TERMS & CONDITIONS

1. CONDITIONS OF ACCESS
1.1 Your access to, and use of, the Websites is subject to the terms and conditions set out in
this user agreement.
1.2 To avoid any confusion, you agree that these terms and conditions apply to your use of
the Websites.

2. COPYRIGHT AND TRADEMARKS
2.1 Your access to the Websites, and the information contained on it, does not in any way
convey or transfer any right in or to the intellectual property of MOE or its clients’ data or
information displayed or accessible from the Websites (including all text, layout, graphics,
artworks, animation material and general representation of the Websites) or in any of the
trademarks, copyright, designs, patents, domain names, know-how, confidential
information, trade secrets or any other intellectual property rights which may vest in MOE
or in the author, compiler, creator or licensor of such information.
2.2. All MOE’s trademarks, logos, brands, domain names and other marks and intellectual
property relating to the Websites, or any information contained or accessible from the
Websites shall remain the sole and exclusive property of MOE and the relevant authors or
licensors, and the visitor undertakes that he/she/it will not use, duplicate, distribute,
disseminate, adapt, display, alter or otherwise deal with such intellectual property without
MOE, the relevant licensor or author’s prior written approval.
2.3. Copyright and all other intellectual property rights subsisting in any database/s
maintained by MOE and relating to this Website are owned by MOE or the relevant provider
or supplier thereof.
2.4. You may only use information retrieved, viewed, downloaded or otherwise obtained by
viewing the Websites, for your own personal and non-commercial use and such information
and/or data may not be sold, resold, transmitted or otherwise made available or
disseminated in any manner via any media to any third parties unless the prior written
consent of MOE has been obtained.
2.5. You undertake not to change or delete any proprietary notices contained in any
material, data or information downloaded or otherwise retrieved from the Websites.
2.6. Under no circumstances may you use, duplicate, distribute, reverse, engineer,
disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any
language or computer language, retransmit in any form or by any means, (electrical,
mechanical, photo reproduction, recording on or otherwise) any of the material,
information or content viewed, downloaded or otherwise retrieved from the Websites
without the prior written consent of MOE.

3. DISCLAIMER
While MOE will take all reasonable measures to ensure an efficient, uninterrupted and
error-free service to all its online Clients, neither MOE nor any of its employees,
representatives or assigns will be liable to any online Client for any loss or damage of
whatsoever nature caused by or attributable to any:
3.1. fact or circumstance beyond the reasonable control of MOE, including the breakdown
or interruption in the services provided by external service providers and the unavailability
or defective performance of any software or any of the services available on or from the
Websites
3.2. breach of privacy, security or confidentiality or any infringement of intellectual property
rights by any person or entity
3.3. loss, damage, destruction, theft, contamination or corruption of any data, information
or content accessible from or available on the Websites
3.4. reliance on, publication or use of any information or data contained on or accessible
from this Website including information and data contained in advertising banners, third-party software, pop-up windows, buttons, hypertext links and advertising sponsorships
3.5. failure by a visitor or online Clients to maintain the confidentiality of their personal
username and password, or the disclosure of personal usernames and/or passwords to any
person or entity
3.6. hacking, infection by viruses, Trojan horses, or any other computer programming
routines or software that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any software programme, system, data or personal
information;
failure to adhere to the provisions of any terms and conditions governing the use and access
to the services and facilities offered from time to time on the Websites
3.7. any lawful act or omission by MOE, its representatives and service providers in respect
of or relating to the maintenance and support of this Website and any supporting software
or otherwise in the interests of protecting MOE’s proprietary rights or the privacy and
confidentiality of visitors and online Clients and their personal information; and
consequential or indirect loss or damage whether foreseeable or otherwise.

4. PRESUMPTION AND INDEMNITY CLAUSE
4.1. The user of the Websites hereby indemnifies and holds MOE harmless against all and
any loss, liability, action, law suits, proceedings, costs, demands, and damages of all and
every kind (including but not limited to, direct, indirect, special or consequential damages),
and whether in an action based on contract, negligence or any other action, arising out of or
in connection with the failure or delay in the performance of the services offered on the
Websites, or in the use of these services offered, information and / or images available on
the Websites, whether due to MOE ’s negligence or not.
4.2. Due to the lack of personal contact in online communication and transactions, MOE
relies exclusively on the correctness and accuracy of information submitted and the good
faith of its online Clients. Failure to provide honest, accurate and complete disclosure may
lead to the annulment of Plans.
4.3. Online users must keep their personal usernames and passwords confidential at all
times. MOE shall be entitled to presume the authenticity and validity of any online
communication or transaction and that the online Client is the originator of such online
communication or transaction where the username and password of that online Client is
used to gain access to, view and/or engage in any activity or transaction or service offered
on the Websites.
4.4. The online user hereby indemnifies MOE, its employees, representatives and service
providers and holds them harmless against any and all claims, losses and damages which
MOE or any third party may incur as a result of reliance placed on any information, data and
material furnished by a prospective Plan Holder or Plan Holder to MOE.

5. PERSONAL INFORMATION
MOE will be Processing your Personal Information according to the Protection of Personal
Information Act, No. 13 of 2013 and additional data protection laws.

6. TERMINATION AND VARIATION
MOE reserves the right to alter, restrict and / or terminate the services on its Website to the
user in particular, or to the public in general, without notice or reason, or to revise these
terms and conditions at any time. Such changes will be posted on this Website and be
deemed to have been accepted by the user if the user continues using the Websites. The
obligation therefore will be on the user of the Websites to review these terms and
conditions at regular intervals.

7. GENERAL
7.1. These terms and conditions will be governed by and construed in accordance with the
laws of South Africa, and the user of this Websites will submit to the jurisdiction of the
South African courts. MOE’s failure to exercise any particular right or provision of these
terms and conditions shall not constitute a waiver of such right or provision.
7.2. By using the Websites, you expressly agree to the terms and conditions of this user
agreement. If you do not agree to all of the terms and conditions, please do not continue to
use the Websites.