Legal

TERMS CONDITIONS FOR SOCIAL MEDIA AND INTERNET USE

“Social Media Platform” means is a platform associated with, provided or offered by Iemas that enable the interactive web interaction by engaging users to participate in, comment on and create content as means of communicating with their social graph

“Users” means any person who enters or uses the Iemas website or Social Media Platform, notwithstanding the fact that such a person only visited the home page of the Iemas website Social Media Platform.

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 at 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 an Iemas website. Iemas 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 an Iemas website, a Social Medial 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, Iemas 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 Platform or the services or content provided from and through this website.

2.3 Certain links in the web server may lead to resources maintained by third parties over whom Iemas has no control. Iemas makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources. Iemas 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 Iemas 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 We do 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 sole 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 license

3.1 Iemas licenses the user to view, download and print the content of the Iemas website and Social Media Platform, provided that such content is used for personal, educational and/or non-commercial purposes only.

3.2 Content from the Iemas website or Social Media Platform shall not be used or exploited by users for any commercial and non-private purposes without the prior written consent of Iemas. Users may only access and use the Iemas 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:

  • Iemas reserves the right to claim damages from the User;
  • Iemas reserves the right to institute criminal and / or civil proceedings against the user; and
  • Iemas 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 Iemas website from any other source shall be directed at the home page of the Iemas website. Iemas shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Iemas website, if such content was accessed through a hyperlink not directed at the home page of the Iemas website. Persons who wish to link to content beyond the home page of the Iemas website shall do so at their own risk and indemnify Iemas against any loss, liability or damage that may result from the use of content from the Iemas website, if such content was accessed through a hyperlink not directed at the home page of the Iemas website.

3.4 Apart from bona-fide search engine operators and use of the search facility provided on the Iemas 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 Iemas website or Social Media Platform for any purposes, without the prior written consent of Iemas;

3.5 All licenses 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 Iemas at any time without giving reasons therefore.

3.6 If you see something on a Social Media Platform that you believe violates our terms, you should report it to us. 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 Iemas website and the Social Media Platform, 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 Iemas 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 Iemas website are expressly reserved.

5. E-mail disclaimer

All our e-mail messages and their attachments contain information which may be confidential, private or privileged in nature and is subject to legal privilege. Therefore, if you are not the intended recipient, you are prohibited from pursuing, disseminating, altering, distributing, forwarding, storing or copying this message (or part thereof) or file (or part thereof) which is attached to this message and any action in reliance on the contents of this e-mail or its attachments is prohibited. If you have received this message in error, please notify the sender by e-mail, telephone or facsimile and thereafter return, delete and/or destroy the original message from your system. Remember that the other terms and conditions on this website are also applicable. Please note that the recipient must scan this e-mail and any attached files for viruses and the like. Iemas accepts no liability of whatever nature for any loss, liability, damage or expense (of whatsoever nature and arising from whatsoever cause and whether such loss, damages, liability or expense is actual, contingent, consequential, direct or indirect) resulting directly or indirectly from the message itself or the access to any files which are attached to this message, and without derogating from the generality hereof, from malicious software code or viruses in this message or attachments, including data corruption resulting there from. Opening of the message itself or any files that are attached to this message, is therefore at the sole risk of the recipient. None of our employees or representatives is permitted to send unsolicited messages (“spam”) and our company cannot be held liable therefore.

Any recipient of an unacceptable communication, spam, derogatory statements, defamatory statements, a chain letter or offensive material of any nature is requested to report it to Iemas at the following e-mail address. Should this message contain an unacceptable communication, spam, derogatory statements, defamatory statements, a chain letter or offensive material of any nature, it means that the message has been sent outside the sender’s scope of employment with Iemas and only the sender can be held liable in his/her personal capacity.

6. Changes

Iemas reserves the right to change these 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 to this website. It is the user’s obligation to periodically check these terms and conditions of use at this website 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.

Iemas further reserves the right to remove any content published by users and may escalate to law enforcement when we perceive a genuine risk of physical harm, or a direct threat to public safety.

7. Social Media Platform

7.1 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 Iemas. Repeatedly targeting other users with unwanted requests or messages is a form of harassment.

7.2 Users may not credibly threaten, defame or harass others. Organizations or persons with a record of social media are not allowed to maintain a presence on any Social Media Platform.

7.3 Iemas also prohibits promoting, planning or celebrating any of your actions if they have, or could, result in any possible harm to others or Iemas.

7.4 While it is encouraged to challenge ideas, institutions, events, and practices, Iemas does not permit individuals or groups to attack others or Iemas based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.

8. Privacy monitoring and disclosure to third parties

Iemas will not make personal information that we collect from you available to any outsider, unless you consent, we are legally compelled to do so, we have to protect our rights, or it is in the public interest. Iemas may provide your information to other service providers that handle information on our behalf. We gather and analyze 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 organizations 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, Iemas 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 we are not responsible for the content or the security or privacy practices employed by other sites. It is in your interest to read the privacy and security statements on these sites.

8. Privacy monitoring and disclosure to third parties

Iemas will not make personal information that we collect from you available to any outsider, unless you consent, we are legally compelled to do so, we have to protect our rights, or it is in the public interest. Iemas may provide your information to other service providers that handle information on our behalf. We gather and analyze 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 organizations 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, Iemas 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 we are not responsible for the content or the security or privacy practices employed by other sites. It is in your interest to read the privacy and security statements on these sites.

7. Security

Iemas 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. Authorized 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 unauthorized access to any page on this website, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this website. If anyone delivers or attempts to deliver any unauthorized, damaging or malicious code to this website or attempts to gain unauthorized access to any page on this website, a criminal charge will be laid against that party and civil damages will be claimed.

8. 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 Iemas is expressly prohibited.

9. Cancellation of mailings lists (ECT 45)

If you receive any unwanted SMS or e-mail communications from Iemas, you are entitled to request Iemas to disclose to you where we obtained your particular details, and to be removed from their mailing lists.

WASPA Code of conduct

10. Cookies

Iemas 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. Iemas 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 e-mail address.

10. Formation of agreement (ECT 21)

10.1. 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 Iemas and the user must be regarded as having been sent by the user when it enters an information system outside the control of the user or, if the user and Iemas are in the same information system, when it is capable of being retrieved by Iemas.

c. A data message must be regarded as having been received by Iemas if and when the complete data message enters an information system designated or used for that purpose by Iemas and Iemas responds thereto.

d. A data message must be regarded as having been sent from the originator’s usual place of business or residence in the RSA and as having been received at the addressee’s usual place of business or residence in the RSA. Iemas’ usual place of business will be Pretoria.

10.2. 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.

10.3. 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.

10.4. An acknowledgement of receipt of a data message sent to the user is not necessary to give legal effect to that message.

11. Information Disclosures (ECT 43)

a. Full name and legal status of web site owner:

Iemas Financial Services Co-operative Limited, a co-operative with limited liability, duly registered in terms of the Statutes of the Republic of South Africa.

b. Registered and Physical address

Iemas Park South, Corner of Embankment road and Kwikkie street, Centurion, 0046.

This address also serves as domicilium citandi et executandi.

c. Official telephone number:
Tel: 012-674 7000

d. Official web site address
www.iemas.co.za

e. Official e-mail address
madelein.barkhuizen@iemas.co.za

f. Membership of accreditation bodies
Registrar of Co-Operatives
Financial Services Board
National Credit Regulator

g. Code of conduct to which Iemas subscribes
None

h. Registration number and names of office bearers
Registration number: 1996/000001/24
CEO: Johan Nel

i. Main characteristics of the goods or services offered
Finance, insurance and financial advisory services.

j. Alternative dispute resolution code subscribed to
None

12. Entire agreement and severability

These terms and conditions of use constitute the agreement between Iemas and the user of this website. Any failure by Iemas 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.

13. 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 web site or other electronic communications and transactions. The law of the South Africa shall govern and apply to this agreement.

BBBEE Certificate
File size: 2 MB
Date: 14 March 2017
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Escalated Complaint’s Form
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Date: 04 October 2013
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Complaints Management Policy
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Date: 08 October 2013
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Budget template
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Date: 08 October 2013
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The following general rules apply to all Iemas competitions entered into:

  1. Competitions are open to all Iemas members who have active accounts with Iemas or members who apply for membership and products during competitions and according to specific competition rules.
  2. No Iemas employees are allowed to participate in any member competitions.
  3. Competitions are communicated via e-mail, SMS, Iemas publications, Iemas website and printed material.
  4. Members who qualify for a specific competition are automatically entered into the competition. No entries after the closing date of a competition will be considered for any prizes.
  5. Judging and drawing of winners for Iemas competitions are done by Iemas’s Internal Audit Department. Data of entrants is retrieved from Iemas’s database, and only qualifying entries falling within the competition dates are retrieved.
  6. The judges’ decision is final and no correspondence will be entered into.
  7. Winners of prizes will be informed within 28 days after the draw. Prizes will be awarded to winners within 28 days of informing entrants of winning a prize.
  8. All competitions and prizes are initiated and provided by Iemas only.
  9. Prizes must be redeemed within 7 days after informing the winner.
  10. In the event that a prize winner is unable to collect the prize, does not want the prize or Iemas can not get hold of the winner, Iemas may do a re-draw of all the entrants to draw a new winner/s. The same rules will apply for the new winner.
  11. Iemas reserves the right to publish the names and pictures (when possible) of competition winners in Iemas publications and other mediums used by Iemas.
  12. The cost of replying to an SMS sent by Iemas is R0.31, which is for the sender’s account.
  13. The cost of sending an SMS to Iemas’s short code number, 32297, is R1.00 per SMS, which is for the sender’s account.
  14. Standard terms, conditions and qualifying criteria are applicable when applying for Iemas products and services. Only approved, accepted and active applications are considered for draws.
  15. Iemas promotes free and fair participation and no member is forced to participate in a competition.

MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, ACT 2 OF 2000

A. INTRODUCTION TO ENTITY

Iemas Financial Services (Co-operative) Ltd is a financial service provider specializing in financing and insurance services to its members and is fully registered in terms of the Co-operatives Act, Act 14 of 2005. The power for purposes of the Act is delegated to the Group Manager, Secretarial and Legal Services, who will be referred to as the Information Officer.

B. PARTICULARS OF THE SECTION 51 MANUAL

1. Contact details

Postal address/Physical address:

The Information Officer Iemas Park South
Iemas Financial Services (Co-operative) Ltd
1249 Embankment Road
Private Bag X924 Centurion
Pretoria
0001

E-mail address: Madelein.barkhuizen@iemas.co.za

Telephone: 012 674 7000

Website: www.iemas.co.za

Fax: 012 674 7043

2. Section 10 Guide

Should you require any clarity about or assistance with the Act, you are referred to the Guide that must be published by the Human Rights Commission in terms of section 10 of the Act. This Guide will inter alia include the process that needs to be followed in order to request access to records as well as details of prescribed fees payable in respect of requests for records. Any queries in this regard can be directed to:

The South African Human Rights Commission
PAIA Unit
Private Bag 2700
Houghton
2041

Telephone: 011 484 8300
Fax: 011 484 0582
E-mail: PAIA@sahrc.org.za

3. Types of records:

3.1 Records available in terms of other legislation

All records kept in terms of legislation applicable to Iemas or any of its subsidiaries are available in accordance with the said legislation. This includes:

 

  • Basic Conditions of Employment Act (75 of 1997)
  • Co-operatives Act (14 of 2005)
  • Companies Act (61 of 1973)
  • Compensation for Occupational Injuries and Diseases Act (130 of 1993)
  • National Credit Act (34 of 2005)
  • Employment Equity Act (55 of 1998)
  • Financial Advisory and Intermediary Services Act (37 of 2002)
  • Income Tax Act (58 of 1962)
  • Labour Relations Act (66 of 1995)
  • Long Term Insurance Act (52 of 1998)
  • Occupational Health and Safety Act (85 of 1993)
  • Promotion of Equality and Prevention of Unfair Discrimination Act (4 of 2000 – Regional Services Councils Act (109 of 1985)
  • Short Term Insurance Act (53 of 1998)
  • Skills Development Act (97 of 1998)
  • Skills Development Levies Act (9 of 1999)
  • VAT Act (89 of 1991)

 

3.2 Records available without requesting access in terms of the Act

Iemas has not, in terms of Section 52(2) of the Act, submitted categories of records which are automatically available without a request for access. Certain information is, however, freely available on the website at www.iemas.co.za.

3.3 Records available on request

A requester may request access to the following information subject to the access being denied in terms of the Act:

(i) Human Resources:

“Employee” includes, without limitation, directors, managers, all permanent, temporary and part time staff as well as all contractors.

  • Personal information provided by employees;
  • Information provided by a third party relating to employees;
  • Conditions of employment and other personnel-related contracts;
  • Internal evaluation records and other internal records;
  • Correspondence relating to employees;
  • Training schedules and material;
  • Disciplinary records;
  • Payroll records;
  • Various leave records.

(ii) Member-related records and information:

“Member” includes any natural or juristic entity whose application for membership of the co-operative was approved and who receives services from the co-operative.

  • Any information a member has provided to Iemas;
  • Any information the member has provided to a third party acting on behalf of Iemas;
  • Records generated by or within Iemas pertaining to the member, including transactional records.

(iii) Records pertaining to Iemas

This includes, but is not limited to:

  • Financial records;
  • Operating records;
  • Databases and information technology;
  • Marketing records;
  • Internal correspondence;
  • Records relating to products and services;
  • Statutory records;
  • Internal policies and procedures;
  • Records held by officials of Iemas.
  • Conflict of interest

(iv) Records related to other parties

Iemas may possess records pertaining to other parties, including (but not limited to) contractors, suppliers, subsidiary/holding/sister companies, joint ventures and service providers. Alternatively, such other parties may possess records which can be said belong to Iemas. The following records fall in this category:

  • Employee, member or Iemas records which are held by another party as opposed to being held by Iemas;
  • Records held by Iemas pertaining to other parties, including (but not limited to) financial records, correspondence, contractual records, records provided by the other party and records third parties have provided about contractors/suppliers.

4. Requesting procedure

A person wishing to access the records of Iemas or any of its subsidiaries must complete the necessary request form. This request form is available from the Information Officer or at www.sahrc.org.za or www.doj.gov.za. The form requires the requester to provide inter alia the following information:

  • Sufficient information to enable the Information Officer to identify the requester;
  • Sufficient information to enable the Information Officer to identify the records requested;
  • The form of access required;
  • The requestor’s postal address and fax number;
  • Identification of the right sought to be exercised or protected;
  • An explanation why the specific record is required to exercise or protect the right;
  • The manner in which the requester wishes to be informed of the decision on the request;
  • If the request is made on behalf of a person, the submission of proof of the capacity in which the requester makes the request, to the satisfaction of the Information Officer.

Requesters must note that all of the information on the request form should be provided to the satisfaction of the Information Officer, failing which the process will be delayed until such time that the information is complete.

The time periods prescribed by the Act will not commence until such time as the Information Officer is satisfied that all pertinent information has been furnished to Iemas by the requester.

It is important to note that access to certain records may or must be denied on the grounds set out in the Act. Mandatory grounds for refusal include, but are not limited to:

  • Information for the protection of the privacy of a person;
  • Information for the protection of the commercial and/or confidential information of third parties;
  • Information privileged from production in legal proceedings;
  • Commercial information of Iemas or any of its subsidiaries;
  • Research information;
  • Information which can endanger the safety of an individual.

5. Prescribed fees

The fees payable to Iemas by requesters are the maximum fees prescribed by the Act or any regulations thereto. The Information Officer will inform the requester in writing of any fee payable, and Iemas will withhold all records until all fees have been paid. The fee structure is available at the website www.doj.gov.za under “regulations” or at www.sahrc.org.za.

6. Availability of manual

The manual is available for inspection at the offices of the Information Officer or on Iemas’s website www.iemas.co.za.

It will also be available at the offices of the Human Rights Commission. Click the below links to view the PAIA Manual and FORM C:

PAIA Manual
File size: 70 KB
Date: 05 October 2015
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FORM C
File size: 138 KB
Date: 05 October 2015
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The Iemas Ethics and Fraud Hotline is designed to enable stakeholders, including external parties to raise related matters and concerns via a properly governed structure. Should you wish to report allegations of fraud or corruption regarding Iemas anonymously, please contact Iemas Group Internal Audit Services at 012 674 7995 or in writing to the Group Manager: Iemas Group Audit Services, Private Bag X924, Pretoria, 0001 or send an e-mail to sydneym@iemas.co.za

Alternatively you can contact the Fraud and Ethics hotline toll free on 0800 21 26 24.

Iemas Financial Services prides itself on being a professional entity with the core values of dignity, respect, integrity, accountability and ownership at the heart of our co-operative. We want to hear from both our members and the public and invite all to share, comment or post to our social media platforms. At the same time, we expect that all shares, comments or posts are lawful, respectful, non-offensive and tolerant of others.

Remembering that any share, comment or post made either in a public or private domain can have negative consequences and reside in cyber space for many years to come, please adhere to the following rules:

Iemas Financial Services 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 act.
• Invading privacy rights and unlawfully disclosing personal information of others (such as contact details).
• Unsolicited promotions, advertising or spam.
• Otherwise objectionable in the absolute discretion of Iemas.

If you notice that any of the above rules have been violated, please notify Iemas by means of emailing a complaint in good faith to social@iemas.co.za and we will investigate the complaint as a matter of urgency.

If any of the above rules are violated, Iemas reserves the right to ban a user from any of our digital platforms.

Iemas digital platforms that these house rules apply to, include:

• Facebook
• Twitter
• LinkedIn
• Google +
• Blog
• YouTube
• Instagram

Legal:
Users of the above platforms are solely responsible for the comments, videos, visuals and any other material that they post. Iemas takes no responsibility and assumes no liability for any content posted by users and such content does not necessarily reflect the opinions or views of Iemas. Iemas does not warrant the accuracy or correctness of any statement or product claim made. Iemas may amend these terms at any time without notice, and such amendments shall be deemed to have taken effect from the date of publication thereof.