Terms and Conditions
The use of the Bryte online claims submission procedure is subject to these terms and conditions read in conjunction with Bryte’s website terms and conditions. By accessing and using the Bryte website, you warrant that you (user) agree to the terms and conditions of the website terms and conditions by accessing and using the Bryte online claims submission facility, you warrant that you agree to the terms and conditions below. In the event of a conflict between the website terms and conditions and the terms and conditions herein, the website terms and conditions shall take precedent
- 1.1 "The Bryte website" means the Bryte
Insurance Company Limited website and all its pages and content, owned and
operated by Bryte
and located at http://www.brytesa.com
- 1.2 "Intellectual Property" means copyright (including
but not limited to literary-, artistic-, musical- work, photograph, sound recording,
artistic works), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets.
- 1.3 "OCS" means the Bryte Online Claims Submission facility through which the User may submit its client’s insurance claims, to Bryte, online.
- 1.4 "Security Password" means the unique OCS
username and password issued to the User, on registration with Bryte, for access and use of
system, which must be applied each time before the User is granted access to the OCS system.
- 1.5 "Bryte" means Bryte Insurance Company South Africa Limited.
Permitted use of OCS facility
- 2.1 Bryte hereby grants the User a non-exclusive, non-transferable license, subject to User registration and the terms and conditions below, to:
- 2.1.1 View or browse the Bryte OCS facility.
- 2.1.2 Submit its client’s policy claims to Bryte online through the internet, by accessing and using the OCS facility.
- 2.2 License conditions:
- 2.2.1 Other than as agreed herein, the User may not
use, copy, adapt, redistribute or modify the content or any part hereof or frame, "mirror",
cache the OCS system or Bryte website, or reverse engineer, copy, modify, download, distribute, decompile or create a derivative work of the software, or any part thereof without prior written permission from Bryte.
- 2.2.2 User may not assign, transfer or sublicense the rights under this agreement.
- 2.2.3 User is not allowed to upload or submit any damaging code to the Bryte OCS facility.
- 2.2.4 User may not use the OCS facility for the purposes of unsolicited communications ("Spam") or to send or publish any content that is in violation of any law or that are obscene, defamatory, racist or offensive of nature or may result in the infringement of intellectual property.
- 2.3 Hyperlinks to and from Bryte Website or OCS facility
- 2.3.1 The OCS facility or the Bryte website may contain links to other websites operated by third parties. Bryte does not operate or control, in any respect whatsoever, any of the information, graphics and material on those third party websites or guarantee that the website will be operational at all times.
- 2.3.2 Links to third party websites are included solely
for the convenience of Users.
The User therefore assumes sole responsibility for the use of a third party website.
- 2.3.3 Bryte makes no warranties or representations regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party website content or products or services available through third party websites or that the third party website content does not infringe the intellectual property rights of any person.
- 3.1 The OCS facility contains Bryte intellectual
property including but not limited to logos, graphic or multimedia works, or intellectual
through the interaction between the User and Bryte, and such intellectual property shall remain the property of Bryte.
- 3.2 Nothing on the OCS facility should be construed as
granting any licence or right to use any trademark or logo without the express, prior
from Bryte, or third parties as the case may be.
- 3.3 Bryte would be pleased to consider requests for
permission to disseminate or use Bryte content outside the scope of this agreement,
provided that the
User obtains Bryte’s prior written approval. To obtain approval please email Bryte at: email@example.com.
Any complaint regarding the OCS facility may be referred by the User to firstname.lastname@example.org.
Privacy and protection of personal information
- 5.1 Bryte takes privacy and security of personal information of the User and its client’s seriously and intends to provide the User as much control as possible over its and its client’ personal information.
- 5.2 The purpose of this statement is to set out how we use personal information that we may obtain about the User or its clients. By using the Bryte website generally and the OCS facility, the User agrees to the following. Use of Personal Information
- 5.2.1 When the User uses / browses the Bryte website or the OCS facility, Bryte may collect, store or use the User’s or its clients personal information or any other additional information for purposes as set out below.
- 5.2.2 Bryte may use personal information or any other requested information that the User provides or that is obtained by Bryte:
- 184.108.40.206 To submit information about Bryte services / products to the User; or
- 220.127.116.11 To fulfil Bryte’s obligations under this agreement with the User; or
- 18.104.22.168 To register the User with the Bryte website or the OCS facility and to administer the OCS services; or
- 22.214.171.124 To identify the User when accessing and utilising the Bryte website or OCS facility; or
- 126.96.36.199 To ensure that the User’s requested services are delivered; or
- 188.8.131.52 For assessment and analysis of non-personal statistical information to enable Bryte to review, develop and improve the services which Bryte offers.
- 5.2.3 Bryte retains all rights to non-personal information collected and compiled by Bryte.
- 5.3 Disclosure of User Information
- 5.3.1 Bryte may give information about the User or its clients (or his/ her claim) under the following circumstances, who may use it for the same purposes as set out above (excluding direct communications):
- 184.108.40.206 to employees and agents of Bryte to administer the website or the OCS facility;
- 220.127.116.11 to anyone to whom Bryte transfers or may transfer rights and duties under an agreement with the User;
- 18.104.22.168 if Bryte has a duty to do so or if the law allows Bryte to do so.
- 5.3.2 No Security Passwords will be disclosed to any third party, except those third parties responsible for the execution of the Bryte website or OCS login facility;
- 5.3.3 Third parties may provide storage services to Bryte and in these instances, those third parties shall be required to enter into a Non Disclosure Agreement on no less stringent terms than found in this privacy clause;
- 5.4 Cookies
- 5.4.1 Cookies may be used by Bryte to understand the Users of the Bryte OCS facility. Cookies allow Bryte to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of the Bryte website. Depending on the type of cookie Bryte uses, cookies also allow Bryte to make the Bryte website more user friendly, for example, permanent cookies allow Bryte to save the User’ password so that the User does not have to re-enter it every time the User visits the Bryte website;
- 5.4.2 Bryte only keeps cookies for the duration of the User’ visit to the Bryte website, except where the User saves his/her login name as referred to above.
- 5.5 Security
- 5.5.1 Bryte endeavours to take all reasonable steps to protect the User or its clients personal information. However, Bryte cannot guarantee the security of any data the User discloses on-line. The User accepts the inherent security risks of providing information and dealing on-line over the Internet and shall not hold Bryte, its directors, employees or agents responsible for any breach of security unless such breach is occasioned by Bryte’s gross negligence or wilful misconduct;
- 5.5.2 Please take note that Bryte may send the User emails from time to time however Bryte would never send an email asking for the User’ Security Password or bank details, or direct the User to a web page that asks for this information.
- 5.6 General
- 5.6.1 Please be aware that the Bryte website may link to other websites which may be accessed through the Bryte website. Bryte is not responsible for the data protection, or privacy policies or procedures or the content of these linked websites;
- 5.6.2 If the User has any comments or queries in connection with Bryte’s privacy statement, the User may email Bryte at email@example.com
- 6.1 To ensure adequate security to users of the OCS
facility and to monitor prohibited actives the, User hereby permits Bryte to intercept,
read, delete or access all data sent to Bryte through the OCS facility;
- 6.2 Bryte’s practice is to conduct virus checks on documents and files before being posted on the OCS facility. However, Bryte cannot guarantee that documents or files downloaded from the OCS facility will be free from viruses and Bryte does not accept responsibility for any damage, claim or loss occasioned by any virus. For the User’s own protection, the User must use virus-checking software when using the Bryte website or the OCS facility.
- 6.3 The User agrees to not intentionally, maliciously or negligently post on the OCS facility, any document or file that may contain a virus. The User must virus-check any document or file which the User intend to transmit to Bryte through the OCS facility.
- 6.4 The User agrees to indemnify Bryte, its service
providers and affiliates against any possible damages, expenses or losses as a result of
computer programs or any other code that may damage the OCS facility or Bryte’s service provider’s infrastructure;
Disclaimer and limitation of liability
- 7.1 User access to and use of the OCS facility is
dependent on a number of factors, including factors beyond the control of Bryte and as
such, Bryte shall
not be liable for any loss, damage or claim beyond the reasonable control of Bryte.
- 7.2 The User shall use the OCS facility entirely at its
own risk and remains liable for any loss, damage or claim that results from the User using
or not be able
to use the OCS facility, its contents or its information.
- 7.3 Bryte (including its agents, employees, consultants, suppliers or affiliates), shall not be liable for any delictual or contractual loss, claim or damage whatsoever and howsoever arising; whether direct, indirect, special, incidental, consequential or punitive unless occasioned by gross negligence or wilful misconduct on the part of Bryte.
- 7.4 Bryte shall not be liable for any client data loss
or personal information caused as a direct or indirect result of the User accessing and
using the OCS
facility for the submission of claims.
- 7.5 Bryte reserves the right to vary or amend these
terms and conditions from time to time and without any notice to the User. Accordingly, the
of the terms and conditions of this agreement shall apply at the time of the User accessing and using the OCS facility and
the User agrees to read the latest version each time it accesses and utilises the OCS facility.
- 7.6 The User shall exclusively remain liable for the
conduct of Third Parties referred to in clause 9.2 as regard to the access and use of the
OCS facility and
the User shall in addition, remain liable for the breach of the terms and conditions herein by Third Parties.
Transmission of information
- 8.1 Information transmitted through the OCS facility over the internet could be unlawfully intercepted or accessed by third parties.
- 8.2 The User acknowledges and agrees that Bryte
not be held liable for any loss, or damage suffered by the User or its clients as a result of unlawful interception or unlawful procurement of the Users clients data or personal information, or activities by third parties.
- 9.1 The User warrants to Bryte that the User has the legal, contractual capacity to understand, accept and be bound by the terms and conditions herein.
- 9.2 The User is responsible and shall remain liable and
accordingly indemnify Bryte against any loss, damage or claims arising from where the User
made available, or permits Bryte to provide, the Security Password to any of the User’s employees, agents, consultants or representatives (Third Parties?). The User warrants, that all Third Parties authorised by the User to access and use the OCS facility, shall accept and be bound by the terms and conditions herein, prior to the User granting authorisation to the Third Party
- 9.3 The User acknowledges that in order for it to access and utilise the OCS facility each time, it has to first agree to be bound by the terms and conditions herein, thereby constituting a valid contract between Bryte and the User or Third Party as the case may be. Should the User or Third Party not agree to the terms and conditions herein, it shall automatically be refused access to the OCS facility.
The User’s access to the OCS facility may be terminated at any time by Bryte without notice. All restrictions, disclaimers and limitations of liability by Bryte will survive termination, however, the User will no longer be authorised to access the OCS facility.
- 11.1 If the User is in breach of the terms and
conditions of the OCS facility, Bryte reserves the right to, without prejudice to any
rights which it may have in
terms hereof or at law, to:
- 11.1.1 order for specific performance and damages;
- 11.1.2 terminate this Agreement and claim damages;
- Institute criminal procedures where applicable and necessary;
- All costs, charges and expenses of whatsoever nature which may be incurred by Bryte in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
General and miscellaneous
- 12.1 Sole record of agreement These Terms and Conditions constitutes the sole record of the agreement between the User and Bryte with regard to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
- 12.2 No amendments except in writing No data message as defined above, including but not limited to an e-mail, SMS and recorded voice message, sent by User to Bryte shall amend this agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties.
- 12.3 Waivers No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
- 12.4 Survival of obligations Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this agreement shall survive any termination or expiration of this agreement and continue in full force and effect.
- 12.5 Severability If any one or more of the clauses of these terms and conditions shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions is to be performed, including this clause :
- 12.5.1 That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected;
- 12.5.2 The terms and conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these terms and conditions, the terms and conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the allegedly void or unenforceable provisions.
Applicable and governing law
The laws of South Africa and the jurisdiction of the South African courts shall govern this agreement.