- PREAMBLE
- Whereas the User is desirous to participate, view, access and/or use the FIA Market Intelligence Tool (FIA MIT)
- The purpose of this document is to outline the terms and conditions of such participation.
- DEFINITIONS AND INTERPRETATION
- “Clicking Accept” means the action of accepting these terms by clicking on the button marked “accept”;
- “Data Source” means where the data on the FIA MIT is sourced from. The current data on the system is sourced from KPMG, GCR and OSTI.
- “ECTA” means the Electronic Communications and Transactions Act, Act 25 of 2002, as amended;
- “Framing” means the juxtaposition of two separate web pages within the same page, usually with a separate frame with navigational elements;
- The “FIA” means The Financial Intermediaries Association of Southern Africa NPC, a company that is registered as a non-profit company in accordance with the South African legislation under registration number 1999/002724/08 and FIA Service (Pty) Ltd, a private company registered in accordance with South African legislation under registration number 2023/228530/07, both with theirits registered office and principal place of business at Corporate Corner Unit 9, Marco Polo St, Highveld, Centurion, 0157;
- “The GCR Annual Report” means the annual report published by Global Credit Ratings (“GCR”), an organisation providing source data to the FIA MIT related to credit ratings of insurers;
- “KPMG report” refers to the annual KPMG Financial Data on Insurers, a report which is issued by KPMG and used as a data source for the FIA MIT;
- “Linking” means the process of getting other websites to link back to the Site;
- “The OSTI Annual Report” means the annual report issued by the Ombudsman for Short-Term Insurance (“OSTI”) which is used as a data source for the FIA MIT;
- “Registered User” means a User whose Membership fees or Subscriptions are paid up to date and has been granted access to the restricted parts of the Site;
- “Site” means the FIA’s Market Intelligence Tool website with domain name and URL www.mit@fia.org.za;
- “Spiders and Crawlers” means a program or automated script which browses the world wide web in a methodical, automated manner;
- “Subscriptions” means those fees that will be payable by non-members of the FIA;
- “Time bombs” means a type of malware that has been programmed to start or stop functioning at a predetermined date, time or event;
- “Trojan horse” means a type of malicious code or software that looks legitimate but can take control of a device, computer and/or network;
- “User” means any person, natural or juristic, accessing, viewing and / or using the Site, which may include a Registered User;
- “Website User Terms” or “these Terms” means these Website User Terms and Conditions;
- “Worms” refer to a computer worm, which is a type of malware that spreads copies of itself from computer to computer. A worm can replicate itself without any human interaction, and it does not need to attach itself to a software program in order to cause damage.
- In these Terms, any reference to:
- the singular includes the plural and vice versa;
- any one gender includes the other genders, as the case may be;
- an act, regulation or other law is to the version of that law in force at the effective date of these Terms and includes any amendment or re-enactment made to that law after the effective date of these Terms;
- A requirement that any notice, request, demand or other communication made in terms of these Terms or any applicable law, must be in writing, will be met if it is in the form of a data message as defined in the ECTA and is accessible in a manner usable for subsequent reference. The User agrees that their chosen domicile will be as per their indicated email address.
- These Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
- DISCLAIMER
- The Site is a tool that allows the User to obtain information regarding third parties. As such, the information contained herein is of a market segmented nature. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. Users must make their own assessments and interpretations based on the information which is made available on the Site or contact an appropriate expert.
- The User acknowledges and agrees that no content published on the Site constitutes a recommendation that any particular organisation or company is suitable for the User or any other specific person. The User further understands that neither the FIA nor any of the information providers, their affiliates nor any third parties will advise the User personally concerning the nature, potential, advisability, value or suitability of any particular organisation, company, or other matter.
- The content and material available on the Site is for information purposes only and is not intended to address the User’s specific requirements, but rather to assist in the User’s own assessment based on the available data. In particular, the content and material available on the Site does not constitute any form of advice or recommendation by the FIA and should consequently not be regarded as an offer, solicitation, invitation or recommendation to buy or sell or use any other financial services or entice to engage with any specific financial services provider, and is not intended to be relied upon by the User in making (or refraining from making) any specific business, investment, finance or other decisions.
- The User acknowledges and agrees that prices, descriptions and other financial data made available on the Site is compiled from third party sources believed to be reliable. Notwithstanding this, the User acknowledges and agrees that the calculations, profiles and data available on the Site are made using such third-party data, and that neither such data nor such calculations are guaranteed by these sources, by the FIA, or by the information providers or any other person or entity and may not be complete or accurate.
- Nothing included in the Site constitutes any advice or recommendation or solicitation for any User to engage with any one Insurer or other product above another. Any such decision or interpretation is made by a User entirely of their own volition.
- The FIA acknowledges that the data contained on the Site is derived from the Data Sources. The information is combined, collated and transformed by the FIA to create the tools provided to the Users on the Site.
- USER’S ELIGIBILTY AND REGISTARTION
- In order to access the Site, the User, if a natural person, must be eighteen (18) years or older and the User warrants, represents and undertakes that the User possess the experience, knowledge and ability to access and use the Site in accordance with these Terms.
- In order to access the services and certain restricted parts of the Site the User is required to register as a User and may be subject to fees being levied on such usage of the Site.
- In order to become a Registered User, the User will be required to follow a sign-up process.
- The User will be required to submit some basic details about themselves (including the User’s name and email address) and shall be prompted to choose a unique username and password, and may be asked to provide answers to certain security questions. These are the methods used to identify the User and it is the User’s responsibility to keep this information secure at all times.
- The User will be required to submit detailed information about either themselves or the business the User represents, as applicable. Applications to become a Registered User on the Site will be subject to an approval process and a User may be accepted or rejected by the FIA in its sole discretion.
- The User warrants, represents and undertakes that the information the User provides about themselves during the registration process is accurate, current and complete.
- Each time the User logs into the Site the User will need to enter their username and password and the User may be required to answer one or more security questions. The User’s username and password are unique to the User and are not transferable.
- The User is responsible for all information and activity on the Site by anyone using the User’s username and password. Accordingly, the User must take steps to protect the confidentiality of their username and password and the User must notify the FIA immediately if the User becomes aware of any disclosure, loss, theft or unauthorised use of same. Notwithstanding the above, the User:
- May not transfer or resell their username or password to any third party; and
- Agrees to notify the FIA at mit@FIA.org.za if the User becomes aware of any possible unauthorised use(s) of the user’s username or password or any possible breach of security, including loss, theft, or unauthorised disclosure of the User’s username or password.
- If the User authorises anyone, including an employee, sub-contractor or agent, to use their login details, the User will be responsible for their activity on the Site. The FIA reserves the right not to act on the User’s instructions where it is suspected that the person logged into the User’s account is not the User or on suspicion of illegal or fraudulent activity or unauthorised use.
- USER’S RESPONSIBILITIES
- The User must critically review and assess any information and material on the Site before relying upon it. The information and material on the Site are not substitutes for the exercise of professional judgement. If the User is not qualified and/or experienced enough to make that judgement, the User should seek professional advice or contact the relevant information owner or provider for further information and advice.
- The User is responsible for ensuring that their computer systems are suitable to access and use the Site. The User is responsible for implementing sufficient anti-virus and other cyber security checks to ensure the accuracy of data input and output.
- If the User finds any inaccurate, out of date or incomplete information or material on the Site, or if the User suspects that something is an infringement of intellectual property rights, the User must inform the FIA immediately in order that the FIA may advise the owner or provider of the information to which the issue relates.
- The User understands and agrees that third parties provide statistical and outdated information to the FIA which is then collated and repackaged for consumption by the Registered Users.
- PURPOSE
- The information on the Site may be used for non-commercial purposes, subject to any specific terms of use that might appear with such information, provided that the use of such information is accompanied by an acknowledgement that the FIA is the source, together with the reports from KPMG, GRC and the OSTI. If a User chooses to access and use any of the information made available on the Site, the User does so subject to these Website User Terms and any specific terms that the owner or provider of that information has imposed on its use.
- The FIA grants the User a limited, revocable license to use the Site subject to the Website User Terms. The license is a personal, non-transferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, the FIA does not grant the User any other rights or license with respect to the Site or any information that may be published on the Site.
- A User may use the Site after their own critical assessment and expert interpretation of the data, for their own commercial purposes only. No User may provide any information from the Site to a third party unless the FIA has granted the User permission in advance and in writing. Any User wishing to use the Site contrary to the Website User Terms must obtain the FIA’s prior written consent.
- INTELECTUAL PROPERTY
- Unless otherwise stated, all rights, titles, interest, and ownership including but not limited to all rights under copyright, patent, and other intellectual property laws in, to or of the Site are the sole property of or will vest in the FIA or a third-party licensor.
- The FIA’s logo and sub-logos, marks, and trade names are the trademarks of the FIA, and no person may use them without permission.
- Any other trademark or trade name that may appear on the Site or other marketing material of the FIA is the property of its respective owner.
- CONFLICT OF INTEREST
- The Site may be funded for FIA members through the FIA. This funding may be augmented through the sales of advertisements placed on the Site. The User acknowledges and agrees that no transactions are induced by the Site. The FIA, any affiliated company, officers, employees or some other person connected with the FIA may have an interest, relationship or arrangement that is material in relation to a subsequent transaction the User enters into and which could give rise to a conflict of interest.
- The User agrees that the FIA shall not be required to disclose any such conflict of interest to the User and that there will be no obligation for the FIA to account to the User for any such interest, relationship or arrangement, unless required by the applicable law.
- The services provided via the Site are unbiased and provided independently and with no regard to any such interest, relationship or arrangement.
- ADVERTISING
- The FIA may sell advertising opportunities to third parties on the Site.
- The User agrees that such advertising is paid for by the third party and the FIA does not, by exchanging advertising space for a fee, endorse any products by such advertiser.
- No advertisement shall be interpreted by any User as a promotion of any specific product, service, or Insurer by the FIA.
- SITE AVAILIBILITY
- As electronic services are subject to interruption or breakdown, access to the Site is offered on an “as is” and “as available” basis only.
- The FIA reserves the right to limit the availability of the Site to any person, geographic area or jurisdiction it so desires and/or to terminate the User’s access to and use of the Site, at any time and in their sole discretion.
- The FIA may, at its sole discretion, impose limits or restrictions on the use the User may make of the Site. Further, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to any breach of these or other applicable Terms and Conditions, the FIA may withdraw the Site or the User’s access to the Site, or suspend such access, at any time and without notice to a User.
- The FIA may, in its absolute discretion, remove, screen or edit, without notice, any content posted or stored on the Site at any time and for any reason, and the User is solely responsible for creating backup copies of and replacing any content the User may require or that the User posts or stores on the Site at the User’s sole cost and expense.
- LIMITATIONS
- The FIA makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of any information.
- Hyperlinks to other websites are provided for convenience only, and imply neither responsibility for, nor approval of, the information contained in those other websites on the part of the FIA. The FIA makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks.
- While the FIA makes every effort to ensure that any executable material available to be downloaded from the FIA’s website is free of any virus, it cannot guarantee that the material is free from any or all viruses. Any such downloads are consequently at the risk of the User.
- The FIA shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by the User as a result of accessing this Site, utilising any service offered on this Site or relying on any information contained on this Site for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
- errors or discrepancies in the information provided;
- any unauthorised access or amendment of this Site by third parties;
- any breakdown or failure of any equipment or medium of access to this Site;
- any failure or unavailability of this Site or any third parties’ facilities or
- systems resulting in the inability to access this Site or process any transaction referred to or offered on this Site;
- the destruction or accessing of your data or equipment, or the data or equipment belonging to any third party used by you to access the site;
- or any alteration, modification, upgrade or update of this technology, hardware, or software modification that may form part of this Site.
- PROHIBITED ACTIVITIES
- Framing: No person, business, or website may frame the Site or any of the pages on the Site, or use any other Framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the Site;
- Framing is distinctly different from a backup or copies in that the backup or copies referred to above refers to such backup or copy for the User’s personal reference, whereas Framing is an activity which is used to induce the actions of others.
- Linking: The FIA prohibits Linking to any other pages in a manner that would incorrectly suggest endorsement or support of the FIA or suggests the User is the owner of any intellectual property belonging to the FIA.
- Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise, to this Site or any subsidiary pages before receiving the FIA’s prior written approval.
- Spiders and Crawlers: No person, business, or site may use any technology (including spiders or crawlers) to search and gain any information from the Site.
- The User specifically may not:
- Copy, reproduce, upload, post, display, republish, distribute, transmit any part of the content in any form whatsoever;
- Modify, translate into any language or computer language, or create derivative works from any content or any part of the Site;
- Reverse engineer any part of the Site;
- Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
- Disguise the information transmitted through the Site;
- Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties;
- Use or access the site in any way that, in the FIA’s reasonable judgement, adversely affects the performance or function of the website, or any other computer systems or networks used by the FIA’s other Site Users;
- Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, Worms, Time Bombs, or other computer programming routines or malware that may damage, interfere or attempt to interfere with, intercept the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on the FIA computer equipment, or that infringes upon the rights of a third party;
- Use any device, software, malware or routine that interferes, or attempts to interfere, with the normal operation of the Site or take any action that imposes an unreasonable load on the FIA equipment; or
- Disguise the origin of the information transmitted through the Site.
- Framing: No person, business, or website may frame the Site or any of the pages on the Site, or use any other Framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the Site;
- CONFIDENTIALITY
- The User undertakes that the User shall not at any time after the User has been provided a unique username by the FIA, divulge or communicate to any person (except to professional representatives or advisers or as may be required by law or any legal or regulatory authority) any confidential information, and will use their best endeavours to prevent the unauthorised publication or disclosure of any confidential information. Confidential information for the purposes of this clause shall include all information in whatsoever form (including in visual, oral or electronic form) relating to the FIA or any of the information so displayed on the Site which is not available publicly and so obtained through their participation on the Site.
- INDEMNITY
- All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by the FIA and the information owners and providers.
- The FIA assumes no liability or responsibility for any errors or omissions in the content of the Site and further disclaims any liability of any nature for any loss howsoever arising in connection with using the Site or any content contained therein.
- The FIA will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from the User’s use of the Site or any information or material on it, or the User’s inability to use it (whether that loss is direct or indirect).
- The FIA carries no vicarious liability towards any User whatsoever and is not responsible for any loss or damage howsoever caused by any executable material and potentially malicious code contained therein.
- Information transmitted via the Site will pass over public telecommunications networks. The FIA accepts no liability if communications sent via the Site are intercepted by third parties, delayed, or incorrectly delivered or not delivered.
- If the use of any information or material on the Site is unlawful in any jurisdiction (because of the User’s nationality, residence or for some other reason), that information or material is not offered or available to such User. If the User is outside the Republic of South Africa, the user must satisfy itself that it is lawfully able to use any such information and materials.
- The FIA accepts no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.
- The FIA is also fully indemnified in terms of any act of God, force majeure, vis major or unforeseen event that could otherwise lead to any legal liability.
- TERMINATION
- A User’s access to the Site, including the User’s log-in details, may either be suspended temporarily or permanently terminated for any or no reason, at any time, with or without notice to the User.
- Any such suspension or termination will be without the FIA incurring any liability to the User, howsoever that liability may arise.
- All restrictions and all disclaimers and exclusions and limitations of the FIA’s liability will continue to apply during suspension and will survive any termination.
- During suspension and after termination, the User must not directly or indirectly access or use the Site.
- GENERAL
- The FIA may perform any of its obligations, and exercise any of the rights granted to it under these Website User Terms, through a third party and as such reserves the right to assign any or all its rights and obligations to any third party.
- If any clause or part of any clause of these Website User Terms is found to be void, unenforceable or invalid, then it will be severed from these Website User Terms, leaving the remainder in full force and effect, provided that the severance has not altered the inherent nature of these Website User Terms.
- No single or partial exercise, or failure or delay in exercising any right, power or remedy shall constitute a waiver thereof by the FIA, or impair or preclude any further exercise of that or any right, power or remedy arising under these Website User Terms or otherwise.
- All disclaimers, indemnities and exclusions in these Website User Terms shall survive termination or expiry of these Website Terms.
- The collection and retention of personal information by the FIA through the Site and through the registration process is subject to the terms of the FIA POPI Policy currently in force and available for review on www.fia.org.za.
- These Website User Terms may be updated by the FIA from time-to-time and, by using the Site, the User agrees to accepting the latest version of these Website User Terms which is so displayed on the Site.
- The FIA may modify, suspend, or discontinue providing the Site (with or without notice) and will not be liable to any party therefor.
- Save as otherwise provided for herein, these Website User Terms together with the documents referred to herein, and any non-contractual obligations arising out of or in connection with them, shall be governed by the laws of the Republic of South Africa. The User irrevocably submits to the exclusive jurisdiction of the South African courts over any claim or matter arising under or in connection with these Website User Terms and the FIA submits to the non-exclusive jurisdiction of the courts of South Africa in connection with the same.
- The User agrees that, at the sole discretion of the FIA, any party wishing to bring a suit against the FIA may be directed to do so in the form of arbitration proceedings, governed by the rules of the Arbitration Foundation of South Africa (“AFSA”). A registered AFSA panellist may be appointed by the FIA to adjudicate such dispute, which finding will be finally binding on the parties.
- The User’s use of the Site in violation of these Terms may result in, among other things, termination or suspension of the User’s rights to use the Site and the FIA may in its sole discretion, report a breach of any such obligation which is also a breach of the applicable law to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Site will cease immediately.
- THE FIA CONTACT
- Should the User have any questions about these Website User Terms, or wish to make contact with the FIA for any reason whatsoever, the User can do so by following the instructions on the Site.
- In the event that the User has a complaint regarding any aspect of the FIA’s service, the User can email the FIA at mit@fia.org.za The FIA will then carry out an impartial review of the complaint with a view to understanding whether the FIA acted fairly and within the FIA’s contractual obligations.