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 medihelp disclaimer

1. Definitions
  • "Consumer Protection Act”means the Consumer Protection Act, No 68 of 2008;
  • "Consumer”, in respect of any particular goods or services, means –
    • a person to whom those particular goods or services are marketed in the ordinary course of the supplier’s business;
    • a person who has entered into a transaction with a supplier in the ordinary course of the supplier’s business, unless the transaction is exempt from the application of this Act by section 5(2) or in terms of section 5(3) of the Consumer Protection Act; and
    • if the context so requires or permits, a user of those particular goods or a recipient or beneficiary of those particular services, irrespective of whether that user, recipient or beneficiary was a party to a transaction concerning the supply of those particular goods or services;
  • "Content" - Including, but not limited to, software and material;
  • "Forums" - Including, but not limited to, bulletin boards, chat rooms and other public areas found on the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za; in this agreement, unless it appears to the contrary, the singular shall include the plural and vice versa, any reference to any gender shall also include the opposite gender, and any reference to a natural person shall include a legal person and vice versa;
  • "Harm"means harm, as described in section 61(5) of the Consumer Protection Act;1
  • "Material" - Including, but not limited to, text, submissions, images, audio and/or video in whole or in part;
  • "Service"includes, but is not limited to:
    • any work or undertaking performed by one person for the direct or indirect benefit of another;
    • the provision of any education, information, advice or consultation, except advice that is subject to regulation in terms of the Financial Advisory and Intermediary Services Act, No 37 of 2002;
    • any banking services, or related or similar financial services, or the undertaking, underwriting or assumption of any risk by one person on behalf of another, except to the extent that any such service:
      • constitutes advice or intermediary services that is subject to regulation in terms of the Financial Advisory and Intermediary Services Act, No 37 of 2002; or
      • is regulated in terms of the Long-term Insurance Act, No 52 of 1998, or the Short-term Insurance Act, No 53 of 1998;
    • the transportation of an individual or any goods;
    • the provision of:
      • any accommodation or sustenance;
      • any entertainment or similar intangible product or access to any such entertainment or intangible product;
      • access to any electronic communication infrastructure;
      • access, or of a right of access, to an event or to any premises, activity or facility;
      irrespective of whether the person promoting, offering or providing the services participates in, supervises or engages directly or indirectly in the service;
  • "Service provider” means a person who promotes, supplies or offers to supply any service.
  • "Software"– Including, but not limited to, any images or files incorporated in or generated by the software or data accompanying such software;
  • "Submissions"– Including, but not limited to, notes, images, creative materials, ideas, suggestions, concepts and communication, including any data, questions, comments and other information submitted to the www.medihelp.co.za or https://toolbox.medihelp.co.za via transmission by electronic mail or otherwise;
  • "The www.medihelp.co.za or https://toolbox.medihelp.co.za site" – This website, its sponsors, affiliates and creators;
  • "User"– A person who uses and/or accesses computer software and/or material via the www.medihelp.co.za or https://toolbox.medihelp.co.za website.
  • Unless a contrary intention clearly appears, the terms used in this indemnity shall have the meanings assigned to them in section 1 or section 53, as the case may be, of the Consumer Protection Act2.

1 Harm for which a person may be held liable in terms of section 61 of the Consumer Protection Act includes:
“(a) the death of, or injury to, any natural person;
(b) an illness of any natural person;
(c) any loss of, or physical damage to, any property, irrespective of whether it is movable or immovable;
(d) any economic loss that results from any harm contemplated in paragraph (a), (b) or (c).”

2. Indemnity in relation to the Consumer Protection Act, No 68 of 2008
  • It is recorded that in terms of an existing agreement between the parties, the service provider supplies services to the consumer.
  • The parties acknowledge that in terms of section 61 of the Consumer Protection Act, the producer, importer, distributor, retailer, and/or supplier, may be jointly and severally liable for any harm caused wholly or partly as a consequence of:
    • supplying any unsafe goods; or
    • a product failure, defect or hazard in any goods; or
    • inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from or associated with the use of any goods,
    • irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor, retailer or supplier, as the case may be.
  • Each party (“indemnifying party”) hereby indemnifies and holds harmless the other party from and against any and all claims, actions, liabilities, damages, costs and expenses asserted against, imposed upon or incurred by such other party as a result of or arising out of any harm alleged or proven by the Consumer himself or herself, or other person contemplated in section 4(1) of the Consumer Protection Act, to the extent such harm is attributable to the negligent or intentional conduct of the indemnifying party or any contravention by the indemnifying party of any applicable law.

2 An authorised person acting on behalf of another person who cannot act in his or her own name; a person acting as a member of, or in the interest of, a group or class of affected persons; a person acting in the public interest, with leave of the Tribunal or court, as the case may be; or an association acting in the interests of its members.

3. Trade mark/copyright and restrictions on use
  • The site consists of content which is derived entirely or in part from content supplied by the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site and other sources. The content is protected under applicable South African copyright and trade mark laws, international trade mark and copyright laws and conventions.
  • The user may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disable, display, or distribute or in any way exploit any of the contents, except in so far that the user may download one copy of the content on any single computer for the user's personal, non-commercial home use only; provided that all propriety notices and restrictions attached onto the content are kept intact, unless expressly permitted by the site, or unless prior written consent has been obtained from the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site. Requests for permission regarding any issue relating to the contents which fall within the ambit of the limitations stated above, can be submitted to the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site contact person listed.
  • The user is also strictly prohibited from creating works and/or software and materials derived from or which are based on the contents found on this site. The prohibition applies regardless of whether the content is sold, negotiated or given away and/or further alienated in any manner whatsoever
4. Access and availability of service and links
  • The www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site contains links to other related World Wide Web Internet sites. No inference can be made or representation implied that the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site is connected with, operates or controls these linked websites. Whether or not these linked sites are in fact affiliated with the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site, the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site is not responsible for the content on the aforesaid sites. The linked sites are for the user's convenience only and the user's access thereto is at the user's own risk.
  • When visiting linked sites, the user must refer to that linked site's individual terms of use and cannot rely on the terms of this agreement.
5. Submissions / bulletin boards
  • Any submissions shall be deemed to be and remain the exclusive property of the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site. The various forums’ content, which is found on the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site, shall be deemed to remain the exclusive property of the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site.
  • The www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site has the right, but not the obligation, to monitor and review submissions submitted by users to the forums. The www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site shall not be responsible for any of the content of these messages. The www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site further reserves the right to delete, move or edit submissions that the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any copyright or trade mark laws or otherwise objectionable.
6. Rules of conduct for the user
  • The user agrees that he will not transmit submissions to the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site that:
    • Use any of the forums for illegal purposes;
    • Are for spamming purposes;
    • Restrict or inhibit any other user from using and enjoying the forums;
    • Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane, pornographic and/or allow for indecent information that constitute a criminal offence and/or give rise to a civil liability claim or otherwise violate any local, national or international law;
    • Violate the copyright, trade mark or other intellectual property rights of any other person by the submission of the content to the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site through the forums or other avenues which allow for such submissions. The users, by the transmission of content in any manner whatsoever, represent to the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site that they are the rightful owners of such content transmitted or that they have obtained permission from the rightful owners to submit such content transmitted;
    • Contain viruses or other harmful contents;
    • Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations. The user agrees that all submissions become the exclusive property of the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site. The user agrees that he shall be solely liable for any damage resulting from any infringement of copyrights, trademarks and other proprietary rights or any other damages resulting from such a submission. The user further indemnifies and holds the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site harmless against all claims for any damages whatsoever arising from the use of the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site.
  • All users must comply with the terms of use of any platform that is provided by the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site for use by its users (i.e. Facebook & Twitter). Users must stick to the topic and the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site reserves the right to delete anything that does not adhere to the terms of use.
7. Damages and indemnity
  • The user expressly agrees that the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site is used at the user’s sole risk. The www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site does not guarantee or warrant:
    • that the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site sites will be uninterrupted;
    • that the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site will be defect free and that defects will be corrected. The www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site reserves the right to correct any errors or omissions in any portion of its website in its sole discretion, without any prior notice to any user whether via this site or otherwise
    • the results that may be obtained from the use or application of information obtained from the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site in so far as the accuracy and content of any such information is concerned;
    • any merchandise advertised through the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site;
    • that the website, any tools (such as calculators), software, advice, opinions, statements, information, content or online services will be error free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. The user acknowledges that any reliance placed upon any such tools, software, advice, opinions, statements or information shall be at his own risk. Calculators supplied are for indicative purposes only and no responsibility is taken for any inaccuracies or miscalculations;
    • that information, ideas and opinions expressed on the site should be regarded as professional advice or an official opinion, and users are therefore strongly advised to seek professional advice before taking any course of action related thereto;
    • that results of health tests should be regarded as a definitive diagnosis of confirmation that a user may be suffering from any of the conditions described; please consult a doctor for a proper diagnosis;
    • that a summary of benefits provided is definitive. Please refer to product brochures for detailed benefits. In the event of a dispute, the registered Rules of Medihelp will apply. Information on network providers may change on short notice, and no responsibility is taken for incorrect information provided.
    • that treatment for any of the conditions described will be covered by the Scheme or will qualify for benefits in terms of the rules of a user’s particular benefit option; and
    • that a summary of benefits provided is definitive. Please refer to product brochures for detailed benefits. In the event of a dispute, the registered Rules of Medihelp will apply. Information on network providers may change on short notice, and no responsibility is taken for incorrect information provided.
  • This site is provided "as is" and on an "as available" basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility.
  • The user acknowledges and confirms the swww.medihelp.co.za’ site indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site. The user acknowledges that the provisions of this paragraph shall apply to all the contents of the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site.
  • The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from the use of or loss of use of data or of profits, whether in breach of contract, delictual action, negligence, or under any other cause of action.
  • If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to that extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
8. General
  • This agreement, the terms, conditions and operating rules for the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site constitute the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising therefrom shall be exclusively subject to the jurisdiction of the courts and/or tribunals of the Republic of South Africa. The section headings used herein are for convenience only and shall be of no legal consequence.
  • The www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site may at any time revise these terms and conditions by updating the postings. The user is bound by such revisions and should therefore periodically visit this agreement to review the current terms and conditions to which the user is bound.
  • The www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site shall have the exclusive right to change or discontinue any aspect or feature of the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site at any time.
9. Agreement, termination of agreement and liability
  • The use of or access to this site constitutes the user's acceptance of the terms and conditions hereof, which are binding on the user and take effect on the date when the user first makes use of or accesses the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site.
  • If the user does not accept all the terms and conditions in full, the user must exit the site immediately. The www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site has the exclusive discretion to terminate the agreement at any time.
  • After the user has exited the site as contemplated above, the user must destroy all content, whether materials or software, obtained from the site and all copies thereof.
  • In the event of the user failing to exit the site as contemplated above, the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site has the right to claim any indirect, direct, incidental, special or punitive damages caused to the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site by the user's unauthorised access and/or use of the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site. The user further indemnifies the www.medihelp.co.za or https://toolbox.medihelp.co.za or www.corporate-online.medihelp.co.za site against any claims for damages of whatsoever nature instituted by another party as a result of the user's unauthorised use and/or access of the sites.

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