www.find-insurance.co.za (“we, us, our”) is an online insurance comparison site (“the Website”), which enables users (“you, your”) to voluntarily enter their contact information on a single Website, and have various insurance companies contact them. We have partnerships with a variety of insurers, and may submit your details to a variety of insurance companies or brokers.
These terms and conditions of use (“Terms”) regulate access to and use of the Website and any profile created by you arising out of your use of the Website.
Please note that these Terms are valid, binding and enforceable against all persons that access and/or use this Website.
By using any part of the Website or by clicking a box that states that you accept or agree to those Terms, you signify your agreement to these terms. If you do not agree to these Terms, you may not use the Website.
We reserve the right, in our sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time you access the Website, you are deemed to have consented, by such access, to the Terms, as amended and/or replaced by us from time to time.
In the event of a dispute as to the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Website shall be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms.
These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
You shall not be entitled to cede, assign, and/or delegate your rights and/or obligations in terms of these Terms to any third party without the prior written consent of us.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
The expiration or termination of these Terms shall not affect such of the provisions of these Terms that expressly provide that they shall operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
2. LIMITATION OF OUR LIABILITY AND USE OF OUR WEBSITE
2.1 Use of WebSite
You may only use the Website to browse the content, voluntarily enter legitimate information and shall not use the Website for any other purposes, including but without limitation to, the entering of any false or fraudulent information. You may only use the Website if you are an adult major (over 18 years of age) and therefore it is important to know that minors may not make use of the Website. The Website and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Please note further that deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the Website and/or the materials contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws.
2.2 Our Rights
modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
Change these Terms from time to time with or without notice to you, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change.
We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation should your use of any part of the Website be affected in anyway and/or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
2.4 Third Party Links
In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and further accept that we do not endorse and are not responsible or liable in any way whatsoever, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including but without limitation to, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us and you assume all risk with respect to its use.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, AND/ OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NEITHER US, NOR OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, OR OUR SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
You hereby unconditionally and irrevocably indemnify us, our affiliated companies, its officers, agents, directors and employees and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us for infringement of any right, whether the claim or action arises from delict or contract, or any infringement of whatsoever nature, arising out of or pursuant to the exercise by you of your rights or the fulfillment or breach by you of any of you obligations under these Terms or any other requirements that we may impose from time to time, including, without limitation, all loss, damages, claims and/or costs suffered or incurred by us or instituted against us as a direct or indirect result of your use of the Website, and such indemnity shall extend to the reasonable costs that may be incurred by us in defending any action instituted against us.
Your use of the Website and/or your customer profile is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. We do not accept liability that may arise in connection with the uploading, reproduction, display, use, distribution or sharing by you of your customer profile.
We, our affiliates, shareholders, directors, agents, consultants or employees shall not be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the access to and/or use of, or the inability to access or use, the Website, any personalised item and/or any linked website, the content thereof, any functionality thereof or information contained therein, even if we know or should reasonably have known or are expressly advised thereof.
5.1 License – We grant you a limited license to access the Website. This license does not permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
5.2 Terms and policy updates – Please note it is Your responsibility to check the Website regularly to determine whether any changes have been made to the Terms and your continued use of the Website will be deemed your acceptance of the Terms.
5.3 Submission of personal information – Through the use of the Website you acknowledge and agree that you submit all and/or any of tour personal information willingly on our Website and for the use of such information by us as provided for in accordance with these Terms.