TERMS AND CONDITIONS OF USE FOR THE WEBSITE
1. INTRODUCTION
Welcome to www. claimexpert.net (“Website”), owned and operated by Claim Expert SA (Pty) Ltd
(“Claim Expert ”). These Terms and conditions of use (“Terms”) set out the Terms that regulate the use
of the Website by the user (“you, your or yourself”).
2. ACCEPTANCE OF TERMS
These Terms take effect as soon as you access the Website and constitute a binding agreement between
Claim Expert and yourself. The current version of these Terms will govern both Claim Expert ’s and your
rights and obligations each time you access this Website. If you do not agree with any provision
contained in these Terms, you must immediately cease to use the website. Your failure to do so, and
your continued use of and access to the Website, will mean that you have read, understood and agree
to be bound in full by the provisions of these Terms. Unless the contrary is specified, these Terms apply
whether you use and access either free or paid-for services offered by Claim Expert on the Website.
3. USE OF THE WEBSITE
3.1. By accessing the Website, you warrant and represent that (i) your use of the website is for lawful
purposes, (ii) you are over 18 (Eighteen) years of age, and (iii) you can legally conclude a binding
agreement with Claim Expert . You further warrant that you will not contravene any South African
or international laws by using the Website, any services offered on the Website or any information
provided to you by Claim Expert through your use of the Website.
3.2. Except as expressly authorised by these Terms, you may not use, alter, copy, distribute, or transmit
any content contained on this Website.
4. USE OF INFORMATION
4.1. Claim Expert conducts its business in accordance with all South African legislation applicable and
relevant to its business. One aspect of such legal compliance pertains to data protection. Claim
Expert values the privacy of your information and will protect your personal information in
accordance with all relevant laws and regulations. This includes the Protection of Personal
Information Act no 4 of 2013 (“POPIA”) and all regulations promulgated in terms thereof.
4.2. By using the Website, and thereby accepting to be bound by these Terms, you expressly
acknowledge, agree and consent to Claim Expert and our suppliers, or any person authorised on
our behalf, using your personal information, as this Term is defined by POPIA (“Personal
Information”) for any purpose necessary for you to use the Website, or for Claim Expert to render
any service to you via the Website.
5. AMENDMENT OF TERMS
5.1. Claim Expert , in its sole discretion, reserves the right to amend these Terms at any time. Any such
amendments will come into effect immediately and automatically. Whenever Claim Expert
concludes any amendments to these Terms, the amended Terms will be posted on this page,
together with an indication at the bottom of the page as to the date upon which the Terms were
last revised. You agree to review these Terms for any such amendments whenever you visit the
Website, and you will be deemed to have done so.
5.2. Should you not agree to any amendments of these Terms, you must immediately cease to access
and use the Website.
6. CONTENT OF USERS
6.1. There are certain areas on the Website that allow users of the Website to upload questions, data,
and other information (“User Content”). As a user, you are solely responsible for the User Content
that you upload, display, and / or otherwise make available (“Add”) to the Website, and you hereby
agree that Claim Expert is only a conduit for the online sharing, distribution and publication of your
User Content. Claim Expert will not review or reference any such User Content except as may be
provided in Claim Expert ’s privacy policy or as may be required by law. Unless otherwise stipulated
by law, or unless the contrary is specified in any other Terms and conditions of Claim Expert , all
User Content is owned by the User who adds it to the Website. Subject to the aforegoing two
provisos, Claim Expert does not claim any ownership rights in any User Content.
6.2. You agree not to Add any User Content that contains any information or content that (i) is not
legally permitted; (ii) you do not have a right to make available under any law, or under contractual
or fiduciary relationships; and / or (iii) you know is incorrect and / or inaccurate. You agree that any
User Content that you Add to the Website does not and will not violate any third-party rights of
any kind.
7. COPYRIGHT AND INTELECTUAL PROPERTY RIGHTS
7.1. For purposes of these Terms, “Intellectual Property Rights” means “any and all Intellectual Property
Rights of whatsoever nature and form including, without limitation, patents, designs, copyright,
trademarks, trade secrets and/or know-how, whether in existence now or whether arising in the
future, and including all applications and registrations, renewals and extensions thereof, under the
laws of any country, territory or other jurisdiction.
7.2. Unless the contrary is expressly specified in these Terms, any and all content and material of
whatsoever nature and form contained or depicted on the Website or incorporated or embedded
in any service offered on or via the Website, including, without limitation software, images, text,
graphics, illustrations, logos, branding, and/ or photographs (“Claim Expert Content”), and all
Intellectual Property Rights subsisting in such Claim Expert Content, vest exclusively in Claim Expert
. You hereby agree and undertake that you will at no time lay any claim to Claim Expert Content,
and / or to any Intellectual Property Rights subsisting in such Claim Expert Content.
7.3. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in
or to any Intellectual Property Rights belonging to Claim Expert , and you agree and undertake that
you will not yourself, or through any parent, subsidiary, affiliate, agent or other third party: (i)
modify, port, translate, localise or create derivative works of Claim Expert Content, or any part
thereof; (ii) by any means whatsoever, decompile, disassemble, reverse engineer or attempt to
reconstruct, identify or discover any source code, underlying ideas, underlying user interface
techniques or algorithms contained or incorporated in any Claim Expert Content, or any part
thereof, or disclose any of the foregoing; (iii) sell, lease, license, sublicense, copy, market,
reproduce, transmit or distribute Claim Expert Content, or any part thereof, including any
Intellectual Property Rights subsisting therein, without the express written consent of Claim Expert
; (iv) encumber or create any lien or security interest in respect of any Claim Expert Content or any
Intellectual Property Rights subsisting therein; and (v) knowingly take any action that would cause
any of Claim Expert Content to be placed in the public domain, or that would infringe any
Intellectual Property Rights in Claim Expert Content. Use of Claim Expert Content, and any
Intellectual Property Rights subsisting therein, for any purpose not expressly permitted by these
Terms is strictly prohibited.
7.4. You understand and acknowledge that you may be exposed to User Content that is inaccurate,
misleading and/or offensive and you agree that Claim Expert will not be liable for any damages
you allege to incur as a result of exposure to such User Content.
8. DISCLAIMER OF WARRENTIES AND LIABILITIES
8.1. Claim Expert does not make any warranties, representations, statements or guarantees, whether
express, implied in law or residual, regarding the Website and any services offered on or via the
Website, and these are provided on an “as is” basis. Claim Expert also does not make any warranty
or representation that any information contained on the Website or included in any services is
appropriate for use in any jurisdiction.
8.2. Use of the Website, any Claim Expert Content and/or any service offered as a part thereof is
entirely at your own risk. Claim Expert makes no representations, warranties or conditions about
the quality, accuracy, reliability, completeness, or timeliness of any of the aforegoing.
8.3. Claim Expert does not assume any responsibility for any errors, omissions or inaccuracies in the
Website, Claim Expert Content and/or any service that may be offered pursuant thereto.
8.4. Neither Claim Expert nor its shareholders, officers, directors, employees, affiliate companies,
agents and advisors (“Indemnified Parties”) shall be responsible for, and deny, all liability for any
loss, harm, damage (whether direct, indirect or consequential) and / or expense of any nature
whatsoever which may be suffered by you and / or any third party, as a result of or which may be
attributable, directly or indirectly, to your access and use of (i) the Website, and / or (ii) any
information contained on or received via the Website (including any reliance you may place on
such information), (iii) any Claim Expert Content, (iv) any services provided pursuant to the
Website.
8.5. Without limiting the generality of the aforegoing, the Indemnified Parties shall not be liable for any
(i) loss of business, data and/or profits, (ii) failure and / or unavailability of the Website for any
reason whatsoever, and / or (iii) failure/delay by any third party service provider to render any
service/s which are necessary to ensure the availability of the Website.
8.6. You hereby indemnify the Indemnified Parties against any loss, liability, harm, damage (whether
direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by
you or any third party as a result of or which may be attributable directly or indirectly to any of the
above or the aforegoing.
9. INDEMNITY
In addition to the warranties and indemnities set out above, you hereby agree and undertake to defend,
indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees)
arising from: (i) your violation of any provision of these Terms; (iii) your violation of any third party right
including, without limitation any Intellectual Property Right, or other property or privacy right; or (iv)
any claim that the User Content caused damage to a third party. All indemnity provisions set out in
these Terms will survive termination, modification or expiration of these Terms.
10. EXTERNAL LINKS
External links may be provided for your convenience; however, Claim Expert makes no representations
whatsoever about any third party website or its content. Use or reliance on any external links provided
is entirely at your own risk. It is your responsibility to ensure that you obtain all information relevant to
making a decision and that you read the privacy and security policy displayed on any third party website.
Claim Expert has no control over such third party websites and will not be liable for any loss or damage
of any nature that you may suffer, whether directly or indirectly, as a result of your use of third party
websites.
11. CRAWLERS AND SPIDERS
No person, business or Website may use any technology to search and/or gain information from the
Website without Claim Expert ’s prior written permission.
12. GOVERNING LAW
These Terms and all matters or disputes arising from or incidental to them shall be governed and
construed in accordance with the laws of the Republic of South Africa and you hereby submit to the
exclusive jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful,
void, or for any reason unenforceable by a competent court in the Republic of South Africa then that
provision shall be severable from these Terms and shall not affect the validity and enforceability of any
remaining provisions.