Terms and Conditions

1. Definitions

In this user agreement, the terms below have the following meanings:

1.1 "Capital Legacy" means all members of the Capital Legacy group, being Capital Legacy Solutions (Pty) Ltd and its subsidiaries from time to time, including, without limitation, Capital Legacy Fiduciary Services (Pty) Ltd, Capital Legacy Board of Executors and Trust Company (Pty) Ltd and Quill Consulting Services (Pty) Ltd;

1.2 "Personal Information" means personal information as referred to in the Protection of Personal Information Act, 2013.

1.3 "Processing" means the automated or manual activity of collecting, recording, organising, storing, updating, distributing and removing or deleting of Personal Information;

1.4 "Terms of Use" means these terms of Use, as same may be amended by Capital Legacy from time to time by publication on this Website;

1.5 “we", "us", "our" refers to the owner of the Site, being Capital Legacy, whose head offices are at 1st Floor Roland Garros Building, the Campus, 57 Sloane Street, Bryanston, 2191;

1.6 "Website" means this website at www.capitallegacy.co.za ; and

1.7 "you" and "your" means the user of the Site.

2. Conditions of Access

2.1 Your access to, and use of this Website is subject to these Terms of Use.

2.2 By using this Website, you agree that these Terms of Use apply to your use of the Website. It is recommended that you regularly check this Website for any changes to these Terms of Use, as the Terms of Use displayed at the time that you make use of the Website will be applicable to your use at that time.

2.3 You may not:

  • 2.3.1 use the Website in a manner that could damage, disable, overburden, or impair any Capital Legacy server (computer), or network connected to any Capital Legacy server, or interfere with any other party's use of this Website;
  • 2.3.2 interfere with any content displayed on this Website or attempt or gain unauthorised access to the information displayed on this Website or to any secure area on the Website, a Capital Legacy server or any other part of Capital Legacy's information system. Any attempt, whether successful or unsuccessful, to do any of the aforgoing is unlawful and is an offence in terms of the provisions of section 86 of the Electronic Communications and Transactions Act No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.
  • 2.3.3 create a link from another website to this Website without Capital Legacy's prior written consent;
  • 2.3.4 frame this Website or any of its pages without Capital Legacy's prior written consent.

3. Copyright And Trademarks

3.1 Your access to this Website and the information contained on it, does not in any way grant or convey to you any rights in or to any material displayed or accessible from the Website (including all text, layout, graphics, artworks, animation material and general representation of the Website) or in any of the trademarks, copyright, designs, patents, domain names, know-how or any other intellectual property rights which may vest in Capital Legacy or in the author, compiler, creator or licensor of such information.

3.2 All Capital Legacy’s trademarks, logos, brands, domain names and other marks and intellectual property relating to this Website, or any information contained or accessible from this Website shall remain the sole and exclusive property of Capital Legacy and the relevant authors or licensors, and the you undertake that you will not use, duplicate, distribute, disseminate, adapt, display, alter or otherwise deal with such intellectual property without Capital Legacy's prior written approval.

3.3 You may only use information retrieved, viewed, downloaded or otherwise obtained by viewing this Website for your own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties unless the prior written consent of Capital Legacy has been obtained.

3.4 You undertake not to change or delete any proprietary notices contained in any material, data or information downloaded or otherwise retrieved from this Website.

3.5 Under no circumstances may you use, duplicate, distribute, reverse, engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recording on or otherwise) any of the material, information or content viewed, downloaded or otherwise retrieved from this Website without the prior written consent of Capital Legacy.

4. Links to third party sites

Third party websites which links may be provided ("Linked Sites") are not subject to the control of Capital Legacy and Capital Legacy is not responsible for the contents of any Linked Site or any further link contained in a Linked Site. Capital Legacy provides links to you only as a convenience and the inclusion of any link does not imply that Capital Legacy endorses, authorises, or sponsors that Linked Site, or that Capital Legacy is affiliated to such website's owners or sponsors.

5. Electronic transactions, communications, and records

5.1 When you communicate with Capital Legacy via forms and chatbots on this Website, you consent to receiving responses to your communications by electronic communication addressed to you by Capital Legacy. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Capital Legacy satisfy any legal requirement that such communications should be in writing.

5.2 You accept the risks inherent in electronic communication in whatever form.

5.3 You consent to Capital Legacy acting on the information communicated to Capital Legacy electronically. You are responsible for ensuring that Capital Legacy has received the information communicated electronically.

6. Disclaimer

This Website and the information contained therein is provided "as is" and Capital Legacy makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:-

6.1 Capital Legacy does not warrant that the Website or information provided will be error-free or will meet any particular criteria of performance or quality. Capital Legacy expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy;

6.2 the content or information displayed on this Website or any Linked Site is not intended as advice but merely as information. Before making any decision or taking any action based on any information displayed on the Website or any Linked Site that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice; and

6.3 whilst Capital Legacy has taken reasonable measures to ensure the integrity of this Website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this Website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer devices.

7. Limitation of liability

7.1 Capital Legacy will not be responsible to you or any third party for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) arising, directly or indirectly, from the use of, or reliance upon, any content displayed on this Website.

7.2 Capital Legacy 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 and

7.3 You hereby indemnify and hold Capital Legacy harmless against all and any loss, liability, action, law suits, proceedings, costs, demands, and damages of all and every kind, (including but not limited to, direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action arising out of or in connection with the failure or delay in the performance of the services offered on this Website, or due to your use of this Website.

7.4 Online users must keep confidential their personal usernames and passwords, at all times. Capital Legacy shall be entitled to presume the authenticity and validity of any online communication or transaction and that the online customer is the originator of such online communication or transaction where the username and password of that online customer is used to gain access to, view and/or engage in any activity or transaction or service offered on this website.

7.5 The online users hereby indemnifies Capital Legacy, its employees, representatives and service providers and holds them harmless against any and all claims, losses and damages which Capital Legacy or any third party may incur as a result of reliance placed on any information, data and material furnished by a prospective policyholder or policyholder to Capital Legacy.

8. Personal information

Capital Legacy will be Processing your Personal Information according to the Protection of Personal Information Act, No. 13 of 2013 and additional data protection laws. To find out more about how we use your Personal Information you can access our Privacy Notice here.

9. Termination and variation

Capital Legacy reserves the right to alter, restrict and / or terminate the services on its Website, without notice or reason, or to revise these Terms of Use at any time. Such changes will be published on this Website and be deemed to have been accepted by You if the You continue to use the Website. The obligation is therefore on You to appraise yourself of the Terms of Use of this Website each time you make use thereof.

10. General

10.1 These Terms of Use will be governed by and construed in accordance with the laws of South Africa, and you agree to submit to the exclusive jurisdiction of the South African courts. Capital Legacy’s failure to exercise any particular right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

10.2 By using the Website, you expressly agree to these Terms of Use. If you do not agree to the Terms of Use, you should immediately cease use of the Website.

10.3 If any of the above Terms of Use is not fully enforceable in law for any reason, the remainder of the terms shall nonetheless continue to apply.