Elevate’s terms of service.
All the legal jargon.

  1. APPLICATION OF THESE TERMS AND CONDITIONS
    1. These terms and conditions (Terms) apply to the Elevate Portal mobile application and website that is owned by, provided by or connected with Elevate Proprietary Limited (Registration Number: 2017/452357/07) (Elevate) that may either be (i) installed or downloaded from an online application store and accessed via a mobile device (Mobile Application) or (ii) accessed at the internet website with the address portal.elevate.co.za  (Web Application) and includes any content or services which are included in or accessible from the Mobile Application or Web Application. The Mobile Application and Web Application will be collectively referred to as the Portal.
    2. These Terms are binding on everyone who chooses to access or use the Portal, or participate in any activity offered on the Portal. By using this Portal, the person accessing the Portal and/or using the Portal (User) agrees to be bound by and shall be regarded to have accepted to abide by these Terms, and acknowledges to have read and understood them. If the User does not agree to any of the Terms, the User must not install, download or access the Portal.
    3. The Portal is a platform which allows Users, amongst others, to access certain third party heath and wellness data, get goals and tips to improve healthy behaviour, earn rewards for achieving health goals, be informed about services offered by Elevate (Services) and have the Services administered. A User must register an account with the Portal in order to make use of this platform.
    4. Elevate reserves the right to and may occasionally make any changes to these Terms by uploading the amended Terms on the Portal. If the User continues to use this Portal, after the changes have been uploaded, this action shall represent the User’s agreement to the updated Terms.
  2. GRANT OF RIGHTS AND USE OF THE PORTAL
    1. Elevate  grants to the User the right to access and use the Portal upon acceptance of these Terms.
    2. The rights granted to the User by way of these Terms are personal, revocable, non-transferable, limited and non-exclusive.
    3. General access to the Portal will be royalty free, however, certain extensions to the Portal will only be available for a service fee.
    4. For Elevate policyholders, the service fee will be recovered from premiums.
    5. The User shall not be entitled to use the Portal for any other purpose than that mentioned in these Terms.
    6. The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Portal’s contents without the prior written consent of Elevate . 
    7. Elevate  reserves the right to make any changes to the Portal, its content and/or services offered through the Portal at any time and without prior notice.
    8. The content published on the Portal reflects the views of the relevant User or author and does not necessarily represent the official opinion of Elevate  unless otherwise stated.
    9. A User shall not post on the Portal any content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language. A User shall also not post on the Portal any link to any such content.
    10. Elevate encourages the User to report illegal, defamatory, infringing, incorrect or harmful content from the Portal to Elevate and Elevate undertakes to correct or remove such content or any part thereof if it feels that it is appropriate to do so.
    11. Although every effort will be made to have the Portal available at all times, the Portal may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption.  Elevate  does not warrant against nor will it be held liable for such downtime and the User indemnifies Elevate  against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
    12. If the User commits any breach of these Terms or in any other way interacts with or uses the Portal in an unlawful or unauthorised manner, Elevate  shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Portal immediately, without prior notice, without any liability on Elevate’s part and without prejudice to Elevate’s rights in terms of these Terms or at law. 
    13. By accessing this Portal, the User represents and warrants that the User owns and/or otherwise controls all of the rights to the content that the User posts and/or uploads on the Portal.  Furthermore, the User represents and warrants that the content submitted to the Portal is accurate, can be used, and will not result in injury, insult or violate any clause of these Terms or any law. The User shall indemnify and hold harmless Elevate, its representatives, employees, agents and contractors from and against any and all loss by any person which results from a violation of these representations or warranties.
  3. USER REGISTRATION AND ACCESS
    1. The User acknowledges that the User shall be required to capture personal information upon registration in order to create an account with which the User can log into the Portal. 
    2. The User accepts full responsibility for all activities that occur under the User’s access details or password and accepts responsibility for sharing his or her User name and password.
    3. If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Portal’s security systems, the User must keep this information secret and confidential and must not permit anyone else to use it.  The User shall be responsible for all access to the Portal with the User’s username and password.  When the User’s username and password have been used in order to gain access to the Portal, Elevate  shall be entitled to assume that such use and all related communications emanate from the User. Elevate  shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
    4. In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Elevate  with subsequent confirmation in writing.  The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Elevate  may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
    5. The User will be automatically logged out of the Portal after a certain time period of inactivity and will have to fill in their username and password again thereafter.
    6. The User shall be allowed to utilise a “Reset password” and “Forgot password” function through either e-mail or SMS. The User acknowledges that the User’s access to the Portal may be refused if information cannot be verified.
    7. The User agrees that Elevate  cannot be held responsible for charges incurred by the User in respect of accessing the Portal or for any usage of the Portal, including but not limited to data and text message charges.
  4. PORTAL ENHANCEMENTS AND SUPPORT
    1. Although the User may be granted access to the Portal’s enhancements, upgrades, later releases or versions, the User shall have no general right thereto. These shall be made available in the sole and absolute discretion of Elevate .
    2. The User agrees that the Portal may automatically be enhanced or upgraded for the continued functionality of the Portal or for any reasonable business purpose and the User consents to such enhancements and upgrades.
    3. Elevate  may notify the User when new enhancements and upgrades are ready to be installed from time to time and/or make such enhancements or upgrades available for download by the User.
    4. The User’s use of the enhancements or upgrades will be governed by these Terms unless the User is asked to agree to new or additional terms and conditions at the time of download or installation.
    5. The User shall have no general right to maintenance and support services in respect of the Portal. Elevate  may, in its discretion, make such support available.
  5. USER CONTENT
    1. The User shall be allowed to create a profile and submit information through the Portal. Additionally, previous and ongoing health data from such medical aid schemes which enter into an arrangement with Elevate (Participating Medical Schemes) and health data from wearable devices which have been connected to the Portal by the User, will be linked to the User’s profile upon the User providing informed consent for each data source to be linked. Information submitted by the User and health data from a Participating Medical Scheme and connected health data devices will be referred to collectively as “User Content”.
    2. The User acknowledges that Elevate does not editorially control, filter or read User Content on the Portal on an ongoing basis, and acknowledges and agrees that Elevate  shall not be responsible, in any way, for any User Content. Any User that views and relies on User Content shall do so at the User’s own risk. The User hereby waives any claim of any nature whatsoever against Elevate suffered by the User in respect of User Content. 
    3. The User agrees that it grants Elevate a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to view, aggregate or otherwise use the User Content in any format in connection with the operation of Elevate’s various businesses (including, without limitation, the Portal).
    4. The User understands that Elevate will at times make aggregate statistics based on the User Content available to a Participating Medical Scheme.
  6. WARRANTIES AND INDEMNITY REGARDING THE SERVICES
    1. Elevate makes no warranties or representations in respect of the Services.
    2. By using the Portal, the User agrees to hold Elevate harmless in respect of any liability or damage that might arise out of a User’s utilisation of the Services. Neither Elevate  nor its officers, employees, agents and contractors shall be responsible for the conduct, whether online or offline, of any User.
    3. Elevate  shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users attributable to Services provided pursuant to a User using the Portal.
    4. To the fullest extent permitted by law, the User indemnifies and holds Elevate , its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the Services procured and/or provided by Users to other Users on the Portal.
  7. LIABILITIES REGARDING USE OF THE PORTAL
    1. The User makes use of this Portal at their own risk.
    2. The Portal and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis.  Elevate  makes no warranties or representations of any kind, express or implied, as to the operation of this Portal or the available information, content, materials or services included on or otherwise made available to the User.
    3. Notwithstanding anything to the contrary contained in these Terms, Elevate shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Portal, whether caused by latent or patent defects in the Portal, the use of the Portal and/or information contained on the Portal or otherwise.
    4. Elevate will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Elevate .
    5. These Terms do not intend to, nor shall they be interpreted to, limit the liability of Elevate  in any way which would be illegal for Elevate to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
  8. DISCLAIMER
    1. Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Portal is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and disclaims and indemnifies Elevate from and against any and all liability and responsibility arising from any reliance placed on such information posted on the Portal.
  9. INTELLECTUAL PROPERTY
    1. The Portal is owned by Elevate  and the User acknowledges that Elevate  and its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Portal including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets (Intellectual Property) associated with, related to or appearing on the Portal.
    2. The content of the Portal, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law.  The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
    3. The User undertakes:
      1. not to use or register any trade mark(s), trade name(s) or other device(s) which are or incorporate marks which are the same as or confusingly similar to Elevate ’s trade mark(s) or which marks are likely to be related to any of Elevate ’s trade mark(s) or where such use would take unfair advantage of or be detrimental to the distinctive character or the reputation of any of Elevate ’s trade mark(s);
      2. not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of Elevate ’s rights, title and interest in and to the Intellectual Property; and
      3. not in any way to make unauthorised use of the Intellectual Property or to represent that he has any rights of any nature in the Intellectual Property or any registrations thereof.
    4. Without limiting the generality of the provisions of clause 9.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Portal and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
    5. Elevate’s graphics, logos, page headers, button icons, scripts and service names are the trade marks or trade dress of Elevate .  Elevate’s trademarks and trade dress may not be used in connection with any product or service that is not conducted by Elevate  or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Elevate. The User may not use any of the Intellectual Property without Elevate ’s prior written consent. All other trademarks not owned by Elevate  that appear on the Portal are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.
  10. MALICIOUS SOFTWARE AND OFFENSES
    1. The User undertakes that:
      1. the User will not use the Portal in any way that causes, or is likely to cause, the Portal and access to the Portal to be interrupted, damaged or impaired in any manner;
      2. no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Portal or into Elevate ’s system which may cause any form of technological harm or any other form of harm in any manner or respect;
      3. the User will not attempt to gain unauthorised access to the Portal; and
      4. the User will not attempt to gain unauthorised access to the Portal’s server, databases, computers or any other device associated with the Portal and will not attack the Portal through a denial-of-service attack or a distributed denial-of-service attack.
    2. Any breach of these Terms regarding malicious software and offenses may be reported to the relevant law enforcement agencies and Elevate will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
    3. Although Elevate and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Portal, Elevate does not warrant that the Portal is free of malicious content or viruses and Elevate will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 10.1.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Portal or downloads received from the Portal.
    4. The User warrants that he will not use the Portal in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety, nuisance or inconvenience to any person.
  11. SUSPENSION AND DEREGISTRATION
    1. Elevate reserves the right to at any time suspend or terminate the Portal or any activity on or access to the Portal for any reason, including (without limitation) any misconduct or unlawful use of the Portal by any User or for any reasons relating to any law, legislation or regulation.
    2. In the event that the Portal, any activity or event on the Portal or any person’s purchase of any of the Services  is suspended or terminated, a User shall have no claim against Elevate for whatever reason.
  12. ADDRESSES
    1. Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (Domicilium) at which all documents in legal proceedings in connection with this Agreement must be served:
      1. Elevate : As per clause 14:
      2. The User: As per the address supplied by the User upon registering with the Portal, failing which such address as provided by the User upon request by Elevate .
    2. Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
    3. Any notice by e-mail to a Party at its e-mail address shall be deemed, unless the contrary is proved, to have been received on the first business day after the date of transmission.
    4. Notwithstanding anything to the contrary contained in this clause 12, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address in terms of clause 12.1.
  13. GENERAL
    1. These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa.
    2. If at any time there is a failure by Elevate  to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations.  A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
    3. Elevate  reserves the right to amend or delete any part of the Portal, the related Terms and/or Privacy Policy at any time and without prior notice.  The User warrants that they will review the Terms on a continual basis and remain up-to-date in respect of any changes.
    4. Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
  14. DISCLOSURE OF INFORMATION
    1. Company: Elevate Proprietary Limited
    2. Registration number: 2017/452357/07
    3. Physical address: Central Park, Block J Central, 400 16th Road, Midrand, 1685
    4. Telephone number: +27 11 541 0933
    5. E-mail address:  info@elevate.co.za
    6. Elevate  will receive service of documents in legal proceedings at the above physical address.
    7. Place of registration: Republic of South Africa
    8. Registration date: 23/10/2017
    9. Names of office bearers: Matan Abraham

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