Binding Nature
1. Please note that the use of this web site is subject to the terms and conditions of use set out below. By using this site, the user agrees and is deemed to have agreed to observe all such terms and conditions.
Definitions and interpretation
2. In these terms and conditions, the following terms will have the meanings assigned to them in this clause:
2.1 “agreement” means the binding contract constituted by these terms and conditions, as amended from time to time;
2.2 “consumer” means any person who enters or intends entering into an electronic transaction with this web site as the end-user of the goods or services offered by this web site as contemplated in the Consumer Protection Act, 2008;
2.3 ‘’Consumer Protection Act and/or CPA’’ means the Consumer Protection Act, 2008, as amended from time to time;
2.4 ‘’ECT Act’’ means the Electronic Communications and Transactions Act, 2002, as amended from time to time;
2.5 “intellectual property rights” means all patents, trademarks, service marks, design rights, copyright, trade or business name, know-how, concepts, ideas, methods, procedures, processes, techniques, models, reports, templates, software or any changes or additions thereto (if any) and other similar rights or obligations, whether or not registerable, registered or application for registration thereof has been made in any part of the world;
2.6 “RBS” means Risk Benefit Solutions (Pty) Ltd;
2.7 “user” means any person accessing this web site;
2.8 ‘’user account’’ means a profile created by a user on this web site which can be accessed by a user by inputting their username and password;
2.9 “user generated content” means any content created on and/or uploaded to this web site by a user;
2.10 ‘’username’’ means the unique identifier created by a user to enable this website to identify him or her when he or she wants to access their user account;
2.11 ” web site” means www.rbs.co.za and includes all sub-pages, content, display elements and other components making up the site, but excludes any links to external web sites not associated with the web site owner;
3. In these terms and conditions, unless a contrary intention appears:
3.1 the clause headings have been inserted for purposes of convenience only and will not be taken into consideration in the interpretation of these terms and conditions;
3.2 any reference to:
3.2.1 the singular includes the plural and vice versa,
3.2.2 any gender includes the other genders; and
3.2.3 a natural person includes a juristic person and vice versa;
3.3 the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply to this agreement and the parties waive any rights they have to rely on such rules;
3.4 any reference to “days” means ‘’business days”, which is any day other than a Saturday and a Sunday and/or a public holiday;
3.5 any reference to “business hours” means the hours between 08h00 and 17h00 on any business day;
3.6 the word “include” and “including” means “include without limitation” and “including without limitation”. The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it;
3.7 terms other than those defined in clause 2 will be given their plain English meaning, and those terms, acronyms, and phrases known in the Information Communication and Technology (ICT) industry will be interpreted in accordance with their generally accepted meanings;
Right to use this web site
4. The web site owner grants users of this web site a non-exclusive, non-transferable licence to access and use the web site solely for the user’s private purposes.
5. Where applicable, users agree that all user generated content uploaded to this web site is and remains the sole responsibility of the user. RBS does not control any user generated content uploaded to this web site, but it does retain the right (but not obligation), in its sole and absolute discretion, to remove any user generated content which is unlawful, or which contravenes the acceptable use provisions set out below, or which is the subject of a complaint from a third party.
6. The user grants RBS a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any user generated content submitted to this web site.
7. Users agree that they will not use this web site or any service provided on it to:
7.1 upload, post or otherwise transmit any content that is unlawful or illegal;
7.2 upload, post or otherwise transmit any content that is threatening, harmful, abusive, defamatory, vulgar, obscene or otherwise objectionable;
7.3 upload, post or otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;
7.4 harm or unfairly target minors;
7.5 stalk or harass other users;
7.6 impersonate any person connected to this web site or any service provided on it or otherwise misrepresent their association with any such person;
7.7 take any measures to disguise the origin of any content;
7.8 take any measures to restrict access to any part of the web site, including the use of passwords and hidden pages;
7.9 upload, post or otherwise transmit any content that infringes the intellectual property rights of a third party or which the user is restricted from uploading, posting or otherwise transmitting by operation of law, contract or duty of care;
7.10 use this web site or any service provided on it to engage in any unsolicited, unlawful or unauthorised marketing, advertising or promotional activities, including but not limited to the harvesting of addresses and the sending of unsolicited bulk or commercial communications;
7.11 use this web site to offer services to third parties;
7.12 upload, post or otherwise transmit any content that contains any malicious code which is designed to or will have the effect of disrupting in any way and to any degree the operation of this web site or any service provided on it, and of any software, hardware or telecommunications equipment on which it relies for its operation;
7.13 collect and / or store data on any other user or users;
8. When setting up a user account on this web site or when otherwise submitting personal information to this web site, users agree that:
8.1 they will be irrevocably bound by the terms and conditions applicable to the use of this web site;
8.2 they will provide full and accurate information;
8.3 they will be responsible for checking and updating their information;
8.4 on registration, they will provide a username and password, which may only be used by the user and not used by or shared with any other person.
9. By using this web site, users warrants that:
9.1 they are legally capable of entering into a binding contract; and
9.2 they are at least 18 years old;
9.3 they are resident in the Republic of South Africa, and/or they are accessing this web site from the Republic of South Africa.
Services advertised and accessed via this web site
10. Users should not regard anything contained in this web site as an offer but rather as an invitation to do business.
11. An application form submitted by a user via this web site will be treated as an offer by the user to make use of the services offered by the web site owner.
12. Any application forms submitted by a user via this web site will be deemed to have been received by RBS only when this has been confirmed to the user by RBS. If confirmation is not received within a reasonable time after an application form is submitted, the user should contact the web site owner.
13. Confirmation from RBS does not mean that a transaction has been concluded and merely serves to confirm that the user’s application has been received by RBS.
14. This web site is only intended for use by persons resident in the Republic of South Africa. RBS does not accept orders from persons residing outside of the Republic of South Africa.
15. RBS expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this web site.
16. Users acknowledge and agree that it is their responsibility to familiarise themselves with any content or information contained in this web site on each occasion that they access the web site.
Disclosures required under section 43 of the ECT Act
17. The following information is disclosed in terms of section 43(1) of the ECT Act:
17.1 Web site owner: RBS (Pty) Limited
17.2 Registration number:
17.3 Directors:
17.4 Physical address:
17.5 Postal address:
17.6 Registered office address:
17.7 Telephone number:
17.8 Fax number:
17.9 Contact e-mail address:
17.10 Web site address:
17.11 VAT Number:
18. RBS is a member of (insert details of any self-regulatory or accreditation body which RBS is a member of).
19. RBS is bound by (insert details of any applicable code of conduct).
Disclaimers
20. This entire web site, including text, images, links, downloads and coding, is provided “as is” and “as available”. RBS makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the web site or the information contained in it.
21. Subject to chapter 7 of the ECT Act, RBS, its officers, directors, employees, suppliers, internet service providers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this web site.
22. Subject to chapter 7 of the ECT Act and to the fullest extent possible under any applicable law, RBS disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this web site in any manner.
23. RBS has no control over any third party information, adverts, features or other materials (“Third Party content”) published on this web site or accessible on or from this web site. RBS does not examine or edit any third party content and/or does not act as an agent for any third party content and/or does not act as an agent for any third party in this regard. As such and to the fullest possible extent permissible under law, RBS disclaims any liability whatsoever for any loss or damage arising from the use of any third party content.
24. Users indemnify RBS, its officers, directors, employees, ISP’s, agents, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the users’ direct or indirect use of this web site, third party web sites or any of the service offered through such sites in any way, including but not limited to the provision of content, including any loss or damages arising from any downtime, outage, degradation, interruption in or unavailability of access or use of this web site or any services advertised on this web site.
25. Users agree to defend RBS against any claim made against RBS for which it has been indemnified in terms of Claus 22 (“Indemnified Claim”) and pay any and all costs, damages and expenses (including attorney’s fees on the attorney and own client scale) finally awarded against RBS by a court of competent jurisdiction or as agreed to by the user arising out of such indemnified claim, provided that RBS shall notify the user in in writing as soon as RBS becomes aware of the indemnified claim to enable the user to take steps to contest it, and (п) the user may defend any such claim in its sole discretion, and (ш) RBS shall provide the user, at the user’s expense, with the assistance, information and authority necessary to enable the user to defend such claims.
Receipt of data messages
26. Data messages, including e-mail, SMS and instant messages, sent by users to RBS shall be deemed to be received only when acknowledged or responded to.
27. Data messages sent by RBS to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
28. RBS reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
Monitoring and interception of data messages
29. In order to provide a relevant and secure service, and where required to do so under law, RBS may monitor and/or intercept electronic communications such as e-mail which are sent to this web site, although it does not do so as a general practice. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
30. Where RBS is required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 (“RICA”), any interception of communications shall be strictly carried out in accordance with the requirements of RICA.
31. The user acknowledges that RBS serves merely as a conduit and/or host of user generated content on this web site (if applicable) and RBS has no knowledge of, nor interest in, user generated content hosted or published by it on this web site.
Data protection and security
32. While RBS takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this web site or by destructive data or code that is passed on to the user through the use of this site.
33. The following acts in connection with this web site are expressly prohibited:
33.1 Gaining or attempting to gain unauthorised access to any web page or part of this web site;
33.2 Delivering or attempting to deliver any unauthorised or malicious code or content to this web site; and/or
33.3 Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorised persons.
34. RBS shall pursue the prosecution of and claim compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on or part of this web site.
35. All usernames and passwords allocated to a user are personal to the user and the user shall be liable for any loss or damage sustained by the user, RBS or any third party as a result of any actions by the user or any other person to whom the user has disclosed their username and password.
36. The user authorises RBS to act on any booking request or instruction given by it and/or which purports to have been sent by the user, even if it subsequently transpires that any such booking request or instruction has been fraudulently submitted by another person, unless the user has notified RBS upon becoming aware of any such fraudulent conduct and before RBS has acted on the request or instruction.
37. If any security violations are reasonably believed to have occurred in connection with any user account, RBS will notify a user immediately and take any reasonable steps to suspend the account and/or change the relevant details.
38. The user shall advise RBS immediately should any other person gain access to its username and/or password.
39. RBS employs normal back-up procedures for information entered into and/or used with this web site.
40. In the event of any loss or damage to information entered into and/or used with this web site, RBS will use reasonable commercial efforts to restore the lost or damaged information from the latest back-up of such information maintained by it. RBS shall not be responsible for any loss, destruction, alteration or disclosure of information caused by no fault on its part.
Intellectual property protection
41. All intellectual property rights in all content, images, software, source code, databases and other original material contained in this web site which is not attributed to a third party, is held by or licensed to RBS, who hereby asserts and reserves all such rights, including moral rights.
42. RBS grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content on any machine of which the user is the primary user for personal and non-commercial purposes only.
43. Any use of the content or any other part of this web site must also be accompanied by the following notice: “© RBS Katz Breskal [insert year in which content is copied]. All rights reserved.”
44. If a user believes that this web site in any way infringes a third party’s intellectual property rights, they must notify RBS immediately, specifying the full details of the alleged infringement.
45. Users wishing to use any content for their own commercial purposes may only doing so with the prior written permission of RBS.
Advertising
46. This web site may contain third party advertising. Third party advertisers are responsible for ensuring that advertising material submitted for inclusion in this web site complies with all applicable laws and regulations.
47. RBS accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in third party advertising material.
Hyperlinks, deep links & framing
48. Permission to link to this web site is given by RBS without assumption of any liability. RBS reserves the right to withdraw permission granted to link to this web site at any time and for any reason.
49. Hyperlinks contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to, and RBS disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site.
50. Use of the sites or pages linked to is accordingly exclusively at the risk of the user.
51. The express permission in writing of RBS, which may be subject to conditions, is required before any deep-linking to or framing of this web site, any of its pages and/or any of the content contained on this web site is carried out by any person.
Termination of this agreement
52. RBS reserves the right, in its sole and absolute discretion and without prior notification, to terminate access to this web site and/or to terminate the access rights of any user where, for example and without limitation:
52.1 RBS regards any action or inaction by a user as a breach of these terms and conditions;
52.2 RBS regards any action or inaction by a user as an abuse of this web site or any of the services or content associated with this web site; and
52.3 Where events beyond the reasonable control of RBS, including technical failures, prevent the continuing provision of this web site.
Governing law
53. The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of the Republic of South Africa.
54. This web site is owned, hosted and maintained within the Republic of South Africa.
55. When using this web site and agreeing to these terms and conditions, such use and agreement is deemed to have taken place in Cape Town, South Africa.
56. Users of this web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the ECT Act.
Dispute resolution
57. Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator.
58. The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of ten (10) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party’s requirement of speedy arbitration.
59. Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.
60. The arbitration shall be held in Cape Town at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.
61. The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.
Amendment of these terms and conditions
62. RBS reserves the right, at any time, to amend any of the terms and conditions set out in this agreement without specific notice to the user. An updated version of these terms and conditions of use will be posted on this web site.
63. The user agrees that it is their responsibility to peruse any amended version of these terms and conditions posted on this web site when accessing this web site and before proceeding to use it further.
64. If the user objects to any amendment which is binding on them or which may become binding on them, the user will stop accessing and using this web site.
General
65. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this web site.
66. In the event of any part of these terms and conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this agreement.
67. These terms and conditions of use, as amended from time to time, contain the record of the entire agreement between the user and RBS.
68. Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.