disclaimer and conditions
Disclaimer and limits of our responsibility
The information available on this platform is provided for informational purposes only. The information provided on this platform does not constitute medical, health or any other form of advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this platform. Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up to date, or that the platform is secure or free from bugs and/or viruses. Your use of this platform is dependent on factors beyond our control, such as coverage and/or availability of the network Your use of this platform and any of its contents or features is entirely at your own risk.
We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the platform. You are also responsible for ensuring that all persons who access this platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We (including our owners, agents, consultants, employees and any affiliated person(s)) are not responsible for any loss or damages related to your use of, or inability to use, this platform. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages in terms of any contract, delict (breach of a duty of care) or law, and even if we were expressly told that any loss or damage was possible.
You acknowledge and agree that we are not responsible for any loss that may result from:
any technical or other problem (including interruption, malfunction, downtime or other failure) that affects the platform, system or any related online service or database for any reason;
any problem affecting any other goods or services provided by any other party, for example, any telecommunication or Internet service provider, electricity supplier, or local or other authority;
any loss of or damage to any personal information or other data caused directly or indirectly by technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or because of your own negligence; or
any event over which we have no direct control.
Terms and Conditions for the Standard Bank Unu Health Platform (Terms)
Introduction
These Terms apply to you individually and to your use of the Standard Bank Unu Health Platform (the Platform).
Please read the Terms carefully as they are legally binding on you and contain exclusions and limitations on our liability that affect you. You use the Platform at your own risk.
Please pay special attention to the sections that are in bold and italics. These are important clauses that may limit our liability or involve some risk for you.
By accepting the Terms when you sign up to the Platform and by continuing to use the Platform, you agree to these Terms and confirm that you are at least 18 years of age and capable of entering into a legally binding agreement.
The Terms take effect (begin) when you sign up to the Platform and each time you access the Platform thereafter.
We may change the Terms from time to time. The latest version of the Terms applies to you each time you use the Platform.
You must know, understand and comply with these Terms.
Definitions
We have defined some of the words used in these Terms. These words begin with a capital letter. Singular words include the plural and vice versa.
- • sign-up to and access the Platform;
- • allow you to create a personal health profile on the Platform easily accessible through your Device;
- • create your digital membership card;
- • collate your health information (including, without limitation, a digital health record and history, health scores, wellness days, consultations with doctors, nurses and other health care providers) into one platform, helping you track your health goals and improve your access to medical, health care and related information;
- • allow you to assess and review your health growth areas;
- • allow you to access the Product; and
- • provide any other services and/or benefits as may be communicated to you through the Platform from time to time.
Links to other information
We have included links in these Terms to other information that may apply to you. To view these links you will need to copy the entire web address (starting with "http://" or "https://"" and ending with ".html" or ".co.za") and paste it in your browser. You must read any links that apply to you as they form part of these Terms. If you cannot read any linked information, please contact us through the Customer Support Centre.
Signing up
You must access the Platform on a Device by copying the Web Address (starting with "http://" or “https://” and ending with ".html" or ".co.za") and pasting it in your browser. You can also bookmark the Web Address and store it as a shortcut on your desktop or home screen. On accessing the Web Address, you will be prompted to sign up and provide us with your identity or passport number. We will then send you an OTP to validate the identity or passport number that you use to sign up for the Platform.
Following a successful verification, you will be able to access and use the Platform. If you have not been signed up for or taken up the Product, you will not be able to sign up for the Platform. We are not responsible for and have no control over which persons are provisioned for or approved to take up the Product.
You confirm that you have read, understood and accept these Terms. You will also be prompted to agree to us receiving, viewing, sharing and generally Processing your Personal Information. You must ensure that you have read, understood and accepted any terms and conditions applicable to the Product. For the avoidance of any doubt, such Product terms and conditions are strictly between you and the Product provider, we are not a party to nor are we responsible for or liable under such terms.
We may refuse to provide you with access to the Platform if we are unable to verify any information that you provide to us or where you contravene any aspect of these Terms.
Using the platform
You must log in to the Platform using your identity or passport number and the OTP we provide to you.
You must have an active internet connection to be able to access and use the Platform. There are however certain features that may be used even when your internet connection is disabled/offline. You do not need any data or airtime to access and use the Platform. We may change this or charge other fees (or add features or functions) at our discretion. We will tell you about this before we do it.
You must use a Device suitable for the Platform. If you do not, the Platform may not be accessible or work properly. You must use and update hardware and software (computer equipment, security upgrades and programs) suitable for this Platform and for any features. If you do not, the Platform may not work properly, which could decrease functionality and prevent your access to the Platform.
You will be able to view your health information (such as create a health profile, track your health score, view your benefits etc.) at any time through the Platform. You will also be able to control the features (such as favouriting frequently used features) and the accessibility of the Platform on your Device, without limiting the functionality of the Platform.
Any Data or other content that is made available to you through the Platform relates to your health activities based on Data you input to the Platform or Data we have received from third parties who have provided services to you as part of your use of the Product benefits.
In addition to the Personal Information you provide on the Platform when you sign up, you will be prompted by the Platform to provide further Personal Information based on your health decisions, goals and aspirations. The Data we collect based on your use of the Platform (taps, screen time, location, etc.) may be Processed to create personalised insights which may relate to products, services or events offered by the Group or our third-party service providers with no obligation for you to purchase, use, attend or to enter into an agreement, unless you expressly indicate that you wish to engage with one of our third party service providers.
We reserve the right, without notice, to include advertising content or Data on the Platform, but we will not send or share any of your Personal Information except as set out in these Terms.
As a user of the Platform, you may receive communications from us electronically, including but not limited to email, SMS and WhatsApp. If you do not wish for us to communicate with you through a specific channel, you may change the way you receive your communication on the Platform.
When you access this Platform or any features therein (including but not limited to the Product), you agree to the following:
the posting of any defamatory, abusive, profane, offensive, illegal or threatening material is strictly prohibited;
this platform is intended to be safe and helpful. this means that everyone is treated equally and with respect, regardless of any defining characteristic. defining characteristics include religious preferences, disability, experience, gender identity and expression, sexual orientation, personal appearance, race, ethnicity, age and nationality; and
no harassment is allowed on this platform and you agree that you will not intimidate anyone.
Any breach of clause 5.9 may result in your access to the Platform being blocked.
Our intellectual property
The Platform is owned, registered and operated by the Platform Owner.
The Platform Owner owns and will continue to own the Intellectual Property Rights in and to the Platform (including any updates to it) and all content in it or sent to and from it.
Even if any content on the Platform is not confidential or there are no Intellectual Property Rights in it, the Platform Owner owns the content and you have no rights in it.
We give you the right to use the Platform subject to these Terms and any other terms or conditions that may apply to you from time to time. Your right to use the Platform may be taken away at any time. Other persons will be allowed to use the Platform at the same time as you, but the profile you create on the Platform is for your exclusive use. You must not grant or transfer any rights of use or any other rights in respect of the Platform, the Intellectual Property Rights in it, or any content on it (including content belonging to third parties) to any other person.
You may only use the Platform in line with and for the purposes set out in these Terms, but not for any other purposes. You will not use interactive services (including but not limited to the WhatsApp or the telephone call centre service) in a way that is intended to harm, or could result in harm, to you or to other users or any other person rendering services to you through the Platform.
Your right to use the Platform and the Intellectual Property in it will start when you register for the Platform and will continue until it ends in line with these Terms.
You must not use the Platform or any Intellectual Property in it for any commercial gain.
You must not copy, adapt, modify, alter, de-compile, reverse-engineer, attempt to derive the source code of, create derivative works of or otherwise attempt to reproduce the Platform, the Intellectual Property in it, its content, its design, any updates to it, any proprietary features in or to it or any parts of it. This also applies to any content belonging to third parties that is found on the Platform.
You must not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise, or any other reference to the Platform in a manner that contravenes the Intellectual Property rights or otherwise than permitted in these Terms.
We are not responsible for any actions, claims, costs, demands, expenses or other liabilities incurred or suffered in connection with your unauthorised use of the Platform or any Intellectual Property Rights in it.
The rights and benefits in this clause 6 that are for the benefit of the Platform Owner, may be accepted by the Platform Owner at any time.
Using and sharing your personal information
You give consent for us to collect your Personal Information from you and, where lawful and reasonable, from public sources and/or third-party service providers that provide you or us with services as part of the Product features or the Platform. Such Personal Information will be collected, shared and/or generally Processed by us and/or our third-party service providers for fraud prevention and compliance purposes, as well as any other purposes set out in these Terms.
You specifically consent to us sharing your Personal Information, particularly your private medical information (including consultations with medical service providers, procedures, diagnoses, medication prescribed, codes and medical aid information), with our third party service providers for them to Process it as may be necessary to render services to you as part of the Product or for your continued access to features and benefits in the Platform. You acknowledge and agree that our third-party service providers may obtain your Personal Information from any person (including other third-party services providers, private and/or public platforms that may be in possession of such information).
You confirm that, if you give us Personal Information about or on behalf of other persons (including beneficiaries and dependants), you are authorised to: (a) give us the Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically any cross-border transfer of Personal Information to, from and outside the country where the Products or services are provided; and (c) receive any privacy notices on their behalf.
You give consent for us to Process your Personal Information:
to offer products and services to you under these terms, including but not limited to the manner referred to in clause 5.6 and provide any other products and services for which you may apply;
so that we may carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (which includes improving existing products and services and developing new ones);
in countries outside the country where the products or services (including technological support services) are provided (which countries may not have the same data protection laws as the country where the products or services are provided), where we can, we will ask the receiving party to agree to our privacy policies;
by sharing your personal information with our third-party service providers, locally and outside the country where the products or services may be provided (we ask people who provide services to us to agree to our privacy policies if they need access to any personal information to provide their services); and/or
within the group.
You will find our Processing practices in the Group's privacy statement and cookies policy. These statements are available on the Group's websites (Privacy-statement) or on request.
We and/or our third-party service providers (as applicable) may also use your Personal Information to:
send you technical notices, updates, security alerts and support and administrative messages;
respond to your comments, questions and requests;
communicate with you about the product, other products, services, offers, promotions, rewards and events offered by us and provide news and information we think will be of interest to you;
personalise and improve the product and the services we provide you;
meet the requirements of any applicable law, regulation or legal process;
investigate fraud inside and outside the platform;
provide you with customer support when things go wrong;
improve and build features and services you or other users may want; and
offer products and services to you based on your health decisions, interests, goals and aspirations which we process from data that you have provided to us through the platform.
Some of the features and benefits accessed through our Platform are provided by third-party service providers. You expressly agree that your Data may be shared with or collected from these third party service providers. You specifically consent to us collecting the Data you share through your interactions with any features and/or benefits of the Product and that we may deidentify this Data (make it general) and share it with our third-party service providers and use it for statistical purposes.
You acknowledge that we only provide the Platform on which the third-party service providers offer solutions, features and benefits, as part of a Product, to you and that we are not responsible or liable for the actions and omissions of the third-party service providers.
You further acknowledge and agree that we are not responsible or liable for any failure, non-compliance, non-performance or any harm/losses suffered as a result of the Product not performing according to any expectations (created during the purchase or signing up for such Product or anytime thereafter) and/or according to the terms and conditions applicable to the Product.
We will store and destroy your Personal Information in accordance with Applicable Laws.
Accuracy of data
Since you communicate with us using a Device when you use the Platform, there is no direct personal contact between you and us. We will act on all Data which appears to come from you, even if it is actually coming from someone pretending to be you or someone else using your Device to assist you.
We will assume that any activity or Data that we receive from you through the Platform is genuine, complete and accurate.
Security for the app
We are not responsible for any loss or damage you may suffer because someone used your Device to access the Platform. You must password-protect your Device to protect you against any fraudsters/hackers who might try to impersonate you.
Once you have signed up on the Platform, we will never send you a link or any other form of communication asking for your Personal Information.
Your responsibility for your loss or damages
We will not cover (pay for) any loss or damage that you may suffer because:
you breached any of these Terms;
you violated any third party’s rights, including Intellectual Property Rights;
someone used your Device to access the Platform without your permission.
Disclaimer and limitation of liability (limits on our responsibility to you)
Your use of the Platform depends on factors beyond our control, such as the network coverage or availability of your mobile network operator or ISP. We are not legally liable and cannot be blamed for any loss or damages you may suffer if you cannot access the Platform due to factors beyond our control. You waive (give up) any claim against us if this happens. You agree that you use the Platform at your own risk.
We do not guarantee that any file, download or application on the Platform is safe to use on any Device. We also cannot guarantee that the Platform does not have software or data that can negatively affect a Device, such as viruses, trojans and other malicious (dangerous) software. By using the Platform, you acknowledge and accept these risks.
Data on the Platform is provided as is and we will not be responsible for any loss or damages that may follow if you rely on it. The Data provided on the Platform is provided for informational purposes and does not constitute medical, health or other advice. We do not guarantee that the Platform or any Data provided through the Platform is fit for any particular purpose, you are responsible for ensuring that Data provided through the Platform meets your specific requirements and you should obtain independent advice where necessary.
We do not accept liability for any services provided by third party service providers, including the Product or any benefits/features that form part of the Product accessed via the Platform. We do not accept liability for any third-party advertising material on the Platform.
We aim to keep the Platform and associated services and features available and running. However, all online services suffer occasional disruptions and outages. We are not liable for any direct or indirect loss or damages related to your use of the Platform for any reason, even if we were told that loss or damages may occur. We are not liable for any loss or damages caused by:
any technical problem, error or other problems (interruption, malfunction, downtime or other failures) that affects the platform, a third-party system or any part of any database for any reason;
loss of or damage to any data due to technical problems, power failures, unlawful acts (such as data theft), a harmful computer program or virus or your own negligence (lack of care);
any decision, conduct or action taken in relation to your personal health;
any event that we have no direct control over.
References in this clause 11 to "we" and "us" includes our owners, employees, consultants, partners, agents or any person or entity connected to the Group; and the rights and benefits in this clause 11 that are for their benefit may be accepted by them at any time.
Warranties (promises) made by you
You confirm that:
you have full contractual capacity and no court has declared you mentally unfit;
you have given us the correct Data;
you have read, understood and agree to these Terms (and any other terms relevant to the benefits and products to be made available in the Platform) before making use of the Platform.
Announcements about changes or updates to these terms
We may make announcements to you about changes or updates to these Terms or to any of our services. We may do this through the Platform, by sending you an SMS or by using another form of communication technology.
If an announcement about the Platform has contractual (legally binding) terms relating to the Platform, these new or updated terms will be seen as being included in these (original) Terms. By continuing to use the Platform, you agree to these updated terms.
If you do not agree to the updated Terms, you must not use the Platform anymore
You are not allowed to change any of these Terms.
Cancelling these terms
You can deregister from the Platform at any time.
We may end our relationship with you and stop you from using the Platform by blocking your identity or passport number. We do not need to give you a reason for this. We also do not have to give you notice and we may close or block your identity or passport number immediately if:
we believe or suspect you are using the platform wrongly or unlawfully (illegally);
we must do this for legal reasons;
we suspect that you are attempting to compromise or interfere with our systems; or
we suspect that your use of the platform breaches any of these terms or is in contravention of any applicable laws.
Ending our relationship with you for any reason will result in the cancellation of your access to and your use of the Platform and the Intellectual Property in it and you must immediately stop all use of the Platform and the Intellectual Property in it.
Where legal documents and notices will be sent
We choose the following address (our domicilium citandi et executandi) for the service or delivery of any legal documents:
9th Floor, Reception 1
Standard Bank Centre
5 Simmonds Street
Johannesburg
South Africa
2001
Attention: Head: Group Legal Division
With a copy emailed to: info@unuhealth.org
We may use the email address that we have on record for you as the address where any legal documents or notices may be served or delivered to you (your domicilium citandi et executandi).
Law governing our relationship
South African law will govern these Terms. You also consent to the exclusive jurisdiction of South African courts.
General provisions
Headings in these Terms are for information only and must not be used to interpret them.
South African time applies when any dates or times are calculated.
If any dispute results from technical issues related to the Platform, a court or arbitrator will interpret the Terms practically, without focusing too much on technical issues.
No extension of time or other indulgence we may allow you will affect any of our rights, whether the extension or indulgence is express or implied. We do not waive (give up) any of our rights.
If any clause in these Terms is invalid or illegal or cannot be enforced, the other clauses will still be valid.
You are responsible for making sure that you never use the Platform for any illegal purpose.
General provisions
If you have any questions about the Platform or if there is anything about these Terms that you do not understand, please contact us through the Customer Support Centre.
If you have a complaint or query relating to the Product, you must contact the Product provider directly.
