Terms of Service
Last updated: October 29, 2024
Lebon Consulting (Pty) Ltd
Registration Number: K2021570343
FSP Number: 53013
5th Floor, Bloukrans Building, Lynwood Bridge, Pretoria, 0081
info@lebonconsulting.co.za | 012 745 8100
1. Agreement to Terms
By accessing or using InsureByte ("the Platform"), a product of Lebon Consulting (Pty) Ltd ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. These Terms apply to all visitors, users, and others who access or use the Platform.
2. Description of Service
InsureByte is a cloud-based insurance administration platform that provides:
- Policy and policyholder management
- Premium collection and tracking
- Claims registration and settlement
- Regulatory compliance and reporting tools
- Self-service portals for customers and intermediaries
- Integration with third-party systems
3. User Accounts
To access certain features of the Platform, you must register for an account. When you register, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.
4. Acceptable Use
You agree not to use the Platform to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit harmful, fraudulent, or deceptive content
- Attempt to gain unauthorized access to any part of the Platform
- Interfere with or disrupt the Platform or servers
- Use automated systems to access the Platform without permission
- Collect or harvest user information without consent
- Upload viruses, malware, or other malicious code
5. Subscription and Payment
Access to InsureByte requires a paid subscription. By subscribing, you agree to:
- Pay all fees associated with your chosen subscription plan
- Provide accurate billing information
- Automatic renewal of your subscription unless cancelled
- Our right to modify pricing with reasonable notice
Fees are non-refundable except as required by law or as expressly stated in a separate agreement.
6. Data Ownership and Processing
You retain ownership of all data you submit to the Platform ("Your Data"). By using the Platform, you grant us a limited license to:
- Process Your Data to provide the services
- Store Your Data on secure servers
- Create anonymized, aggregated data for analytics and improvements
- Back up Your Data for disaster recovery purposes
We process personal data in accordance with our Privacy Policy and applicable data protection laws, including POPIA.
7. Intellectual Property
The Platform, including its original content, features, and functionality, is owned by Lebon Consulting (Pty) Ltd and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent.
8. Service Availability
We strive to maintain high availability of the Platform but do not guarantee uninterrupted access. We may:
- Perform scheduled maintenance with reasonable notice
- Conduct emergency maintenance when necessary
- Modify, suspend, or discontinue features at our discretion
We are not liable for any loss or damage resulting from service interruptions.
9. Regulatory Compliance
InsureByte is designed to assist with insurance administration in compliance with South African regulations. However, you remain responsible for ensuring your use of the Platform complies with all applicable laws, regulations, and industry standards, including the Insurance Act, Financial Sector Conduct Authority (FSCA) requirements, FAIS, and TCF principles.
10. Limitation of Liability
To the maximum extent permitted by law:
- The Platform is provided "as is" without warranties of any kind
- We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
- We are not liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the fees paid by you in the twelve months preceding the claim
11. Indemnification
You agree to indemnify, defend, and hold harmless Lebon Consulting (Pty) Ltd, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.
12. Termination
Either party may terminate this agreement:
- With 30 days written notice for any reason
- Immediately upon material breach by the other party
- Immediately if required by law or regulatory authority
Upon termination, your access to the Platform will cease. You may request export of Your Data within 30 days of termination, after which we may delete it.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of South Africa.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Platform. Your continued use of the Platform after such modifications constitutes acceptance of the updated Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Contact Information
For questions about these Terms, please contact us:
Lebon Consulting (Pty) Ltd
5th Floor, Bloukrans Building
Lynwood Bridge, Pretoria, 0081
Email: info@lebonconsulting.co.za
Phone: 012 745 8100