TERMS AND CONDITIONS

www.mediesefondse.co.za (“we, us, our”) is an online medical scheme comparison website (“the Website”), which enables users (“you, your”) to voluntarily enter their contact information on a single website, and have our partner companies contact them. We have partnerships with medical scheme brokers as well as other industry related product suppliers and companies.

These terms and conditions of use (“Terms”) regulate access to and use of the website and any profile created by you arising out of your use of the website.

By using any part of the website and/or by submitting your details via our online forms, you signify your agreement to these terms. If you do not agree to these Terms, you may not use the website.

We reserve the right, in our sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the website. Each time you access the website, you are deemed to have consented, by such access, to the Terms, as amended and/or replaced by us from time to time.

You shall not be entitled to cede, assign, and/or delegate your rights and/or obligations in terms of these Terms to any third party without the prior written consent of us.

If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced.

Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

Subscription To Our Services

Through your use of our services, by submitting your information via our online form, you are requesting and agreeing:

For us to send your information to our partners, who will then contact you with quotations and information on the specific product(s) you have requested.

Electronic Communications

Your use of the website shall be deemed your consent to receive communications from us via electronic and/other means which includes (but it in no way limited to) email and telephonic calls.

LIMITATION OF OUR LIABILITY AND USE OF OUR WEBSITE

Use of Website

You may only use the website to browse the content, voluntarily enter legitimate information and shall not use the website for any other purposes, including but without limitation to, the entering of any false or fraudulent information.

The website and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the website and/or the materials contained on the website may violate applicable copyright, trademark or other intellectual property laws or other laws.

You may not yourself, or through a third party –

Use the website for harmful, unlawful or illegal purposes, including, without limitation to:

 

 

 

 

 

 

 

 

 

Our Rights

We may:

modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or

Change these Terms from time to time with or without notice to you, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change.

We will use our reasonable endeavors to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation should your use of any part of the website be affected in anyway and/or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.

Cookie Tracking

The website may use cookie and tracking technology from time to time depending on, but not limited to, the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize the website for visitors. Personal information cannot be collected via cookies and other tracking technology, unless and in the instance that you previously provided personally identifiable information, cookies may be tied to such information. By registering with us, you therefore provide your consent to share such information with third parties.

Third Party Links

In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and further accept that we do not endorse and are not responsible or liable in any way whatsoever, directly or indirectly, for the privacy practices or the content (including misrepresentation or defamatory content) of such websites, including but without limitation to, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us and you assume all risk with respect to its use.

Monitoring and Security

We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the website. We may investigate any reported violation of these Terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, and/or the removal of any materials from the website.

Whilst we have taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, Trojans, time bombs, time-locks, phishing programmes or other harmful programs.

You acknowledge that because information is transmitted via the Internet, such information, irrespective of whether it constitutes personal information, may be susceptible to monitoring and interception. Accordingly, you are discouraged from transmitting to the website any information that may be viewed as confidential and/or of a sensitive nature and you bear all the risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by you as a result thereof.

We hereby reserve the right to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-office applications. You may not utilise the website in any manner which may compromise the security of the website in any manner whatsoever, which shall include, without limitation, delivering or attempting to deliver any unauthorised, damaging or malicious code to the website, which is expressly prohibited. These Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute.

You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your access to and/or use of the website.

The website is controlled, operated and administered by us from our offices within the Republic of South Africa.

INTELLECTUAL PROPERTY

All content included on the website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected in terms of intellectual property laws in South Africa (including trade mark and copyright law) as well as international copyright laws.

The compilation of all content on the website is our exclusive property and is protected by copyright law.

All software used on the website is our property or that of our software suppliers and is protected by copyright law.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, AND/ OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

NEITHER US, NOR OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, OR OUR SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).

You hereby unconditionally and irrevocably indemnify us, our affiliated companies, its officers, agents, directors and employees and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us for infringement of any right, whether the claim or action arises from delict or contract, or any infringement of whatsoever nature, arising out of or pursuant to the exercise by you of your rights or the fulfillment or breach by you of any of you obligations under these terms or any other requirements that we may impose from time to time, including, without limitation, all loss, damages, claims and/or costs suffered or incurred by us or instituted against us as a direct or indirect result of your use of the website, and such indemnity shall extend to the reasonable costs that may be incurred by us in defending any action instituted against us.

Your use of the website and/or your customer profile is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. We do not accept liability that may arise in connection with the uploading, reproduction, display, use, distribution or sharing by you of your customer profile.

We, our affiliates, shareholders, directors, agents, consultants or employees shall not be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the access to and/or use of, or the inability to access or use, the website, any personalised item and/or any linked website, the content thereof, any functionality thereof or information contained therein, even if we know or should reasonably have known or are expressly advised thereof.