Disclaimer and Privacy Policy

Blake & Els Wealth & Risk Management is an unincorporated partnership whose partners are Brendan Els and Lawrence Blake. Blake and Els Wealth and Risk Management is a licensed financial services provider in terms of the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS). Our license number is 19737 and a copy of our license can be viewed here. Blake and Els Wealth and Risk Management holds personal indemnity cover with Glenrand MIB. A copy of Blake and Els Wealth and Risk Management’s Access to Information Policy produced in terms of the Promotion of Access to Information Act 2 of 2000 can be downloaded here.

2. Privacy Policy and your right to Client Confidentiality

Blake & Els Wealth & Risk Management respects your constitutional rights to privacy. Accordingly, Blake and Els Wealth and Risk Management believe in protecting the personal information we might collect from you when you use the website. Personal information refers to all information about you as an identifiable individual including for instance your name, address, email address, IP address, telephone number, financial information, and identity number. Blake and Els Wealth and Risk Management will use your personal information only in the manner stated in this policy and will do all that is commercially reasonable to protect such personal information from unauthorized use or disclosure when due regard is had to accepted technological standards. Blake and Els Wealth & Risk Management will not sell, rent or otherwise disclose your personal information to any third party without your consent, provided that by using the website to subscribe to services, you provide your express and informed consent for Blake and Els Wealth and Risk Management to disclose your personal information as follows

· to our contracted product suppliers for obtaining quotes

· to third party financial institutions that you have dealings with in order to verify your policy information if you have requested us to do so via a signed consent form

These companies require access to your personal information to perform their functions and not for any other purposes and are bound by confidentiality agreements not to use or disclose any personal information for any other purpose

· In order to transfer Blake and Els Wealth and Risk Management’s client bases, including personal information contained therein, to any third party who acquires all or substantially all of the assets in our partnership or our website service whether by sale, merger, acquisition or otherwise. Such transfer will be advised to you prior to the transfer in accordance with the requirements of relevant legislation.

· To any regulatory organization if Blake and Els Wealth and Risk Management are required to do so by law or if we believe that such action is necessary to comply with the law or with any legal process, to protect and defend our rights and property or that of our clients against fraud or abuse, misuse or unauthorized use of our website and / or protect the personal safety or property of our clients or the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, Blake and Els Wealth and Risk Management will disclose such information to the appropriate regulatory bodies and commercial entities).

Blake and Els Wealth and Risk Management reserve the right to share non – personal information in aggregate form with third parties for business purposes, for example with advertisers on our website. This does not involve disclosing any personal information which can identify any individual client in any way.

3. Intellectual Property Rights

3.1 Copyright

Ownership, copyright and all other title in and to:

· The content of the website and all databases associated with the website, including without limitation all text, graphics, icons and pricing information.

· All confidential information and communication sent to you as envisaged herein

· All articles / software and applications made available for download through the website

You may download, view and print content from the website for your private and non commercial purposes only. All data is protected from infringement by local and international legislation and treaties. You hereby recognize and agree that you are not entitled for commercial gain to copy, reproduce, transmit, distribute, sell, publish, broadcast or in any other way disseminate or decompile the data or any part thereof. To obtain a license to commercially exploit the data, please send us a request to that effect at info@insurancefundi.co.za.

3.2 Trademarks

The trademarks, trade names, devices, logos marks displayed on the website are registered and unregistered trademarks and trade names of Blake and Els Wealth and Risk Management and providers. All trademarks are protected from infringement by local and international common law, legislation and treaties. Nothing contained on the website should be construed as granting you any license or right to use any trademark without the prior written permission of Blake and Els Wealth and Risk Management.

3.3 Use of hypertext links, framing, spiders and crawlers

Hypertext links to external websites are provided for your convenience. Such websites are however beyond our control and Blake and Els Wealth and Risk Management does not endorse, approve of or make any representation regarding the content and any advice opinions, products and services offered via such website. Use or reliance on any external links and related downloads is at your own risk. When visiting external websites, please refer to such parties “privacy policies” and other terms and conditions.

No hypertext links of whatever nature may be created to the website or any of its pages from any website, and no pages compromising this site may be framed and no technology may be used to search and gain and information from this site, without any prior written consent of Blake and Els Wealth and Risk Management. Please contact us for such consent by sending us an email to info@insurancefundi.co.za

4. Content of website and lawful use

Blake and Els Wealth and Risk Management reserves the right at any time to change, improve, correct or discontinue without notice, any content, aspect or feature of the website in its discretion, and to suspend or deny access to the website for any reason whatsoever. Blake and Els Wealth and Risk Management reserves the right to edit and or screen any content made available for the website and does not accept liability for defamatory, obscene or otherwise unlawful content posted on the website. You are encouraged to inform Blake and Els Wealth and Risk Management of any content that may be offensive and / or unlawful. You warrant in favour of Blake and Els Wealth and Risk Management that by accessing the website you are legally entitled to do so, that you are duly registered and authorized to use the services provided by the website where applicable, and that you have the requisite capacity to conclude legally binding transactions with Blake and Els Wealth and Risk Management, and that you will not use the website, the services or any data for any purpose that is unlawful or contrary to these terms.

5. Disclaimer

5.1 No advice, financial advice or solicitation (own reliance)

While Blake and Els Wealth and Risk Management makes every effort to ensure that the information contained on the website is accurate, nothing contained on the website should be construed as any form of formal advice or as an offer of solicitation in relation to any financial services products. You undertake not to rely on the information provided on the site as the sole criterion in taking decisions or actions that may influence your financial position, but to exercise your own skill and judgment in placing reliance on the information and to consult an expert or professional where necessary. You accordingly acknowledge and agree that you use of the website and your use of the reliance of the data or any part thereof is at your own risk. You remain solely responsible for your instructions, and the lawfulness and soundness of any decision you make or action you take as a result of your use of the website. You also remain responsible for ensuring adequate protection and back – up for information downloaded from the website and for taking reasonable and appropriate precautions against viruses and other malicious programs when communicating with us via email.

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. While every effort to ensure that the information provided is accurate any liability claims regarding damage caused by the use of the information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

5.3 No Warranties

While Blake and Els Wealth and Risk Management makes every effort reasonable effort to ensure that the website is available 24/7 and the information we make available via the website is reliable, complete and up-to-date or, where applicable, compiled from sources we believe to be reliable and accurate, complete and up-to-date, the website an all its contents are provided “as is”. Blake and Els Wealth and Risk Management make no representations and provide no warranties or guarantees of whatever nature regarding the services of the site, their availability, quality or content. In particular, Blake and Els Wealth and Risk Management do not warrant or guarantee:

· The accuracy, completeness, validity, timeliness or reliability of the website information.

· The error free use, secure use and or availability of the website.

And Blake and Els Wealth and Risk Management will not be liable for any loss arising from any errors or omissions in and data provided by us, or any other third party.

5.4 Indemnity

Without any prejudice to any of the rights of Blake and Els Wealth and Risk Management at law or under these Terms, you will have no claim against and hereby indemnify Blake and Els Wealth and Risk Management, its partners, employees, agents, representatives and product providers against any loss or damages of whatever nature and howsoever arising which Blake and Els Wealth and Risk Management or any third party may suffer or incur arising out of your use of the website, including without limitation:

· Any breach by you of these terms and conditions including your use of the website for any purpose that is unlawful under South African law, international law or the law of any jurisdiction applicable to you.

· Any action taken by Blake and Els Wealth and Risk Management pursuant to your instructions or instructions that purport to emanate from you.

· Any loss of business, profits, opportunity and / or data.

· Any action taken or decisions made by you in reliance to website information.

Blake and Els Wealth and Risk Management will not be liable to you or any third party and you hereby waive whatever claims you may have against Blake and Els Wealth and Risk Management, its partners, employees, agents, representatives and product partners for any expense, loss or damage of whatever mature that you may suffer or sustain as a result of or arising from:

· Any errors, omissions or corruption of information including any errors that may occur as a result of changes in applicable legislation and / or inaccuracy.

· Any virus or any illicit or malicious computer system programme that attaches itself to and infects, corrupts or destroys other programs or systems.

· Any unauthorized access by third parties to the website, services or data or the interception of communications between us.

6. Disputes

In order to ensure that we comply with current legislation (FAIS), all complaints need to be directed to our offices in writing. Please see our contact’s page on the website for our details. Furthermore our Compliance Officer’s details are the following:

Sue Liebenberg
Office (011) 425-4603
Email: suel@mweb.co.za

These Terms are governed by and constructed in accordance with laws of the Republic of South Africa without giving effect to any principles of conflict of law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved by our compliance officer, the such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Blake and Els Wealth and Risk Management’s address for receipt of the legal service of documents is PO Box 15442, Lambton, 1414.

7. General Legal Terms

These terms constitute the sole record of the agreement between Blake and Els Wealth and Risk Management in relation to the subject matter hereof. Neither you nor Blake and Els Wealth and Risk Management shall be bound by and express neither tacit nor implied representation, warranty, promise or the like nor recorded herein. These terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Blake and Els Wealth and Risk Management in respect of the subject matter hereof. No indulgence or extension of time which either you or Blake and Els Wealth and Risk Management may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. You are not entitled to cede, assign and delegate any of your rights or obligations in terms of these Terms to any third party without the prior written consent of Blake and Els Wealth and Risk Management. All provisions of these terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of the these Terms which is or becomes unenforceable in any jurisdiction, whether due to the voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto (as if it were not written) and the remaining provisions of these terms and conditions shall remain in full force and effect. Should Blake and Els Wealth and Risk Management be prevented from fulfilling any of its obligations to you as a result of any event force majeure (Act of God), then those obligations shall be deemed to have been suspended to the extent that and for as long as Blake and Wealth and Risk Management is so prevented from fulfilling and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has occurred then Blake and Els Wealth and Risk Management shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, virus attacks, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.

Copyright 2010 Blake and Els Wealth and Risk Management

All Rights Reserved