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Website Legal Notice Dialdirect Insurance

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 DIALDIRECT 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 11 18 05; Email: support@dialdirect.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 DIALDIRECT INSURANCE does not knowingly collect personally identifiable information from users under the age of 18.

1.3. Limited liability of DIALDIRECT 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. DIALDIRECT 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. DIALDIRECT INSURANCE shall attempt to maintain the availability and accessibility of the website; however, DIALDIRECT INSURANCE takes no responsibility for, and will not be liable for the website being temporarily unavailable or inaccessible for reasons beyond the control of DIALDIRECT INSURANCE.

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 DIALDIRECT 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. DIALDIRECT 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, DIALDIRECT 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 DIALDIRECT INSURANCE: Subject to clause 1.1 above, You agreed to defend, indemnify and hold DIALDIRECT 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 DIALDIRECT INSURANCE or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of DIALDIRECT INSURANCE or which constitutes advertising of goods or services in the absence of written approval from DIALDIRECT INSURANCE. Unauthorised use of this Website may give rise to DIALDIRECT 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:

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 DIALDIRECT INSURANCE.

1.7. Third Party Website Links: DIALDIRECT 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, DIALDIRECT 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. DIALDIRECT INSURANCE’s Website Links: The Website may also contain links to other distinct websites which are owned and run by DIALDIRECT INSURANCE or associated companies and contains, for instance, further information on other goods and services of DIALDIRECT INSURANCE. These links are provided for your convenience and for the purpose of providing additional information. Where applicable, your use of the linked DIALDIRECT 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 DIALDIRECT 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. DIALDIRECT INSURANCE does not control, monitor nor enforce editorial control over any such content. DIALDIRECT 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 DIALDIRECT INSURANCE to publish, use, sub-license, distribute, amend, update and store material posted to the forum, blog or other social media communication platform; 

1.9.2. DIALDIRECT 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. DIALDIRECT 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 DIALDIRECT 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. DIALDIRECT 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. DIALDIRECT INSURANCE confirms the domicilum citandi et executandi for all purposes associated with the DIALDIRECT 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 DIALDIRECT INSURANCE which is transmitted by electronic mail and/ or facsimile to DIALDIRECT INSURANCE at the DIALDIRECT INSURANCE electronic mail addresses and/or facsimile addresses (as the case may be) shall be presumed, until the contrary is proven by DIALDIRECT INSURANCE, to have been received by DIALDIRECT INSURANCE on the date of successful and complete transmission thereof.
1.11.6. DIALDIRECT 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 DIALDIRECT INSURANCE and/or various third parties and subject to the intellectual property laws of South Africa. Further and to the extent that DIALDIRECT INSURANCE does not own specific content, or such content falls within the public domain, DIALDIRECT INSURANCE may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or licence to DIALDIRECT 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 DIALDIRECT 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 DIALDIRECT 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;

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 DIALDIRECT 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.

2. Dialdirect Insurance & Website Compliance

The following table contains further information on Dialdirect and represents the information that must be provided by Dial Direct 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: Telephone: 0860 10 60 76; Email: support@dialdirect.co.za

The full name of Dialdirect:

Dialdirect Insurance Limited

Dialdirect’s physical address & telephone number:

1 Telesure Lane

Riverglen, Dainfern

2191

+27 (0) 11 489 4000

Dialdirect’s website address & email address:

http://www.dialdirect.co.za

Email: support@dialdirect.co.za

Membership of any self-regulatory or accreditation bodies to which Dialdirect belongs or subscribes:

Digital Media and Marketing Association, Advertising Standards Authority, Financial Services Board

Code of Conduct to which Dialdirect subscribes and how that code of Conduct may be accessed electronically:

www.dmma.co.za

 

The registration number of Dialdirect:

1995/008764/06

The place of registration:

South Africa

The physical address where Dialdirect will receive legal service of documents:

1 Telesure Lane

Riverglen, Dainfern

2191

+27 (0) 11 489 4000

Alternative Dispute Resolution Code:

Without any restriction on Your rights to pursue legal recourse in the forum of Your choice as per clause 1.9 of the Website Terms and Conditions of Usage, You agree that in the event of a dispute or alleged breach of the terms hereof You will work together with Dialdirect in good faith to resolve the matter internally by escalating it to higher levels of management alternatively the legal forum of your choice.

Description of the main characteristics of the services offered by Dialdirect

As per the Policy Book

Electronic transactions – additional terms of service

As set out herein

Information on manner in which transaction records may be accessed

Contact the Voice Retrieval Department and IS Services (Pty) Limited Trading Telesure Technology Solutions

Return and refund Policies

Cooling-off periods

By virtue of the nature of the services provided to you by Dialdirect, no monies paid by you to Dialdirect in respect of the services will be returned or refunded unless it is established to the satisfaction of Dialdirect that there was a material error in rendering the services or unless the refund is expressly provided for in terms of the Dialdirect policy book.

There is no cooling-off period applicable to the transactions concluded on the Website.

Security procedures and protocols applicable to the Website

As set out herein

Privacy Policy

As set out herein

Complaints Procedures

You may lodge a complaint concerning the Website with the Dialdirect complaints centre as follows:

3. Dialdirect Terms Of Service – Electronic Transactions

The following section contains the terms and conditions applicable to electronic transactions. You will be subject to the Terms in force at the time that You register and/or engage in an electronic transaction. You are advised to download and store these Terms as well as all other legal documents in force at the time You engage in the electronic transaction. These Terms were 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:

Telephone: 0860 10 60 76; Email: support@dialdirect.co.za

3.1. Insurance Products and Services – Electronic Contracting

3.1.1. Dialdirect enables you to enter into electronic transactions online to receive Dialdirect’s insurance products and services. By signing up: You understand that You are entering into an electronic transaction with legal force and effect according to the Electronic Communications and Transactions Act 25 of 2002.

3.1.2. You warrant that You have the legal capacity to enter into such transaction and You consent to the terms set out herein.

3.1.3. You agree that Dialdirect may act on and process all completed on line instructions/ applications transmitted or issued through the Website.

3.1.4. You agree that Dialdirect regard all transactions purporting to originate from you as authentic and that Dialdirect is under no obligation to investigate the authenticity or authority of any information or transaction purporting to originate with you or to verify the accuracy of or completeness of information submitted by you associated with any such transactions.

3.1.5. You agree that:

3.1.5.1. Notwithstanding the above, a binding agreement between you and Dialdirect is conditional on Dialdirect being able to successfully charge and timeously receive the fees associated with the transaction in accordance with the nominated payment method, including successful charging against your nominated bank account where applicable.

3.1.5.2. The terms and conditions associated with the product or service include those specified in the relevant insurance policy schedule and policy terms and conditions available and such terms and conditions shall be incorporated by reference into the terms of your transaction with Dialdirect. Dialdirect shall have no obligation to furnish you with paper versions of such documents or as confirmation of your transaction with Dialdirect.

3.1.5.3. You are responsible for ensuring that you receive a policy number and should contact Dialdirect should you not have received the number within 24 hours.

3.1.5.4. You agree that the submission of a quote does not result in a binding insurance contract between you and Dialdirect. The binding contract occurs on the completion of the transaction only and receipt of payment by Dialdirect.

You warrant that all the Personal Information provided by You during the Sign up process is true, correct and accurate. You undertake to provide Dialdirect with written notification, to support@dialdirect.co.za.

3.1.6. should any of Your Personal Information, required during the sign up process, change.

3.2. Limitation of liability: you agree to indemnify Dialdirect against any and/or all claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the transactions on the website.

3.3. Payment Terms and Conditions

3.3.1. Payments for the insurance products and services associated with valid electronic contracts concluded by you on the Website will be debited from your account on the specified date and in accordance with the banking details specified by you.

4. Dialdirect Website Privacy Policy

The following provisions contain important information on Dialdirect’s Privacy Policy and include the various consents and permissions provided by you to Dialdirect in respect of use of your Personal Information. 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 as continued use of the Website constitutes the Users’ acceptance of the Policy as amended.

Enquiries:

Telephone: 0860 10 60 76;

Email: support@dialdirect.co.za

4.1. Privacy and Personal Information: Dialdirect endeavours to comply with all laws and regulations providing for privacy including, but not limited to, the 1996 South African Constitution and the Electronic Communications and Transactions Act 25 of 2002. For the purpose of this Privacy Policy, Personal Information will be understood in accordance with the definition thereof in terms of the Promotion of Access to Information Act 2 of 2000. Dialdirect seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession. In addition thereto Dialdirect seeks to ensure that all Personal Information is processed in compliance with South African law.

4.1.1. Information Collection and Use: Dialdirect and/or its authorised technology agents collect certain Personal Information from You in connection with your use of the Website and/or the goods and services provided to You by Dialdirect. This information is used to: make your visit to the Website and/or your use of the goods and/or services more efficient; provide you with the requested goods and/or services; enable efficient use of the Website; process transactions concluded by you; process electronic communications and transactions; to administer a competition, promotion or survey or similar interactive activity; or to provide you with newsletters or other periodic emails and/or promotional materials and/or contact you to market group products to you if you have consented to receive this communication.

4.1.1.1. Website Usage: Personal Information is automatically collected in relation to Your visit to the Website; such information includes but is not limited to: Your browser type and version, as well as Your operating system. In addition thereto, the Website does use different types of cookies. Cookies are small files that are placed on a User’s hard drive in order to keep a record of a User’s interaction with the Website. The following type of cookies will be used: cookies which provide web analytics services, flash cookies and other types of cookies. The Dialdirect hosting agents and/or service providers may automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device. The Information collected is for aggregate purposes only and cannot be used to identify You personally.

4.1.1.2. Subscription to Mailing List or Other Publications: In the event that You subscribe to the Dialdirect Newsletter or Forums and to receive further information, such as marketing and promotional material, from Dialdirect, Your Personal Information will be processed by Dialdirect. This information shall include, but is not limited to, Your email address. Dialdirect will use Your Personal Information to track whether You have read the material supplied to You by Dialdirect and/or whether You have clicked on any of the links so provided. All Dialdirect communications shall contain an unsubscribe link and by following the unsubscribe process You shall be removed from the relevant mailing list and Dialdirect shall no longer send You the subscription content or contact You.

4.1.1.3. Account Sign Up for Goods/Services: Dialdirect shall retain Your Personal Information submitted for the provision of Dialdirect’s services to You, as requested. This Information could include, but is not limited to, Your: name, email address, telephone number, company name, Physical Address, VAT Number, and financial details. In addition thereto, for the term of your Account with Dialdirect, You shall also be subscribed to receive relevant Dialdirect electronic communications.

4.2. Consent to process personal information:

4.2.1. By providing Dialdirect with your Personal Information for the provision of Dialdirect’s services as well as for marketing and promotional purposes, you expressly consent to having your Personal Information processed in accordance with this Privacy Policy, the Website Terms and Conditions of Usage and the Electronic Transactions Terms of Service, as the aforementioned documents so apply to you. Processing shall include, without limitation, the collection, receipt, recording, organisation, storage updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking, blocking, degradation, erasure, or destruction of information.

You expressly consent to Dialdirect retaining your Personal Information once your relationship with Dialdirect has been terminated for: aggregate, statistical and reporting purposes. In the event that you wish to revoke all consent pertaining to your Personal Information and you would like Dialdirect to remove and/or delete your Personal Information entirely, you must notify Dialdirect at support@dialdirect.co.za.

4.2.2. From time to time, Dialdirect may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa, alternatively the country in which you reside and/or operate from. In these circumstances Dialdirect will be required to transmit your Personal Information outside South Africa, alternatively outside the country in which you reside and/or operate from. The purpose of the trans-border flow of your Personal Information may include, but is not limited to: data hosting and storage. you expressly consent to the trans-border flow of your Personal Information.

4.3. Consent to process personal information:

4.3.1. You have the right to correct your Personal Information as well as to revoke your consent to the processing of your Personal Information by Dialdirect. You do however agree that Dialdirect requires your Personal Information to render the Dialdirect services and should you decide to revoke your consent Dialdirect may not be able to provide you with such services.

4.3.2. In terms of the Promotion of Access to Information Act 2 of 2000 (PAIA), You have the right to request access to any relevant personal data held by Dialdirect as the Website owner, and where such access is necessary for the exercise and/or protection of any of Your rights.

4.3.3. Detailed information on PAIA and the procedure to request access to personal information is available from www.justice.gov.za/paia/paia.htm.

4.3.4. Dialdirect will take all reasonable measures in order to ensure your Personal Information is appropriately safeguarded; these precautions include, but are not limited to: the use of a sufficiently secure server and providing suitably secure payment mechanisms.

4.3.5. Dialdirect will not sell, exchange or transfer your Personal Information to any third party not required in the provision of Dialdirect’s services unless you have consented thereto.

4.4. Disclosure of Personal Information:

4.4.1. You acknowledge and agree that records relating to the provision of Dialdirect’s services by Dialdirect to you and the Personal Information submitted by you may be required to be retained in terms of legislated records retention requirements, Dialdirect’s operational purposes and/or for production as evidence by Dialdirect in legal proceedings.

4.4.2. Dialdirect may disclose your Personal Information under the following circumstances:

4.4.2.1. to comply with the law or with legal process;

4.4.2.2. to protect and defend Dialdirect’s rights, equipment, facilities, and other property;

4.4.2.3. to protect Dialdirect against misuse or unauthorised use of the Website and/or goods and/or services; and/ or

4.4.2.4. to protect other customers or Website Users or third parties affected negatively by Your actions in use of the goods, services and/or the Website.

4.5. Links to other Websites: Dialdirect accepts no responsibility for the privacy practices of any third party sites that are linked to from the Dialdirect Website.

5. Dialdirect Queries

Email: support@dialdirect.co.za; Tel: 0860 10 60 76