TERMS AND CONDITIONS FOR THE USE OF THE INTEGRISURE WEBSITE, ALSO INCORPORATING (AT THE END OF THIS DOCUMENT) THE TERMS AND CONDITIONS (END-USER LICENCE AGREEMENT) FOR THE USE OF THE INTEGRISURE MOBILE APPLICATION
ALL PERSONS WHO ACCESS THE INTEGRISURE WEBSITE ARE BOUND BY THESE TERMS AND CONDITIONS, WHICH ARE ENFORCEABLE IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
USERS WHO DO NOT WANT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WEBSITE, MAY NOT ACCESS, DISPLAY, USE, DOWNLOAD AND/OR OTHERWISE COPY OR DISTRIBUTE CONTENT OBTAINED ON THIS WEBSITE.
1. DEFINITIONS AND INTERPRETATION
- “INTEGRISURE” means any or all of the companies comprising the IntegriSure Group of Companies, including but not limited to, IntegriSure Brokers (Pty) Ltd. and/or IntegriCom Brokers (Pty) Ltd. and/or IS-Administrators (Pty) Ltd.
- “THE INTEGRISURE WEBSITE” means the IntegriSure website located at www.integrisure.co.za.
- “User” means any person that opens, enters and/ or uses the IntegriSure website.
- In terms of section 11 of the ECT Act 25 of 2002, hyperlinks, copyright notices and legislation referred to in these terms and conditions are deemed to form a part hereof.
- Determination of the validity and interpretation of these terms and conditions shall not be affected by any non-operational hyperlink.
- IntegriSure will take all reasonable steps to protect the personal information of all users, and as such, subscribes to the principles outlined in section 51 of the Electronic Communications and Transactions Act 25 of 2002, which governs the user’s right to privacy of personal information. In terms of this clause, “personal information” shall be defined as in section 1 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”).
- IntegriSure shall only use the personal or proprietary particulars submitted by persons to IntegriSure via e-mail or the submission forms on this site to respond to any specific request for information that a user has made in such communication, and will not use this information in any other way or disclose it to any third party without express written consent, unless required to do so by law.
- The protection and integrity of personal information remain the ultimate responsibility of the user. Should you suspect anything irregular, it is your duty to inform IntegriSure without delay.
- No person, business or website may link to any page on this site without written consent from IntegriSure.
- Hyperlinks are provided on this website to webpages that do not form part of IntegriSure. Such links do not imply any endorsement, agreement on or support for the content of such other webpages.
- IntegriSure is in no way responsible or liable for the content of, or access/lack of access to, such webpages not forming part of IntegriSure.
4. DISCLAIMER (WEBSITE)
- IntegriSure (including its owners, directors, employees, suppliers, internet service providers, affiliates and/or agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from, inter alia, the following:
- Use of the IntegriSure website
- Inability to use the IntegriSure website
- Access or lack of access to the IntegriSure website
- Access or lack of access to websites linked to the IntegriSure website
- Services provided by the IntegriSure website
- Content or information provided on the IntegriSure website
- Downloads and use of content from the IntegriSure website
- Any other reason not directly related to IntegriSure’s gross negligence
- Clause 4.1 is subject to sections 43(5) and 43(6) of the ECT Act 25 of 2002, where applicable.
- IntegriSure makes no express or implied representations or warranties that the content and service available from this website are free from errors or omissions, or that the service will be 100% uninterrupted and error-free. Users are encouraged to report any malfunctions and errors.
- This website is available to any user with access to the worldwide web to view ‘as is’, and has not been compiled or designed to meet each user’s individual requirements. IntegriSure will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements. Users are encouraged to give feedback or comments on the site.
5. DISCLAIMER (E-MAIL)
- The information in or attached to e-mail messages from IntegriSure is confidential and only intended for the person or entity to which it is addressed. Furthermore, the information may be subject to legal privilege and client confidentiality. If you receive an e-mail from IntegriSure in error, please notify the sender by return e-mail, and delete the material from your computer system. Any review, retransmission, dissemination or other use of, or taking of any action reliant upon, this information by persons or entities other than the intended recipient is prohibited.
- IntegriSure cannot be held liable for any harm or loss resulting from malicious software code or viruses in e-mail messages or attachments, including data corruption resulting therefrom. Employees or representatives of IntegriSure are not permitted to send unsolicited messages (“spam”), and IntegriSure cannot be held liable for their sending of such mail should this happen.
6. DISCLAIMER (ONLINE QUOTING SERVICE)
- Use of the online quoting service provided by the IntegriSure website is at the user’s own risk.
- Although IntegriSure takes all reasonable steps to enable the insurer to concur with the online quote, a quot-e provided by the online quoting service on this website will only be considered as a preliminary quote, and is subject to further investigation/assessment in order to establish the final quote.
- The insurer will finally assess the user’s application, and may award the quote accordingly. It is therefore recorded that any cover extended to the user on the strength of this online quote and the information on this website will be governed by the terms and conditions as ultimately found in the insurance policy.
- In the event that the insurer does not accept the preliminary quote, IntegriSure will not be bound by such a preliminary quote.
- IntegriSure accepts no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the information attained on the online quoting service on this website.
- IntegriSure treats all users’ submitted information as confidential, and will take reasonable steps to ensure the security of the user’s personal information from loss, misuse or unauthorised alterations. However, due to the nature of the internet, IntegriSure does not make any representation or warranties that the content will be 100% secure.
- Any person who delivers or attempts to deliver any damaging/malicious software code to this website in order to gain unauthorised access to any page on this website, tamper with any of the content or pages that constitute this website, or duplicate such pages or content, will be prosecuted to the full extent of the law, and civil damages will be claimed should IntegriSure suffer any loss or damages as a result of such actions.
- IntegriSure will take reasonable steps to ensure the security of the content of the IntegriSure website (including information provided and collected from users) from unauthorised access or disclosure. Although IntegriSure takes reasonable steps to ensure security, IntegriSure does not make any representation or warranties that the content will be 100% secure.
- IntegriSure has no legal obligation to encrypt any content or communications from and to the IntegriSure website. Furthermore, there is no legal obligation for IntegriSure to provide digital authentication for any webpage on the IntegriSure website.
- Users are prohibited from creating, distributing or using any program, instrument or device to breach the security measures in place on the IntegriSure website, and IntegriSure will claim damages against any and all persons concerned with any such breach or security failure.
- Users will be liable for all resulting liability, loss or damages incurred by IntegriSure (including its owners, directors, employees, suppliers, internet service providers, affiliates and agents) in the event a user commits any offence referred to in sections 85 to 88 of the ECT Act 25 of 2002.
8. GOVERNING LAW
- South African law and the jurisdiction of the South African courts shall govern any action or claim that may arise from the use of, or inability to use, this website.
9. WHOLE AGREEMENT AND SEVERABILITY
- These terms and conditions constitute the whole agreement between IntegriSure and the user, and no terms and conditions that are not expressly stated in this agreement may be implied by either party.
- No failure by IntegriSure to exercise or enforce any right or provision shall constitute a waiver of such right or provision.
- Term(s) or condition(s) on this website shall be severable from the remaining term(s) and condition(s) in the event such term(s) or condition(s) are found to be unenforceable or invalid for any reason. The remaining terms and conditions shall remain enforceable and applicable.
10. UPDATING OF THESE TERMS AND CONDITIONS
- IntegriSure reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions at any time without notice. Changes to these terms and conditions will become effective upon such changes being posted on this website.
- It is the user’s obligation to periodically check these terms and conditions on the IntegriSure website for changes or updates.
- The user’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide and be bound by these terms and conditions, including such changes or updates.
11. PAIA – PROMOTION OF ACCESS TO INFORMATION ACT
- IntegriSure will provide information and documents by procedural request in accordance with the regulations and recommendations of the South African Human Rights Commission in respect of the promotion of access to information.
12. INTELLECTUAL PROPERTY RIGHTS AND USE OF DOMAIN NAME
- Content currently or anticipated to be displayed on this website is the property of IntegriSure, its affiliates and/or subsidiaries or any other, third-party owners of such content, and includes but is not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks (“the content”) and, as such, is protected from infringement by domestic and international legislation and treaties.
- All rights to intellectual property on the IntegriSure website are expressly reserved. Therefore, the content may only be used with the written permission of an authorised representative of IntegriSure.
- Except as specified in these terms and conditions, the user is not granted a licence or any other right without limitation under copyright, trademarks, patents or other intellectual property rights in or to the content.
- No person, business or website may frame and/or hyperlink the website or any of the pages on this site in any way whatsoever without the written permission of the authorised representative of IntegriSure.
13. MOBILE APPLICATION END-USER LICENCE AGREEMENT FOR
THE INTEGRISURE MOBILE APPLICATION: ‘THE INTEGRIAPP’
The IntegriSure Group of Companies (‘we’) hereby grant you* the licence/right to download, install and use the IntegriApp for the sole purpose of accessing the services made available in this version of THE INTEGRIAPP, on your own mobile device(s) and/or such devices under your control. All copyrights and intellectual property rights will remain ours. Use of logos, trademarks or any other intellectual property without our prior written consent is strictly prohibited. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative versions of the IntegriApp.
Our relationship, more specifically your use of the IntegriApp, will henceforth be regulated by these terms and conditions, read with the terms and conditions applicable to your policy and as amended from time to time. This binding agreement will come into force once you download the IntegriApp and register with us as a user, and will remain in force until terminated by either you or us. Registration/activation is initiated when you press the ‘Register or log in’ button on your mobile device(s). Therefore, it is important that you carefully read these terms and conditions and ensure that you fully understand it. If it is not your intention to be bound by and adhere to these terms and conditions, kindly refrain from accepting it and downloading the app.
The downloading of the software for the IntegriApp is free of charge. You, however, remain responsible for the costs and charges of your/the network and data service provider. You are also responsible to (1) ensure that your mobile device(s) can download the IntegriApp and future updates, and (2) regularly check for and install updates. In this regard, kindly note that the IntegriApp is designed to operate optimally with the most recent versions of Android, IOS, Windows Mobile and Blackberry OS. The functionality of the IntegriApp using older versions cannot be guaranteed and such users may experience difficulties or have limited functionality.
Also please be advised that when you use the IntegriApp, we may periodically collect and use technical data and related usage information of and from the device(s) you use, for which you will be deemed to have granted us permission by accepting and downloading the software. In particular, please note that to enable optimum functionality of the IntegriApp, it is best to have the location-based services (GPS setting) and push notifications on your device(s) turned ON. Further note that in providing our services, we may have to make use of, inter alia, mobile device(s) triangulation services to verify your location. This process necessitates that we provide your information and data to our third-party service providers to enable us/them to provide our services, for which you will also be deemed to have granted us permission by accepting and downloading the software. Please be advised that some services, particularly the IntegriAssist services, are limited to within the borders of South Africa.
Our right to terminate this agreement, the IntegriApp or your right to use the app will not be exercised without reasonable notice to you, and will not affect services requested but not fully rendered before the termination of the agreement. Your rights under this agreement may however be terminated immediately and without notice if you fail to comply with any term(s) of this agreement, or if we are advised of any fact or reasonable suspicion pertaining to your use of the IntegriApp that, in our discretion, amounts to abuse or places a legal duty upon us to act. Upon termination of the licence, you may no longer use the IntegriApp and will have to remove it from your mobile device(s).
For optimum service, we will need your most recent information. It remains your responsibility to regularly update your personal and contact details. Requests for changes made through the IntegriApp will be updated on our system once we have received the notice and confirmed it with you verbally and/or in writing. Reasonable care will be taken that an updated schedule is sent to you through your preferred method of communication, although you remain responsible to check that you receive it.
We reserve the right to monitor your usage of the IntegriApp, specifically though not limited to the use of the services it offers. This is done to the extent permitted and/or prescribed by law, and to detect any unauthorised usage and/or abuse. We reserve the right to recoup costs (including our own and of third-party service providers) caused by unauthorised use and/or abuse of services. However, as we respect your privacy, any collection, storage, usage and/or sharing of your personal information will occur only (1) as needed for meeting our obligations and standard of service to you, and (2) as permitted/directed by law.
Amendments and/or updates to or of the IntegriApp may be released from time to time. In so far as this or any other reason may warrant amending this agreement, such amendments will be made electronically by way of notifying you of the updated version. It is your duty to review updates as they become available. Downloading an update constitutes your acceptance of the update, along with all the terms and conditions thereof. If the update is not downloaded within a reasonable time, this will be regarded as notice from you to terminate the agreement
DISCLAIMER (Mobile application: ‘The IntegriApp’)
Privacy and personal information: Although we take reasonable care to safely and securely store and/or guard against the loss or misappropriation of your personal information, we cannot provide an absolute guarantee as to the security of any personal information disclosed through the IntegriApp. You are therefore advised of and will be deemed to have accepted the inherent risk of so disclosing personal information, and hereby indemnify us, including our directors, employees and/or agents, against any claim for loss that may arise from a breach of security. The duty to protect personal information ultimately rests with you, and you should therefore immediately advise us if you suspect a breach of security.
Third-party products and/or services: We do not have control over third-party products and/or services. Although the IntegriApp may allow you to view, access or refer to third-party sites, products and/or services, no endorsements, recommendations and/or guarantees are given in this regard. We are therefore not liable for any loss and/or damage, either direct or contingent, resulting from your use of and/or reliance upon any third party through the IntegriApp.
Mobile device(s) and/or software: You are granted the licence/right to use the IntegriApp on your mobile device(s) and/or mobile device(s) under your control. Should you sell or otherwise dispose of your mobile device(s), or no longer control such device(s), it is your duty to delete the IntegriApp from the device(s) and have it installed on your new device(s). We are not liable for any loss or damage should you fail to do so. We are not liable for loss or damage caused by errors and/or delays should you be unable to access the services due to a fault on/in your mobile device(s) or software or by third-party service providers. We cannot and do not warrant that the services are compatible with your mobile device(s) and/or software. Although we take reasonable precautions against it, you hereby accept the inherent risk of viruses, malicious code and the like, which may inadvertently find their way onto your mobile device(s) through the IntegriApp, and you indemnify us against any claims for loss and/or damage that may result from it. Please note that although device(s) such as tablets are able to use the IntegriApp, the phone functionality would not be available in such instances. Phone services requested via such device(s) will be linked to the registered mobile number.
Although we take reasonable care, use of the IntegriApp occurs at your own risk. The IntegriApp and its services are provided on a best-endeavours basis and we may in our sole discretion suspend or terminate the operation of the app or services provided in terms thereof, without prior notice. We may also from time to time discontinue or disable parts of the services for routine maintenance, upgrades and/or reasons/causes beyond our control. Interruptions in service(s) for maintenance will typically occur once a month for up to a maximum of 48 hours.
Understandably, despite our best efforts, a certain time lapse may occur between requests for service(s) through the IntegriApp and the confirmation of, for instance, insurance cover or the engagement of other service(s). We are not liable for loss or damage that may be caused by such time lapse.
MARKETING (Mobile application: ‘The IntegriApp’)
By accepting these terms and conditions, you agree we may provide you with information about our services and/or products, promotional material and our newsletter through the IntegriApp via push notifications, SMS, USSD service and by e-mail.
* ‘You’ means any user of the IntegriApp, including members of his/her family and other persons specifically authorised by him/her. An existing client (primary user) is responsible to specify the access level granted to each secondary user.