recommended advice (for example referrals, further tests, or monitoring), we cannot be held liable for consequences arising from that decision
If you experience any discomfort, visual changes, or problems with your spectacles or contact lenses, you should contact the practice promptly so that we can assist

You are responsible for providing complete and accurate information about your medical history, medications, previous eye conditions, surgeries, systemic conditions, symptoms, and any other relevant details. Oogappel Optometry cannot be held liable for any outcomes or complications arising from the withholding or omission of information.

Clinical examinations, including screening tests and imaging, have inherent limitations. Some ocular or systemic conditions may not be detectable without further specialised testing or medical imaging. The absence of detected abnormalities does not guarantee the absence of disease.

You are responsible for attending follow-up appointments, monitoring visits, or additional tests recommended by the optometrist. The practice cannot be held responsible for deterioration or complications arising from missed follow-ups or delayed care.

8. Contact Lens Use & Risks

Where contact lenses are fitted or supplied:

Lenses are dispensed only after a valid fitting and clinical assessment
You must follow all hygiene, replacement and wearing instructions given by the optometrist
Sleeping in lenses, overwearing, poor hygiene, or using non-recommended solutions can lead to serious eye infections, inflammation, corneal damage and possible vision loss
You must contact us or seek urgent care immediately if you experience redness, pain, sudden blurred vision, light sensitivity or discharge while wearing lenses

Contact lenses carry known risks, including infection, inflammation, corneal damage, and potential vision loss. The practice is not responsible for complications arising from over-wearing, sleeping in lenses, poor hygiene, failure to replace lenses as advised, or use of lenses not supplied or approved by this practice.

We are not liable for complications resulting from failure to follow instructions, unsafe lens practices, or use of lenses obtained elsewhere without appropriate supervision.

9. Frames, Lenses, Warranties & Returns

Because lenses are made to your individual prescription and measurements:

Prescription lenses are custom-made and are therefore non-refundable
Manufacturer warranties (where applicable) cover manufacturing defects only
Warranties do not cover:
- Scratches
- Accidental damage, loss, or theft
- Damage due to misuse, improper care, or unauthorised adjustments
Frame adjustments are performed with care but at the patient’s own risk, especially on older, previously repaired, or fragile frames

Eyewear performance depends on accurate use and adaptation, and adaptation periods vary between individuals. While every effort is made to provide optimal outcomes according to clinical standards and measurements, no guarantee can be given regarding specific visual results or adaptation timelines.

10. Appointment Bookings, Late Arrivals & Cancellations

We value your time and ours. To help us run smoothly:

Please arrive a few minutes early to complete any forms if needed
Late arrival may require rescheduling
Appointments not cancelled or rescheduled within a reasonable period (for example 24 hours) may, at our discretion, be subject to a cancellation fee (where applicable)

11. Minors & Consent

Where the patient is a minor:

A parent or legal guardian should accompany the child for the examination, or provide valid written consent
By signing or booking on behalf of a minor, you confirm that you are authorised to consent to the examination and treatment of the minor
The responsible adult is liable for payment of the account

12. Marketing & Communication Consent

We may:

Send appointment reminders (SMS, WhatsApp, email or phone)
Share clinically relevant updates (for example reminders for follow-up visits)
Inform you of new products, frame ranges, promotions or practice news

You may opt out of marketing communication at any time by following the unsubscribe instructions or contacting the practice.

Operational messages (e.g. appointment reminders, account notices) may still be sent where necessary.

13. Use of Website, Cookies & Analytics

This website may use cookies and standard analytics tools to:

Improve user experience
Understand how the site is used (for example, pages visited and time spent)
Help us refine our services and marketing

You can manage cookie preferences through your browser settings. Continued use of the website implies consent to such processing, where required by law.

14. External Links

Our website may contain links to third-party websites or resources. These are provided for convenience and information only.

We do not control, endorse, or accept responsibility for the content, privacy practices, or security of third-party sites
Accessing third-party links is at your own risk

15. Intellectual Property

All content on this website – including text, graphics, logos, images, and design – is the property of Oogappel Optometry (unless otherwise indicated) and is protected by applicable intellectual property laws.

You may not copy, reproduce, or distribute website content for commercial purposes without prior written permission.

16. Limitation of Liability

While we take reasonable care to ensure that the information on this website is accurate and up to date:

We make no guarantees as to completeness, accuracy, or suitability of any information for your individual circumstances
To the fullest extent permitted by law, we are not liable for any loss, damage or injury arising from your use of this website, your reliance on any content, or your inability to access the site
Nothing in these terms excludes liability where such exclusion would be unlawful

Clinical liability for in-practice services is governed by South African law, HPCSA rules, and our professional indemnity frameworks.

While every effort is made to provide appropriate clinical care and eyewear solutions, no healthcare provider can guarantee specific clinical results, visual outcomes, or adaptation timelines. To the extent permitted by South African law, Oogappel Optometry, its optometrists and staff shall not be liable for any direct or indirect loss, injury, or damage arising from services rendered, products provided, or failure to follow clinical advice.

17. Premises Safety & Liability

You acknowledge that you enter and use the practice premises, facilities, furnishings, equipment and parking areas at your own risk. Oogappel Optometry, its owner, employees and representatives shall not be liable for any injury, harm, illness, loss, theft, damage or accident occurring on the premises or surrounding areas, except where such harm arises solely from proven gross negligence by the practice. This includes, but is not limited to, slips, falls, contact with equipment or fittings, environmental hazards, power-related incidents, or events caused by third parties.

Parents or guardians remain responsible for the safety and supervision of minors or dependants accompanying them to the practice. Oogappel Optometry is not liable for any harm or damage sustained by such individuals while on the premises, unless caused by proven gross negligence.

18. Clinical Procedures & Informed Consent

By booking or attending an appointment, you consent to undergoing diagnostic procedures deemed necessary by the optometrist, including but not limited to:

Refraction (assessment of prescription)
Intraocular pressure measurement
Pupil dilation (where clinically indicated)
Ocular imaging (such as retinal photography or OCT)
Contact lens trials and fittings

The nature, purpose and potential risks of these procedures will be explained where appropriate. You have the right to ask questions and to decline specific procedures, understanding that this may limit the completeness of the clinical assessment.

19. Right to Decline or Discontinue Services

We reserve the right to decline or discontinue services, prescriptions, or product dispensing where it is clinically inappropriate, unsafe, unethical, or in conflict with professional guidelines, HPCSA rules, or applicable legislation.

20. Changes to These Terms

We may update these terms, our privacy practices, or our policies from time to time to reflect changes in law, guidance, or our services. The most recent version will always be posted on this page and will apply from the date of publication.

21. Contact Details

If you have questions about these terms, your personal information, or any of the disclaimers above, you can contact us at:

Oogappel Optometry
Shop 15 Garsfontein Corner
649 Vercueil Street
Garsfontein
Pretoria
0042

Tel: 012 884 6055
Email: info@oogappeloptom.co.za