Bi me (Pty) Limited, a company registered in South Africa with registration number 2021/309002/07 (“Bi-me”, “We”, “Us” and “Our”) is an authorised financial services provider, performing “intermediary services” (as defined in the contained in the Financial Advisory and Intermediary Services Act, 2002) and authorised by the Hollard Insurance Company Limited (“Hollard”), (“Discovery”) to sell and administer certain insurance products.
These terms of service (“the Terms”) govern your (“You”, “Your” or “User”) access to and use of the Bi-me website, available at www.bi-me.co.za (“the Website”) and the services associated with Bi-me that are provided by Us (“the Services”) and are binding and enforceable against every person that accesses or uses the Website and/or the Services. By accessing the Website and/or the Services, You are explicitly acknowledging that You have read, understood and agree to be bound by these Terms.
You may request a quotation from Bi-me (a “Quotation”) through the Bi-me website or over the phone. Any quotation generated by Bi-me is based on the information that You provide to Us together with information We secure from other sources and is neither insurance advice nor a contract to extend insurance coverage. You hereby warrant and represent that the information You provide Us with is true, accurate, complete and up-do-date. We reserve the right to contact you if you start a quote
- A binding contract for Insurance cover (the “Insurance Policy”) will only be formed when You accept a Quotation and payment is processed, and will be governed by the terms and conditions of the Insurance Policy.
- The Insurance Policy is a legal contract, under which the insurance provider agrees to provide insurance cover, the terms and conditions of which will be in your schedule and policy wording, as updated from time to time.
- The Insurance Policy incorporates:
- the information You provide to Us when obtaining a Quotation for Bi-me, as well as any updates that You make to this information via the website or through e-mail correspondence with Our helpdesk, but only if you receive confirmation of receipt and the change being applied, or through a call logged with Our telephonic helpdesk; and
- the latest details of Your insurance cover as shown on the website.
- You must read the terms and conditions of the Insurance Policy carefully, as well as the latest details of Your insurance cover as set out on the website. It is Your responsibility to ensure that You understand the scope of Your insurance cover, as well as Your rights and obligations under the Insurance Policy. Bi-me is not a party to, and has no obligations or liability under, the Insurance Policy.
- If You do not comply with these Terms, the terms of the Insurance Policy, or if the information You have provided to Us is or becomes incorrect, incomplete or out of date, it may result in Your claim being rejected or repudiated, and/or the suspension or cancellation of Your Insurance Policy.
- To the extent that there is a conflict between these Terms and the Insurance Policy, the Insurance Policy shall prevail.
You must register for and maintain an active user account (“Account”) in order to access the Services on the website, including:
- receiving a Quotation and/or purchasing insurance cover;
- viewing, updating or amending Your information;
- viewing, updating or amending insurance cover; and/or
- instituting a claim.
- You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date information, including having an invalid or expired payment method on file, may result in Your inability to access the Services and could affect Your Insurance Policy and any claims under it.
- As part of the Services or as prescribed in Your Insurance Policy, You may be required to submit specific content to Us, (“User Content”). In submitting User Content to Us, You grant Us a license to use the User Content as required by Us to provide the Services.
- You agree that we will store data relating to the details of how You used our Website, and data sourced from external parties, and that such data may be used by Us in the provision of the Services.
- You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username and password at all times. If you suspect or become aware that Your Account may be accessed without authorisation or a breach of security has occurred in relation to Your Account, You must notify Us by e-mail immediately by contacting firstname.lastname@example.org. If We believe that any unauthorised access to Your Account has taken or may take place, We may suspend or terminate Your access to Your Account immediately and without prior notice. You agree, however, that Bi-me is entitled to assume that any activity on Your account or changes to your Insurance Policy have been authorised by You.
- You acknowledge that the Bi-me Website is Your primary interface with Bi-me in order to access:
- Your Account;
- The details of insurance cover; and
- Our Services;
- You accordingly agree to use the Website as Your primary interface with Bi-me.
- In the event that the Website is unavailable or You are unable to access the Website for any reason, please contact Us on e-mail for support in respect of the above at email@example.com.
- Certain functions of the Website will require an active Internet connection, whether via a wireless or mobile network. You acknowledge and agree that You are responsible for obtaining the data network access necessary to access and/or use the Website and for all fees associated with such access and/or use.
- You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and/or Services.
- Although We will use all reasonable efforts to ensure that the Website operates in accordance with its specifications, we do not warrant that the Website, or any portion thereof, is compatible with, or will operate with your device or any software and/or hardware that you have on Your device. We make no warranty as to the operation, availability or functionality of the Website. You acknowledge that access to the Services may also be subject to delays and malfunctions inherent in the use of the Internet and electronic communications.
- You acknowledge and agree that the binding version of Your cover under any Insurance Policy is as displayed on the Website at that point in time.
- By using the Website, You agree that all notification and records, including Your Insurance Policy, may be provided to You in electronic form.
- The Website and/or Services are made available solely for bona fide customers and must not be used for any commercial purpose whatsoever, or for any illegal or unauthorised purpose.
- Subject to these Terms and Our policies (including policies made available to you within the Services) We grant You a limited, non-transferable, non-exclusive and revocable license to access and use the Website and/or Services.
- By accessing the Website and/or Services, You agree that You will not (either yourself or through any third party):
- use any technology, robot, spider, screen scraper, data aggregation tool or other automatic device or process (“Automated Process”) to process, monitor, copy or extract any pages on the Website or any of the information, Content or data contained within or accessible through the Website, without Our prior written permission;
- use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;
- use any information on or accessed through the Website for any commercial purpose (including but not limited to market research, the provision of pricing estimates or “shadow shopping”) or otherwise (either directly or indirectly) for profit or gain;
- use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
- reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Website and/or Services;
- copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website without Our prior written permission.
- This license shall automatically and immediately, without notice, terminate if You violate any of the restrictions in the section above. You hereby defend, indemnify and hold harmless Bi-me, our affiliates and our and their respective owners, directors, offices, employees agents and/or licensors from and against all claims, damages, losses, liabilities, costs and expense (including but not limited to legal fees and any costs incurred in identifying a violation of these restrictions) relating or connected to your violation of any of these restrictions.
Ownership and copyright
- The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Content”) are protected by law, including but not limited to copyright and trade mark law. The Content is the property of Bi-me and/or licensors.
- Nothing contained on this Website shall be read in a manner which allows users to acquire any right, title or interest in or to the Website, or the Content thereon.
- Any use, distribution or reproduction of the Content is prohibited unless expressly authorised in terms of these Terms, or otherwise provided for in law.
- Where any of the Content has been licensed to Bi-me or belongs to any third party, Your rights of use may be subject to additional terms and conditions which that licensor or third party imposes from time to time, and You agree to comply with such third party terms and conditions.
Linking to third party websites
The Website may contain links or references to other websites (“Third Party Websites”) which are outside of Our control, including those of advertisers and sponsors. These Terms do not apply to those Third Party Websites, and Bi-me is not responsible for Your use of or access to those Third Party Websites, or the practices and/or privacy policies of those Third Party Websites.
All use of Third Party Websites is entirely at Your own risk and We shall not be responsible for any loss, expense, claim or damages, whether direct, indirect or consequential, arising from Your use of such Third Party Websites or Your reliance on any information contained in or accessed through Third Party Websites.
While We have taken reasonable measures to ensure that the Content is accurate, to the maximum extent permitted by law, the Website and Services are provided on an ‘as is’ basis and You expressly understand and agree that your use of the Website and/or Services is entirely at Your own risk.
To the maximum extent permitted by law, We disclaim all representations and warranties (whether express, implied, arising under statute or otherwise) including any warranties of merchantability and fitness for a particular purpose and non-infringement of title or any third party rights.
Limitation of liability
To the maximum extent permitted by law, We shall not be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation, damages for loss of data) which might arise from Your use of, or reliance upon, the Website and/or Services; or your inability to use the Website and/or Services, and/or unlawful activity on the Website and/or Services, or any linked Third Party Website.
You hereby indemnify Us against any loss, claim or damages which may be suffered by You or any third party arising in any way from Your use of, or reliance on, this Website and/or Services, or any linked third party website.
Availability and termination
We may, in Our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website (in whole or in part) or Your right to access or use the Website, including for scheduled and unscheduled maintenance of the Website. The functionality of the Website and the availability of certain Services through the Website may be impacted by such suspension or termination. However, You may contact Us on e-mail at firstname.lastname@example.org for support.
The above mentioned termination or suspension will not impact the validity of insurance purchased by You prior to such termination or suspension of the Website, which shall continue to be governed by Your Insurance Policy and any other applicable terms and policies associated with such insurance.
Governing law and jurisdiction
These Terms and the relationship between You and Bi-me and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa and the exclusive jurisdiction of the courts of South Africa.
Nothing in this clause 10 or the Terms limit Your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Agreement with Bi-me
By making payment and/or providing your payment details for future payment, You agree that Your insurance policy will start and your business will be covered for the period set out in the policy wording and schedule that you will receive on acceptance of a quote on the Website. You also agree that:
- You have read and fully understand and accept the terms and conditions of the policy, which is available on the quotation provided and on the Website.
- You are buying this policy freely and voluntarily.
- You understand that insurance companies share insurance and claims information with other insurers, industry bodies and credit agencies to reduce fraud. You give Your permission to Bi-me and its partners to process and share personal and claims information for this purpose. (Note that Bi-me and its partners will always safeguard your information and treat it as confidential. Bi-me and its partners will not share your contact information with any other party for marketing purposes.)
- You understand that Bi-me’s partners are members of the South African Credit and Risk Reporting Association (SACCRA). You give Your permission to Bi-me and its partners to submit information about how You pay Your premiums to this Association every month.
- Full name: Bi me (Pty) Ltd.
- Physical Address: 15 Christopherson road, Dunkeld, Johannesburg, 2196
- Phone number: (010) 446 7750
- Email address: email@example.com
Bi-me may change the address set out above from time to time by updating these Terms.
All notices sent in terms of these Terms must be sent either by hand, courier or email for the attention of: Bi me (Pty) Ltd Key Individual and must be in English.
- These Terms apply to all Users, including Users who may be consumers for the purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”) and for the purposes of the Electronic Communications and Transactions Act, 25 of 2002 as they are amended from time to time.
- Bi-me reserves the right to amend, change or modify these Terms from time to time. Changes will be effective upon the posting of the modification to Our Website and Your continued use of the Website and/or Services will be considered acceptance of these changes.
- The headings of the clauses in these Terms are provided for convenience only and will not affect the meaning or interpretation of these Terms.
- Bi-me may cede, assign or otherwise transfer its rights and obligations in terms of these Terms to any third party. Affiliates [and partners] of Bi-me are intended, direct third party beneficiaries of these Terms, and may enforce them against You.
- If any term or condition contained herein is declared invalid, the remaining Terms will remain in full force and effect.
- Bi-me’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by Bi-me in writing.