Terms and conditions

In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002 of South Africa (ECT) and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access the Guardrisk website.

1. DEFINITIONS AND INTERPRETATION

1.1 “Guardrisk” shall refer collectively to Guardrisk Group (Proprietary) Limited (2013/136269/07) and its operating subsidiaries namely Guardrisk Insurance Company Limited (1992/001639/06), Guardrisk Life Limited (1999/013922/06) and Guardrisk Allied Products & Services (Proprietary) Limited 2007/016202/07 and associated entities (Momentum Ability Limited (1999/005364/08), Momentum Structured Insurance Limited (2001/027786/06) and Momentum Alternative Insurance Limited (1991/005238/06)) duly incorporated in terms of the company laws of the Republic of South Africa, with its registered office at Tower 2, 102 Rivonia Road, Sandown, Sandton, 2196, South Africa.

1.2 "Guardrisk website" means the websites, owned and operated by Guardrisk and located at www.guardrisk.co.za & www.guardrisk.com .

1.3 "User(s)" means any person who enters or uses the Guardrisk website.

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

2. ALLOWED USE AND LICENSE

2.1 Guardrisk licenses the User to view, download and print the content of the Guardrisk website, provided that such content is used for private, personal, educational and/or non-commercial purposes.

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

2.3 Users may not use the Guardrisk website for:

2.3.1 illegal purposes;

2.3.2 the creation, storage and sending of unsolicited commercial communications.

2.5 Hyperlinks provided on this site to non-Guardrisk sites, are provided as is and Guardrisk does not necessarily agree with, edit or sponsor the content on such web pages.

2.6 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

2.7 No person, business or web site may use any technology (including web crawlers, robots or web spiders) to search, collect or copy content from Guardrisk website, for any purposes, without the prior written permission of Guardrisk.

2.8 E-mail addresses, names, telephone numbers and fax numbers published on the Guardrisk 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 Guardrisk website may be used to communicate unsolicited communications to Guardrisk and all rights detailed in Section 45 of the ECT Act are reserved.

Any reproduction of the content of the website or portion thereof, must include the following copyright notice © Guardrisk Group (Pty) Ltd 2010.

4. INTELECTUAL PROPERTY RIGHTS

All intellectual property on the Guardrisk 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 Guardrisk 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 Guardrisk website are expressly reserved.

5. ELECTRONIC COMMUNICATIONS

When a User visits the Guardrisk web site or sends e-mails to Guardrisk, that visitor consents to receiving electronic communications from Guardrisk and agrees that all agreements, notices, disclosures and other communications sent by Guardrisk satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

6. CHANGES AND AMENDMENTS

Guardrisk reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

6.1 change these terms and conditions;

6.2 the content and/or services available from the Guardrisk website;

6.3 discontinue any aspect of the Guardrisk website or service(s) available from the Guardrisk website; and/or

6.4 change the software and hardware required to access and use the Guardrisk website

7. PRIVACY POLICY

7.1 Guardrisk 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 Protection of Personal Information Act 4 of 2013 (“POPI”).

7.2 Guardrisk may electronically collect, store and use the following personal information of Users:

7.2.1 name and surname;

7.2.2 birth date;

7.2.3 country of residence;

7.2.4 closest city;

7.2.5 e-mail address; and

7.2.6 IP address.

7.3 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.

7.4 The User may elect not to receive any communications from Guardrisk and/or its partners / affiliates.

7.5 Guardrisk may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1 Guardrisk shall not disclose personal information from Users unless the User consents thereto;

7.5.2 Guardrisk shall disclose information without the User's consent only through due legal process; and

7.5.3 Guardrisk may compile, use and share any information that does not relate to any specific individual.

7.6 Guardrisk owns and retains all rights to non-personal statistical information collected and compiled by Guardrisk.

Guardrisk may provide hyperlinks to websites not controlled by Guardrisk ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites. Guardrisk 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 or use content available on or through target sites.

9. DISCLAIMER

9.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, as amended Guardrisk nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Guardrisk makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the webmaster.

9.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the visitor to satisfy themselves prior to entering into this agreement with Guardrisk that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

9.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice of Guardrisk, but users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

9.4 Neither Guardrisk nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the information on this web site.

10. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Guardrisk website to Guardrisk and Guardrisk 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.

11. APPLICABLE AND GOVERNING LAW

This site is hosted, controlled and operated from within the Republic of South Africa and therefore is governed by South African law

12. SECURITY

12.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Guardrisk suffers any damage or loss.

12.2 The user (in this clause means clients who have signed the Financials Access Acceptance Form) agrees and warrants that its log-in name and password shall:

12.2.1 be used for personal use only;

12.2.2 shall not be disclosed to any third party; and

12.2.3 shall not be used by any unauthorised person.

12.3 The user allows Guardrisk to take all reasonable steps to ensure the integrity and security of the Guardrisk site and back-office applications.

13. DOMICILIUM

Guardrisk chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature the Tower2, 102 Rivonia Road, Sandown, Sandton, 2196, South Africa.

14. PERMISSION

To obtain permissions for the commercial use of any content on this site contact the Chief Risk Officer, Maxwell Sibanda, at the telephone number +27 (11) 669 - 1000 or at the e-mail address sibandam@guardrisk.co.za.