Terms of Service
1. Introduction
1.1 These Terms of Service (“Terms”) govern your access to and use of services provided by Accisure (Pty) Ltd (“Accisure”, “we”, “us”, “our”).
1.2 These Terms apply to all users, members and customers who access or use Accisure services, including through our website, WhatsApp Business Platform, telephone, SMS, email or other electronic communication channels.
1.3 By accessing our website, communicating with us electronically or using any Accisure service, you agree to be bound by these Terms.
1.4 If you do not agree to these Terms, you must refrain from using Accisure services.
2. Important Consumer Protection Disclosures
2.1 If you are a consumer as defined in the Consumer Protection Act 68 of 2008 (“Consumer Protection Act”), Accisure is required to draw your attention to certain important terms.
2.2 Limitations of Risk, Legal Responsibilities and Liability
2.2.1 Clauses under the AcciDrive, AcciMed and AcciMed+ Terms and Conditions, including clause 1.7, are important as they limit or exclude obligations, liabilities and legal responsibilities that Accisure may otherwise have to you.
2.2.2 As a result, your rights and remedies against Accisure and other related persons or entities may be limited or excluded.
2.2.3 These clauses may also limit or exclude your right to recover or make claims for losses, damages, liability or harm suffered by you or others.
2.3 Assumption of Risk, Legal Responsibilities and Liability
2.3.1 Clause 9 of the General Terms and Conditions is important as you assume certain risks, legal responsibilities and liabilities.
2.3.2 You may therefore be responsible for claims and other amounts arising from these risks.
2.3.3 You accept responsibility for risks, damages, harm and injuries which may be suffered by you or others as described in these clauses.
3. Membership
3.1 Accisure services are provided on a membership basis.
3.2 Any person aged 18 years or older may apply for membership.
3.3 Services become available once required consent and personal information have been received.
3.4 Consent and Information Sharing
3.4.1 By providing consent, the member authorises Accisure to access and share:
3.4.1.1 Official documentation relating to an accident, including the Official Accident Report (OAR) from the South African Police Service (SAPS) and ambulance reports;
3.4.1.2 Any additional personal information reasonably required to render the Services.
3.5 Upon successful onboarding, Accisure will issue a digital membership card via electronic or digital communication channels to the contact number provided.
3.6 A member qualifies for the Services only once all prescribed data has been received and onboarding has been successfully completed.
4. Changes to These Terms and Conditions
4.1 Accisure may amend these Terms and Conditions at any time.
4.2 Changes will be communicated via email, SMS or other contact details provided to Accisure.
5. Consumer Protection Act Compliance
5.1 Nothing in these Terms:
5.1.1 Limits or exempts Accisure from liability where such limitation is not permitted by law, including liability for gross negligence;
5.1.2 Requires you to assume risk or liability where the law does not permit this; or
5.1.3 Limits or excludes warranties or obligations implied by applicable law where such limitation is not permitted.
5.2 These Terms and any services provided under them are governed by the Consumer Protection Act.
5.3 All provisions must be interpreted to ensure compliance with the Consumer Protection Act.
6. WhatsApp and Electronic Communications
6.1 By communicating with Accisure via WhatsApp or any other electronic communication channel, you:
6.1.1 Consent to receiving service-related communications electronically;
6.1.2 Acknowledge that messages, voice notes, images and documents may be stored and processed for service delivery, legal, regulatory and audit purposes;
6.1.3 Understand that WhatsApp communications are processed via Meta Platforms Inc. systems and are subject to Meta’s terms and privacy practices.
6.2 Accisure will not send marketing or promotional communications via WhatsApp without your explicit opt-in consent.
6.3 You may opt out at any time by replying “STOP” or contacting Accisure directly.
7. Privacy and Data Protection
7.1 Accisure processes personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA).
7.2 Personal information is collected and used solely for:
7.2.1 Providing Accisure services;
7.2.2 Communicating with you;
7.2.3 Complying with legal obligations;
7.2.4 Improving service delivery.
8. User Data Deletion
8.1 You may request deletion of your personal data at any time.
8.2 Requests may be submitted by:
8.2.1 Emailing info@accisure.co.za; or
8.2.2 Sending a WhatsApp message stating: “REQUEST DATA DELETION”.
8.3 Accisure may require reasonable proof of identity before processing a request.
8.4 Requests are processed within 30 days.
8.5 Certain information may be retained where required by law, including medical, claims, financial or regulatory records.
8.6 Full details are available in the Privacy Policy at: https://www.accisure.co.za/privacy-policy
9. Exclusion of Liability
9.1 Neither Accisure nor its directors, employees, representatives, agents or shareholders shall be liable for any loss, liability, damage, expense or penalty suffered directly or indirectly, except where directly attributable to fraud, dishonesty or gross negligence.
9.2 To the maximum extent permitted by law, Accisure’s total liability shall be limited to the value of membership fees received.
10. Force Majeure
10.1 Accisure shall not be liable for failure or delay in performing the Services due to a Force Majeure Event.
10.2 A Force Majeure Event includes circumstances beyond Accisure’s reasonable control, including but not limited to:
10.2.1 War, civil unrest, acts of state, sanctions or border closures;
10.2.2 Natural disasters including floods, fires, droughts or earthquakes;
10.2.3 Industrial action or interruption of electricity supply.
11. Miscellaneous
11.1 These Terms constitute the entire agreement between you and Accisure in respect of the Services.
11.2 You may not transfer or assign any rights or obligations under these Terms.
11.3 Accisure may transfer, cede, delegate or subcontract its rights or obligations without your consent, subject to notification where required.
11.4 These Terms are governed by the laws of the Republic of South Africa.
11.5 Failure by Accisure to enforce any provision shall not constitute a waiver.
11.6 If any provision is found unenforceable or invalid, the remaining provisions shall remain valid and enforceable.
12. Interpretation and Definitions
12.1 Headings are for convenience only and do not affect interpretation.
12.2 Unless the context indicates otherwise:
12.2.1 The singular includes the plural and vice versa;
12.2.2 Gender-neutral terms include all genders;
12.2.3 Defined or capitalised terms have the same meaning wherever used;
12.2.4 “Including” means “including but not limited to”.
12.3 Where a number of days is specified, the first day is excluded and the last day included.
13. Whole Agreement
13.1 These Terms contain all terms agreed between the member and Accisure in respect of the Services.
13.2 The member waives the right to rely on any terms not expressly contained in these Terms.
