Terms of Use

Last updated: 13 July 2026

1. Agreement

These Terms of Use govern your use of the Health Adviser website at healthadviser.co.za and its associated applications (the "Platform"). By accessing or using the Platform, you agree to be bound by them. If you do not agree, you may not use the Platform.

We may amend these Terms from time to time. Changes take effect when posted. Your continued use of the Platform means you accept the current version.

2. Who you are dealing with

Health Adviser is a technology platform. It is not a Financial Services Provider and does not render financial advice in its own name.

All financial advice provided through the Platform — including SmartMatch® recommendations and any advice from an adviser — is rendered by Health Capital CC, registration number 2011/165084/23, an authorised Financial Services Provider (FSP 42865), licensed to provide advice and intermediary services in respect of Health Service Benefits.

Please read the FAIS Disclosure, which sets out in full who is accountable for the advice you receive and how everyone in the process is paid.

3. What the Platform does — and what it does not do

The Platform allows you to compare medical scheme plans, gap cover and rewards programmes, complete a needs analysis, receive SmartMatch® recommendations, connect with a FAIS-accredited adviser, and apply to a medical scheme.

SmartMatch® recommendations are generated from the information you provide. They are only as accurate as what you enter. They are not a substitute for personal advice from a qualified adviser, and you should speak to an adviser before making a final decision.

Benefit, contribution and plan information is provided by the schemes and product providers. We take care to keep it accurate and current, but we do not warrant that it is free of error, and the scheme's own rules and published benefits are definitive in the event of any discrepancy. Schemes change their plans, benefits and contributions from time to time.

The Platform does not list every scheme, plan or product available in the South African market.

4. Costs and payments

The Platform is free for consumers to use. You pay Health Adviser nothing.

Health Adviser does not accept, process or hold any payment on behalf of any medical scheme. Your contributions are paid by you directly to your scheme, under the scheme's own arrangements. Nothing in this Platform allows you to pay a scheme membership contribution through us.

How money is earned: your adviser (Health Capital) earns the statutory medical scheme broker commission, which is regulated and capped by law and is paid by the scheme out of your contribution — it does not increase what you pay, and it is the same regardless of which scheme or plan you choose. Full details are in the FAIS Disclosure.

(Separately: registered advisers may purchase notification credits through the Platform. That applies to advisers only and has nothing to do with consumer membership.)

5. Your information

By using the Platform you acknowledge that we will process your personal information as described in our Privacy Policy, in accordance with POPIA.

Your information is shared with an adviser only when you choose to connect with one, and with a medical scheme only when you choose to apply to it.

6. Your obligations

You agree to provide accurate and complete information. Recommendations and advice based on inaccurate or incomplete information may be unsuitable for you, and we are not responsible for the consequences of information you have misstated or withheld.

You may not use the Platform unlawfully, attempt to gain unauthorised access to it, interfere with its operation, or scrape, copy or redistribute its content without permission.

7. Intellectual property

All content on the Platform — including the SmartMatch® name and algorithm, text, design, graphics and software — is owned by Health Adviser or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute or create derivative works from it without our written permission.

8. Third-party links

The Platform may link to third-party websites and services. We are not responsible for their content, practices or privacy policies.

9. Disclaimer and Limitation of Liability

Although Health Adviser has taken reasonable care to ensure that the Content on the Website is accurate and that the User will not suffer loss or damage as a result of their use of the Website, the Website is provided on an "as is" basis. Use of the Website is entirely at the User's own risk. The User assumes full responsibility for any loss or damage resulting from their use of the Website and their reliance on any of the Content or a part/s thereof, contained on the Website.

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. Health Adviser makes no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Health Adviser nor any holding company, affiliate or subsidiary of Health Adviser, shall be held liable for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Health Adviser is expressly advised thereof.

Without derogating from the generality of the above, Health Adviser will not be liable for:

• any interruption, malfunction, downtime or other failure of the Website or related database, system or network, for whatever reason;
• any loss or damage in respect of customer data or other data, directly or indirectly, caused as a result of any malfunction of the Website or related database, system or network, power failures, unlawful access to or theft of data, computer viruses or destructive code on Health Adviser's Website or related database, system or network, programming defects or negligence; or any event over which Health Adviser has no direct control.

Indemnity

The User unconditionally and irrevocably indemnifies and holds Health Adviser harmless against all and any loss, liability, actions, lawsuits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on the Website, the use of the services offered on the Website, the Content available on the Website or any other matter, directly or indirectly, related to the User's use of the Website, whether due to Health Adviser's negligence or not.

Choice of Law

This Website is controlled, operated and administered by Health Adviser from its offices as set out below within the Republic of South Africa. Health Adviser makes no representation that the Content is appropriate or available for use in any other locations or countries. Access to the Website from territories or countries where the Content is illegal, is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa and the User consents to the jurisdiction of the Gauteng Provincial Division of the High Court, in the event of any dispute.

If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

10. Consumer Protection Act and POPIA

No provision of these Terms is intended to contravene the Consumer Protection Act or POPIA. Every provision must be read as qualified to the extent necessary to comply with those Acts, and nothing here limits or excludes any liability, warranty or obligation to the extent that the law does not permit it.

See also our Privacy Policy and FAIS Disclosure.