MMSA
ONLINE SERVICE AGREEMENT
[last amended: 03/03/2002]


PART 1
SPECIFIC TERMS AND CONDITIONS RELATING TO THE VARIOUS OFFERINGS

PART 1a
MEMBER'S TERMS AND CONDITIONS

DEFINITIONS
Please refer to clause 29 for the definition of terms used in this Agreement.
CONTRACTING PARTIES
This Agreement is concluded between the Member and MMSA.
ONLINE SERVICE
This Agreement applies to all such services as the Member is able to Access using the Internet.
REGISTRATION

1. I accept that MMSA will not in any way be responsible or liable for any claims of any nature whatsoever made by anyone {myself excluded} which arise as a result of my failing to keep my password and user name secure and confidential to myself.
2. I indemnify MMSA and hold it harmless against any such claims.
3. I understand that this service may not be available 24 hours a day.


PRIVACY
Section 60, Preservation of secrecy, Medical Schemes Act
60. (1) A member of the Council or of its staff shall not disclose any information relating to the affairs of the Council where the Council meets in committee or in those instances where the chairperson so determines, except for the purposes of the performance of his or her duties or the exercise of his or her powers in terms of this Act or any other law or when required to do so under any law before a court of law.

(2) No person shall, except in the performance of his or her functions or duties under this Act or when called upon to do so as a witness before a court of law, disclose any information relating to the affairs of any medical scheme furnished to or obtain by him or her in connection with any enquiry or investigation under this Act.

Additional identification and notification of risks provided in standard terms

PART 2
STANDARD TERMS AND CONDITIONS FOR ONLINE SERVICES

1 ACCEPTANCE
1.1 This Agreement becomes binding on the User and will be deemed to have been accepted by the User on the first occurrence of one of the following events:
1.1.1 on accessing the Website
1.1.2 submission of the registration form for the Online Service;
1.1.3 utilisation of the Online Service in any manner or form; or
1.1.4 whenever reliance is made or action taken based on any information provided on the Website.
1.2 Without affecting the validity of deemed acceptance in terms of clause 1.1 and without imposing any duty on MMSA to do so, Users may be required to Submit acceptance of this Agreement and/or Amendments, from time to time in a manner other than those elicited in clause 1.1 above.
1.3 Whenever contractual terms are made available for acceptance; or disclaimers or notices are displayed or made accessible on the Website, not requiring a Submission from the User to be accepted, such contractual terms, disclaimers or notices shall be deemed to be accepted by the User unless the User immediately ends the Session without performing any further Instruction and informs MMSA, within 24 hours, of his non-acceptance of the contractual terms, disclaimer or notice in question.
1.4 The provisions of clause 10 shall apply with regard to acceptance of Amendments.
2 ACCESS CODE
2.1 The User will be supplied with an Access Code by such means and in such format as MMSA may determine from time to time. All Online Services are subject to MMSA having issued a User with an Access Code.
2.2 The User undertakes to ensure that the Access Code is neither easily accessible nor disclosed to any other person. The User accepts that storing the Access Code on a computer or network will be regarded as prima facie negligent for purposes of evidence with regard to unauthorised transactions.
2.3 The User shall report any actual or potential unauthorised access to or use of the Access Code to MMSA, without delay, via its specified telephone call service and provide MMSA with written confirmation thereof within 24 hours of such notification. On receipt of telephonic notification, MMSA reserves the right to: (a) reject all Instructions received after such notification; (b) suspend the processing of all Instructions not yet executed; (c) reverse (if possible) all executed Transactions with effect from such date and time as MMSA may reasonably determine the unauthorised use to have commenced; or (d) deactivate the Access Code without further notice.
2.4 The User shall be obliged to log-off from Online Services before exiting an Online Session. The User acknowledges that failure to log-off could result in unauthorised Transactions for which MMSA will not be held liable.
2.5 MMSA may, in its sole discretion and for whatever reason, require a User to change his Access Code from time to time and the User undertakes to comply with such requirement unconditionally.
2.6 The User acknowledges that unauthorised use of the Access Code could expose a User to exposure of information personal to the User to on other accounts held with MMSA and furthermore could allow fraudulent transactions to be initiated with other accounts held with MMSA.
3 WARRANTIES GIVEN TO MMSA
The User warrants to MMSA that he/she:
3.1 has the requisite legal capacity to make use of the Online Services;
3.2 has complied with all applicable statutory provisions; and
3.3 has read, understood and accepted the terms of this Agreement.
4 TECHNOLOGY NEUTRALITY
MMSA makes these Online Services available to the User subject to the principle of technology neutrality, which principle the User hereby accepts. The principle of technology neutrality means that, unless otherwise stated in this Agreement:

4.1 the Online Services are subject to the same business fundamentals and principles governing MMSA's Offline Business;
4.2 the Online Services are subject to no better than the same processing turn-around times and performance criteria as applied by MMSA in its Offline Business;
4.3 any reference to words in this Agreement, legislation or regulations traditionally associated with a non-electronic or non-Online environment, including the terms "writing", "document" or "signature", shall include electronic or Online forms thereof;
4.4 documents or displays viewed or printed by the User via the Website shall prima facie be deemed to be "true copies" of the original.
5 SIGNATURE AND AUTHORITY BY USER
5.1 The User hereby designates the Submission of the Access Code as the User's signature for purposes of all subsequent actions performed or Instructions given during a Session.
5.2 In as far as a signature is required for each Instruction in terms of this Agreement or applicable legislation, the User hereby designates each Submission of an Instruction as his written signature.
5.3 Whenever required in this Agreement or applicable legislation, the Submission of the Access Code, together with the Submission of an Instruction shall, collectively, constitute and have the same effect as a written, signed authority.
5.4 Subject to the provisions of clause 2.3, MMSA shall be entitled to regard all Instructions as actually originating from or authorised by the User; and to act on such Instructions. Under no circumstances shall MMSA be held liable for any actions taken on unauthorised Instructions.
6 INSTRUCTIONS
Unless otherwise provided for in this Agreement:
6.1 An Instruction becomes irrevocable once Submitted to MMSA.
6.2 MMSA shall not be liable for the consequences of the User executing the same Instruction more than once, whether as a result of mistake or otherwise, notwithstanding that it shall endeavour to assist the User with the reversing of Instructions where it is possible to do so.
6.3 Unless confirmed by email from MMSA to the User within 24 hours of Submission of an Instruction, no Instruction shall be considered to have been received by MMSA.
6.4 PLEASE NOTE THAT, if an Instruction is not confirmed within 24 hours, the User shall not re-Submit or send the same Instruction prior to contacting MMSA. This is because the initial Instruction may still be in process and re-sending the Instruction may lead to a double transaction for which MMSA shall not be held liable in terms of clause 6.2 above.
7 SUFFICIENT NOTIFICATION
7.1 The User hereby grants MMSA authority to issue notifications required in terms of this Agreement, legislation or regulation, as the case may be, by posting such notification on the Website or sending such notification by email to the User.
7.2 Any notices so issued by MMSA, shall insofar as they contain contractual terms pertaining to the Online Services, also form part of this Agreement.
7.3 A certificate signed by the administrator responsible for the maintenance of this Website (whose authority it shall not be necessary to prove) shall be prima facie proof of the first date of publication, withdrawal or contents of a notification.
8 GUESTS
8.1 In this Agreement, all references to User shall include reference to a Guest, provided that a Guest shall under no circumstances obtain any of the rights granted to a User in this Agreement.
8.2 The rights of a Guest shall be limited to accessing and viewing such information provided on the Website for which no Access Code is required.
9 JURISDICTIONAL DISCLAIMER
9.1 The Online Services are only available to:
9.1.1 persons domiciled or of permanent residence in the Republic of South Africa ("RSA");
9.1.2 corporate or other legal entities or organisation domiciled and incorporated in terms of the laws of the RSA; and
9.1.3 RSA citizens temporally resident outside the RSA for the purposes of holiday or similar, subject to the Rules.
9.2 Any use or attempted use of the Online Services by any person or entity other than those specified in this clause 9 could result in civil action or criminal prosecution.
10 AMENDMENTS
10.1 This Agreement may be amended by MMSA from time to time. The User acknowledges that by accessing this Website from time to time, he/she shall become bound to the current version of this Agreement (the "current version") and, unless otherwise stated in the current version, all previous versions shall be superseded by the current version. the User undertakes to view the then current version each time use is made of the Online Services.
10.2 Without derogating from the aforegoing and without imposing any obligation on MMSA whatsoever, MMSA reserves the right to give the User notification of amendment of this Agreement either by electronic mail or by posting a notice on the Website. On notification of the existence of the amended terms, the User is obliged to visit the Website and view the then current version of this Agreement. Unless the User notifies MMSA otherwise, the amended Agreement will be deemed to have been perused and accepted by the User on the occurrence of the first of the following events:
10.2.1 within 5 (five) days of the notice of amendment having been mailed by traditional, paper-based mail if the User does not access the Website within such period; or
10.2.2 within 1 (one) day of having been sent by facsimile, emailed or sent by SMS, as the case may be, if the User does not access the Website within such period; or
10.2.3 whenever the User makes use of the Online Services.
10.3 A certificate signed by the administrator responsible for the maintenance of this Website shall be prima facie proof of the date of publication and content of the current version and all previous versions of this Agreement. The same provisions apply with regard to notices and disclaimers posted on the Website.
11 UNAVAILABILITY OF ONLINE SERVICES
11.1 MMSA shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the Online Services without any prior notification or giving any reasons for such termination or suspension.
11.2 The User acknowledges and accepts that the Online Services may become unavailable from time to time due to various circumstances, including: technical failure or problems with the MMSA System; technical failure or problems with Third Party Systems; unavailability of telecommunication or electricity services; or other circumstances beyond the control of MMSA. Without derogating from the provisions of clause 12, the User undertakes to limit his or her potential losses by utilising MMSA's Offline Business for the duration of the unavailability of the Online Services.
12 DISCLAIMER & LIMITATION OF LIABILITY
12.1 THIS WEBSITE AND THE ONLINE SERVICES ARE PROVIDED "AS IS" AND MMSA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD THERETO. WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING:-
12.1.1 MMSA DOES NOT WARRANT THAT THE WEBSITE OR ONLINE SERVICES WILL BE ERROR-FREE OR WILL MEET ANY PARTICULAR CRITERIA OF ACCURACY, COMPLETENESS OR RELIABILITY OF INFORMATION, PERFORMANCE OR QUALITY.
12.1.2 MMSA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
12.2 USE OF THIS WEBSITE AND THE ONLINE SERVICES IS ENTIRELY AT A USER'S OWN RISK AND USERS ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. NEITHER MMSA, ITS SHAREHOLDERS, AGENTS, CONSULTANTS OR EMPLOYEES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO THE USE OF THIS WEBSITE, THE ONLINE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, MMSA SHALL NOT BE LIABLE FOR:
12.2.1 ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF THE WEBSITE OR ONLINE SERVICES, THE MMSA SYSTEM, DATABASES OR ANY COMPONENT PART THEREOF FOR WHATEVER REASON;
12.2.2 ANY LOSS OR DAMAGE WITH REGARD TO USER DATA OR OTHER DATA DIRECTLY OR INDIRECTLY CAUSED BY MALFUNCTION OF THE MMSA SYSTEM, POWER FAILURES, UNLAWFUL ACCESS TO OR THEFT OF DATA, COMPUTER VIRUSES; PROGRAMMING DEFECTS; AND NEGLIGENCE ON THE PART OF MMSA.
12.2.3 ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SYSTEMS SUCH AS THE PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS (CURRENTLY TELKOM), INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS (CURRENTLY ESKOM), LOCAL AUTHORITIES AND CERTIFICATION AUTHORITIES;
12.2.4 AN EVENT OF FORCE MAJEUR OR ANY OTHER EVENT OVER WHICH MMSA HAS NO DIRECT CONTROL.
13 BREACH
Save for those provisions in this Agreement specifically providing for breach and/or termination, MMSA may terminate the Online Services or parts thereof if a User breaches any material provision or term of this Agreement and fails to remedy such breach within 24 (twenty-four) hours of receipt of a notice requiring it to do so. MMSA may terminate the Online Services in addition to any other remedy available to it at law or under this Agreement, including obtaining an interdict.
14 DISPUTE RESOLUTION
14.1 Save in respect of those provisions of this Agreement which provide for their own remedies which would be incompatible with arbitration, a dispute which arises in regard to -
14.1.1 the interpretation of; or
14.1.2 the carrying into effect of; or
14.1.3 any of the parties' rights and obligations arising from; or
14.1.4 the termination or purported termination of or arising from the termination of; or
14.1.5 the rectification or proposed rectification of;
this Agreement, or out of or pursuant to this Agreement or on any matter which in terms of this Agreement requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), shall be submitted to and decided by arbitration.
14.2 That arbitration shall be held -
14.2.1 with only the parties and their representatives present thereat;
14.2.2 at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng Province, South Africa.
14.3 It is the intention that the arbitration shall, where possible, be held and concluded in 21 (twenty-one) working days after it has been demanded. The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
14.4 The arbitration shall be governed by the Rules of the Arbitration Foundation of Southern Africa, in terms of South African Law and shall be heard by an arbitrator or arbitrators appointed by the Foundation.
14.5 The arbitrator shall have the fullest and freest discretion with regard to the proceedings save that he shall be obliged to give his award in writing fully supported by reasons. His award shall be final and binding on the parties to the dispute save that a party shall be entitled to apply to the High Court of South Africa to set aside the award in regard to question of law or in the event of manifest or clerical error.
14.6 Either party shall be entitled to have the award made an order of court of competent jurisdiction.
14.7 The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason.
14.8 The parties shall keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated herein.
14.9 The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
15 INDEMNITY
The User hereby indemnifies MMSA for all losses and/or all expenditures which MMSA may incur on his/her behalf due to:
15.1 non-payment;
15.2 any Instruction exceeding the amount available in the User's benefits;
15.3 unauthorised Instructions executed which are not due to MMSA's negligence.
16 NO PROFESSIONAL ADVICE
16.1 MMSA does not act as a medical professional.
16.2 All material published on this Website (the "material") is only intended to provide general information regarding MMSA and its Products and does not constitute professional advice of whatever nature. All material including, without limitation, research, opinions, figures, prices, projections or other content are provided "as is" and the User shall not place reliance thereon in taking actions which might affect his/her or her health without consulting MMSA directly.
17 NO OFFER
Unless clearly otherwise stated, nothing displayed or available through the Online Services should be construed as an offer of any kind made by MMSA. All material on this Website merely constitute an invitation to do business with MMSA.
18 INTELLECTUAL PROPERTY
18.1 MMSA or its licensors (third parties) retain all copyright in all material, including logos and other graphics published on or via the Website. The User is hereby authorised to view, download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:
18.1.1 such material is used only for the purposes of using or considering using the Online Services and no other commercial purposes;
18.1.2 any reproduction of MMSA proprietary material from this Website or portion thereof must include these terms and conditions in their entirety.
18.2 The logos and marks displayed on this Website are registered and unregistered trademarks of MMSA and/or third parties. Nothing contained on this Website should be construed as granting any licence or right to use any trademark without the written permission of MMSA and/or such third parties.
18.3 Irrespective of copyright or trade marks, the User acknowledges that MMSA is the proprietor of all material on the Website, whether confidential information or not, and the User shall have no right, title or interest in any such material or use the material otherwise than for purposes of using or considering the Online Services.
18.4 No hyperlinks, framing or meta-tagging of whatever nature shall be allowed to this Website without the prior written consent of MMSA.
19 USE OF SOFTWARE
19.1 Prior to making use of the Online Services, the User is required to use and maintain only hardware and software of sufficient quality and performance capability and to use only appropriate Internet browser software. Failure to use a Specified browser may result in a higher security risk and/or cause some or all of the functionality of the Website not to operate properly or at all and MMSA shall not be held liable in this regard.
19.2 Software, if any, made available for download on or via the Website is governed by licence conditions establishing a legal relationship with the licensor. The User indemnifies MMSA against any breach of such licence conditions.
19.3 MMSA gives no warranty and makes no representation, whether express or implied, as to the quality or fitness for purpose or use of such software.
19.4 NO WARRANTY, WHETHER EXPRESS OR IMPLIED IS GIVEN THAT ANY FILES, DOWNLOADS OR APPLICATIONS AVAILABLE VIA THIS WEBSITE ARE FREE OF VIRUSES, TROJANS OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT OR AFFECT THE OPERATION OF THE USER'S INFORMATION SYSTEM.
20 TRANSMISSION OF INFORMATION
Information transmitted via the Internet, including e-mail, is prone to unlawful access or monitoring. The User shall bear all risk of transmitting information via the Internet and under no circumstances will MMSA be liable for any loss, harm or damage suffered by them as a result thereof. MMSA reserves the right to request independent verification of any information transmitted by the User via the Website or e-mail. MMSA will not intentionally deviate from its privacy policy as published on the Website from time to time.
21 CERTIFICATE
21.1 A certificate signed by MMSA or its auditors (whose appointment as such it shall not be necessary to prove) shall constitute prima facie proof of any amount payable by the User to MMSA in terms hereof and the fact that the same is due and payable for all purposes, including (but not limited to) provisional sentence and summary judgement.
21.2 A certificate signed by MMSA shall constitute prima facie proof of the operation of the Online Services or any part thereof and the contents of any information displayed on the Website on a given date.
22 INFORMATIONAL SERVICES
MMSA may use the services of certain third parties to provide information on the Website from time to time. MMSA has no control over this information and makes no representations or warranties of any nature as to the accuracy, appropriateness or correctness of such information. The User agrees that such information is provided "as is" and MMSA shall not be directly or indirectly liable for any damages that may arise from the User's reliance on such information.
23 HYPERLINKS; DEEP LINKING; CRAWLERS AND METATAGS
23.1 This Website may contain links to other websites, which may contain material that has been produced by parties not affiliated with MMSA. MMSA accepts no responsibility for information provided on any such website. Any opinions expressed on such websites are solely those of such third parties and are not necessarily opinions shared by MMSA.
23.2 The existence of a link from this Website to any others websites does not constitute a recommendation or approval by MMSA of such websites or any provider thereof.
23.3 No person may establish a hyperlink, frame, meta-tag or similar instrument (collectively referred to as "link"), to this Website or any subsidiary pages without the prior written approval of MMSA and subject to such conditions as MMSA may specify from time to time.
23.4 An application for linking must be submitted to webmaster@sovhealth.co.za upon receipt of which we will use our best endeavours to respond. Until such time as we respond, the application for linking must be considered as not having been granted.
23.5 Breach of these conditions shall entitle MMSA to take appropriate legal action without prior notice and you agree to reimburse the costs associated with such legal action on an attorney and own client scale.
24 MESSAGE BOARDS AND CHAT ROOMS
24.1 MMSA may, in its sole discretion, at some stage provide the User with the facility to post messages on the Website (the "message board").
24.2 MMSA reserves the right to evaluate ("review") message contents ("Content") prior to posting them on the message board but the User accepts and acknowledges that review shall not cause MMSA to be regarded as having exercised content control over the message board and, as such, does not guarantee the accuracy, integrity or quality of such Content.
24.3 The User agrees not to use the message board to:
24.3.1 upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or otherwise objectionable;
24.3.2 impersonate any person including, but not limited to, a MMSA official or host; or falsely state or otherwise misrepresent their affiliation with a person or entity;
24.3.3 manipulate identifiers in order to disguise the origin of any Content transmitted through the message board;
24.3.4 upload, post, email or otherwise transmit any Content that they do not have a right to transmit under any law;
24.3.5 upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
24.3.6 upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters";
24.3.7 upload or otherwise transmit any material that contains viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
24.3.8 interfere with or disrupt the message board or servers or networks connected to the message board, or disobey any requirements, procedures, policies or regulations of networks connected to the message board;
24.4 The User agrees to indemnify and hold MMSA harmless from any claim or demand, including reasonable attorneys' fees, made by any other User or third party arising out of Content the User submits through the message board.
25 NO WARRANTIES OR REPRESENTATIONS
This Agreement contains the sole terms and conditions governing the Online Services. The User acknowledges and agrees that any warranties, statements or representations of whatever nature and in whatever form, including promotional materials, granted or made by MMSA, its employees, agents or advisors which are not evidenced in this Agreement shall not be valid and enforceable.
26 ADDRESS FOR NOTICES AND SERVICE OF LEGAL PROCESS
For purposes of exchange of any notices and communications in terms of this Agreement as well as for purposes of service of legal process, the User chooses its address as supplied to MMSA on registration (unless a change of address had been properly notified to MMSA thereafter, in which case the latter address will apply) and MMSA chooses its address as it appears on the Website, from time to time.
26.1 Subject to any specific provision to the contrary, any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing but it shall be competent to give notice by facsimile or email.
26.2 Any party may by notice to any other party change the physical address chosen as its domicilium citandi et executandi to another physical address where postal delivery occurs or its facsimile number or email address, provided that the change shall become effective vis-à-vis that addressee on the 10th business day from the receipt of the notice by the addressee.
26.3 Any notice to a party -
26.3.1 delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or
26.3.2 sent by facsimile or email to its chosen facsimile number or email address, shall be deemed to have been received on the next working day following the date of despatch (unless the contrary is proved).
26.4 Notwithstanding anything to the contrary herein contained a written or electronic notice or communication actually received by a party shall be an adequate notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
27 SOLE AGREEMENT
27.1 This Agreement constitutes the whole agreement between the User and MMSA with regard to Online Services and no warranties, undertakings or representations, whether express or implied, not stated herein shall be binding on the parties.
27.2 No agreement at variance with this Agreement shall be binding on the parties unless reduced to a hand-written agreement signed by or on behalf of the parties, provided that this provision shall in no way affect or detract from the validity and effect of MMSA's right to amend this Agreement as provided for in clause 10.
28 GENERAL
28.1 The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any clause hereof.
28.2 This Agreement shall be performed and construed in accordance with South African law.
28.3 Where any dates, time or calculation of same are required in terms of this Agreement, South African time shall be used.
28.4 Failure or neglect by MMSA to enforce at any time any of the provisions hereof or the grant, whether express or implied, of any leniency to the User, shall not be construed nor shall be deemed to be a waiver of MMSA's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice MMSA's rights to take subsequent action.
28.5 In the event that any of these terms, conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent such term, condition, or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
28.6 The User shall not cede, assign or otherwise transfer all or any part of his rights or obligations in terms of this Agreement without the prior written consent of MMSA.
29 DEFINITIONS AND INTERPRETATION
29.1 In this Online Service Agreement the following terms shall have the following meaning:
"Access Code" means the User specific code or codes required to initiate an Online Session and includes any component part of such Access Code such as an User ID or PIN;
"Act" means the Medical Schemes Act 131 of 1998;
"Agreement" means this Online Service Agreement comprised of the terms in Part 1 and Part 2;
"Amendments" means amendments to this Online Service Agreement as provided for in clause 10;"
"electronic signature" means an electronic signature as defined in the Electronic Communications and Transactions Act 25 of 2002 and includes the identifier/s provided for in clause 5;
"Employer" means an employer who has elected to have some or all of its employees become members of a medical scheme administered by MMSA and who have been enrolled or admitted as such and who is responsible for payment of the relevant fees on behalf if such employees;
"Guest" means any user of the Website who is not a User;
"hyperlink" means any graphic, icon or text on the Website linked by internet protocol technology to any other website or web page, whether on the Website or any other website;
"information system" means a system for generating, sending, receiving, storing, displaying or otherwise processing Instructions and includes the Internet, telephone voice recognition, Short Messaging System (SMS) and Wireless Application Protocol (WAP) communications;
"Instruction" means an instruction given Online or otherwise by a User to MMSA, for MMSA to perform Online Services;
"Intermediary" means a broker a person whose business, or part thereof, entails providing a service or advice in respect of the introduction of prospective members to a medical scheme and who has been accredited in terms of Section 65 of the Act and appointed by MMSA to introduce Members and Employers to the medical schemes administered by MMSA, in return for consideration;
"Internet" means the interconnected system of networks that connects computers around the world using TCP/IP and includes any future versions thereof;
"Member" means a person who has been enrolled or admitted as a member of a medical scheme administered by MMSA, or who, in terms of the rules of a medical scheme administered by MMSA, is a member of such medical scheme;
"Offline Business" means the products and/or services provided by MMSA otherwise than Online;
"Online" means via an information system;
"Online Session" means the uninterrupted period during which the User has access to Online Services, from time to time;
"Online Service" means the services or products provided for in Part 1;
"Part 1" and "Part 2" refers to Part 1 and Part 2 of this Agreement;
"PIN" means the User selected personal identification number to access the Online Services;
"Rules" means the rules of the various medical schemes administered by MMSA;
"Session" means the uninterrupted period during which the User has access to the Online Services, from time to time;
"MMSA" means Momentum Medical Schemes Administrator;
"Specified" means displayed on the Website;
"Standard Terms" means the general terms and conditions provided for in Part 2 of the Online Service Agreement;
"Submit", "Submission" means the submission of information by the User to MMSA through the MMSA System and includes the clicking of any icon or hyperlink on the Website or functionality on the User's Internet browser which transmits information to MMSA;
"MMSA System" means the information system underlying the Online Services, owned or controlled by MMSA and excludes any Third Party System;
"Supplier" means the supplier of a relevant health care service, as defined in the Act, to a member or his/her dependant who has registered with MMSA;

"Transactions" means electronic transactions as defined in the Electronic Communications and Transactions Act 25 of 2002;

"Third Party System" means the information system directly or indirectly underlying the Online Services, owned or controlled by persons other than MMSA and excludes the MMSA System;
"User" means an Employer, Intermediary, Member or Supplier, duly registered and authorised to use the Online Services;
"User ID" means the user's user name and/or number to access the Online Services;
"Website" means the website or websites on which the Online Service is provided, initially being www.sovhealth.co.za .
29.2 Purely for purposes of convenience, words defined in the Online Service Agreement are indicated hereinafter by displaying them in Title Case. However, failure by MMSA to so indicate defined words shall not detract from their defined meanings.
29.3 Whenever conflict or inconsistencies arise between the interpretation of the Standard Terms and any other provision of this Online Service Agreement, the provisions of the Online Service Agreement shall prevail.
29.4 For purposes of convenience but subject to the provisions of clause 8, all reference in this Online Service Agreement to User shall include reference to Guest.