Website Terms of use

The South African Insurance Association (SAIA) Website Terms of Use

1. INTRODUCTION

The Terms of Use set out below apply to this and all other websites owned, operated, or sponsored by SAIA – unless such other website specifically provides otherwise.

By using the South African Insurance Association (SAIA) website, these Terms of Use apply to you, and you agree to comply with the terms of Use.

Please read these Terms of Use before using the SAIA website.

You further warrant that you will not use the website for any purpose that is unlawful or prohibited under South African or international law or is in contravention of these terms.

2. TERMINATION AND VARIATION

SAIA reserves the right to alter, restrict and / or terminate the services on its website to the user in particular, or to the public in general, without notice or reason, or to revise these terms and conditions at any time. Such changes will be posted on this website and be deemed to have been accepted by the user if the user continues using the website. The obligation therefore will be on the user of this website to review these terms and conditions at regular intervals.

3. DEFAMATORY MATERIAL ON WEBSITE

SAIA does not support or encourage and will take all reasonable measures to ensure the prohibition and removal from this website of all material which is or is likely to be interpreted, in SAIA's opinion, as libellous, harmful, threatening, abusive, defamatory, indecent, obscene, or pornographic.

4. TREATMENT OF PERSONAL INFORMATION

Please read the SAIA Privacy Policy for more information regarding SAIA’s treatment of personal information. You agree that SAIA may process your personal information in accordance with the SAIA Privacy Policy.

5. COPYRIGHTS AND TRADEMARKS

A visitor's access to this website, and the information contained on it, does not in any way convey or transfer any right in or to the intellectual property rights of SAIA or its customers' data or information displayed or accessible from the website (including all text, layout, graphics, artworks, animation material and general representation of the web-site) or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other intellectual property rights which may vest in SAIA or in the author, compiler, creator or licensor of such information.

All SAIA's trademarks, logos, brands, domain names and other marks and intellectual property relating to this website, or any information contained or accessible from this website shall remain the sole and exclusive property of SAIA and the relevant authors or licensors, and the visitor undertakes that he/she/it will not use, duplicate, distribute, disseminate, adapt, display, alter or otherwise deal with such intellectual property without SAIA, the relevant licensor or author's prior written approval.

Copyright and all other intellectual property rights subsisting in any database/s maintained by SAIA and relating to this website is owned by SAIA or the relevant provider or supplier thereof.

A visitor may only use information retrieved, viewed, downloaded, or otherwise obtained by viewing this website, for his/her/its own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties unless the prior written consent of SAIA has been obtained.

The visitor undertakes not to change or delete any proprietary notices contained in any material, data or information downloaded or otherwise retrieved from this website.

Under no circumstances may a visitor use, duplicate, distribute, reverse, engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recording on or otherwise) any of the material, information or content viewed, downloaded, or otherwise retrieved from this website without the prior written consent of SAIA.

6. DISCLAIMER

While SAIA will take all reasonable measures to ensure an efficient, uninterrupted, and error-free service to all its online visitors, neither SAIA nor any of its employees, representatives or assigns will be liable to any online visitor for any loss or damage of whatsoever nature caused by or attributable to any:

1. fact or circumstance beyond the reasonable control of SAIA, including the breakdown or interruption in the services provided by external service providers and the unavailability or defective performance of any software or any of the services available on or from this website;
2. breach of privacy, security or confidentiality or any infringement of intellectual property rights by any person or entity;
3. loss, damage, destruction, theft, contamination or corruption of any data, information or content accessible from or available on this website;
4. reliance on, publication or use of any information or data contained on or accessible from this website including information and data contained in advertising banners, third party software, pop-up windows, buttons, intermercials, hypertext links and advertising sponsorships;
5. failure by a visitor or online customers to maintain the confidentiality of their personal username and password, or the disclosure of personal usernames and/or passwords to any person or entity;
6. hacking, infection by viruses, Trojan horses, or any other computer programming routines or software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any software programme, system, data or personal information;
7. failure to adhere to the provisions of any terms and conditions governing the use and access to the services and facilities offered from time to time on this website;
8. any lawful act or omission by SAIA, its representatives and service providers in respect of or relating to the maintenance and support of this website and any supporting software or otherwise in the interests of protecting SAIA's proprietary rights or the privacy and confidentiality of visitors and online customers and their personal information;
9. and consequential or indirect loss or damage whether foreseeable or otherwise. 

7. E-MAIL DISCLAIMER

E-mails sent by SAIA contains privileged or confidential information and may be subject to legal privilege. E-mails and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. Access to e-mails by anyone other than the intended individual or entity is therefore strictly prohibited. If an e-mail is received in error, please notify SAIA immediately. If you are not the named addressee you should not disseminate, distribute, copy or in any other way deal with such e-mail. Please delete such e-mail from your system immediately. If you are not the intended recipient you are notified that disclosing, copying, distributing, or taking any action in reliance on the contents of this information is strictly prohibited.

8. SMS TERMS OF USE

Please note the terms of use set out below. They are binding for all SMS’s.

SMS includes, but is not limited to, messages sent via the internet on platforms such as WhatsApp or similar.

8.1 DISCLAIMER

SAIA will in no event be responsible for any direct, indirect, special, or consequential loss or expense that may be attributable, directly or indirectly, to the use of SMS’s.

SAIA will not be responsible for any interruption, delayed or failed transmission, loss of data, storage or delivery of information resulting from any cause.

All the information sent by us via SMS is provided without any representation or warranty whatsoever, whether express or implied. In particular, SAIA makes no representation or warranties about the correctness of any information contained, the suitability of any products or services mentioned or the soundness of any general advice offered in an SMS.

8.2 APPLICABLE LAW

The use of, and information appearing in SMS's, is governed and interpreted in accordance with the laws of the Republic of South Africa.

8.3 INTELLECTUAL PROPERTY RIGHTS

Nothing on any SMS should be construed as granting (by implication, estoppel, or otherwise) any license or right to use any intellectual property rights envisaged in the previous paragraph without our written permission. You may not use the name of the South African Insurance Association (SAIA) or our logo in any way without our prior written permission.

8.4 BREACH

SAIA reserves the right to refuse to provide any SMS service if: (a) you breach any of these terms of use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that you are conducting activities that are illegal or abusive, or put SAIA in disrepute.

8.5 INDEMNITY

You agree to indemnify and hold harmless SAIA – and our respective directors, officers, employees, agents, licensors, suppliers, and any third-party information providers – from and against all losses and expenses (including attorney and own client costs), resulting from you violating any of these terms of use.

9. PRESUMPTION AND INDEMNITY CLAUSE

The user of this site hereby indemnifies and holds SAIA harmless against all and any loss, liability, action, law suits, proceedings, costs, demands, and damages of all and every kind, (including but not limited to, direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on this website, or in the use of these services offered, information and / or images available on this web-site, whether due to SAIA's negligence or not.

Due to the lack of personal contact in online communication and transactions, SAIA relies exclusively on the correctness and accuracy of information submitted and the good faith of its online visitors.

Online customers must keep confidential their personal usernames and passwords, at all times. SAIA shall be entitled to presume the authenticity and validity of any online communication or transaction and that the online customer is the originator of such online communication or transaction where the username and password of that online customer is used to gain access to, view and/or engage in any activity or transaction or service offered on this website.

The online visitor hereby indemnifies SAIA, its employees, representatives and service providers and holds them harmless against any and all claims, losses and damages which SAIA or any third party may incur as a result of reliance placed on any information, data and material furnished by a website or online visitor. 

10. NO WARRANTIES

While SAIA will take care to provide accurate information on the SAIA website, the information displayed on the SAIA website is provided without any express or implied warranty (guarantee that the information is correct) of any kind whatsoever. In particular, SAIA does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.

11. RESTRICTED USE

Unless otherwise indicated in writing, all information and services displayed on or accessed through the SAIA website are for both personal and commercial use only. You may not:

• Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have SAIA’s prior written authorisation;
• Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;
• Post on or transmit to the website content of an unlawful nature, for example: (a) content that is threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) content that could damage SAIA’s image or impair its ability to do business;
• Use the website in a manner that could damage, disable, overburden, or impair any SAIA server (computer), or network connected to any SAIA server, or interfere with any other party's use of the SAIA website;
• Interfere with any content displayed on the SAIA website or attempt or gain unauthorised access (without SAIA’s written consent) to the information displayed on the website to which you may not be authorised, or to any secure area on the website, a SAIA server or any other part of the SAIA information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the SAIA website or to gain access to information or any part of the SAIA information system to which you are not authorised, is unlawful and is an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.
• Create a link from another website to the SAIA website, or any of the web pages which constitute the SAIA website, without SAIA's prior written consent;
• Frame the website or any of its pages without SAIA's prior written consent.

12. ELECTRONIC TRANSACTIONS, COMMUNICATIONS AND RECORDS

When you communicate with SAIA by electronic communication provided or as may be directed on this website, you consent to receiving responses to your communications by electronic communication addressed to you by SAIA. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by SAIA satisfy any legal requirement that such communications should be in writing.

You accept the risks inherent in electronic communication in whatever form.

You consent to SAIA acting on the information communicated to SAIA electronically. You are responsible to ensure that SAIA has received the information communicated electronically.

You acknowledge and consent that SAIA, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by SAIA will constitute rebuttable proof (it may be challenged) of the content of the records.

Any email communication (including but not limited to SMS’s messages sent via data for example WhatsApp) sent to you will be regarded for the purposes of this agreement to have been received by you when it enters an information system outside of the control of SAIA.

User ID and password

If you subscribe to a service provided on the SAIA website, you may be required to choose a user id (an identifying name) and a password. You are entirely responsible for:

• Maintaining the confidentiality of your password (you must not give the password to anyone else);
• All activities that occur in your account (using your user id and, if required, your password), either with or without your knowledge;
• Notifying SAIA immediately of any unauthorised use (use that you did not consent to) of your user id and/or password or any other breach of security that you know of.

13. MOBILE ACCESS AND USE

You may access the SAIA website using a mobile device (including a mobile telephone).

The Terms of Use apply with equal force and effect regardless of the manner of your access and browsing of the SAIA website.

14. GENERAL

These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and the user of this website will submit to the jurisdiction of the South African courts.

SAIA’s failure to exercise any particular right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

All provisions of these terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms which is or becomes unenforceable for any reason whatsoever, shall, only and only to the extent that it is so unenforceable, be treated as non-existent and the remaining provisions of these terms and conditions shall remain in full force and effect.

15. FEEDBACK AND COMPLAINTS 

If you for any reason disagree with these terms or any part hereof, please discontinue use of this website immediately.

Should you wish to contact SAIA with any queries, comments regarding this website, please send an email to info@saia.co.za.

Any complaints can be sent to the same email address above but must be marked for the attention of “Legal”. SAIA will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where it deems necessary.

16. LINKS TO THIRD PARTY WEBSITE AND APPLICATIONS ("EXTERNAL LINKS")

External links may be provided for your convenience, but they are beyond the control of SAIA and no representations, warranties or endorsements are made as to their content or services. When visiting external links, you must refer to that external terms and conditions of use. Use or reliance on any external links provided is subject to the applicable third-party privacy statement and is at your own risk. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of SAIA.