Terms of Use

1. Introduction

Insurance.hepstar.com (“the Site”) is a domain of Hepstar Financial Services (Pty) Ltd (“the Administrator”), an authorised financial services provider (FSP no: 45097). Use of the Site is subject to the terms and conditions contained herein. By using the Site, you (“the User”) invariably agree to the terms contained herein.

 

2. Parties
All products sold on the Site are underwritten by licensed insurers that are registered and/or licensed financial services providers. All products are administered by the Administrator in terms of written authority received from the respective insurers.

 

3. Services

The Site provides the User with a quote for the total cost of a product or service based on the information provided by the User when completing the applicable fields, which quote is inclusive of all fees charged by the relevant parties. A breakdown of the quote is disclosed in the product documentation provided. The quote is accepted by the User when full payment of the quote is made and an insurance contract is entered into with the relevant insurer.

 

4. Insurance Contract

Products and services purchased using this Site constitute an agreement between the User and the relevant insurer, and shall be subject to terms and conditions as may be imposed by the insurer. Should the insurer dispute its liability in terms of a product or service purchased on this Site, the User will have recourse against the insurer only.

 

5. Payment

Payment is due immediately upon purchase of the product or service. In the event that incorrect pricing is displayed or a User has over or underpaid for a particular product or service, the Administrator shall notify the User thereof. The Administrator reserves the right to request payment of the underpaid amount and the User shall be entitled to a refund of any amount overpaid. The User may not rely on the amount displayed or paid as a basis for refusing to pay the correct amount usually payable for the relevant product or service, save that the User shall still have the right to cancel in accordance with the terms and conditions imposed by the insurer on the relevant product and shall be entitled to a refund of the amount already paid.

 

6. Product and/or Service Documentation

On receipt of proper payment, product documentation will be sent to the User via electronic mail with links to the downloadable documents. The User is not entitled to and may not demand any documentation to be provided until proper payment has been verified by the Administrator. Payment received by the administrator is deemed to have been received and held on behalf of and to the benefit of the insurer.

 

7. Cancellation & Refund

Purchase of a product constitutes a contract between the User and the Insurer. A User’s right to cancel the contract and/or be refunded is subject to the terms and conditions imposed by the insurer on the product or service purchased.

 

8. Right to Reject

The Administrator and the relevant insurer reserves the right to reject a request for insurance or to cancel insurance already issued if the User does not qualify for cover or is disqualified from being covered under the relevant insurance product or where any form of fraud is suspected, whether or not payment has been received by the Administrator. Insurers may withdraw benefits or cover on default of any payment due under any products or services arranged for your benefit or on failure by you to accurately provide all material information in relation to such insurance products. If payment has been received, such payment will be refunded if due (subject to product terms and conditions) and the User will not be entitled to any additional compensatory relief in any way or form.

 

9. Representations and Suitability

The User uses his/her own discretion when selecting a product or service from the Site and does so having read and understood the terms and conditions and the benefits relating to the product to determine the suitability of the product or service selected. For the avoidance of doubt, the Administrator and the Site does not make any representations as to the suitability of a product or service to a User and does not include, perform or provide any advisory services in this regard.

 

10. Verification of User Information

The User is responsible for ensuring that he/she provides accurate information to the Site that his/her personal details and travel details displayed on the Policy Certificate provided by the Administrator are correct. The Administrator shall not be liable for incorrect information displayed on the Policy Certificate and the User is responsible to request the amendment of incorrect information. The Administrator will not be liable for the User’s failure to present documentation provided by the Administrator when applying for a travel Visa or the Administrator’s failure to provide such documentation in time for the User’s appointment at the relevant embassy. The User must ensure insurance is purchased with sufficient opportunity to receive the documents prior to the appointment.

 

11. Access and Use of the Site

The Administrator may suspend or block a User’s access at any time for any reason in its sole discretion. The User agrees not to copy content or information of the Site or violate any restrictions or security measures used to prevent access.

 

12. Complaints

Any complaint that you may have in relation to the products or services provided by us (insurance claims issues, should follow the complaints procedure stated in the policy wording from which you are making a claim), should ideally be made in writing to us, outlining the nature of your complaint. Each complaint will be acknowledged by us within 2 working days of receipt. We will endeavour to resolve the complaint within 5 working days if it can be resolved by the Administrator. If we are unable to resolve the matter to your satisfaction, you may escalate the complaint in writing to the relevant insurer at the details provided in the product terms and conditions. If the matter is still not resolved to your satisfaction, you may submit your complaint in writing to the Ombudsman for Short-Term Insurance at PO Box 32334, Braamfontein, 2017. He may also be contacted on Telephone: 0860 OMBUDS (0860 662 837) or (011) 726 8900, Fax: (011) 726 5501 and e-mail: info@osti.co.za.

 

13. Privacy

Please refer to our Privacy Policy.

 

14. Confidentiality

Save to the extent necessary to action the User’s request or to meet statutory or regulatory obligations, User information of a personal nature provided to the Administrator or to the Site is dealt with as strictly confidential.

 

15. Intellectual Property

All intellectual property rights in and to the aforementioned vests in the Administrator. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of the Administrator.

 

16. Copyright and Trademark Notices

All rights in and to any copyright or registered or unregistered trademarks of Hepstar remain strictly reserved. Other product and/or company names used or displayed are done so with the consent of the owners thereof.

 

17. Governing Law

These terms are subject to South African Law and the South African Courts will have exclusive jurisdiction over any dispute arising from use of the site.

 

18. Limitation of Liability

The Administrator, its employees and agents, shall not be responsible for any liability in respect of loss, damage, consequential or special damages, accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively “Losses”) to any User or their property, except if directly or indirectly arising from the gross negligence or wilful misconduct of the Administrator, its employees or agents, in which case any such liability will be limited to R10 000 per User. The User indemnifies and holds the Administrator harmless from and against any claims of third parties in respect of the above Losses. The Administrator will under no circumstances be liable for any indirect or consequential Losses.

 

19. Liability Disclaimer

19.1 The Administrator does not guarantee the accuracy of all product information and pricing on the Site. The Administrator disclaims liability for inaccuracies relating to the aforementioned. The User shall only have a right of recourse against the insurer in terms of the relevant product terms and conditions, including a right to cancel the contract and be refunded the amount paid.


19.2 Display of products on the Site does not constitute a recommendation as to the suitability of a product or service by the Administrator. The User agrees to read the relevant terms and conditions imposed by the insurer to determine suitability of the product or service.


19.3 The Administrator may make changes to the Site at any time without notice to the User.


19.4 The Administrator is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any insurer or for any personal injuries, death, property damage, or other damages or expenses resulting thereof.

 

20. Unenforceable Provisions

If any provision of these terms is determined to be invalid or unenforceable in terms of applicable law, then such provision will be superseded by a matching provision which would give rise to a valid and enforceable provision with the same or similar intent and the rest of the agreement shall continue with full force and effect.