5.1 Although Medican will have taken all reasonable precautions to ensure that the
information provided is accurate and that a member suffers no loss or damage as a
result of the use of Endelea Plan Group Insurance Scheme, by using the service you
agree that your use is entirely at your own risk and you assume full responsibility for any
risk of loss or damage arising from the use of the service with the exclusion of any wilful
and gross negligence by Medican or its officers, employees, subcontractors or agents.
You are responsible for the correctness of the data in your Endelea Plan account.
5.2 By using Endelea Plan Group Insurance Scheme, you hereby acknowledge that you
have registered for Endelea Plan membership voluntarily and without any coercion and
have no legal rights, other than the express contractual obligations, against Medican for
the use of the Scheme. This includes agreement to receive communications from
Medican, Endelea Plan or our partners and service providers by way of SMS, email or
any other form of information dissemination.
5.3 You agree that Medican and its officers, employees, agents and partners will not be
liable for any loss or damage including, without limitation, any direct, indirect, special,
incidental, consequential or punitive damages, whether arising out of contract, statute,
tort or otherwise arising from:
5.3.1 Any force majeure events or other circumstances outside the control or knowledge
of Medican or including industrial disputes, terrorist or enemy action.
5.3.2 Any losses incurred due to any inaccurate content, loss or unavailability of data or
lack of access to the service that is beyond the control of Medican.
5.3.3 Any content on a third-party or online partner site or service.
5.4 Medican disclaims liability from the fraudulent actions of any third parties including butnot limited to any disputes with underwriters or healthcare providers for services
provided by them or their representatives.
5.5 Medican disclaims liability arising from any mistreatment, malpractices or wrongful
actions of any of the underwriters or contracted healthcare providers in the line of
providing health services.