WEBSITE TERMS AND CONDITIONS

IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF  2002, AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE CLIENTELE LIMITED WEBSITE, WEB PAGES OR ANY PART THEREOF. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT USE THE CLIENTELE LIMITED WEBSITE. REASONABLE USE OF THE CLIENTELE LIMITED WEBSITE SHALL AUTOMATICALLY BIND THE USER TO THIS AGREEMENT.

DEFINITIONS AND INTERPRETATIONS

a) “the Clientèle Limited website” means the Clientèle Limited website owned and operated by and located at http://www.Clientelelifeinsurance.co.za including any page, part or element thereof;
 
b) “Clientèle Limited” means Clientèle Limited, registration number 2007/023806/06, including its subsidiaries owners, shareholders and business units;

c) “user” means any person who enters or uses the Clientèle Limited website, notwithstanding the fact
that such a person visits the home page of the Clientèle Limited website;

d) References herein to the singular includes the plural and vice versa;

e) Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and Conditions

1. General

Clientèle Limited is a diversified financial services Group, marketing its products via television advertising, telesales, Independent Field Advertisers or IFAs, online and other direct marketing methods.

Clientèle Limited caters to the needs of a broad cross-section of South Africans, providing convenient and professional financial products.

2. Allowed Use and License

2.1. Clientèle Limited licenses the User to view, download, save and print the content of the Clientèle Limited website, provided that such content is used for private, personal, educational and / or non-commercial purposes only to view, download, save and print this agreement for legal and / or evidential purposes as detailed in section 11(3) of the ECT Act.

2.2. Content from the Clientèle Limited website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Clientèle Limited.

2.3. Users may only access, browse and use the Clientèle Limited website for legitimate personal or commercial purposes and may not use the Clientèle Limited website or any Clientèle Limited services and / or products for:

2.3.1. Harmful purposes
2.3.2. Illegal purposes
2.3.3. Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, Prohibited, infringing or damaging to any person; and / or
2.3.4. The creation, storage and sending of unsolicited commercial communications.

2.4. The caching of Clientèle Limited website shall only be allowed if;

2.4.1. The purpose of the caching is to make the onward transmission of the content from the Clientèle Limited website more efficient;
2.4.2. The cached content is not modified in any manner whatsoever;
2.4.3. The cached content is updated at least every 24 (twenty four) hours, and
2.4.4. The cached content is removed or updated when so required by Clientèle Limited

2.5. If any User uses content from the Clientèle Limited website in breach of the provisions detailed herein:

2.5.1. Clientèle Limited reserves the right to claim damages from the User;
2.5.2. Clientèle Limited reserves the right to institute criminal proceedings against the user; and
2.5.3. Clientèle Limited shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6. Hyperlinks to the Clientèle Limited website from any other source shall be directed at the homepage of the Clientèle Limited website (http://www.Clientelelifeinsurance.co.za). Links beyond the Clientèle Limited home page may only be used with Clientèle Limited’s prior written consent.
2.7. Clientèle Limited shall not be liable, in any manner, whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the Clientèle Limited website, if such content, product or services was accessed through a hyperlink not directed at the home page of the Clientèle Limited website. Persons that wish to link to pages beyond the home page of the Clientèle Limited website without Clientèle Limited’s prior written consent shall do so at their own
risk and indemnify Clientèle Limited against any loss, liability or damage that may result from the use of such hyperlinks. Clientèle Limited’s non-liability for deep linking is based on the fact that deep links pass these terms and conditions.

2.8. User may quote small and reasonable amounts of content available from the Clientèle Limited website and only if such a quote is placed in inverted commas and acknowledged.

2.9. No person may, without the prior written consent of Clientèle Limited, frame the Clientèle Limited website in any manner whatsoever.

2.10. Apart from bona-fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Clientèle Limited website for any purpose whatsoever, without the prior written consent of Clientèle Limited.

2.11. Email addresses, names, telephone numbers and fax numbers published on the Clientèle Limited website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Clientèle Limited website may be used to communicate unsolicited communications to Clientèle Limited and all rights detailed in section 45 of the ECT Act are reserved.

2.12 All licenses and / or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Clientèle Limited at any time without prior notice or reasons.

3. INTELLECTUAL PROPERTY RIGHTS

3.1. All intellectual property on the Clientèle Limited website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Clientèle Limited and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Clientèle Limited website are expressly reserved.

3.2. No person may use logos, icons or trademarks from the Clientèle Limited website as hyperlinks without Clientèle Limited’s prior written consent.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his / her own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access the Internet and the Clientèle Limited website and / or download content from the Clientèle Limited website. 

5. DISCLOSURE REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services, content and downloads available from the Clientèle Limited website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Clientèle Limited has, amongst others, the duty to disclose the following information:

5.1. The full name and legal status of the website owner: Clientèle Limited registration number 2007/023806/06.

5.2. Directors:


5.3. Street Address: Clientèle Office Park, Corner Rivonia & Alon Roads, Morningside, Sandton

5.4. Postal Address: P.O. Box 1316, Rivonia, 2128, South Africa

5.5. Physical Address for receipt of legal service: Clientèle Office Park, Corner Rivonia & Alon Roads, Morningside, Sandton

5.6. Main Business is Financial services

5.7. The website address of the Clientèle Limited website is: http://www.Clientelelifeinsurance.co.za

5.8. The official email address of the Clientèle Limited website is: services@Clientelelifeinsurance.co.za

5.9. Membership of self-regulatory or accreditation bodies: Financial Services Board (FSB – http://www.fsb.co.za), The Direct Selling Association (http://www.dsasa.co.za) and Association for Savings and Investments South Africa (ASISA – http://www.asisa.co.za).

5.10. The manual published in terms of the Promotion of Access to Information Act 2 of 2000 of the owner of the website may be downloaded from:  www.Clientelelifeinsurance.co.za

5.11. Management:

Group Executive Committee:

5.12. Description of goods / and or services is available on the various product pages contained within the www.Clientelelifeinsurance.co.za site.

5.13. The costs associated with the access and use of content, products and services available on the Clientèle Limited website are as follows:

5.13.1. General website content – free;

5.13.2. Products:

5.13.2.1. Listing : http://www.Clientelelifeinsurance.co.za (click on the products heading in the top bar, and then select the required product.)
5.13.2.2. Pricing : pricing information is available on each product page on www.Clientelelifeinsurance.co.za.

5.13.3. Online Services:

5.13.3.1. Listing - these services are limited to registered users.
5.13.3.2. Access to some services are restricted to Users who are Clientèle Limited customers and / or Users who completed service specific registration procedures.

5.14. Access to, saving and printing of terms:

5.14.1. These terms and conditions may be saved by the Users by clicking on either the save or print buttons available on the Acrobat Reader toolbar and,
5.14.2. Terms specific to certain products and / or services may be printed and saved in the following manner;

5.14.2.1. Printing: open the web page that details the terms and click on the print option available on the browser toolbar and,
5.14.2.2. Saving: open the web page that details the terms and click on the [File] option available on the browser toolbar, select [Save As …..] and save the pages as a .htm or .html file. Alternatively, copy and paste the terms to another format such as MS Word (.doc) and save accordingly.

5.15. Return and refund policy: The applicable policy related to specific products is detailed on the product pages and / or the associated product terms.

5.16. Duration of agreement: The minimum duration of transactions and / or periods are detailed on the product pages and / or in the associated product specific terms.

5.17. Alternative dispute resolution: Subject to urgent and / or interim relief, all disputes regarding:

5.17.1. access to the Clientèle Limited website;
5.17.2. the inability to access the Clientèle Limited website;
5.17.3. the services and content available from the Clientèle Limited website and,
5.17.4. these terms and conditions; shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa can be downloaded from the following Website:  http://www.arbitration.co.za.

5.18. User may lodge complaints concerning the Clientèle Limited website with Clientèle Limited at: services@Clientelelifeinsurance.co.za

6. CHANGES AND AMMENDMENTS

Clientèle Limited reserves the right, in its sole and absolute discretion, to do any of the following, at any time:

6.1. change these terms and conditions;

6.2. change the content and / or services available from the Clientèle Limited website

6.3. discontinue any aspect of the Clientèle Limited website or services available from the Clientèle Limited website, and / or

6.4. change the software and hardware required to access and use the Clientèle Limited website.

7. PRIVACY

7.1. Clientèle Limited shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause ”personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA can be downloaded from: http://www.acts.co.za/prom_of_access_to_info

7.2. Clientèle Limited may electronically collect, store and use the following personal information of Users:
7.2.1. name and surname;
7.2.2. country of residence;
7.2.3. closest city;
7.2.4. non-personal browsing habits and click patterns;
7.2.5. email address, and
7.2.6. IP address.

7.3. Clientèle Limited collects, stores and may use the abovementioned information for the following purposes;

7.3.1. to greet the User when he / she accesses the Clientèle Limited website;
7.3.2. subject to the User’s consent, inform the User of the facts relating to his / her access and use of the Clientèle Limited website;
7.3.3. subject to the User’s consent, inform the User about specific communications and special offers from Clientèle Limited;
7.3.4. to provide the User with targeted advertising;
7.3.5. to compile a non-personal statistical information about browsing habits, click-patterns and access to the Clientèle Limited website.

7.4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings

7.5. The User may elect not to receive any communications from Clientèle Limited.

7.6. Clientèle Limited may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions;

7.6.1. Clientèle Limited shall not disclose personal information from Users unless the User consents thereto;
7.6.2. Clientèle Limited shall disclose personal information without the User’s consent only through due legal process, and
7.6.3. Clientèle Limited may compile, use and share any information that does not relate to any specific individual.

7.7. Clientèle Limited owns and retains all rights to non-personal statistical information collected and compiled by Clientèle Limited.

8. HYPERLINKS AND THIRD PARTY SITES

Clientèle Limited may provide hyperlinks to web sites not controlled by Clientèle Limited (target sites) and such hyperlinks do not imply any endorsement, agreement on or support for the content of such target sites. Clientèle Limited does not editorially control the content, products and / or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use content available on or though target sites.

9. SECURITY

9.1. Clientèle Limited shall take all reasonable measures to secure the content of the Clientèle Limited website and the information proved by and collected from Users from unauthorised access and /or disclosure. However, Clientèle Limited does not make any warranties or representations that content shall be 100% secure.

9.2. Subject to provisions of sections 43(5) and 43(6) of the ECT Act and the requirements for a valid electronic invoice issued by the South African Revenue Service from time to time, if applicable, Clientèle Limited is under no legal duty to encrypt any content or communications from and to the Users and is also under no legal duty to provide digital authentication of any pages of the Clientèle Limited website.

9.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Clientèle Limited website or the server and computer network that support the Clientèle Limited website.

9.4. Any person who delivers or attempts to deliver any damaging code to the Clientèle Limited website, whether on purpose or negligently, shall without any limitation, indemnify and hold Clientèle Limited harmless against any and all liabilities, damages, risks and losses that Clientèle Limited may suffer as a result of such delivery, attempt or damaging code.

9.5. Users may not develop, distribute or use any device or program designed to breach or overcome the security measures of the restricted pages, products, and services on the Clientèle Limited
website and the right is reserved to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programs.

9.6. Users who commit offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for resulting liabilities, losses, destruction or damages suffered and / or incurred by Clientèle due to or related to these illegal actions.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Clientèle Limited, its owners, employees, suppliers, subsidiaries, sister companies, contractors, consultants, network operators, partners, affiliates and agents shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1. access to the Clientèle Limited website;
10.1.2. access to web sites linked to the Clientèle Limited website;
10.1.3. inability to access the Clientèle Limited website;
10.1.4. inability to access web sites linked to the Clientèle Limited website;
10.1.5. content available on the Clientèle Limited website;
10.1.6. services available on the Clientèle Limited website;
10.1.7. any other reason not directly related to Clientèle Limited’s gross negligence.

10.2. The Clientèle Limited websites supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the of the User to satisfy himself or herself, prior to entering into this agreement with Clientèle Limited, that the content available from and through the Clientèle Limited website meet the individuals requirements and is compatible with the User’s hardware and / or software.

10.3. Information, ideas and opinions expressed on the Clientèle Limited website should not be regarded as professional advice or the official opinion of Clientèle Limited , and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Clientèle Limited website.

10.4. Clientèle Limited does not make any warranties or representation that content and services available from the Clientèle Limited website shall in all cases be true, correct or free from errors. Clientèle Limited shall take all reasonable steps to ensure that the quality and accuracy of content available on the Clientèle Limited website.

10.5. Clientèle Limited does not make any warranties or representations that the Clientèle Limited website shall be available at all times and acknowledge the Clientèle Limited website may be unavailable due to updates or other causes beyond the reasonable control of Clientèle Limited, including, but not limited to virus infection, power failure or other “acts of God”.

11. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, illegal, infringing and / or harmful content available from the Clientèle Limited website to Clientèle Limited and Clientèle Limited undertakes to correct and / or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

12. INTERCEPTION OF COMMUNICATIONS

12.1. Subject to the provisions of the regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Clientèle Limited’s right to intercept, block, filter, read, delete, disclose, and use all communications (including all data messages” as defined in the ECT Act) sent or posted by the User to the Clientèle Limited website, its staff and employees.

12.2. The User agrees and acknowledges that the consent provided by the User in 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13. AGREEMENT AND SEVERABILITY

13.1. These terms and conditions constitute the entire agreement between Clientèle Limited and the User and shall take precedence over any disclaimers and / or legal notices attached to any communications and / or posting received by Clientèle Limited from the User.

13.2. Any failure by Clientèle Limited to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

13.3. In the event that any terms or condition detailed herein is found unenforceable or invalid for any reason, such terms(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Clientèle Limited agree that:

14.1. The User shall be bound to these terms and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the Clientèle Limited website for the first time;

14.2. data messages ( as defined in the ECT Act) addressed by the User to Clientèle Limited shall only be deemed to have been received, if and when responded to or when receipt is acknowledged. Notwithstanding section 23(1)(b) of the ECT Act, Clientèle Limited shall not be deemed to have received a data message if such data messages are blocked and / or filtered and / or destroyed by Clientèle Limited’s content filtering and virus checking systems;

14.3. data messages ( as defined in the ECT Act) addressed to the User by Clientèle Limited shall be deemed to be received by the User as detailed in section 23(1)(b) of the ECT Act;

14.4. data messages ( as defined in the ECT Act) addressed to the User by Clientèle Limited shall be deemed to be sent from the location(s) as detailed in section 23(1)(b) of the ECT Act;

14.5. data messages ( as defined in the ECT Act) addressed by the User to Clientèle Limited shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa

14.6. electronic signatures, encryption, and / or authentication are not required for valid electronic communications between User and Clientèle Limited and;

14.7. the User agrees and warrants that data messages that are sent to Clientèle Limited from a computer, IP Address or mobile device used by or owned by the User, was sent and / or authorized by the User personally.

15. APPLICABLE AND GOVERNING LAW

The Clientèle Limited website is hosted, controlled and operated from the Republic of South Africa and therefore the South African Law enforced by the South African courts governs the use or inability to use the Clientèle Limited website, its content, services and conditions.

16. LEGAL COSTS

Clientèle Limited shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.