Disclaimer

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Bestmed makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Bestmed does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non–misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you
• require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Bestmed will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• [to the extent that the website is provided free–of–charge, for any direct loss;]
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Bestmed has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Bestmed’s liability in respect of any:

• death or personal injury caused by Bestmed’s negligence;
• fraud or fraudulent misrepresentation on the part of Bestmed’s; or
• matter which it would be illegal or unlawful for Bestmed’s to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Marketing Collateral

Bestmed Medical Scheme and its trustees, officers and employees shall not be responsible and disclaims all liability for any loss, damage (whether direct, indirect, special or consequential) and/or expense of any nature whatsoever, which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of, or reliance upon any information or services offered by any of our marketing collateral (the range of media products to support the sales of products or services).

Without limiting the generality of the previous paragraph, the information provided in our marketing collateral is intended to provide you, the user, with objective information about Bestmed’s products and services and is not intended to constitute professional advice, guidance or proposal in regard to the suitability of any product in respect of any financial need you may have. Calculations made/obtained by means of the calculators, planning tools or other facilities made available in our marketing collateral are for illustrative purposes only and, unless the contrary is specifically stated, are subject to written confirmation by Bestmed at the time of concluding a transaction. The content is given as general information and no guarantee is given as to completeness or accuracy.

While every effort has been made to ensure the accuracy of information contained in all our marketing collateral, Bestmed Medical Scheme and its trustees, officers and employees provide no representation or warranty, express or implied, regarding the accuracy, completeness or correctness of information contained in any of our media products.

Please note that should a dispute arise, the registered Rules of Bestmed as approved by the Registrar of Medical Schemes shall prevail.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other Parties

[You accept that, as a limited liability entity, Bestmed has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Bestmed’s officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bestmed’s officers, employees, agents, subsidiaries, successors, assigns and sub–contractors as well as any other parties involved.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer