Website Terms of Use

Website Terms of Use

This website and the services offered through this website (“Site”) are provided by Medi-Eddie.

References to “we”, “us” and “our” are references to Medi-Eddie.

Acceptance of terms

Your use of this Site is governed by these Terms of Use, as updated by us from time to time. Please read these Terms of Use carefully before using this Site as they contain important information, including warranty disclaimers and limitations of liability.

You acknowledge and accept that by using this Site, you agree to be bound by these Terms of Use as updated by us from time to time, whether you are a ‘Visitor’ (which means that you simply browse our Site) or a ‘Member’ (which means that you have joined our health fund). The term ‘User’ refers to a Visitor or a Client.

If you do not agree with any of the terms contained in these Terms of Use, do not use this Site.

Liability

This Site is intended solely for use by South African residents who are eligible to purchase Medical Aid products. The materials on this Site have been prepared for general information purposes only. While we have taken reasonable care in compiling this Site, we are not responsible for any action taken by any person or organisation, wherever they are based, as a result, direct or otherwise, of information contained in or accessed through this Site whether such information is provided by us or by a third party. Nothing on this Site should be construed as the giving of advice or the making of any recommendation. This Site should not be relied upon in any way.

The information on this Site may not always be complete and up to date. To the extent permitted by law, we make no warranties, representations or give any undertakings whether express or implied about any of the content on this Site including (without limitation), the timeliness, currency, accuracy, completeness or fitness for any particular purpose of such content or that the results which may be obtained from the use of the Site will be error free or reliable. You agree that your access and use of this Site and its content is at your sole discretion and risk.

To the extent permitted by law, we and any party involved in creating, producing or delivering this Site will not, in any circumstance, be liable for any damages, loss (whether direct or consequential), costs or expenses of any kind arising out of, or referable to, the completeness, timeliness, currency, suitability or accuracy of anything on this Site, or the inability to use this Site, whether caused by our negligence or otherwise.

User Obligations

If you are a Client and have been issued with a username and password to access the online portal on this Site (“Online Portal Rights”), you acknowledge that your Online Portal Rights are personal to you and you must therefore not share your Online Portal Rights with any other person. You agree to keep the username and password secure and confidential and you agree to:

(a) notify us immediately upon becoming aware of any unauthorised disclosure or use of your username and/or password; and

(b) be liable for any loss or damage resulting from such unauthorised use or disclosure.

As a User of this Site, you undertake:

(a) to use this Site only in accordance with these Terms of Use;

(b) not to knowingly or recklessly contravene, in the course of using this Site, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;

(c) not to use this Site to make unauthorised attempts to access any of our systems or third party networks;

(d) not to use this Site to conduct any business or activity or solicit the performance of any activity that is prohibited by law;

(e) not to use this Site for the transmission or posting of any material such as data, text, software, images, audio and video, including links to that material (“Material”) which:

(i) is defamatory, offensive, or of an abusive, obscene or menacing nature; or

(ii) infringes third party rights; or

(iii) is misleading or deceptive;

(f) not to use this Site for the purpose of causing annoyance or inconvenience to any third party including to other Users;

(g) not to use this Site to:

(i) transmit, directly or indirectly, commercial electronic messages (as that term is defined in the ECT Act of South Africa and the CAN-SPAM Act of 2003 which are unsolicited (“Spam”) or bulk communications that include Spam; or

(ii) harvest information about our Users for the purpose of sending, or to facilitate the sending of, Spam;

(h) to inform us immediately of any claim or action against you for any use of this Site and, on request from us, to immediately cease the act complained of; and (i) to inform us immediately of any changes affecting your details stored in your online portal (such as your address). It is your obligation to ensure that your details stored in your online portal are kept up to date.

Material Posted By Users

Some of the services offered through this Site may allow you to submit, upload, post or transmit Material that may be accessed and viewed by others, including the internet audience in general. By submitting, posting or uploading Material you represent and warrant that you have rights to and are legally entitled to post that material on the internet.

You acknowledge that anything you post onto the Site may appear elsewhere on the internet and/or remain on the internet after you have ended your Online Portal Rights and you accept that while we provide various privacy controls, we cannot guarantee that your Material will not appear elsewhere, be copied, downloaded or used otherwise. <strong>If you are concerned about posting any personal and/or private content, you are advised to not use these services.</strong>

You are solely responsible for:

(i) the Material that you post, provide or transmit on or through the Site;

(ii) any Material that you transmit to other Users; and

(iii) your interaction with other Users.

We have not assumed, and do not assume, any obligation to monitor any Material posted on our Site. However, you acknowledge and agree that we reserve the right to review, reprint, modify, distribute, remove or delete any Material posted on our Site.

We do not control the Material posted by other Users and as such do not guarantee the accuracy, integrity or quality of such Material.

The opinions expressed by Users on the Site reflect solely the opinions of the individuals who submitted such opinions, and do not reflect our opinions. We are not responsible for the accuracy or reliability of information provided by Users. Any reliance on or use of any Material posted by other Users is at your own risk. Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on or use of any Material posted by Users on our Site.

By using our Site you understand and agree that you may be exposed to Material posted by other Users that may be offensive, indecent or objectionable. We will use reasonable efforts to remove any such Material from our Site should you notify us by email at <u>medmatters@gmail.com</u>. You acknowledge and agree that we are not liable for either the opinions or the behaviour of other Users, including any Material posted and any defamatory statements or offensive conduct.

Intellectual Property

Your Copyright

We do not claim ownership of any Material that you may post on the Site. However, you agree that by posting any Material on the Site, you grant us, our affiliates and distributors, a royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such content worldwide in any medium.

You may not post, provide, transmit, modify, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information belonging to others on or through our Site without obtaining the prior written consent of the owner of such proprietary rights.

Our copyright

The copyright in this Site, including, without limitation, in all documents, files, text, images, graphics, devices and code contained in it and in this Site’s general “look and feel” is owned, controlled or licensed by or to us. You are authorised to copy and print extracts or documents from this Site (except for any third party owned content which has been identified as such) for your non-commercial use only or to use such extracts or documents as permitted by the Copyright Act No. 98 of 1978, provided any such copy, print or other use retains all copyright or other proprietary notices and any disclaimer contained within them. Other than as specifically mentioned above, reproduction of part or all of the content of this Site in any form, including framing, creating any derivative works based on this Site or its content, incorporation into other Sites, electronic retrieval systems or publications is prohibited. No links to this Site may be included in any other Site without our prior written permission.

We cannot guarantee that you have any right to use third party owned content which is available on this Site and you must obtain permission from the third party owner before using or downloading such content. Content which is copyright protected may not be changed (except as permitted by the Copyright Act No. 98 of 1978 nor may any author attribution notice or copyright notice appearing on such content be altered without first obtaining the appropriate consents.

Except for the limited permission set out above, nothing on this Site should be construed as granting any other right or licence.

Third Party Websites and Content

This Site may contain third party owned content (e.g. articles or data feeds) and may also include hypertext links to third party owned websites. We provide such third party content and links as a courtesy to Users (and subject to the terms set out above under the heading Copyright). We have no control over any third party owned websites or content referred to, accessed by, or otherwise available on this Site and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party websites or content, or for the availability of such websites. In particular (but without limitation), we do not accept any liability arising out of any allegation that use or other exploitation of any third party owned content (whether published on this Site or any other website) infringes the intellectual property rights of any person or any liability arising out of the use of or reliance on any information or opinion contained on or in, or an omission from, such third party website or content.

Privacy

All personal information submitted to us through the Site will be dealt with in accordance with the terms of our Privacy Policy.

Indemnity

You agree to defend, indemnify and hold us (including our directors, officers and employees) harmless from any and all liability, cost and expense, including reasonable legal fees, relating to:

(a) any breach of these Terms of Use by you; or

(b) to the extent permitted by law, your use of this Site;or

(c) your violation of any rights (including intellectual property rights) of a third party.

Changes To This Site

We reserve the right to change any part of this Site or these Terms of Use at any time without notice. Any changes to these terms and conditions shall take effect from the next time you access this Site. You are responsible for checking these Terms of Use regularly for changes. Notwithstanding the above, we are not obliged to keep this Site up to date, or to correct any inaccuracy on the Site that may become apparent at a later time.

We may, in our sole discretion, terminate or suspend your access to all or any part of this Site for any reason.

Governing Law

These terms and conditions are governed by and must be construed according to the law applying in South Africa. By visiting and using this Site, you unconditionally submit to the jurisdiction of the courts in South Africa.

Code of Conduct

Medi-Eddie is brought to you under license of Flagstone Risk Consultants CC, proud to be a compliant member of the FSB and Council for Medical Schemes. The Code of Conduct is designed to help you by providing clear information and transparency in your relationships with health insurers. The Code covers four main areas of conduct in private health insurance ensuring:

(i) You receive the correct information on private health insurance from appropriately trained staff;

(ii) You are aware of the internal and external dispute resolution procedures with Medi-Eddie and Flagstone Risk Consultants CC;

(iii) Policy documentation contains all the information you require to make a fully informed decision about your purchase and all communications between you and Medi-Eddie are conducted in a way that ensures appropriate information flows between the parties; and

(iv) All information between you and Medi-Eddie is protected in accordance with national and state privacy.

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