TERMS CONDITIONS FOR SOCIAL MEDIA AND INTERNET USE
“Social Media Platform” refers to any platform associated with, provided for or offered by iMasFinance and its subsidiaries, that enable online interaction by engaging users to participate in, comment on and create content as means of communicating with their social media audience.
“Users” means any person who enters or uses the iMasFinance website or social media platforms, notwithstanding the fact that such a person only visited the home page of the iMasFinance website or social media page.
1. Access
Any User accessing this website is subject to, and agrees to, these terms and conditions. If the User does not wish to be bound by these terms and conditions, the User may not access, display, use or download and/or otherwise copy or distribute content obtained on this website, and must leave this website or social media platform immediately.
2. Disclaimer
2.1 The use of the content of this website is at the User’s own risk. The User assumes full responsibility and risk of loss resulting from the use of the content of the iMasFinance website. iMasFinance or its employees will not be liable for any direct, indirect, special, incidental, consequential, punitive or any other damages whatsoever, whether in an action of contract, statute, or otherwise, relating to the use of the iMasFinance website, a social media platform or its information by the User or any third party who obtained any content from the User.
2.2 Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, iMasFinance shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website, social media platforms or the services or content provided from and through this website.
2.3 Certain links on the website may lead to resources maintained by third parties over whom iMasFinance has no control. iMasFinance makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources. iMasFinance is not responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.
2.4 By making use of any social media platform, you indemnify iMasFinance against all and / or any direct or indirect damages, liability and costs whether directly or indirectly associated with the content you published on the social media platform.
2.5 iMasFinance does not represent or warrant that the website or social media platform, any tools (such as calculators), software, advice, opinion, statement, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such tools, software, advice, opinion, statement or information shall be at your own risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.
3. Allowed use and licence
3.1 iMasFinance permits the User to view, download and print the content of the iMasFinance website and social media platforms, provided that such content is used for personal, educational and/or non-commercial purposes only.
3.2 Content from the iMasFinance website or social media platforms shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of iMasFinance. Users may only access and use the iMasFinance website or social media platform for personal purposes.
3.2.1 If any User is in breach of the provisions set out in these terms of use:
• iMasFinance reserves the right to claim damages from the User;
• iMasFinance reserves the right to institute criminal and / or civil proceedings against the User; and
• iMasFinance shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
3.3 Hyperlinks to the iMasFinance website from any other source shall be directed at the home page of the iMasFinance website. iMasFinance shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the iMasFinance website, if such content was accessed through a hyperlink not directed at the home page of the iMasFinance website. Persons who wish to link to content beyond the home page of the iMasFinance website shall do so at their own risk and indemnify iMasFinance against any loss, liability or damage that may result from the use of content from the iMasFinance website, if such content was accessed through a hyperlink not directed at the home page of the iMasFinance website.
3.4 Apart from bona-fide search engine operators and use of the search facility provided on the iMasFinance website by users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the iMasFinance website or social media platforms for any purposes, without the prior written consent of iMasFinance.
3.5 All licences and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by iMasFinance at any time without giving reasons therefore.
3.6 If you see something on a social media platform that you believe violates iMasFinance’ terms, you should report it to iMasFinance. Reporting of content does not guarantee that it will be removed from the site.
4. Intellectual property rights and domain name use
All intellectual property on the iMasFinance website and the social media platforms, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to iMasFinance and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on the iMasFinance website are expressly reserved.
5. Changes
iMasFinance reserves the right to change the existing terms and conditions of the use of any website and / or social media platform at any time. Changes to these terms and conditions of use will take effect upon such changes being posted on this website. It is the User’s obligation to periodically check this websites’ terms and conditions for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.
iMasFinance further reserves the right to remove any content published by Users and may escalate to law enforcement when perceived as a genuine risk of physical harm, or a direct threat to public safety.
6. Social media platforms
6.1 Users are permitted to speak freely on matters and people of public interest, but take action on all reports of abusive behaviour directed at private individuals or iMasFinance. Repeatedly targeting other Users with unwanted requests or messages is a form of harassment.
6.2 Users may not threaten, defame or harass others.
6.3 iMasFinance also prohibits promoting, planning or celebrating any of your actions if they have, or could, result in any possible harm to others or iMasFinance.
6.4 While it is encouraged to challenge ideas, institutions, events, and practices, iMasFinance does not permit individuals or groups to attack others or iMasFinance based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.
7. Privacy, monitoring and disclosure to third parties
iMasFinance will not make personal information collected from the User available to any outsider, unless the User consents, we are legally compelled to do so, we have to protect our rights, or if it is in the public’s interest. iMasFinance may provide your information to other service providers that handle information on our behalf. We gather and analyse information on our visitors’ routine use of this website. We use this information to monitor which areas of the website are most frequently visited, to assist us to better our services and products. This information is pooled so individual personal information, behaviour or patterns cannot be identified. Whenever we commission other organisations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our customers’ personal information to perform such services.
Subject to the provisions of the Regulation of Interception of Communications Act 70/2002, iMasFinance may intercept, block, filter, read, copy, disclose and use all communications received on this website. Our website may contain links to or from other sites, and iMasFinance is not responsible for the content or the security or privacy practices employed by other sites. It is in the User’s interest to read the privacy and security statements on these sites.
8. Security
iMasFinance has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a User’s information. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. It is expressly prohibited for any person or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. If anyone delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that party and civil damages will be claimed.
Only authorised persons have permission and access to use iMasFinance’ social media platforms on behalf of iMasFinance. Should anyone without authorisation, for any reason, gain access as an administrator to any of the iMasFinance social media platforms and publish any content on behalf of iMasFinance, a criminal charge will be laid against that party and civil damages will be claimed.
9. Hyperlinks
Any links, hyperlinks or deep links, to this website, framing of any page on this website, including the home page, in any way whatsoever, without the prior written approval of iMasFinance is expressly prohibited.
10. Cancellation of mailings lists (ECT 45)
If you receive any unwanted SMS or e-mail communications from iMasFinance, you are entitled to request iMasFinance to disclose to you where we obtained your particular details, and to be removed from their mailing lists.
11. Cookies
iMasFinance may use Cookies (small text files stored in a User’s browser) or web beacons (electronic images that allow this website to count users who have accessed a particular page and to access certain Cookies) to ensure that the website is well managed and may use Cookies to collect aggregate data. iMasFinance may use such devices from time to time to track information on its systems and identify categories of users by items such as IP address, domain, browser type and pages visited the User’s name or email address.
12. Formation of agreement (ECT 21)
12.1. Formation of contracts.
a. An agreement concluded by means of data messages as defined in the Electronic Communications and Transactions Act 25 OF 2002 (“ECT”), is concluded at the time when and place where the acceptance of the offer was received by the offeror.
b. A data message used in the conclusion or performance of any agreement between iMasFinance and the User must be regarded as been sent by the user when it enters an information system outside the control of the User or, if the User and iMasFinance are in the same information system, when it is capable of being retrieved by iMasFinance.
c. A data message must be regarded as been received by iMasFinance if and when the complete data message enters an information system designated or used for that purpose by iMasFinance and iMasFinance responds thereto.
d. A data message must be regarded as been sent from the originator’s usual place of business or residence in the RSA and has been received at the addressee’s usual place of business or residence in the RSA. iMasFinance’ usual place of business will be Centurion.
12.2. As between the originator and the addressee of a data message an expression of intent or other statement is not without legal force and effect merely on the grounds that –
a. it is in the form of a data message; or
b. it is not evidenced by an electronic signature, but by other means from which such person’s intent or other statement can be inferred.
12.3. A data message is that of the originator if it was sent by –
a. the originator personally;
b. a person who had authority to act on behalf of the originator in respect of that data message; or
c. an information system programmed by or on behalf of the originator to operate automatically unless it is proved that the information system did not properly execute such programming.
12.4. An acknowledgement of receipt of a data message sent to the user is not necessary to give legal effect to that message.
13. Using and Sharing the User’s Personal Information
13.1 The User consents to iMasFinance lawfully and reasonably collecting personal information from public sources for credit, fraud and all compliance purposes in terms of legislation.
13.2 In the event the User provides iMasFinance with personal information about or on behalf of another person, the User confirms that the User is authorised to:
- Provide iMasFinance with the personal information;
- Consents on their behalf that iMasFinance may process their personal information;
- Receive any privacy notice on their behalf.
13.3 The User expressly and freely consents that iMasFinance may process the User’s personal information:
- To provide credit and/or services to the User in terms of any agreement entered into with iMasFinance;
- To carry out any statistical or other analyses to enable iMasFinance to identity markets and trends, evaluate and improve service and/or develop new products and services;
- To share the User’s personal information with any third party service providers, whether local or international. Should any third party need any access to the User’s personal information, they will be obliged to agree to the privacy policies of iMasFinance;
- All our policies are available on our website or may be requested from head office.
13.4 On the User providing consent, iMasFinance may use their personal information to contact the User about any credit, services or offers that may interest the User. iMasFinance will contact the User via an elected mode of communication which may include SMS, email , telephone or post. The User can at any time inform iMasFinance to opt-out of the option in accordance with the iMasFinance privacy notice.
14. Information Disclosures (ECT 43)
a. Full name and legal status of website owner:
iMasFinance Co-Operative Limited and all it’s subsidiaries, a Co-Operative with limited liability, duly registered in terms of the Statutes of the Republic of South Africa.
b. Registered and Physical address
iMasFinance Park South, Corner of Embankment Road and Kwikkie Crescent, Centurion, 0046.
This address also serves as domicilium citandi et executandi.
c. Official telephone number
Tel: 012-674 7000
d. Official website address
www.iMasFinance.co.za
e. Official email address
Francois.vanDyk@imasfinance.co.za
f. Membership of accreditation bodies
Registrar of Co-Operatives
Financial Services Board
National Credit Regulator
g. Code of conduct to which iMasFinance subscribes
None
h. Registration number and names of office bearers
Registration number: 1996/000001/24
CEO: Banie van Vollenhoven
i. Main characteristics of the goods or services offered
Finance, insurance and financial advisory services.
j. Alternative dispute resolution code subscribed to
None
k. Regulators
Registrar of Co-Operatives
Financial Services Board
National Credit Regulator
15. Entire agreement and severability
These terms and conditions of use constitute the agreement between iMasFinance and the User of this website. Any failure by iMasFinance to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision. If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
16. Jurisdiction and applicable law
The User consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of section 28 of the Magistrate’s Court Act as amended in respect of any dispute flowing from the use of this website or other electronic communications and transactions. The law of the South Africa shall govern and apply to this agreement.
The following general rules apply to all iMasFinance and its subsidiaries’ competitions entered into:
- Competitions are generally open to iMasFinance members and clients who have active accounts with iMasFinance or persons who apply for iMasFinance membership, products or services during competitions and according/subject to specific competition rules;
- No iMasFinance employees (both permanent and non-permanent), representatives, suppliers or contractors are allowed to participate in any member competitions, unless advised otherwise;
- In certain instances competitions will be available for single or across multiple entities and at different occasions/times based on specific competition rules;
- Competitions are communicated via: e-mail, sms, publications, dedicated websites, digital (social) media platforms and printed material;
- Members, clients and persons who apply for membership (approved, accepted and active), who meet qualifying criteria for a competition are automatically entered into such competition. No entries after the closing date of a competition will be considered;
- Judging and drawing of winners for competitions are done by iMasFinance Internal Audit Department. Data of entrants is retrieved from different sources, and only qualifying entries falling within the competition dates are retrieved;
- The judges’ decision is final and no correspondence will be entered into;
- Winners of prizes will be informed within 31 days after the draw. Prizes will be awarded to winners within 31 days of informing entrants of winning a prize, unless specific competition rules apply;
- All competitions and prizes are initiated and provided only by iMasFinance or its subsidiaries;
- In the event that a prize winner is unable to collect the prize, does not want the prize or the winner cannot be contacted, a re-draw of all the entrants will then take place to draw a new winner/s. The same rules will apply for the new winner/s;
- iMasFinance and its subsidiaries reserves the right to publish the names and pictures (when possible) of competition winners in publications, digital (social) media platforms, website and other mediums that can be used. You agree and consent that we may use your personal information for use on different communication mediums;
- The cost of sending an sms to iMasFinance, short code number, 32297, is R1.00 per sms, which is for the sender’s account;
- Standard terms, conditions and qualifying criteria are applicable when applying for iMasFinance and its subsidiaries products and services. Only approved, accepted and active applications are considered for draws, except where stated otherwise
- We promote free and fair participation where needed or required and no person is forced to participate in a competition;
- You are welcome to contact us directly if you would like to be excluded from any or all competitions;
- Please read each competitions rules carefully so that you understand its specific terms and conditions.
MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, ACT 2 OF 2000, AS AMENDED
A. INTRODUCTION TO ENTITY
For the purposes of this document, any reference to iMasFinance shall include its subsidiaries. The power for purposes of the Act is delegated to the Group Manager: Corporate Governance & Collections who will be referred to as the Information Officer.
B. AVAILABILITY OF MANUAL
The manual is available for inspection at the offices of the Information Officer or on iMas Finance's website www.imasfinance.co.za. Click the below links to view the PAIA Manual and FORM C:
The iMasFinance Ethics and Fraud Hotline is designed to enable stakeholders, including external parties, to raise unethical related matters and concerns via a properly governed structure. Should you wish to report allegations of fraud or corruption anonymously, please contact us on: 0800 000 463 (toll free) | SMS: 33490 | iemas@whistleblowing.co.za | www.whistleblowing.co.za/make-a-report
You can also use the QR code below and fill in the Whistle Blowers from to report fraud. Simply take a photo of the code with your mobile phone. The form will open automatically.
iMasFinance and its subsidiaries pride itself on being professional entities that share the following core values which are at the heart of the business: dignity, respect, integrity, accountability and ownership. We want to hear from both our members and the public and invite all to share, comment or post (including using electronic tools and their functionalities) to our digital (social) media platforms, within certain parameters. We expect that all shares, comments or posts are lawful, respectful, non-offensive and tolerant of others.
Any share, comment or post made either in a public or private domain can have certain consequences and reside in cyberspace for many years to come, therefore the below rules apply.
iMasFinance and its subsidiaries will not tolerate, without limitation, shares, comments or posts which are:
- Unlawful, defamatory, harassing, profane, threatening, abusive, discriminatory, racist, sexist, homophobic or hateful;
- Pornographic, obscene, indecent, lewd or suggestive;
- Infringing on intellectual property rights or personality rights of others;
- Encouraging or assisting the commission of any criminal or unauthorised act;
- Invading privacy rights and unlawfully disclosing personal or confidential information of others (such as contact details);
- Unsolicited promotions, advertising or spam;
- Otherwise objectionable and in the absolute discretion of iMasFinance and its subsidiaries
If you notice that any of the above rules have been violated, please notify us by email and in good faith to: marketing@imasfinance.co.za and we will investigate the matter as a matter of urgency.
If any of the above rules are negatively impacted or violated, we reserve the right to block, ban and motivate removal of a user from any of our digital (social) media platforms or those that refer to or include us.
The digital (social) media platforms that these house rules apply to, include:
- Blog
- YouTube
Legal:
Users of the above platforms are solely responsible for the videos, visuals, attachments and any other material that they share, comment or post on. We take no responsibility and assume no liability for any content of users as such content does not necessarily reflect the opinions, endorsement, support or views of iMasFinance and its subsidiaries. We do not warrant the accuracy or correctness of any statement or product claim made. We may amend this document at any time without notice, and such amendments shall be deemed to have taken effect from the date of publication thereof.
Where you share, comment or post information on a digital (social) media platform, or where you request feedback from us on such platforms, kindly note that protection of personal information is important to us whilst promoting compliance with relevant laws, therefore do not place details like: your cell phone number, contact details, email address, personal details or confidential information on any shares, comments or posts. You are welcome to direct message or contact us directly so as to protect your personal information.
If you are not the intended recipient (correct person) kindly:
- Notify the sender of the email immediately by sending a return email or telephone the sender and then delete the email;
- Do not reproduce, disseminate, copy, disclose, modify, transfer, distribute and/or publish the email as it is strictly prohibited.
The information of the email message which also includes attachments is confidential and may be subject to legal privilege and client confidentiality. iMasFinance (Co-Operative) Limited and Iemas Insurance Brokers (Pty) Ltd” and its subsidiaries (“iMasFinance Group”) cannot be held liable for any loss, harm or damages that results from: corruption of data, destruction, incompleteness, interference, late arrival, tampering, malicious software, or viruses in this email or attachments. iMasFinance Group employees or representatives are not allowed or permitted to send unsolicited emails (“spam”). iMasFinance Group however cannot be held liable from such spam. If you regard the email as spam, please inform us immediately by sending an email to legal@imasfinance.co.za
Unless otherwise agreed:
- iMasFinance Group considers to have received an email once iMasFinance Group has confirmed receipt to you;
- (b) iMasFinance Group considers to have sent an email once reflected as “sent” on the email server. If the email contains offensive, derogatory or defamatory statements or materials, it means the email has been sent outside the sender’s scope of contract with iMasFinance Group and only the sender can be held liable in a personal capacity. This disclaimer applies to our original email, any attachments and all subsequent emails or attachments iMasFinance Group may send. If you have any questions on the above disclaimer, please get in contact with us at: legal@imasfinance.co.za
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