These are the general terms and conditions (“terms”) governing the relationship between you (“visitor” or “user”) and us (“we” or “our”) website (“www.mzansireview.co.za”). The terms govern all use of this website. They become effective when you access it and apply to every interaction or transaction that occurs through it. By accessing this website you agree to its terms. If you do not agree to every provision contained in these terms you may not access it and must stop using it immediately.
We reserve the right, at our sole discretion, to amend and/or replace any part, these terms. Those changes will supersede and replace any previous terms and will be made available on the website. By accessing the website you are also deemed to consent to any amendments or changes we make to it.
www.mzansireview.co.za is an online comparison insurance website which enables you to enter your details in one place and receive quotations from several insurers or an insurer. Any contact they make with you is a quotation which is not legally binding and provided at no cost to you. The website and any quotation(s) is our assessment of what would be most convenient for you based on several criteria determined exclusively by us. We may have relationships with some insurers which may be considered as one of, but not the only, criteria in our selection process. In each case that referral is made based on our determination of what is most convenient to you.
We may disclose the information you provide to us with third parties in order to facilitate the services we offer on the website. By using the website you consent to the following:
To transmit and receive information from insurers and risk assessment agencies for the purposes of assisting us in evaluating and processing your request; and
To transmit the information provided by you to:
The insurer; and
To affiliated partners, for the purposes of them responsibly marketing their products and services to you. Any quotation provided to you is subject to change and is not legally binding on us or the insurer who has provided that quotation to you.
Through voluntary subscribing to our services via the submitting of your details into the website, you are requesting and agreeing that we send your information to insurers. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the website.
We may modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you confirm that we will not be liable to you or any third party for any modification to or withdrawal of the website.
6. Monitoring and Security
We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the website. We may investigate any reported violation of these terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, and/or the removal of any materials from the website.
Whilst we have taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, Trojans, time bombs, time-locks, phishing programmes or other harmful programs.
We do not undertake to actively monitor the uploading, reproduction, display, use, distribution or sharing by a user of his/her profile, for example on websites dedicated to discussion forums and/or blogs, nor do we have control over material posted on such discussion forums and/or blogs.
You acknowledge that because information is transmitted via the Internet, such information, irrespective of whether it constitutes personal information, may be susceptible to monitoring and interception. Accordingly, you are discouraged from transmitting to the website any information that may be viewed as confidential and/or of a sensitive nature and you bear all the risk of transmitting information in this manner. Under no circumstances will we be liable for any loss, harm, or damage suffered by you as a result thereof.
We hereby reserve the right to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-office applications. You may not utilise the website in any manner which may compromise the security of the website in any manner whatsoever, which will include without limitation, delivering or attempting to deliver any unauthorised, damaging or malicious code to the website, which is expressly prohibited. These terms will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute.
You will comply with all applicable laws, statutes, ordinances and regulations pertaining to your access to and/or use of the website, and/or use of your customer profile, or any part of these, and/or your posting of content and material (including text, files, images and photographs).
The website is controlled, operated and administered by us from our offices within the Republic of South Africa. We make no representations that the content of the website is appropriate or available for use outside of South Africa. Access to the website from territories or countries where the content of the website is illegal is prohibited. You may not use this website in violation of South African export laws and regulations. If you access this website from locations outside of South Africa, you are responsible for compliance with all local laws.
You may only use the website to browse the content, voluntarily enter legitimate information and will not use the website for any other purposes, including but not limited to, the entering of any false or fraudulent information. You may only use the website if you are an adult major (over 18 years of age) and therefore it is important to know that minors may not make use of the website. The website and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without our prior consent. Please note further that deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the website and/or the materials contained on the website may violate applicable copyright, trademark or other intellectual property laws or other laws.
You may not yourself, or through a third party –
use the website for harmful, unlawful or illegal purposes, including, without limitation to:
– impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
– collect, harvest or otherwise obtain personal information, as defined in the Protection of Personal Information Act, 2013, relating to other users;
– create, store and/or send unsolicited commercial communications; or conduct any fraudulent activity including any “pyramid scheme”, “ponzi scheme” or “chain letter”.
use any customer profile in a manner so as to advertise or promote your or any third party’s products or services; and/or impersonate another person;
copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, distribute, lease, license, sub-license, encumber or in any other way deal with any portion of the website for any reason and in any manner, unless it is consistent with the intent and purpose of these terms;
de-compile, disassemble or reverse engineer any portion of the website;
collect service listings, descriptions or other information displayed on the website;
write and/or develop any derivative of the website or any other software program based on the website;
adapt, modify or enhance the website. In the event of a user effecting any adaptation(s), modification(s) or enhancement(s) to the website in breach of this clause, such adaptation(s), modification(s) and enhancement(s) hereby vest exclusively in us and you hereby assign all rights in and to, and waive any and all moral rights in and to, such adaptation(s), modification(s) and enhancement(s), which assignment we accept;
without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the website by persons other than you;
remove any identification, trade mark, copyright or other notices from the website and/or any personalised item, it being specifically recorded, acknowledged and agreed that trade marks proprietary to or licensed to us will automatically be incorporated in all customer profiles;
use the website and/or any personalised item to transfer files that contain viruses, Trojans, bombs, time-locks, phishing programmes or other harmful programmes; and/or penetrate or attempt to penetrate the website’s security measures.
8. Third Parties
In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and further accept that we do not endorse and are not responsible or liable in any way whatsoever, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including but without limitation to, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. The materials that can be accessed from linked sites are not maintained by us and we are not responsible for.
9. Intellectual Property
All content included on the website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected in terms of intellectual property laws in South Africa (including trade mark and copyright law) as well as international copyright laws.
The compilation of all content on the website is our exclusive property and is protected by copyright law.
All software used on the website is our property or that of our software suppliers and is protected by copyright law.
The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the website registered and unregistered Trademarks belong to us. Nothing contained on the website, except as expressly stated in the terms, will be construed by you as the granting of any license or right to use any Trademark without our prior written permission. All rights in and to the content and Trademarks are reserved and retained by us and/or our content suppliers.
You further acknowledge that we and/or our content suppliers are the proprietors of all the content and Trademarks on the website, whether it constitutes confidential information or not, and that the you hold no right, title or interest in any such material.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, AND/ OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NEITHER US, NOR OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, OR OUR SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
You hereby unconditionally and irrevocably indemnify us, our affiliated companies, its officers, agents, directors and employees and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us for infringement of any right, whether the claim or action arises from delict or contract, or any infringement of whatsoever nature, arising out of or pursuant to the exercise by you of your rights or the fulfilment or breach by you of any of you obligations under these terms or any other requirements that we may impose from time to time, including, without limitation, all loss, damages, claims and/or costs suffered or incurred by us or instituted against us as a direct or indirect result of your use of the website, and such indemnity will extend to the reasonable costs that may be incurred by us in defending any action instituted against us.
Your use of the website and/or your customer profile is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. We do not accept liability that may arise in connection with the uploading, reproduction, display, use, distribution or sharing by you of your customer profile.
We, our affiliates, shareholders, directors, agents, consultants or employees will not be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the access to and/or use of, or the inability to access or use, the website, any personalised item and/or any linked website, the content thereof, any functionality thereof or information contained therein, even if we know or should reasonably have known or are expressly advised thereof.
We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.
13. Framing and Linking
You may not frame this website or any of its pages. You may only link to the home page of this website at www.mzansireview.co.za. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property.
14. Virtual agents.
You may not use any technology (including spiders, crawlers, bots and similar virtual agents) to search or gain any information from this website.
15. Intellectual Property
We own this website and (together with any licensors) own all content and other rights in it, including all intellectual property rights such as copyright and patent rights. All moral rights are reserved.
16. Trade marks.
You may not use any trademark, trade name, brand or logo on this website or related marketing material without first getting the owner’s written permission.
Unless we expressly allow it, this website may not be:
copied, modified or used to make derivative works; and/or
transferred, distributed, decompiled or reverse engineered; and/ or
rented, leased, loaned, sold or assigned.
18. Disclaimer and Limitation of Liability
We provide the website ‘as is’. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defect, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
You indemnify us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) related to your use of this website.
We will use our best endeavours to fix any fault in this website as soon as reasonably practical. This constitutes our sole responsibility and liability for any fault or faults in the website.
If the above is unenforceable for any reason whatsoever we, in the alternative, disclaim our maximum liability to you for all claims for direct damages is R1000. This limitation applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
19. Indirect Damages.
Under no circumstances will we be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.