Terms and Conditions

Budget Marketing Terms and Conditions

Introduction:

Budget Insurance Company Limited (“Budget”) is a registered insurer and an authorised financial services provider licensed in terms of the Short-term Insurance Act, 53 of 1998 (“STI Act”) and Financial Advisory and Intermediary Services Act, 37 of 2002 (“FAIS Act”) respectively.

Budget is also a Direct Marketer which means that Budget provides the predominant part of its financial services concerned in the form of direct marketing.

Budget will on a continuous basis be in a position to market and advertise its product offerings to the general public and will endeavour to at all times comply to, including but not limited to, the following legislation, applicable codes of conduct and /or principles:

1. the STI Act;
2. the FAIS Act;
3. the Treating Customers Fairly (TCF) outcomes;
4. the Advertising Standards Authority of South Africa’s Advertising Code of Practice;
5. the Wireless Application Service Providers’ Association’s Code of Conduct; and
6. the Electronic Communications and Transactions Act;
   
   

Compliance to legislation:

Budget has implemented measures to ensure compliance and will strive to at all times:

1. Ensure that a reference to the fact that Budget is an authorised financial services provider is contained in Budget websites, advertisements and promotional material;
2. Ensure that a copy of the licence is at all times immediately or within a reasonable time available for production to any person requesting proof of licensed status under authority of a law;
3. Render financial services honestly, fairly, with due skill, care and diligence, and in the interests of clients and the integrity of the financial services industry; and
4. Consult the Budget Compliance Department on any and / or all marketing material and initiatives.
   
   

Marketing Content:

1. Budget will strive to ensure that representations made and information provided to the public will at all times:
   • Be factually correct;
   • Be provided in plain language so as to avoid uncertainty or confusion and not to be misleading;
   • Not contain any statement, promise, claim or forecast which is fraudulent, untrue or misleading; and
   • Not be offensive or derogatory in nature.
2. Savings messages will be based on and supported by clearly stated basic assumptions and / or independent research that is not older than 1 year.
3. Advertising messages based upon specific risk profiles will disclose that claims are Risk Profile Dependent and Budget will further be able to substantiate, upon request, what such messages were based upon.
4. Where specific Terms and Conditions other than the general terms and conditions are applicable inform the client of such terms and conditions as well as where a copy of same can be requested.
   
   

Queries / complaints:

Should there be any queries or complaints regarding any form of advertising by Budget Insurance Company Limited, please contact us on the numbers provided below:

Queries / Complaints:              0860 10 90 59

Compliance:                            compliance@budgetins.co.za

WEBSITE LEGAL NOTICE BUDGET INSURANCE OCTOBER 2016 

Please read the following Website Legal Notice carefully as it contains the Terms and Conditions of Usage of the BUDGET INSURANCE Website, Webpages, Mobisite, or any part thereof (located at www.firstforwomen.co.za) (the “Website”) owned by BUDGET INSURANCE Ltd as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”). You will be subject to the Website Legal Notice in force at the time that you use the Website. For the avoidance of doubt, the Website Legal Notice available on the Website at the time of each of Your Website usage sessions shall govern the relevant session.


Enquiries:
Email: support@budgetinsurance.co.za
BUDGET INSURANCE WEBSITE LEGAL NOTICE

BUDGET INSURANCE LTD

(BUDGET INSURANCE) WEBSITE LEGAL NOTICE BUDGET INSURANCE October 2016

Contents

1. WEBSITE TERMS AND CONDITIONS OF USAGE ....................................................................................... 3

2. BUDGET INSURANCE INFORMATION & WEBSITE COMPLIANCE ........................................................................... 9

3. BUDGET INSURANCE TERMS OF SERVICE – ELECTRONIC TRANSACTIONS .......................................................... 12

4. BUDGET INSURANCE WEBSITE PRIVACY POLICY ................................................................................................. 14

5. BUDGET INSURANCE QUERIES: ........................................................................................................................... 18


WEBSITE LEGAL NOTICE BUDGET INSURANCE OCTOBER 2016

1. WEBSITE TERMS AND CONDITIONS OF USAGE

The User’s (Your) usage of the online services contained on the Website constitutes your acceptance of the Terms and Conditions of Usage contained below and your arising obligations towards BUDGET INSURANCE. may amend these Terms and Conditions of Usage at any time by posting the amended Terms and Conditions on the Website. All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent site shall be governed by such amended terms. This agreement was last revised on 30 November 2014. You are advised to regularly check these Terms and Conditions for any amendments or updates.

Website enquiries:

Phone: 0861 60 01 20; Email: support@budgetinsurance.co.za

1.1. Enforceability: These Terms and Conditions shall apply to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

1.2. Usage: Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the Website by you. The Website is not intended for persons under the age of 18, and BUDGET INSURANCE does not knowingly collect personally identifiable information from users under the age of 18.

1.3. Limited liability of BUDGET INSURANCE: the user understands, acknowledges and agrees that usage of the website and reliance on the website content is at the discretion and risk of the user. BUDGET INSURANCE, in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to: content, hours of availability and equipment needed for access or use of the website. BUDGET INSURANCE shall attempt to maintain the availability and accessibility of the website; however, BUDGET INSURANCE takes no responsibility for, and will not be liable for the website being temporarily unavailable or inaccessible for reasons beyond the control of BUDGET INSURANCE.

WEBSITE LEGAL NOTICE BUDGET INSURANCE OCTOBER 2016

1.4. No Warranty: The Website has not been tailored to any specific individual User’s requirements and is provided to the public as a whole; based thereon the information contained on the Website is provided by BUDGET INSURANCE and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. BUDGET INSURANCE makes all reasonable efforts to ensure that all material and information on this Website is correct but cannot represent or guarantee the accuracy thereof. As such, BUDGET INSURANCE makes no warranties or representations as to the accuracy of the content, information, and materials contained in this Website which are provided to you, as is and as available.

1.5. Indemnification of BUDGET INSURANCE: Subject to clause 1.1 above, You agreed to defend, indemnify and hold BUDGET INSURANCE, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, consequential or punitive damages and any reasonable legal and/or accounting fees, resulting from, (i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text, images, video or audio from this Website, and/or (iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.

1.6. Unauthorised Use of the Website: The User is permitted to use the Website for legitimate purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of BUDGET INSURANCE or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of BUDGET INSURANCE or which constitutes advertising of goods or services in the absence of written approval from BUDGET INSURANCE. Unauthorised use of this Website may give rise to BUDGET INSURANCE instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.

1.6.1. The caching of the Website shall only be allowed if:

WEBSITE LEGAL NOTICE BUDGET INSURANCE October 2016

1.6.1.1. The purpose of the caching is to make the onward transmission of the content from the Website more efficient;

1.6.1.2. The cached content is not modified in any manner whatsoever;

1.6.1.3. The cached content is updated at least every 12 (twelve) hours; and

1.6.1.4. The cached content is removed or updated when so required by BUDGET INSURANCE.

1.7. Third Party Website Links: BUDGET INSURANCE may include or provide links to third party websites on the Internet. Such websites may provide opinions, recommendations, or other information and services from various individuals, sponsors, organisations or companies. In providing such links, BUDGET INSURANCE does not investigate the content of such information or services and does not endorse, guarantee, warrant, or recommend the accuracy and/or legality of such information, or subscribe to any such opinions or recommendations.

1.8. BUDGET INSURANCE’s Website Links: The Website may also contain links to other distinct websites which are owned and run by BUDGET INSURANCE or associated companies and contains, for instance, further information on other goods and services of BUDGET INSURANCE. These links are provided for your convenience and for the purpose of providing additional information. Where applicable, your use of the linked BUDGET INSURANCE website is governed by the usage terms applicable to that specific website and is not governed by the Terms and Conditions of this Website.

1.9. Use of BUDGET INSURANCE’s Forums, and other social media communication platforms: Users may participate in discussions, contribute content to a discussion forum and blog or other social media communication platforms associated with the Website. You agree that the liability for such content rests with You, as the originating User. BUDGET INSURANCE does not control, monitor nor enforce editorial control over any such content. BUDGET INSURANCE does, however, retain the right but not the obligation to remove any material from any such forums, blogs, social media platforms which it deems inappropriate, is illegal, of an infringing nature, or is the subject of a complaint.

1.9.1. Users hereby license BUDGET INSURANCE to publish, use, sub-license, distribute, amend, update and store material posted to the forum, blog or other social media

WEBSITE LEGAL NOTICE BUDGET INSURANCE OCTOBER 2016

communication platform;
1.9.2. BUDGET INSURANCE shall not be liable for any damage, loss, liability and/or harm incurred by any person if such harm to the User or third parties resulting from a User’s posting to such platforms;
1.9.3. BUDGET INSURANCE does not necessarily endorse, encourage or agree with comments, opinions, or statements posted on such platforms. Any content posted including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of BUDGET INSURANCE.
1.9.4. Users waive all moral rights that may attach to material posted to such platforms.

1.10. Valuation tools, calculators, games and other features: The Website may contain or make available various tools, calculation devices, software programs, games or other similar features which assist you in calculating insurance policy premiums, levels of excess and other indices and information. BUDGET INSURANCE shall not be liable for any errors or inaccuracies associated with the use or reliance on such tools etc. and it is the sole responsibility of you, the User to review and elect to use or rely on such tools, devices programs, games or other similar features.

1.11. Applicable Law, Domicilium, Jurisdiction and Arbitration:
1.11.1. The Website is hosted, controlled and operated from the Republic of South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.
1.11.2. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
1.11.3. Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, with Your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Johannesburg.
1.11.4. BUDGET INSURANCE confirms the domicilum citandi et executandi for all purposes associated with the BUDGET INSURANCE Website, transactions pertaining to the Website, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
1.11.5. Any notice by any party to BUDGET INSURANCE which is transmitted by electronic mail and/ or facsimile to BUDGET INSURANCE at the BUDGET INSURANCE electronic mail addresses and/or facsimile addresses (as the case may be) shall be presumed, until the contrary is proven by BUDGET INSURANCE, to have been received by BUDGET INSURANCE on the date of successful and complete transmission thereof.
1.11.6. BUDGET INSURANCE does not receive legal notice or accept the serving of documents attached to legal processes on the Company and/or Trustees by electronic mail.

1.12. Website Intellectual Property: This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of BUDGET INSURANCE and/or various third parties and subject to the intellectual property laws of South Africa. Further and to the extent that BUDGET INSURANCE does not own specific content, or such content falls within the public domain, BUDGET INSURANCE may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or licence to BUDGET INSURANCE’s intellectual property or the intellectual property of third parties have been granted to You, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of BUDGET INSURANCE and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
1.12.1. commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of BUDGET INSURANCE or in the case of third party content, the owner of that content;
1.12.2. claim or convey ownership of Website content either in its entirety or otherwise; 1.12.3. modify the Website content for the purposes of reposting to other websites;


WEBSITE LEGAL NOTICE BUDGET INSURANCE OCTOBER 2016

1.12.4. alter or remove any trademark, copyright or other notice from the Website content; including proprietary notices contained on any content;

1.12.5. copy or otherwise incorporate Website content or software into or store in any other website, electronic retrieval system, publication or other work in any form; and/or

1.12.6. frame the Website or any part of the Website.

1.13. Unsolicited Commercial Communications: You agree not to collect or use any Personal Information listed on the Website, pertaining to for example, Website users, contributors, members, clients and/or executives or advisors of BUDGET INSURANCE for the purposes of transmitting and/or in any manner facilitating the transmission of unsolicited commercial communications.

1.14. 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 Website and/or download content from the Website.

WEBSITE LEGAL NOTICE BUDGET INSURANCEOCTOBER 2016

2. BUDGET INSURANCE INFORMATION & WEBSITE COMPLIANCE

The following table contains further information on BUDGET INSURANCE and represents the information that must be provided by Budget Insurance Ltd to You in compliance with Section 43 of the South African Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 05 November 2012. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.

Enquiries: