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Mobile Application Terms and Conditions of Use

1.INTRODUCTION 

1.1 These are the Terms and Conditions of Use relating to the Bestmed Mobile Application (“Bestmed App”) provided by Bestmed Medical Scheme (Registration Number: 1252) (“the Provider”). These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Bestmed App and the Services associated therewith. By accessing and using, and in particular indicating your acceptance of the terms by clicking on the “I accept these terms” button as provided for on the Bestmed App, the User agrees to be bound by the Terms and Conditions set out herein. The content of the Bestmed App is proprietary to the Provider and / or otherwise utilized in terms of a written license agreement entered into between the Provider and the proprietor of such content. As such, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Bestmed App for any purposes other than as provided for in these Terms and Conditions without the prior consent of the Provider.

1.2 In terms of section 49 of the Consumer Protection Act, 2008 the User’s attention is drawn to the provisions of clauses 3,5,7,8,9,11,14 and 15 which:

i) limit in any way the risk or liability of the Provider or any other person;
ii) constitute an assumption of risk or liability by the User;
iii) impose an obligation on the User to indemnify the Provider or any other person for any cause; or
iv) constitute an acknowledgement of any fact by the User.

2. DEFINITIONS

2.1 The headnotes to the clauses of these Terms and Conditions are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms and Conditions nor any clause hereof.

2.2 Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:

2.2.1 “Bestmed App” shall mean the multi-device software Application, whether in a Web-based Format or Device-native Format, to which these Terms and Conditions are linked and through which the User uses the Bestmed App and its associated Services;

2.2.2 “Business Day” shall mean any day other than a Saturday, Sunday or a public holiday in South Africa;

2.2.3 “Broker” shall mean any natural person, or where applicable juristic person, with limited liability, registered under the Laws of South Africa, who has been granted accreditation by the Council to act or offer to act as a Broker for the provision of service or advice in respect of the introduction or admission of Members of the Provider, or the ongoing provision of service or advice in respect of access to, or benefits or services offered by the Provider.

2.2.4 “Device” shall mean the device used by the User to use the Services provided by the Provider, such as a smart phone or tablet or similar device;

2.2.5 “Device-native Format” shall mean the format of the Bestmed App which can only be accessed by the User by downloading it from the relevant Online Store and installing it on his / her Device;

2.2.6 “Effective Date” shall mean the date upon which a User accepts these Terms and Conditions and uses the Services provided by the Provider;

2.2.7 “Intellectual Property” shall mean all intellectual property subsisting in, pertaining to or used on, through or by the Bestmed App, including, without limitation, patents, designs, inventions, Trade Marks, service marks, domain names and URL’s, sales and user data, databases, trade secrets, methods and know-how, as well as copyright, including, without limitation, all copyright in any logos, devices, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above;

2.2.8 “Member(s)” shall mean any natural person, or where applicable juristic person, who has concluded an agreement with the Provider in terms of which such member enjoys pre-determined, tailored and personalised healthcare benefits against payment of monthly premiums of contributions;

2.2.9 “Online Store” shall mean the application store available on the User’s device and operated by the relevant Operator running the operating system on the User’s Device;

2.2.10 “Operator” shall mean the owner of the operating system through which a User’s Device runs a particular Online Store, which shall either be Apple or Android or any other similar platform;

2.2.11 “Parties” shall mean the Provider and the User and “Party” shall, as the context requires, be a reference to any one of them;

2.2.12 “Personal Information” shall have the meaning ascribed to it in terms of Section 1 of the Protection of Personal Information Act, 4 of 2013;

2.2.13 “Processing” shall have the meaning ascribed to it in terms of Section 1 of the Protection of Personal Information Act, 4 of 2013 and the term “Process” shall, as the context requires, have the corresponding meaning;

2.2.14 “Provider” shall mean Bestmed Medical Scheme;

2.2.15 “Services” shall mean the services provided by the Provider through, or by means of, the Bestmed App, including, but not limited to the provision of Member information, products, services, promotional material, commercial, consumer, social and medical industry content and information services and providing the interface between the Provider and the User in order to enable or afford the User to access activate policies and benefits or procure access to such relevant products, services, content, tools or materials being offered, marketed, sold to, or subscribed to by, the User through or by means of the Bestmed App;

2.2.16 “Terms and Conditions” shall mean the terms and conditions set out in this document;

2.2.17 “Trademarks” shall mean all registered and unregistered trademarks, trade names, symbols, signs, insignia, emblems, logos and slogans utilised by the Provider in facilitating the User’s use of the Services, as well as on the Bestmed App;

2.2.18 “User” shall mean the user of the Services provided by the Provider through or by means of the Bestmed App in terms of these Terms and Conditions, which User shall primarily comprise of the Providers Member(s) and/or Broker(s); and

2.2.19 “Web-based Format” shall mean the format of the Bestmed App which can be accessed by the User through his / her Device’s web browser by entering a particular website.

2.3. Unless inconsistent with the context or save where the contrary is expressly indicated:

2.3.1. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause 2, effect shall be given to it as if it were a substantive provision of these Terms and Conditions;

2.3.2. any reference in these Terms and Conditions to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time; and

2.3.3. any reference in these Terms and Conditions to these Terms and Conditions or any other terms and conditions or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other terms and conditions or document as same may have been, or may from time to time be, amended, varied novated or supplemented.

2.4. Unless inconsistent with the context, an expression which denotes:

2.4.1. any one gender includes the other genders; and

2.4.2. the singular includes the plural and vice versa.

2.5. Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause 2.

2.6. The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

3. CONTRACTUAL CAPACITY TO ACT

The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of a juristic person, the User agrees to bind himself / herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions. Notwithstanding the aforegoing, the User (where he/she acts on behalf of a juristic person) warrants that he / she has the necessary authority and capacity to enter and bind the juristic person to these Terms and Conditions.

4. ELECTRONIC COMMUNICATIONS

By using the Bestmed App or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User and it constitutes proper notice to the User.

5. SERVICES PROVIDED AND YOUR ACCOUNT

5.1 The Bestmed App offers various services, including, but without limitation, the provision of Member information, products, services, promotional material, commercial, consumer, social and medical industry content and information services and providing the interface between the Provider and the User in order to enable or afford the User to access active policies and benefits or procure access to such relevant products, services, content, tools or materials being offered, marketed, sold to, or subscribed to by, the User through or by means of the Bestmed App (“the Services”). Under certain circumstances, the Provider may also afford the User an opportunity to conclude commercial transactions with various third parties who use the Bestmed App. The use of any product or service bought or subscribed for through the use of the Bestmed App, is at the User’s own risk.

5.2 If a User uses the Bestmed App and the portal created specifically for members (“the Member Portal”) and/or brokers (“the Broker Portal”), the User is obliged to keep his/her access details to the Bestmed App (including, his/her username and password) confidential and not allow other people to use it. The User also accepts full responsibility for all activities that occur under their unique access details or password and accept responsibility for sharing his/her username and password. The User is only permitted to use one account in respect of the Bestmed App. If the User uses more than one account, the Provider reserves the right to revoke all access to the Bestmed App.

5.3 Once a User has logged onto the Bestmed App, certain information, functionalities and other features of the Bestmed App will be accessible to the User.

5.4 The User expressly acknowledges and agrees 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 the Services in a way that is intended to harm, or could result in harm, to the User or to other users of the Bestmed App; or
5.4.4 gathering information and specifically Personal Information about others without obtaining their prior written consent.

5.5 The User also expressly agrees that any use of his/her access details shall be regarded by the Provider as if the User were the person using such information in all instances.

5.6 The User may change his/her username and password at any time, although the Provider may determine certain requirements that the User will need to meet when choosing a username or password. These requirements may be changed from time to time and the User may be required to update his/her credentials following such changes.


6. PERSONAL INFORMATION

6.1 The User shall make available and consents to the processing of, amongst others, the following types of personal information by the Provider:

i) e-mail address;
ii) name and surname;
iii) name of company/organisation;
iv) registration number;
v) identity number;
vi) physical address;
vii) IP address;
viii) delivery address;
ix) telephone number; and
x) opinions and preferences.
(“the Personal Information”)

6.2 The User agrees that the Provider may process the User’s Personal Information for all purposes that relate to the Bestmed App and the Services offered through the Bestmed App. In order to do so, the User acknowledges that the Provider is required to find out exactly what the User needs or wants.

6.3 The User does have the right to object to the processing of their Personal Information and it is voluntary to accept these Terms and Conditions. However, the Provider does require the User’s acceptance to enable the User to use the Bestmed App, and to provide the Services, which may include activating and servicing the User’s policy and benefits, where applicable.

6.4 Personal Information will be processed by the Provider, pursuant to and for the purposes as set forth in the Provider’s Data Protection and Privacy Policy, which may include, but not be limited to the following purposes:

i) verifying the identity of the User;
ii) transmitting and receiving necessary correspondence to the User in relation to the Services or the products or services accessed, used or purchased by the User through, or by means of the Bestmed App;
iii) facilitating delivery of the Services or the products or services accessed, used or purchased by, or subscribed to by, the User through, or by means of the Bestmed App;
iv) generally rendering the Services;
v) processing payments, refunds and the like in respect of any of the Services or the products or services accessed, used or purchased by the User through, or by means of the Bestmed App;
vi) transmitting marketing material to the User in respect of the Services made available by the Provider or any third party;
vii) to monitor and analyse the User’s conduct in respect of the Services;
viii) for compliance and risk purposes;
ix) to analyse the Personal Information collected for research and statistical purposes and once such Personal Information is analysed to send the User marketing and promotional material which the Provider believes may, based on the Provider’s processing of the User’s Personal Information, be relevant to the User and enhance the User’s use of the Services provided on, through, or by means of the Bestmed App;
x) to conduct market research, as well as academic research in respect of the Personal Information in order to identify potential markets and trends, to develop new products and services and to improve the nature of the Services being provided to the User by the Provider;
xi) to aggregate and/or de-identify the User’s Personal Information after analysing it for statistical purposes and/or conducting market and academic research in respect thereof, as aforesaid, and transferring or on-selling such de-identified Personal Information to third parties for commercial or non-commercial means.

6.5 The User’s Personal Information shall be retained in the strictest confidence by the Provider and will only be processed in accordance with the Provider’s Data Protection and Privacy Policy to which these Terms and Conditions relate, which can be sourced at www.bestmed.co.za.

6.6 The User expressly agrees and acknowledges that any failure by the User to submit the requisite Personal Information may render the Provider unable to deliver the Services and should this arise, the User hereby indemnifies and holds the Provider harmless against any loss or damage which the User may suffer as a result of the Provider’s inability to render or deliver the Services.

6.7 The User acknowledges that through the use of the Bestmed App or the Services, which may include completing online application forms or contacting the Provider electronically, the Provider will in effect be processing the User’s Personal Information.

6.8 The User acknowledges that he/she understands that (where applicable) when the User includes the Personal Information of their spouse and/or other dependants on the Bestmed App, the Provider will process such Personal Information in line with not only these Terms and Conditions, but also the provisions of the Provider’s Data Protection and Privacy Policy sourced at www.bestmed.co.za.

6.9 In such an event contemplated in clause 6.8 above, the User warrants that they have the required consent to furnish the Provider with such Personal Information.


7. THIRD PARTY PRODUCTS AND SERVICES

7.1 The Provider shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of the Personal Information in its possession, in order to guard against:

i) loss of, damage to or unauthorised destruction of Personal Information; and
ii) unlawful access to or processing of Personal Information.

7.2 The Provider shall not however be held responsible and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse the Bestmed App or access the Services), which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

7.3 The Provider undertakes to process any of the User’s Personal Information in accordance with the provisions of the Provider’s Data Protection and Privacy Policy to which these Terms and Conditions relate.


8. THE USE OF THE BESTMED APP BY THIRD PARTIES

8.1 At the Provider’s discretion, it may include references to or facilitate access to products offered or services rendered by third parties and provide links to the sites of third parties. These third-party service providers and their sites have separate and independent terms and conditions and privacy policies applicable to their products, services, and respective sites. The Provider shall bear no responsibility or liability for the products offered or services rendered by such third parties or the content and services provided through or by means of their respective websites.

8.2 The Provider makes no warranties or representations whatsoever regarding the products offered or services rendered by any third party or the content or activities of such third party websites, which may be accessed or used through or by means of the Bestmed App and/or its associated Services.

8.3 The User acknowledges that the Provider merely facilitates the User’s access to such third party’s products, services and/or websites and does not itself offer the products or render the services of such third party to the User.

8.4 The User acknowledges that neither the Provider, nor its prescribed officers, board of trustees agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of or the websites of a third party, as well as any functionality of said websites and the products offered or services rendered through or by means of said websites, or of any linked websites, even if Provider is expressly advised thereof.

9. UPDATING OF THESE TERMS AND CONDITIONS

9.1 By accessing and making use of the Bestmed App in the capacity as a Financial Advisor, Broker, Healthcare Services Provider, contracted employer group, such User acknowledges and agrees that he/she may gain access to the Personal Information of third parties (clients, members, patients and employees).

9.2 In respect of a situation contemplated in clause 9.1 above, such User acknowledges and agrees to only process the Personal Information in the accordance with the Provider’s Data Protection and Privacy Policy, as if the provisions of such Policy are expressly incorporated herein.

10. UPDATING OF THESE TERMS AND CONDITIONS

The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Bestmed App. It is the User’s obligation to periodically check these Terms and Conditions on the Bestmed App for changes or updates. The User’s continued use of this Bestmed App following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.


11. LIMITATION OF LIABILITY

11.1 The User expressly acknowledges and agrees that the rules governing the Provider as a non-profit medical scheme, registered as such in terms of the Medical Schemes Act, No. 131 of 1998 (As amended), as well as its members shall at all times be applicable to the Services.

11.2 The Bestmed App and all content on the Bestmed App, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither the Provider, its board of trustees, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Bestmed App or any functionality thereof, or of any linked mobile applications or digital interfaces, even if Provider is expressly advised thereof.

11.3 Neither the User or any other person shall have any claim against the Provider for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, arising from the unavailability of the Services, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if the Provider was negligent.

11.4 The Provider therefore does not guarantee that (i) the Bestmed App; (ii) the information, content, tools or materials included on the Bestmed App; (iii) the Provider’s servers; or (iv) that any electronic communications sent by the Provider will be free from viruses or other harmful components. The Provider will not be liable for any damages of any kind arising from any User’s use of the Bestmed App, the Services or from any information, content, tools or materials included on or otherwise made available to the User through the Bestmed App, including for direct, incidental, punitive and/or consequential damages.

11.5 Although the Provider is committed to providing Users with the best possible Service, the Provider shall not be responsible for:

11.5.1 any of the events described in this clause 11;

11.5.2 any actions or omissions by the User that result in a breach of the provisions of these Terms and Conditions;

11.5.3 any links to other websites, mobile applications or digital interfaces from the Bestmed App. The User also acknowledges that the Provider cannot control the content of or the products offered on any third party websites, mobile applications or digital interfaces;

11.5.4 a denial of access to the Bestmed App or the Services, should the Provider believe or have reason to believe that the User is conducting activities that are illegal, abusive, would attack the integrity of the Bestmed App or put the Provider in disrepute; or

11.5.5 the User’s reliance on any of the Services, information, content, tools or materials that the User obtains or gains access to from the Bestmed App.

11.6 The User expressly acknowledges and agrees that any information included on the Bestmed App or provided through the User’s use of the Services, should not to be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. The User is expressly advised to consult with his/her financial adviser should the User require any financial services or financial products.

11.7 To the extent that clinical information may be provided on the Bestmed App, 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. The User should not discontinue any treatment they may be receiving based on information reflected on the Bestmed App without first consulting their healthcare provider. The User is also advised to seek professional advice immediately should any symptoms he / she may be experiencing persist.

11.8 The User acknowledges and agrees to the following pertaining to the Services, information, content, tools or materials that are made available to the User through the Bestmed App:

11.8.1 That the User will consult with his/her healthcare provider before undertaking to follow any health and fitness recommendations received via the Services provided by the Provider;
11.8.2 That the Provider is not a licensed medical provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Services provided by the Provider through the Bestmed App are not intended to be a substitute for professional medical advice, diagnosis, or treatment.
11.8.3 The User expressly agrees that through the provision of the Services via the Bestmed App, the Provider is not providing medical advice in any manner shape or form. All information, content, tools, materials provided through the Services, including all text, communication, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by the Provider or by other users or third parties is not intended to be and should not be used in place of (a) the advice of the User’s physician or other medical professionals, (b) a visit, call or consultation with the User’s physician or other medical professionals, or (c) information contained on or in any product packaging or label, which product the User may be using or be prescribed. Should the User have any health-related questions, the User should please call or see a physician or other healthcare provider promptly. Should the User have an emergency, they should call a physician or other healthcare provider immediately. The User should never disregard medical advice or delay in seeking medical advice because of any of the Services, content, information, tools or materials provided through the Bestmed App, and you should not use such Services for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship.
11.8.4 The User expressly agrees to indemnify and hold harmless the Provider, its board of trustees, employees, assignees, contractors or any other related party (“the indemnified parties”), from any and all liability connected with the User’s use or reliance on the Services, and promises not to sue the indemnified parties for any claims, actions, injuries, damages, or losses associated with such reliance on, and use of the Services provided through the Bestmed App. The User also agrees that in no event shall the indemnified parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use, misuse or reliance on the Services, (b) your use or misuse of any equipment or programs created or licensed by the Provider while engaged in activities offered through the Services, (c) your dealings with third party service providers or advertisers available through the Services, (d) any delay or inability to use benefits offered by the Provider experienced by you, (e) any information, software, products, services or content obtained through the Services or the Bestmed App, whether based on contract, delict, strict liability or otherwise, even if the Provider has been advised of the possibility of damages.
11.8.5 That the Provider will not be responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.

11. CASUAL SURFING

The User may only access the Bestmed App by downloading it and providing any personal information required. The relevant servers will in such instances collect the IP address of the User’s computer or other electronic device, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Bestmed App, pages viewed for instance, etc. The Provider uses this information to determine the use of the Bestmed App, and to improve content thereon, as well as the Services associated therewith. The Provider assumes no obligation to protect this information, and may process such information without limitation.

13. GOVERNING LAW

13.1 The Bestmed App is controlled, operated and administered by the Provider within the Republic of South Africa. Access to the Bestmed App from territories or countries where the use of the Services provided through the Bestmed App is illegal, is prohibited.

13.2 The User may not use the Bestmed App in violation of South African export laws and regulations. If the User accesses this Bestmed App from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the any High Court with jurisdiction for purposes of resolving any dispute in connection with the use of this Bestmed App. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Services, information, content, tools and, or materials made available to the User through the Bestmed App.

14. USE OF THE BESTMED APP AND THE SERVICES

14.1 In order to use the Bestmed App, the User must download the Bestmed App by following the prompts displayed on the Bestmed App itself, once the User has downloaded the Bestmed App in its Device-native Format, from the relevant Online Store applicable to the User’s device, or upon entering the Bestmed App in its Web-based Format.

14.2 The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Bestmed App’s contents without the Provider’s prior written consent.

14.3 The User may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Bestmed App without the prior written consent of the Provider.

14.4 The Provider reserves the right to make any changes or modification, as well as discontinue any aspect of the Bestmed App, its content and/or the Services offered by or through the Bestmed App at any time and without prior notice to the User. No such change, suspension, modification or discontinuance shall entitle the User to any refund or compensation, or give rise to any liability whatsoever.

14.5 The User agrees that it will only use the Bestmed App in accordance with these Terms and Conditions, including any terms and conditions incorporated herein by reference.

14.6 The display of content via the Bestmed App may differ depending on the Device the User is using to use the Bestmed App or access the Services.

14.7 Any and all content published on the Bestmed App reflects the views of the author and does not necessarily constitute the official opinion of the Provider unless stated otherwise.

14.8 The User may not post content on the Bestmed App that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language.

14.9 If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Bestmed App’s security systems, such User must keep this information secret and confidential and not allow anyone else to use it. The User shall be responsible for all access to the Bestmed App with the User’s user username and password. When the User’s username and password has been used in order to gain access to the Bestmed App, the Provider shall be entitled to assume that such use and all related communications emanate from the User. The Provider shall not be liable for any loss or damage arising from unauthorised use of the User’s Personal Information. The User shall be obliged to immediately, after becoming aware of any other person’s unauthorised access to the User’s account or profile, log out of the Bestmed App to prevent anyone else from using the Bestmed App or gaining unauthorised access to the User’s account or profile.

14.10 In the event that the User becomes aware of a breach of the confidentiality of the User’s Personal Information or the interference with the lawful processing of said User’s Personal Information, the User must immediately communicate this to the Provider in writing. The compromised User’s account, profile, access and use of the Bestmed App will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. The Provider may, at its sole and absolute discretion and for any reason, require the User to change the User’s user identity and password at any time.

14.11 Standard data charges will be levied by the relevant data service provider when the User accesses the Bestmed App or downloads the Bestmed App to its Device.

14.12 The Provider reserves the right to occasionally restrict the User’s access and/or use of the Bestmed App and/or Services to carry out repairs, maintenance or to introduce new functionality and/or Services. The Provider does however endeavor to keep any disruption in the use of the Bestmed App to a minimum.

14.13 The User agrees not to:

4.13.1 use the Bestmed App or the Services to process Personal Information of third parties, however should this be the case, for instance when a User refers third parties to Bestmed, such User warrants that he/she/they have procured the required consent from such third party to do so;
14.13.2 violate the privacy of any person in order to, or attempt to, gain unauthorised access to the Bestmed App and/or the Services through the Bestmed App, including, but without limitation through hacking, password mining or any other means;
14.13.3 use the Bestmed App or the Services to engage in any illegal or unlawful activity; and
14.13.4 employ automated electronic or mechanical processes designed to negatively affect the performance of the Bestmed App, and the Provider’s provision of the Services associated with the Bestmed App.

14.14 Should the User engage in any of the aforementioned activities, or breach any of the provisions of these Terms and Conditions, the Provider shall be entitled, without prejudice to any other rights it may have and without prior notice to the User:

14.14.1 suspend the User’s access to and use of the Bestmed App and/or the Services; and/or
14.14.2 terminate this agreement and recover all costs incurred by the Provider, including, but without limitation, legal costs on an attorney and own client basis.

15. USE OF THE BESTMED APP IN ITS DEVICE-NATIVE FORMAT

15.1. The provisions of this clause 15 shall only apply to the User if he/she downloads and uses the Bestmed App in its Device-Native Format.

15.2. The User may only download and use the Bestmed App if its Device meets the requirements specified for the Bestmed App as per the information shown on the Bestmed App’s interface or as set out on the relevant Online Store’s terms of service and which Device has the latest version of the relevant operating software installed on the User’s Device.

15.3. The User must ensure that he/she uses the latest version of the Bestmed App at all times, whether notified by the relevant Online Store or not and the User undertakes to regularly check whether he/she is using the latest version of the Bestmed App. If the User does not install the latest version of the Bestmed App, it may not function correctly, experience security and/or data flaws, for which the Provider will not be liable under any circumstances.

15.4. Upon acceptance of these Terms and Conditions by downloading the Bestmed App in its Device-native Format, the Provider grants the User a non-exclusive right to use the Bestmed App, which the User may not assign, sub-license, transfer and which license is granted to the User only and which license will not confer any rights of use of the Bestmed App to any third party.

15.5. The license will commence as soon as the Bestmed App is downloaded by the User in its Device-native Format to his/her Device and will terminate upon the deletion by the User of the Bestmed App from his/her Device, or if terminated by Bestmed in accordance with these Terms and Conditions.

15.6. The User shall delete the Bestmed App from his/her Device if the User changes his Device or disposes of it.

15.7. Notwithstanding the fact that these Terms and Conditions are entered into between the Provider and the User, the User acknowledges that the relevant Operator is a third party beneficiary under these Terms and Conditions and will also have the right to enforce these Terms and Conditions against the User.

16. COPYRIGHT

16.1 All content made available on the Bestmed App (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and where applicable software) belongs to the Provider, or is alternatively used pursuant to a licensing agreement concluded between the Provider and the third party proprietor of such content.

16.2 Any unauthorised use, alteration or dissemination of the information or content published on the Bestmed App is strictly prohibited.

16.3 The User expressly acknowledges that no content or information displayed on the Bestmed App may be regarded or construed as granting any licence or right to any third party, including the User, to use any trademark without the Provider’s prior written consent and approval.

16.4 Although the Provider has deployed reasonable technical and organisational measures to protect the information on the Bestmed App from time to time, the User acknowledges that the Provider 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 of the Bestmed App.

17. COMPLIANCE WITH SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002

In compliance with section 43 of the Electronic Communications and Transactions Act, 2002, the Provider draws your attention to the following information relating to it:

i) Full name and legal status:
Bestmed Medical Scheme
ii) Physical address and telephone number:
Block A Glenfield Office Park
361 Oberon Avenue
Faerie Glen
Pretoria
Gauteng, 0001, RSA

Tel: 086 000 2378 (Switchboard)

iii) Website address and e-mail address:
www.bestmed.co.za
E-mail: service@bestmed.co.za

iv) The registration number:
1252

v) The physical address where the Provider will receive legal service of documents:
Block A Glenfield Office Park
361 Oberon Avenue
Faerie Glen
Pretoria
Gauteng, 0001, RSA

vi) A description of the main characteristics of the Services offered by the Provider:
The Provider is a non-profit mutual medical scheme registered in terms of the Medical Schemes Act, No. 131 of 1998 (As Amended) and conducts the business of a medical scheme for its members. The Provider is self-administered and offers pre-determined, tailored and personalised healthcare benefit structures to its members against the payment of monthly premiums or contributions. The Bestmed App is deployed by the Provider to offer various services, including, but without limitation, the provision of member information, products, services, promotional material, commercial, consumer, social and medical industry content and information services, as well as providing the interface between the Provider and the User in order to enable or afford the User to access such relevant products, services, content, tools or materials being offered, marketed, sold to, or subscribed to by, the User through or by means of the Bestmed App (“the Services”).

vii) The security procedures and Data Protection and Privacy Policy of the Provider in respect of processing Personal Information:
All Personal Information processed by the Provider in accordance with the provisions of the Provider’s Data Protection and Privacy Policy available on its website at www.bestmed.co.za.

Data Protection and Privacy Policy