Terms & Conditions
Helivac Core Essential
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).
THE BEST Funeral Society (Pty) Ltd (TBFS) is a funeral and related micro insurance underwriting manager in association with Hollard Life Assurance Company Limited (Hollard Life) providing relevant and effective micro insurance benefits.
Policy Holders – The benefits are only available to a Member of Helivac/ICCS, who is the policyholder and their nominated beneficiaries
Application Forms – Members will complete beneficiary nomination forms
Insured People – The Member / Member and immediate nominated family (see Default Schedule below), subject to accurate information provided
Policy Documents – Members receive a certificate of cover and a policy summary. A copy of the full policy terms and conditions will be made available to the Member upon request from TBFS, Hollard Life or Helivac/ICCS.
Data base – All Members and their dependents’ details are captured onto a database imported using electronic bordereaux. Only Members who have been accepted and remain on risk are entitled to benefits for the month in which the Membership fees are paid.
Waiting Periods – There is no waiting period for the Member / Member and immediate family for Compulsory Member take-up.
Take-up – for Members of Helivac/ICCS, participation in this package benefit is compulsory
Service Providers – Services are provided by appointed service providers. While every effort is made to ensure service delivery by the appointed service providers, Hollard Life and THE BEST Funeral Society cannot accept any responsibility for services not delivered, or part delivered by a service provider or any cost arising from the non-or part delivery thereof.
Claims – The death of an insured person must be reported in writing to Helivac/ICCS within 72 (seventy-two) hours from the date of death.
Premium – Helivac pays the premium owing by them for the TBFS policy using Membership fees which Members must pay to get the benefit of the Funeral Policy.
Claims Documents Required:
- A fully completed Claim Form with correct payment details;
- A certified copy of the Identity Document of the Deceased Insured Person;
- A certified copy of the Identity Document of the Claimant;
- A certified copy of the Death Certificate of the Deceased Insured Person and the Form
- A Police Report in the event of death by unnatural/accidental causes.
- Additional documents may be requested, as would be required for any insurance benefits or value-added benefit claims.
Funeral Benefit Summary
- Minimum Entry Age – 18 years
- Maximum Entry Age – 65 years
o Members over the age of 65 years will receive cover of up to R 10 000.00
- Waiting period Member and Immediate Family – None
- Waiting Period for Suicide – 24 months
- Eligibility – All Members of Helivac/ICCS
|Member & Immediate Family Only|
|Insured People / Entry Ages||Benefit 1||Benefit 2||Benefit Conditions|
|Member||R20 000||R20 000||Min. Entry Age||18 yrs|
|Partner||R20 000||R20 000||Max. Entry Age||65 yrs|
|Child (14 to 20)||R20 000||R20 000||Waiting period||0 Months|
|Child (6 to 13)*||R10 000||R10 000|
|Child (1 to 5)*||R5 000||R5 000||Max Partners||1|
|Child (0 to 11 months)*||R2 500||R2 500||Max Children||4|
|Stillborn Child*||R2 500||R2 500||Foetus over 28 weeks|
- Partner includes a person married to the Member by law, or by tribal custom or under the tenets of any Asian religion or civil union partner and includes a common-law partner (includes same gender partner). Only one Partner will be covered unless multiple partners are advised on this quotation.
- Children are covered up to but not including their 21st (twenty-first) birthday or up to but not including their 25th (twenty-fifth) birthday, provided the child is enrolled at a registered educational institution. If the child is still schooling, the Member must provide satisfactory proof of schooling (enrolment as a full-time student at a registered educational institution).
- Unmarried mentally, permanently or totally disabled children are covered under this policy up until the age of 25 or until the Member’s policy ceases whichever event occurs first. [*Any benefit payable in respect of a Child is subject to statutory limitations: Children less than 6 (six) years, R5 000.00 (five thousand Rand); Children 6 (six) up to and including 13 (thirteen) years, R10 000.00 (ten thousand Rand)].
- CHILD MEANS: all unmarried biological or legally adopted Children of the Member or a Child of the Member through guardianship in terms of Civil, Common or Customary law up to a maximum of 4 (four) named Children. Children are only covered up to but not including their 21st birthday unless they are registered as a full-time student at a recognised educational institution, in which case they will be covered until their 25th birthday. Unmarried mentally disabled, permanently and totally disabled Children are included until death or when the Member’s policy ceases whichever event occurs first.
- Benefit nomination forms are to be completed in full and submitted to Helivac/ICCS on or before the commencement of cover.
- All insured people must reside in the Republic of South Africa, unless otherwise stipulated.
- A maximum of two (2) stillbirths will be payable per family.
• Maximum of four (4) children will be covered.
Some of the terms used may be defined and limited in the TBFS policy.
CLAIMS & CLAIM DOCUMENTS
- Please phone TBFS on 086 0101 003 to request a claim form.
- On receipt of the claim form, fully complete and sign the claim form. Please attach the following documents and email to email@example.com or fax to (011) 836 8573:
- A certified copy of the Insured deceased’s ID document.
- A certified copy of the death certificate.
- BI-1663 / DHA-1663 Certificate – Notification / Register of Death.
- A certified copy of the beneficiary’s ID document.
- In the case of a Partner, a certified copy of the marriage certificate or certified proof of the Common Law or Traditional marriage.
- In the case of a Child – a certified copy of the birth certificate.
- In the case of an adopted Child – a certified copy of the birth certificate and/or any official documentary proof, issued by the Department of Child Welfare or any other government department charged with the administration of adoption.
- In the case where cover has been extended up to but not including a child’s 25th (twenty-fifth) birthday, documentary proof from the registered educational institution that the child was enrolled as a student at the time of death. In the event the unmarried Child was mentally, permanently or totally disabled, documentary proof from a registered medical practitioner will be required.
Important Information – Read Carefully
Disclosure and Other Legal Requirements
This Notice does not form part of the Hollard Life Funeral Insurance Contract but relates to it.
ABOUT THE BEST FUNERAL SOCIETY (TBFS)
Registration No. 1997/005812/07
Postal Address Physical Address
P O BOX 62592 1st FLOOR
MARSHALLTOWN 81 MAIN STREET
Tel: (011) 373 8400
Facsimile: (011) 836 8573
TBFS as an Underwriting Manager (UMA) is contracted to provide administration services to Hollard Life (Product Supplier/Insurer) but may provide such services to other insurers where required. A copy of the agreement is available on request.
TBFS does not hold FI and IGF cover as all premiums receipt accounts are held directly by the Insurer. TBFS has Professional Indemnity Cover.
TBFS is a registered Financial Service Provider (FSP No 11320) in the following categories:
- Long Term Insurance Category A,
- Long Term Insurance Category B1,
- Short Term Insurance Personal Lines,
- Assistance Business.
TBFS accepts liability for all financial advice and or intermediary services provided by its representatives and confirm that services may be rendered whilst under supervision.
The Company has a comprehensive Conflict of Interest Policy in place. There are no actual or potential conflicts in terms of the FAIS act identified at present.
TBFS COMPLAINTS PROCEDURES
Any query regarding the validity, interpretation, effect or rights and obligations of any policy administered by TBFS, or any complaint concerning the conduct of TBFS, an Independent Intermediary or Insurer should be addressed as follows:
- If relevant, raise the matter with the employee concerned.
- In the event of the matter not being resolved, request details of the relevant department manager and raise the matter with them.
- Please confirm all details in writing as far as is possible, and in the event of the matter concerning TBFS conduct, please advise the independent intermediary of the matter.
- Should the matter not be satisfactorily resolved, please request that it be forwarded to the TBFS Operations Manager, who will respond directly.
- Thereafter, please formally and in writing address any complaint to:
The Complaints Department
THE BEST Funeral Society
P O Box 62592
Tel: (011) 373 8400 Fax: (011) 836 8573
- Should the matter remain unresolved, the matter may be referred to Hollard Life Insurance Company Limited’s Complaints Department and as per statutory procedures as provided.
- Utilization of this procedure in no way precludes any civil remedy which may be available to the aggrieved party.
Procedures for the submission of claims are detailed in your policy and are important. If you have difficulties in determining the correct procedures, please contact your Financial Services Provider, Underwriting Management Agent (if applicable) or Product Supplier for assistance. Generally, you are required to advise the Product Supplier or Underwriting Management Agent (if applicable) within a prescribed number of days of a loss, provide written details of the loss, provide proof in support of the claim and provide any other details that may be required by the Product Supplier.
If the Policy Owner or Nominated Beneficiary needs to claim against this Policy, they should contact the UMA/Insurer as soon as possible to request a claim form.
The claimant must complete the claim form and return it to the insurer together with any supporting documents that the insurer may reasonably require.
Upon the death of any insured under this policy, notice of claim together with all supporting documentation must be submitted to the insurer within 6 (SIX) months from the date of the insured’s death.
The insurer will accept no liability where a claim is submitted after 6 months of the date of death of the insured.
Valid claims are payable after submission of the following required documents (T&Cs apply)
- A fully completed Claim Form;
- A certified copy of the Identity Document of the Claimant;
- A certified copy of the Identity Document and Death Certificate of the Deceased Insured Person and a copy of the Form BI1663/DHA1663;
- In the case of a Partner, a certified copy of the marriage certificate or certified proof o the Common Law or Traditional marriage;
- In the case of a biological Child, a certified copy of the Member’s or partner’s Identity Document, or proof of relationship, and the Child’s birth certificate (T&Cs apply);
- In the case of a disable Child, proof of disability;
- A “Police Report” in the event of death by unnatural causes;
- All copies must be certified by a Commissioner of Oaths.
The Compliance Officer
P.O. BOX 9655
DEVON VALLEY Tel: 011 678 2533
JOHANNESBURG Fax: 011 678 7731
- All material facts must be accurately, fully and properly disclosed by you.
- All information disclosed by you or on your behalf is your responsibility.
- Do not sign any blank or partially completed application forms.
- Keep all documents handed to you.
- Make notes of what is said to you.
- Never be pressurized to buy a product. The TBFS Company Conflict of Interest Policy is available for viewing at the TBFS offices.
- Ensure that the product purchased suits your needs.
- Misrepresentation, incorrect or non-disclosure by you of any facts or circumstances may impact negatively on any claims arising from your insurance contract.
- In most cases, you have a right to cancel a policy in writing within 30 days after receipt of the summary contemplated in section 48 of the Long-term Insurance act, 1998. The same applies to certain changes you may make to a policy.
- You are entitled to a copy (free of charge) of the policy document, or summary thereof.
- The Insurer must give reasons for rejecting a claim.
This policy is underwritten by Hollard Life Assurance Limited (Registration No. 1993/001405/06, an authorised Financial Services Provider.
Hollard Life’s contact details are:
P.O.BOX 87419 22 OXFORD ROAD
2041 JOHANNESBURG 2193
Tel: (011) 351 5000
Email: firstname.lastname@example.org For attention: Hollard Group Legal.
Particulars of The Long-term Insurance Ombudsman who is available to advise you in the event of claim problems which are not satisfactorily resolved by your Financial Services Provider and/or the insurer.
Private Bag X45 Tel: (021) 657 5000
Claremont Fax: (021) 674 0951
FAIS OMBUD DETAILS
Particulars of The Ombudsman for Financial Service Providers (FAIS Ombud) who is available to advise you on compliance issues of the Financial Service Provider.
P O BOX 74571 Tel: (012) 470 9080
Lynnwood Ridge Fax: (012) 348 3447
Insurers share information with each other regarding policies and claims with a view to prevent fraudulent claims and obtain material information regarding the assessment of risks proposed for insurance. By reducing the incidents of fraud and assessing risks fairly, future premium increases may be limited. This is done in the public interest and in the interest of all current and potential policyholders.
The sharing of information includes but is not limited to information sharing via the Information Data Sharing System operated by TransUnion ITC on behalf of the South African Insurance Association. By the insurer accepting or renewing this insurance, you or any other person that is represented herein, gives consent to the said information being disclosed to any other insurance company or its agent.
You also similarly give consent to the sharing of information in regard to past insurance policies and claims that you have made. You also acknowledge that information provided by yourself or your representative may be verified against any legally recognised sources or databases.
By insuring or renewing your insurance you hereby not only consent to such information sharing, but also waive any rights of confidentiality with regards to underwriting or claims information that you have provided or that has been provided by another person on your behalf.
In the event of a claim, the information you have supplied with your application together with the information you supply in relation to the claim, will be included on the system and made available to other insurers participating in the Information Data Sharing System.
When you enter into this policy you will be giving us your personal information that may be protected by data protections legislation, including but not only, the Protection of Personal Information Act, 2013 (“POPI”). We will take all reasonable steps to protect your personal information.
You authorise us to:
- Process your personal information to
- Communicate information to you that you ask us for.
- Provide you with insurance services.
- Verify the information you have given us against any source or database.
- Compile non-personal statistical information about you.
- Transmit your personal information to any affiliate, subsidiary or re-insurer so that we can provide insurance services to you and to enable us to further our legitimate interests including statistical analysis, re-insurance and credit control.
- Transmit your personal information to any third-party service provider that we may appoint to perform functions relating to your policy on our behalf.
- You acknowledge that this consent clause will remain in force even if your policy is cancelled or lapsed.
The General Code of Conduct stipulates that no financial services provider may request or induce in any manner a client to waiver any right or benefit conferred on the client by or in terms of any provisions of the said Code, or recognise, accept or act on any such waiver by a client. Any such waiver is null and void.
- 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; email@example.com.
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.