User Agreement

Please read this user agreement carefully before using this website.

A. General terms and conditions

Definitions

In this User Agreement, the words below mean the following:

• “we”, “us”, “our” and “the Scheme” means BMW Employees Medical Aid Society or its authorised representatives.

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

• “microsite” means a small auxiliary (support) website designed to function as a supplement the main website.

• “you” and “your” means the user of the website.

1. Consent

By using this website, you agree 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 BMW Employees Medical Aid Society 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 through this website.

2. Changes to this User Agreement

2.1. Your access to and use of this website is determined by the conditions set out below. These conditions may change from time to time. Please familiarise yourself with the User Agreement regularly.

2.2. The current version of this user agreement will apply each time that you access and use the website.

3. Warranties

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

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

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

3.4. Any use of your access details is thought to be used by you.

4. Full disclosure of all relevant facts

4.1. You guarantee that all information provided at any time to BMW Employees Medical Aid Society using this website, in writing, or otherwise, will be true and correct.

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

4.3. 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 will apply depending on application and approval through the Chronic Illness Benefit.

5. Electronic communication and records

5.1. By using this website, you accept electronic communication as the medium to be used by yourself and BMW Employees Medical Aid Society. 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 will constitute conclusive proof of the contents of such record, unless you can prove otherwise.

5.2. Any electronic communication (for example, email or SMS) sent to you will be thought to have been received by you upon dispatch by BMW Employees Medical Aid Society.

5.3. As a registered user of the website, you will receive all communications through email. If you wish not to receive communications by means of email from BMW Employees Medical Aid Society, you may change the way you receive your communication on the website, or you can phone our contact centre.

5.4. 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.

6. Copyright

6.1. 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.

6.2. Except if explicitly allowed under this or another agreement with BMW Employees Medical Aid Society, no portion or element of this website or its content may be copied or retransmitted using any means.

6.3. This website, its content and all related rights remain the exclusive property of BMW Employees Medical Aid Society or its licensors, unless otherwise expressly agreed. Any unauthorised use, changes or distribution of information on this website is forbidden.

6.4. If a user breaches the terms of this clause, BMW Employees Medical Aid Society will have the right to claim damages which will include the right to claim special, incidental, consequential or indirect damages. BMW Employees Medical Aid Society will also be entitled to claim for loss of profits and loss of business and will be entitled to recover legal costs on a scale as between attorney and own client.

7. Disclaimer

7.1. 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 BMW Employees Medical Aid Society.

b. Any inaccurate or inadequate information obtained from the website supplied by you.

7.2. We are not responsible for any direct or indirect loss or damages that may result 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 User 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.

7.3. The information contained in this website is not to be taken as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please talk to your financial adviser if you need financial services.

8. Indemnity

8.1. While we make every effort to make sure that the information on this website is accurate and up to date, we make no representations or warranties about the suitability of the products that appear on the website.

8.2. You agree to fully indemnify us 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 resulting out of or relating to your use of the website or information.

8.3. All information, including products and services or any terms or conditions relating to them, may change at any time.

8.4. All calculations made on the website are estimates. They, are meant as guidelines only and need to be confirmed before relying on them.

8.5. BMW Employees Medical Aid Society is not responsible for any defects in, malfunctions of, or inaccuracies in the performance of any calculators used in the calculations.

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

8.7. You accept that some information on the website is obtained from external sources. We are not responsible for the incorrect information received from these external sources.

9. Phishing and spoofing

9.1. If you receive an unsolicited email that appears to be from BMW Employees Medical Aid Society that requests personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your BMW Employees Medical Aid Society information by clicking on a link, it is most likely that email was sent by a "phisher" or "spoofer."

9.2 .BMW Employees Medical Aid Society will never ask for this type of information in an email, and we 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.

10. Linking to third party websites

10.1. 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 BMW Employees Medical Aid Society and BMW Employees Medical Aid Society 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.

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

11. Applicable law

11.1. By visiting the website, 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 BMW Employees Medical Aid Society in respect of the formation, interpretation, substance or application of this user agreement.

12. Severability

12.1. Whenever possible, each condition of this User Agreement will be interpreted in a manner which makes it effective and valid under applicable law. If any condition of this User Agreement is held to be illegal, invalid or unenforceable under applicable law, that illegality, invalidity or unenforceability will not affect the other Conditions of this User Agreement, all of which will remain in full force.

13. Specific terms and conditions to microsites

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

13.2. 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.

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

13.4. All specific questions about the treatment and care of a medical condition need to be posed to your own healthcare professional.

13.5. BMW Employees Medical Aid Society, 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, you choosing to seek or not to seek professional medical care or you choosing or not choosing specific treatment.

13.6. The views expressed on this website are not necessarily those of BMW Employees Medical Aid Society, or its agents, nor are the products advertised within the website necessarily covered as benefits in terms of the rules of the BMW Employees Medical Aid Society, nor are they necessarily endorsed by BMW Employees Medical Aid Society. We do not in any manner endorse, assume responsibility for, or recommend the use of any drug or treatment method described on this website.

13.7.  In the event of contradictions or disputes, the rules of BMW Employees Medical Aid Society will always prevail.

BMW Employees Medical Aid Society

1. 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 needing the independent and informed judgement of your appropriate healthcare professional. All specific questions about the treatment and care of a medical condition need to be posed to your own healthcare professional.

2. BMW Employees Medical Aid Society 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. BMW Employees Medical Aid Society , 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

3. You set aside any claim you may have or gain against BMW Employees Medical Aid Society and indemnify and hold BMW Employees Medical Aid Society harmless from any claims, lawsuits, proceedings, costs, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime resulting out of or relating to your use of the information provided on this section of the website.

4. 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.

5. The views expressed on this section of the website are not necessarily those of BMW Employees Medical Aid Society, or its agents, nor are the products advertised herein necessarily covered as benefits in terms of the rules of the BMW Employees Medical Aid Society, nor are they necessarily endorsed by BMW Employees Medical Aid Society. While every effort has been made to ensure the accuracy of the information, neither BMW Employees Medical Aid Society or 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 result from the use of this section of the website.

6. BMW Employees Medical Aid Society 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 for who BMW Employees Medical Aid Society 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. BMW Employees Medical Aid Society 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 must not be taken to indicate that the use of the drug is safe, appropriate, or effective for you. Consult your healthcare professional before taking this drug.

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

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

1. I understand and agree that for information about my membership to be received after a request sent by SMS, BMW Employees Medical Aid Society needs the cellphone number from which the SMS is sent to, to have been recorded and confirmed as belonging to me or one of my registered dependants.

2. I agree to make certain that BMW Employees Medical Aid Society 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 will notify BMW Employees Medical Aid Society if my cellphone number or the cellphone numbers of my registered dependants change.

4. I understand and agree that that information about the balance in my Medical Savings Account (MSA), if I have one, is dependent on claims processed up to the time that the request for information is received by BMW Employees Medical Aid Society. Claims that have been received but not processed at the time of the request for information will therefore not have been taken into account in the calculation of my MSA balance.

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

6. I understand and agree that BMW Employees Medical Aid Society has the right, in its sole and absolute judgment, to discontinue this service or to change it at any time, in which event BMW Employees Medical Aid Society will attempt to provide notification of the changes or the discontinuation of the service.

7. I, 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 resulting 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 numbers either with or without my consent.

8. I acknowledge that BMW Employees Medical Aid Society is entitled to amend these terms and conditions from time to time, in which event BMW Employees Medical Aid Society will endeavour to provide notification of the changes.