USER AGREEMENT

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE.

GENERAL TERMS AND CONDITIONS

Definitions

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

•  “we”, “us”, “our” and “the Scheme” means TFG Medical Aid Scheme or its authorised representatives

•  “website” means the internet site with the address www.tfgmedicalaidscheme.co.za

•  “you” and “your” means the user of the web site.

1. Consent

Your use of this website is subject to the conditions set out below. These conditions may change from time to time, so please familiarise yourself with the Agreement regularly.

By using this website, you signify your assent to this User Agreement. If you do not agree to all of this User Agreement, please do not continue to use this site. Your continued usage of the TFG Medical Aid Scheme website will also mean you accept all of the Terms and Conditions.

You also understand and accept that this User Agreement applies to any information accessed via this website.

You hereby indemnify and hold us harmless from any claims, lawsuits, proceedings, costs, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime arising out of or relating to my use of the website or information.

2. Warranties

1. You warrant your identity (in other words you are who you say you are) and that you can prove your identity if we require you to do so.

2. We reserve the right to refuse to provide services to you if we are unable to verify any information you provided us with.

3. You are required to keep your access details confidential and not allow other people to use it.

4. Any use of your access details shall be deemed to be used by you.

3. Full disclosure of all relevant facts

1. You guarantee that all information provided at any time to TFG Medical Aid Scheme via this website, in writing, or otherwise, will be true and correct.

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

3. We might need certain personal and financial information from you. It is in your best interest to keep the information up-to-date and accurate.

All chronic conditions and medicines have to be applied for through the Chronic Illness Benefit. The display of Chronic Drug Amounts and formularies (medicine lists) is not a guarantee of funding of any of these items. All chronic conditions and medicines are subject to application and approval through the Chronic Illness Benefit.

4. Electronic communication and records

1. You hereby accept electronic communication as the medium to be utilised by yourself and TFG Medical Aid Scheme. You authorise us to act on any information you send electronically, and you further agree that all records will be stored electronically by us. Such electronic records shall constitute conclusive proof of the contents of such record, unless you can prove otherwise.

2. Any electronic communication (e.g. an email or SMS) sent to you will be deemed to have been received by you upon dispatch by TFG Medical Aid Scheme.

3. As a registered user of the website, you will receive all communications via email. Should you wish not to receive communications via email from TFG Medical Aid Scheme, you may change the way you receive your communication on the website, or you can phone our contact centre.

4. We take all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security of any information you transmit to us online and you do so at your own risk.

5. Copyright

1. All elements of the website, including, but not limited to, the general design and the imagery, are protected by trade restrictions, copyright, moral rights, trademark and other laws relating to intellectual property rights.

2. Except if explicitly permitted under this or another agreement with TFG Medical Aid Scheme or one of its subsidiaries, no portion or element of this website or its content may be copied or retransmitted via any means.

3. This website, its content and all related rights shall remain the exclusive property of TFG Medical Aid Scheme or its licensors, unless otherwise expressly agreed. Any unauthorised use, alteration or dissemination of information on this website is prohibited.

4. Should a user breach the terms of this clause, TFG Medical Aid Scheme will have the right to claim damages which claim shall include the right to claim special, incidental, consequential or indirect damages. We will also be entitled to claim for loss of profits and loss of business and shall be entitled to recover legal costs on a scale as between attorney and own client.

6. Disclaimer

1. We are totally committed to providing you with the best possible service. However, we are not responsible for:

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

b. any negligent act or omission by TFG Medical Aid Scheme.

c. any inaccurate or inadequate information obtained from the website supplied by you.

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

a. any of the events described in this paragraph and the paragraph above.

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

c. links with other web sites over which we cannot control the content of, or the products offered on, those sites.

d. a denial of access to the website if we believe that you are conducting activities that are illegal, abusive, attack the integrity of the site or put us in disrepute.

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

3. The information contained in this web site 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 if you require financial services.

7. Indemnity

1. While we make every effort to ensure that the information is accurate and up to date, we make no representations or warranties about the suitability of the products that appear or about the soundness of the content on the website.

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

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

4. TFG Medical Aid Scheme is not responsible for any defects in, malfunctions of, or inaccuracies in the performance of any calculators used in the calculations.

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

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

8. Phishing and spoofing

If you receive an unsolicited e-mail that appears to be from TFG Medical Aid Scheme that requests personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your TFG Medical Aid Scheme information by clicking on a link, that e-mail was sent by a "phisher" or "spoofer."

TFG Medical Aid Scheme will never ask for this type of information in an e-mail, and we bly recommend that you do not respond to such e-mails and that you do not click on the link. Responding to “phishing” places you and your personal information at risk.

9. Linking to third party websites

This website may contain certain images and links to other third party websites with information and material produced by other parties. These linked websites are not under the control of TFG Medical Aid Scheme and TFG Medical Aid Scheme is not responsible for the content of any linked website, including, without limitation, any link contained in a linked website, or any changes or updates to a linked website.

TFG Medical Aid Scheme is providing these links to you only as a convenience, and the inclusion of any links does not imply endorsement by TFG Medical Aid Scheme of the linked website, their business or security practices, or any association with its operators.

10. Applicable law

10.1. By visiting the Site, you agree that the laws of the Republic of South Africa will govern this user agreement and any dispute of any sort that might arise between you and TFG Medical Aid Scheme in respect of the formation, interpretation, substance or application of this user agreement.

11. Severability

11.1. Whenever possible, each provision of this user agreement shall be interpreted in a manner which makes it effective and valid under applicable law, but if any provision of this user agreement is held to be illegal, invalid or unenforceable under applicable law, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement, all of which shall remain in full force.

SPECIFIC TERMS AND CONDITIONS TO MICROSITES

1. The information contained in this website is general in nature and is intended for use solely as an educational aid.

2. The information is intended to supplement, where appropriate, and in no way substitute the expertise and judgement of your physician, pharmacist or other healthcare professional.

3. You are advised that decisions regarding the diagnosis and treatment of a medical condition, including decisions regarding drug therapy, are complex medical decisions requiring the independent and informed judgement of your appropriate healthcare professional.

4. All specific questions regarding the treatment and care of a medical condition should be posed to your own healthcare professional.

5. TFG Medical Aid Scheme, its suppliers, licensees and sub-licensees are not responsible for any decisions you may make resulting from the use of the information including, but in no way limited to, your choosing to seek or not to seek professional medical care or your choosing or not choosing specific treatment. The views expressed on this website are not necessarily those of TFG Medical Aid Scheme, or its agents, nor are the products advertised herein necessarily covered as benefits in terms of the rules of the TFG Medical Aid Scheme, nor are they necessarily endorsed by TFG Medical Aid Scheme. We do not in any manner endorse, assume responsibility for, or recommend the use of any drug or treatment method described on this website.

6. In the event of contradictions or disputes, the rules of TFG Medical Aid Scheme will always prevail.

D. Specific terms and conditions for TFG Medical Aid Scheme SMS notifications:

These terms and conditions apply to the specific services described below, and should be read and understood together with the general terms and conditions set out above.

By using the short message service (SMS) notification service you agree to be bound by these terms and conditions:

1. I acknowledge that for information about my membership to be retrieved after a request sent by SMS, TFG Medical Aid Scheme requires the cellphone number from which the SMS is sent to have been recorded and confirmed as belonging to me or one of my registered dependants.

2. I undertake to ensure that TFG Medical Aid Scheme has recorded my cellphone number and that this recorded number will be automatically confirmed as belonging to me or one of my registered dependants.

3. I shall notify TFG Medical Aid Scheme should my cellphone number or the cellphone number(s) of my registered dependant(s) change.

4. I acknowledge that information about my Vitality points and status is dependent on information that has been received from Vitality partners and processed by Vitality at the time of the request for information.

5. I acknowledge that TFG Medical Aid Scheme has the right, in its sole and absolute discretion, to discontinue this service or to change it at any time, in which event TFG Medical Aid Scheme will endeavour to provide notification of the changes or the discontinuation of the service.

6. I hereby, to the fullest extent permissible by applicable law, indemnify and hold Discovery Health (Pty) Limited, its holding company and its holding company’s subsidiaries, each medical scheme it administers and all respective employees, directors, trustees and representatives harmless against any and all loss and damages of whatsoever nature arising out of or in connection with:

§ the information sent after using this service; and

§ any use and abuse or both of this service by any person on my membership, including, without limitation, any person using my cellphone number(s) either with or without my consent.

7. I acknowledge that TFG Medical Aid Scheme is entitled to amend these terms and conditions from time to time, in which event TFG Medical Aid Scheme will endeavour to provide notification of the changes.

E. Supplemental information made available to you on the Site

TFG Medical Aid Scheme

The information contained on this section of the website is general in nature and is intended for use solely as an educational aid. The information is intended to supplement other information where appropriate and is in no way a substitute for the expertise and judgement of your physician, pharmacist or other healthcare professional. You are advised that decisions about the diagnosis and treatment of a medical condition, including decisions about drug therapy, are complex medical decisions requiring the independent and informed judgement of your appropriate healthcare professional. All specific questions about the treatment and care of a medical condition should be posed to your own healthcare professional.

TFG Medical Aid Scheme will not be responsible for any loss or damage resulting from the use of the information presented on this section of the website for any reason. TFG Medical Aid Scheme, its suppliers, licensees and sub-licensees are not responsible for any decisions you may make resulting from the use of the information provided on this section of the website including, but in no way limited to, you choosing to seek, or not to seek professional medical care, or your choosing or not choosing specific treatment. You waive any claim you may have or acquire against TFG Medical Aid Scheme and indemnify and hold TFG Medical Aid Scheme harmless from any claims, lawsuits, proceedings, costs, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime arising out of or relating to your use of the information provided on this section of the website.

You assume full responsibility for ensuring the appropriateness of using and relying upon the information provided on this section of the website, in particular taking your own circumstances into account.

The views expressed on this section of the website are not necessarily those of TFG Medical Aid Scheme, or its agents, nor are the products advertised herein necessarily covered as benefits in terms of the rules of the TFG Medical Aid Scheme, nor are they necessarily endorsed by TFG Medical Aid Scheme. While every effort has been made to ensure the accuracy of the information, neither TFG Medical Aid Scheme, nor any of its staff or its agents will be held responsible for any omissions or errors, or for any misfortune, injury or damages which may arise from the use of this section of the website.

TFG Medical Aid Scheme does not in any manner endorse, assume responsibility for, or recommend the use of any drug or treatment method described on this section of the website. This section of the website contains content provided by third parties of whom TFG Medical Aid Scheme is merely a distributor, and not the author. The information and services available on this section of the website are provided with no warranty, whether express or implied. TFG Medical Aid Scheme makes no representation about the suitability of this information and content for any purpose whatsoever.

NOTE: The information contained in these databases is general in nature and is intended for use as an educational aid. The information is intended to supplement, not substitute, the expertise and judgment of your physician, pharmacist or other healthcare professional. It should not be construed to indicate that the use of the drug is safe, appropriate, or effective for you. Consult your healthcare professional before taking this drug.