1. Introduction
Elixir Bracelets provides an emergency assistance service, with a 24hr call center, patient portal, www.elxmed.com and SMS medical details are sent directly to a responding medical officer’s cell phone. Clients will be required to pay an annual administration fee for the Service to be available to them. The annual administration fee will be listed on the Elixir Shields web site.
By registering to use the Services, you are deemed to have accepted these terms and conditions and agree to be bound by them. Elixir reserves the right in its sole discretion to amend these terms and conditions from time to time as it may deem fit and without notice. Any changes will be posted on the Elixir Shields web site.
2. Our Service
The Elixir Bracelet services has the following
- all clients are required to register with Elixir Bracelets
- client is required to purchase a medical bracelet or necklace
- the client will receive a bracelet or necklace as requested by client with a unique, disc number, call center phone number and web site address
- responders can contact the call center or log on to www.elxmed.com
- on contacting the call center SMS messages will be sent to the responder’s cell phone with all the relevant medical information
The below information is required to fully assist the emergency personal attending to you. Please visit www.elixirshields.co.za online registration form for full information required
- list of any medical conditions
- your medical aid details
- your medication
- your allergies
- your emergency contacts
- your doctors’ details
You consent and acknowledge that by subscribing to and using the Services through the Elixir Bracelets, all emergency response service providers will have access to your personal information, special personal information (where provided) and location details and may process such information as envisaged in the Protection of Personal Information Act, 2013 for the purposes of performing the Services.
3. Commencement, duration, renewal, and termination of the agreement
Duration
This agreement will commence when you purchase your medical disc, accept these terms and conditions, and register for the Services.
The duration of the agreement shall be ongoing until terminated by the client after a 30-day written notice period. The subscription is payable via debit order. The purchase of the disc is payable or through our Elixir Payfast portal or by EFT. In the event of default of payment, the service will be terminated immediately by Elixir Shields until such time as the payment has been made.
Termination of the services:
The agreement shall terminate in the event of:
- you materially breaching any of the provisions of these terms and conditions
- your failure to pay the annual admiration fee due for the Services
- you giving a 30-days written notice to cancel the service
4. Your responsibilities
You must register for the services with Elixir. Clients must pay the subscription fee only from the second year in respect of the Services. If and where required, you hereby grant consent to Elixir to access and verify your personal information with the appropriate entities.
It is the client’s sole responsibility to ensure all their information is kept up to date via the update your information button on the Elxmed portal. www.elxmed.com
For effective operation of the Services, you need to ensure information is up to date
You acknowledge that the SMS Services are only available within the Republic of South Africa.
5. Data collection
By accepting these terms and conditions you explicitly consent to the collection, storing and analysing of your data and information set out above.
Your data is recorded and collected directly when you use the Services.
Elixir shall only use the data collected for valid, lawful reasons and for the primary purpose of providing the Services to you.
6. Limitation of liability and indemnity
Elixir or any of its related parties, companies, subsidiaries, affiliates, service providers or any respective shareholders, directors, employees, representatives or agents shall under no circumstances whether directly or indirectly be liable to you or any other party in any manner whatsoever for any injury, death, losses, expenses, consequential loss, costs, damages, unavailability of the Services of any nature that you or any third party may incur or suffer in relation to your usage of the Services whether or not attributable to any act, omission or negligence on part of Elixir.
7. Disclaimer
By using the Elixir Bracelets service, you acknowledge and agree to the below disclaimer:
Your use of the Elixir Bracelet and any related products and/or services shall be governed by and construed in all respects in accordance with the laws of the Republic of South Africa, and subject to the exclusive jurisdiction of the South African courts.
Use of this Elixir Bracelet or the information, products, and services available shall be at your own risk.
Notwithstanding the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Elixir Bracelets (PTY)LTD or any of its related parties accepts no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the information on this service, your use, of this service or any actions or transactions resulting there from, even if Elixir has been advised of the possibility of such loss, expense, claim or damages.
Elixir makes no representation or warranty, whether express or implied, as to the operation, integrity, availability, or functionality of the Elixir service or as to the accuracy, completeness or reliability of any information obtained therefrom.
Elixir further makes no warranty or representation, whether express or implied, that the products, information, or files available on the Elixir service are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of operating systems, a computer system, computer network or your hardware or software. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of an operating system, computer system, computer network or your hardware or software.
Elixir accepts no responsibility for any errors or omissions on the Elixir service. Elixir may, in its sole discretion, at any time and without prior notice to you suspend or terminate the operation of the Elixir service and any products or services provided by Elixir.
8.4 Sharing of Information
Elixir does not and will not sell or provide personal information to third parties for independent use. We may, however, share your personal information with our business partners if that information is required to provide the Services. However, our business partners will adhere to using your information only as directed by Elixir.
The following list includes but is not limited to some of the instances where we may disclose your personal information obtained from you:
- when any regulatory authority requests same
- to comply with any regulation passed under relevant legislation, or any legal process
- to enforce and protect our rights and property (including intellectual property) and/or
- where we have a legitimate interest to do so
- when you have expressly authorised us to do so; or
- if we undergo a change in ownership.
- Where permitted in terms of any legislation.
8.5 Contact us
Please ensure that you have read and understood the terms and conditions of this privacy policy before you provide us with your personal information.
We reserve the right in our sole discretion to amend this privacy policy from time to time. Save as expressly provided to the contrary in this privacy policy, the amended version of the privacy policy shall supersede and replace all previous versions thereof.
9. Amendment of the Agreement
We have the right to amend or add new terms and conditions at any time for the use of the Services. If we change any terms of this agreement, we will electronically update this agreement, the privacy policy, the Disclaimer and any other applicable annexures. You will be notified of the updated version. If you do not agree with the amendments and fail to notify us of your intention to end the agreement within 7 days, it shall be deemed that you have accepted the amended or new terms and conditions.
Save where expressly provided to the contrary in this agreement, the latest version of this agreement shall supersede and replace all previous versions thereof.
10. Severability
Every clause of this agreement is severable from the others including the clause headings. The clause headings have been inserted for convenience and will therefore not be taken into consideration in its interpretation. If one or more of the clauses are invalid, it will not mean the entire agreement is invalid and as such the rest of the clauses contained in the agreement will still be valid and apply.