Terms of Use
1. The Information Service
1.1. The CMP Medical Aid information service ("the information service") is comprised of information and content, which include but are not limited to, member information and general links, provided by CMP Medical Aid and certain third parties.
1.2. CMP Medical Aid may, in its sole discretion, amend these terms and conditions from time to time, at which time the new terms and conditions will immediately come into effect in respect of further usage.
2. Grant
2.1. CMP Medical Aid hereby grants to the user a personal, non-exclusive, non-assignable, and non-transferable right to use and display all content and software included in the information service on any computer of which the user is the primary user.
2.2. Notwithstanding anything contained in clause 2.1 above, the user may designate members of the user's household to use the information service in accordance with the terms of this agreement, provided it is done by using the user's computer equipment or account.
2.3. The user shall not copy any of the content or software without first obtaining CMP Medical Aid's consent, and CMP Medical Aid reserves all its rights, including the right to institute legal action and to terminate this agreement, should such infringement occur.
2.4. The user shall be responsible for all use of the information service accessed through the user's account, as defined by the user's identification mechanism known as a cookie, password, or authentication certificate(s), and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the information service through the user's account.
2.5. Neither the user nor their designated users may reproduce, redistribute, retransmit, publish, or otherwise transfer, or commercially exploit, any information, software, or other content that they receive or access through the information service.
3. The Terms of Use
The user agrees that:
3.1. Use of the information service is at the user's sole risk. Neither Cape Medical Plan nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers ("the suppliers") guarantee that the information service will be uninterrupted, error-free, accurate, or correct;
3.1.1. guarantee that the information service will be uninterrupted, error-free, accurate, or correct;
3.1.2. shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the information service or inability to use the service or out of any breach of this agreement.
3.2. The user shall not add to the information service any material that violates the intellectual property rights of any other person.
3.3. The user shall not upload, post, or otherwise publish on or over the information service, and not seek on or over the service, any software, file, information, communication, or other content:
3.3.1. which violates or infringes upon the rights of any other;
3.3.2. which, under the circumstances and in CMP Medical Aid's sole discretion, is, or is likely to be perceived by an intended recipient or target as defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the countries in which the information service may be accessed;
3.3.3. which is unsuitable for children and minors;
3.3.4. which constitutes a threat to, harassment of, or invasion of privacy of any person or legal persona;
3.3.5. which detrimentally affects the information service or CMP Medical Aid in any way whatsoever;
3.3.6. which contains any virus or aspect which may cause a corruption of data;
3.3.7. which, without the approval of CMP Medical Aid, contains any advertising, promotion, or solicitation of goods or services for commercial purposes.
4. Disclaimer and Indemnity
4.1. The information service is distributed in good faith without any warranties either expressed or implied.
4.2. The user waives any claim that the user may have against CMP Medical Aid in respect of any selection of or retention of, or the acts or omissions of, third parties in connection with the information service.
4.3. The user acknowledges that CMP Medical Aid will not be required to edit or review for accuracy or appropriateness any content within the service.
4.4. The user hereby indemnifies and holds CMP Medical Aid and its employees or suppliers harmless against all claims or actions which may be instituted against CMP Medical Aid or loss or damage which may be incurred by CMP Medical Aid arising out of the user's use of the website or any breach of these terms and conditions by the user.
5. Intellectual Property Rights
5.1. CMP Medical Aid reserves all copyrights and other rights in and to any content available through the information service that is identified as, claimed by Cape Medical Plan as, or known by the user to be proprietary to CMP Medical Aid or its licensors or suppliers. The content on the information service is protected under applicable copyright law, including as a collective work.
5.2. The user or designated user who places or has placed software, a file, information, communication, or other content on, in, over, or through the accessible areas of the service grants to CMP Medical Aid or assignees an exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use in connection with CMP Medical Aid's business or the business of CMP Medical Aid's assignees such software, files, information, communications, and other content, regardless of the medium, technology, or form utilized by CMP Medical Aid in the exercise of this grant.
6. Use of User Information by CMP Medical Aid
6.1. CMP Medical Aid may, in the widest sense possible, distribute, loan, sell, or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data, or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service.
6.2. CMP Medical Aid will be entitled, in its sole discretion and without notice, to provide the user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten rights of any person or entity, and to maintain and use internally such information and records.
6.3. CMP Medical Aid may also provide online and email communications to the user on matters pertaining to the information service or membership issues without compensation to the user, but shall do so reasonably and in good faith.
7. Governing Law and Jurisdiction
7.1. This user agreement is governed by the laws of the Republic of South Africa.
8. General
8.1. No indulgence, extension of time, relaxation, or latitude which Cape Medical Plan may show, grant, or allow to the user shall constitute a waiver by Cape Medical Plan of any of its rights, and it shall not thereby be prejudiced or stopped from exercising any of its rights against the user which may have arisen in the past or which might arise in the future.
8.2. These conditions contain the whole basis for use by the user.
9. Disclaimer
This brochure is only a summary of the key benefits and features of the CMP Medical Aid plans. Full details can be found in the Council of Medical Schemes-approved Benefit Set documents. The original, stamped documents and the General Rules of the Scheme remain the final authority and are available to members on the CMP website.
Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided, changes in circumstances after the time of publication may impact on the accuracy of the information. The information may change without notice, and CMP Medical Aid is not in any way liable for the accuracy of the information once it is subsequently copied, printed, stored, or in any way interpreted or used by the user.