Terms & Conditions
Helivac Core Membership
Helivac membership means that you are a Member of an unincorporated association of persons including Helivac Medical Services (Pty) Ltd (the “Company”) who manage your membership and provide and control the services and benefits available to Members who pay the Company for providing these services and benefits. The following provisions also apply to International Call Centre Solutions (ICCS).
Your membership of the Helivac Loyalty Programme entitles you to the following services and benefits.
In a medical emergency, Helivac will coordinate the dispatch of an emergency medical response team or emergency transportation to the scene of the emergency where appropriate lifesaving support will be provided to the Member.
Medical Transportation will be conducted by a complete network of ambulances, paramedics, and, if necessary, the Medical Helicopter or Fixed Wing Service closest to your scene.
Nationwide Pre-Hospital Emergency Medical Care
The Helivac medical personnel are available 24-hours a day to provide general medical
information and advice. This is an advisory service only, as a telephonic conversation does not permit an accurate diagnosis. Advice includes providing information on referrals to medical facilities, where necessary.
Hotline for a medical crisis
In addition to the general medical advice service, one call to the same number will trigger the Helivac medical operators who will guide your Member through a medical crisis, provide the Member with emergency advice and organise for them to receive the support they need. This program includes referrals to crisis lines in case of: Family and Domestic Abuse; Rape; Trauma; Child Abuse; HIV and Poison Hotline.
Turn your cellphone into the ultimate emergency assistance tool in any situation. Helivac Panic will be there to assist you 24/7 no matter where you are. In any form of emergency where the Member is unable to contact us telephonically, by pressing your Helivac Panic button on your cellphone, our emergency alarm centre will contact you back to assess your emergency needs.
At the time of receiving this alert in our alarm centre, all your location details would have been populated on our case management system which will better assist our agents to send the necessary help to our Members.
In the event that the Member does not respond to the call then the Emergency process will be initiated.
The panic button service will require the Member to have adequate data availability per signal sent and therefore Members must have such available data in their mobile account at the time of usage.
The panic USSD service will cost the Member a minimum of 35 cents per signal sent and therefore Members must have such available funds in their mobile account at the time of usage.
- War, invasion, act of foreign enemy, hostilities (whether War is declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, labour disturbances, riot, strike or lock-out; or
- Any criminal or illegal act committed by a Member or beneficiary; or
- Self-inflicted Illness or Injury, or attempted suicide; or
- The Insured Person’s wilful or deliberate exposure to danger (except in an attempt to save human life); or
- Acquired Immune Deficiency Syndrome (A.I.D.S.) or HIV infection, including all phases and consequences thereof; or
- Mental disorders including, but not limited to anxiety disorders, eating disorders, psychotic disorders, affective disorders, personality disorders, substance use disorders, somatoform disorders, dissociate disorders, psychosexual disorders, adjustment disorders, organic mental disorders, mental retardation and autism; or
- The Insured Person being under the influence of alcohol, drugs or narcotics, unless such drugs or narcotics were administered or prescribed and taken in accordance with the direction of a medical practitioner on the basis of honest and complete information provided to them, who is not the Insured Person nor a Member of the Insured Person’s family; or
- Active involvement in any terrorist act or bomb incident or threat thereof; or
- The use, release or escape of nuclear materials by any person that directly or indirectly results in ionizing, radiation; or
- contamination by radioactivity from any nuclear fuel or from nuclear weapons materials. For the purpose of this exclusion only, combustion will include any self-sustaining process of nuclear fission; or
- The dispersal or application of pathogenic or poisonous biological or chemical materials as a result of War or a terrorist act.
All calls and authorisations must come via the Helivac call centre in order for the accounts to be settled directly by Helivac/ICCS.
No payments will be made to any Member or nominated person – all payments are made directly to the appointed service provider who attended to the patient during any authorised emergency medical transportation.
Authorisations will also not be granted for Members treatment performed by their family General Practitioner (GP).
- Company means Helivac Medical Services (Pty) Ltd.
- Dependent means the Spouse and Children of the Main Member; or alternatively the Parents of the Main Member.
- Children must be under the age of 25, at which point Membership will then no longer apply. Parents must be under the age of 70 when Membership has been activated. In situations in which the court has appointed the Member as a legal guardian to a person who is not related, these individuals can be classified as dependents. Documentation must be sent to Helivac to motivate those instances.
- Note that if a Member has stipulated a dependent on the system, and the information has been updated, if the dependents do not fall under the terms and rules of this Membership – Helivac will not be obliged to provide any services and benefits for that dependent.
- Additional Dependents can be added on your Membership at an additional monthly Membership fee:
- Medical Transportation
R20.00 per additional dependent per month
- Emergency Evacuation means the transfer of a Member to the nearest suitable medical facility in the event of an emergency to obtain necessary Emergency Medical Treatment.
- Hospital means a Hospital (other than an institution for the aged, chronically ill or convalescent rest or nursing home and/or drug or alcohol rehabilitation facilities) operated pursuant to the law for the care and treatment of injured or sick persons with organised facilities for diagnosis and surgery and having 24-hour nursing service and medical supervision.
- Medical Practitioner means a person registered with a current, legal licence to practise medicine but excludes a Member or a Member’s immediate family.
- Member means the individual who is a Member of this programme entitled to the services and benefits provided by Helivac, between the ages of 18 and 70. Beneficaries include a Member’s dependents.
- Membership means the services and benefits that the Member is entitled to, through paying monthly membership fees to the Company.
- Period of Membership means the period during which the Member is entitled to services and benefits which ceases when the Member attains the age of 70 years or the date upon which the Member ceases their Membership of the programme, whichever occurs first.
- Terms and Conditions means all the rules and regulations of Membership as documented here and binding on the Members.
- War means war, whether declared or not, or any warlike activities (including use of military force) by any sovereign nation to achieve economic, geographic, nationalistic, political, racial, religious or other similar outcomes.
- The Member is liable for a membership fee and the membership fee is payable monthly in advance as of the Effective date of the Membership on or before the first day of each month.
- The Company is not liable for any benefit arising under this Membership that occurs prior to receipt of the membership fee or at any time when any Membership fee is in arrears.
- The Company is not obliged to accept Membership fees tendered to it or to any intermediary after that date but may do so upon such terms as it in its sole discretion may determine.
- In the event of the company not accepting Membership fees, the Membership will be suspended from the date from which the fees became due. The Emergency Call Centre will still attend to services needed in an Emergency; however, it will be important for the Member to note that the fees payable for all services, will be the responsibility of the Member and no other benefits will be provided.
- The Company reserves the right to ask for proof of payment of Membership fees or for services at any time. Such proof must be to the Company’s satisfaction.
- Law and Jurisdiction
This Membership is on the Terms and Conditions between the Member and the Company and will be governed by the laws of South Africa and its courts have exclusive jurisdiction to the exclusion of the courts of any other country.
This Membership cannot be ceded, assigned or in any way transferred to a third party. Benefits are payable only to the Member, or its legal representative.
This Membership is voidable (in the absolute discretion of the Company only) in the event of any misrepresentation, misdescription or non-disclosure by or on behalf of the Member of any information material to this Membership. This includes information provided or withheld by the Dependents and any information given relating to them.
- Cancellation of Membership
The Company or the Member may cancel this Membership by giving one calendar months’ notice in writing to the other party. If this Membership transaction is entered into by direct marketing the Member can cancel within 5 (five) business days and the Company will return to you any payment received.
- Tax Liability
The onus is always on the Member to ascertain, correctly admit and pay any tax liability in respect of any benefit paid.
- Rights of Third Parties
No person other than the Member or the Company may enforce any terms of this membership.
- Other Interest
No person other than the Member can receive any benefits in terms of this memberships.
Failure to comply with the terms and conditions (including any obligation to act in a certain way specified in this Agreement) may prejudice the Member’s position to recover under any benefits covered under this membership because we will not provide services and benefits if you do not comply with any material provision of this Membership Agreement.
Any notice from the Company can be sent to the Member’s address as stated in the membership profile which can be updated by the Member through the website www.helivac.co.za, and will be binding on the Member if sent to that address
- The Terms and Conditions document should be read carefully to ensure that it has been prepared in accordance with your application and expectations. If there are any queries, these should be directed to the intermediary who arranged this cover or directly to the Company.
Helivac/ICCS facilitates services but does not pay for any services or benefit if the incident is outside South Africa which are for your cost.
- Arrangement of Emergency Medical Evacuation
Helivac/ICCS will arrange for the provision of air and/or surface transportation, medical care during transportation, communications and all usual ancillary services required to move the Member to the nearest Hospital where appropriate medical care is available.
All costs involved with these arrangements and evacuations will remain for the Member’s own account. Helivac/ICCS will facilitate Helivac will arrange for the provision of appropriate communication and linguistic capabilities, mobile medical equipment and medical escort crew.
- Arrangement of Emergency Medical Repatriation
Helivac will arrange for the return of the Member to his/her country of residence following the Helivac Members emergency medical evacuation and subsequent hospitalization outside South Africa.
Helivac will arrange for the provision of appropriate communication and linguistic capabilities, mobile medical equipment and medical escort crew.
All costs incurred will remain for the Member’s own account.
- Arrangement of Repatriation of Mortal Remains
Helivac will arrange for the transportation of the Member’s mortal remains back to South Africa.
All costs incurred will remain for the Member’s own account.
The Company will make every effort to ensure that the Member receives a good standard of service. If the Member is not satisfied with the Company’s service, please contact:
The Intermediary who arranged this Membership or the Company on 0861 435 4822;
Helivac, PO Box 5123, Meyersdal, 1447; firstname.lastname@example.org.
The Company will do its best to resolve any difficulty directly with the Member, but if the Company is unable to do this to the Member’s satisfaction, he or she may be entitled to refer any dispute to the Natural Consumer Commission.
Complaints can be addressed to:
THE NATIONAL CONSUMER COMMISION
Tel: 086 026 6786
Fax: 086 151 5229
Physical address: The National Consumer Commission, The DTI Campus, Mulayo (Block E), 77 Meintjies Street, Sunnyside, Pretoria
Postal address: The National Consumer Commission, Private Bag x84, Pretoria, 0001
- The Member: Confirms that the Member has provided all personal data of the Member and of the dependents needed for the purpose of administering this Membership with the consent of the dependents to whom the personal data refers. This includes all past medical information that would be important at the scene of a current Medical Emergency;
- Acknowledges that the Company will process such personal data only for the purpose of performing the services according to the Membership and claims made under this Membership for as long as any claim may be asserted against the Company;
- The Company will use information given, together with other information supplied during the course of the Membership, for the administration of this Membership; the handling of benefits and claims; and the provision of customer services.
- The information may also be disclosed to and used by:
- The Company’s service providers and agents; and/or
- The Member’s agents, where appointed; and/or Other insurers and regulatory bodies.
- The Member acknowledges that the Company will process such personal data only for the purpose of administering the membership and benefits provided under and to perform this agreement
Please note that the Panic Button’s location-based software currently only picks up a location for MTN and Vodacom Networks. The Panic button will still work where a client uses a network other than MTN or Vodacom, but the GPS coordinates will not be obtainable. An activation message will still be sent via the Panic button in such circumstances to the control centre who will contact the Member.
The Panic Button is referred to as the Generic Assist Button in the terms below.
- “the/this Agreement” means the Helivac Agreement as set out herein.
- “Member” means a person who has applied to become a Helivac Member of the Generic Assist Button system through Helivac, either telephonically, or by means of a completed, signed application form, or by means of a completed on-line application form and who has been accepted by Generic Assist Button, as a Member of the system.
- “Member Information” means information in respect of the Member, which has been verified and/or supplied by the Member.
- “Service Provider” means Cellfind (Pty) Ltd or any other third-party Service provider that the Company may use.
- “the System” means the technology and infrastructure utilized for the transmission of any alert between the Member and the Company that may include location information of geo-location information provided by GSM networks.
- “The Company” means Helivac Medical Helicopter Services (Pty) Ltd.
- “Accuracy” means the accuracy within which a Locatable Cell Phone may be Located using the Service.
- “Inappropriate Use” means any use of the Service for illegal purposes or for any purposes as may reasonably be determined by the Service Provider and the Company violating the rights and/or dignity of any individual or entity, including but not limited to any and all rights of privacy, any intellectual property rights (including but not limited to trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, offensive, discriminatory or intimidating.
- “Locate or Located” means the process of locating a Locatable Cell Phone by means of the Service.
- “Location Rights” means the right to locate a Locatable GSM device which is conferred to a locator; the legal right bestowed on any government agency as governed by the Electronic Communications Act, 2005, the Electronic Communications Transactions Act, 2002 and the Regulation of Interception of Communications and Provision of Communications-related Information Act, 2002 and related legislation and the IMP Act.
- “Locatable Cell Phone” means the cell phone to which the Generic Assist Button is connected that can be electronically located at any relevant time.
The clause headings in this Agreement have been inserted for convenience only and must not be taken into account in its interpretation.
This Agreement is governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
The Member acknowledges and agrees that:
- Service quality and coverage available to the Member is limited to that provided by the system and the Services may from time to time be adversely affected by physical features such as no cellular coverage as well as atmospheric conditions and other causes of interference.
- He/She cannot hold Helivac/the Company or Service Provider/ Cellfind Pty Ltd or any of its directors, employees, agents or approved representatives liable for any non-availability of the Service or for any other reason whatsoever including damages and consequential loss.
- He/She acknowledges that access to and delivery of the content and performance and message transmission response times are subject to the enabling technology on which the content is based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connections and the performance of wireless enabled devices.
- The Company/ Helivac is also not responsible for any failure to deliver content to you if your mobile phone is not switched on or is not configured correctly, your answer is not in the correct format, your mobile phone is not within coverage or for any other reason cannot be reached, you have a bar on text/WAP/Java Services, you are a prepaid subscriber and you have run out of calling credit, your message mailbox or phone memory is full or for any other reason which is out of our control or out of the control of any third party delivering the content.
- This Service is only valid within the Republic of South Africa.
- The Member acknowledges and accepts that the Company and its Service Provider do not guarantee the Accuracy of the Service and they are not liable for any lack thereof. The Member acknowledges and accepts that availability, quality and coverage of the Service may be limited from time to time and further, that the Services may from time to time be unavailable and/or adversely affected as a result of inter alia the above mentioned circumstances and physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.
- The panic button service will require the Member to have adequate data availability per signal sent and therefore Members must have such available data in their mobile account at the time of usage.
- The panic USSD service will cost the Member a minimum of 35 cents per signal sent and therefore Members must have such available funds in their mobile account at the time of usage.
- These provisions include the same exemption from any liability for the directors, employees, agents or approved representatives of the Company/Helivac. The Services referred to include the Helivac Panic Button service.
- The Company/ Helivac together with its Service Provider/ Cellfind Pty Ltd is not under any liability
- (including liability for and degree of negligence) for any loss or damage or injury to the Member whatsoever no matter when or how arising out of the provision of the Services or otherwise, whether direct or indirect, consequential or contingent and whether foreseeable or not and in particular the generic assist button is not liable for any financial loss or loss of profits, loss of contracts, loss of business or goodwill.
- Whilst every effort has and will be made by the Company/ Helivac to ensure the accuracy of the information presented by the Member- neither the Company/ Helivac, any of its directors, employees, agents or approved representatives will be held liable for any omission or errors, or for any misfortunes or damages which may arise therefrom.
- The Company/ Helivac is the Member’s information facilitator and makes no representation regarding the suitability of the information and content for any purpose whatsoever.
- The final decisions regarding the diagnosis and subsequent treatment of the Member or Members at the scene of an emergency or thereafter are complex, and is at the sole discretion of the emergency Services personnel and the Company/ Helivac cannot be held liable for any misdiagnosis or treatment.
- The Member acknowledges the Company’s/ Helivac’s right to inform third parties of any breach by the Member of its obligations in terms of this Agreement and the Member indemnifies the Company/Helivac in respect of any claim whatsoever arising from the Generic Assist Button’s exercising of this right.
- The Member acknowledges that He/She cannot hold the Company/ Helivac liable for a Member’s failure to use or complete necessary steps in using the Service.
- By subscribing you acknowledge that you are fully aware of all charges involved in subscription and usage of the Service.
- The Member acknowledges that He/She cannot hold the Company/ Helivac liable for any breakdown or failure of any equipment or medium of access to the Company’s/Helivac’s website.
The Company/ Helivac and any of its directors, employees, and agents or approved representatives is not liable to the Member for any breach of these terms and conditions or failure on the Generic Assist
Button’s part to perform any obligations as a result of acts of God, Government control, restrictions or prohibitions or any other Government act or omission, whether local or national, or any other similar cause beyond the Company’s/Helivac’s reasonable control.
The Member confirms that the Member’s information supplied to the Company/ Helivac either telephonically or by means of an application form or by means of on-line registration is true and correct in every respect and undertakes to inform the Company/Helivac immediately should any of such information at any time change.
Helivac undertakes that it will not at any time discuss with or disclose or reveal the Member’s information to any person, other than to:
- The Company/ Helivac, any of its directors, employees, agents or approved representatives who are required in the course of their duties to have access to the Member’s information specially to perform their duties and these agreements.
- Service providers in terms of these terms and conditions or who are appointed to provide services required to perform these agreements.