TERMS CONDITIONS FOR SOCIAL MEDIA AND INTERNET USE
“Social Media Platform” refers to any platform associated with, provided for or offered by Iemas 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 Iemas website or social media platforms, notwithstanding the fact that such a person only visited the home page of the Iemas website or social media page.
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.
2.1 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 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 the Iemas 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, 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 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 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 Iemas 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 Iemas permits the User to view, download and print the content of the Iemas 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 Iemas 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 Iemas. Users may only access and use the Iemas website or social media platform for personal purposes.
• 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 platforms for any purposes, without the prior written consent of Iemas.
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 Iemas at any time without giving reasons therefore.
3.6 If you see something on a social media platform that you believe violates Iemas’ terms, you should report it to Iemas. 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 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 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.
Iemas 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.
Iemas 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 Iemas. 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 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.
6.4 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.
7. Privacy, monitoring and disclosure to third parties
Iemas 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. Iemas 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, 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 Iemas 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.
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. 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 Iemas’ social media platforms on behalf of Iemas. Should anyone without authorisation, for any reason, gain access as an administrator to any of the Iemas social media platforms and publish any content on behalf of Iemas, a criminal charge will be laid against that party and civil damages will be claimed.
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.
10. 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.
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 Iemas 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 Iemas are in the same information system, when it is capable of being retrieved by Iemas.
c. A data message must be regarded as 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 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. Iemas’ 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. Information Disclosures (ECT 43)
a. Full name and legal status of website owner:
Iemas Financial Services 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
Iemas 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
e. Official email address
f. Membership of accreditation bodies
Registrar of Co-Operatives
Financial Services Board
National Credit Regulator
g. Code of conduct to which Iemas subscribes
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
Registrar of Co-Operatives
Financial Services Board
National Credit Regulator
14. 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.
15. 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 Iemas competitions entered into:
- Competitions are open to all Iemas members who have active accounts with Iemas or members who apply for membership and products during competition periods and according to specific competition rules.
- No Iemas employees are allowed to participate in any member competitions.
- Competitions are communicated via email, SMS, Iemas publications, Iemas website, social media platforms and printed material.
- 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.
- Judging and drawing of winners for Iemas competitions are done by Iemas’ Internal Audit Department. Data of entrants is retrieved from Iemas’ database, 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.
- All competitions and prizes are initiated and provided by Iemas only.
- In the event that a prize winner is unable to collect the prize, or 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.
- Iemas reserves the right to publish the names and pictures (when possible) of competition winners in Iemas publications, social media platforms, website and other mediums used by Iemas.
- The cost of sending an SMS to Iemas’ 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 Iemas products and services. Only approved, accepted and activated applications are considered for draws.
- Iemas promotes free and fair participation and no member is forced to participate in any competition.
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Date: 23 January 2019
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Date: 07 November 2018
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 specialising in financing and insurance services to its members and is fully registered in terms of the Co-Operatives Act, Act 14 of 2005 (“Iemas).
For the purposes of this document, any reference to Iemas shall include its subsidiaries.
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. AVAILABILITY OF MANUAL
The manual is available for inspection at the offices of the Information Officer or on Iemas’ 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:
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Date: 14 February 2018
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The Iemas 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 regarding Iemas anonymously, please contact Iemas Internal Audit Services at 012 674 7995 or in writing to the Head: Internal Audit: Iemas Audit Services, Private Bag X924, Pretoria, 0001 or send an e-mail to firstname.lastname@example.org
Alternatively you can contact the Fraud and Ethics hotline toll free on 0800 21 26 24.
IIemas 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, share, comment or post 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 email@example.com 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:
• Google +
Users of the above mentioned 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.
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. Iemas Financial Services (Co-Operative) Limited and Iemas Insurance Brokers (Pty) Ltd (“Iemas” and its subsidiaries) 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. Iemas or its subsidiaries employees or representatives are not allowed or permitted to send unsolicited emails (“spam”). Iemas and its subsidiaries however cannot be held liable from such spam. If you regard the email as spam, please inform us immediately by sending an email to firstname.lastname@example.org
Unless otherwise agreed:
- Iemas and its subsidiaries consider to have received an email once Iemas or its subsidiaries has confirmed receipt to you;
- Iemas and its subsidiaries consider 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 employment with Iemas or its subsidiaries 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 Iemas may send. If you have any questions on the above disclaimer, please get in contact with us at: email@example.com