Terms and Conditions

Effective Date: 1 June 2023

TERMS AND CONDITIONS OF USE OF AA PET SERVICES

in favour of

AA Pet Insurance product, distributed by Shackleton life, an authorised financial services provider, FSP: 44723. Underwritten by Mutual & Federal Risk Financing Limited who are a licensed Non- Life Insurer. Reg. No. 1966/10741/06

1. TERM

1.1 These terms and conditions (“Terms”) govern the access and use of the AA Pet services provided by Shackleton Life (Pty) Ltd, hereafter referred to as “AA Pet” or “we,” on our website or any other platform (“Site”).

 1.2. By accessing the Site and using AA Pet services, you, as the user (“User” or “you”), agree to be bound by these Terms. If you disagree with any part of the Terms, you must refrain from accessing the Site and using AA Pet services. By accessing the Site, you warrant and represent that you are legally entitled to use the services. If you are below the age of 18 (eighteen) years, you may not use the services without the assistance of your legal guardian when reading and accepting these Terms.

 1.3. AA Pet reserves the right, in its sole discretion, to amend or replace any of the Terms at any time. Such amendments or replacements will supersede and replace any previous versions of the Terms. We will make the updated Terms available on the Site. By continuing to access the Site and use AA Pet services after any amendments or replacements, you are deemed to have consented to the revised Terms.

 1.4. In case of a dispute regarding the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Site shall be considered prima facie proof of the date of publication and content of the current version and all previous versions of the Terms.

2. DISCLAIMER

 2.1. AA Pet services are provided for informational purposes only and are not intended to constitute veterinary advice, medical advice, or any other professional advice or services. Before making any decisions related to your pet’s health, well-being, or any other matter, you should consult a qualified veterinarian or professional advisor.

 2.2. Any information or calculations provided on the Site are for illustrative purposes only and should be confirmed by a qualified veterinarian or professional. AA Pet does not guarantee the accuracy or completeness of these calculations or information.

 3. CONTENT OF THE SITE

 3.1. AA Pet reserves the right to make improvements, change, or discontinue any aspect or feature of the Site, including information, content, or services, without prior notice.

 3.2. AA Pet may change and amend the prices, rates, or terms associated with the services offered on the Site at any time, without notice.

 3.3. AA Pet may use information obtained from third-party sources or organizations to provide information on the Site. We do not control this information and make no representations or warranties regarding its accuracy, appropriateness, or correctness. You agree that such information is provided “as is,” and AA Pet, as well as its affiliates or online partners, shall not be liable for any losses or damages that may arise from your reliance on such information.

 3.4. AA Pet makes no representations or warranties, whether express or implied, as to the accuracy, completeness, or reliability of any information, data, and/or content on the Site. Additionally:

3.4.1. AA Pet does not warrant that the Site, information, or downloads will be error-free or meet any particular criteria of performance or quality. AA Pet expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

 3.4.2. While AA Pet takes reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads, or applications available via the Site are free of viruses, malware, or any other data or code that may corrupt, damage, or affect the operation of the user’s system.

 3.4.3. AA Pet disclaims any responsibility for verifying any claims. Information published on the Site may be received in its original format, and statements from external parties are accepted as fact without further verification.

4. LINKED THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT

4.1. AA Pet may provide links to third-party websites on the Site for informational purposes only. These links are provided as a convenience, and AA Pet does not endorse or take responsibility for the content, owners, licensees, administrators, or security practices of those websites.

4.2. Although AA Pet strives to provide links only to reputable sites or online partners, we cannot accept responsibility or liability for the information provided on other sites. Linked websites or pages are not under the control of AA Pet, and we are not responsible for the privacy policies or practices of linked or any third-party websites or applications.

4.3. By using the links provided on the Site, you agree that AA Pet shall not be held liable, directly or indirectly, in any way for the content, use, or inability to use or access any linked website or any link(s) contained in a linked website. Any dealings you have with linked websites, including advertisers, found on the Site are solely between you and the third-party site.

5.  LINKING AND FRAMING

 5.1. Without the prior written approval of AA Pet, you may not establish a hyperlink, frame, metatag, or similar reference, whether electronically or otherwise, to the Site or any subsidiary pages or applications.

 5.2. If you wish to request linking to the Site, you must submit an application to AA Pet at info@aapet.co.za. We will review your request and respond within a reasonable time. Failure to receive a written response from AA Pet within 7 (seven) days will be considered a rejection of the request.

6. USAGE RESTRICTIONS

You hereby agree that you shall not, directly or indirectly, and shall not allow a third party to:

6.1. Copy (other than for backup, archival, or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sublicense, encumber, or deal with any portion of the Site for any reason and in any manner unless it is consistent with the intent and purpose of these Terms.

6.2. Decompile, disassemble, or reverse engineer any portion of the Site.

6.3. Collect service listings, descriptions, or other information displayed on the Site.

6.4. Write and/or develop any derivative work of the Site or any other software program based on the Site.

6.5. Modify or enhance the Site. Any modifications or enhancements made in breach of this clause will be the property of AA Pet.

6.6. Remove any identification, trademark, copyright, or other notices from the Site.

6.7. Use the Site for any purpose other than pure information purposes only, as specified within these Terms.

7. SECURITY

7.1. To ensure the security and reliable operation of AA Pet services, we reserve the right to take necessary actions to preserve the security, integrity, and reliability of our network and back-office applications.

7.2. You may not utilize the services and/or Site in any manner that compromises the security of AA Pet’s networks or tampers with the services or the Site in any way. This includes gaining or attempting to gain unauthorized access to the Site or delivering or attempting to deliver any unauthorized, damaging, or malicious code to the Site, all of which are expressly prohibited. Any person or entity found to be in violation may be held criminally liable, and AA Pet may claim civil damages resulting from such actions.

7.3. In the event that you commit any offenses detailed in Chapter 13 of the ECT Act (specifically sections 85 to 88, inclusive), you shall be liable for all resulting liability, loss, or damages suffered by AA Pet, its affiliates, agents, and/or partners, notwithstanding any criminal prosecution.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. For the purposes of this clause, the following definitions apply:

8.1.1. “Copyright” refers to the rights, whether existing now or in the future, in and to the software, including designs and documentation relating to it.

8.1.2. “Intellectual property rights” means all intellectual property of any nature whatsoever owned and/or controlled directly or under license by AA Pet, including rights, title, and interest in and to all technology, source code, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents, and copyrights relating to the software, whether registered or not.

8.2. All copyright and other intellectual property rights in the content, trademarks, software, data, materials, including logos, databases, text, graphics, icons, hyperlinks, private information, designs, agreements, and multimedia works published on or via the Site are the property of, or licensed to, AA Pet. They are protected from infringement by local and international legislation and treaties.

8.3. All rights not expressly granted are reserved. The copyright in all content, information, and logos vested in the Site shall continue to vest in AA Pet, and no right, title, or interest in any proprietary material or information contained in the Site is granted to you.

8.4. Except with AA Pet’s express written permission or as specifically allowed by these Terms, you may not copy or retransmit any logos, graphics, sounds, or images from the Site.

8.5. You acknowledge that AA Pet is the proprietor of all material on the Site (except where indicated otherwise), whether it constitutes confidential information or not, and that you have no right, title, or interest in any such material.

8.6. AA Pet authorizes you to view, copy, temporarily download to a local drive, and print the content of the Site or any part thereof, provided that such content is used for information purposes only.

9. RISK, LIMITATION OF LIABILITY, AND INDEMNITY

9.1. Your use of the Site and the information contained therein is entirely at your own risk. You assume full responsibility and risk of loss resulting from such use.

9.2. The transmission of information via the internet, including through the Site or any related communication channels, is not entirely secure. You acknowledge that the transmission of information in this manner is susceptible to monitoring and interception, and you bear all risk associated with such transmission. AA Pet shall not be liable for any loss, harm, or damage suffered by you as a result of transmitting information via the Site. AA Pet reserves the right to request independent verification of any information transmitted via the Site, and you consent to such verification if deemed necessary by AA Pet.

9.3. To the extent permitted by law:

9.3.1. AA Pet, its affiliates, shareholders, agents, consultants, or employees shall not be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential, or punitive damages arising from the use of, or the inability to access or use the content of the Site or any functionality thereof, or the information contained on the Site, or any linked website or application, even if AA Pet knows or should have reasonably known or is expressly advised thereof.

9.3.2. You hereby indemnify and hold AA Pet harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or in connection with your use of the Site, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.

10. PRIVACY POLICY

10.1 AA Pet’s privacy policy, as updated from time to time, forms an integral part of these Terms. The privacy policy explains how AA Pet collects, uses, and protects your personal information. By accepting these Terms, you also consent to AA Pet’s processing of your personal information as set out in the privacy policy.

11. GENERAL

11.1. These Terms constitute the entire agreement between you and AA Pet with respect to the use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and AA Pet.

11.2. No failure or delay by AA Pet in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

11.3. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

11.4. AA Pet’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision of these Terms.

11.5. The provisions of these Terms which by their nature survive the termination or expiry of these Terms shall survive such termination or expiry.

By accessing the Site and using AA Pet services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

If you have any questions, concerns, or requests related to this Privacy Policy, please contact us at info@aapet.co.za.