Terms & Conditions

The applicant for (and recipient of) a charitable contribution on his / her behalf, paid by Akiva (without obligation and only for such time as donor funding is available) solely calculated as a (part) payment of a monthly premium in respect of a recommended medical aid plan to be acquired by the Member, subject to a comprehensive analysis of the Member’s circumstances, financial situation, needs and personal objectives by Akiva, the Medical Aid and / or Financial Advisor/s

Means any person who signs or otherwise consents to the terms and conditions (electronically or physically), independently from the Member and who accepts full responsibility for payment of the Proportional Contribution due by the Member. The Guarantor remains jointly liable in solidum for the full outstanding balance/s of any Proportional Contribution of any Premium/s due on behalf of the Member.

Includes an applicant (electronically or physically), whether as a Member, guarantor, parent(s) and / or guardian where the Member is a minor, together and / or separately where the person has signed in that capacity.

"Third parties" include but are not limited to financial advisors, medical practitioners, doctors, radiologists, physiotherapists, pathologists, specialists, Medical Aid schemes and other service providers who are not employed by Akiva but are involved in the provision of various services to the Member.

Cratos Life (Pty) Ltd, Registration number 2012/124902/07, an authorised financial services provider (18147) and a mandated juristic representative of Discovery Health (Pty) Ltd and the Discovery Health Medical Scheme or other authorised financial services provider which provides services to Members in conjunction with Akiva from time to time

The medical aid scheme offered to the Member from time to time, generally a Key Care policy, with the prescribed minimum benefits and exclusions set out therein, if successfully obtained for the Member based on a comprehensive analysis of the Member’s circumstances, financial situation, needs and personal objectives.

By consenting to these Terms and Conditions, Members acknowledge that they have read and are familiar with all terms and conditions of the Medical Aid and any exclusions, waiting periods or other conditions that may apply to them.

I/we consent to Akiva obtaining any information from any credit bureau, or any other institution with whom I/we may have financial dealings concerning our credit profile, payment history and related financial information.

I hereby consent to other community organisations, including but not limited to the Johannesburg Jewish Helping Hand and Burial Society ("The Chev") and its affiliated organisations sharing my personal information, including special personal information as defined in the Protection of Personal Information Act No. 4 of 2013 with Akiva Medical NPC ("AKIVA") insofar as such information is required by AKIVA to process my Medical Aid Application.

I acknowledge that it is necessary for Akiva and third parties that are involved in the provision of services to process my personal information. I provide my express consent to Akiva to process my personal information as defined in law for purposes of providing the services and to share such personal information with third parties in order to provide various services to me.

Akiva reserves the right to verify the Member’s address, employment and income details.

Akiva reserves to right to perform a financial review and needs analysis on an annual basis and to adjust or cancel the member's subsidy accordingly at Akiva's sole discretion, with due notice given to the member.

The signatories will be responsible for and agree to make payment of the proportional contribution of the premium as charged by the Medical Aid from time to time by no later than the 23rd day of each calendar month. Details of the premium structure as applicable from time to time are available in writing on request from the Financial Advisor and / or the Medical Aid.

In the event that any payment of the Proportional Contribution of the Premium is missed for a consecutive period exceeding 2 (two) months, Akiva may cancel the Member's involvement in the Scheme with immediate effect.

The agreed portion of the premium due by the Member and / or the Guarantor in respect of any premium payable to the Medical Aid.

In the event where you have failed to pay the Proportional Contribution of the premium mentioned above, Akiva have the right to recover any legal costs to recover the amount due, including attorney and costs levied including collection commission and all related legal costs incurred.

The signatory(ies) will be personally responsible for payment of any Third Party costs not covered by the Medical Aid scheme, whether the invoice has been submitted to my medical scheme or any other party for payment, as the person/s who signed these terms and conditions and as the person responsible for payment of the full outstanding amount.

Full or partial duplicate payments shall be refunded only to the person or entity that made the duplicate payment. Refunds shall be effected by way of Electronic Funds Transfer ("EFT") or a credit card reimbursement only

Where a credit amount is refundable to a Member it may be set off against any outstanding third party accounts for that Member before being refunded. Where a credit amount is refundable to the Medical Aid, such credit amount will be set off against future payments due by the Medical Aid. Where a credit amount is refundable to a guarantor who is not the Member, the credit amount shall be reimbursed to the creditor without any set off against any outstanding accounts of the Member.

The signatories authorise Akiva or any attending doctor, or any other attending healthcare professional to disclose the nature of the Member’s diagnosis and/or any health services rendered to the Member and all and any records or copies of records in relation thereto to the Member’s Medical Aid, and I/we confirm that I/we are duly authorised to disclose such information and in the event of any disclosure, hold Akiva harmless from any claims whatsoever

Notwithstanding any refusal and/or inability on the part of the Member to provide consent to the disclosure of any information, confidential or otherwise to the guarantor, by Akiva, the guarantor accepts by signature hereto, that he/she shall remain jointly and severally liable in solidum for the amounts so claimed in any invoice by Akiva.

The signatories understand and accept that the medical practitioners, doctors, radiologists, physiotherapists, specialists and other such practitioners who treat the Member are independent contractors who are not employed by Akiva and that Akiva is not responsible for their diagnosis, treatment or charges and agree to hold Akiva harmless in respect thereof.

Akiva will not be liable or responsible for any loss of, damage or destruction to, any property, including money and valuables, belonging to the Member, or in possession of the Member no matter how the loss, damage or destruction was caused.

Where the Member is a minor (unmarried and below the age of 18 years), both the minor’s parents and/or guardians sign these terms and conditions in both their personal and representative capacities and in so doing accept responsibility for payment of (the Proportional Contribution of) the premium in full. In the event that only one parent/ guardian signs these terms both parents shall be held jointly and severally liable for services rendered to such minor Member.

• by hand;
• by prepaid registered post; or
• by e-mail

The signatories consent and submit to alternative dispute resolution in an attempt to resolve any disputes, actions or other proceedings which might be brought against me/us by or on behalf of Akiva or any third party arising out of my/our failure to adhere to any of the Terms and Conditions contained herein, including the non-payment of any amounts due or other breach of the Akiva contract, irrespective of the value of the claim against me/us.

The signatories consent and submit in terms of section 45 of the Magistrates’ Courts Acts to the jurisdiction of the appropriate Magistrate’s Court in respect of all actions or other proceedings which might be brought against me/us by or on behalf of Akiva or any third party arising out of my/our failure to pay any amounts due or other breach of the contract, irrespective of the value of the claim against me/us.

This Akiva Contract and the use of any charitable contribution by Akiva and any health services provided to the Member shall be governed by and construed in accordance with the laws of the Republic of South Africa.

The addresses provided in the details section above are the chosen domicillium addresses for all purposes, including the serving of any court documents such as summonses or notices, the payment of any amount and any communication between the parties in terms of this agreement. A party may change their chosen address by 30 days written notice to the other party.

I/we, the undersigned warrant that I/we have read, understood and agree to these Terms and Conditions, and any Indemnity and/or Disclaimer set out herein and contracts on such terms and conditions therein.

I/we acknowledge that I /We have read and are familiar with all terms and conditions of the Medical Aid and any exclusions, waiting periods or other conditions that may apply to me/us and shall have no claim against Akiva, its directors or employees for any costs incurred by me/us which may not be covered by the Medical Aid.