Use of Site

EasyWorld authorises you to view and download the materials at this website ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorised use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Limitation of liability

In no event will EasyWorld, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not EasyWorld has been advised of the possibility of such damages. If your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.

User submissions

EasyWorld does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. EasyWorld will have no obligations with respect to the Communications. EasyWorld and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Links to third-party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. EasyWorld has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, EasyWorld does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

Linking to this site

You may create links to this Site from other sites, but only in accordance with the applicable laws.

General

EasyWorld administers this Site from its offices in Milnerton. EasyWorld makes no representation that materials or services at this Site are appropriate or available for use outside South Africa, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside South Africa, you do so on your own initiative and are responsible for compliance with applicable local laws.

EasyWorld may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Disclaimer

The materials (including all software) and services at this site are provided "as is" without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. EasyWorld's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. EasyWorld further does not warrant the accuracy and completeness of the materials, software or services at this Site. EasyWorld may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and EasyWorld makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local EasyWorld business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Terms and Conditions
These are the Terms for EasyWorld. Before you use the service, you must read the Terms carefully. We recommend you print these out. By using the service, you agree to these Terms. If you don't agree then you must not use the service. If you do not understand these terms and conditions, you may call in to our Customer Care centre on
0860 00 00 12 for a simple explanation.

1. Definitions
1.1. "Acceptance Date" means the date on which you accepted the Agreement, be that in writing or by way of electronic medium, for example by clicking "I agree" on a web page or via your mobile phone, or telephonic acceptance;

1.2. "Activation Date" means the date on which we will give you access to and/or enable you to use the Service;

1.3. "Agreement" means the agreement concluded between you and us for the Service;

1.4. "Business Day" means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;

1.5. "Business Hours" means the hours between 08h30 and 17h00 on a Business Day;

1.6. "Credits" are the units of currency after rand value has been converted after purchase;

1.7. "CPA" means the Consumer Protection Act, 2008;

1.8. "ECT Act" means the Electronic Communications and Transactions Act, 2002;

1.9. "Intellectual Property Rights" means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the aforegoing and any names, licenses, know how, trade secrets and data associated with the aforegoing;

1.10. " MSISDN" means the consumer's mobile number ;

1.11. "Juristic Person" means a company or close corporation and includes a body corporate, partnership, association or trust;

1.12. "Network Coverage" means the geographical area within which the service can be accessed and used by you, as determined at the time coverage was established;

1.13. "Network Operator" means a company that owns an electronic communications network, and which makes such network and the electronic communications services conveyed over such network available to other industry players for commercial purposes such as Vodacom, MTN, and Cell C and any other properly licensed service provider.

1.14. "PIN" means the Personal Identity Number allocated to a user of the Service;

1.15. "Service" means the 31912 service made up of downloadable cellular entertainment content, such as ringtones, games, graphics, cellular data through our website, SMS (Short Message Service) services and USSD menus to certain compatible cellular devices;

1.16. " SMS" means short message service;

1.17. "Service Fees" means the fees payable for a Subscription Contract;

1.18. "Subscription Contract" means a contract for a subscription period of either one day, one week, two weeks or one month as selected by you;

1.19. "Terms" means this Agreement and the Privacy Policy;

1.20. "Uncontrollable Event" means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond our reasonable control including the termination or suspension of a service or product provided by a Network Operator, that may result in a delay or a failure to provide any product or service; and

1.21. "USSD" means Unstructured Supplementary Service Data which is a mobile communication technology that is used to send text between a mobile phone and an application program in the network for example to communicate with a service provider's computers;

1.22. "USSD String" is the short coded used starting with * and ending with # provided to a user upon subscription;

1.23. "WAP Push Link" a link guiding a user to a WAP Site;

1.24. "WASP" means a Wireless Application Service Provider;

1.25. "WASPA" means the Wireless Application Service Provider's Association of South Africa;

1.26. "We", "Our" or "Us" means Canton trading 166 166 PTY (LTD);

1.27. "VAT" means Value Added Tax as provided for in the Value Added Tax Act, 1991.

2. Commencement, Duration and Cooling Off

2.1. The Agreement will commence on the Acceptance Date and endure indefinitely until it is cancelled as provided for in this clause 2.

2.2. The Agreement may be terminated by either us or you on one calendar months' notice, which termination will take effect on the first day of the month immediately following the end of the applicable notice period.

2.3. Even if the Agreement has been terminated, in the event that you continue to use the Services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to us as a result of the use of or access to the Service and this Agreement shall be deemed to continue to apply until all amounts due to us have been paid in full.

2.4. To unsubscribe by text message, text "STOP " to 31912 or call 0860 00 00 12 during normal working hours (Mon to Fri 9am - 5pm;) or send an email (including your phone number) to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

2.5. The termination of your subscription will become effective as soon as possible upon receipt of termination request.

2.6. Charges may still appear on your cellular phone bill the following month as your Network Operator bill retrospectively.

2.7. You agree that upon termination of your access to the Service under any provision of these Terms, we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.

2.8. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, we will not refund any of your fees paid to date, except as provided clause 2 of these Terms.

2.9. If the Agreement results from any direct approach to you by us you can cancel the Agreement on written notice to us without reason or penalty within 5 (five) Business Days of –

2.9.1. in the case of services only being provided in terms of the Agreement - the Acceptance Date; and
2.9.2. in the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own – the date of delivery of such goods.
2.9.3. For purposes of clause 3.4.2, goods include any literature, music, photograph, motion picture, game, information, data software, code or other intangible product or any license to use such intangible product.

3. Registration and Access to the Service

3.1. You must be 18 years of age or older to use the Service and you must have the bill payers permission. If you are a parent or guardian and want to restrict access to the Services please contact your cellular Network Operator.

3.2. Your parent or guardian and the bill payer must read and accept these Terms and Privacy Policy before you use the Service.

3.3. You are solely responsible for all payments in respect of the Service charged to your account, irrespective of whether the Service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your account will be deemed to have arisen from (or relate to) your access to and/or use of the Service.

3.4. You agree to cause all persons who use the Services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions

3.5. You must also have a cellular communications subscription with a Network Operator or otherwise have access to a cellular communications network. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a cellular handset or other device that is suitable for use in connection with the Service.

3.6. The use of the Service for any commercial purpose is strictly prohibited.

3.7. Our Services comply with the Consumer Protection Act No. 68 of 2008 and are open to all South African residents, subject to the restrictions indicated in these Terms.

4. Contracts for our Service.

4.1. We will make the service available to you on the Activation Date.

4.2. We will, where relevant, issue a user name and password to you prior to the Activation Date in order to enable you to gain access to and/or use the Service. In such instance, you will not be able to access and/or use the Service without a user name and password.

4.3. You agree that:

4.3.1. you will use your user name and password for your own personal use only;
4.3.2. you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
4.3.3. in the event that your password is compromised, you will immediately notify us and change your password;
4.3.4. You will not, at any time, permit and/or initiate a simultaneous log-in; and
4.3.5. you will not attempt to circumvent our user authentication processes or engage in attempts to access our network where not expressly authorised to do so.

4.4. Access to the Service can be obtained by going to www.oneloyalty.co.za/easyworld.

5. Registration and Registration Data.
5.1. In exchange for your use of the Service you agree to:

5.1.1. provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"); and
5.1.2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times.

5.2. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5.3. Prior to any such withdrawal we will temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 (fourteen) Business Days of the notice such withdrawal will be made permanent.

6. License to Download and Intellectual Property Rights.

6.1. You acknowledge and agree that the content made available for download as part of the Service is owned by us, our affiliates or content providers, and are protected by intellectual property laws. We grant, and you hereby accept, a limited, non–exclusive, non–transferable, revocable license to download and use the content and the Service on a designated compatible cellular device solely for your own personal non–commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the content downloaded except as expressly provided in this Agreement.

6.2. You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any content, data, files and/or information accessed, retrieved or stored by you through your use of any of our the Services.

6.3. We will wholly and exclusively retain all existing Intellectual Property Rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to software used by us, our network infrastructure, e-commerce network infrastructure, business and the provision of the Services.

7. Interruptions or Discontinuation of Service.

7.1. We will use reasonable endeavors to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services "as is" and "as available" and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.

7.2. We will use our best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but cannot always guarantee this.

7.3. We reserve the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by us we will try to notify you of this fact and reimburse any pre–paid fees.

8. Contracts for Products and Services of Third Parties.

8.1. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, we will indicate the products and services as third party content.

8.2. Even though they may be co–branded with our marks, the contracts for products and services provided by third parties are concluded directly between you and the third party. We will not be a party to, or in any way responsible for, any transaction concerning any products or services made available from such third parties or for any content or information presented in connection with any products or services of any third party.

9. Security and Privacy Policy

9.1. We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our network.

9.2. You may not utilize any service in any manner which may compromise the security of our network, or any other network connected to our network, or tamper with a service or such a network in any manner whatsoever.

9.3. We take reasonable steps to secure your payment information.

9.4. We will deal with your personal information in accordance with the provisions of our Privacy Policy which is available on our website and in compliance with all relevant laws.
9.5 Privacy Policy

We are committed to protecting your privacy whenever personal information is requested from you because your privacy is important to us.

Personal information identifies you as an individual rather than a number or name on a list.

Please read this policy to understand how we collect and use information.

Applicability:

This Privacy Policy applies to our website and services only. This statement is not applicable to other related websites or services not specifically included.

Our website may contain links to or from other sites ("linked sites"), including sites maintained by us but which are not governed by this Privacy Policy. Accordingly, we are in no way responsible for the content or the privacy and security policies employed by linked sites or services.

Certain services are linked with those linked sites, some which offer you the option to share with both us and the third party personal data you provide. However, we will not share your personal information with those linked sites unless you make that choice.

What we collect:
You acknowledge that we may collect and process-

  • "personal information"(i.e. information that could be used to contact you, such as full name, postal address, phone number or e–mail address);
  • "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service) subject to the rest of this paragraph in order to operate this site.

Once you choose to register with us and provide us with personal information, it will be used for the purposes of providing you with the requested service and in conformity with the provisions of the Electronic Communications and Transactions Act 25/2002. We respect your privacy and undertake not to sell, rent or lease your personal information to others.

Collection of non-personal information and data:

Certain non-personal information may be collected while you are using our website and content services. This will comprise of data about usage and service operation that is not associated with a specific personal identity. We may collect and use this non-personal information to evaluate how website is being used and may retain same to provide to you or duly authorised representative or to the Wireless Application Service Providers Association when a query against such data usage is requested.
Most non-personal data may be collected via cookies http://www.webopedia.com/TERM/C/cookie.html or other analysis technologies. The website pages normally use cookies for data analysis and potential personalization of the website and services offered.

Why do we collect your personal information?

We need and use your personal information to provide you with the services you request and to help us better understand your needs and interests in the future. Sensitive personal information if collected will only be used if you choose to allow us to do this in terms of your personal preferences options and will be shared only with your express permission.

How and why will we share your information?

Personal data given to us may be transferred across state and country borders for the purposes of data consolidation, storage and simplified customer information management. By using the Service, you consent to any such transfer of information outside of your country.
We may pass on your personal information to your cellular phone service provider to secure collection of fees.
We will not share your personal information with third parties except in responding to your requests for products or services. Your permission will be requested when you submit your information.
We may partner with other organizations who may provide you with the services requested through the website. These partner organisations are required to keep confidential the information received on behalf of us and may not use it for any purpose other than to carry out the services they are performing for us.
We will not share personal information with any other third parties without your permission, unless required by law enforcement action, subpoena, or local law.

How long will we store your information?

Your personal information, financial and demographic information will be deleted no later than six months after termination of your subscription. We may store your information beyond this date if that is required by law or contract.

Your privacy preferences:

We will not use your personal information for a different purpose than the one stated when you provided your data. Examples of unrelated uses include sending communications about updated information, new services and marketing messages. You can, however, choose to receive these types of non-subscription communications by ticking the box when you register.

Data Access, accuracy, amendments, retention and opting out:

We will try to keep your personal information accurate. We will provide you with access to your information on request, including making reasonable efforts to provide you with online access and the opportunity to change your information, if possible. To protect your privacy and security, when doing so we will also take reasonable steps to verify your identity, such as a password and user ID, before granting access to your data.
Upon request, we will:

  • Correct personal information that you state is incorrect; or
  • Permit you to “opt out” of further contact (excepting notification of major changes to the service or as required to provide you with the service requested by requesting same via USSD string provided upon registration or calling into our Call Centre on 0861 11 11 06 or at any time subsequently;
  • Remove you and your personal information provided electronically from our database, thereby cancelling your registration.

Security
We undertake to take all reasonable measures to protect the information you provide us. These measures include, but are not limited to preventing unauthorised access or disclosure, maintaining data accuracy, and ensuring the appropriate use of the information. We have in place reasonable physical and managerial procedures to safeguard the information we collect.

Amendment of this Privacy Policy:

We reserve the right to add to or change the terms of this Privacy Policy in our discretion, without prior notice to you. If we change this Privacy Policy, we will post the new Privacy Policy on this website, and it will become effective from the time of posting. Please visit this Privacy Policy on a regular basis to make sure you have read the latest version and you understand what we do with your information.

10. No Representations, Warranties, Guarantees and Limitation of Liability

10.1. Save to the extent otherwise provided for in this Agreement or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service.

10.2. Without limiting the generality of the provisions of clause 10.3 we shall not be liable for and you will have no claim of whatsoever nature against us as a result of –

10.2.1. the loss of or access to any usernames and passwords which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that you are the person so using or gaining access to any service or account where your username and password is used;
10.2.2. any unavailability of, or interruption in the service due to an Uncontrolled Event;
10.2.3. any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in the Agreement.

10.3. In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, we shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that we are liable to you for any damages, our liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a Service during the immediately preceding subscription Period for the Subscription Contract in respect of which the liability arose.

11. Indemnification

11.1. You hereby unconditionally and irrevocably indemnify us and agree to indemnify and hold us harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred by us as a result of any claim instituted against us by a third party (other than you) as a result of (without limitation):

11.1.1. your use of our Service other than as allowed or prescribed in the Agreement;
11.1.2. any other cause whatsoever relating to the Agreement or the Service to you where you have acted wrongfully or failed to act when you had a duty to so act.

12. Charges

12.1. Service Fees

12.1.1. The Service Fees are R3 per day.
12.1.2. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your cellular Network Operator. Where applicable, the charges can also be paid by using credits, with your credit card, by bank transfer or through your user account. The different payment methods are specified during the order process for the Subscription Contract, subscription period and Service you chose.
12.1.3. We may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.
12.1.4. All Content downloads will be billed irrespective of your mistakes. You will also be charged at the standard bearer rates charged by your Network Operator for all SMS, WAP and USSD interactions.
12.1.5. You will be charged for Service provided to you irrespective of whether or not the content actually reaches your device. If your cellular device is switched off, out of range, or is incompatible, there is a possibility that the message will not reach your cellular device. Although we endeavor to provide the highest level of customer service at all times, we cannot be held responsible for factors beyond our control, which may affect the delivery of the content downloaded.
12.1.6. When downloading cellular content using your cellular device, all Service Fees and charges relating to such downloads will be levied directly against your mobile cellular services account by your Network Operator.
12.1.7. The Service Fees include a certain defined number of credits which entitle you to download, receive or access that defined number of individual downloads of cellular entertainment content for the subscription period until that defined number of credits has been utilised.
12.1.8. The Service Fees fee shall become due irrespective of whether or not you actually download any content during any particular subscription period.
12.1.9. If you download content in excess of the amount allowed by your selected Subscription Contract, then you agree to pay the applicable retail rate for such additional downloads in addition to your Service Fees.
12.1.10. Service Fees will be payable in advance. Additional costs as set out 12.1.8 and 12 .1.9 will be payable in arrears. All payments will be on the same cycle as your subscription period for your Subscription Contract.

12.2. Fee Changes.

12.2.1. All fees, including fees for existing subscription contracts, are subject to change upon notice from us. We will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.

12.3. Late Payments.

12.3.1. Any past due unpaid amount shall bear an annual interest of the prime Interest rate or the highest interest allowed by applicable law, whichever is lower.
12.3.2. To the extent that we incur any additional expenditure relating to the tracing and/or collection of unpaid amounts, those costs shall be for your account to the extent permitted by law.

13. Breach

13.1. Subject to any other provisions set out in these Terms and without prejudice to any of these provisions, should you be in breach of any provision of this Agreement, then we shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith:

13.1.1. afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or
13.1.2. suspend your access to a service;
13.1.3. cancel all agreements concluded between us; or
13.1.4. claim immediate performance and/or payment of all your obligations in terms hereof.

14. Communication, Complaints Handling and Dispute Resolution

14.1. You agree that we may from time to time send you communications regarding (without being limited to) special offers or discounts which we may negotiate for and offer to you, operational changes that may affect the Services and/or new services or products launched. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such communications.

14.2. Complaints must be submitted to us and will be dealt with by us in accordance with the provisions of this clause

14.3. Any payment default by you arising from, or in connection with, the Service provided by us, will be excluded from the provisions of this clause, and we will be entitled to proceed to institute legal action against you.

14.4. Without prejudice to your rights in law, you are required, to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach WASPA [ contact details available at http://www.waspa.org.za/ ] or any other relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 14. 10 below.

14.5. As a registered WASP, we are bound by the rules and regulations and Code of Conduct set by the mobile regulatory authority WASPA. To view the Code of Conduct go to http://www.waspa.org.za/code/codeconduct.html.

14.6. Please direct all complaints to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .zaYour complaint should include the following:

14.6.1. your name and surname; 14.6.2. your cell phone number 14.6.3. the date on which the complaint arose; and 14.6.4. a brief description of what gave rise to the complaint.

14.7. In the event of a billing complaint you should also include the following:

14.7.1. the reason for the dispute;
14.7.2. the amount in dispute; and
14.7.3. supporting information or documentation, if any.

14.8. We will acknowledge receipt of your complaint within 3 (three) working days of receipt thereof.

14.9. We will formally respond with a view to proposing a resolution of your complaint in writing within 7 (seven) working days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.

14.10. You may approach WASPA or any other relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 14.11 below, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by us.

14.11. Any dispute between the parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgment upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

14.12. The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

14.13. The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
15. Miscellaneous Provisions
15.1. Notices and Announcements.

Except as expressly provided otherwise herein, all notices to us shall be in writing and delivered to the following address: Canton trading 166 4 Brug street, Busaf Industrial Park, Triangle farm, Bellville South Africa or PO Box 1119 Capegate 7562 shall serve notices related to this contract by posting them on our web site or by sending them to the postal address or e–mail address you have given to us or as a text message to your cellular phone number.

Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on our web site or sent by e–mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

15.2. Changes of Terms.

We reserve the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our web site together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.

15.3. Other terms, entire agreement.

The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.

15.4. Assignment.

You may not assign or transfer in any other way the contract or any of your contractual rights. We shall have the right to assign our rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favourable to you than those in these Terms. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

15.5. Severability

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

15.6. ECT Act

We are required to make our contact details, its domicilia citandi et executandi and certain other information available to its Subscribers who enter into electronic transactions with us. This information is available below.

15.7. Waiver

Our failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

15.8. Headings.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

15.9. Survival.

In the event this Agreement terminates as provided herein, clauses 3, 6, 7, 10, 11 and 15 of these Terms shall survive such expiration or termination.

15.10. Governing Law and Jurisdiction.

15.10.1. You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by us arising out of this Agreement, provided that we shall be entitled, in our reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause above.
15.10.2. This website may be accessed throughout South Africa and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside South Africa.
15.10.3. If you access our website or Services from outside of the South Africa, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

17. Force Majeure
We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or the mobile cellular or fixed telecommunications networks or connection thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control. Copyright on www.oneloyalty.co.za/easyworld (including but not limited to text, photographs, graphics & software) is owned by or licensed to Canton trading 166 166 PTY (LTD). All rights are hereby reserved by Canton trading 166 PTY (LTD). Users may access content on www.oneloyalty.co.za/easyworld solely for their own personal, non-commercial use. Users may not otherwise download or copy, store in any medium (including any other website), distribute, transmit, re-transmit, modify or show in public any part of www.oneloyalty.co.za/easyworld without the prior written consent of Canton trading 166 PTY (LTD). Disclaimer 1. Content The author reserves the right to waive responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are non-binding & without obligation. Parts of the pages or the complete publication including all offers & information might be extended, changed or partly or completely deleted by the author without separate announcement. 2. Referrals & links The author is not responsible for any content linked or referred to from his pages - unless he has full knowledge of illegal contents & would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailing lists provided on his page. If you receive a link to download a piece of content please note that if you do not download your content within three months the download link will be expired and there will be no refund for the content item. 3. Copyright The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author´s agreement. 4. Privacy policy If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use & payment of all offered services are permitted - if & so far technically possible & reasonable - without specification of any personal data or under specification of anonymous data or an alias. The use of published postal addresses, telephone or fax numbers & email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be penalized. 5. Legal validity of this disclaimer This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

Current Competition: R10, 000 Giveaway

  • The promoter is Canton trading 166 PTY (LTD). PO BOX 1119, Cape Gate, Cape Town, 7562
  • This offer is open to paid up members of EasyWorld.
  • Multiple entries allowed.
  • Entries must be submitted by sms. Free sms' do not apply.
  • Directors, employees, agents of/or consultants to us or the company marketing this competition for us and their immediate family members (parents, children, brothers and sisters), spouse(s), life partners, business partners and associates are excluded from this competition.
  • One winner will receive R10 000.00 in cash.
  • Winner must have a current & valid South African bank account.
  • R10 000 cash will be deposited electronically into the winners' bank account.
  • The promoter will not be held liable for any loss (including without limitation, indirect, consequential or indirect loss), cost or damage, personal injury or death which is suffered (whether or not due to the negligence of any person in connection with entering this promotion or using the prize, except any liability which cannot be excluded by law and if so, that liability is limited to the minimum allowable by law).
  • The offer is not transferable, for sale or re-sale or redeemable for cash and the promoter accepts no responsibility for the changes in prize value.
  • The competition starts on 01 January 2012 and ends on 31 January 2012.
  • This is a game of chance and winning cell phone numbers will be randomly selected at 09h00 AM CAT at the Canton trading 166 head office on 3 February 2012. The Judges decision is final and no negotiations will be entered into.
  • We will call the winners a maximum of three times before selecting a new winner or winners.
  • Should a prize winner not claim the prize within 3 months of the date of notification, the prize will be awarded to the next eligible winner.
  • Entry into this competition indicates acceptance of these rules and regulations
  • Please refer to our terms and conditions http://www.oneloyalty.co.za/easyworld or the information regarding the service promoted.
  • Terms & Conditions and Competition Rules are only provided in English.

Current Accidental Death Cover

  • DEFINITIONS
  • In this policy document, where applicable, words indicating the singular will include the plural and vice versa, and words
  • signifying the masculine gender will include the feminine gender and vice versa. Clause headings and capitals in this
  • policy have been inserted for convenience only, and will not be taken into account in its interpretation.
    • ACCIDENT means a sudden, unexpected, unusual and unplanned event that was not intentional and which results in bodily injury and which was caused solely and directly by violent, external, physical and visible means independently of any other cause. Accidental will bear a corresponding meaning.
    • ACT means the Long-term Insurance Act 52 of 1998, as amended, or any legislation which may replace the Act.
  • iii) a) ADMINISTRATOR means XXXXXXXX (Registration Number XXXXXXXXX), which is a registered Financial Services Provider with FSP No. XXXXX.
    •  
      • b) ADMINISTRATOR shall also mean Policy Holder.
    • AUI means AFRICAN UNITY INSURANCE LIMITED (Registration Number 2003/016142/06), which is a registered Financial Services Provider with FSP No. 8447.
    • COMMENCEMENT DATE means the date as specified in the Schedule on which AUI accepts the risk.
    • ELIGIBLE SUBSCRIBER means any subscriber who has registered as a participant in ...... and who .....
      • and who is eligible for benefits as determined in terms of Clauses 2 and 3 of this policy. ..... (we need to clarify exactly how the members are defined)
  • vii) ENTRY DATE means the 1st of the month following the month in which AUI receives the duly completed electronic register referred to in Clause 6.iv) and accepts the Subscriber for Membership onto the Scheme.
  • viii) EXPIRY DATE means the earlier of:
  • the date of the Member’s voluntary withdrawal/cancellation of his subscription
  • the cancellation or lapse of policy;
  • death
  • ix) INSURED PERSON means the Member.
  • x) MEMBER means any Eligible Subscriber in terms of this policy whose name has been entered on the electronic register referred to in Clause 6.iv). Membership will bear a corresponding meaning.
  • xi) POLICY HOLDER means XXXXXXXXXXXXXXXXX who is the owner of this policy and who places the insured’s benefits with AUI.
  • xii) RECOGNISED MARITAL UNION means:
  • a union recognised as a marital union in accordance with any law or custom, concluded in accordance with customary law or a union recognised under the tenets of any Asiatic religion;
  • a permanent Life Partnership, provided that the ADMINISTRATOR receives satisfactory proof that a permanent Life Partnership has been established
  • xiii) RENEWAL DATE means the date specified in the Schedule at which the premium rates are reviewed.
  • xiv) SPOUSE means the nominated person with whom the Member has entered into a Recognised Marital Union.
  • xv) SUM ASSURED means the benefit payable in accordance with the terms and conditions of this policy.
  • ELIGIBILITY
  • All Eligible Subscribers will be eligible for Membership in terms of this policy.
  • MEMBERSHIP
    • Membership is voluntary for every Eligible Subscriber who is a register member of ....... Membership will only commence after receipt of first premium from the member and once all membership conditions are fulfilled.
    • Commencement of cover may not be back-dated.
      • Membership ceases immediately upon the earlier of:
    •  
      • This policy being discontinued;
      • Premiums not being paid;
      • The death of the Member.
  • BENEFIT CONDITIONS
  • Benefits
  • AUI authorises the ADMINISTRATOR to pay the Sum Assured as per the Schedule, provided the ADMINISTRATOR receives notification and evidence to its satisfaction of the death of an Insured Person from the Claimant.
  • Benefit exclusions
  • AUI will not be liable for a claim if the event causing death was brought about or accelerated directly or indirectly by the following:
  • Active participation in any war, invasion, acts of foreign enemies, hostilities, warlike operations
    •  
      • (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the
      • proportions of or amounting to an uprising, military or usurped power; or
  • The use of nuclear, biological or chemical weapons, or any radioactive contamination, or attacks on
    •  
      • or sabotage of facilities (including, but not limited to, nuclear power plants, reprocessing plants, final repository sites and research reactors) and storage depots, which lead to the release of radioactivity or nuclear, biological or chemical warfare agents, irrespective whether any of the aforesaid has been performed with the specific use of information technology; or
  • Active participation in any act of civil commotion, riot, strike, labour disturbance or disturbance of the
    •  
      • public peace; or
  • Active participation in any act of terrorism. For the purpose of this exclusion an act of terrorism
    •  
      • means an act, including but not limited to, the use of force or violence and/or the threat thereof, by
      • any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological, or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear that has been determined by the appropriate State authority to have been an act of terrorism; or
  • Any intentional contravention of any criminal law, whether legislative or at common-law, by the Member,
    •  
      • or by anyone acting on behalf of the Member or with the Member’s consent, or by any person claiming any benefit under this policy.
  • Suicide or any attempt thereat and any intentionally self-inflicted injury or illness, during the first 24 (twenty four) months from the Commencement of Insurance.

 

  • Territory Covered means:
    • The SADC Region. Any Insured Person ordinarily resident in the SADC region will be covered in terms of this policy.
    • Cover is extended to include a visit lasting less than 4 (four) weeks outside the territory covered.
  • Payment of benefits
  • All benefits will be paid to a nominated Beneficiary or the Spouse or the Member’s estate.
  • CLAIMS
  • No benefit under this policy will be payable in respect of any claim where premiums have not been kept up to date, until the full premium, including any arrears, has been paid to the ADMINISTRATOR.
  • The death of an Insured Person must be reported, in writing, to the ADMINISTRATOR within 180 days of the date of death. The ADMINISTRATOR has the right to make enquiries to ensure that the claim is valid and must be provided with any substantiating evidence it may require, including but not limited to identification documents, death certificates and any other documents for purposes of considering and investigating a claim under the policy. The claimant shall duly complete such forms and give such documents, details and assistance and furnish such proof in relation to any claim as the ADMINISTRATOR at its discretion may require. If proof of age (certified copy of an ID/passport or birth certificate) is not provided at the Date of Commencement of cover, and the ADMINISTRATOR subsequently finds out that the Life Insured's true age when the cover commenced would have excluded him from cover, the amount payable will be limited to a refund of all risk premiums paid for the cover.
      • Documents required may include:
  • The official claim form as required by the ADMINISTRATOR.
  • The original or a certified copy of the original death certificate of the Insured Person.
  • Proof of identity of the Insured Person and / or deceased.
  • Proof of identity of the claimant /beneficiary.
  • Proof of relationship between the Insured Person and / or deceased and the claimant / beneficiary.
  • An official police report in the case of the accidental / unnatural death of the Insured Person.
  • A copy of the BI1663 in the case of unnatural death of the Insured Person.
  • A medical report in the case of stillborn babies, indicating that the pregnancy has reached the 28th (twenty-eighth) week of pregnancy.
  • Any such other documentary proof as may be required by the ADMINISTRATOR.
  • All costs to substantiate a claim are for the Member’s account.
  • No claim will be considered if the required documentation is received more than 180 days after the date of death of an Insured Person and such claim shall be forfeited and become prescribed.
    • If any claim or part thereof under this policy is in any way fraudulent, or if any fraudulent means or devices are used by a Member or anyone acting on the Member ’s behalf to obtain any benefit under this policy, or if any of the events insured against under the policy are occasioned by the intentional conduct of the Member or any person acting on behalf of or with the connivance of the Member , all benefits afforded in terms of this policy in respect of such claim, and premiums paid in respect of such Member shall be forfeited, and the Member’s cover may be voided or cancelled as from the date of the fraudulent conduct, at AUI’s discretion.
  • PREMIUMS
  • Premiums will be due and payable monthly in advance by the Member on or before the first day of the month. Where premiums are not paid to the ADMINISTRATOR by the member within the grace period, this policy will be discontinued on such terms and conditions as may be determined by AUI.
  • The period of grace allowed for payment of premiums shall be 1 (one) month, or such other period as may be agreed between the ADMINISTRATOR and AUI in writing from time to time.
    •  
      • iii) The underlying premium rates and the premiums payable will be determined by AUI at the
      • Commencement Date and will be reviewed at each subsequent Renewal Date, and will be advised to the ADMINISTRATOR in writing. AUI reserves the right to alter the premium rates used to calculate premiums at anytime by giving the ADMINISTRATOR one month’s written notice.
      • iv) The ADMINISTRATOR must ensure that it keeps an up-to-date electronic register of Members on a monthly basis. The register must show for each Insured Person:
      • Title & Full names;
      • Identity number;
      • Date of birth;
      • Gender;
      • e)
      • Geographical location;
      • h) All other information as required by AUI.
  •  
    • If any details or information given to AUI at any time before or during the period of insurance under this policy relating to the occupations of Eligible Subscribers or Members, and on which the premium rate was calculated, were materially incorrect or not duly notified, AUI will be entitled, in its sole and absolute discretion to recalculate the premium rate on the correct information.
  • GENERAL CONDITIONS
  • The proposal, the quotation, this policy and any other material information provided in connection with this policy constitutes the entire policy between AUI and the ADMINISTRATOR.
  • The premiums reflect the underwriting premiums payable to AUI.
  • This is a contract between AUI and the ADMINISTRATOR only, and no action in terms of this contract can be instituted against AUI except by the ADMINISTRATOR.
    •  
      • iv) AUI will not be bound by any alteration to this policy unless such alteration is agreed to in writing by
      • AUI, or a duly authorised representative, and is attached as a signed endorsement to this policy.
      • v) AUI will not be liable to any person in respect of any misrepresentations, errors or omissions contained in the information furnished to it.
      • vi) AUI will not be liable for any damages or loss to any person arising as a direct result of the failure, whether negligently or intentionally, of the ADMINISTRATOR to provide information requested by AUI in order to perform its obligations in terms of this policy.
    • Neither this policy nor the benefits contained herein may be ceded, assigned or pledged as security or otherwise.
    • This policy may be cancelled by the ADMINISTRATOR or AUI by giving one calendar month’s written notice to the other party.
    • In the event of cancellation, this policy shall continue in force during the period of notice in respect of the Members already insured at the time such notice is given and for which premiums have been received.
    • Should AUI become liable at any time to account to any authority for any compulsory charges, taxes, levies or duties on any of its products, services or payments due in terms of this policy, AUI reserves the right to make equitable adjustments to benefits provided for, in its sole and absolute discretion.
    • All notices or communications to be given, sent or made under this policy will be in writing, and in the case of any such notice or communication addressed to the ADMINISTRATOR, should be delivered to the ADMINISTRATOR at the address last notified in writing to AUI. All notices or communications addressed to AUI should be delivered to AUI at its head office.
    • The ADMINISTRATOR shall facilitate the deduction of any amounts due by the Member by way of salary deduction or bank debit order and shall supply AUI with a schedule of payments.
    • By granting extensions of deadlines or allowing non-compliance with any of the requirements of this policy, AUI will not be deemed to have waived any of its rights under this policy, nor will any novation of this policy be deemed to have taken place.
    • AUI will, notwithstanding anything to the contrary contained in this policy, be entitled to do whatever it deems necessary or appropriate to comply with any relevant legislation and/or any rulings by any relevant governmental authority and will advise the ADMINISTRATOR accordingly.
    • A Member shall be entitled to inspect without charge at the offices of the ADMINISTRATOR or AUI a copy of this policy and to make extracts there from.
      • xvi) This policy shall be governed by the laws of the Republic of South Africa whose Courts shall have jurisdiction dispute arising hereunder.
    • SCHEDULE
    • This Schedule shall be read in conjunction with, and forms an integral part of Policy no ___________
    • Issued to the ADMINISTRATOR on the Commencement Date listed hereunder:
      • Scheme xxxxxxxxxxx Voluntary Group Accidental Death Policy
      • ADMINISTRATOR xxxxxxxxxx
      • Effective Date of this Schedule 1 XXXXXXXXXX 2012
      • Commencement Date 1 XXXXXXXXXX 2012
      • Renewal Date 1 XXXXXXXXXX 2012
      • Eligibility All employees who exercised the conversion option
       
      • ACCIDENTAL DEATH
      • In the event of the Death of a Member as a direct result of bodily injury caused by accidental means, an additional benefit will be paid as indicated below:
    • Member
    • R 5 000

VOLUNTARY GROUP ACCIDENTAL
DEATH BENEFIT POLICY

 

AFRICAN UNITY INSURANCE LIMITED
(Registration Number 2003/016142/06)
(Hereinafter referred to as “AUI”)

POLICY NUMBER: _________________

issued to

XXXXXXXXXXXXXX (PTY) LTD
(Registration Number XXXX/XXXXXX/XX)
(Hereinafter referred as the "ADMINISTRATOR")

For

This policy is issued by AUI, following a proposal received from the ADMINISTRATOR, whereby application was made for a policy to be issued and to become effective from 1 XXXXXX 2012 on the following terms and conditions:

AUI agrees to pay the benefits which may become payable in terms of this policy on condition that:
i) The premiums referred to in this policy are paid in the manner prescribed;
ii) All benefits and premiums are payable in terms of South African law and currency;
iii) The ADMINISTRATOR, its intermediaries and the Members comply with the provisions of this policy;
iv) This policy is in force on the date on which the event giving rise to the claim occurs;
v) All applicants to be insured must reside in the SADC region. Where Members are to reside outside of the SADC region for any length of time, AUI should be notified in order to assess the risk.

 

THIS POLICY IS SIGNED AT _____________________ON THIS THE _____ DAY OF _____________ 2012.

 

__________________________________________________________
FOR AND ON BEHALF OF AFRICAN UNITY INSURANCE LIMITED

DEFINITIONS

In this policy document, where applicable, words indicating the singular will include the plural and vice versa, and words signifying the masculine gender will include the feminine gender and vice versa. Clause headings and capitals in this policy have been inserted for convenience only, and will not be taken into account in its interpretation.

i) ACCIDENT means a sudden, unexpected, unusual and unplanned event that was not intentional and which results in bodily injury and which was caused solely and directly by violent, external, physical and visible means independently of any other cause. Accidental will bear a corresponding meaning.

ii) ACT means the Long-term Insurance Act 52 of 1998, as amended, or any legislation which may replace the Act.

iii)
a) ADMINISTRATOR means XXXXXXXX (Registration Number XXXXXXXXX), which is a registered Financial Services Provider with FSP No. XXXXX.
b) ADMINISTRATOR shall also mean Policy Holder.

iv)AUI means AFRICAN UNITY INSURANCE LIMITED (Registration Number 2003/016142/06), which is a registered Financial Services Provider with FSP No. 8447.

v) COMMENCEMENT DATE means the date as specified in the Schedule on which AUI accepts the risk.

vi) ELIGIBLE SUBSCRIBER means any subscriber who has registered as a participant in ...... and who .....
and who is eligible for benefits as determined in terms of Clauses 2 and 3 of this policy. ..... (we need to clarify exactly how the members are defined)

vii) ENTRY DATE means the 1st of the month following the month in which AUI receives the duly completed electronic register referred to in Clause 6.iv) and accepts the Subscriber for Membership onto the Scheme.

viii) EXPIRY DATE means the earlier of:

  • the date of the Member’s voluntary withdrawal/cancellation of his subscription
  • the cancellation or lapse of policy;
  • death

ix) INSURED PERSON means the Member.

x) MEMBER means any Eligible Subscriber in terms of this policy whose name has been entered on the electronic register referred to in Clause 6.iv). Membership will bear a corresponding meaning.

xi) POLICY HOLDER means XXXXXXXXXXXXXXXXX who is the owner of this policy and who places the insured’s benefits with AUI.
xii) RECOGNISED MARITAL UNION means:

  • a union recognised as a marital union in accordance with any law or custom, concluded in accordance with customary law or a union recognised under the tenets of any Asiatic religion;
  • a permanent Life Partnership, provided that the ADMINISTRATOR receives satisfactory proof that a permanent Life Partnership has been established

xiii) RENEWAL DATE means the date specified in the Schedule at which the premium rates are reviewed.

xiv) SPOUSE means the nominated person with whom the Member has entered into a Recognised Marital Union.

xv) SUM ASSURED means the benefit payable in accordance with the terms and conditions of this policy.

2. ELIGIBILITY

All Eligible Subscribers will be eligible for Membership in terms of this policy.

3. MEMBERSHIP

i) Membership is voluntary for every Eligible Subscriber who is a register member of ....... Membership will only commence after receipt of first premium from the member and once all membership conditions are fulfilled.

ii) Commencement of cover may not be back-dated.

iii) Membership ceases immediately upon the earlier of:

a) This policy being discontinued;
b) Premiums not being paid;
c) The death of the Member.

4. BENEFIT CONDITIONS

4.1 Benefits

AUI authorises the ADMINISTRATOR to pay the Sum Assured as per the Schedule, provided the ADMINISTRATOR receives notification and evidence to its satisfaction of the death of an Insured Person from the Claimant.

4.2 Benefit exclusions

AUI will not be liable for a claim if the event causing death was brought about or accelerated directly or indirectly by the following:

  • Active participation in any war, invasion, acts of foreign enemies, hostilities, warlike operations

(whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or

  • The use of nuclear, biological or chemical weapons, or any radioactive contamination, or attacks on or sabotage of facilities (including, but not limited to, nuclear power plants, reprocessing plants, final repository sites and research reactors) and storage depots, which lead to the release of radioactivity or nuclear, biological or chemical warfare agents, irrespective whether any of the aforesaid has been performed with the specific use of information technology; or
  • Active participation in any act of civil commotion, riot, strike, labour disturbance or disturbance of the public peace; or
  • Active participation in any act of terrorism. For the purpose of this exclusion an act of terrorism

means an act, including but not limited to, the use of force or violence and/or the threat thereof, by
any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological, or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear that has been determined by the appropriate State authority to have been an act of terrorism; or

  • Any intentional contravention of any criminal law, whether legislative or at common-law, by the Member, or by anyone acting on behalf of the Member or with the Member’s consent, or by any person claiming any benefit under this policy.
  • Suicide or any attempt thereat and any intentionally self-inflicted injury or illness, during the first 24 (twenty four) months from the Commencement of Insurance.

4.3 Territory Covered means:
i) The SADC Region. Any Insured Person ordinarily resident in the SADC region will be covered in terms of this policy.
ii) Cover is extended to include a visit lasting less than 4 (four) weeks outside the territory covered.

4.4 Payment of benefits

All benefits will be paid to a nominated Beneficiary or the Spouse or the Member’s estate.

5. CLAIMS

  • No benefit under this policy will be payable in respect of any claim where premiums have not been kept up to date, until the full premium, including any arrears, has been paid to the ADMINISTRATOR.
  • The death of an Insured Person must be reported, in writing, to the ADMINISTRATOR within 180 days of the date of death. The ADMINISTRATOR has the right to make enquiries to ensure that the claim is valid and must be provided with any substantiating evidence it may require, including but not limited to identification documents, death certificates and any other documents for purposes of considering and investigating a claim under the policy. The claimant shall duly complete such forms and give such documents, details and assistance and furnish such proof in relation to any claim as the ADMINISTRATOR at its discretion may require. If proof of age (certified copy of an ID/passport or birth certificate) is not provided at the Date of Commencement of cover, and the ADMINISTRATOR subsequently finds out that the Life Insured's true age when the cover commenced would have excluded him from cover, the amount payable will be limited to a refund of all risk premiums paid for the cover.

Documents required may include:

  • The official claim form as required by the ADMINISTRATOR.
  • The original or a certified copy of the original death certificate of the Insured Person.
  • Proof of identity of the Insured Person and / or deceased.
  • Proof of identity of the claimant /beneficiary.
  • Proof of relationship between the Insured Person and / or deceased and the claimant / beneficiary.
  • An official police report in the case of the accidental / unnatural death of the Insured Person.
  • A copy of the BI1663 in the case of unnatural death of the Insured Person.
  • A medical report in the case of stillborn babies, indicating that the pregnancy has reached the 28th (twenty-eighth) week of pregnancy.
  • Any such other documentary proof as may be required by the ADMINISTRATOR.
  • All costs to substantiate a claim are for the Member’s account.
  • No claim will be considered if the required documentation is received more than 180 days after the date of death of an Insured Person and such claim shall be forfeited and become prescribed.

v) If any claim or part thereof under this policy is in any way fraudulent, or if any fraudulent means or devices are used by a Member or anyone acting on the Member ’s behalf to obtain any benefit under this policy, or if any of the events insured against under the policy are occasioned by the intentional conduct of the Member or any person acting on behalf of or with the connivance of the Member , all benefits afforded in terms of this policy in respect of such claim, and premiums paid in respect of such Member shall be forfeited, and the Member’s cover may be voided or cancelled as from the date of the fraudulent conduct, at AUI’s discretion.

6. PREMIUMS

  • Premiums will be due and payable monthly in advance by the Member on or before the first day of the month. Where premiums are not paid to the ADMINISTRATOR by the member within the grace period, this policy will be discontinued on such terms and conditions as may be determined by AUI.
  • The period of grace allowed for payment of premiums shall be 1 (one) month, or such other period as may be agreed between the ADMINISTRATOR and AUI in writing from time to time.

iii) The underlying premium rates and the premiums payable will be determined by AUI at the
Commencement Date and will be reviewed at each subsequent Renewal Date, and will be advised to the ADMINISTRATOR in writing. AUI reserves the right to alter the premium rates used to calculate premiums at anytime by giving the ADMINISTRATOR one month’s written notice.

iv) The ADMINISTRATOR must ensure that it keeps an up-to-date electronic register of Members on a monthly basis. The register must show for each Insured Person:
a) Title & Full names;
b) Identity number;
c) Date of birth;
d) Gender;
e)
f) Geographical location;
h) All other information as required by AUI.

vi) If any details or information given to AUI at any time before or during the period of insurance under this policy relating to the occupations of Eligible Subscribers or Members, and on which the premium rate was calculated, were materially incorrect or not duly notified, AUI will be entitled, in its sole and absolute discretion to recalculate the premium rate on the correct information.

7. GENERAL CONDITIONS

  • The proposal, the quotation, this policy and any other material information provided in connection with this policy constitutes the entire policy between AUI and the ADMINISTRATOR.
  • The premiums reflect the underwriting premiums payable to AUI.
  • This is a contract between AUI and the ADMINISTRATOR only, and no action in terms of this contract can be instituted against AUI except by the ADMINISTRATOR.

iv) AUI will not be bound by any alteration to this policy unless such alteration is agreed to in writing by
AUI, or a duly authorised representative, and is attached as a signed endorsement to this policy.

v) AUI will not be liable to any person in respect of any misrepresentations, errors or omissions contained in the information furnished to it.

vi) AUI will not be liable for any damages or loss to any person arising as a direct result of the failure, whether negligently or intentionally, of the ADMINISTRATOR to provide information requested by AUI in order to perform its obligations in terms of this policy.

vii) Neither this policy nor the benefits contained herein may be ceded, assigned or pledged as security or otherwise.

viii) This policy may be cancelled by the ADMINISTRATOR or AUI by giving one calendar month’s written notice to the other party.

ix) In the event of cancellation, this policy shall continue in force during the period of notice in respect of the Members already insured at the time such notice is given and for which premiums have been received.

x) Should AUI become liable at any time to account to any authority for any compulsory charges, taxes, levies or duties on any of its products, services or payments due in terms of this policy, AUI reserves the right to make equitable adjustments to benefits provided for, in its sole and absolute discretion.

xi) All notices or communications to be given, sent or made under this policy will be in writing, and in the case of any such notice or communication addressed to the ADMINISTRATOR, should be delivered to the ADMINISTRATOR at the address last notified in writing to AUI. All notices or communications addressed to AUI should be delivered to AUI at its head office.

xii) The ADMINISTRATOR shall facilitate the deduction of any amounts due by the Member by way of salary deduction or bank debit order and shall supply AUI with a schedule of payments.

xiii) By granting extensions of deadlines or allowing non-compliance with any of the requirements of this policy, AUI will not be deemed to have waived any of its rights under this policy, nor will any novation of this policy be deemed to have taken place.

xiv) AUI will, notwithstanding anything to the contrary contained in this policy, be entitled to do whatever it deems necessary or appropriate to comply with any relevant legislation and/or any rulings by any relevant governmental authority and will advise the ADMINISTRATOR accordingly.

xv) A Member shall be entitled to inspect without charge at the offices of the ADMINISTRATOR or AUI a copy of this policy and to make extracts there from.

xvi)This policy shall be governed by the laws of the Republic of South Africa whose Courts shall have jurisdiction dispute arising hereunder.

SCHEDULE

This Schedule shall be read in conjunction with, and forms an integral part of Policy no ___________
Issued to the ADMINISTRATOR on the Commencement Date listed hereunder:

Scheme xxxxxxxxxxx Voluntary Group Accidental Death Policy
ADMINISTRATOR xxxxxxxxxx
Effective Date of this Schedule 1 XXXXXXXXXX 2012
Commencement Date 1 XXXXXXXXXX 2012
Renewal Date 1 XXXXXXXXXX 2012
Eligibility All employees who exercised the conversion option

ACCIDENTAL DEATH
In the event of the Death of a Member as a direct result of bodily injury caused by accidental means, an additional benefit will be paid as indicated below:

Member

R 5 000


Total monthly premium per member

R 1.90