APPLICABLE TO BIDVEST WEALTH AND EMPLOYEE BENEFITS (PTY) LTD (BidvestWEB) FSP 5669
While BidvestWEB will take all reasonable measures to ensure an efficient, uninterrupted and error-free service to all its online customers, neither BidvestWEB nor any of its employees, representatives or assigns will be liable to any online customer for any loss or damage of whatsoever nature caused by or attributable to any: fact or circumstance beyond the reasonable control of BidvestWEB, 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 web-site;
breach of privacy, security or confidentiality or any infringement of intellectual property rights by any person or entity;
loss, damage, destruction, theft, contamination or corruption of any data, information or content accessible from or available on this web-site;
reliance on, publication or use of any information or data contained on or accessible from this web-site including information and data contained in advertising banners, third party software, pop-up windows, buttons, intermercials, hypertext links and advertising sponsorships;
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;
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;
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 web-site;
any lawful act or omission by BidvestWEB, its representatives and service providers in respect of or relating to the maintenance and support of this web-site and any supporting software or otherwise in the interests of protecting BidvestWEB proprietary rights or the privacy and confidentiality of visitors and online customers and their personal information; and
Consequential or indirect loss or damage whether foreseeable or otherwise.
1.1 The user of this site hereby indemnifies and holds BidvestWEB 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 BidvestWEB’s negligence or not.
1.2 Due to the lack of personal contact in online communication and transactions, BidvestWEB relies exclusively on the correctness and accuracy of information submitted and the good faith of its online customers. Failure to provide honest, accurate and complete disclosure may lead to the annulment of policies.
1.3 Online customers must keep confidential their personal usernames and passwords, at all times. BidvestWEB 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 web-site.
1.4 The online customer hereby indemnifies BidvestWEB, its employees, representatives and service providers and holds them harmless against any and all claims, losses and damages which BidvestWEB or any third party may incur as a result of reliance placed on any information, data and material furnished by a prospective policyholder or policyholder to BidvestWEB.
Termination and Variation
BidvestWEB 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.
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 in the event of any legal proceedings. BidvestWEB failure to exercise any particular right or provision of these terms and conditions shall not constitute a waiver of such right or provision.