Auto & General Company Insurance Limited Website T’s and C’s
1. WEBSITE LEGAL NOTICE
Please read the following Website Legal Notice carefully as it contains the Terms and Conditions of Usage of the Auto & General Insurance Website, Webpages, Mobisite, or any part thereof (located at www.autogen.co.za) (the “Website”) owned by Auto & General Insurance Ltd as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”). You will be subject to the Website Legal Notice in force at the time that you use the Website. For the avoidance of doubt, the Website Legal Notice available on the Website at the time of each of your website usage sessions shall govern the relevant session.
2. WEBSITE TERMS AND CONDITIONS OF USAGE
The User’s (Your) usage of the online services contained on the Website constitutes your acceptance of the Terms and Conditions of Usage contained below and your arising obligations towards Auto & General Insurance. Auto & General Insurance may amend these Terms and Conditions of Usage at any time by posting the amended Terms and Conditions on the Website. All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent site shall be governed by such amended terms. This agreement was last revised on 30 October 2020. You are advised to regularly check these Terms and Conditions for any amendments or updates.
2.1 Enforceability: These Terms and Conditions shall apply to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
2.2 Usage: Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the Website by you. The Website is not intended for persons under the age of 18, and Auto & General Insurance does not knowingly collect personally identifiable information from users under the age of 18.
2.3 Limited liability: The user understands, acknowledges and agrees that usage of the website and reliance on the website content is at the discretion and risk of the user. Auto & General Insurance, in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to: content, hours of availability and equipment needed for access or use of the website. Auto & General Insurance shall attempt to maintain the availability and accessibility of the website; however, Auto & General Insurance takes no responsibility for, and will not be liable for the website being temporarily unavailable or inaccessible for reasons beyond the control of Auto & General Insurance.
2.4 No Warranty: The Website has not been tailored to any specific individual User’s requirements and is provided to the public as a whole; based thereon the information contained on the Website is provided by Auto & General Insurance and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. Auto & General Insurance makes all reasonable efforts to ensure that all material and information on this Website is correct but cannot represent or guarantee the accuracy thereof. As such, Auto & General Insurance makes no warranties or representations as to the accuracy of the content, information, and materials contained in this Website which are provided to you, as is and as available.
2.5 Indemnification of AUTO & GENERAL INSURANCE: Subject to clause 2.1 above, You agree to defend, indemnify and hold Auto & General Insurance, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, consequential or punitive damages and any reasonable legal and/or accounting fees, resulting from, (i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text, images, video or audio from this Website, and/or (iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
2.6 Unauthorised Use of the Website: The User is permitted to use the Website for legitimate purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Auto & General Insurance or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of Auto & General Insurance or which constitutes advertising of goods or services in the absence of written approval from Auto & General Insurance. Unauthorised use of this Website may give rise to Auto & General Insurance instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
2.7 The caching of the Website shall only be allowed if:
- The purpose of the caching is to make the onward transmission of the content from the Website more efficient;
- The cached content is not modified in any manner whatsoever;
- The cached content is updated at least every 12 (twelve) hours; and
- The cached content is removed or updated when so required by Auto & General Insurance.
2.8 Third Party Website Links: Auto & General Insurance may include or provide links to third party websites on the Internet. Such websites may provide opinions, recommendations, or other information and services from various individuals, sponsors, organisations or companies. In providing such links, Auto & General Insurance does not investigate the content of such information or services and does not endorse, guarantee, warrant, or recommend the accuracy and/or legality of such information or subscribe to any such opinions or recommendations.
2.9 Auto & General Insurance’s Website Links: The Website may also contain links to other distinct websites which are owned and run by Auto & General Insurance or associated companies and contains, for instance, further information on other goods and services of Auto & General Insurance. These links are provided for your convenience and for the purpose of providing additional information. Where applicable, your use of the linked Auto & General Insurance website is governed by the usage terms applicable to that specific website and is not governed by the Terms and Conditions of this Website.
2.10 Use of Forums, and other social media communication platforms: Users may participate in discussions, contribute content to a discussion forum and blog or other social media communication platforms associated with the Website. You agree that the liability for such content rests with You, as the originating User. Auto & General Insurance does not control, monitor nor enforce editorial control over any such content. Auto & General Insurance does, however, retain the right but not the obligation to remove any material from any such forums, blogs, social media platforms which it deems inappropriate, is illegal, of an infringing nature, or is the subject of a complaint.
2.11 Users hereby license Auto & General Insurance to publish, use, sub-license, distribute, amend, update and store material posted to the forum, blog or other social media communication platform.
2.12 Auto & General Insurance shall not be liable for any damage, loss, liability and/or harm incurred by any person if such harm to the User or third parties resulting from a User’s posting to such platforms.
2.13 Auto & General Insurance does not necessarily endorse, encourage or agree with comments, opinions, or statements posted on such platforms. Any content posted including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Insurance.
2.14 Users waive all moral rights that may attach to material posted to such platforms.
2.15 Valuation tools, calculators, games and other features: The Website may contain or make available various tools, calculation devices, software programs, games or other similar features which assist you in calculating insurance policy premiums, levels of excess and other indices and information. Auto & General Insurance shall not be liable for any errors or inaccuracies associated with the use or reliance on such tools etc. and it is the sole responsibility of you, the User to review and elect to use or rely on such tools, devices programs, games or other similar features.
3. Applicable Law, Domicilium, Jurisdiction and Arbitration:
3.1 The Website is hosted, controlled and operated from the Republic of South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.
3.2 In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
3.3 Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, with Your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Johannesburg.
3.4 Auto & General Insurance confirms the domicilum citandi et executandi for all purposes associated with the Auto & General Insurance Website, transactions pertaining to the Website, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
- Any notice by any party to Auto & General Insurance which is transmitted by electronic mail and/ or facsimile to Auto & General Insurance at the Auto & General Insurance electronic mail addresses and/or facsimile addresses (as the case may be) shall be presumed, until the contrary is proven by Auto & General Insurance, to have been received by Auto & General Insurance on the date of successful and complete transmission thereof.
- Auto & General Insurance does not receive legal notice or accept the serving of documents attached to legal processes on the Company and/or Trustees by electronic mail.
4. Website Intellectual Property
4.1 This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Auto & General Insurance and/or various third parties and subject to the intellectual property laws of South Africa. Further and to the extent that Auto & General Insurance does not own specific content, or such content falls within the public domain, Auto & General Insurance may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or licence to Auto & General Insurance’s intellectual property or the intellectual property of third parties have been granted to You, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Auto & General Insurance and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
- commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of Auto & General Insurance or in the case of third-party content, the owner of that content;
- claim or convey ownership of Website content either in its entirety or otherwise;
- modify the Website content for the purposes of reposting to other websites;
- alter or remove any trademark, copyright or other notice from the Website content; including proprietary notices contained on any content;
- copy or otherwise incorporate Website content or software into or store in any other website, electronic retrieval system, publication or other work in any form; and/or
- frame the Website or any part of the Website.
5. Unsolicited Commercial Communications
You agree not to collect or use any Personal Information listed on the Website, pertaining to for example, Website users, contributors, members, clients and/or executives or advisors of Auto & General Insurance for the purposes of transmitting and/or in any manner facilitating the transmission of unsolicited commercial communications.
6. Software and Equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.
7. Auto & General Insurance Information & Website Compliance
The following table contains further information on Auto & General Insurance and represents the information that must be provided by Auto & General Insurance to You in compliance with Section 43 of the South African Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 30 October 2020. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
Telephone: 0860 10 6076;
The full name of Auto & General Insurance Company Limited
Auto & General Insurance Company Limited
Auto & General Insurance physical address & telephone number:
1 Telesure Lane
Auto & General Insurance website address & email address:
Membership of any self-regulatory or accreditation bodies to which Auto & General Insurance Company Limited belongs or subscribes
Digital Media and Marketing Association, Advertising Regulatory Board, Financial Sector Conduct Authority, Prudential Authoritity