Terms and Conditions
1. Definitions
In this user agreement, the terms below have the following meanings:
i. “Capital Legacy” refers to Capital Legacy Solutions (Pty) Ltd, Capital Legacy Fiduciary Services (Pty) Ltd, Capital Legacy Board of Executors and Trust Company (Pty) Ltd and its affiliates and subsidiaries from time to time.
ii. “Personal Information” means personal information as referred to in the Protection of Personal Information Act, 2013.
iii. “Site” means this website and any site belonging to Capital Legacy.
iv. “We“, “us“, “our” refers to the owner of the Site and Capital Legacy, whose Head Offices are at 57 Sloane Street, 1st Floor Roland Garros Building, the Campus, Bryanston, 2191.
v. “Website” means the internet websites with the address www.capitallegacy.co.za or any website with a URL that is validly registered to Capital Legacy.
vi. “You” and “your” means the user of the Site.
vii. “Processing your Personal Information” means the automated or manual activity of collecting, recording, organising, storing, updating, distributing and removing or deleting of Personal Information.
2. Conditions of Access
i. Your access to, and use of, the Websites is subject to the terms and conditions set out in this user agreement.
ii. To avoid any confusion, you agree that these terms and conditions apply to your use of the Websites.
3. Copyright And Trademarks
i. Your access to the Websites, and the information contained on it, does not in any way convey or transfer any right in or to the intellectual property of Capital Legacy or its clients’ data or information displayed or accessible from the Websites (including all text, layout, graphics, artworks, animation material and general representation of the Websites) or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other intellectual property rights which may vest in Capital Legacy or in the author, compiler, creator or licensor of such information.
ii. All Capital Legacy’s trademarks, logos, brands, domain names and other marks and intellectual property relating to the Websites, or any information contained or accessible from the Websites shall remain the sole and exclusive property of Capital Legacy and the relevant authors or licensors, and the visitor undertakes that he/she/it will not use, duplicate, distribute, disseminate, adapt, display, alter or otherwise deal with such intellectual property without Capital Legacy, the relevant licensor or author’s prior written approval.
iii. Copyright and all other intellectual property rights subsisting in any database/s maintained by Capital Legacy and relating to this Website are owned by Capital Legacy or the relevant provider or supplier thereof.
iv. You may only use information retrieved, viewed, downloaded or otherwise obtained by viewing the Websites, for your own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties unless the prior written consent of Capital Legacy has been obtained.
v. You undertake not to change or delete any proprietary notices contained in any material, data or information downloaded or otherwise retrieved from the Websites.
vi. Under no circumstances may you use, duplicate, distribute, reverse, engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recording on or otherwise) any of the material, information or content viewed, downloaded or otherwise retrieved from the Websites without the prior written consent of Capital Legacy.
4. Disclaimer
While Capital Legacy will take all reasonable measures to ensure an efficient, uninterrupted and error-free service to all its online Clients, neither Capital Legacy nor any of its employees, representatives or assigns will be liable to any online Client for any loss or damage of whatsoever nature caused by or attributable to any:
i. fact or circumstance beyond the reasonable control of Capital Legacy, including the breakdown or interruption in the services provided by external service providers and the unavailability or defective performance of any software or any of the services available on or from the Websites;
ii. breach of privacy, security or confidentiality or any infringement of intellectual property rights by any person or entity;
iii. loss, damage, destruction, theft, contamination or corruption of any data, information or content accessible from or available on the Websites;
iv. reliance on, publication or use of any information or data contained on or accessible from this Website including information and data contained in advertising banners, third-party software, pop-up windows, buttons, hypertext links and advertising sponsorships;
v. failure by a visitor or online Clients to maintain the confidentiality of their personal username and password, or the disclosure of personal usernames and/or passwords to any person or entity;
vi. hacking, infection by viruses, Trojan horses, or any other computer programming routines or software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any software programme, system, data or personal information;
failure to adhere to the provisions of any terms and conditions governing the use and access to the services and facilities offered from time to time on the Websites;
vii. any lawful act or omission by Capital Legacy, its representatives and service providers in respect of or relating to the maintenance and support of this Website and any supporting software or otherwise in the interests of protecting Capital Legacy’s proprietary rights or the privacy and confidentiality of visitors and online Clients and their personal information; and consequential or indirect loss or damage whether foreseeable or otherwise.
5. Presumption and Indemnity Clause
i. The user of the Websites hereby indemnifies and holds Capital Legacy harmless against all and any loss, liability, action, law suits, proceedings, costs, demands, and damages of all and every kind (including but not limited to, direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on the Websites, or in the use of these services offered, information and / or images available on the Websites, whether due to Capital Legacy’s negligence or not.
ii. Due to the lack of personal contact in online communication and transactions, Capital Legacy relies exclusively on the correctness and accuracy of information submitted and the good faith of its online Clients. Failure to provide honest, accurate and complete disclosure may lead to the annulment of Plans.
iii. Online users must keep their personal usernames and passwords confidential at all times. Capital Legacy shall be entitled to presume the authenticity and validity of any online communication or transaction and that the online Client is the originator of such online communication or transaction where the username and password of that online Client is used to gain access to, view and/or engage in any activity or transaction or service offered on the Websites.
iv. The online user hereby indemnifies Capital Legacy, its employees, representatives and service providers and holds them harmless against any and all claims, losses and damages which Capital Legacy or any third party may incur as a result of reliance placed on any information, data and material furnished by a prospective Plan Holder or Plan Holder to Capital Legacy.
6. Personal Information
Capital Legacy will be Processing your Personal Information according to the Protection of Personal Information Act, No. 13 of 2013 and additional data protection laws. To find out more about how we use your personal data you can access our Privacy Notice here.
7. Termination and Variation
Capital Legacy reserves the right to alter, restrict and / or terminate the services on its Website to the user in particular, or to the public in general, without notice or reason, or to revise these terms and conditions at any time. Such changes will be posted on this Website and be deemed to have been accepted by the user if the user continues using the Websites. The obligation therefore will be on the user of the Websites to review these terms and conditions at regular intervals.
8. General
i. These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and the user of this Websites will submit to the jurisdiction of the South African courts. Capital Legacy’s failure to exercise any particular right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
ii. By using the Websites, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Websites.