Terms and Conditions

Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of Oakhurst Insurance Company Limited (“Oakhurst”).

Use

  • Persons/parties using the Oakhurst website for any reason whatsoever, subject themselves to and agree to the terms and conditions and privacy policy of Oakhurst when accessing the website as set out in greater detail below.
  • This website is only intended to provide the user/s with information regarding Oakhurst, its products and services.
  • Oakhurst expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without any prior notice.
  • Nothing on this website shall be construed as an offer by Oakhurst or any of its affiliates or assigns to you, the user, but merely an invitation to do business with yourself.

Ownership & Copyright

  • All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the sole property of or licensed to Oakhurst, and as such, are protected from infringement by domestic and international legislation and treaties.
  • All rights not expressly granted are reserved. The copyright in all content, information, material and logos vesting in Oakhurst shall continue to vest in Oakhurst and no right, title or interest in any proprietary material or information contained in this website is granted to you.
  • Without derogating from the aforegoing, Oakhurst hereby authorises you to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
    1. such content is used for information purposes only;
    2. all moral rights of Oakhurst and its affiliates, assigns, employees or agents are reserved;
    3. such content is used for non-commercial purposes. Without derogating from the aforegoing, you are expressly prohibited from incorporating any material from this website in any other work, publication or website either of your own or belonging to any third party;
    4. any reproduction of the content of this website, or any portion thereof, must include this copyright notice in its entirety;
    5. documents specified in 4. above include the design and layout of this website. Portions of this website are protected by law and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by Oakhurst.

Electronic Communications

By using this website or communicating with Oakhurst by electronic means, the user consents and acknowledges 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”.

Changes and Amendments

  • This website may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this website. Oakhurst reserves the right to make improvements and/or changes or amendments to this website at any time.
  • Oakhurst reserves the right to change and amend the prices and rates quoted on this website without any notice.

Privacy Policy

  • Oakhurst respects your privacy and is committed to privacy protection principles. This privacy policy statement sets out Oakhurst information gathering and dissemination practices.
  • While using this website, information about you may be either collected by us or provided by you. Such information will become the property of Oakhurst. We will have the right to use your information to generate anonymous statistics, which will be our property.
  • Oakhurst may use this personal information to provide you with information regarding our products, services, or events from time-to-time. You may request that Oakhurst cease sending you such information or request that your personal information be removed from our database or mailing list at any time by emailing Oakhurst.
  • You may also request access to any personal information concerning you that Oakhurst holds. The Promotion of Access to Information Act, 2 of 2000 (“PAIA”) set out and regulate how such a request should be made and under what circumstances such access may be refused.
  • You may update or correct your personal information by emailing Oakhurst. You may also view your personal information that we hold and correct it if necessary by written request to Oakhurst.
  • Oakhurst will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to Oakhurst employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of Oakhurst or its associated services or website(s), Oakhurst will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
  • Oakhurst is not responsible for and gives no warranties or make any representations in respect of the privacy policies or practices of linked or any third party websites.
  • Oakhurst reserves the right to alter the terms and conditions of this privacy policy at any time. You will be responsible for reviewing any such changes each time you access the Oakhurst website and your continued use of the website after changes have been posted online, constitutes your acceptance of this policy as modified by the posted changes.
  • If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please contact us.

Transmission of Information

  • The user acknowledges that information transmitted via the Internet, including without limitation email, is susceptible to monitoring and interception. The user is therefore discouraged from transmitting to Oakhurst any information that may be confidential, proprietary or sensitive. The user shall bear all risks of transmitting such information in this manner and under no circumstances will Oakhurst be liable for any loss, harm, or damage suffered by the user as a result thereof. Oakhurst reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Oakhurst deem it necessary.
  • Any information or material sent to Oakhurst will be deemed not to be confidential, unless otherwise agreed in writing by the user and Oakhurst prior thereto.

Links and Linking

  • It is expressly prohibited for any person, business, entity or website to link to any page on this website, including the home page, without the prior written approval of Oakhurst.
  • It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of Oakhurst.

Agreements in terms of section 21 of the electronic communication and transactions act

  • No information or data on this web site is an offer, but merely an invitation to do business.
  • No agreements shall be concluded merely by sending a data message to this web site or its owners, valid agreements require an acknowledgement of receipt from this web site.

Search Technology

It is expressly prohibited for any person, business, 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. Any person who 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 shall be held criminally liable, and in the event that Oakhurst should suffer any damage or loss, civil damages will be claimed.

Disclaimer

This website and the information contained therein is provided “as is” and Oakhurst makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:

  • Oakhurst does not warrant that the website or information will be error-free or will meet any particular criteria of performance or quality. Oakhurst expressly disclaims all implied warranties, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility and accuracy; and
  • Whilst Oakhurst has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this website are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.

Risk & Limitation of Liability

  • The user’s use of this website and the information contained therein is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. Neither Oakhurst, its affiliates, assigns, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, but not limited to any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein. This clause does not apply to section 43(5) and (6) of the Electronic Communications and Transactions Act.
  • While all reasonable steps have been taken to ensure the accuracy and safety of the Oakhurst website, the use of the products or services advertised on this website are used at the user’s own risk. The user accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. Oakhurst will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the Oakhurst website.

Severability

  • These Terms and Conditions of Use constitute the entire agreement between Oakhurst and you, the user of this website. Any failure by Oakhurst 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.
  • In the event that 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.

Applicable Law

  • This website is hosted, controlled and operated from the Republic of South Africa, and South African law and the jurisdiction of the South African courts govern the use or inability to use this website
  • By accessing this website you agree that in the event of any dispute of any nature whatsoever arising between you and Oakhurst on any matter provided for in, or arising out of this agreement, then that dispute shall be submitted to Trust Online and decided by mediation or arbitration.
  • Any dispute arising out of this agreement shall be referred to Trust Online, http://www.trustonline.co.za, and shall be conducted in accordance with the standard terms and conditions, and the General Mediation and Arbitration Rules of Trust Online, which can be viewed at http://www.trustonline.co.za/rules/mediation and http://www.trustonline.co.za/rules/arbitration.