User Agreement
Oyi (THE PLATFORM, ITS SERVICES AND FUNCTIONALITY) IS NOT A MEDICAL AID.
General Terms and Conditions of Use
1. Definitions and Interpretations
1.1. The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely -
“Agreement”, “facility” or “account” means the agreement between you and us incorporating the Medical Card application form (which serves as the pre-agreement and quotation) as well as the terms and conditions of the card in force from time to time;
“Application” or “applying” means when you apply to us for our services;
the “Card” means the MasterCard Debit card, called the FlexPay Card/Oyi Medical Card, issued by Mercantile Bank Limited (1965/006706/06) on our request to you for your use;
the “we”, “us”, “our”, “Oyi” means Oyi Tech (Pty) Limited, of Clearwater Office Park Building 3, Corner Millenium & Christiaan de Wet Road, Roodepoort, 1735, also being the credit provider registered in terms of the National Credit Act 34 of 2005 (“NCA”), number NCRCP10411 and any person to whom we transfer any of our rights or obligations under this Agreement;
the “You”, “your” means, the person whose name appears on the Medical Card application form, pre-agreement statement and quotation and to whom these Terms and Conditions are applicable.
"Personal Information" means any information disclosed by the you, including all works and materials: uploaded to or stored on the Platform by you; transmitted by the Platform at the instigation from you; supplied by the you to the Platform for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by you;
"Good standing" means a Subscriber whose monthly payments are up-to-date with no outstanding payments;
"Hosted Services" means the provision of the Oyi subscription service which enables you to subscribe to a nominated medical practitioner for their services. Subject to your subscription being in Good Standing, a subscription entitles you to access the nominated Medical Practitioner’s services within these terms and conditions and those provided at time of subscription;
"Platform" means the Oyi website and its services provided and managed by Oyi and used by Oyi to provide the Hosted Services, including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and server software is installed;
"Services" means any services that Oyi provides to you;
"Subscriber", "Member" or "User" means the end user of the Oyi website and its products services;
"Subscriber Data" means all pieces of information and data input and collected about the Subscriber;
"Supported Web Browser" means the latest release from time to time of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the Provider agrees in writing shall be supported;
"website" means the internet application with the address www.oyi.co.za or any application with a URL that is validly registered to Oyi;
1.2. any reference to an enactment is to that enactment as at the signature date and as amended or re-enacted from time to time;
1.3. if any provision in a definition is a substantive provision conferring rights or imposing obligations of any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the agreement;
1.4. where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
1.5. where any term is defined within the context of any particular clause in this agreement, the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to if for all purposes in terms of this agreement, notwithstanding that the term has not be defined in this interpretation clause.
2. Conditions of Access
2.1. Your access to, and use of, the Oyi Platform and its services is subject to the 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 the Oyi Platform and any third-party websites and software applications licensed to us;
2.3. Regardless of the platform, gateway, portal or mode of access you use to access the Oyi Platform. Your internet provider may charge you for accessing the Oyi Platform or for any usage of the Platform. Oyi cannot be held responsible for these charges.
3. Changes to this User Agreement
3.1. 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.
3.2. The current version of this user agreement will apply each time that you access and use the Platform.
4. Your Acceptance and Consent
4.1. By using the Platform, you 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 Platform.
5. The application process
5.1. Any application is subject to our internal approval criteria, these terms and conditions, any statutory regulations. Subject to prevailing regulations, we have the discretion to decline your application if you do not meet our requirements and we have the right to withdraw or close the account at any time.
5.4. The first time that you purchase on your facility, swipe your card and enter your PIN for the purchases, these actions will constitute your acceptance of these terms and conditions.
6. The Oyi Medical Card
6.1. You will be issued with a Oyi Medical Card which you must sign using a ballpoint pen.
6.2. You are the only person who may use your card and you cannot transfer it to any other person.
6.3. If you have requested additional cards on your facility, you will be responsible for the purchases made using such additional card. Any additional card issued by us against this facility must also immediately be signed by the person that you nominate to use that additional card. Only you or your nominated additional cardholder may use the additional card.
6.4. Ownership of the card(s) vests with the issuer of the card and you must return the card(s) on demand.
6.5. You may use the card to make purchases at any medical and healthcare provider, or any such merchant that we accept.
6.6. You are responsible for the safekeeping of the card. If your card (or additional card) is stolen, you must immediately notify us by phoning 061 486 9787. If you fail to notify us that your card (or additional card) is lost or stolen, you will be liable for any purchases charged to your account until such time as such card is reported lost or stolen.
7. Account costs
7.1. We will charge you a monthly Fee. At our discretion the monthly service fee may be increased from time to time. The Monthly Fee will be debited to your account each month. The monthly service fee may from time to time be waived by us in whole or in part in our sole discretion.
7.2. We may charge you an Activation Fee on opening your account which will be specified in the application form and/or pre-agreement statement and quotation. The Activation Fee, if applicable, may be paid by you upfront. If you do not choose to pay it upfront, it will be added to your balance pro-rata to the purchase transaction amount.
8. Legal and other charges and costs
8.1. If your account goes into arrears:
8.1.1. default information may be submitted to the credit bureau and this may affect your ability to obtain further credit; and
8.1.2. we may suspend your account. If we close your account, you will be required to pay the account in full; and
8.1.3. we reserve the right to charge you interest
8.1.4. your account may be handed over to a debt collecting agency for recovery of amounts due and you will be charged costs which will not exceed those allowed by the NCA and Debt Collectors Act if applicable; and
8.1.5. if we have to institute legal action against you (issue a summons) you will be liable for all legal costs including legal costs, collections costs and tracing fees.
8.2. The above costs will be debited to your account, as well as such other charges as and fees as provided for in the NCA.
8.3. Judgement may also be taken against you.
9. Waiver
If for any reason or purpose we do not immediately enforce or implement any of our rights in terms of this agreement, it does not mean that we have abandoned, given up or waived such rights.
10. Consent to jurisdiction
In terms of section 45 of the Magistrate’s Court Act, 32 of 1944, (“MCA”) you hereby consent that we may institute any legal proceedings that have to do with this agreement or your account, in the Magistrate’s Court, being any Magistrate’s Court, which in terms of section 28 of the MCA, has jurisdiction. We can however choose to institute action against you in any other court having jurisdiction.
11. Your domicile address
The home address you gave us when completing the application form is the address which you choose where legal notices and any process may be served on you (your “domicile address”) in the manner you elected in your Application. Your mail address (be it residential, postal or electronic) will be used to forward statements, notices or other communication. You must inform us if you move to another address or change your address.
12. Consumer credit information and credit bureau
12.1. You agree that we may:
12.1.1. make enquiries to confirm any information provided by you in your application or at any time during agreement;
12.1.2. submit to any credit bureau or third party (with whom you have financial relations at any time) any information as provided by you about you or your application, the opening or closing of this agreement or your account;
12.1.3. seek, verify and receive information from the persons in 14.1.2 above when assessing your application or your credit worthiness, and also at any time during the existence of your account;
12.1.4. provide, disclose and register the existence of this agreement and any personal information and detail relating thereto, the persons in 14.1.2 above, sharing positive and negative information about you or your credit account, including non- compliance with the this agreement.
12.2. You acknowledge and understand the credit bureau will provide us with credit profile information and a credit score reflecting your credit- worthiness.
12.3. We will be entitled to obtain and disclose the above information
12.3.1. if we think it necessary or may be of benefit to you;
12.3.2. where we are legally compelled to do so;
12.3.3. where it is in our, or the public interest to so disclose.
12.4. You agree that the personal information provided by you, may be used by Oyi and its partners for marketing and related purposes. Should you not wish us to use your information for this purpose you must advise us thereof in writing.
12.5. You waiver any rights or claims you may have against us relating to the provision of information by or to us in terms of this agreement.
12.6. You have the right to contact the credit bureau, have your credit records disclosed to you, to challenge such information and have inaccurate information corrected. The credit bureau used by us is: TransUnion Credit: telephone: 0861 48 24 82.
12.7. You can also file any complaints with the National Credit Regulator on 0860 627 627 or contact the National Credit Tribunal.
13. Electronic communication and records
14.1. When you visit the Platform 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.
14.2. 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 Oyi. This includes, but is not limited to mobile push notifications.
14.3. 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 Oyi, you may change the way you receive your communication on the website, or you can phone our contact centre.
14.4. Oyi 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.
14.5. 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.
14. Copyright
14.1. All content made available on the Platform (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to Oyi, 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 Platform is the exclusive property of Oyi and is protected by South African and international copyright laws.
14.2. Except if permitted under this or another agreement with Oyi no portion of the Oyi Platform may be copied or transmitted via any means available now or in the future.
14.3. Any unauthorised use, alteration or dissemination of the information or content on the Oyi Platform is prohibited.
14.4. You agree that if you breach the terms of this clause 13, Oyi will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. Oyi 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.
14.5. Nothing on the Platform should be regarded as granting any licence or right to use any trademark without Oyi's prior written permission and/or that of any third party.
14.6. Oyi tries to ensure that the most sophisticated technology protects the information on the Platform. However, Oyi 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 Platform. 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.
15. Disclaimer of Warranty
15.1. The contents of the Oyi Platform are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. Oyi assumes no responsibility for errors or omissions in the content. Oyi further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the content. Oyi shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of the website and its contents, even if Oyi has been informed of the possibilities of such damages. Oyi cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
16. Indemnity
16.1. While Oyi makes every effort to ensure that the content and information on the Platform is complete, accurate and up to date, we make no guarantee about the suitability of the products and services on the Platform or whether they are complete accurate or appropriate.
16.2. You agree to fully indemnify Oyi, its directors and employees, and will not hold us responsible for any claim relating to your use of the Platform.
16.3. You agree to fully indemnify Oyi, its directors and employees from any errors or inaccuracies or incomplete information made available by third parties (including Medical Practitioners) on the Platform 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.
16.4. You agree that all information, including products and services or any terms or conditions relating to them, on the Platform may change. Oyi will notify you of the important changes within a reasonable time.
17. Phishing and spoofing
17.1. If you receive an unsolicited e-mail that appears to be from Oyi 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 Oyi information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer."
17.2. Oyi 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. Oyi cannot be responsible for any consequences resulting from your response to any email sent by a "phisher" or a "spoofer".
18. Linking to third party websites
18.1. 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 Oyi and Oyi 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.
18.2. Oyi is providing these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by Oyi of the linked website, their business or security practices, or any association with its operators.
18.3. From time to time Oyi may employ the services of third parties to assist with the hosting and management of certain services and aspects of the Platform. We apply every effort to ensure that our sub-contractors comply with our Privacy Policy and widely accepted security standards and they will be accountable for any non-compliance.
18.4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.
19. Applicable law
19.1. By accessing and using the Platform, 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.
20. Use of Personal Information
20.1. In order to make your use of the Platform and the products, services, facilities, tools or utilities offered on the Platform as informative and successful as possible, it is necessary for Oyi to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why Oyi would collect your personal information:
20.1.1. for Oyi to process your instructions or requests; or
20.1.2. for Oyi to ensure that we meet your needs, Oyi 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
20.1.3. once Oyi has collected and analysed your personal information, Oyi may send you promotional material or details which we think may be of interest to you.
20.1.4. to conduct market research;
20.1.5. to conduct academic research. This research is conducted to evaluate and improve Oyi’s product offerings. You are advised that information may be shared with third parties such as academics and researchers. All information collected for research purposes will be kept strictly confidential and all data will be depersonalised. No personal information will be made available to a third party without your written consent. If we publish the results of this research, you will not be identified by name.
20.2. 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 Oyi your consent you no longer wish Oyi to use or share your personal information, you may at any stage withdraw your consent.
20.3. You accept that we may store your personal information outside of the region or country that you may submit or use it in.
21. Protection of your Personal Information
21.1. Oyi 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 Oyi has concerning Oyi clients is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
21.2. When you use the products, services, facilities, tools or utilities provided by Oyi on the Platform, you may be given an access number, user name and a password. You must always keep your user name, access number and password a secret and ensure that you do not disclose it to anyone.
22. Correction of Personal Information
22.1. If you ever want to update or correct any of your personal information held by Oyi, you can e-mail us or you can phone our contact centre.
23. Personal Information held by or disclosed by you or Oyi to a third party
23.1. Because Oyi is not responsible for any representations or information or warranties or content on any third-party website (including third party websites linked to this website, websites facilitated by us or websites that serve as social networks like Facebook or Twitter), Oyi does not exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.
23.2. Oyi 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 Oyi 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 Oyi your consent you no longer wish to disclose your personal information to these third parties, you may at any time withdraw your consent.
24. Cookies and Online advertising
24.1. Oyi uses cookies. We use the word “cookie” to refer to information that is sent from the Platform to your hard drive, where it is saved. In this way, the next time you use the Platform, Oyi will know who you are and that you have visited the Platform before. We also collect information about how you use the website, your preferences and past browsing history.
24.2. Oyi engages third parties that help us deliver banner advertisements and other online communications. The third parties may collect and use information about Oyi 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.
24.3. Third party vendors show Oyi ads on sites on the internet.
24.4. Third party vendors use cookies to serve ads based on a user's prior visits to Oyi’s website.
25. General
25.1. We may monitor and record all phone calls with you.
25.2. You confirm that the terms and conditions and the meaning and consequences of this agreement have been presented and explained to you in a language that you understand. The risk relating to the agreement as well as your rights and obligations have also been explained to you.
25.3. If you are married in community of property, you confirm that you have obtained the written permission of your spouse to open this Account.
25.4. We are entitled at any time to cede, assign or transfer any or all of our rights and obligations hereunder to any person.
25.5. We will not be held liable for any loss or damage sustained by you or a third party regarding this agreement.
25.6. If we cannot enforce any condition under this agreement, it will not affect any of the other conditions under this agreement.
25.7. In order to be valid and binding, and unless such amendment is made in accordance with the NCA, any changes or amendments to this agreement must either be made in writing or be recorded telephonically and thereafter verified by us in writing. We may however at any time amend or replace these terms and conditions and if we do so, it does not mean a novation of the agreement, any transaction or your indebtedness (meaning that a new agreement does not come into place).
25.8. The application form and/or pre-agreement quotation and these terms and conditions, forms the whole agreement between you and us regarding your Oyi Medical Card, and this is governed by and interpreted in accordance with the laws of the Republic of South Africa.
25.9. You have the right to be excluded from any –
25.9.1. telemarketing campaign that may be conducted by or on behalf of us;
25.9.2. marketing or customer lists that may be sold or distributed by us, other than as required by regulation; or
25.9.3. mass distribution of email or SMS messages.