Legal

Introduction

Suremarx Insurance Brokers (Pty) Limited, a company registered in South Africa with registration number ___________ (“SIB”, “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 “FAIS”) SIB do not provide You with “advice” as defined in FAIS.

These terms of service (“the Terms”) govern your (“You”, “Your” or “User”) access to and use of the website available at www.suremarx.insure (“the Website”) and the services associated with Suremarx Insurance brokers that are provided by Us (“the Services”) and are binding and enforceable against every person that accesses or uses the Website and/or App and/or the Services. By accessing the Website and/or App and/or the Services, You are explicitly acknowledging that You have read, understood and agree to be bound by these Terms.

Services

Quotations

You may request a quotation for Suremarx Insurance brokers (a “Quotation”) through the Website or App. Any quotation generated by SIB 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-to-date.

Your age

You must be at least 18 years of age to use the Website, App, or any other Services provided by SIB. Should any parent or guardian become aware that their child has provided SIB with personal information through the use of Our Website, App or Services, they should contact us on info@suremarx.insure. We will then act on any instruction from a parent or guardian to delete personal information provided by the child and/or cancel the Insurance Policy.

License

1. The Website and/or App 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.
2. 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 App and/or Services.
3. By accessing the Website and/or App 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 and/or App or any of the information, Content or data contained within or accessible through the Website and/or App, without Our prior written permission;
   • use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Website and/or App with information, content or data accessible via or sourced from any third party;
   • use any information on or accessed through the Website and/or App 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 and/or App 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 and/or App;
   • 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 Services; and
   • copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website and/or App without Our prior written permission.
4. This license shall automatically and immediately, without notice, terminate if You violate any of the restrictions in section 3.3 above. You hereby defend, indemnify and hold harmless SIB, 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

1. The contents of the Website and/or App, 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 and/or App (“Content”) are protected by law, including but not limited to copyright and trade mark law. The Content is the property of SIB and/or licensors.
2. Nothing contained on this Website and/or App shall be read in a manner which allows users to acquire any right, title or interest in or to the Website and/or App, or the Content thereon.
3. Any use, distribution or reproduction of the Content is prohibited unless expressly authorised in terms of these Terms, or otherwise provided for in law.
4. Where any of the Content has been licensed to SIB 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.

Cookies

The Website and App make use of Cookies in order to provide You with relevant content and the best experience possible whilst using the Website and/or App. At any stage during Your use of the Website and/or App You may choose to block the Cookies used by SIB, however this may impact your use or experience of the Website and/or App.

Linking to third party websites

The Website and/ or App 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 SIB 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.

Disclaimer

While We have taken reasonable measures to ensure that the Content is accurate, to the maximum extent permitted by law, the Website, App and Services are provided on an ‘as is’ basis and You expressly understand and agree that your use of the Website and/or App 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 App and/or Services; or your inability to use the Website and/or App and/or Services, and/or unlawful activity on the Website and/or App 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 App 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 and/or App (in whole or in part) or Your right to access or use the Website and/or App, including for scheduled and unscheduled maintenance of the Website and/or App. The functionality of the Website and/or App and the availability of certain Services through the Website and/or App may be impacted by such suspension or termination. However, You may contact Us on e-mail at info@suremarx.insure for support.

The above mentioned termination or suspension will not impact the validity of Suremarx Insurance brokers purchased by You prior to such termination or suspension of the Website and/or App, which shall continue to be governed by Your Insurance Policy and any other applicable terms and policies associated with such Suremarx Insurance brokers.

Privacy

All personal information provided by You to SIB will be processed in accordance with Our privacy policy, available at info@suremarx.insure.

Governing law and jurisdiction

These Terms and the relationship between You and SIB 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.

Notices

SIB information:

• Full name: Suremarx Insurance Brokers (Pty) Ltd.
• Address: 23 Delius St, Vanderbijlpark S. W. 5, Vanderbijlpark, 1911
• Phone number: 016 971 1885
• Email address: info@suremarx.insure

SIB 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 Suremarx Insurance Brokers: Key Individual and must be in English.

General

1. 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.
2. SIB 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/or App and Your continued use of the Website and/or App and/or Services will be considered acceptance of these changes.
3. The headings of the clauses in these Terms are provided for convenience only and will not affect the meaning or interpretation of these Terms.
4. SIB may cede, assign or otherwise transfer its rights and obligations in terms of these Terms to any third party. Affiliates [and partners] of SIB are intended, direct third party beneficiaries of these Terms, and may enforce them against You.
5. If any term or condition contained herein is declared invalid, the remaining Terms will remain in full force and effect.
6. SIB’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 SIB in writing.

Introduction

We, Suremarx Insurance Brokers (Pty) Limited (“SIB” “We”, “Us” and “Our”) and our partners value and respect the importance of protecting personal information.

This privacy policy (“this Policy”) outlines which information We collect when you (“You”, “Your”) access or use Our mobile application (“the App”), the website available at www.suremarx.insure (“the Website”) and the associated insurance products and services provided by Us (“Services”), and how We protect and use that information.

By using and/or accessing the Website and/or App and/or Services You expressly consent to Us collecting and processing the personal information which You provide to Us. Any personal information that You give to Us will be treated as confidential and sensitive information.

Personal information

For the purpose of this Policy, personal information is all information specific to You that is voluntarily provided to Us by You, or otherwise received through, our Website, App, email, helpdesk or any other channel. By providing this information, You consent to SIB storing Your personal information for the purposes of Your Policy.

This information may include, but is not limited to, Your:

• name and surname;
• physical address;
• identity number;
• email address;
• contact number;

We may also collect and process data relating to Your visits to Our Website and/or App including, but not limited to, traffic data, location data, weblogs and other communication data.

You undertake that any information provided to Us by You is complete, accurate and not misleading. You also undertake that should any of this information change, You will take the necessary steps to update it. If You need to update your personal information, You will need to reach out to info@suremarx.insure.

In the event that You are providing Us with the personal information of someone else, You acknowledge that You have their consent to provide Us with such information so that we may use this information in accordance with this Policy.

Disclosure of personal information

We will only disclose personal information to others where it is necessary to conduct Our business or is required by law, or as otherwise agreed with You. The instances when We would disclose the personal information obtained from You include:

• transmitting Your personal information to Our service providers as required to process a quotation for and/or administer the Services;
• obtaining Your information relating to previous insurance from credit bureaus as necessary;
• obtaining or verifying Your information with the National Traffic Information System (eNatis);
• as required by regulatory authorities or to comply with any regulation or legal process;
• where SIB, acting in good faith, is of the view that disclosure is necessary to protect or defend Our rights or property, or those of its partners, clients, agents, employees or third party service providers; or
• where SIB undergoes a change in ownership, for the sole purpose of the new owner being able to continue operating the business

Data storage

Your personal information is provided to Us voluntarily by You, and in doing so You consent to SIB storing this information for the purposes of Your Policy. SIB will ensure that it has in place and continues to maintain appropriate and reasonable precautions and measures in accordance with the requirements of applicable laws to protect Your personal information from being unlawfully accessed or processed by any third party. We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Policy.

All personal information which You provide to SIB will be stored on servers in South Africa or in other locations where it is adequately protected. Should SIB transfer Your personal information from one country to another country, We shall take reasonable and appropriate measures to protect such personal information.

Cookies

The Website and App make use of Cookies in order to provide You with relevant content and the best experience possible whilst using the Website and/or App. At any stage during Your use of the Website and/or App You may choose to block the Cookies used by SIB, however this may impact your use or experience of the Website and/or App.

Advertising

SIB will not sell your personal information to any party, or provide it to any party for their marketing/advertisements.

Your personal information may be used by SIB to provide you with offers for our service which may be relevant to you. At any point you may choose to completely opt out of your information being used for this purpose.

Electronic communications

When You visit the Website and/or App or send emails to Us, You consent to receiving electronic communications from Us in accordance with this Policy. You may, at any point, unsubscribe from electronic communications from SIB.

Revoking consent and/or request deletion of the user’s data

If You request, We will delete or anonymise your personal data so that it no longer identifies You, unless We are legally allowed or required to maintain certain personal data, including situations such as the following:

• If You have an active insurance contract, We have to maintain Your details in order to administer said policy;
• If there is an unresolved issue relating to Your account, such as an outstanding or an unresolved claim or dispute, We will retain the necessary personal data until the issue is resolved;
• Where We are required to retain the personal data for our legal, tax, audit, and accounting obligations, We will retain the necessary personal data for the period required by applicable law; and/or,
• Where necessary for Our legitimate business interests such as fraud prevention or to maintain the security of Our users.

PAIA manual

If You would like access to records of information held by Us, please request access in accordance with Our PAIA Manual.

General

We reserve the right to amend this Policy from time to time and You agree to review the terms of this Policy whenever You visit the Website and/or use the App to check for any such amendments.

Questions, comments and requests regarding this Policy should be addressed to info@suremarx.insure.

Date of last update: 13/11/2023

Introduction

Suremarx Insurance Brokers (“SIB”/”Suremarx”) is a digital platform for automated sale and self-service administration of personal lines short-term insurance.

SIB is an authorised Financial Services Provider (FSP 4086).

Definition of a FAIS complaint

Can be defined as a specific complaint relating to a financial service rendered by a financial services provider or representative to a client on or after the date of commencement of the FAIS Act, and in which complaint it is alleged that the provider or representative –

• has contravened or failed to comply with a provision of the FAIS Act and that as a result thereof the client has suffered or is likely to suffer financial prejudice or damage;

This applies to allegation by a client against Suremarx Insurance Brokers (Pty) Ltd (“Suremarx Insurance Brokers”) that:

• • the features of the product in question were not properly explained at point of sale;
  • the client was not given enough information that would enable him or her to make an informed decision about the financial product;
  • the policy documents were not delivered and received by the client;
  • there’s not enough information with regard to the lodging a claim or premium payment and frequency thereof; or
  • doesn’t recall buying the financial product
  • has wilfully or negligently rendered a financial service to the complainant which has caused prejudice or damage to the complainant or which is likely to result in such prejudice or damage; or

This applies to allegations that Suremarx Insurance Brokers has:

• • provided an incorrect service to the client;
  • acted without the client’s knowledge or consent
  • cancelled a policy without the client’s knowledge/consent;
  • effected any policy change without the client’s knowledge/consent which has caused prejudice to the client.
  • has treated the complainant unfairly;

This applies to allegations that:

• • the client has been pushed from pillar to post without a resolution;
  • representative have been rude towards the client;
  • different staff provided different information when contacted about the same issue on the financial product;
  • the provider promised to do one thing and then did another.

Application

This policy applies only to complaints by clients alleging that Suremarx Insurance Brokers:

• has contravened or failed to comply with a provision of the FAIS Act and as a result thereof the complainant has suffered or is likely to suffer financial prejudice or damage;
• has wilfully or negligently rendered a financial service to the complainant and has caused prejudice or damage to the complainant or which is likely to result in prejudice or damage; or
• has treated the complainant unfairly.

How to lodge a complaint

Step 1: Use the form on our website to get in touch here www.suremarx.insure/contact

Step 2: Call and speak with one of our friendly staff on 016 971 1885 or email us at info@suremarx.insure

Step 3: If required, ask to speak to the manager to further discuss your concerns.

Step 4: If, after speaking to a manager, your complaint is not yet resolved, you can take the matter further by writing to our internal dispute resolution committee on: complaints@suremarx.insure. You need to set out all the relevant information and attach all applicable documentation in order to enable Suremarx to resolve your complaint timeously and without delay. Your concerns will be investigated by a person with full authority to deal with the complaint and we will inform you of the outcome within 15 working days of receiving your letter.

Procedure

Once the compliant is received by the Complaints Team you may expect an acknowledgement of receipt, within 72 hours of receipt of the written complaint, providing you with details of the person who will be considering your complaint and how your complaint will be handled.

You may expect a resolution to the complaint within 6 weeks of receipt of your complaint.

Referral of the complaint to the FAIS ombudsman

• Should a resolution reached by Suremarx Insurance Brokers not be to your satisfaction, after receipt of the final response from Suremarx Insurance Brokers regarding your complaint, you have six months within which to submit a complaint to the FAIS Ombudsman.
• The complaint must not constitute a monetary claim in excess of R800 000.00.
• The FAIS Ombudsman will not investigate a complaint if, before the date of receipt of the complaint by the FAIS Ombudsman, or during an investigation by the FAIS Ombud, the complainant institutes proceedings in a court regarding the subject matter of the complaint.
• The FAIS Ombudsman, is accessible via the following:

Address Financial Services Board, P O Box 74571, Lynwood Ridge 0040.

Telephone: +27 12 470 9080

Facsimile: +27 12 348 3447

E-mail Address: info@faisombud.co.za

Website: www.faisombud.co.za

Other complaints

Rejected claims and cancelled policies

If we do not accept a claim made in terms of this policy, cancel this policy or if you dispute the amount of the claim, you may request us to review our decision. We will only review our decision if you send us a written request to review within 90 days (the “representation period”) of the date that we rejected your claim or cancelled your policy. If you wish to lodge a complaint direct with the insurer, you may do so by sending an email to info@suremarx.insure

Complaining to the Ombudsman

In the unlikely event that your concerns are not resolved to your satisfaction by the internal dispute resolution committee, you may contact either the Ombudsman (an independent office appointed to make independent and fair decisions relating to the actual insurance product), or the Ombud for Financial Services Providers (FAIS Ombud) (for complaints relating to how this policy was sold, or how we interacted with you).

Conclusion

Suremarx Insurance Brokers will, on an ongoing basis, investigate the nature of complaints received and ensure that preventative measures are put in place, to avoid future occurrence of similar and other complaints.

Date of last update: 13/11/2023