A. General Terms and Conditions of Use
1.1. In this user agreement, the terms below have the following meanings:
1.1.1. “Discovery Apps” means any online application software that is provided by or is connected with Discovery that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
1.1.2. “Site” means collectively our website/s and the Discovery Apps.
1.1.3. “we”, “us”, “our” and “Discovery” means Discovery Limited, being the holding company of the Discovery Group of Companies, all its affiliates and subsidiaries and any developers that Discovery may employ from time to time. It also includes medical schemes administered by Discovery Health (Pty) Ltd.
1.1.4. “website” means the internet websites with the address www.discovery.co.za or any website with a URL that is validly registered to Discovery.
1.1.5. “you” and “your” means the user of the Site and / or your legal guardian.
1.1.6. “Pass” means digital representation of information you would normally carry in your wallet, for example, membership cards, boarding passes, event tickets and vouchers.
1.1.7. “personal information” means information relating to you or any other living person or existing legal entity, including but not limited to –
provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.
2. Conditions of Access
2.1. Your access to, and use of, the Site is subject always to the community guidelines and terms and conditions set out in this user agreement.
2.2. To avoid any confusion, you agree these terms and conditions applies to your use of:
2.2.1. the website;
2.2.2. any Discovery Apps;
2.2.3. any third party website or mobile application licensed to us;
Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site. Your cell phone provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (such as data charges, sms charges). Discovery cannot be held responsible for these charges.
3. Your Acceptance and Consent
3.1. By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Site.
3.2. When you install or download the Discovery Apps, you may be required to accept the terms and conditions or the end user licence agreement (collectively, an “EULA”) of a third party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that, the EULA is part of this user agreement and will apply to your use of the Discovery Apps.
3.3. You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.
4. Changes to this User Agreement
4.1. We may change the terms and conditions of this user agreement from time to time. We recommend that you familiarise yourself with this user agreement regularly.
4.2. The current version of this user agreement will apply each time that you access and use the Site.
5. Your account
5.1. If you use the Site, you must keep your access details (including, your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. You are only permitted to use one account. If you use more than one account we could delete all access.
5.2. Once you’ve logged onto the site once, certain information, functionality and other features of the site will be accessible the next time you access the Site without having to re-enter your password. If you prefer to enter your password every time you access the Site, you can change the setting in the menu option.
5.3. Discovery may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
5.4. You agree that the following actions shall be material breaches of these terms and conditions:
5.4.1. signing in as, or pretending to be, another person;
5.4.2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others
5.4.3. using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or
5.4.4. gathering information about others without obtaining their prior written consent.
5.5. You also agree that any use of your access details shall be regarded as if you were the person using such information.
5.6 Please note that the user name you choose is permanent and can only be amended at Discovery’s discretion.
5.7 Discovery may determine certain requirements that you will need to meet when choosing a user name or password. These requirements may be changed from time to time and you may be required to update your credentials.
6. Full disclosure of all relevant facts and benefit entitlement
6.1. Discovery might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.
6.2. You guarantee that all information provided by you at any time to Discovery on or via the Site, will be true, accurate, current and correct and you undertake to update the information as and when required.
6.3. You guarantee that you have fully disclosed all facts, and agree that this user agreement or any transactions related to this user agreement will be void if you do not meet this requirement.
7. Electronic communication and records
7.1. When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.
7.2. Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by Discovery. This includes, but is not limited to mobile push notifications.
7.3. If you are a registered user of the Website, you will receive communications from us via e-mail. If you do not want to receive e-mails from Discovery, you may change the way you receive your communication on the website, or you can phone our contact centre.
7.4. Discovery takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.
7.5. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.
8.1. All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to Discovery, unless we expressly state that it is not and is protected by South African and international law. In addition, the compilation of all content on the Site is the exclusive property of Discovery and is protected by South African and international copyright laws.
8.2. Except if permitted under this or another agreement with Discovery no portion of the Site may be copied or transmitted via any means available now or in the future.
8.3. Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.
8.4. You agree that if you breach the terms of this clause 8, Discovery will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. Discovery will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
8.5. Nothing on the Site should be regarded as granting any licence or right to use any trademark without Discovery's prior written permission and/or that of any third party.
8.6. Discovery tries to ensure that the most sophisticated technology protects the information on the Site. However, Discovery cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
9.1. The Site and all information, content, tools and materials are provided by Discovery on an “as is” and “and available” basis, unless we inform you in writing.
9.2. Discovery does not guarantee the operation of the Site or the information, content, tools or materials on the Site. You agree that you use the Site at your own risk.
9.3. Discovery does not guarantee that (i) the Site; (ii) the information, content, tools or materials included on the Site; (iii) the Discovery servers; or (iv) that any electronic communications sent by us are free from viruses or other harmful components. Discovery will not be liable for any damages of any kind arising from your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.
9.4. We are fully committed to providing you with the best possible service. However, we are not responsible for:
9.4.1. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of Discovery; or
9.4.2. any inaccurate, incomplete or inadequate information obtained from the Site supplied by you.
9.5. Neither will we be responsible for any direct or indirect loss or damages that may arise from:
9.5.1. any of the events described in this paragraph or the paragraphs above9.5.2. your actions or omissions that result in a breach of this user agreement;
9.5.2. any links to other websites from the Site. You also acknowledge that we cannot control the content of or the products offered on those websites;
9.5.3. a denial of access to the website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or put Discovery in disrepute; or
9.5.4. your reliance on any of the information, content, tools or materials that you obtain from the Site.
9.6. It is very important that you acknowledge and understand that the information included on the Site should not to be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your financial adviser should you require any financial services or financial products.
9.7. To the extent that clinical information may be provided on the Site, it is based on best practice and on current recommendations and guidelines. These obviously change from time to time. The information provided should by no means replace the advice of a registered healthcare provider. You should not discontinue any treatment you may be receiving on the basis of information reflected on this site without first consulting your healthcare provider. You should also seek professional advice immediately should any symptoms you may be experiencing persist.
10. The following will apply to usage of our wellness programme Vitality:
10.1. The Vitality main rules apply at all times.
10.2. We advise that you consult with your physician before you undertake to follow any health and fitness recommendations you receive via the benefits and initiatives on Vitality.
10.3. Vitality is not a licensed medical provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Vitality is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death.
10.4. You expressly agree that we are not providing medical advice via the services. All content provided through Vitality, including all text, communication, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or by other users or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented on a Vitality Site, and you should not use the Vitality Site or any content on the Vitality Site for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship.
10.5. You expressly agree that your nutritional and athletic activities, which generate the user content you post or seek to post on the Vitality Site (including but not limited to running, walking, cycling, hiking, triathlon) carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of us or by the action, inaction or negligence of others. You also expressly agree that we do not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, group athletic activity or event that involves a Vitality benefit.
10.6. You expressly agree to release us (the “released parties”) from any and all liability connected with your nutritional athletic activities, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your nutritional and athletic activities. You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of Vitality, (b) your use or misuse of equipment or programs created or licensed by us while engaged in activities, (c) your dealings with third party service providers or advertisers available through Vitality, (d) any delay or inability to use benefits on Vitality experienced by You, (e) any information, software, products, services or content obtained through Vitality, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
11. The following will apply to the usage of the Financial Advisor -, Health Provider - and Employer Zone:
11.1. You are aware that through the use of the Discovery website, you will gain access to personal information about third parties (clients, patients and employees).
11.2 You confirm that you will maintain the confidentiality of all personal information obtained from the site in line with the applicable legislation.
12. The following will apply to the usage of the Pass:
12.1. You are aware that Passbook is only compatible with Apple iPhone 3GS onwards and iPod Touch 4th generation onwards running iOS6 mobile operating system or later.
12.2. You are aware that the Passbook is a third party application supplied free of charge by Apple.
12.3. You are aware that the Passes will be accessed via the Apple Passbook app.
12.4. You are aware that Passes in Passbook can be synched via iCloud to your other Passbook compliant Apple devices. It is recommended that you do not share your iCloud credentials with others and, for added security, that you do not make use of iCloud to synchronise your Passes.
12.5. Updates and/ changes to the Pass will be pushed through to your Pass, provided that the ‘automatic updates’ option on your device is switched on. Where the ‘automatic updates’ option on your device is switched off, you will need to manually update the Pass.
12.6. Any unauthorised use, alteration or dissemination of the information or content on your Pass is prohibited.
12.7. You accept that you are responsible for ensuring the necessary security for your mobile device. This can be in the form of a device auto-lock feature, pin access control etc. You agree to, without limitation, indemnify the Scheme, its trustees, and Discovery, its directors and employees, for any claim relating to your use of the Pass, including any claims relating to fraudulent use thereof brought by you or any third party
12.8. The Pass allows you to add an identification photo for added security. You accept without limitation to apply the following criteria when adding an identification photo to the Pass:
12.8.1. The image must be of the user for whom the Pass has been created. No other persons may appear in the image.
12.8.2. The image must be clear and allow for the clear visibility of the facial features of the user.
12.8.3. The user in the image must not appear with sunglasses, a hat, a wig, face-paint, hand-held objects or any other objects that may obstruct the full visibility of the user’s face and facial features.
12.8.4. The image must consist of the user’s head and shoulders only and fill more than 80% of the image.
12.8.5. The image must portray a natural expression of the user and may not be altered to present an unnatural appearance of the user.
If you do not comply with the above criteria we reserve the right to revoke your photo which will render your Pass invalid and useless
13.1. While Discovery makes every effort to ensure that the content and information on the Site is complete, accurate and up to date, we make no guarantee about the suitability of the products and services on the Site or whether they are complete accurate or appropriate.
13.2. You agree to fully indemnify Discovery, its directors, and employees, the board of trustees of the scheme and the employees of the scheme, and will not hold us responsible for any claim relating to your use of the Site.
13.3. You agree to fully indemnify Discovery, its directors and employees, the board of trustees of the scheme and the employees of the scheme, from any errors or inaccuracies or incomplete information made available by third parties (including healthcare professionals, advisors and/or experts) on the Site and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.
13.4. You agree that all information, including products and services or any terms or conditions relating to them, on the Site may change. Discovery will notify you of the important changes within a reasonable time.
13.5. You agree that any calculations made on the Site, (including any relating to your health) are estimates and are meant as guidelines only.
13.6. Discovery is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.
13.7. All products and services provided on the Site are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.
13.8. You accept that some of the information, content, tools or materials on the Site come from external sources (including independent practitioners in the health and wellness industry), and you agree that Discovery is not responsible, and will not be held liable, for any information or content, received from these external sources.
14. Phishing and spoofing
14.1. If you receive an unsolicited e-mail that appears to be from Discovery and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your Discovery information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer."
14.2. Discovery will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to “phishing” places you and your personal information at risk. Discovery cannot be responsible for any consequences resulting from your response to any email sent by a “phisher” or a “spoofer”.
15. Linking to third party websites
15.1. The Website may contain certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under the control of Discovery and Discovery is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.
15.2. Discovery is providing these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by Discovery of the linked website, their business or security practices, or any association with its operators.
15.4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.
16. Applicable law
16.1. By accessing and using the Site, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
17. General Provisions
17.1. The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.
17.2. If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.
17.3. No failure or delay by Discovery to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.
1.2. Discovery respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.
1.3. When dealing with your personal information we apply the following:
1.3.1. Discovery will only disclose, collate and process (“use”) your personal information with your express written permission unless we are legally required to do so.;
1.3.2. Discovery will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give Discovery your express written permission to do so, or unless Discovery is permitted or required to do so by law
1.4. By using the Site, registering or applying online for any Discovery products or services, or contacting Discovery electronically, you confirm that we may share your and your dependants and/ or beneficiaries information within the Discovery Group of companies for administration and fraud prevention purposes or where required to provide Group wide services, benefits and infrastructure to assist you in your personal or professional capacity.
2. What do we mean by Personal Information
2.1. Personal information refers to information that identifies or relates specifically to you, for example, your name, age and identity number or any information you use to register for the website. Any information about your health and wellness interests, your lifestyle, your eating habits and nutrition, your exercise regime and all related information will also be regarded as personal information.
3. How we collect your Personal Information
3.1. Whenever you use the Site, complete an application form, contact Discovery electronically, or use one of the products, services, facilities, tools or utilities offered by Discovery on the Site, Discovery will collect your personal information.
4. Why we collect and use Personal Information
4.1. In order to make your use of the Site and the products, services, facilities, tools or utilities offered on the Site as informative and successful as possible, it is necessary for Discovery to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why Discovery would collect your personal information:
4.1.1. for Discovery to process your instructions or requests; or
4.1.2. for Discovery to ensure that we meet your needs, Discovery may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs; or
4.1.3. once Discovery has collected and analysed your personal information, Discovery may send you promotional material or details which we think may be of interest to you.
4.1.4. to conduct market research;
4.1.5. to conduct academic research which may be used to evaluate and improve Discovery’s product offerings. You are advised that information may be shared with third parties such as academics and researchers. All such information collected will be kept strictly confidential and all data will be depersonalized to the extent possible and where appropriate. No personal information will be made available to a third party unless such third party has agreed to abide by strict confidentiality protocols. If we publish the results of this research, you will not be identified by name.
4.2. Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given Discovery your consent you no longer wish Discovery to use or share your personal information, you may at any stage withdraw your consent.
4.3. You accept that we may store your personal information outside of the region or country that you may submit or use it in.
5. Location data
5.1. Once you have given the Site access to your location, we collect the latitude and longitude of your device/s as well as information relating to your movement. Your location can be determined using the following:
5.1.2. IP address;
5.1.3. Sensor data from your devices; and;
5.1.4. Cell phone towers and Bluetooth-enabled devices near your device.
5.2. We use your location data for certain features on the Site such as emergency assistance, finding a provider, ordering of medicine, or measuring your driving to allocate rewards.
5.3. If you would no longer like us to collect location data, you may adjust your device settings. This will have an impact on certain features on the Site, such as the ability to locate you in case of emergency..
6. Protection of your Personal Information
6.1. Discovery values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information Discovery has concerning Discovery clients is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
6.2. When you use the products, services, facilities, tools or utilities provided by Discovery on the Site, you may be given an access number, user name, password and/or personal identification number (PIN). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.
7. Correction of Personal Information
7.1. If you ever want to update or correct any of your personal information held by Discovery, you can e-mail us or you can phone our contact centre.
8. Personal Information held by or disclosed by you or Discovery to a third party
8.2. Discovery may enter into arrangements with its partners or other third party suppliers which will require us to disclose your personal information to these third parties for the purpose of transferring data to us from a device(s) that measures bodily functions or fluids. You hereby consent to Discovery disclosing your personal information to these third parties for this purpose and you also consent to receiving data about yourself from these third parties. If at any time after you have given Discovery your consent you no longer wish to disclose your personal information to these third parties, you may at any time withdraw your consent.
9. Cookies and Online advertising
9.2. Discovery engages third parties that help us deliver banner advertisements and other online communications. The third parties may collect and use information about Discovery customers to help us understand the offers, promotions, and types of advertising that are most appealing to our customers. The personal information they collect is aggregated and cannot be linked to a person.
9.3. Third party vendors, including Google and DoubleClick, show Discovery ads on sites on the internet.
C. Community Guidelines
These community guidelines complementary to, and should be read and understood together with, the general terms and conditions of use set out in Section A above.
1. LivingVitality is an online extension of the Vitality programme, and allows you, at any time, at any place, to join the journey of wellbeing, find the credible advice you need, and have access to valuable tools and utilities to realise your health goals. The Site has a community aspect, aimed at helping people be inspired by the actions of key influencers, experts, friends and people that share similar health and wellness interests and aspirations, for the ultimate goal of helping you to positively change your behaviour.
2. You are required to be 18 years of age to register on this Site.
3. As part of this community aspect, you may post your personal opinions, messages and ideas to the the Site and to the discussion forums available on the Site.
4. However, you undertake not to post content to the Site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful, or which Discoveryregards as inappropriate, and you accept that Discovery may remove this content from the Site.
5. You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content from the Site to Discovery, and Discovery undertakes to correct and/or remove such content or any part thereof if it feels that it is appropriate to do so.
6. Discovery does not editorially control, filter or read your postings on the Site on an ongoing basis, and you acknowledge and agree that Discovery shall not be responsible, in any way, for any user postings. You also agree to indemnify Discovery against any liability, claim, damage or loss of whatsoever nature that may result from your posting(s) to the Site.
7. You accept that the community aspect is integral to the Site and to the LivingVitality concept, and agree to respect and abide by these community guidelines at all times when accessing or using the Site, and to interact and engage with fellow users with equal respect and dignity.
8. Please note that as a user of any of our community websites, you determine who will have access to your personal information when you invite them to view your profile. Discovery cannot be responsible for any consequences that may result from access that you may have provided to any individual.
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