TERMS & CONDITIONS

1. The funeral and accidental death benefits are provided under a group life insurance policy ("the funeral policy") underwritten by Lion of Africa Life Assurance Company Limited ("Lion of Africa"). Lion of Africa is a registered insurer and authorised financial services provider.

2. The owner of the funeral policy is IMB Financial Services (Pty) Ltd, trading as “IMB FS”.

3. In terms of the funeral policy, IMB FS may accept applications from individuals to be covered as insured persons under the funeral policy.

4. IMB FS shall be responsible for payment of all premiums to Lion of Africa, and IMB FS shall collect monthly contributions from each insured person for his or her cover.

5. In the event of the insured person's death, the funeral benefit is a cash lump sum payable to the insured person's nominated beneficiary (or if no beneficiary to his or her next of kin). If the insured person dies as a result of an accident, an additional cash lump sum becomes payable to the beneficiary (or if no beneficiary to his or her next of kin). The amount of the cash lump sum is determined by the amount of cover accepted by the insured person at the commencement of his or her cover.

6. No benefit will be paid if the insured person's death is caused by any conditions that pre-existed during the 12 months prior to the commencement of cover.

7. No benefit shall be paid where the insured person died as a result of suicide within two years of the commencement of cover, or dies by the hand of justice as a result of an illegal act.

8. All death claims must be submitted to Lion of Africa within six months of the insured person's death, in the required format and with all the necessary supporting documents, or else no benefit will be payable.

9. Lion of Africa is unable to provide financial advice in respect of the Funeral policy.

10. Cover for an insured person will terminate when Lion of Africa does not receive the contribution from IMB FS for the insured person's cover because he or she failed to pay the Service Fees to IMB FS.

11. The full terms and conditions of the Funeral policy is available on IMB FS’s website.

12. IMB FS will, at the contract holder's instruction for such Service - acquire a funeral policy as stipulated by the contract holder, or as available from the relevant service provider ("the Supplier"),

13. Provide the Supplier monthly with the contract holder's payment status to ensure the funeral policy remains active for the duration of the contract holder's continued participation on the IMB FS service.

14. The benefit shall be restricted as shown above in respect of those adults above seventy-five (75) years at entry.

15. Scheme covers member, spouse and children up to twenty-one (21) years of age or twenty-five (25) years if the child is at a recognized educational institution and is still classified as a dependent. The Scheme covers up to four (4) children and any additional child will be deemed to be an extended child and will be covered at an additional cost of R5.

16. Mentally retarded as well as permanent and totally disabled children are covered until their death or for as long as the Policyholder is insured under the scheme.

17. Only one spouse is allowed as a dependent of the member, married to the member by common-law, civil or tribal custom. Proof of marriage is to be provided on death.

18. Immediate cover on receipt of the first premium for existing members who has more than six (6) months continued cover under the existing scheme. (Such proof is required should deaths occur during the first six (6) months from inception). All members still within the waiting period imposed by the previous insurer will serve out the balance of such waiting period with Lion Life before their cover will commence.

19. A waiting period of six (6) months will be applicable for all new members’ benefits in respect of lives aged below sixty-five (65) years and nine (9) months for members above sixty-five (65) years at entry.

20. In the event of the insured increasing the benefit, an additional six (6) months or nine (9) months waiting period will apply to the additional cover, depending on the age.

21. Application forms must be properly completed for the member and his/her dependants, reflecting full names, date of birth and identity numbers.

22. The Policyholder must apply for cover for the new born children; a three (3) month grace period will be applicable. Failure to do so will render such children uncovered under the scheme.

23. In accordance with the Policy Holder Protection Rules, cover will cease automatically upon the non-payment of premium by the participating member. Members wishing to reinstate their cover will be subject to a six (6) months or nine (9) months waiting period upon rejoining the scheme

24. Premium rates will be reviewed from time to time, based on the actual claims experience of the scheme and in general, on the scheme anniversary date. This will be subject to a thirty (30) day notice period with regard to a change in premiums. The agreed acceptable level of claims experience for this scheme should not exceed seventy-five (75) percent of the monthly premiums.

25. In the event of the death of the Policyholder, ownership of the policy may be switched to the surviving spouse; the spouse will then become the Policyholder of the policy, subject to the payment of the premium by the spouse. Please note, however, that this does not automatically happen and it is the responsibility of the remaining spouse to notify the Insurer of the change.

FAMILY SUPPORT CASH BENEFIT

1. The Family Support Benefit is a R10, 000 cash benefit, designed to provide the family members of the contract holder with additional financial support in the event of the contract holder's death.

2. In the event of the death of the contract holder, IMB FS will pay the beneficiary (or if no beneficiary is nominated, the next of kin) the balance of the Family support benefit. Payments will occur over a 3 month period, as indicated by the table below:

1. AIRTIME RECHARGE OPTION

1. The contract holder has the option to request a monthly airtime voucher of R70.

2. IMB FS will, at the contract holder's instruction for such Service - acquire a pre-paid airtime package ("the Airtime") as stipulated by the contract holder, or as available from the mobile phone network ("the Network") stipulated by the contract holder,

3. cause the R70 airtime to be credited to the contract holder's mobile phone number account with the Network, and

4. debit the contract holder's Family support cash benefit account with the IMB FS cost of the airtime, and the Service Fees, as set hereafter

2. SERVICE FEES

1. Registration fee R90

2. R89.47 debited monthly

3. Reply to register request via SMS (Standard Rates)

3. SERVICE PERIOD

1. The Services are provided for successive Service Periods, each of one calendar month, as from the date of first payment of your Service Fees.

2. As set out in the GENERAL TERMS AND CONDITIONS, IMB FS may, at the end of each Service Period, automatically renew this Service Contract for a further Service Period.

GENERAL TERMS AND CONDITIONS

1. RECORDAL AND PROVISION OF SERVICE

1. IMB Financial Services (Proprietary) Limited (hereafter referred to as "IMB FS", "us" or "our") contracts with its registered users (hereafter referred to as "you") to provide the following Services (" the Services"):

1. FUNERAL COVER

2. FAMILY SUPPORT CASH BENEFIT

3. AIRTIME RECHARGE OPTION

2. Once you have registered to use the Services, the same may be accessed from your mobile phone via WAP and SMS and at various web sites that are owned IMB FS.

3. If you have received a communication from us then we probably have record of your personal information and banking details ("your bank account") that will enable us to transact with you on these terms and conditions.

2. ACCEPTANCE OF TERMS AND CONDITIONS

1. Your use of the Services is subject to the General Terms and Conditions herein contained ("the General Terms"), as well as to the terms of your Service Contract ("the Service contract terms"). By registering and using the Services you acknowledge and accept that you have read and understand and are bound by the contents of the General and Service contract terms which apply to the use of the Services. If you do not understand or agree with, or do not wish to be bound by any of these terms and conditions, you may not access or use the Services, and must kindly terminate your access to this Website immediately.

2. By registering for the Services as set out in clause 4 hereunder you authorize IMB FS or its duly appointed agent / nominee to facilitate the payment of the Services, which payment shall be effected by means of debit order deduction from your bank account(the particulars of which are recorded on our system) in favour of IMB FS.

3. You will be deemed to have registered for a Service as soon as:

1. You click "ACCEPT" on these Terms and Conditions on IMB FS's website http://www.imb.co for such Service; or

2. You SMS "YES" to the number provided by IMB FS for such Service

You will receive communication via SMS upon completing the Service registration process and account set-up procedures as more fully described in clause 4.

3. TERMS AND SCOPE OF SERVICES

1. The Services will be provided for the duration of the Service Period set out in the Service Contract.

2. The principal components of the Services are as set out in the Service Contract, details of which may be viewed by clicking on the following link http://www.imb.co/terms_and_conditions

3. The Services may, at the sole discretion of IMB FS, include further optional components which may be introduced from time to time, including, without limitation:

1. the provision to you of pre-selected promotional material

2. service announcements, and

3. administrative messages.

4. Should you wish to do so, you may opt out of such optional components by reply SMS via your mobile phone with the word STOP to any of our monthly communication or by contacting our call centre on 087 941 3252.

5. Unless expressly stated otherwise by IMB FS, optional components and new features that may be introduced to augment or enhance the Services, whether delivered via mobile phone or through other distribution means, shall be subject to these General Terms.

4. SERVICE REGISTRATION AND ACCOUNT SET-UP PROCESS:

1. To be able to access and utilize the Services you must first register for the Services through an IMB FS agent.

2. Once you have registered, an account will be created for you. You will receive a SMS confirming your successful registration followed by a SMS notification informing you of the date and amount of the 1st debit order transaction against your registered bank account.

3. Subject to the provisions of clauses 2 (b) and 8(b) IMB FS will, on a monthly basis, deduct from your bank account the payment of the Services ordered by yourself, as well as the Service Fees applicable to your Service Contract.

5. NOTICE OF TERMINATION

1. You may terminate your Service Contract by giving Notice of Termination to IMB FS by either:

1. Calling IMB FS’s call centre at 087 941 3252,

2. Reply SMS "STOP" to any of our monthly communication

2. Termination of your Service Contract will be effective as from the end of the Service Period during which IMB FS receives your Notice of Termination, and you will remain liable for the Service Fees as per your Service Contract in respect of such Service Period.

6. CONTENT RIGHTS AND OWNERSHIP

1. IMB FS provides certain information on its Website. Content currently or anticipated to be displayed at this Website is provided by IMB FS, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to literary works, musical works, artistic works, sound recordings, cinematograph films, sound and, published editions and computer programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyrighted to IMB FS, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. IMB FS reserve the right to make any changes to the Website, the Content, or to the Services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in the General Terms and Service contract terms, you are not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

2. You may not distribute, modify, transmit or use the Content for any purpose other than your personal and non-commercial use, and you may not modify, reverse engineer, or create derivative works based on, the Content, whether in whole or in part, without IMB FS's prior express written permission.

7. USER-SUBMITTED INFORMATION

1. IMB FS will treat information, including personally identifiable contact information, which you submit to it as confidential only to the extent that such information is submitted via IMB FS’s Website or other interfaces provided for accessing the Services and to the extent that such fact is stated clearly on the relevant Website or other interfaces whereby such information is submitted. All other communications with, or submissions to, IMB FS are, hereby agreed by you to be non-confidential.

2. You may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of your computer, but not the email address or any other distinguishing information. This information will be aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. IMB Financial Services will use this information to determine use of the Website, and to improve Content thereon. IMB FS assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

3. IMB FS expressly reserves the rights that it may, if it has prima facie grounds to believe that you are in breach of your "Obligations as User" as hereafter defined in these General Terms: investigate your usage history, posted materials, IP addresses and related data; disclose such information to law enforcement bodies, regulators or other third parties.

4. By posting text or other material at or through non-confidential portions or features of the Services, you thereby assign to IMB FS all rights therein, including without limitation the right to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such text and material alone or as part of other works in any form, media or technology, and to sublicense such rights.

5. Comments, feedback, suggestions and ideas which you submit to IMB FS in connection with your use of the Services will become IMB FS’s sole property, and will be subject to disclosure and use by IMB FS without an obligation to compensate you in any manner.

8. SERVICE FEES

1. Service Fees will be as set out in your Service Contract, as amended from time to time. All price references are in South African currency.

2. On the dates set out in your Service Contract your bank account will be debited with the Service Fees which were in effect on the date of your registration for the Services.

9. AMENDMENT OF TERMS OF SERVICES

1. IMB FS reserves the right to change, modify, add to or remove portions or the whole of the General Terms and /or Service contract terms from time to time. Changes to the General Terms and /or Service contract terms will become effective upon such changes being posted to IMB FS’s Website www.IMB co/Funeral Policy

2. Should IMB FS elect to amend the General Terms and /or Service contract terms:

1. IMB FS will provide notice, through the Service's mobile phone interface, that such an amendment has been effected, and will publish the terms and details of such amendments on the aforesaid Website;

2. You will be deemed to have received notice of an amendment on the first occasion that you access the Service's mobile phone interface providing such notice.

3. It will be your responsibility to ascertain the specific terms and details of such amendment by visiting IMB FS’s aforesaid Website;

4. You agree that you are aware of all and any such amendments and bind yourself to the terms and conditions as may be in force at any time;

5. Your continued use of this Website following the posting of changes or updates will be considered notice by you to IMB FS of your acceptance to abide by and be bound by the amended General Terms and/ or Specific Conditions.

3. You may terminate your Service Contract as per the provisions of clause 5 within thirty (30) days of receiving notice of an amendment to the General Terms and/or the Service contract terms thereby avoiding being bound by such amendment;

4. A certificate by IMB FS as to, respectively,

1. the dates on which a notice of an amendment was provided through a Service's mobile phone interface, and/or

2. the first occasion on which you accessed the Service's mobile phone interface providing such notice shall be prima facie proof of such date in any legal proceedings in which such dates become relevant.

5. Subject only to amendments as herein provided for, the General Terms, read together with the Service contract terms, shall constitute the entire agreement between you and IMB FS with regard to the Services and shall no other amendment be of any force or effect.

10. SUSPENSION OF ACCOUNT AND SERVICES

1. IMB FS reserves the right to suspend or terminate your Service Contract, and to suspend your Services without prior notice or compensation to you, in any of following cases:

1. If IMB FS has prima facie grounds to believe that you are in breach of your "Obligations as User", as hereafter defined in these General Terms;

2. Should you default on payment to IMB FS, which shall include but not be limited to insufficient funds in your bank account, your IMB Debit card or alternative payment method being invalid for any reason or you charge back to your credit card or alternative payment method the fees due to IMB FS;

3. IMB FS has reason to believe that your safety, or the safety of other users of the Service or the general public, is in jeopardy.

2. IMB FS reserves the right to terminate your Service Contract, and to suspend your Services, in any event other than as set out above, provided that it shall upon so doing be obliged to refund to you:

1. for any Service Period that has not yet commenced, such Service Fees that you might have paid in advance;

2. for any Service Period that has already commenced, a pro rata portion of your paid Service Fees.

3. Except as expressly set forth above, IMB Fs’s actions in exercising its rights hereunder shall not relieve you from your obligations under the General Terms and Service contract terms.

11. YOUR OBLIGATIONS AS USER

1. You understand and agree that you are fully responsible, and contractually liable, for all transactions performed and actions conducted on your account by means of your Login details, whether by you or by third parties.

2. You undertake to:

1. take all steps possible for maintaining the confidentiality of your Login details;

2. immediately notify IMB FS of any unauthorized use of your Login details or account or any other breach of security;

3. You hereby indemnify IMB FS, to the fullest extent permitted by law, against loss suffered by you, by third parties or by IMB FS due to any failure on your part to maintain the confidentiality of your Login details.

4. You are solely responsible for any costs, such as third party charges by internet service providers or mobile phone networks, incurred in obtaining access to the Services, and for the provision and maintenance of all equipment necessary for you to access the Services.

5. You agree that you will not:

1. access the Services by any means other than through the interface system provided by IMB FS for accessing the Services;

2. disclose your Login details to a third party, nor in any manner permit a third party access to the Services;

3. engage in any manipulation of the Services for purposes other than as agreed upon;

4. violate, or attempt to violate, the rights of third parties by means of the Services,

5. interfere with or disrupt any Service, any servers or networks connected to the Service or IMB FS's Websites,

6. contravene any requirements, procedures, policies or regulations of networks connected to the Service,

7. contravene any applicable local, national or international laws or regulations pertaining to your use of the Services,

8. use the Services or IMB FS's Websites in a manner that infringes other parties' intellectual property rights, privacy rights or rights of publicity;

9. introduce viruses or other harmful computer programming routines into the Services or IMB FS's Websites;

10. use any robots, spiders, or any other automatic devices or processes to monitor or copy any portion of the Services or IMB FS's Websites; or

11. probe, scan or test the vulnerability of the Services or IMB FS's Websites, or breach the security or authentication measures thereof.

6. You agree that you will:

 

1. provide accurate, current and complete information about yourself (the "Registration Data") as required on the Service's registration form;

2. promptly update your Registration Data to keep it accurate, current and complete, by advising IMB FS's Call Centre at 087 941 3251 of any changes thereto.

7. By accessing the Services, you warrant that you are not in a country where the use of the Services is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the use of the Services.

12. DISCLAIMERS

1. You understand and agree that the Services are provided on an "as is" and "as available" basis which is subject to change at any time without notice to you and that IMB FS shall incur no liability if you were to suffer any loss as a consequence of any failure of the Services whatsoever.

2. IMB FS expressly disclaims all warranties, whether express, tacit or implied, as to the quality of the Services or their suitability for any particular purpose. Specifically , and without limitation, IMB FS makes no warranty that:

1. the Services will be uninterrupted, reliable, timely, secure, or error free ;

2. the Services will meet your requirements;

3. the quality of any products, services, information, or other material purchased or obtained by you through the service(s) will meet your expectations, and

4. any errors in any software or content will be corrected.

3. IMB FS expressly disclaims all warranties, whether express, tacit or implied, as to the quality, content, suitability or safety of third-party websites or resources accessed through or by means of the Services, and shall incur no liability if you were to suffer loss as a consequence of accessing such websites or resources.

4. IMB FS expressly disclaims all warranties, whether express, tacit or implied, as to the quality, content, suitability or nature of products, goods or services which are advertised or promoted by means of the Services.

5. You understand and agree that any transactions which you may conclude with advertisers introduced to you by means of the Services will be directly between you and such advertisers, that IMB FS will not be a party to such transactions, and that IMB FS shall incur no liability if you were to suffer loss as a consequence of transactions concluded with advertisers.

6. IMB FS has taken all necessary and reasonable precautions to secure any financial information which may be provided by you to process and receive payment for the Services. IMB FS can therefore not be held responsible for any security breaches occurring on your electronic device (i.e mobile phone or Personal Computer or other electronic device used to browse IMB FS's Website), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device.

7. No advice or information, whether oral or written, which you may obtain from IMB FS or its agents, shall create any warranty not expressly stated in the General Terms and the Service contract terms.

13. LIMITATION OF LIABILITY

1. IMB FS shall in no event be liable for direct, indirect, incidental, special, consequential or exemplary damages, any loss of actual or anticipated profits (including loss of profit on contracts), revenue, business, opportunity, anticipated savings, use of money, goodwill, reputation, use, data or any other intangible losses (even if IMB FS has previously been advised of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise), resulting from:

1. the use or the inability to use any of the Services;

2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services;

3. unauthorized access to or alteration of your transmissions or data;

4. expiry or used status of prepaid vouchers 10 days after vending;

5. statements or conduct of any third party on or through any service; or

6. any other matter relating to the Services.

2. Without limiting the foregoing, IMB FS's total liability arising from the General Terms and the Service contract terms and pertaining to the Services shall in no event exceed 100% of the aggregate amounts paid or payable by you to IMB FS for the Services.

14. INDEMNITY BY USER

You agree to indemnify, defend and hold harmless IMB FS, its subsidiaries, affiliates, officers, agents and employees, from any claims which may be brought by third parties arising from your use of the Services.

15. NOTICES

Notices will be displayed on our website or once when you log on to the Services. By using IMB FS’s Website or communicating with IMB FS by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

16. TRADEMARK INFORMATION

The "IMB FS" trademark and all other logos, trademarks, service marks and product and service names associated with IMB FS and/or the Services (the "IMB FS Marks")are owned by IMB FS or its affiliates or vendors. You agree not to display or use in any manner the IMB FS Marks without prior permission from IMB FS.

17. GOVERNING LAWS & JURISDICTION

1. The construction and validity of the General Terms and Service contract terms and the relationship between you and IMB Funeral Policy shall be governed by the laws of the Republic of South Africa.

2. You agree that the agreement between IMB FS and you, as governed by these General Terms and Service contract terms, will come into effect at the time and place of the acceptance by IMB FS of your application to use the Services.

18. INTERPRETATION

If any provision of the General Terms and / or Service contract terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the General Terms and Service contract terms shall remain in full force and effect.

COMMUNICATION DISCLAIMER

If you are not the intended recipient, you may not under any circumstances disclose, copy, distribute or take action that relies on the content of this information, as doing so may be unlawful.

Any reference to IMB FS is inclusive of its subsidiaries, associated companies, divisions and employees.

No warranty or representations whatsoever are made by IMB FS regarding the information contained in this communication. No warranty is given that that this communication is free from viruses

IMB FS will not be liable or responsible for any damages whatsoever that relates to the use of the information contained in this communication or the non-delivery or delayed delivery of any communication to its intended recipient.

The contents and any views expressed in the contents are, unless otherwise stated, the views of the author and not those of IMB FS or any of its management or directors. Information in the form of data messages and any attachments thereto will be legal, valid and enforceable on IMB FS only if an authorised IMB FS employee has confirmed or consented to the communication.

There are instances where IMB FS does contract using electronic communication, such as facilitating Internet switches. In cases where contracts are concluded using electronic communication IMB FS considers such contracts to have been concluded in Woodstock at the registered office of IMB FS.

In certain instances IMB FS will communicate with its clients using electronic communication. Such electronic communication will at all times be subject to the terms and conditions contained in this document.