General Terms and Conditions of the MARS Service for ZOL Customers Opt-In Value- Addition Package

MEDICAL AIR RESCUE SERVICE (PRIVATE) LIMITED (MARS) is a company incorporated in Zimbabwe.

Its objective is to provide each Member contracted to it with certain medical services (as defined below) within Zimbabwe on the following General Terms and Conditions which shall apply to every subscribing Member.
  1. DEFINITIONS
    The masculine shall include the feminine, and the singular shall include the plural.
    1. “Service” shall mean the following: Emergency evacuation in cases of life or limb-threatening Emergencies only (excluding COVID-19 cases). MARS will arrange a Road Only ambulance evacuation for its Member to the nearest appropriate medical facility within Zimbabwe by qualified medical personnel.
    2. “Accident” shall mean any sudden, unexpected violent event causing injury.
    3. “Illness” shall mean any sudden or unexpected deterioration of health.
    4. “Member” shall mean a person who is an active ZOL Customer (and any registered Dependents as outlined on the application form) and is subscribing for the Service through ZOL.
    5. “ZOL” shall mean Zimbabwe On Line (Private) Limited.
  2. CONTROL
    All decisions of a medical nature governing the evacuation of a Member –
    1. Will be taken by the MARS Medical Director who shall take into account the following: the degree of medical urgency, the medical fitness for travel, and the opinion of any other Doctor concerned. The MARS Medical Director shall determine the most suitable method of transport.
    2. This will be executed through the Ambulance crew leader, provided that the overriding decisions regarding the control and direction of any aircraft or the vehicle shall be made by the pilot or driver, respectively.
  3. EXCLUSIONS
    Although MARS shall in all cases endeavour to respond and react to all calls from or on behalf of Members for the Service, MARS shall not be liable for and shall be entitled to recover from Member concerned all and any costs (including damage to any of its road ambulances or equipment) incurred in connection with, or subsequent upon the following: -
    1. Cases of minor illness that can be adequately treated locally, and which do not prevent the Member from continuing his travel or work.
    2. Cases in which the member is able to travel to the nearest suitable medical facility as a sitting passenger and without medical escort, (unless deemed necessary by MARS Medical Director).
    3. Cases in which the Member is under medical treatment for the condition needing evacuation, at the time of his application for membership for emergency evacuation.
    4. Cases in which an individual applies for membership when their pregnancy is more than 3 months old. All maternity related emergencies will be responded to but evacuation for purposes of delivery will only be effected for individuals whose Membership is equal to or exceeds 6 months.
    5. Cases resulting from intentional self-inflicted injury or suicide, or participation by the Member in acts or omissions prohibited by the Statute or Common Law of Zimbabwe.
    6. Cases that are sustained while under the influence of liquor or drugs (except in respect of medication obtained and taken in accordance with the prescription of a medical practitioner).
  4. COMMENCEMENT OF MEMBERSHIP
    Membership shall always commence after the payment has been effected/transacted. For members who have not paid their monthly subscription, membership will commence when monthly subscription is paid. Then account will be reactivated.
  5. DURATION OF MEMBERSHIP
    The Rights of Members shall endure from the timeous payment of the fee prescribed until the expiry of the respective period. Membership shall also terminate when the Member ceases to be an active subscriber of ZOL’s services. Membership will also cease upon termination of MARS-ZOL contract.
  6. FEES
    Membership fees shall be payable monthly in advance. The Member agrees to pay the membership fees to MARS through ZOL when payment is made for any of ZOL’s services. MARS reserves the right to increase without notice the prescribed fee at any time after the initial payment. In the event of termination by the Member, no refund of fees will be made for any unexpired portion. Members shall inform MARS of their intention to cancel membership immediately.
  7. LIMITATIONS
    There will be no limitation to the Member with regards to the number of evacuations they may use during the course of the month. Eligibility will be determined by it being a life or limb threatening medical emergency.
    MARS cannot be held responsible for failure to provide its service, or for delays caused by strikes or conditions beyond its control, including but not limited to adverse weather, flight conditions or where local laws or regulatory agencies prohibit MARS rendering its service.
  8. IDENTITY
    Database will be used to verify current members.
  9. EXCLUSIONS
    MARS reserves the right to suspend or curtail its Services in the event of a riot, military uprising, war, labour disturbances, acts of God, or refusal by Government Authorities to permit MARS to provide its Service. MARS will, however, endeavour to provide its Service to the best of its ability during any such occurrences.
  10. NOTIFICATIONS
    Any notice to be given by Party shall be posted by MARS – to the last known address of the member, by the Member – to MARS, P.O. Box HG 969, Highlands, Harare, ZIMBABWE.
  11. JURISDICTION
    In cases of dispute, all Parties agree that the terms of these conditions will be subject to Zimbabwean Law. The Parties hereby submit to the jurisdiction of the Zimbabwean courts.
  12. INDEMNITY
    The MARS Service shall only be utilized by the Member on the agreed basis that neither MARS nor any of its shareholders, employees, servants, or associates shall be liable for any losses, damages, claims or costs howsoever the same shall arise as a result of negligence of any nature on the part of MARS, its shareholders, employees, servants, or agents.
    To the fullest extent permitted by law, the Member shall indemnify and hold harmless ZOL, its shareholders, directors, agents, partners, affiliates and employees from and against claims, damages, losses and reasonable expenses, including but not limited to, reasonable attorney’s fees, settlements made in good faith and arbitration awards, caused by wilful misconduct, negligent acts or omissions by MARS, or anyone directly or indirectly employed by them or anyone for whose acts they may be legally liable, regardless of whether or not such claim, damage, loss or expense is caused in part by ZOL, its agents or employees. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnification which would otherwise exist to any Party or person.