User Agreement
YOU WILL FIND THE USER AGREEMENT, GENERAL TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY AND THE COMMUNITY GUIDELINES IN THIS DOCUMENT
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE.
A. General Terms and Conditions of Use
1. Definitions
1.1. In this user agreement, the terms below have the following meanings:
1.1.1. "Discovery Apps" means any online application software that is provided by or is connected with Discovery that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
1.1.2. "We", "us", "our" means Anglo Medical Scheme,
1.1.3. "Website, "site"" means the internet websites with the address www.angloms.co.za or any website with a URL that is validly registered to Discovery.
1.1.4. "You" and "your" means the user of the Site and / or your legal guardian.
2. Conditions of Access
2.1. Your access to, and use of, the Site is subject always to the community guidelines and terms and conditions set out in this user agreement.
2.2. To avoid any confusion, you agree these terms and conditions applies to your use of:
2.2.1. The website;
2.2.2. Any third-party website or mobile application licensed to us;
Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site. Your cell phone provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (such as data charges, sms charges). Anglo Medical Scheme cannot be held responsible for these charges.
3. Your Acceptance and Consent
3.1. By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Site.
3.2. You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.
4. Changes to this User Agreement
4.1. We may change the terms and conditions of this user agreement from time to time. We recommend that you familiarise yourself with this user agreement regularly.
4.2. The current version of this user agreement will apply each time that you access and use the Site.
5. Your account
5.1. If you use the Site, you must keep your access details (including, your username and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your username and password. You are only permitted to use one account. If you use more than one account, we could delete all access.
5.2. You warrant your identity (in other words, you are who you say you are) and that you can prove your identity should we require you to do so.
5.3. Anglo Medical Scheme may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
5.4. You agree that the following actions shall be material breaches of these terms and conditions:
5.4.1. Signing in as, or pretending to be, another person;
5.4.2. Transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others
5.4.3. Using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or
5.4.4. Gathering information about others without obtaining their prior written consent.
5.5. You also agree that any use of your access details shall be regarded as if you were the person using such information.
6. Full disclosure of all relevant facts and benefit entitlement
6.1. Anglo Medical Scheme might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.
6.2. You guarantee that all information provided by you at any time to Anglo Medical Scheme on or via the Site, will be true, accurate, current and correct and you undertake to update the information as and when required.
6.3. You guarantee that you have fully disclosed all facts, and agree that this user agreement or any transactions related to this user agreement will be void if you do not meet this requirement.
7. Electronic communication and records
7.1. When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.
7.2. Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by Discovery.
7.3. If you are a registered user of the Website, you will receive communications from us via e-mail. If you do not want to receive e-mails from Anglo Medical Scheme, you may change the way you receive your communication on the website, or you can phone our contact centre.
7.4. Anglo Medical Scheme takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.
7.5. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.
8. Copyright
8.1. All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to Anglo Medical Scheme, unless we expressly state that it is not and is protected by South African and international law. In addition, the compilation of all content on the Site is the exclusive property of Anglo Medical Scheme and is protected by South African and international copyright laws.
8.2. Except if permitted under this or another agreement with Anglo Medical Scheme no portion of the Site may be copied or transmitted via any means available now or in the future.
8.3. Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.
8.4. You agree that if you breach the terms of this clause 8, Anglo Medical Scheme will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. Anglo Medical Scheme will also be allowed to claim for loss of profits and loss of business and will to recover all legal costs on a scale as between attorney and own client.
8.5. Nothing on the Site should be regarded as granting any licence or right to use any trademark without Anglo Medical Scheme's prior written permission and/or that of any third party.
8.6. Anglo Medical Scheme tries to ensure that the most sophisticated technology protects the information on the Site. However, Anglo Medical Scheme cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
9. Disclaimer
9.1. The Site and all information, content, tools and materials are provided by Anglo Medical Scheme on an "as is" and "and available" basis, unless we inform you in writing.
9.2. Anglo Medical Scheme does not guarantee the operation of the Site or the information, content, tools or materials on the Site. You agree that you use the Site at your own risk.
9.3. Anglo Medical Scheme does not guarantee that (I) the Site; (ii) the information, content, tools or materials included on the Site; (iii) the Anglo Medical Scheme servers; or (iv) that any electronic communications sent by us are free from viruses or other harmful components. Anglo Medical Scheme will not be liable for any damages of any kind arising from your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.
9.4. We are fully committed to providing you with the best possible service. However, we are not responsible for:
9.4.1. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of Discovery; or
9.4.2. Any inaccurate, incomplete or inadequate information obtained from the Site supplied by you.
9.5. Neither will we be responsible for any direct or indirect loss or damages that may arise from:
9.5.1. Any of the events described in this paragraph or the paragraphs above
9.5.2. Your actions or omissions that result in a breach of this user agreement;
9.5.3. Any links to other websites from the Site. You also acknowledge that we cannot control the content of, or the products offered on those websites;
9.5.4. a denial of access to the website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or put Anglo Medical Scheme in disrepute; or
9.5.5. Your reliance on any of the information, content, tools or materials that you obtain from the Site.
9.6. It is very important that you acknowledge and understand that the information included on the Site should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002.
9.7. To the extent that clinical information may be provided on the Site, it is based on best practice and on current recommendations and guidelines. These obviously change from time to time. The information provided should by no means replace the advice of a registered healthcare provider. You should not discontinue any treatment you may be receiving on the basis of information reflected on this site without first consulting your healthcare provider. You should also seek professional advice immediately should any symptoms you may be experiencing persist.
10. Phishing and spoofing
10.1. If you receive an unsolicited e-mail that appears to be from Anglo Medical Scheme and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your Anglo Medical Scheme information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer."
10.2. Anglo Medical Scheme will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to "phishing" places you and your personal information at risk. Anglo Medical Scheme cannot be responsible for any consequences resulting from your response to any email sent by a "phisher" or a "spoofer".
11. Linking to third party websites
11.1. The Website may contain certain images and links to other third-party websites with information, content or material produced by other parties. These linked third party websites are not under the control of Anglo Medical Scheme and Anglo Medical Scheme is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.
11.2. Anglo Medical Scheme is providing these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by Anglo Medical Scheme of the linked website, their business or security practices, or any association with its operators.
12. Applicable law
12.1. By accessing and using the Site, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
13. General Provisions
13.1. The headings of the clauses in this user agreement are provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.
13.2. If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.
13.3. No failure or delay by Anglo Medical Scheme to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.
B. Privacy Policy
This privacy policy is complimentary to, and should be read and understood together with; the general terms and conditions of use set out in Section A above.
1. The General Principles of our Privacy Policy
1.1. This privacy policy covers how we treat your personal information collected electronically when you use the Site, register or apply online for any Anglo Medical Scheme products or services, or when you contact Anglo Medical Scheme electronically.
1.2. Anglo Medical Scheme respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.
1.3. When dealing with your personal information we apply the following:
1.3.1. Anglo Medical Scheme will only disclose, collate and process ("use") your personal information with your express written permission unless we are legally required to do so.
1.3.2. Anglo Medical Scheme will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give Anglo Medical Scheme your express written permission to do so, or unless Anglo Medical Scheme is permitted or required to do so by law
1.4. By using the Site, registering or applying online for any Anglo Medical Scheme products or services, or contacting Anglo Medical Scheme electronically, you provide Anglo Medical Scheme with your express written permission to share your personal information within the Anglo Medical Scheme Group of Companies, in the ordinary course of Anglo Medical Scheme′s business, including for purposes of providing you with the relevant products and services. You may revoke this consent in writing at any time.
2. What do we mean by Personal Information
2.1. Personal information refers to information that identifies or relates specifically to you, for example, your name, age and identity number or any information you use to register for the website.
3. How we collect your Personal Information
3.1. Whenever you use the Site, complete an application form, contact Anglo Medical Scheme electronically, or use one of the products, services, facilities, tools or utilities offered by Anglo Medical Scheme on the Site, Anglo Medical Scheme will collect your personal information.
4. Why we collect and use Personal Information
4.1. In order to make your use of the Site and the products, services, facilities, tools or utilities offered on the Site as informative and successful as possible, it is necessary for Anglo Medical Scheme to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why Anglo Medical Scheme would collect your personal information:
4.1.1. For Anglo Medical Scheme to process your instructions or requests; or
4.1.2. For Anglo Medical Scheme to ensure that we meet your needs, Anglo Medical Scheme may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs; or
4.1.3. To conduct market research; or
4.1.4. To conduct academic research. This research is conducted to evaluate and improve Anglo Medical Scheme's product offerings. You are advised that information may be shared with third parties such as academics and researchers. All information collected for research purposes will be kept strictly confidential and all data will be depersonalised. No personal information will be made available to a third party without your written consent. If we publish the results of this research, you will not be identified by name.
4.2. Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given Anglo Medical Scheme your consent you no longer wish Anglo Medical Scheme to use or share your personal information, you may at any stage withdraw your consent.
4.3. You accept that we may store your personal information outside of the region or country that you may submit or use it in.
5. Protection of your Personal Information
5.1. Anglo Medical Scheme values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information Anglo Medical Scheme has concerning Anglo Medical Scheme members is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
5.2. When you use the products, services, facilities, tools or utilities provided by Anglo Medical Scheme on the Site, you may be given an access number, username, password and/or personal identification number (PIN). You must always keep your username, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.
6. Correction of Personal Information
6.1. If you ever want to update or correct any of your personal information held by Anglo Medical Scheme, you can e-mail us or you can phone our contact centre.
7. Personal Information held by or disclosed by you or Anglo Medical Scheme to a third party
7.1. Because Anglo Medical Scheme is not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to this website, websites facilitated by us or websites that serve as social networks like Facebook or Twitter), Anglo Medical Scheme does not exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.
7.2. Anglo Medical Scheme may enter into arrangements with its partners or other third-party suppliers which will require us to disclose your personal information to these third parties for the purpose of transferring data to us from a device(s) that measures bodily functions or fluids. You hereby consent to Anglo Medical Scheme disclosing your personal information to these third parties for this purpose and you also consent to receiving data about yourself from these third parties. If at any time after you have given Anglo Medical Scheme your consent you no longer wish to disclose your personal information to these third parties, you may at any time withdraw your consent.
8. Cookies
8.1. Anglo Medical Scheme uses cookies. We use the word "cookie" to refer to information that is sent from the Site to your hard drive, where it is saved. In this way, the next time you use the Site, Anglo Medical Scheme will know who you are and that you have visited the Site before. We also collect information about how you use the website, your preferences and past browsing history.
9. Changes to this Privacy Policy
9.1. Anglo Medical Scheme may amend this privacy policy from time to time. We will give you notice of any material changes within a reasonable time, however, we recommend that you familiarise yourself with this privacy policy regularly.
9.2. The current version of this privacy policy will govern the respective rights and obligations between you and Anglo Medical Scheme each time that you access and use the Site
10. Which laws apply to this Privacy Policy
10.1. This privacy policy is governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy policy.
C. Community Guidelines
These community guidelines complimentary to, and should be read and understood together with, the general terms and conditions of use set out in Section A above.
1. You are required to be 18 years of age to register on this Site.
2. As part of this community aspect, you may post your personal opinions, messages and ideas to the Site and to the discussion forums available on the Site.
3. However, you undertake not to post content to the Site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful, or which Anglo Medical Scheme regards as inappropriate, and you accept that Anglo Medical Scheme may remove this content from the Site.
4. You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content from the Site to Anglo Medical Scheme, and Anglo Medical Scheme undertakes to correct and/or remove such content or any part thereof if it feels that it is appropriate to do so.
5. Anglo Medical Scheme does not editorially control, filter or read your postings on the Site on an ongoing basis, and you acknowledge and agree that Anglo Medical Scheme shall not be responsible, in any way, for any user postings. You also agree to indemnify Anglo Medical Scheme against any liability, claim, damage or loss of whatsoever nature that may result from your posting(s) to the Site.
6. You accept that the community aspect is integral to the Site and agree to respect and abide by these community guidelines at all times when accessing or using the Site, and to interact and engage with fellow users with equal respect and dignity.
7. Please note that as a user of any of our community websites, you determine who will have access to your personal information when you invite them to view your profile. Anglo Medical Scheme cannot be responsible for any consequences that may result from access that you may have provided to any individual.