ONEPLAN TERMS OF USE

EFFECTIVE DATE: 1 MARCH 2020

2nd Floor, South Tower, Nelson Mandela Square, Corner Maude & 5th Street, Sandton City, Johannesburg, 2196

Underwritten By

Oneplan is sold by Oneplan Brokers (Pty) Ltd and administered by Oneplan Underwriting Managers (Pty) Ltd, authorised financial services

providers 43627 and 43628. Oneplan is not a benefit option regulated by the Medical Schemes Act, but a short-term insurance product

underwritten by Bryte Insurance Company Limited

ONEPLAN TERMS AND CONDITIONS

The use of the Oneplan Website(s), Oneplan Mobile Application (“App”) and electronic communication

is subject to terms and conditions and other service specific terms and conditions contained in this

disclosure. The information available on the website and Mobile Application (“App”) is for general

use only. This includes viewing and/or browsing the Oneplan Website(s) or “App”, use of content for

personal and non-commercial purposes and to copy, download and print the content of the Oneplan

Website(s) or “App” with the intention to execute a transaction between you and Oneplan or any of its

agents.

Allowed use of the Oneplan Website(s) and Mobile Application (“App”)

Other than as agreed to above, you may not use, copy, adapt, redistribute or modify the

content or any part thereof or frame, “mirror”, data-mine or cache the Oneplan Website(s)

or “App” or reverse engineer, download, distribute, decompile or create a derivative work of

the software, or any part thereof without prior written permission from Oneplan. For any

re-use or distribution of the content, you must make clear to others the terms and conditions

applicable to the content available from the Oneplan Website(s) or “App”;

1.1

You may not sub-license any of the content available from the website or “App”;

1.2

You may not assign, transfer or sub-license the rights pursuant to this Agreement;

1.3

In all of the aforesaid, Oneplan must be acknowledged as the source of the material and

Oneplan’s contact details must be reflected accordingly;

1.4

You are not allowed to upload or submit damaging code to the Oneplan Website(s) or “App”;

Hyperlinks to and from Oneplan Website(s) or “App”

2.1

This website or “App” may contain links to other websites operated by third parties. Oneplan

does not operate or control, in any respect whatsoever, any of the information, graphics and

material on those third-party websites or guarantee that the website will be operational at all

times;

2.2

Links to third party websites are included solely for your convenience. You, therefore, assume

sole responsibility for the use of a third-party website;

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2.3

Oneplan expressly disclaims acting in any respect on behalf of third party website operators

and/or owners. Third party websites may be subject to their own terms of use and privacy

policies different from those of this site;

Intellectual property rights

3.1

The Intellectual Property available on the Oneplan Website(s) or obtained via the interaction

between parties are the property of - or licensed to Oneplan and may not be utilised outside

the licensed terms as set out herein;

3.2

Email addresses, names, telephone numbers and fax numbers published on the Oneplan

Website(s) or “App” may not be incorporated into any database used for electronic marketing

or similar purposes. The presentation of such details is no “opt-in”/permission from Oneplan

to utilise same;

3.3

Oneplan would be pleased to consider requests for permission to disseminate or use

Oneplan content outside the scope of the license terms set out under above, provided that

our written approval is obtained in advance. To obtain approval please email us at:

irene.w@onegrp.co.za.

4.1

Cookies may be used by Oneplan to understand the users of the Oneplan Website(s) better.

Cookies allow Oneplan to understand who has seen which pages and advertisements, to

determine how frequently particular pages are visited and to determine the most popular

areas of the Oneplan Website(s). Depending on the type of cookie Oneplan uses, cookies also

allow Oneplan to make the Oneplan Website(s) more user friendly. For example, permanent

cookies allow Oneplan to save your password so that you do not have to re-enter it every

time you visits the Oneplan Website(s);

4.2

You may adjust your browser settings, so that your computer does not accept cookies. If you

do this, you will still be able to browse around the site but the functions that allow you to

access an existing account or page that requires a username or password, will not be available;

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4.3

Alternatively, you may adjust your browser to tell you when a website tries to put a cookie on

your computer. How you adjust your browser to stop it accepting cookies or to notify you of

them, will depend on the type of internet browser program your computer uses;

4.4

Please remember, cookies do not contain confidential information such as your home

address, telephone number or credit card details. We do not exchange cookies with any

third-party websites or external data suppliers;

4.5

Your browser also generates other information, including which language the site is

displayed in, and your Internet Protocol address (“IP address”). An IP address is a set of

numbers, which is assigned to your computer during a browsing session whenever you

log on to the Internet via your Internet service provider or your network (if you access the

Internet from, for example, a computer at work). Your IP address is automatically logged by

Oneplan’s servers and used to collect traffic data about visitors to the Oneplan Website(s).

Oneplan does not use your IP address to identify you personally;

4.6

Oneplan only keeps cookies for the duration of your visit to our website, except where you

save your login name as referred to above.

Security

5.1

Oneplan endeavours to take all reasonable steps to protect your personal information.

However, Oneplan cannot guarantee the security of any data you disclose online. You

accept the inherent security risks of providing information and dealing online over the

Internet and will not hold Oneplan, its directors, employees or agents responsible for any

breach of security unless this is due to our gross negligence or willful misconduct.

5.2

If you receive an email that appears to come from us, providing different bank details to

the ones we supplied at the outset of the matter or indicating a change in our bank details,

please contact our offices by telephone immediately. Do not reply to the email, click on

any links or act on any information contained in it. We will not accept responsibility if you

transfer money into an incorrect account.

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Limitation of liability

6.1

Oneplan Website(s) or “App” and all materials found on the website or “App” are intended

for information purposes and provided “as is” without any warranty, representation,

condition, undertaking, or terms of any kind, express or implied, statutory or otherwise,

including without limitation, the warranties of merchantability, non-infringement of

intellectual property, professional advice, fitness for a particular purpose or suitability of the

information, software or services;

6.2

Oneplan further does not warrant the accuracy or completeness of the information, text,

graphics, links or other items contained in the Oneplan Website(s) or “App”. Oneplan may

make changes/amendments to the Oneplan Website(s) or “App”, the policies, information

described in the materials or content of these terms and conditions, at any time without

notice. Oneplan reserves the right to vary or amend these terms and conditions from time

to time. Any changes shall take effect upon posting to this website or “App”. Oneplan makes

no commitment to update the materials and may discontinue any part of the Oneplan

Website(s) or “App” or services or certain software or version of certain software for the

utilisation of the Oneplan Website(s) or “App”;

6.3

Oneplan and its service providers will not be liable for any special, direct, indirect or

consequential damages, expenses or losses whatsoever, including loss of profits or data, any

delays, whether in an action in contract or delict, arising out of the use or inability to use the

Oneplan Website(s) or “App” or performance of the Oneplan Website(s) or “App” or

nonperformance of the Oneplan Website(s) or “App”, i.e.Oneplan Website(s) or “App”not

available as a result of 3rd party service providers, maintenance, enhancements, events

outside the control of Oneplan or force majeure events, even if Oneplan have been advised

of the possibility of such damages;

Agreement

7.1

All information that is incorporated by using hyperlinks and/or other methods of reference

form part of this agreement (see Section 11(3) of the ECT Act);

7.2

Except for the agreement on these terms and conditions, no other agreement shall be

formed between you and Oneplan via electronic communications;

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7.3

This Agreement is concluded in Johannesburg, the moment you access the Oneplan

Website(s) or “App”.

Data messages sent from Oneplan to you have been sent from Oneplan’s place

of business;

Data messages sent from Oneplan to you is deemed to be received when complete

message is outside the control of Oneplan (left the system of Oneplan);

Data messages from you to Oneplan are deemed to be received by Oneplan only

when Oneplan responds thereto. Such acknowledgement further does not give

legal effect to that message, unless specifically indicated by Oneplan that it does

give legal effect to the message.

Agreement of sale

8.1

As is the agreement of sale, whereby Oneplan can proceed to deduct the selected

premium from your nominated account in order to provide cover as requested, is

concluded at the time and place as per 7.3 herein.

8.2

Acceptance referred to in subparagraph 8.1 will occur at the moment you select “I

accept the “Terms of Use” as well as any waiting periods and general exclusions”.

8.3

In selecting “FINISH” you will be provided with access to a link where you can

download all your selected product terms and conditions via the Oneplan Mobile App

or alternatively the Oneplan self-service portal www.oneplan.co.za. You will also be

sent an email copy of your policy schedule and product terms and conditions upon this

selection. Should you not be able access the information you may request an email

copy thereof via your nominated email address by contacting the Customer Care email

address : care@oneplan.co.za.

8.4

You understand that cover limits, waiting periods, exclusions and limitations apply on

this policy and may be found under special conditions, general exclusions and each

cover type on your policy schedule.

8.5

You understand that any pre-existing conditions, congenital and hereditary conditions,

and specifically listed conditions as per your policy schedule are subject to 12-month

exclusions.

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8.6

You agree that you are at least 18 years of age and possesses the legal right and ability

to enter into this Agreement and to use this website or “App” in accordance with all

terms and conditions herein.

8.7

Expression of intent

8.7.1

You acknowledge that all agreements, authorisation or request under this

agreement satisfies the “writing” requirement as per Section 12 of the ECT

Act and the Financial Advisory and Intermediary Services Act;

8.7.2

For purposes of Electronic Communications between you and Oneplan,

no Electronic Signature is required; the mere sending of data messages or

browsing of our website or “App” demonstrates your intent to be a party

to this agreement.

8.8

Attribution of data messages

8.8.1

You agree and warrant that the data message sent, from any computer or

device that are owned by you or your employer or programmed by

you or on your behalf, to Oneplan was sent by you or a person that had

authority to act on your behalf in respect of the data message.

8.8.2

Where you are an unintended recipient of any email communication which

is not addressed to you, you agree to the following:

8.8.2.1

The information contained in the email and attachment is

confidential and the property of the sender and viewing this

message and any attachments, as well as copying,forwarding,

printing, and disseminating any information related to the

email is prohibited, and that you should not take any action

based on the content of the email and/or its attachments.

8.8.2.2

Should you received an email in error, to contact the sender

and destroy all copies of the email and any attachment.

8.8.3

Please note that the views and opinions expressed in the email are solely

those of the author and do not necessarily reflect those of Oneplan.

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8.8.4

While antivirus protection tools have been employed, you should check

the email and attachments for the presence of viruses. No warranties or

assurances are made in relation to the safety and content of the email

and attachments. The sender accepts no liability for any damage caused

by any virus transmitted by or contained in the email and attachments.

8.8.5

No liability is accepted for any consequences arising from the email.

Termination

9.1

These terms and conditions and your access to the web portal or “App” may be

terminated at any time by Oneplan without notice. All restrictions, disclaimers and

limitations of liability by Oneplan will survive termination, however, you will no longer

be authorised to access the web portal or “App”.

9.2

You understand that you may cancel this agreement within a seven (7) day cooling-off

period, and we will refund any collected premium, provided that no benefit has yet

been paid or claimed. All cancellation requests after the seven (7) day cooling off

period are subject to a full calendar months’ notice and must be submitted in writing.

10.

Breach

Claims resulting from negligence, mis-use and/or fraud will not be paid and is

considered a material breach of the terms and conditions of the policy. Oneplan

reserves the right to take any and all resources available in law to address this

breache.

10.1

If you are in breach of the terms and conditions of this web portal or “App”, Oneplan

reserves the right to, without prejudice to any rights which it may have in terms hereof

or in law, to:

Order for specific performance and damages;

Terminate this Agreement and claim damages;

Institute criminal procedures, where applicable and necessary.

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10.2

All costs, charges and expenses of whatsoever nature which may be incurred by

Oneplan in enforcing its rights in terms hereof including, without limitation, legal

costs on the scale as between an attorney and own client and collection commission,

irrespective of whether any action has been instituted, shall be recoverable from you if

the above rights are successfully enforced.

11.

General and miscellaneous

11.1

Sole record of agreement

These terms and conditions contained in this document together with your Policy

schedule, as may be amended from time to time, constitute the sole record of the

agreement between you and Oneplan with regard to the subject matter hereof.

No party shall be bound by any express or implied term, representation, warranty,

promise or the like not recorded herein.

11.2

No data message as defined above, including but not limited to an email, sms and

recorded voice message, sent by you to Oneplan shall amend this agreement or the

rights and duties of the parties in any manner, unless such a data message is reduced

to paper and signed by the parties.

11.3

No relaxation or indulgence, which any party may grant to any other, shall constitute a

waiver of the rights of that party and shall not preclude that party from exercising any

rights which may have arisen in the past or which might arise in future.

11.4

Any provision under these terms and conditions, which contemplates performance or

observance after any termination, or expiration of this Agreement shall survive any

termination or expiration of this Agreement and continue in full force and effect.

11.5

If any one or more of the clauses of these terms and conditions shall be declared

or adjudged (formally or informally) by competent authority to be illegal, invalid or

unenforceable under any law applicable in any jurisdiction in which these terms and

conditions is to be performed, including this clause:

11.5.1

That clause shall be deemed for all purposes to be severable from all the

other clauses of these terms and conditions, which clauses shall continue

in force unaffected;

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The terms and conditions thus continuing shall (subject and without prejudice to any

appeal to higher authority as to the status of that clause) exclude the offending clause

but, if such deletion substantially affects or alters the commercial basis of these terms

and conditions, the terms and conditions, including such provision, shall be amended

in such manner as the parties shall in good faith agree which will, while not being void

or unenforceable, most nearly achieve the object of the allegedly void or unenforceable

provisions.

11.5.2

Any amendments to your Policy Schedule will be communicated in writing

and will be given 31 days notice of such changes before they are

implemented.

12.

Applicable and governing law

12.1 The law of South Africa and the jurisdiction of the South African courts shall govern this

Agreement.

Underwritten By

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