- Website terms and conditions of use
- This document sets out the terms and conditions (“Terms”) of the GOVERNMENT
MEDICAL SCHEME ("GEMS"), a registered medical scheme having its principal place of
124 Mercy Avenue, Menlyn Maine, Waterkloof Glen Ext.2, Pretoria, 0057, pertaining to the access and
the information, products, services and functions provided on gems.gov.za and any other online or mobile platform published
operated by or on behalf of GEMS (collectively referred to as "the Website").
- By accessing and/or using this Website or any section thereof, you agree to be bound by these Terms
it is enforceable against you.
- Should any person that accesses the Website (“you” or “user”) disagree with
the Terms, you must refrain from accessing the Website and/or using our services.
- If you are under the age of 18, you must obtain your parents’ or legal guardians’
authorization, permission and consent to be bound by these Terms before purchasing any products or
- GEMS reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of,
and any conditions relating to your access and use of the Website.Such amendments shall supersede
replace any previous Terms and shall be made available on the Website. Each time a user accesses the
and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to
Terms, as amended and/or replaced by GEMS from time to time. If you are not satisfied with the
applicable/amended Terms, you should refrain from using the Website.
- The manner in which you access the Website will be done on the basis of an agreement between you and
party service provider, such as your data or cellular service provider. GEMS is not responsible for
impact your use of the Website could have on your agreement with such third party service providers.
- Where your use of the Website is conditional upon your agreeing to any other terms and conditions
a third party supplier, those terms and conditions shall be in addition to, and not instead of,
- Content of the website
- GEMS reserves the right to make improvements, to change or to discontinue, without notice, any
feature of the Website and any information or content on the Website.
- GEMS reserves the right to change and amend the products, prices and rates quoted on this Website
to time without notice.
- GEMS may use the services of third parties to provide information on the Website. GEMS has no
such information and makes no representations or warranties of any nature as to its accuracy,
appropriateness or correctness. The user agrees that such information is provided “as
that GEMS and its online partners shall not be liable for any losses or damages that may arise from
user’s reliance on it, howsoever these may arise.
- GEMS makes no representations or warranties, whether express or implied, as to the accuracy,
reliability of any information, data and/or content on the Website, including without limitation:
- GEMS does not warrant that the Website or information or downloads shall be error-free or
that they shall
meet any particular criteria of performance or quality. GEMS expressly disclaims all implied
including without limitation, warranties of merchantability, fitness for a particular
non-infringement, compatibility, security and accuracy;
- Whilst GEMS has taken reasonable measures to ensure the integrity of the Website and its
warranty, whether express or implied, is given that any files, downloads or applications
available via this
Website are free of viruses, or any other data or code which has the ability to corrupt,
damage or affect
the operation of the user’s system; and
- GEMS disclaims any responsibility for the verification of any claims. Information published
on this Website
may be done so in the format in which GEMS receives it and statements from external parties
necessarily been verified.
- The user warrants that, when requested and elected to do so, it will only submit content through the
which is complete, true, accurate and correct. GEMS shall be entitled to rely on information so
and shall not incur any liability in the event of the user having submitted incorrect or false
- Access to Restricted Sections of the Website
- Benefciaries of GEMS could gain access to sections of the Website where access is restricted
- In order to gain such access, the user will have to register a username and password, shall be
minimum requirements, criteria and conditions as may be determined and amended by GEMS from time to
- The user is responsible to safe guard his/her username and password and not to allow any other
person to use
same. The user shall remain responsible for all actions, changes and information submitted using the
- The use of the Restricted Sections is also subject to these Terms.
- A user may not access the Restricted Sections by using another person's username and/or password.
- Linked third party websites and third party content
- GEMS may provide links to third party websites on the Website. These links are provided to the user
convenience purposes only and GEMS does not endorse, nor does the inclusion of any link imply
endorsement of, such websites, their owners, licensees or administrators or such websites’
security practices and operations.
- While GEMS tries to provide links only to reputable websites or online partners, GEMS cannot accept
responsibility or liability for the information provided on other websites. Linked websites or pages
under, nor subject to, the control of GEMS. GEMS is not responsible for and gives no warranties or
representations in respect of the privacy policies or practices of linked or any third party or
websites on the Website.
- You agree that GEMS shall not be held liable, directly or indirectly, in any way for the content,
the use or
inability to use or access to any linked website or any link(s) contained in a linked website, nor
loss or damage of any sort incurred as a result of any dealings with, or as the result of the
such third party linked websites on the Website. Any dealings that you may have with any linked
including advertisers, found on the Website, are solely between you and the third party website.
The information on the Website, links or attachments hereto are intended for general information
GEMS has copyright on the contents of this Website. The user hereby agrees that it shall not itself, nor
a third party:
- copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt,
modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website
reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- decompile, disassemble or reverse engineer any portion of the Website;
- write and/or develop any derivative of the Website or any other software program based on the
- modify or enhance the Website. In the event of a user effecting any modifications or enhancements to
Website in breach of this clause, such modifications and enhancements shall be the property of GEMS;
- without GEMS’s prior written consent, provide, disclose, divulge or make available to or
use of or give access to the Website by persons other than the user;
- remove any identification, trademark, copyright or other notices from the Website;
- post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information
the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory,
ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable
of any kind; and/or
- notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose
than personal, non-commercial and information purposes.
- In order to ensure the security and reliable operation of the services to all GEMS’s users and
security of all users' information, GEMS hereby reserves the right to take whatever action it may
necessary to preserve the security, integrity and reliability of its network and back-office
- You may not utilise the Website in any manner which may compromise the security of GEMS’s
tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or
attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any
unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any
entity which does so, or attempts to do so, shall be held criminally liable. Further, should GEMS
damage or loss, civil damages shall be claimed by GEMS against the user.
- Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and
Transactions Act25 of 2002 (“ECTA”) (specifically sections 85 to 88
shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages
and/or incurred by GEMS and its affiliates, agents and/or partners.
- Intellectual property rights
- For the purpose of this clause, the following words shall have the following meanings ascribed to
- “Intellectual property rights” means all and any of the rights in and to
of any nature whatsoever owned and/or controlled directly or under licence by GEMS, now or
in the future,
including without limitation, GEMS’s rights, title and interest in and to all
code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia,
and copyright, and all similar proprietary rights which may subsist in any part of the
registered or not.
- All copyright and other intellectual property rights in all content, trademarks, software, data,
including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs,
agreements, and multimedia works, published on or via the Website (“proprietary
the property of, or are licensed to, GEMS and as such are protected from infringement by local and
international legislation and treaties.
- By submitting reviews, comments and/or any other content (other than your personal information) to
posting on the Website, you automatically grant GEMS and its affiliates a non-exclusive,
perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy
distribute such content in whole or in part worldwide, and to incorporate it in other works in any
media, or technology now known or hereinafter developed, for the full term of any copyright that may
in such content. Subject to this licence, you retain any and all rights that may exist in such
- All rights not expressly granted are reserved and no right, title or interest in any proprietary
information contained in this Website is granted to you.
- Except with GEMS’s express written permission, no proprietary material from this Website may
- Irrespective of the existence of copyright, the user acknowledges that GEMS is the proprietor of all
material on the Website (except where a third party is indicated as the proprietor), whether it
confidential information or not, and that the user has no right, title or interest in any such
- GEMS authorises you only to view, copy, temporarily download to a local drive and to print the
this Website, or any part thereof, provided that such content is used for personal purposes and for
information purposes only, and such content is used for non-commercial purposes.
- Risk, limitation of liability and indemnity
- The user’s use of this website and the information contained on the website is entirely at the
user’s own risk and the user assumes full responsibility and risk of loss resulting from the
- The transmission of information via the internet, including without limitation e-mail, is
monitoring and interception. The user bears all risk of transmitting information in this manner.
circumstances shall GEMS be liable for any loss, harm, or damage suffered by the user as a result
Service provider reserves the right to request independent verification of any information
e-mail and the user consents to such verification should GEMS deem it necessary.
- To the extent permissible by law:
- Neither GEMS, its affiliates, shareholders, agents, consultants or employees shall be liable
for any damages
whatsoever, including without limitation any direct, indirect, special, incidental,
punitive damages, howsoever arising (whether in an action arising out of contract, statute,
otherwise) related to the use of, or the inability to access or use the content of the
website or any
functionality thereof, or the information contained on the website, or of any linked
website, even if GEMS
knows or should reasonably have known or is expressly advised thereof.
- The liability of GEMS for faulty execution of the website as well as all damages suffered by
whether direct or indirect, as a result of the malfunctioning of the website shall be
limited to GEMS
rectifying the malfunction, within a reasonable time and free of charge, provided that GEMS
immediately of the damage or faulty execution of the website. This liability shall fall away
expressly excluded if the user attempts to correct or allows third parties to correct or
attempt to correct
the website without the prior written approval of GEMS. However in no event shall GEMS be
liable to the user
for loss of profits or for special, incidental, consequential or punitive losses or damages
arising out of
or in connection with the website or its use or the delivery, installation, servicing,
performance or use of
it in combination with other computer software.
- You hereby unconditionally and irrevocably indemnify GEMS and agree to hold GEMS free from
damages, claims and/or costs, of whatsoever nature suffered or incurred by GEMS or
instituted against GEMS
as a direct or indirect result of:
- your use of the Website;
- software, programs and support services supplied by, obtained by or modified by you
or any third party
without the consent or knowledge of GEMS;
- your failure to comply with any of the terms or any other requirements which GEMS
may impose from time to
- the actions or requirements of any telecommunications authority or a supplier of
or software; or
- any unavailability of, or interruption in, the service which is beyond the control
- GEMS makes no warranty or representation as to the availability, accuracy or completeness of the
the Website. You expressly waive and renounce all your rights of whatever nature that you may have
GEMS for any loss suffered by you, as a result of information supplied by GEMS being incorrect,
- It is the user's responsibility to ensure that its personal information is only submitted to GEMS
trusted channels. Users should be cautious of third parties' attempts to obtain personal information
improper means such as "phishing" or "spoofing". GEMS cannot be responsible for any loss or
consequence as a
result of the user submitting information through an unauthenticated channel or the user's lack of
GEMS takes your privacy seriously and is committed to protecting your personal information. We use
- Personal information when used in this Policy means information that can identify you as an
individual or is
capable of identifying you. By personal information we don’t mean general, statistical,
- Your use of our services signifies your consent to us collecting and using your personal information
accordance with GEMS’ registered rules.
- Note that on visiting the Website your hard drive may automatically receive from it a persistent
which will expire automatically after one year from date of your last visit. It will be used to
your future visits and log on procedures but it will not infringe your privacy or obtain your
your credit card information.
- The information collected by the cookie from your visit will consist of the following:
• Log in time
• Your internet protocol address (i.e. the IP number);
• The banners clicked on by you;
• The duration of your visit; and
• Details of all interactions during your visit.
- The cookie will be used for statistical purposes . Should the cookie contain any personally
information we undertake not to sell or disseminate it to third parties.
- The information in the cookie will be disclosed only to this Website where it will be kept in the
confidence in terms of applicable legislation.
- Where with your consent your personal information is linked to identifiable information e.g. your
habits, you may request this website to provide you with the information so collected and to correct
- As a user of the Website, you agree that you shall hold in the strictest confidence and not disclose
third party information acquired in connection with any aspect of the products and/or services
GEMS. You shall notify GEMS should you discover any loss or unauthorised disclosure of the
- Any information or material sent to GEMS will be deemed not to be confidential, unless otherwise
writing by the user and GEMS.
- Breach or cancellation by GEMS
- GEMS is entitled without notice, in addition to any other remedy available to it at law or under
Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the
and services, or to claim specific performance of any obligation whether or not the due date for
has arrived, in either event without prejudice to GEMS’s right to claim damages, should any
- breach any of these Terms;
use the Website in a manner that is harmful or could potentially be harmful to GEMS or any other
- in the sole discretion of GEMS, use the Website in an unauthorised or improper manner; or
- infringe any statute, regulation, ordinance or law.
- Breach of these Terms entitles GEMS to take legal action without prior notice to the user and
agrees to reimburse the costs associated with such legal action to GEMS on an attorney and own
- Compliance with section 43(1) of ECT Act
In compliance with section 43(1) of the ECT Act, the following is noted:
(Insert all of the relevant information set out below)
- Full name: GOVERNMENT EMPLOYEES MEDICAL SCHEME
- Physical address: 61 ST GEORGE'S MALL, CAPE TOWN, 8001
- Telephone number: 0860 00 4367
- Fax number: 0861 00 4367
- Website address: www.gems.gov.za
- E-mail address: email@example.com
- Compliance with laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of
access to this Website.
- The user agrees that any electronic communication (such as an SMS or email) sent by GEMS using the
specified details shall be regarded as written communication to the user.
- Except as explicitly stated otherwise, any notices shall be given by email
case of GEMS) or to the e-mail address you have provided to GEMS (in your case), or such other
has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent,
sending party is notified that the email address is invalid. Alternatively, GEMS may give you notice
registered mail, postage prepaid and return receipt requested, to the address which you have
GEMS. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You
that all agreements, notices or other communication required to be given in terms of the law or
may be given via electronic means and that such communications shall be “in writing”.
Notwithstanding anything to the contrary, a written notice or communication actually received by a
shall be an adequate written notice or communication to it, notwithstanding that it was not sent to
delivered at its chosen address for that purpose.
- General clauses
- These Terms shall be governed in all respects by the laws of the Republic of South Africa as such
applied to agreements entered into and to be performed within South Africa.
- The content of the Website is not intended to be financial advice and intermediary service in terms
Financial Advisory and Intermediary Services Act of 2002 or medical advice. The user must consult a
registered Financial Services Provider in order to obtain advice relating to GEMS's products and
a medical practitioner regarding his/her medical treatment.
- This Website is controlled, operated and administered by GEMS from its offices within the Republic
Africa. GEMS makes no representation that the content of the Website is appropriate or available for
outside of South Africa. Access to the Website from territories or countries where the content of
Website is illegal is prohibited. Users may not use this Website in violation of South African laws
regulations. If the user accesses this Website from locations outside of South Africa, that user is
responsible for compliance with all local laws.
- GEMS does not guarantee continuous, uninterrupted or secure access to our services, as operation of
Website may be interfered with as a result of a number of factors which are outside of our control.
- If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such
provision shall be struck out from these Terms and the remaining provisions shall be enforced to the
extent of the law.
- GEMS’s failure to act with respect to a breach by you or others does not constitute a waiver
right to act with respect to subsequent or similar breaches.
- The views and opinions expressed in this website, links or attachments hereto do not necessarily
views and/or opinions of GEMS.
- You shall not be entitled to cede your rights or assign your rights or delegate your obligations in
these Terms to any third party without the prior written consent of GEMS.
- No party shall be bound by any express or implied term, representation, warranty, promise or the
recorded herein, whether it induced the contract and/or whether it was negligent or not.
- The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall
affect the interpretation of any of the provisions to which they relate.
- Words importing the singular shall include the plural andvice versa, and words importing
masculine gender shall include females and words importing persons shall include partnerships and
and unincorporated entities.
- These Terms set forth the entire understanding and agreement between GEMS and you with respect to
subject matter hereof.