Terms & Conditions

Updated:

DEFINITIONS

  1. "We", "Our", or "Us" refers to the website located at https://skyinsurance.co.za/.
  2. "Site" refers to the website located at https://skyinsurance.co.za/.
  3. "You", "Your", or "User" refers to any person who uses or accesses the Site or Services.
  4. “the Company” refers to a South African Proprietary Limited company with a registered address in the Western Cape, South Africa.
  5. "Terms of Use" or "Terms" refers to the terms and conditions outlined in this agreement that govern your use of the Site and Services.
  6. "Privacy Policy" refers to the policy that outlines how we collect, use, and protect your personal information.
  7. "Governing Law" refers to the laws of the Republic of South Africa that govern the Terms of Use and any dispute that may arise between you and us.
  8. "Service" or "Services" refers to any service provided by SkyInsurance.co.za through the Site, including but not limited to the directory of insurers and user reviews.
  9. "Directory" refers to the online directory of insurers and information provided by the Site.
  10. "Content" refers to any information, text, graphics, or other materials available on the Site or Services.
  11. "Intellectual Property" refers to any patents, trademarks, copyrights, trade secrets, or other proprietary rights.
  12. "Inappropriate Content" refers to any Content that is harmful, offensive, defamatory, or otherwise inappropriate.
  13. "Third-Party Content" refers to any Content that is provided by a third party, including but not limited to insurer and financial institution information and user reviews.
  14. "Third Party Sites" refers to any third-party websites that are linked to or from the Site.
  15. “User Content" refers to any Content that is submitted by a User, including but not limited to user reviews.
  16. "Personal Information" refers to any information that can be used to identify an individual, including but not limited to name, address, phone number, and email address.
  17. "Prohibited Uses" refers to any use of the Site or Services that is illegal, harmful, or violates the Terms of Use.
  18. "Modification and Suspension of Services" refers to the right of the Site to modify or suspend any Services provided through the Site.
  19. "Infringing Content" refers to any Content that infringes upon the Intellectual Property rights of others.
  20. "Indemnify" refers to the obligation of the User to hold the Company harmless from any claims or damages arising out of their use of the Site or Services.
  21. "Copyright" refers to any original work of authorship that is protected under South African copyright law.
  22. "Compliance with Intellectual Property Laws" refers to the obligation of the User to comply with all applicable laws related to Intellectual Property rights.
  23. "Copyright Infringement" refers to the act of reproducing, distributing, or displaying copyrighted material without permission from the copyright owner.
  24. "General" refers to any miscellaneous provisions or terms not covered by the other clauses in the Terms of Use.
    25. These Terms of Use ("Terms") apply to the use of this Site located at https://skyinsurance.co.za ("Site") by the end-user ("User").

1. BINDING EFFECT

By using the Site or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by the Company from time to time.

2. CHANGES TO THE TERMS OF USE

The Company reserves the right to change these Terms of Use at any time without prior notice, and your continued use of the Site after any such changes constitutes your acceptance of the updated Terms of Use. You agree to review these Terms of Use periodically to ensure your compliance with the most current version. The latest version of the Terms of Use will be posted on the Site, and your continued use of the Site after any changes have been made will constitute your acceptance of those changes.

3. PRIVACY POLICY

The Company respects your privacy and permits you to control the treatment of your personal information. You may access most areas of the Site without providing us with your details and without us recording any of your personal information; however, certain areas of the Site, such as our application form, may require you to provide your details. If you submit your details, you are indicating that you have read our privacy statement and are willing for us to deal with your data as set out in that policy. A complete statement of the Company's current privacy policy can be found by clicking the "privacy" link at the bottom of the page. The Company's privacy policy is expressly incorporated into these Terms of Use by this reference.

4. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of South Africa, without reference to their rules regarding conflicts of law. Any dispute arising out of or related to the use of the Site shall be exclusively brought before the courts of South Africa, and you irrevocably consent to the jurisdiction of such courts.

5. LOCATION RESTRICTION

The Site is controlled and operated by the Company from its offices in the Western Cape, South Africa. The domain of the website is registered in South Africa and the Site is hosted in South Africa. The materials and services provided on the Site are intended for individuals located in South Africa only. The company makes no representation that any of the materials or services on the Site are appropriate or available for use in locations outside of South Africa. By accessing or using the Site from outside of South Africa, you do so at your own risk and are responsible for compliance with any applicable local laws.

6. NO LICENSE

The content on the Site, including text, graphics, images, and other materials, is owned by the Company or by third parties. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo displayed on the Site, without the express written permission of the Company or the third-party owner of the trademark, service mark, or logo. Unauthorised use of any trademark, service mark, or logo displayed on the Site is strictly prohibited and may violate applicable laws, including but not limited to trademark and copyright laws. You acknowledge that the use of any trademarks, service marks, or logos on the Site, except as provided in these Terms of Use, is strictly prohibited, and that you will not use any of these marks or logos in any manner without the prior written consent of Company or the third-party owner of the mark or logo.

7. PROHIBITED USES

You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service.

In addition, you may not use the Site or Service for any illegal or unauthorised purpose, and you agree to comply with all laws, rules, and regulations applicable to your use of the Site and Service. You shall not engage in any conduct that restricts or inhibits any other user from using or enjoying the Site or Service, or that could damage, disable, overburden, or impair the Site or Service or any associated system, network, or equipment.

Any violation of system or network security may subject you to civil and/or criminal liability.

8. LINKS TO THIRD-PARTY WEBSITES

Where we provide hypertext links to third-party internet websites, such links are not an endorsement by us of any products or services in such websites and we have not verified the truth or accuracy of any content of such websites. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use, or availability of such websites.

This Site may also contain material provided by third parties and we accept no responsibility or liability for the accuracy of such material.

You are not permitted to link any other website to this Site without obtaining our prior written consent and where we do provide consent, subject to any conditions that we may impose.

9. THIRD-PARTY CONTENT

The website may link to other websites with information or content from other parties. Although we try to only link to trustworthy parties or systems we are not responsible for any of this other information. If we provide a link to any other information, website, person, or business, it does not mean that we have checked or approve of them.

We do not give any warranty about any other website, software or hardware, including their security or performance. You waive (give up) any claim you may have against us for any loss or damage you may suffer because you connect to any other website.

10. THIRD-PARTY SITES

The Company has no control over, and no liability for any third-party websites or materials. The company includes a number of third-party companies whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these third-party sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content. You are responsible for reviewing the terms of use and privacy policies of any third-party websites you visit.

11. MODIFICATION AND SUSPENSION OF SERVICES

We may modify, suspend or discontinue, temporarily or permanently, the Site or any part of it, without notice. You acknowledge and accept that the Site or any part of it may not be available at all times. The company will not be held responsible or liable for any damages, losses, or expenses incurred as a result of the modification, suspension, or discontinuation of the site or any part of it.

We may change, suspend or close the website temporarily or permanently without giving notice. We may also limit certain services, features or functions, and we may restrict access to all or parts of any service on the website. The company will not be held responsible or liable for any damages, losses, or expenses incurred as a result of the change, suspension, or closure of the website, or the limitation or restriction of any services, features, or functions.

12. SUSPENSION OR TERMINATION OF USE

We reserve the right to suspend or terminate your access to the Site or Service at any time, with or without notice to you, if we believe, in our sole discretion, that you have violated these Terms of Use, or any applicable laws, regulations, or guidelines. In such cases, you agree that we shall not be liable to you or any third party for any termination of your access to the Site or Service.

In addition, we may, at our discretion and without liability, remove or modify any Content or take other corrective action if we believe, in our sole discretion, that such Content violates these Terms of Use or any applicable laws, regulations, or guidelines.

To ensure that we provide a safe and secure experience for you and other users of the Site and Service, we reserve the right to investigate any complaints or alleged violations of these Terms of Use or any applicable laws, regulations, or guidelines. As part of such investigation, we may access your account and records on a case-by-case basis. We will take all reasonable measures to maintain the confidentiality of such investigations, except where required by law.

You agree to cooperate fully with us in any investigation and to provide us with any information or materials we may request in connection therewith. We may disclose any information or materials provided by you or obtained during our investigation to any third party, including law enforcement agencies, regulatory authorities, or other relevant parties, if we believe it is necessary or appropriate to do so.

13. USER CONTENT

You grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

14. USER REVIEWS

You acknowledge that reviews may be provided by users and while we may moderate the reviews, we do not guarantee their accuracy or authenticity, and we are not responsible for any errors or omissions in the reviews or any loss or damage resulting from their use. We reserve the right to remove any reviews that are inappropriate or violate our terms of use, and to take any other appropriate action in relation to user reviews. By submitting a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such review throughout the world in any media. You also represent and warrant that you own or control all rights in and to your review and that the review does not violate any applicable laws or infringe or misappropriate any intellectual property or other rights of any person or entity.

15. INAPPROPRIATE CONTENT

You agree not to make any Content available on the Site that:

  1. is defamatory, libelous, hateful, discriminatory, pornographic, obscene, or otherwise offensive;
  2. promotes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any applicable laws or regulations;
  3. infringes any intellectual property rights or other proprietary rights of any person or entity;
  4. contains any viruses, malware, or other harmful components; or
  5. is a solicitation for goods or services, or advertising or promotion of any kind.

You acknowledge and agree that Company may, in its sole discretion, remove or disable access to any Content that violates this clause, and may take appropriate legal action against you if necessary. You further acknowledge and agree that Company may cooperate with any law enforcement agency or authority in investigating any alleged violation of these Terms of Use or any applicable laws or regulations.

16. DISCLAIMER

While we have taken reasonable measures to ensure that the Content is accurate, to the maximum extent permitted by law, the website and services are provided on an 'as is' basis and you expressly understand and agree that your use of the website and services is entirely at your own risk. To the maximum extent permitted by law, we disclaim all representations and warranties (whether express, implied, arising under statute or otherwise) including any warranties of merchantability and fitness for a particular purpose and non-infringement of title or any third-party rights.

17. DISCLAIMER OF FINANCIAL AND INSURANCE ADVICE

The content on this site is for informational purposes only and should not be construed as investment, legal, tax, or other professional advice. Any decision you make based on information on this site is at your own risk. Before making any insurance, financial, investment or other decision, you should seek professional advice from a licensed financial advisor.

Opinions expressed on this site are those of the writers and do not necessarily reflect the views, opinions, ideas, or services of the third-party companies and sites we refer to. We do not provide any representation, warranty or guarantee as to the accuracy, timeliness, suitability, completeness or availability of any information provided on this site. We are not responsible for any errors or omissions, or for the results obtained from the use of such information.

The information contained on this Site is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Site.

18. LIMITATION OF LIABILITY

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation, damages for loss of data) which might arise from your use of, or reliance upon, the website and services; or your inability to use the website and services, and/or unlawful activity on the website and services, or any linked third-party website. You hereby indemnify us against any loss, claim or damages which may be suffered by you or any third party arising in any way from your use of, or reliance on, this website and services, or any linked third-party website. Our liability to you is limited to the maximum extent permitted by law. In no event shall we be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the website or any other materials or services provided to you by us. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

19. INDEMNITY

As a user of our site, you agree to indemnify and hold harmless Company and its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) that may arise from your use of the site. This includes but is not limited to, claims of infringement upon any intellectual property or other right of any person or entity, violations of these Terms of Use, and any actions or omissions that result in harm to any third party. You agree to take full responsibility for any such claims and to cooperate with Company in its defence against any such claims.

20. COPYRIGHT

All content on this Site is protected by copyright laws in South Africa and internationally. The Company retains all rights to the intellectual property on the Site, including but not limited to all text, graphics, logos, images, and software. The copying, redistribution, use or publication by you of any such content or any part of the Site is strictly prohibited, except as allowed by fair use or other applicable laws.

You may view, download and print materials from the Site for your personal, non-commercial use, provided that you keep intact all copyright and proprietary notices. Any other use of the Site's content, including but not limited to reproduction, modification, distribution, transmission, republication or display for any other purposes, without the prior written permission of the Company, is strictly prohibited.

All rights not expressly granted in these Terms are reserved by the Company.

21. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others as provided by the laws of the Republic of South Africa. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property as provided by the laws of the Republic of South Africa. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights as provided by the laws of the Republic of South Africa. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

22. COPYRIGHT INFRINGEMENT

The Company takes copyright infringement seriously and has procedures in place to handle allegations of such infringement on the Site or with the Service, in accordance with South African copyright laws.

If you believe that your copyright has been infringed upon while using the Site or Service, please contact us and provide the following information:

  1. Identification of the copyrighted work that you claim has been infringed upon;
  2. Identification of the material on the Site or Service that you claim is infringing, with enough detail so that we may locate it on the Site or Service;
  3. Your address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Upon receipt of a proper notice of copyright infringement, we will promptly investigate the claim and, if deemed valid, remove or disable access to the allegedly infringing material. We retain our right to counter-notification, which may involve a court proceeding to determine the validity of the copyright claim.

Please note that any false or misleading statements made in connection with a claim of copyright infringement may result in liability for damages incurred as a result of the removal or disabling of the infringing material.

23. GENERAL

  1. Age Requirement: The site is intended for users who are 18 years of age or older. If you are under the age of 18, you should not use this site.
  2. Cookies Policy: You accept that we use cookies (text files containing small amounts of information which your computer or mobile device downloads when you visit a website) on this Site. For further information about cookies please see our Cookies Policy.
  3. Severability: Each provision contained in these Terms shall be severable from any other provision, and if any part of any provision shall be found to be invalid, illegal or void for any reason, then such finding shall not affect any other part of such provision or any other provision contained in the Terms which shall continue to have full force and effect.
  4. Waiver: Any failure or delay by us enforcing an obligation or exercising a right, under these Terms, does not amount to a waiver of that obligation or right, or any other obligation or right. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  5. Monitoring: We reserve the right to monitor all internet communications, including web and email traffic into and out of our domains for the purposes of security, ensuring compliance with these Terms and detecting fraud and other crimes.
  6. Assignment: You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be null and void. We may assign these Terms or any of our rights or obligations hereunder without your prior written consent.
  7. Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
  8. Third-Party Beneficiaries: These Terms are for the benefit of you and the Company, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
  9. Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  10. Entire Agreement: These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and the Company with respect to the use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to the Site.