("the Website") is an online insurance lead generation website, which enables users ("you, your") to enter their contact information on a single website, and have various insurance companies call you back. ("We, Us, Our") only deal with reputable insurance companies, and may submit your details to a variety of insurance companies and/or brokers of our choice.
Use Of Site
You may only use the Website to browse the content, enter legitimate information and shall not use the Website for any other purposes, including but without limitation to, the entering of any false or fraudulent information. You may only use The Website if you are an adult major (over 18 years of age) and therefore it is important to know that minors may not make use of The Website. The Website and the content provided therein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Please note further that Deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the Website and/or the materials contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws.
By not opting out of any digital communication from us and our partners, you give consent to JAG, 3Way Marketing and its partners to use your information for marketing purposes. You may receive communication from us via multiple channels, such as, but not limited to; Automated voice messages, SMS's, e-mail and inbound calls from us or our partner call centres. In the event that you opt out of this service/campaign, you will still be marketed to for other products/services, unless you decide to completely opt out of all marketing campaigns by registering on the National Do Not Contact List which can be found on www.dmasa.org
modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
Change these Terms and Conditions from time to time with or without notice to you, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change.
We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation should your use of any part of the Website be affected in anyway and or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms and Conditions or complaints and take any action that We may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, and/or the removal of any materials from the Website.
The Terms and Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute.
When you visit the Website or send e-mails to Us, You are communicating with Us electronically. Your Use of the Website shall be deemed your consent to receive communications from Us electronically which will allow Us to communicate with you via e-mail, sms or any other electronic means. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
All content included on the Website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is Our property or the property of Our content suppliers and is protected by international copyright laws.
The compilation of all content on the Website is Our exclusive property and is protected by international copyright laws.
All software used on the Website is Our property or that of Our software suppliers and is protected by international copyright laws.
The trademarks, names, logos and service marks (collectively "Trademarks") displayed on the Website registered and unregistered Trademarks that belong to Us. Nothing contained on the Website, except as expressly stated in the Terms and Conditions, shall be construed by you as the granting of any license or right to use any Trademark without Our prior written permission. All rights in and to the Content and Trademarks are reserved and retained by Us and/or Our content suppliers. You further acknowledges that We and/or Our content suppliers are the proprietors of all the Content and Trademarks on the Website, whether it constitutes confidential information or not, and that the you hold no right, title or interest in any such material.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, AND/ OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAWWE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NEITHER US NOR OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. IN NO EVENT SHALLWE, OUR DIRECTORS, EMPLOYEES, OFFICERS, OR OURSUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE). OUR LIABILITY OF AND THAT OF OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND/ OR SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R5 00.00.
We grant you a limited license to access the Website. This license does not permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Please note it is Your responsibility to check the Website regularly to determine whether any changes have been made to the Terms and Conditions and Your continued use of the Website will be deemed Your acceptance of the Terms and Conditions. Through the use of Our Website You acknowledge that You submit all and/ or any of Your personal information willingly on Our Website and for the use of such information by Us.
The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our prior written consent.
You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to Us and our affiliates without Our prior written consent.
If you have any questions about this Policy or do not agree with it, please contact us by clicking here before using the Service. We may change this Policy from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes.
This Policy is effective from 1 May 2013.
By accessing any part of the Service or providing information to us you consent to the use and transfer of such information by us on the terms set out in this Policy.
How to Interpret this Policy
This Policy contains a number of words and phrases which have specific meanings and most of which are capitalised. Our Glossary contains these words and phrases.
We also apply certain rules when interpreting these Terms and you can find our Interpretation Guide which set out these rules below.
About the Service
The Service presented to consumers is a voluntary service through which 3 Way Marketing collects certain personal information directly from you with the purpose of passing your personal information to 3 Way Marketing’s customers to enable them to market certain of their products and/or services to you. When you submit your personal information to us, you agree that we may process your personal information on the basis described in this Policy.
3 Way Marketing’s customers are typically insurance providers and related service providers.
We also use your personal information to convey your opinions and preferences relating to our customers’ products and services to them to enable them to both identify products and services you may be interested in and address concerns you may raise about them.
Important provisions pertaining to legal liability
It is important that you familiarise yourself with these provisions before you access the Service and that you do not access the Service if you do not agree to abide by those provisions.
Legal Age and Capacity
You may not use the Service and may not accept this Policy if you -
- lack the legal capacity to enter into a binding contract with 3 Way Marketing;
- are a person who is not permitted to access or use this Service under the laws of the country in which you are resident or from which you access the Service; and/or
- require the consent of a guardian or parent to competently agree to this Policy and have failed to obtain that consent.
By using the Service and/or content made available to through the Service (“Content”) you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being this Policy.
Personal information 3 Way Marketing collects from you
We may collect the following information:
- any information which you are asked for when registering to use or when otherwise using the Service;
- a list of the products, services you indicate an interest in or have made use of;
- your name and contact information, including email address and location;
- identifiers such as your identity number or passport number;
- information relating to your use of our customers’ products and services;
- indications that you have opted-in to receive communications;
- information regarding your personal or professional interests, demographics, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services.
We may intercept and monitor your communications
We may implement systems designed to intercept and monitor your communications with us, to the extent permissible by law, in which case you consent to such interception and monitoring.
As part of this process of intercepting and monitoring these communications, we may record such communications for disclosure on the basis set out in this Policy.
Personal information we collect automatically
When you use the Service, 3 Way Marketing automatically receives and records information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested.
3 Way Marketing mostly uses this data in aggregate form and we may provide this aggregate information to our customers about how our users like you, collectively, use the Service, so that our customers may also understand how you make use of the Service.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
The services we use make use of relatively secure data transmission and storage technologies to reasonably protect your personal information from unauthorised disclosure and maintain your personal information’s integrity.
These services are essential services that enable us to operate efficiently and effectively. Please let us know if you object to us incorporating these services into our service model. In the event you prefer us not to make use of these services, we may not be able to make the Service available to you.
We may link to other services which are not within our control. Once you have left our Service, we cannot be responsible for the protection and privacy of any personal information which you provide. You should exercise caution and look at the privacy statement applicable to the service in question.
What We Do With The Information
We use this information to provide you with a better service, and in particular for the following reasons:
- providing information about goods and/or services you have requested and notifying you about important changes or developments to these goods and/or services;
- to follow up as part of our customer care procedures;
- updating our records about you;
- internal record keeping;
- administering offers;
- to improve our products and services;
- crime detection prevention and prosecution;
- competitions and other promotions;
- evaluating the effectiveness of our marketing and for research, training and statistical analysis with the aim of improving our services;
- making our Service easier for you to use and providing you with access to certain parts of the Service; and
- to contact you for market research purposes.
At the time you provide us with any information in response to a request from us, our request will provide you with specific information as to how we will use such information.
Other than for the direct marketing purposes referred to below, we may contact you by e-mail, phone, fax or mail in relation to the purposes set out in this section and by providing such information you are deemed to have agreed to us contacting you by these methods of communication. We will continue to contact you by way of such methods until you advise us in writing you no longer wish to be contacted by certain methods. Please note you are required to accept at least one of the above methods as your chosen method of receipt of communication from us.
We will not pass your details to anyone else (other than on the basis set out below and in accordance with appropriate disclosure requirements we may be subject to).
We would like to provide you with information about new products, promotions, special offers and other information, which we think you may find interesting. You agree that we may send you such information by email, post or telephone where you have opted to receive such marketing materials and have indicated to us how you wish to receive such marketing material when you registered for our services. You may opt-out of our direct marketing campaigns at any time, at which point we will not send you any direct marketing.
If we are providing you with services you will also be subject to the specific terms and conditions relating to the product and/or services you are being provided with and these terms will include additional information as to how we may contact you.
If you are a new client or you have previously asked us for information on our products, we may send you information on our range of products by email where we have your permission to do so.
If the reason you have given us personal information is to receive email information from us, we will continue to provide this information by email unless you ask us not to do so.
Sharing Your Information
We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than on the following basis:
- where we have your permission;
- where we are required to do so by law;
- where it is needed by our agents, advisors or others involved in running accounts and services for you or in undertaking activities linked to the operation of such services or accounts on our behalf; or
- where the transfer or disclosure would otherwise be in compliance with legal requirements we are subject to including, but not limited to, statute or regulation.
Accessing Your Personal Information
If you think any information we have about you is incorrect or incomplete, please contact us, in writing, as soon as possible. We will correct or update any information as soon as possible.
We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive license to access our Content on the Service. This license is for the limited purpose of enabling you to use the Service, in the manner permitted by this Policy and the Service’s functionality. In the event we revoke this license, you may no longer access the Service or make any use of our Content.
You acknowledge that you do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.
This Policy contains provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement with this Policy.
Disclaimers and Liability Limitation
Your use of and reliance through the Service is entirely at your own risk. The Service is provided “As Is” and “As Available”.
To the fullest extent permissible by law, we disclaim all warranties of any kind, whether expressed or implied.
While we take reasonable precautions in our operation of the Service, you agree that we shall not be liable in respect of any Losses however arising and whatever the cause. “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, , damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties)
We will use reasonable endeavors to make the Service available to you, and keep the Service available to you at the appropriate times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your access to the Service (either in part or as a whole) for any reason whatever.
You indemnify us from any Losses attributable to your use or miss-use of the Service
3rd Party goods, services and websites
Your use of those 3rd Party goods and/or services which you may link to or access through your use of the Service may be subject to this Policy and/or the terms and conditions applicable to those 3rd Party goods and/or services. You agree that it remains your obligation to familiarise yourself with 3rd parties’ terms and conditions and to comply with both them and this Policy. In the event there is a conflict between this Policy and 3rd Party’s terms and conditions, this Policy shall prevail to the extent of the conflict for the purposes of your Service use.
Links to and from the service from and to 3rd Party websites do not constitute 3 Way Marketing’s endorsement of these 3rd Party websites or their contents, nor does 3 Way Marketing necessarily associate itself with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with 3rd Parties operating the 3rd Party websites.
3 Way Marketing has no control over 3rd Party websites and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party websites or for any Losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party websites. You agree that where you access 3rd Party websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with 3rd Parties which are referred to or linked from or to the Service is similarly entirely at your own risk and are solely between you and that 3rd Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
Governing law and jurisdiction
The Service is controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Service and this Policy.
You consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect of disputes which may arise out of your use of the Service and this Policy.
You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.
Documents and notices
We choose the addresses and other contact details specified in our ECT Act Disclosures section, below, for all communication purposes under this Policy, whether in respect of court process, notices or other documents or communications of whatsoever nature.
ECT Act Disclosures
Access to the content on or through the Service and the Website itself are classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act (No. 25 of 2002), as amended from time to time (“ECT Act”), and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:
Our full name and legal status: 3 Way Marketing CC
Street address: 245 Jan Smuts Avenue, Dunkeld West, Johannesburg
Postal address: 245 Jan Smuts Avenue, Dunkeld West, Johannesburg
Physical address for receipt of legal service: 245 Jan Smuts Avenue, Dunkeld West, Johannesburg
Main business: Direct Marketing
Website address: http://www.3waymarketing.co.za/
Official email address: Our email addresses are listed on our Contact Us Page
Membership of self-regulatory or accreditation bodies: DMA
Manual in terms of the Promotion of Access to Information Act 2 of 2000:
Management: Tom Goldgamer and Danny Aaron
Costs associated with the access to and use of the Service: There are no costs associated with accessing the Service
Dispute resolution: No specific dispute resolution process
Cooling off period: 5 days according to the Consumer Protection Act
Complaints process: If you have any complaints or would like more information please mail firstname.lastname@example.org
In this Policy, headings are for convenience and we don’t intend for them to be used to interpret this Policy.
If, in this Policy, we refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then this Policy will also be applicable to and binding on that party’s liquidator or trustee, as the case may be.
Unless we indicate to the contrary in this Policy, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When we specify any number of days in this Policy, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa. Generally speaking, references to a “day” are references to typical business days.
All annexures, addenda and amendments to this Policy form an integral part of this Policy and, therefore, our contract with you.
The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings –
- “3rd Party” means a party other than the Client and 3 Way Marketing;
- ““3 Way Marketing”, “our”, “us” and “we” means or are references to 3 Way Marketing CC, a close corporation incorporated in accordance with the laws of South Africa;
- “3 Way Marketing’s Associates” means 3 Way Marketing’s officers, servants, agents or contractors or other persons in respect of whose actions 3 Way Marketing may be held to be vicariously liable;
- “Client” means the entity or person who contracts with us for the use of the Services;
- “Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;
- “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time as well as any regulations issued in terms of this Act);
- “Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;
- “Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
- “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
- “Party” means either 3 Way Marketing or you as the context may indicate (“Parties” has a corresponding meaning);
- “Personal Information” bears the meaning contained in the Promotion of Access to Information Act (No.: 2 of 2000), as amended from time to time;
- “Service” means the services provided by 3 Way Marketing through which they market various products to users by means of SMS, email, automated voice messaging and online marketing;
- “South African Law” means all and any laws and regulations of the Republic of South Africa, including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time;
- “Terms” means the terms and conditions which govern use of the Service, as amended from time to time, and which comprise the following –
- “use” when used in the context of -
- a website (whether it be the website affiliated with 3 Way Marketing or a 3rd Party Website), means to visit, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
- “user” means the end users to which the products are marketed by 3 Way Marketing for the purpose of lead generation.