These Terms of Service (“Terms”) govern your access to and use of the services we provide, including our various websites, SMSs, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

We value privacy, security and personal information and are well aware that the trust you as the user have in the services we provide depends a lot on the way we handle and protect your personal information. This document details our policy and commitments with respect to your personal information and our relationship with each other.

1. Who May Use the Services

You may only use the Services if you agree to form a binding contract with Fedhealth Medical Aid Scheme and are not a person barred from receiving services by the laws of the applicable jurisdiction. In any case, you must be at least 18 years old, or the age applicable for consent under the laws of the applicable jurisdiction to use the Services. ‘You’ refers to any user of the platform, including “community members”.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

These terms and conditions are in addition to any other general terms and conditions which may be applicable to a user utilizing any part of the app. In the event of a conflict between any other general terms and conditions and these terms and conditions, these app terms and conditions will prevail.

2. The definitions of the words in this document

"Services" means our various websites, SMSs, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms.

“Content” means any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services.

"Processing of information" means the automated or manual collection, recording, organising, storing, updating, distributing and removing or deleting of personal information.

"Personal information" means information relating to you or any other living person or existing legal entity, this information can be directly associated with the person or legal entity including but not limited to:

Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
Information relating to the education or the medical, financial, criminal or employment history of the person;
Any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and
The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person, provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.

3. Content on the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.

4. Using the Services

You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.

While you may make use of some of the functionality we provide without registration, full use of the App and certain tools of the platform require registration. If you choose to register with us, you will be asked to provide Personal and may also be asked to input personal Health Information. It is your voluntary decision whether to provide us with any such Personal Information or Health Information, but if you opt not to provide such information we may not be able to register you to use the platform or your use of the platform may be limited.

During your use of the platform, you may choose to access certain features of the platform that will prompt you to input further personal information required to make the user experience more useful or to enable the functionality associated with the feature you have chosen to access. This is also voluntary, but opting not to enter further information may result in limited use of the functionality associated with the feature you are hoping to access.

You may add users to your community to assist them with managing their health using the platform. To add a community member they must provide consent to enable you to add them. By requesting to add a community member, you represent that you have the right to contact the community member and that they consent to our sending Personal Information about them to you. Sharing of Personal Information in this manner is solely the responsibility of the user and the community member.

You may use the platform to share your Personal Information or other information with your doctor or healthcare service providers, such sharing of information is voluntary and the sole responsibility of the user sharing the information. By opting to share information you consent to us sending information about you to the chosen healthcare service provider.

In consideration for Fedhealth granting you access to and use of the Services, you agree that Fedhealth and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.

You may not do any of the following while accessing or using the Services:

Access, tamper with, or use non-public areas of the Services, Fedhealth's computer systems, or the technical delivery systems of Fedhealth’s providers;
Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Fedhealth (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Fedhealth;
Scrape the Services without the prior consent of Fedhealth - this is expressly prohibited);
Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

Satisfy any applicable law, regulation, legal process or governmental request,
Enforce the Terms, including investigation of potential violations hereof,
Detect, prevent, or otherwise address fraud, security or technical issues,
Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and
Respond to user support requests, or
Protect the rights, property or safety of Fedhealth, its users and the public.

Fedhealth does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

Your Account

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.

If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

If you use and/or access the platform on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, we shall not be responsible for the security of your data, including your Personal Information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.

You may not provide access to or use the platform or Content thereof for the benefit of third parties or make commercial use of the platform or related Content, but you may use the Application for your personal use subject to this Agreement.

Each time you access the Services, you will need to enter the correct access information, or you will be required to take verification steps, to verify your identity and the electronic device. Should you fail to authenticate yourself on the Site, access will be denied, and you will have to follow such applicable steps as may be prescribed by Fedhealth from time to time to re-activate your access.

You should never share your login information with anyone. If you do so you put yourself and your personal and medical information at risk, and we shall bear no responsibility for any harm suffered by you as a result. If you, provide any third party with your login details to enable such a person to access your information on the Site, this will constitute authority by you to such a person to act as your agent and this means that anything that the person does or does not do will be attributed to you, and shall be lawfully binding on you.

Your License to Use the Services

Fedhealth gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Fedhealth, in the manner permitted by these Terms.

The Services are protected by copyright, trademark, and other laws of both the South Africa and foreign countries. Nothing in the Terms gives you a right to use the Fedhealth name or any of the Fedhealth trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Fedhealth and its licensors.

Any feedback, comments, or suggestions you may provide regarding Fedhealth, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Ending These Terms

You may end your legal agreement with Fedhealth at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:

You have violated these Terms or rules
You create risk or possible legal exposure for us
Your account should be removed due to unlawful conduct
Your account should be removed due to prolonged inactivity
Our provision of the Services to you is no longer commercially viable.

We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. If you believe your account was terminated in error you can file an appeal to have your account re-instated.

Limitations of Liability

By using the Services you agree that Fedhealth, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.

General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account.

By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Fedhealth's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Automatic Data Collection

We collect information about your use of our platform:

IP address, type of device you use, language of your operating system, the Internet browser you are using, geo-location and how you use of the site through the use of various technologies, such as cookies, web beacons and navigational data collection.

We collect information about your use of our app:

When install our App, we assign a unique number to your installation. We do not use this number to identify you personally unless you choose to become a registered user of the App. Because the random number is assigned to your installation of the App itself, it cannot be removed through the settings of your App or your device.

The App may automatically collect certain information about you when you use the App, such as the type of device you use, your device’s operating system and the language of your operating system. We collect such information in order to facilitate use and ensure technical functioning of the App, dynamically generate and deliver targeted content, statistically monitor usage of the App, and improve the overall quality of our users’ experiences.

The App collects image data to enable functionality such as: updating your profile picture and uploading claims and authorisations. These are not used for other purposes other than the outlined.

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Aggregated Data

We may analyse all information we receive and/or combine your Personal Information, including Health Information and information regarding your use of the Application, with information from other users to create aggregated data that may be disclosed to and utilized by us, our affiliates and by third parties without restriction, on commercial terms that we can determine in our sole discretion for purposes of content marketing, for research purposes, in order to understand behaviour patterns and in order to increase adherence to medication regimens.

We also use a tool called “Google Analytics” to collect information about the use of the Application. Google Analytics collects information such as how often users visit the Application, what pages they visit when they do so, and what other sites they used prior to coming to the Application.

Children

Our Application is intended for use by persons 18 years of age and older. Under no circumstances should the Application be used by children under 14 years of age, and we will not knowingly collect Personal Information from any person we know to be in this age group. If you are using the Application for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our Privacy Policy.

If you discover that your child has been using the Application without your consent, or that someone has been using the Application for or on behalf of your child without your consent, please contact us and we will take reasonable steps to delete the child’s information from our active databases.

Fees and Billing

We may at our discretion offer various subscription services and in-app purchases and you may choose to subscribe for the same.

Customer service and Support

We do not warrant or guarantee that the Application will function with your mobile or computing device or be compatible with the hardware or software on any particular devices.Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application.

We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Application, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.

Disclaimers

Your use of any aspect of the platform is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice. We cannot and do not accept any liability in respect of any activities that you may undertake through using the platform.Information regarding medications, health, medical advice and otherwise may be provided by third parties, including other users of the application. We cannot accept any liability whatsoever in respect of any content which is provided by third parties and/or any other users of the application.

Any actions you take based on content, notifications and otherwise provided by the application are taken at your sole risk and we will not accept any liability in respect thereof.

To the maximum extent permitted by applicable law, the application is provided on an “as is” and “as available” basis. You acknowledge that your use of the application is at your sole risk.

Health information must be integrated by healthcare providers into the general clinical record for individuals under their supervision and correlated with other clinical data as required by professional standards in customer’s discipline. Use of data accessed by means of the application, as well as treatment decisions based on such information are the sole responsibility of the healthcare provider and we assume no liability in respect thereof.

Certain modules within the platform provide a customizable notification and reminder system that can for example remind the user of an appointment or medication dose. It is important to note that platform may under certain conditions not function as expected – specific examples include if the device is powered off, has no data connectivity or has a component that is broken or malfunctioning. For this reason it is important not to rely on the platform as your only source of reminder.

Whilst every effort is made to provide a reliable service we are not responsible or liable for any claim, loss or damage arising from the use of the platform.

The user or their community member is also responsible for programming the alerts and reminders contained in the platform. It is important to note that the user is solely responsible for ensuring that the correct medication is taken at the correct time and in the correct quantity.

All Content is provided for informational purposes only. No Content, including that provided by other users of the Application, is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment. The platform does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions or drugs or medications and before commencing or discontinuing any course of treatment, drug or medication. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of any information you have received or obtained through the use of the platform.

For booking related services, by making a reservation with a Supplier, you accept and agree to the relevant cancellation and no-show policy of that Supplier, and to any additional (delivery) terms and conditions of the Supplier that may apply to your booking. We are a conduit through which your reservation can be transmitted to the relevant service provider, however we cannot accept responsibility for the conduct or standard of service exhibited by the provider.

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These Terms of Service (“Terms”) govern your access to and use of the services we provide, including our various websites, SMSs, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

We value privacy, security and personal information and are well aware that the trust you as the user have in the services we provide depends a lot on the way we handle and protect your personal information. This document details our policy and commitments with respect to your personal information and our relationship with each other.

1. Who May Use the Services

You may only use the Services if you agree to form a binding contract with Fedhealth Medical Aid Scheme and are not a person barred from receiving services by the laws of the applicable jurisdiction. In any case, you must be at least 18 years old, or the age applicable for consent under the laws of the applicable jurisdiction to use the Services. ‘You’ refers to any user of the platform, including “community members”.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

These terms and conditions are in addition to any other general terms and conditions which may be applicable to a user utilizing any part of the app. In the event of a conflict between any other general terms and conditions and these terms and conditions, these app terms and conditions will prevail.

2. The definitions of the words in this document

"Services" means our various websites, SMSs, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms.

“Content” means any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services.

"Processing of information" means the automated or manual collection, recording, organising, storing, updating, distributing and removing or deleting of personal information.

"Personal information" means information relating to you or any other living person or existing legal entity, this information can be directly associated with the person or legal entity including but not limited to:

Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
Information relating to the education or the medical, financial, criminal or employment history of the person;
Any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and
The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person, provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.

3. Content on the Services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.

4. Using the Services

You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.

While you may make use of some of the functionality we provide without registration, full use of the App and certain tools of the platform require registration. If you choose to register with us, you will be asked to provide Personal and may also be asked to input personal Health Information. It is your voluntary decision whether to provide us with any such Personal Information or Health Information, but if you opt not to provide such information we may not be able to register you to use the platform or your use of the platform may be limited.

During your use of the platform, you may choose to access certain features of the platform that will prompt you to input further personal information required to make the user experience more useful or to enable the functionality associated with the feature you have chosen to access. This is also voluntary, but opting not to enter further information may result in limited use of the functionality associated with the feature you are hoping to access.

You may add users to your community to assist them with managing their health using the platform. To add a community member they must provide consent to enable you to add them. By requesting to add a community member, you represent that you have the right to contact the community member and that they consent to our sending Personal Information about them to you. Sharing of Personal Information in this manner is solely the responsibility of the user and the community member.

You may use the platform to share your Personal Information or other information with your doctor or healthcare service providers, such sharing of information is voluntary and the sole responsibility of the user sharing the information. By opting to share information you consent to us sending information about you to the chosen healthcare service provider.

In consideration for Fedhealth granting you access to and use of the Services, you agree that Fedhealth and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.

You may not do any of the following while accessing or using the Services:

Access, tamper with, or use non-public areas of the Services, Fedhealth's computer systems, or the technical delivery systems of Fedhealth’s providers;
Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Fedhealth (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Fedhealth;
Scrape the Services without the prior consent of Fedhealth - this is expressly prohibited);
Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

Satisfy any applicable law, regulation, legal process or governmental request,
Enforce the Terms, including investigation of potential violations hereof,
Detect, prevent, or otherwise address fraud, security or technical issues,
Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and
Respond to user support requests, or
Protect the rights, property or safety of Fedhealth, its users and the public.

Fedhealth does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

Your Account

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.

If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

If you use and/or access the platform on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, we shall not be responsible for the security of your data, including your Personal Information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.

You may not provide access to or use the platform or Content thereof for the benefit of third parties or make commercial use of the platform or related Content, but you may use the Application for your personal use subject to this Agreement.

Each time you access the Services, you will need to enter the correct access information, or you will be required to take verification steps, to verify your identity and the electronic device. Should you fail to authenticate yourself on the Site, access will be denied, and you will have to follow such applicable steps as may be prescribed by Fedhealth from time to time to re-activate your access.

You should never share your login information with anyone. If you do so you put yourself and your personal and medical information at risk, and we shall bear no responsibility for any harm suffered by you as a result. If you, provide any third party with your login details to enable such a person to access your information on the Site, this will constitute authority by you to such a person to act as your agent and this means that anything that the person does or does not do will be attributed to you, and shall be lawfully binding on you.

Your License to Use the Services

Fedhealth gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Fedhealth, in the manner permitted by these Terms.

The Services are protected by copyright, trademark, and other laws of both the South Africa and foreign countries. Nothing in the Terms gives you a right to use the Fedhealth name or any of the Fedhealth trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Fedhealth and its licensors.

Any feedback, comments, or suggestions you may provide regarding Fedhealth, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Ending These Terms

You may end your legal agreement with Fedhealth at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:

You have violated these Terms or rules
You create risk or possible legal exposure for us
Your account should be removed due to unlawful conduct
Your account should be removed due to prolonged inactivity
Our provision of the Services to you is no longer commercially viable.