Unclaimedbenefits.co.za is a division of Benefit Exchange SA (Pty) Limited.
Please address any comments or inaccuracies contained in the website to Benefit Exchange SA (“UB”) at firstname.lastname@example.org
1. Nature of website contents
- Information contained on the website is intended to serve as general information on the chosen subject and not as an exhaustive treatment of that subject.
- Calculations which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as UB will not be liable for any inaccuracy in the calculation.
- Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that UB provides a link to a third party website does not necessarily mean that UB endorses, authorises, or sponsors that website, or that UB is affiliated to such website’s owners or sponsors.
- The content on any websites which may be accessed from a UB website is not under UB’s control and UB will not be held responsible or liable for any content displayed on a third party website.
- The content or information displayed on a UB website or any third party website which may be accessed through links provided on the UB website is not intended as advice but merely as information. Before making any decision or taking any action based on any information displayed on the UB website or any such third party website that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice.
2. Visitors from foreign countries
- Use of this website from the country from which you may access the website may be illegal in that country. It is recommended that you ensure that use of the website made by you are not in violation of the laws of any country by which you may be governed.
- Unless expressly stipulated, nothing on this website shall constitute an offer for sale of any service or product. Nor shall any information contained on the website be construed to be financial or investment advice.
- If you wish to use the information displayed on the website to subscribe for unclaimed benefit search service, your request to do so shall constitute an offer which may in the discretion of UB, be accepted.
- The acceptance of your offer will be subject to terms and conditions governing the service at the time of the acceptance of the offer. The responsibility for ensuring compliance with any laws or regulations which may apply to you remain exclusively yours and you are deemed to have indemnified UB against any loss or damage that it may suffer arising from your violation of any laws applicable to you.
- UB’s services are only applicable to South African retirement funds and any unclaimed benefits or unpaid surplus that may reside in the applicable fund.
3. No warranties
The content of the website is provided without any express or implied warranty of any kind whatsoever. In particular, UB does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.
4. Restricted use
Unless otherwise specified, all services displayed on or accessed through the website are for your personal and non-commercial use only. You may not –
- Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website – unless you have Unclaimed Benefits’ prior written authorisation;
- Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;
- Post on or transmit to the website content of an unlawful nature, for example: (a) contents that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) that could damage UB’s image or impair its ability to do business;
- Use the website in a manner that could damage, disable, overburden, or impair any UB server, or network connected to any UB server, or interfere with any other party’s use of the website;Interfere with any content displayed on the website or attempt or gain unauthorised access to the information displayed on the website to which you may not be authorised, to any secure area on the website, a UB server or any other part of the UB information system. Any attempt, whether successful or unsuccessful to interfere with the information displayed on the UB website or to gain access to information or any part of the UB information system to which you are not authorized is unlawful and constitutes an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002. Create a link from another website to the website or any of the web pages which constitute the website without UB’s prior written authorisation; Frame the website or any of its pages without UB’s prior written authorisation.
5. Electronic transactions, communications, and records
- When you visit the website or send email to Unclaimed Benefits you consent to receiving communications from UB electronically. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Unclaimed Benefits satisfy any legal requirement that such communications should be in writing.
- You accept the risks inherent in electronic communication in whatever form.
- You authorise Unclaimed Benefits to act on the information communicated to UB electronically. You are responsible to ensure that UB has received the information communicated electronically.
- You acknowledge and agree that UB, in its discretion, may retain and store your electronic communications. You agree that the electronic records stored by UB will constitute rebuttable proof of the content of the records.
- Any email communication sent to you will be deemed to have been received by you where it enters an information system outside of the control of UB.
7. No liability
- UB will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the website by you.
- UB will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.
- UB shall not be responsible nor liable for not identifying any unclaimed benefits that may be due to you.
- In the event that UB identifies that an unclaimed benefit may be due to you, UB shall not be liable for any delays in making payment to you. This is the sole responsibility of the retirement fund and its administrators and UB has no influence or control on this process.
8. Warranties provided by you
For all purposes, and in particular for purposes of 4 above, you warrant –
- Your identity (that is, you are who you say you are), and that you can prove your identity should UB require you to do so;
- That all information you provide at any time to UB via the website, in writing, or to UB call centre staff will in all respects be current, complete, and accurate;
- That you will fully disclose all material and relevant facts to UB, a breach of which may lead to any contract or any transactions arising from such contract being rendered void or subject to cancellation.
9. Intellectual property rights
- The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to UB a division of The Data Factory.
- As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without UB’s prior written permission.
UB reserves the right to –
- Refer any breach to the police if such breach constitutes a crime;
- Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.
12. Jurisdiction and applicable law
- Your use of the website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the High Court of South Africa (Cape of Good Hope Provincial Division).
- Any claim arising from
- The use or inability to use the website;
- the rendering of a service.
- Is subject to the laws of the Republic of South Africa – in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to procedure and evidence.
- All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.