1.1 Welcome to MediClub
Welcome to the MediClub Plus mobile application. The following terms constitute an agreement (the 'Terms & Conditions') between you and National Health Care through which you can access our services. The platform is operated by National Health Group (Pty) Ltd, a company incorporated and registered in South Africa, under company registration number 2015/130345/07 and with its registered office at Newlands, Cape Town. To contact us, please email us at info@nationalhealthcare.co.za.

1.2 Minimum age for using the platform and restrictions
You must be 18 years or older and capable of entering into a legally binding agreement to use our Service. You may not use the platform to illegally look up the personal health details of another member even if it is a family member, colleague or friend.

1.3 You are legally bound by the Terms & Conditions
By accessing or using this site, or downloading or using the Platform and Services, you represent and warrant that you agree to be bound by the Terms & Conditions and our Privacy Policy. If you do not agree to these Terms & Conditions, you may not access or use the Platform, including the Site, App or the Services.

1.4 Our Platform does not provide treatment, diagnosis or similar services
Our Services are not suitable for the treatment of medical emergencies. We do NOT provide any emergency services, care for acute medical conditions, diagnosis, treatment or prescriptions. As such, the services are designed to complement but not replace the services of your healthcare provider. Any information provided through our Services, will in either case be based on the information that you have provided to MediClub Plus via the Platform. It is your responsibility to ensure this information is correct and complete and you accept that failure to do so (whether intentionally or not) may affect the information that MediClub Pluscan give to you and may have consequences for which we are not responsible. If you do not fully understand any information obtained through the Services, it is your responsibility to raise this with MediClub, or with a healthcare provider during a Consultation where relevant.

REMEMBER THAT THE MediClub Plus PLATFORM DOES NOT PROVIDE YOU WITH A MEDICAL DIAGNOSIS. IF YOU ARE WORRIED ABOUT YOUR HEALTH, YOU SHOULD GET ADVICE FROM A HEALTH PROFESSIONAL. IN THE CASE OF AN EMERGENCY, YOU SHOULD CALL EMERGENCY SERVICES IMMEDIATELY. ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE MediClub Plus PLATFORM.

1.5 Membership and payment arrangements
The type of membership you hold with MediClub Plus will dictate the services you receive and how you pay for services. If all payment methods submitted by you or your paying organisations are not tendered or declined, your access to Services will be cancelled or suspended until payment is made. Where you are receiving the MediClub Plus Service through an organisation such as your Employer or a Group, your right to use the Service shall also be subject to and in accordance with the rules and payment arrangements applicable to that organisation. In the event of any inconsistency or conflict between these Terms and Conditions and the terms of the Employer or Group, these Terms and Conditions shall take precedence.

1.6 Securing your account is your responsibility
Once you have downloaded our App or accessed the web-based application on the Member Site, you can set up an account with a username and password within the profile area (your 'Account'). We advise all users to only use ‘strong’ passwords or PIN numbers with their Account. When you register your Account or otherwise submit information to us, you represent that the information you provide is accurate and comprehensive. If any information changes, you warrant that you will promptly let us know of such changes by correcting the information.

It may be possible to connect to our Platform using the account you hold with a third-party service such as FaceBook. If you choose to connect to the Platform via such a third-party service you give us permission to access and use your information from that service, as permitted by the terms of that service and as set out in our Privacy Policy.

You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. You must be 18 years or older and capable, in your country of residence, of entering into a legally binding agreement to use our Services. The Services are not to be used by those under the age of 18. However, the Services may be used by adults to manage healthcare information regarding their children under the age of 18. Use of the Services is only open to residents of South Africa.

1.7 There are limits to your right to use the Services
The materials and content comprising the Platform and the Services belong to us, or the people who have licensed them to us and we give you permission to use these materials and content for the sole purpose of using the Platform and the Services in accordance with these Terms & Conditions. Your right to access the Platform and use the Services is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to access the Platform and use the Services does not stop us from giving other people the right to access the Platform and use the Services. Other than as allowed in these Terms & Conditions you are not given a right to use the ‘MediClub’ name, or any of the ‘MediClub’ and ‘National Health Care’ trademarks, logos, domain names and other distinctive brand features. In consideration of you agreeing to abide by these Terms & Conditions, we grant you a limited, non-transferable, non-sublicensable, personal, non-exclusive, revocable licence to use the web App or download the App to your device to access the Platform and use the Services, subject to these Terms & Conditions, the Privacy Policy and any rules of the App Store from which you downloaded the App.

You agree: not to replicate or copy our Platform or any portion of the Services; not to give or sell or otherwise make available our Platform or any portion of the Services to anybody else; not to change our Platform or any portion of the Services in any way; not to look for or access the source code of our Platform or any portion of the Services that we have not expressly published publicly for general use. You agree that all confidential information, copyright and other intellectual property rights in our Platform or any portion of the Services belong to us or the people who have licensed such rights to us. You agree that you have no rights in or to our Platform or any portion of the Services other than the right to access and use them in accordance with these Terms & Conditions.

When using the Platform, you must not: circumvent, disable or otherwise interfere with any security related features of the Platform or features that prevent or restrict use or copying of the content accessible via the Platform; create more than one account on the Platform (however, you may, as enabled by the functionality of the Platform connect all your social networks or other services accounts, that we support, to your Account on the Platform; give any false or misleading information in your Account details; permit another person to use the Platform or the Services under your name or on your behalf; use the Platform or the Services if we have suspended or banned you from using them; send junk, spam or repetitive messages; engage in any illegal or unlawful conduct; modify, interfere, intercept, disrupt or hack the Platform or the Services; misuse the Platform or introduce viruses, Trojans, worms, logic bombs or other material which could harm the Platform or the Services or any other user of the Platform's own equipment; collect any data from the Platform or Services other than in accordance with these Terms & Conditions or the functionality of the Services; submit or contribute any content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive; or submit or contribute any information or commentary about another person without that person's permission.

Failure to comply with the Rules constitutes a material breach of these Terms & Conditions, and may result in our taking all or any of the following actions at our sole discretion (with or without notice): immediate, temporary or permanent withdrawal of your right to access the Platform and use our Services; issuing of a warning to you; legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and disclosure of such information to law enforcement authorities as we believe is necessary.

If at any time you do not feel that you can agree to these Terms & Conditions or the Privacy Policy, you must stop using the Services immediately. We may immediately deactivate your Account and end your use of the Services with or without notice and for any or no reason, including if you break any other important rule(s), or conditions we set for accessing and using the Platform or the Services, including these Terms & Conditions.

1.8 You indemnify us
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, and distributors from all liabilities, claims, and expenses, including attorney's fees, relating to or arising out of: your use of, or inability to use, the Platform and/or the Services; your violation of these Terms & Conditions; your violation of any rights of another party, including any other user; or your violation of any applicable laws, rules or regulations. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your Account, these Terms & Conditions or your access to the Platform.

1.9 Our responsibility to you
Any information, including information relating to potential medical conditions, provided to you on the Platform whether written, stated or implied, is for information purposes only. The information is provided "as is" and without warranty of any kind by MediClub. You should not take any steps on the basis of information provided in the Service without first consulting a Healthcare provider. Due to the nature of the internet and technology we are unable to promise and specifically disclaim that your use of the Platform or the Services will be uninterrupted, without delays, error-free, secure or meet your expectations and we do not give any commitment relating to the performance or availability of the Platform or the Services in these Terms & Conditions and, to the extent permitted by applicable law, we exclude any commitments that may be implied by law.

To the extent permitted by applicable law, you understand and agree that in no event will we be liable to you for any damages that are not foreseeable or, even if foreseeable, not directly related to our breach of these terms and conditions or our negligence. We will not be liable for any indirect, incidental, special or consequential damages arising out of or in connection with the Platform, including any information provided to you in connection with the Services or any action or inaction by you resulting from the information we have provided to you. In no event will we be liable to you for any loss of profits or loss of revenue or the procurement of substitute services. In no event will we be liable to you resulting from your interaction with any third party or third-party technology in connection with the Platform.

1.10 Limitation of liability
Subject to the remainder of this clause, our total liability for all losses you suffer arising from or in connection with the use of the Platform or the Services shall be no greater than the amount paid by you for use of the Services at the date of such claim. Nothing in these Terms & Conditions excludes or limits our liability for any liability that cannot be excluded or limited by South African law.

1.11 Third Party Services
Where our Platform or Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of such third-party sites or resources and assume no responsibility for the content of linked or framed information or websites. We will not be liable for any loss or damage that may arise from your use of such sites or resources. You acknowledge and agree that the availability of the App and the Service is dependent on the third party from whom you downloaded the App.

1.12 Feedback, complaints and disputes
If you have a complaint or feedback relating to the Service, in the first instance please contact us at info@nationalhealthcare.co.za and we will attempt to resolve the dispute with you. Complaints should normally be made within 3 months of an incident occurring or of the matter being brought to your attention. You can make a complaint of feedback for yourself or on behalf of someone else provided that you have the person’s written permission or guardianship to do so. We will endeavour to respond to complaints or disputes within a reasonable period. In the unlikely event that we are not able to resolve a dispute informally, we will discuss with you the most effective way of resolving our dispute and this may include mediation or arbitration.

1.13 Changes to the Platform and Services
We are constantly updating and improving the Platform to try and find ways to provide you with new and innovative services and features. Improvements and updates are also made to reflect changing technologies, behaviours and the way people use the internet and our Services. In order to improve and update the Platform, we may need to update, reset, stop offering or stop supporting a part of the Services, or feature relating to the Platform. These Changes may affect your activities on the Platform and the functioning of the Services and the features that you use. From time to time updates to the App may be issued by us or through the App Store or Play Store from which you downloaded the App. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms. We may change these Terms & Conditions from time to time but the most current version will always be available on our Platform. Every time you wish to use the Services, please check the Site to ensure you understand the Terms & Conditions that apply at that time. Older versions of the Terms & Conditions will no longer apply to our relationship and are completely replaced by the current version.

1.14 Governing Law and Jurisdiction
We are based in South Africa and South African law and jurisdiction will apply to all disputes and the interpretation of these Terms & Conditions.

1.15 Electronic Communication
You agree that we may communicate with you through electronic communications and that all electronic communications will satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. All notices given by you to MediClub Plus must be given in writing by email to the address set out below. We may give notice to you by email to the address you provide to us when registering on the Platform.

1.16 Compliance with the Terms & Conditions
If you do not comply with these Terms & Conditions and we do not act immediately, this does not mean we have given up any right we have and we may still act in the future. If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these Terms & Conditions is found to be unenforceable, all other provisions shall remain unaffected. No one other than a party to the Contract shall have any right to enforce any of its terms.

1.17 PRIVACY POLICY
We respect your privacy and personal information and will take care to protect your personal information and keep it confidential. Personal information refers to information that identifies or relates specifically to you. Whenever you use our Platform or Services, we will collect your personal information. This will enable us to find out what services you want; to process your instructions and requests; for research and statistical purposes; to personalise our services to meet your needs; and to send you promotional material that may be of interest to you. We will only disclose, collate and process your personal information with your express written permission or in providing our Service to you unless we are legally required to do so. By using the Platform and Services, or contacting MediClub Plus electronically, you confirm that we may share your and your dependants’ information within the National Health Group of companies where required to provide you with services. Where we share personal information with third parties for research and analysis purposes, all such information collected will be kept strictly confidential and all data will be depersonalized to the fullest extent possible and where appropriate. No personal information will be made available to a third party unless such third party has agreed to abide by strict confidentiality protocols. We will not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. You accept that we may store your personal information outside of the region or country that you may submit or use it in. We will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. Your personal information is stored in databases that have safeguards to ensure the privacy and confidentiality of that information. If you ever want to update or correct any of your personal information, you can e-mail us or you can phone our contact centre. We may enter into arrangements with third parties for them to provide services to you. Those arrangements may require us to disclose your personal information to them. Where services are provided through third parties, we do not exercise control over the privacy policies of those third parties and you should refer to the privacy policy of those third parties to see how they protect your privacy. If at any time, after you have given us your consent, and you no longer wish to have your personal information disclosed to these partners or third parties, you may withdraw your consent.

1.18 Contact
If you want to contact us in relation to these Terms & Conditions or any other document mentioned in them, please email us at info@nationalhealthcare.co.za

Last updated 10 November 2017