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Bower Insurance Group

TERMS AND CONDITIONS

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Last Updated: February 2022

 

THESE ARE BOWER INSURANCE GROUP (PTY) LTD’S WEBSITE TERMS AND CONDITIONS (“TERMS”). PLEASE ENSURE THAT YOU READ THEM CAREFULLY BEFORE BROWSING THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE OR OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. ALL SECTIONS OF THE TERMS ARE APPLICABLE TO YOU. 

 

  1. INTRODUCTION

 

These Terms and Conditions (“Terms”) are a legally binding document between you (you/your/user) and Bower Insurance Group (Pty) Ltd which governs and regulates your access to and use of Bower Insurance Group (Pty) Ltd.’s Website. Please read these Terms carefully. 

By accessing our Website or making use of any of our products or services or by clicking a box that states that you have read, understood, accepted these Terms, you agree to be bound by these Terms which shall include any document incorporated by reference herein, including but not limited to our Policy Schedules and Privacy Policy.  

These Terms are valid, binding and enforceable against all persons that access or use the Website.  

 

2. USE OF OUR WEBSITE

 

2.1 UNAUTHORISED USE OF OUR WEBSITE

 

You may not yourself, or through a third party –

 

  • use the Website for harmful, unlawful or illegal purposes, including, without limitation to:

  • impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications

  • enter any false or fraudulent information

  • collect, harvest or otherwise obtain Personal Information, as defined in POPI, relating to other users

  • create, store and/or send unsolicited commercial communications or conduct any fraudulent activity including any “pyramid scheme”, “Ponzi scheme” or “chain letter”

  • upload any information onto the Website save for the personal information as required when registering for our services or subscriptions

  • collect service listings, descriptions or other information displayed on the Website

  • may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent

  • establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”), to the Website or any subsidiary pages

  • remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website;

  • use the Website and/or any personalised item to transfer any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us and/or penetrate or attempt to penetrate the Website’s security measures

  • decompile, disassemble or reverse engineer any portion of the Website

  • write and/or develop any derivative of the Website or any other software program based on the Website

  • adapt, modify or enhance the Website. Should you make any adaptations, modifications or enhancements to the Website in breach of this clause, such changes shall vest exclusively to us and you hereby assign all rights in and to, and waive any and all rights in and to, such changes, which assignment we accept

 

 

2.2 USE OF COOKIES

 

The Website may use Cookie and tracking technology from time to time depending on the features offered. Cookies are small data files that are placed on your computer or mobile device when you visit a Website. Cookies are widely used by Website owners to make their Websites accessible, work more efficiently, provide reporting information and help customize the Website for visitors. Personal information cannot be collected via Cookies and other tracking technology, unless you previously provided personally identifiable 

 

information, Cookies may be tied to such information. By registering with us or providing us with your personal information, you consent to share such information with third parties.

 

 

2.3 THIRD PARTY LINKS

 

Our Website may contain links to other Websites ("third party Websites") owned or operated by parties other than Bower Insurance Group (Pty) Ltd.

Such links are provided for your reference only. Bower Insurance Group (Pty) Ltd does not monitor or control outside third party Websites. We are not responsible or liable for their privacy practices or the content (including misrepresentative or defamatory content). Our inclusion of links to a third party Website does not imply any endorsement of the material on their Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked third party Website.

The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us and you assume all risk with respect to its use.

 

2.4 ELECTRONIC COMMUNICATIONS AND SUBSCRIPTIONS

 

By voluntarily submitting your information onto the Website or online forms, you agree and authorize us to:

  • send your information onto our partners

  • contact you with obligation free quotes for products or services you have requested

  • transmit your information to, and receive information from, risk and credit agencies in order for us to ensure we refer you to our most relevant partners. This may include the collection and transmission of information such as credit information held on your credit profile at the credit bureau

  • assist you with advice, policy changes, claims etc.

  • transmit your information via our servers which may sit in a foreign country; and/or send you communication which shall without limitations include our offerings and services, promotions, special offers, relevant information, Bower Insurance Group related content and the like associated with Bower Insurance Group (Pty) Ltd

 

The forms of communication may include, but is not limited to, electronic mail, mobile communications (SMS or MMS) and telephone calls. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically, satisfy any legal requirements that such communications be in writing.

  1. NO ADVICE

 

Nothing contained on the Website constitutes financial, legal, tax or other advice and is not to be relied on in making any decision. You should obtain professional advice before making a decision based on any information on our Website.

 

  1. INTELLECTUAL PROPERTY

 

Unless otherwise indicated, the Website is our intellectual property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics as well as the trademarks, service marks, and logos contained therein are owned,  controlled or licensed to us, and is protected by South African copyright and trademark laws. 

The Website and its content may not be copied, reproduced, adapted, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, sold, licensed, transmitted, distributed or otherwise exploited for any commercial purpose without our previous written consent. Deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the Website and/or the materials contained on the Website may violate applicable copyright, trademark, intellectual property or other laws. 

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5. USER REPRESENTATIONS

 

By using the Website you represent and warrant that:

  • the personal information provided to us is and shall remain accurate, true and correct

  • you will maintain the accuracy of such information and promptly update such information as necessary

  • you have the legal capacity and agree to comply with these Terms

  • you are not impersonating any person

  • not violating any applicable law regarding use of personal or identification information.

 

Should you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

 

6. WARRANTIES & LIMITATIONS OF LIABILITY

 

The Website is provided on an as-is and as-available basis. You agree that your use of the Website and our services will be at your own risk. To the fullest extent permitted by law, we make no representations or warranties, express or implied.

 

Bower Insurance Group (Pty) Ltd shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside of our reasonable control. While you may have statutory rights, the duration of any such statutory warranties, will be limited to the shortest period to the extent permitted by the applicable law.

We make no warranties or representations about the accuracy or completeness of the Website’s content or the content of any third party links. We will not assume liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage of any nature whatsoever, resulting from your access and use of the Website, any unauthorized access or use of our secure servers and/or any and all personal information and/or financial information stored therein.

 

 

We will not assume liability or responsibility for any interruption or cessation of transmission to and from the Website, any bugs, viruses, trojans horses or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Website. 

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website, any hyperlinked Website or any Website or mobile application featured in any banner or any other form of advertisement, and will not be a party to or in any way responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. 

Our directors, employees or agents shall not be held liable to you or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including loss of profit; revenue data or other damages arising from your use of the Website or our products and services, even if we have been advised of the possibility of such damages. 

 

7. INDEMNIFICATION

 

You hereby unconditionally and irrevocably indemnify us, our affiliated companies, its officers, agents, directors and employees and agree to hold us free from all loss, damages, liability, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us by any third party for the infringement of any right, whether the claim or action arises from delict or contract, or any infringement of whatsoever nature, arising out of or pursuant to the exercise of your rights, use of the Website, breach of these Terms, any breach of your representations and warranties set forth in these Terms, your violation of the rights of a third party, including but not limited to any intellectual property rights, any overt harmful act toward any other user of the Website with whom you connected via the Website. 

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Your use of the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. We do not accept liability that may arise in connection with your uploading, reproduction, display, use, distribution or sharing of our Website.

 

 

8. MONITORING & SECURITY

 

The Website is controlled, operated and administered by us within the Republic of South Africa. We make no representations that the content on the Website is appropriate or available for use outside of South Africa. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws.

We reserve the right in our sole and absolute discretion, to monitor the Website for any violations of these Terms and to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to the appropriate authorities; refuse or restrict access to the Website and otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

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Whilst we have made reasonable efforts to ensure security on our systems, we cannot guarantee that personal information, alternatively any data uploaded onto the Website may not be accessed, disclosed, altered or destroyed therefore we urge you to take adequate precautions to protect your personal data and login details.

You acknowledge that because information is transmitted via the Internet, such information may be susceptible to monitoring and interception. Accordingly, you are discouraged from transmitting to the Website any information that may be viewed as confidential and/or of a sensitive nature and therefore you bear all the risk of transmitting information in this manner. Under no circumstances shall we be liable for any loss, harm, or damage suffered by you as a result thereof.

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We hereby reserve the right to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-office applications. You may not utilise the Website in any manner which may compromise the security of the Website in any manner whatsoever, which shall include without limitation, delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, which is expressly prohibited. These Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute.

 

 

​9. SITE MANAGEMENT & MODIFICATIONS

 

The Website and these Terms are subject to change from time to time without notice to you. It is your responsibility to check the Website regularly to determine whether any changes have been made to these Terms and your continued use of the Website will be deemed as your acceptance of such changes.

 

We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

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We reserve the right to modify and/or replace any of, or the whole of, these Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time you access the Website, you are deemed to have consented, by such access, to the amended or replaced Terms.

You will not be eligible for any compensation should your use of the Website be affected in any way and/or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

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In the event of a dispute as to the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Website shall be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms.

 

10. NOTICES

 

The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of the Terms, the following:

 

Bower Insurance Group (Pty) Ltd: (address) 333 The Nicol, 49 Nicol Road Bedfordview, 2008 (email) info@bowerinsurancegroup.co.za

 

User: The address as provided when registering on the Website

 

Both Parties may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 

 

(seven) days after receipt of notice of change of domicilium.

 

All notices issued according to these Terms will:

  • be given in writing

  • be delivered or sent by email

  • be presumed to have been received on the date of delivery

 

Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

 

11. TERMINATION

 

These Terms shall remain in full force and effect while using the Website. We reserve the right to, without notice or liability, deny you access to and use of the Website, for any reason. We may terminate your use of the Website at any time, without warning. In addition to terminating or suspending your use of the Website, we reserve the right to take appropriate legal action.

 

The expiration or termination of these Terms shall not affect provisions that expressly provide that they shall operate after expiration or termination or which out of necessity must continue to have effect, notwithstanding that the clauses themselves do not expressly provide for this purpose.

 

12. GENERAL

 

These Terms, which includes any document incorporated by reference herein, including but not limited to our Policy Schedules and Privacy Policy constitute the entire agreement between yourself and Bower Insurance Group (Pty) Ltd. 

 

You shall not be entitled to cede, assign, and/or delegate your rights and/or obligations in these Terms to any third party without our prior written consent.

Each provision in these Terms is severable from all others, and if any provision, phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason, the remaining provisions, paragraphs and clauses shall nevertheless continue to be of full force.  In particular, you acknowledge your intention to continue to be bound by these Terms notwithstanding that any provision may be found to be unenforceable, in which event the provision concerned shall be severed from the others, each of which 

 

shall continue to be of full force.

Our failure to enforce any provision in these Terms shall not constitute a waiver of such provision. Further, any consent to depart from these Terms shall be ineffective unless it is confirmed in writing and signed by us.

 

The rights, powers and remedies provided to Bower Insurance Group (Pty) Ltd in these Terms are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of these Terms.

 

You acknowledge and agree that you have not relied on any representations by Bower Insurance Group (Pty) Ltd except those contained in these Terms.

 

The laws of the Republic of South Africa shall apply to these Terms. Any claims, legal proceeding or litigation arising in connection with these Terms shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.

 

Bower Insurance Group (Pty) Ltd may assign or novate any of our rights or obligations under these Terms without your consent. You may not assign or novate any of your rights.

 

13. ABOUT US

Official Company Name: Bower Insurance Group (Pty) Ltd
Website: www.bowerinsurancegroup.co.za 
E-mail:  info@bowerinsurancegroup.co.za
Telephone Number:  087 350 1792

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