User agreement, general terms and conditions of use, privacy policy and community guidelines

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. “Bankmed Apps” means any online application software that is provided by or is connected with Bankmed Medical Scheme 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. “Discovery” means Discovery Limited a public company duly incorporated under the laws of South Africa with registration number 1999/007789/06.

1.1.3. “Discovery Health” means Discovery Health a private company duly incorporated under the laws of South Africa with registration number 1997/013480/07.

1.1.4. Bankmed Medical Scheme being the medical scheme registered as such with the Council of Medical Schemes

1.1.5. “Pass” means digital representation of information you would normally carry in your wallet, for example, membership cards, boarding passes, event tickets and vouchers.

1.1.6. “personal information” means information that identifies or relates specifically to you and shall include photograph images.

1.1.7. “Site” means collectively our website/s and the Bankmed Medical Scheme App.

1.1.8. “we”, “us”, “our” means Discovery, Discovery Health and Bankmed Medical Scheme collectively, all their affiliates and subsidiaries and any developers that may be employed from time to time

1.1.9. “website” means the internet websites with the address www.bankmed.co.za or any website with a URL that is validly registered to Bankmed Medical Scheme.

1.1.10. “you” and “your” means the user of the Site and/or your legal guardian.

1.2  Where applicable and depending on the context:

1.2.1. words which make reference to the singular shall include a reference to the plural and vice versa; and

1.2.2. words which make reference to one gender shall include the other gender; and

1.2.3. any reference to a person shall include a company and vice versa.

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 Bankmed Medical Scheme App;

2.2.3. 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).  Bankmed 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 user name 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 user name and password.  You are only permitted to use one account.  If you use more than one account we could delete all access.

5.2. Once you’ve logged onto the site once, certain information, functionality and other features of the site will be accessible the next time you access the Site without having to re-enter your password.  If you prefer to enter your password every time you access the Site, you can change the setting in the menu option.

5.3. Bankmed 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. Bankmed 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 Bankmed 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 Bankmed Medical Scheme. This includes, but is not limited to mobile push notifications.

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 Bankmed Medical Scheme, you may change the way you receive your communication on the website, or you can phone our call centre on 0800 BANKMED (0800 226 5633).

7.4. Bankmed 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 Bankmed 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 Bankmed Medical Scheme and is protected by South African and international copyright laws.

8.2.   Except if permitted under this or another agreement with Bankmed 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, Bankmed Medical Scheme will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages.  Bankmed Medical Scheme will also be allowed to claim for loss of profits and loss of business and will also be allowed 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 Bankmed Medical Scheme's prior written permission and/or that of any third party.

8.6. Bankmed Medical Scheme tries to ensure that the most sophisticated technology protects the information on the Site. However, Bankmed 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 Bankmed Medical Scheme on an “as is” and “and available” basis, unless we inform you in writing.

9.2. Bankmed 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. Bankmed Medical Scheme does not guarantee that

       9.3.1. the Site;

9.3.2. the information, content, tools or materials included on the Site;

       9.3.3. the Bankmed Medical Scheme servers; or

9.3.4. that any electronic communications sent by us are free from viruses or other harmful components. Bankmed 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 Bankmed Medical Scheme; 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. 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;

9.5.3. 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 Bankmed Medical Scheme in disrepute; or

9.5.4. your reliance on any of the information, content, tools or materials that you obtain from the Site.

9.6. 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. The following will apply to the usage of the Pass:

10.1. You are aware that Passbook is only compatible with Apple iPhone 3GS onwards and iPod Touch 4th generation onwards running iOS6 mobile operating system or later.

10.2. You are aware that the Passbook is a third party application supplied free of charge by Apple.

10.3. You are aware that the Passes will be accessed via the Apple Passbook App.

10.4. You are aware that Passes in Passbook can be synched via iCloud to your other Passbook compliant Apple devices.  It is recommended that you do not share your iCloud credentials with others and, for added security, that you do not make use of iCloud to synchronise your Passes.

10.5. Updates and changes to the Pass will be pushed through to your Pass, provided that the ‘automatic updates’ option on your device is switched on. Where the ‘automatic updates’ option on your device is switched off, you will need to manually update the Pass.

10.6. Any unauthorised use, alteration or dissemination of the information or content on your Pass is prohibited.

10.7. You accept that you are responsible for ensuring the necessary security for your mobile device.  This can be in the form of a device auto-lock feature, pin access control etc.  You agree to, without limitation, indemnify Bankmed Medical Scheme, its trustees, and Discovery Health, its directors and employees, for any claim relating to your use of the Pass, including any claims relating to fraudulent use thereof brought by you or any third party.

10.8. The Pass allows you to add an identification photo for added security. You accept without limitation to apply the following criteria when adding an identification photo to the Pass:

10.8.1. The image must be of the user for whom the Pass has been created. No other persons may appear in the image.

10.8.2. The image must be clear and allow for the clear visibility of the facial features of the user.

10.8.3. The user in the image must not appear with sunglasses, a hat, a wig, face-paint, hand-held objects or any other objects that may obstruct the full visibility of the user’s face and facial features.

10.8.4. The image must consist of the user’s head and shoulders only and fill more than 80% of the image.

10.8.5. The image must portray a natural expression of the user and may not be altered to present an unnatural appearance of the user.

If you do not comply with the above criteria we reserve the right to revoke your photo which will render your Pass invalid and useless.

11. Indemnity

11.1. While Bankmed Medical Scheme makes every effort to ensure that the content and information on the Site is complete, accurate and up to date, we make no guarantee about the suitability of the products and services on the Site or whether they are complete accurate or appropriate.

11.2. You agree to fully indemnify Discovery Health, its directors, and employees, the board of trustees of Bankmed Medical Scheme and the employees of the Bankmed Medical Scheme, and will not hold us responsible for any claim relating to your use of the Site.

11.3. You agree to fully indemnify Discovery Health, its directors and employees, the board of trustees of the Bankmed Medical Scheme and the employees of Bankmed Medical Scheme, from any errors or inaccuracies or incomplete information made available by third parties (including healthcare professionals, advisors and/or experts) on the Site and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.

11.4. You agree that all information, including products and services or any terms or conditions relating to them, on the Site may change. Bankmed Medical Scheme will try to notify you of the important changes within a reasonable time.

11.5. You agree that any calculations made on the Site, (including any relating to your health) are estimates and are meant as guidelines only.

11.6. Bankmed Medical Scheme is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.

11.7. All products and services provided on the Site are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.

11.8.  You accept that some of the information, content, tools or materials on the Site come from external sources (including independent practitioners in the health and wellness industry), and you agree that Discovery is not responsible, and will not be held liable, for any information or content, received from these external sources.

12. Phishing and spoofing

12.1. If you receive an unsolicited e-mail that appears to be from Bankmed 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 Bankmed Medical Scheme information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer."

12.2. Bankmed 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. Bankmed Medical Scheme cannot be responsible for any consequences resulting from your response to any e-mail sent by a “phisher” or a “spoofer”.’

13. Linking to third party websites

13.1. 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 Bankmed Medical Scheme and Bankmed 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.

13.2. Bankmed 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 Bankmed Medical Scheme of the linked website, their business or security practices, or any association with its operators.

14. Applicable law

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.

15. General Provisions

15.1. The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.

15.2. 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.

15.3. No failure or delay by Bankmed 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 Bankmed Medical Scheme products or services, or when you contact Bankmed Medical Scheme electronically.

1.2. Bankmed 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. Bankmed 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. Bankmed Medical Scheme will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give Discovery your express written permission to do so, or unless Bankmed Medical Scheme is permitted or required to do so by law.

2. What do we mean by Personal Information

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.  Any information about your health and wellness interests, your lifestyle, your eating habits and nutrition, your exercise regime and all related information will also be regarded as personal information.

3. How we collect your Personal Information

Whenever you use the Site, complete an application form, contact Bankmed Medical Scheme electronically, or use one of the products, services, facilities, tools or utilities offered by Bankmed Medical Scheme on the Site, Bankmed 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 Bankmed Medical Scheme to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why Bankmed Medical Scheme would collect your personal information:

4.1.1. for Bankmed Medical Scheme to process your instructions or requests; or

4.1.2. for Bankmed Medical Scheme to ensure that we meet your needs, Bankmed 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. once Bankmed Medical Scheme has collected and analysed your personal information, Bankmed Medical Scheme may send you promotional material or details which we think may be of interest to you.

       4.1.4. to conduct market research;

4.1.5. to conduct academic research. This research is conducted to evaluate and improve Bankmed 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 Bankmed Medical Scheme your consent you no longer wish Bankmed 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. Bankmed 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.

5.2. When you use the products, services, facilities, tools or utilities provided by Bankmed Medical Scheme on the Site, you may be given an access number, user name, password and/or personal identification number (PIN). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.

6. Correction of Personal Information

    If you ever want to update or correct any of your personal information held by Bankmed Medical Scheme, you can e-mail us or you can phone our contact centre.

7. Personal Information held by or disclosed by you or Bankmed Medical Scheme to a third party

7.1. Because Bankmed 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), Bankmed 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. Bankmed 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 Bankmed 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 Bankmed 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

Bankmed 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, Bankmed 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. Bankmed 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 Bankmed Medical Scheme each time that you access and use the Site.

10. Which laws apply to this Privacy Policy

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 Bankmed Medical Scheme regards as inappropriate, and you accept that Bankmed 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 Bankmed Medical Scheme, and Bankmed 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. Bankmed Medical Scheme does not editorially control, filter or read your postings on the Site on an ongoing basis, and you acknowledge and agree that Bankmed Medical Scheme shall not be responsible, in any way, for any user postings.  You also agree to indemnify Bankmed 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. Bankmed Medical Scheme cannot be responsible for any consequences that may result from access that you may have provided to any individual.