Terms and Conditions

Introduction

These terms and conditions govern your use of this facility provided by E-Surance; by using this facility, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this facility.

You must be at least 18 years of age to use this facility. By using this facility and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

Permission to use facility

Unless otherwise stated, E-Surance and/or its licensors own the intellectual property rights in the facility and material displayed on and or provided by the facility and all intellectual property rights are reserved.

Subject to the restrictions set out below and elsewhere in these terms and conditions you may view, download for caching purposes only, and print pages or other content from this facility for your own personal use only as well as use this facility to create, download and print a Will for your own personal use only.

You may not:

republish material from this facility (including republication on another facility);
sell, rent or sub-license material from the facility;
show any material from the facility other than your personal Will created and produced by the facility in public;
reproduce, duplicate, copy or otherwise exploit material on this facility for a commercial purpose;
edit or otherwise modify any material on the facility; or

redistribute material from this facility [except for content specifically and expressly made available for redistribution].

Where content is specifically made available for redistribution, it may only be redistributed within your organization or for personal use as the case may be.

Acceptable use

You may not use this facility in any way that causes, or may cause, damage to the facility or impairment of the availability or accessibility of the facility; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not use this facility to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software.

You may not conduct any systematic or automated data collection activities, including without limitation, scraping, data mining, data extraction and data harvesting on or in relation to this facility without E-Surance’s prior express written consent.

You may not use this facility to transmit or send unsolicited commercial communications.

You may not use this facility for any purposes related to marketing without E-Surance’s prior express written consent.

Restricted access

Access to certain areas of this facility is restricted and E-Surance reserves the right to restrict access to other areas of this facility, or indeed this entire facility, at its sole discretion.

In the event that E-Surance provides you with a User ID and Password to enable you to access restricted areas of this facility or other content or services, you must take all reasonable measures to ensure that the User ID and Password are kept and remain confidential.

If, for any reason, you believe or suspect that your User ID and or Password is no longer secure or confidential or compromised in any way whatsoever you must notify E-Surance immediately

E-Surance may disable your User ID and password in its sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material other than personal information and the content of your personal Will, including without limitation text, images, audio material, video material and audio-visual material, that you submit to this facility for whatever purpose.

By submitting such material to this facility you grant to E-Surance a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to E-Surance the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content may not be illegal or unlawful, may not infringe any third party’s legal rights, and may not be capable of giving rise to legal action whether against you or E-Surance or a third party under any applicable law.

In the event that you do submit content that is illegal, unlawful or infringing on a third party’s legal rights, whether by design or by accident, E-Surance shall be indemnified by you from any action that may result from your submission of such content and you shall be solely liable for the consequences of such a submission.

You may not submit any user content to the facility that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

E-Surance reserves the right to edit or remove any material submitted to this facility, or stored on E-Surance’s servers, or hosted or published on this facility.

Notwithstanding E-Surance rights under these terms and conditions in relation to user content, E-Surance does not undertake to monitor the submission of such content to, or the publication of such content on, this facility.

User Information

In the event that a service or services on this facility require you to disclose or provide personal information and or information pertaining to your personal Will it is understood and agreed that such disclosed information:

Is warranted by you to be true and correct;
Will be used for the purpose for which it is intended only;
Will be kept in strict confidence and will not be disclosed to or shared with any other entity except when required by law to do so in which event you will be notified of the fact that disclosure of such information is required by law; and
Where such information is in the form of an original signed Will such information will only be provided to persons authorised to access such information upon your death including, without limitation, the Master of the High Court of South Africa and the Executor of your estate.

No warranties

This facility is provided “as is” without any representations or warranties, express or implied. E-Surance makes no representations or warranties in relation to this facility or the information, materials and services provided on this facility.

Without prejudice to the generality of the foregoing paragraph, E-Surance does not warrant that:

this facility will be constantly available, or available at all; or
the information on this facility is complete, true, accurate or non-misleading; or
the services provided on this facility are fit for any purpose other than what is intended by such services

Nothing on this facility constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or estate planning matter you should consult an appropriate professional.

With regards to any testamentary writing that is created and/or produced by using this facility E-Surance provides no warranty and or guarantee to the correctness and or usability of the testamentary writing so created or produced and accepts no liability arising from the use of such testamentary writing.

Limitations of liability

E-Surance will not be liable to you whether under the law of contact, the law of delict or otherwise in relation to the services and or contents of, or use of, or otherwise in connection with, this facility for any:

direct loss;
indirect, special or consequential loss; or
business losses including without limitation loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss of or  corruption of information or data.

By using this facility, you agree that the above limitations of liability are reasonable.

If you do not think they are reasonable, you must not use this facility.

Indemnity

You hereby indemnify E-Surance and undertake to keep E-Surance indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by E-Surance to a third party in settlement of a claim or dispute on the advice of E-Surance’s legal advisers) incurred or suffered by E-Surance arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

In the event that you breach these terms and conditions in any way then E-Surance may, without prejudice to its other rights under these terms and conditions, take such action as it deems appropriate to deal with the breach, including, without limitation, suspending your access to the facility, prohibiting you from accessing the facility, blocking computers using your IP address from accessing the facility, contacting your internet service provider to request that they block your access to the facility and/or bringing court proceedings against you.

Variation

E-Surance may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this facility from the date of the publication of the revised terms and conditions on this facility. It remains your responsibility to check this page regularly to ensure that you comply with the current version of these terms and conditions.

Assignment

E-Surance may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted such part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and E-Surance in relation to your use of this facility, and supersede all previous agreements in respect of your use of this facility.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of South Africa, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the Republic of South Africa.