1. DEFINITIONS AND INTERPRETATION
1.1 “MadeSure/Africa Direct” shall refer collectively to MadeSure/Africa Direct Life and Investment (Proprietary) Limited (2012/18823007) Madesure Trading (pty) ltd (2015 / 389865 / 07) and its operating subsidiaries duly incorporated in terms of the company laws of the Republic of South Africa, with its registered office at Brookside Office Park, 11 Imam Haron Road, Claremont, Cape Town, 7708, South Africa.
1.2 “MadeSure website” means the websites, owned and operated by MadeSure and MadeSure/Africa Direct and located at www.africadirectlife.co.za and www.madesure.co.za
1.3 “User(s)” means any person who enters or uses the MadeSure/Africa Direct 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 MadeSure/Africa Direct licenses the User to view, download and print the content of the MadeSure/Africa Direct website, provided that such content is used for private, personal, educational and/or non-commercial purposes.
2.2 Content from the MadeSure/Africa Direct website may not be used or exploited by Users for any commercial and non-private purposes without written consent of MadeSure/Africa Direct.
2.3 Users may not use the MadeSure/Africa Direct 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- MadeSure/Africa Direct sites, are provided as is and MadeSure/Africa Direct 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 MadeSure/Africa Direct website, for any purposes, without the prior written permission of MadeSure/Africa Direct.
2.8 E-mail addresses, names, telephone numbers and fax numbers published on the MadeSure/Africa Direct 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 MadeSure/Africa Direct website may be used to communicate unsolicited communications to MadeSure/Africa Direct 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 © MadeSure/Africa Direct Life and Investment (Pty) Ltd 2012.
4. INTELECTUAL PROPERTY RIGHTS
All intellectual property on the MadeSure/Africa Direct 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 MadeSure/Africa Direct 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 MadeSure/Africa Direct website are expressly reserved.
5. ELECTRONIC COMMUNICATIONS
When a User visits the MadeSure/Africa Direct web site or sends e-mails to MadeSure/Africa Direct, that visitor consents to receiving electronic communications from MadeSure/Africa Direct and agrees that all agreements, notices, disclosures and other communications sent by MadeSure/Africa Direct satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
6. CHANGES AND AMENDMENTS
MadeSure/Africa Direct 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 MadeSure/Africa Direct website;
6.3 discontinue any aspect of the MadeSure/Africa Direct website or service(s) available from the MadeSure/Africa Direct website; and/or
6.4 change the software and hardware required to access and use the MadeSure/Africa Direct website
7.1 MadeSure/Africa Direct 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 MadeSure/Africa Direct 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 MadeSure/Africa Direct and/or its partners / affiliates.
7.5 MadeSure/Africa Direct may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 MadeSure/Africa Direct shall not disclose personal information from Users unless the User consents thereto;
7.5.2 MadeSure/Africa Direct shall disclose information without the User’s consent only through due legal process; and
7.5.3 MadeSure/Africa Direct may compile use and share any information that does not relate to any specific individual.
7.6 MadeSure/Africa Direct owns and retains all rights to non-personal statistical information collected and compiled by MadeSure/Africa Direct.
8. HYPERLINKS TO THIRD PARTY SITES
MadeSure/Africa Direct may provide hyperlinks to websites not controlled by MadeSure/Africa Direct (“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. MadeSure/Africa Direct 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.
9.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, as amended MadeSure/Africa Direct 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, MadeSure/Africa Direct 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 MadeSure/Africa Direct 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 MadeSure/Africa Direct ,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 MadeSure/Africa Direct 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 MadeSure/Africa Direct website to MadeSure/Africa Direct and MadeSure/Africa Direct 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
12.1 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 MadeSure/Africa Direct 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 MadeSure/Africa Direct to take all reasonable steps to ensure the integrity and security of the MadeSure/Africa Direct site and back-office applications.
MadeSure/Africa Direct 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 Brookside Office Park, 11 Imam Haron Road, Claremont, Cape Town, 7708, South Africa.
To obtain permissions for the commercial use of any content on this site contact Nicholas French, at the telephone number +27 (72) 4695409 or at the e-mail address firstname.lastname@example.org