COMPCARE WELLNESS

Legal, Security & Privacy

1. Definitions

In this User Agreement, the words below have the following meanings assigned to them:

  1.  “Universal Apps” means any online application software that is provided by or is connected with Universal that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device
  2.   Site” means collectively our website/s and the Universal Apps.
  3.  “we”, “us”, “our” means Universal Healthcare (Pty) Ltd (hereinafter refer to as Universal Healthcare)
  4.  “website” means the internet set with “Universal Healthcare” in the address on the domain of www.universal.co.za
  5.  “you” and “your” means the user of the website.
  6.  “Pass” means digital representation of information you would normally carry in your wallet, for example, membership cards, boarding passes, event tickets and vouchers.
  7.  “personal information” means  information relating to you or any other living person or existing legal entity, including but not limited to –
  • information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  • information relating to the education or the medical, financial, criminal or employment history of the person;
  • any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
  • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  •  the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,

provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.

2. Consent

2.1.  You use the Universal Healthcare website subject to the conditions set out below. The conditions may vary from time to time. You are to familiarise yourself with this Agreement regularly. 

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 Universal Apps;

2.2.3. any third party website or mobile application licensed to us;

2.3. 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). Universal cannot be held responsible for these charges. When you install or download the Universal Apps, you may be required to accept the terms and conditions or the end user licence agreement (collectively, an “EULA”) of a third-party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that, the EULA is part of this user agreement and will apply to your use of the Universal Apps.

2.4. You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.

3. Disclosure of all relevant facts

3.1 You guarantee that you have fully disclosed all material facts. Any breach of your duties under this Agreement may lead to the contract or any transactions arising from the contract being rendered void.

3.2 You guarantee that all information you provided at any time to us via this website, in writing, or to our staff within our call centres, will be true and correct.

3.3 We will require certain personal and financial information from you. It is in your best interest to keep the information up-to-date and accurate.

4. Electronic transactions, communication and records  

4.1.      By electing to utilise electronic communication as the channel to be utilized by the parties, you accept the risk.

4.2.      You authorise us to act on the information that you submit electronically.

4.3.      You further agree that all records will be stored electronically by us or our agents and such electronic record will constitute conclusive proof of the contents of such record, unless proved otherwise by you.

4.4.      Any e-mail sent to you will be deemed to have been received by you upon dispatch by us.

4.5.      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 Universal, you may change the way you receive your communication on the website, or you can phone our contact centre.

4.6.      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.

4.7.      We are committed to keeping your information confidential. We take all reasonable steps to protect your personal information and maintain confidentiality. However, we cannot guarantee the security of any information you transmit to us online and you do so at your own risk.

5. What do we do with the information we collect?

5.1   We will use the information to personalise your experience, service your policy, and to directly communicate with you.

5.2   We will disclose information when required to do so:

5.2.1.                by any regulatory authority (like the Financial Services Board) and the regulators they appoint for the various financial sectors

5.2.2.                to comply with any regulation passed under the relevant legislation, or any legal process

5.2.3.                by any stock exchange and its related clearing house

5.2.4.                to protect and defend Universal Healthcare rights and property (including our intellectual property).

5.2.5.                to our partners you might have enrolled with or who’s services you are making use of

6. Parties other than Universal Healthcare also collect information

      Some advertisers, service providers or websites that have links on our web site may collect personal information about you when you access or use their links. We do not control the collection or use of such information. This document does not apply to these websites and their advertisers.

We do not give any warranty about any other website, software or hardware, including their security or performance.

7. Copyright

7.1.      This website is the property of Universal Healthcare. The web site and content thereof, the intellectual property and all software are protected by copyright. All rights in the Universal Healthcare trademark, logo, computer code, tools, calculators and devices remain the sole property of Universal Healthcare. Our software or data may not be decompiled, reverse-engineered, or disassembled, or used in any manner whatsoever.

7.2.      You agree that if you breach the terms of this clause 7, Universal will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. Universal 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.

7.3.      Nothing on the Site should be regarded as granting any licence or right to use any trademark without Universal’s prior written permission and/or that of any third party.

7.4.       Universal tries to ensure that the most sophisticated technology protects the information on the Site. However, Universal 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.

8. Warranties

8.1.      You warrant your identity (i.e. you are who you say you are) and that you can prove your identity should you be required to do so.

8.2.      You will keep your login name and password confidential.

8.3.      You agree to follow these rules when using the Secure Services website:

8.3.1.                Provide us with information that is truthful and correct at all times.

8.3.2.                Do not share your access rights, username, user number, verification code or password with anyone else.

8.3.3.                Do not allow your user number or username to be saved on the web browser, even if prompted.

8.3.4.                Do not leave your internet browser unattended while you are in an active browser session

8.3.5.                Log off after each session.

8.3.6.                Provide us with a valid cell phone number and email address so we can communicate with you, and keep us updated of any changes to the cell phone number or email address at all times.

8.3.7.                Inform us if your cell phone is stolen or lost.

8.3.8.                Protect your information to prevent an unauthorised SIM swop.

8.3.9.                Present us with an original, valid identity document to verify your identity if we request you to do so.

8.3.10.             Inform us of any change in your legal status, such as being placed under administration or under curatorship or being sequestrated.

8.3.11.             Make use of the services of a professional financial services adviser before making any decision based on any information on the Secure Services website.

8.4.      Any use of the login name and password by any person shall be deemed to be used by you.

8.5.      We will not ask you to disclose your password in an unsolicited phone call or written correspondence.

8.6.      Universal Healthcare reserves the right to refuse to provide services to you if we are unable to verify or authenticate any information provided to us by you.

9. Indemnity

9.1.      All information, including products and services or any terms or conditions pertaining to them, is subject to change at any time.

9.2.      You agree to fully indemnify Universal, its directors, and employees, the board of trustees of the scheme and the employees of the scheme, and will not hold us responsible for any claim relating to your use of the Site.

9.3.      You agree to fully indemnify Universal, its directors and employees, the board of trustees of the scheme and the employees of the 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.

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

9.5.      Universal is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.

9.6.      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.

9.7.      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 Universal is not responsible, and will not be held liable, for any information or content, received from these external sources. Universal Healthcare is not responsible for any defects in, malfunctions of, or inaccuracies in the performance of any calculators used in the calculations.

9.8.      All calculations made on the website are approximations, are meant as guidelines only and should be confirmed before relying on them.

9.9.      All services provided via this website are subject to confirmation at the time of the finalising of any transactions.

9.10.   Some of our information is derived from external sources. We are not responsible for the incorrect information received from these external sources.

9.11.   While we make every effort to ensure that the information is accurate and up to date, Universal Healthcare makes no representations or warranties about the suitability of the products that appear nor about the soundness or correctness of the content on the website.

10. Phishing and spoofing

10.1.   If you receive an unsolicited e-mail that appears to be from Universal 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 Universal information by clicking on a link, it is most likely that the e-mail was sent by a “phisher” or “spoofer.”

10.2.   Universal 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. Universal cannot be responsible for any consequences resulting from your response to any email sent by a “phisher” or a “spoofer”.

11. Disclaimer

       We are not responsible for any direct or indirect loss or damages that may arise from:

11.1.   the reliance on the information obtained from this website.

11.2.   any of the events described in this paragraph and the paragraph below.

11.3.   your actions or omissions that result in a breach of this Agreement.

11.4.   links with other websites over which we cannot control the content of or the products offered on those websites.

11.5.   a denial of access to the website should we believe that you are conducting activities that are illegal, abusive, attack the integrity of the site or put Universal Healthcare into disrepute. We are committed to providing you with the best possible service. However, we are not responsible for:

11.5.1.             any negligent act or omission by us.

11.5.2.             inaccurate or inadequate information obtained from the web site from inaccurate information supplied by you.

11.5.3.             interrupted, failed or delayed transmission, delivery or storage of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond our control.

The information contained in this website is not to be construed as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult your financial adviser should you require advice.  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.

12. 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.

13.       General Provisions

12.1.   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.

12.2.   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.

12.3.   No failure or delay by Universal 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. 

14. Enforcement of breaches

If you violate any of the terms and conditions, we may, in our sole discretion:

  • withdraw or suspend your username or user number
  • stop providing services to you
  • institute legal proceedings against you, for which we will be entitled to recover all damages we have suffered due to your breach, including the cost of legal fees on an attorney-and-own-client scale.

The law of South Africa will apply to all legal matters relating to this website. We may refer any dispute to an arbitration proceeding to be held in Cape Town under a practising senior advocate with at least 10 years’ experience in practice, who is appointed by the Arbitration Foundation of Southern Africa (AFSA). The arbitration will follow the rules of AFSA. Any legal action will take place in the Western Cape Provincial division of the High Court. Either you or we may apply for interim or urgent relief to this Court.

15. Permission to linking to our website

No one may create a link or reference to our website without first obtaining our written consent to do so.

16. Hardware and software

 We do not warrant that any file, download or application available on the website is safe to use on any computer. We cannot guarantee that our website contains no software or data that can negatively affect a computer system such as viruses and other malicious software.