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These Terms and Conditions (“the Terms and Conditions”) together with the Disclaimers and Privacy Notice
govern your (“the User/you/your”) use of the Digital Will system. By accessing and using the Digital Will
system, you agree to be bound by the Terms and Conditions set out in this legal notice together with the
Privacy Notice. If you do not wish to be bound by these Terms and Conditions and the Privacy Notice, you may
not use, access, display, use, download, and/or otherwise copy or distribute content obtained on the Digital
Will system.
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These Terms and Conditions become effective when you access the Digital Will System for the first time. The
current version of these Terms and Conditions as contained on the Digital Will System governs our respective
rights and obligations each time you access this Digital Will system.
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A certificate signed by the administrator responsible for maintaining this Digital Will system will be prima
facie proof of the date of publication and content of the current version.
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On each login to the Digital Will system, you will be asked to reconfirm your acceptance of the current
version of the Terms and Conditions.
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REGISTRATION AND USE OF PASSWORD
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The Provider utilises each Users unique identity number (‘the identity number”) in order to access
and use certain features or functions of the Digital Will system when logging into the Digital Will
system a unique pin will be provided via email and/or an sms to your personal email and/or mobile
number linked to your profile.
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The Digital Will system is only made available for Users over the age of 18 years.
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Your identity number is personal to you and you may not allow any others to use your identity number
under any circumstances. We are not liable for any harm caused or related to the theft or
misappropriation of your identity number, disclosure of your identity number, or your authorization
of anyone else to use your identity number. You agree to notify us immediately if you become aware
of or believe there is or may have been any unauthorized use of (or activity using) your identity
number or any other need to deactivate your identity number due to security concerns.
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UNIQUE PINS ARE ISSUED ON A PERSONAL BASIS AND DISTRIBUTED VIA EMAIL/SMS TO YOU ON REQUEST TO GAIN
ACCESS TO THE SYSTEM. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM
ANYONE PRESENTING YOUR PIN NUMBER ON THE DIGITAL WILL SYSTEM WILL BE DEEMED BINDING ON YOU. You
agree that you are solely responsible and liable for all actions taken via your pin, whether or not
made with your knowledge or authority and you hereby indemnify Digital Will against any damages,
whether incidental, direct, indirect, special or consequential damages and including without
limitation, lost revenues or lost profits arising from or in connection with your pin number being
presented on the Digital Will system without your knowledge or authority. You agree to guard your
pin carefully, with the full awareness that a failure to keep it secure will enable others to engage
in transactions through the Digital Will system for which you will be legally responsible.
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You expressly give consent, by becoming a registered User of the Digital Will system that any and
all information posted by you and collected and stored on your behalf on the Digital Will system for
purposes of utilising the products and services offered on and through the Digital Will system and
as set out in the Privacy Notice is posted, collected and stored with your express consent. Under no
circumstances shall the Provider or any of its affiliates, respective partners, officers, directors,
employees, subsidiaries, sponsors or agents be held liable for any damages, whether incidental,
direct, indirect, special or consequential damages and including without limitation, lost revenues
or lost profits arising from or in connection with the posting, collection and storage of your
personal information on the Digital Will system whether incurred by you or any other third party.
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USE OF AND RENEWAL/UPDATE OF THE SERVICES
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The Services are those services as defined at clause 9.3 below.
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In order to utilise the Services as defined, the User is required to:
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update the System annually by accessing the Digital Will website and updating your Snapshot
(as defined in clause 9.3).
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ensure that at all stages the email address and contact details of the User remain correct
and updated and the User has provided Digital Will with notice of any changes during the
course of each annual period;
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In order to assist the User to utilise the Services, we will: -
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notify the User of the necessity to update their Snapshot on the System via email;
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provide the User with a copy of the User’s most recent Snapshot for quick confirmation of
details or in order to make the necessary updates and amendments on the System;
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RULES OF CONDUCT
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Your use of the Digital Will system is subject to all applicable national laws and regulations and,
in some cases, international regulation. You, the User are solely responsible for all activities,
acts and omissions that occur in, from, through or under your identity number and the Provider shall
not, under any circumstances, be held liable to any third parties for any activity, act or omission
that may occur from, through or under your identity number or password or through your use of the
Digital Will system. You shall not use, allow, or enable others to use the Digital Will system, or
knowingly condone use of this Digital Will system by others, in any manner that is, attempts to, or
is likely to:
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be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or
sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing,
intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may
or may appear to impersonate anyone else;
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affect us adversely or reflect negatively on the Provider, the Digital Will system, the
Provider’s goodwill, name or reputation or cause duress, distress or discomfort to the
Provider or anyone else, or discourage any person, firm or enterprise from using all or any
portion, features or functions of the Digital Will system, or from advertising, linking or
becoming a supplier to the Provider in connection with the System;
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send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited
messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing";
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be used for commercial or business purposes, including, without limitation, advertising,
marketing or offering goods or services, whether or not for financial or any other form of
compensation or through linking with any other system or website pages;
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transmit, distribute or upload programmes or material that contain malicious code, such as
viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful
programs or other material or information;
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create a false identity for the purpose of misleading others;
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violate any laws, regulations (including, without limitation, laws regarding the
transmission of technical data or software exported from the Republic of South Africa),
judicial or governmental order or any treaties, or violate or infringe upon any intellectual
property rights, rights of publicity or privacy or any other rights of the Provider or of
any other person, firm or enterprise; gain unauthorized access to the Digital Will system,
other users' accounts, names, passwords, personally identifiable information or other
computers, websites or pages, connected or linked to the SmartWill system or to use the
Digital Will system in any manner which violates or is inconsistent with the terms and
conditions of this Agreement;
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modify, disrupt, impair, alter or interfere with the use, features, functions, operation or
maintenance of the Digital Will system or the rights of use and enjoyment of the Digital
Will system by any other person, firm or enterprise.
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Should the Provider determine that you have, in its opinion, breached one of the Rules of
Conduct set out in clauses 7.1 to 7.1.8 above, the Provider reserves the right to remove
your access to the Digital Will system and prevent you from remaining as a User on the
Digital Will system.
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UPDATING OF THESE TERMS AND CONDITIONS
The Provider reserves the right to change, modify, add to or remove from portions or the whole of these
Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon
such changes being posted to this Digital Will system. However, it remains the User’s obligation to read
these Terms and Conditions when logging on to familiarize yourself with any and all changes and updates.
The User’s continued use of this Digital Will system following the posting of changes or updates will be
considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions,
including such changes or updates.
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SUPPLIER OF SERVICES DETAILS
In accordance with the disclosure requirements of the Electronic Communications and Transactions Act
(“ECTA”), Act No 25 of 2002, the Provider, as the provider of services offered for hire or by way of an
electronic transaction, makes the following information available to consumers:
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This Digital Will system is provided by Cliqtech (Proprietary) Limited (Company Registration Number:
2018/623557/07) (hereinafter referred to as “Provider”), which is a private limited company by
shares duly registered and existing under the laws of South Africa, with its physical address at (4
Los Angeles Drive, Northcliff, Johannesburg, 2195, Tel (011 568 2397). Provider’s place of
registration is (4 Los Angeles Drive Northcliff Ext 15, 2195) and Provider will accept legal service
at (4 Los Angeles Drive Northcliff Ext 15, 2195). Provider’s directors and office bearers are: (Mr
Zale Hechter, Director; Mr James Perris, Director; Mr Champ Thekiso, Director; Mark Fitzjohn,
Director; Anton Baumann, Director). The main business of Provider is the supply of digital fiduciary
services;
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"Digital Will Services" means the suite of hosted, password-protected
estate-planning services provided by the Company that enables a duly-registered end-user (“User”)
to:
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create, store, edit and remotely access personal, financial and testamentary information on
a secure platform (“Product”);
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generate, from such information, a consolidated estate report setting out the salient
components of the User’s estate (“Snapshot”); and
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produce, algorithmically or otherwise, a user-specific Last Will and Testament in electronic
form (“Digital Will”).
The Product, together with any ancillary documentation, workflows, support and update
functionalities made available by the Company, shall collectively constitute the Digital
Will Services for the purposes of this Agreement.
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Provider’s website is cliqtech.co.za and its email
address is support@cliqtech.co.za.
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Duty to Update: The User shall review and, where necessary, update the information maintained
within the Digital Will Services and SnapShot:
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at least once in every consecutive twelve-month period calculated from the Effective Date;
and
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promptly (and in any event within a reasonable time) after any material change in the User’s
personal circumstances, assets, liabilities, beneficiaries or testamentary intentions.
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Consequences of Non-Compliance: Failure by the User to comply with clause 9.4 may adversely affect
the validity, relevance or enforceability of the Digital Will and/or Snapshot, and the Company
accepts no liability arising from any such failure. The onus rests exclusively upon the User to
ensure that the Digital Will, as generated or last amended, accords with the User’s current wishes
and legal requirements.
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Retention and Distribution. The Company shall retain the User’s information, Snapshot and Digital
Will on the Product until notified of the User’s death. Upon receipt of such notice, the Company
shall deliver the most recent Snapshot to the Executor designated by the User, together with a
procedural guide for administering the deceased estate.
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Complaints and disputes: Provider offers Users to email complaints to support@cliqtech.co.za via the “Contact us” service of
the website. Currently, the Provider does not subscribe to any alternative dispute resolution code
or mechanism.
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COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
This website contains material which is owned by or licensed to the Provider. This material includes,
but is not limited to, the design, layout, look, logos, and graphics. You are authorized to view and
download, print and make copies of such printouts provided that you use the material for personal and
non – commercial purposes only. You may copy the content to individual third parties for their personal
use, but only if you acknowledge this website as the source of the information and /or materials. You
may not without the Provider’s expressed written consent distribute or commercially exploit the content.
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Digital Will SYSTEM MAINTENANCE
We may suspend this System, and restrict access to the entire System or any part thereof, without prior
notice to you in order to update or maintain the Digital Will system.
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SUSPENSION AND/OR TERMINATION OF SERVICES
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We are entitled, without prejudice to any other rights we may have, to suspend and/or terminate the
provision of the services to you:
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if you are in breach of any of the terms of these Terms and Conditions or the Privacy
Notice, and/or any other of our policies applicable to your use of the services and
incorporated by reference into this Agreement, and you have not rectified your breach within
14 (fourteen) days of us calling upon you in writing to do so;
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you are in breach of our Rules of Conduct set out above and have not provided us with the
information we request in order for us to investigate your use of our services within 5
business days of our request;
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immediately if we have reason to believe that your use of the services is fraudulent or
negatively impacting the operating capability of the services;
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immediately if we are notified of or suspect unauthorised access or use of your account or
have another security concern, to assess and contain the situation.
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immediately if we determine, in our sole discretion, that providing the services is
prohibited by law;
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on 7 (seven) days written notice to you, if we determine in our sole discretion that it has
become impractical or unfeasible for any legal or regulatory reason to continue to provide
the services; and/or
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if you have not paid any amount due by you in terms of this Agreement on its due date, and
have not rectified such non-payment within 14 (fourteen) days after receipt of a notice from
us requiring you to do so, in which case the provision of the services may be suspended
until the outstanding account fees have been paid.
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In addition to the provisions of clause 12.1:
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You may terminate
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Your user profile; and/or
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any on-going Services that you have procured from Cliqtech, at any time on thirty
(30) days’ prior written notice to us.
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Cliqtech may, on thirty (30) days’ written notice (or immediately if you commit a material
breach), suspend or terminate your access to some or all of the Services and/or deactivate
your profile.
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All of your rights regarding the option to remove or amend your Personal Information in
terms of the Privacy Notice remain applicable.
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You may terminate our services at any time by notifying us via email at support@cliqtech.co.za
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NOT LIABLE FOR THE EFFECTS OF USE OF THIS SYSTEM
Use of the Digital Will system, and/or any of the services and products offered through it, is at your
sole risk. You shall have no claim against us for any loss, damages, harm, injury, death or expense
which may be suffered by you or by any third party from any cause whatsoever, howsoever arising,
including, but not limited to any act, omission, default or negligence on our part, failure by us to
comply with the Privacy Notice, breach of security or the terms of use by any person including
ourselves, your reliance on the content of this System or information or advice provided to you,
performance of the software, suspension or interruption of your access to this System, or distortion,
corruption or loss of data. Damages shall include direct, indirect, general, special, incidental,
punitive and consequential.
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CHOICE OF LAW
This Digital Will system is controlled, operated and administered by Provider from its offices as set
out below within the Republic of South Africa. The User may not use this Digital Will system in
violation of South African Privacy Legislation and regulations. If the User accesses this Digital Will
system from locations outside of South Africa, that User is responsible for compliance with all local
laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the
User consents to the jurisdiction of the South Gauteng High Court, Johannesburg, in the event of any
dispute. If any of the provisions of these Terms and Conditions are found by a court of competent
jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these
Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the
entire agreement between the Provider and the User with regard to the use of the content and this
Digital Will system.
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SEVERABILITY
If any provision of these terms is unlawful or void or for any reason unenforceable, then that provision
shall be severed from the rest of the terms and shall not affect the validity and enforceability of the
rest of the terms.
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PERMISSION FOR HYPERLINKS, DEEP LINKING, CRAWLERS AND META TAGS
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Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or
otherwise (collectively referred to as linking), to the Digital Will system or any subsidiary pages
before receiving our prior written approval, which may be withheld or granted subject to the
conditions we specify from time to time.
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An application for linking must be submitted to the Digital Will system administrator. Once received
we will do our best to respond and enter into further discussions with you. If you don’t get a
written response from us within five business days, consider your request as having been rejected.
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Breach of these conditions entitles us to take legal action without prior notice to you and you
agree to reimburse the costs associated with such legal action to us on an attorney and own client
scale.
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COOKIES
“Cookies” are small amounts of information stored by your computer. Our server may issue cookies to your
computer so that we can better serve you when you return to our System. You can set your browser to
notify you when you receive a “cookie” giving you the chance to decide whether to accept it.
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ELECTRONIC COMMUNICATIONS
By using this Digital Will system communicating with the Provider 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.
