Who we are:
In this Notice/Policy, “Churchill”, “Churchill Group”, “us” or “we” refers to one or more of the companies / entities in the Churchill Group that operate in South Africa.
1.1. In this user agreement, the terms below have the following meanings:
1.1.1. “Competent Person” means anyone who is legally competent to consent to any action or decision being taken for any matter concerning a child (minor under 18 years of age), for example, a parent or legal guardian.
1.1.2. “Churchill App” means any online application software that is provided by or is connected with Churchill that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.
1.1.3. “Churchill Group” means Churchill Group (Pty) Ltd and its affiliates and subsidiaries from time to time.
1.1.4. “Pass” means a digital representation of the information you would normally carry in your wallet, for example, membership cards, boarding passes, event tickets and vouchers.
1.1.5. “Personal information” means information relating to you or any other living person or existing legal entity, including but not limited to –
- information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
- information relating to the education or the medical, financial, criminal or employment history of the person;
- any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person, provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.
1.1.6. “Site” means collectively our website/s and the Churchill Apps.
1.1.7. “we“, “us“, “our” and “Churchill” means the Churchill Group and its affiliates and subsidiaries from time to time.
1.1.8. “website” means the internet websites with the address www.Churchill.co.za or any website with a URL that is validly registered to Churchill.
1.1.9. “you” and “your” means the user of the Site.
1.1.10. “Processing of Information” means the automated or manual activity of collecting, recording, organising, storing, updating, distributing, and removing or deleting personal information.
2. Conditions of Access:
2.2. To avoid any confusion, you agree that these terms and conditions apply to your use of:
2.2.1. the website; and
2.2.2. any Churchill Software; and
2.2.3. any Churchill resources or templates contained or downloaded from the website; and
2.2.4. any Churchill Apps; and
2.2.5. any third-party website or mobile application licensed to us.
Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site, your cell phone or internet service provider may, depending on the type of service and contract you have, charge you for accessing the Site or for any usage of the Site (such as data charges, SMS charges, VOIP charges). Churchill cannot be held responsible for these charges.
3. Your Acceptance and Consent:
3.1. By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Site.
3.2. When you install or download the Churchill Apps, Software, templates or resources, you may be required to accept the terms and conditions or the end user license agreement (collectively, the “EULA”) of a third-party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that, the EULA will apply to your use of the Churchill items as detail above.
3.3. You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.
3.4 These terms and conditions apply to all email communications. Refer Email Disclaimer for more details.
4. Changes to this User Agreement:
4.1. We may change the terms and conditions of this user agreement at any time. We recommend that you familiarise yourself with this user agreement regularly.
4.2. The most updated version of this user agreement will apply each time that you access and use the Site.
5. Your account:
5.1. If you use the Site, you must keep your access details (including, your username and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password, and accept responsibility for sharing your username and password. You are only permitted to use one account. If you use more than one account, we may revoke all access.
5.2. Once you’ve logged onto the Site, certain information, functionalities, and other features of the Site will be accessible to you the next time you access the Site, without having to re-enter your password. If you prefer to enter your password every time you access the Site, you can change the setting in the menu option.
5.3. Churchill may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
5.4. You agree that the following actions shall be material breaches of these terms and conditions:
5.4.1. signing in as, or pretending to be, another person; or
5.4.2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others; or
5.4.3. using interactive services in a way that is intended to harm, or could result in harm, to you or to other users of the Site; or
5.4.4. gathering information about others without obtaining their prior written consent.
5.5. You also agree that any use of your access details shall be regarded as if you were the person using such information.
5.6. You may change your username and password at any time, although Churchill may determine certain requirements that you will need to meet when choosing a username or password. These requirements may be changed from time to time, and you may be required to update your credentials following such changes.
6. Full disclosure of all relevant facts and benefit entitlement:
6.1. Churchill might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.
6.2. You guarantee that all information provided by you at any time to Churchill on or via the Site, will be true, accurate, current, and correct and you undertake to update the information as and when required.
6.3. You guarantee that you have fully disclosed all facts, and agree that this user agreement and any transactions related to this user agreement will be void if you do not meet this requirement.
7. Electronic communication and records:
7.1. When you visit the Site or contact us electronically, you accept that we may communicate with you using various electronic channels. All records that you send to us may be stored electronically, and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.
7.2. Any electronic communication (for example, an e-mail, SMS, or WhatsApp) sent to you will be regarded to have been received by you upon being sent by Churchill. This includes, but is not limited to mobile push notifications. You are responsible for providing, at your expense, any access to the internet and any required equipment for purposes of such electronic communication.
7.3. If you are a registered user of the Site, you may receive communications from us electronically, including but not limited to email, SMS and WhatsApp. If you do not wish for us to communicate with you through a specific channel, you may change the way you receive your communication on the Site.
7.4. Churchill takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online, and you agree that you do this at your own risk.
7.5. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.
8.1. All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to Churchill, unless we expressly state that it is not, and is protected by South African and International law. In addition, the compilation of all content on the Site is the exclusive property of Churchill and is protected by South African and International Copyright Laws.
8.2. Except if permitted under this or another agreement with Churchill, no portion of the Site may be copied, distributed, adapted, or transmitted via any means available now or in the future without the prior written permission from Churchill and its affiliates and subsidiaries from time to time, such as Churchill Communications (Pty) Ltd (“Churchill”).
8.3. Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.
8.4. You agree that if you breach the terms of this clause 8, Churchill will have the right to claim damages from you, which will include the right to claim special, incidental, consequential or indirect damages. Churchill will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
8.5. Nothing on the Site should be regarded as granting any licence or right to use any trademark without Churchill’s prior written permission.
8.6. Churchill tries to ensure that the most sophisticated technology protects the information on the Site. However, Churchill cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
8.7 Some information displayed on this Site may consist of User-Generated Content, which could be articles, templates, files, and handy tips or the like, submitted by users of the Site.
8.7.1 By submitting any User Generated Content to the Site you hereby grant Churchill an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right, and license to use, display, publicly use, modify, reproduce, publish, distribute, make derivative works of, modify, sublicense, and otherwise commercially and non-commercially exploit your submitted User-Generated Content, and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and to authorise others to do so, without separate compensation to you or any other person or entity.
8.7.2 Churchill may, in its sole discretion, edit or delete your submitted User Generated Content.
8.7.3 By submitting any User-Generated Content to the Site, you represent and warrant that you have all necessary right, power, and authority to grant the license set forth herein to your submitted User Generated Content, and that your submitted User Generated Content does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any other person or entity.
8.7.4 You will take any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Churchill to effect, perfect or confirm the license to your submitted User Generated Content as set forth herein.
8.7.5 By submitting User Generated Content, you hereby grant Churchill the right to use your name and other information about you in connection with the publication, use or posting of your submission.
9.1. The Site and all information, content, tools, and materials are provided by Churchill on an “as is” and “and available” basis, unless we inform you in writing.
9.2. Churchill does not guarantee the operation of the Site or the information, content, tools or materials on the Site. You agree that you use the Site at your own risk.
9.2.1 The information contained in this Site is for general information purposes only.
9.2.2 The information is provided by Churchill and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, articles, blogs posts, comments, products, services, or related graphics contained on the Site for any purpose.
9.2.3 Any reliance you place on such information is therefore strictly at your own risk.
9.3. Churchill does not guarantee that (i) the Site; (ii) the information, content, tools or materials included on the Site; (iii) the Churchill servers; or (iv) that any electronic communications sent by us are free from viruses or other harmful components. Churchill will not be liable for any damages of any kind arising from your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.
9.4. We are fully committed to providing you with the best possible service. However, we are not responsible for:
9.4.1. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of Churchill; or
9.4.2. any inaccurate, incomplete or inadequate information obtained from the Site supplied by you.
9.5. Neither will we be responsible for any loss or damages including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Site or using our services that may arise from:
9.5.1. any of the events described in this paragraph or the paragraphs above; or
9.5.2. your actions or omissions that result in a breach of this user agreement; or
9.5.3. any links to other websites from the Site. You also acknowledge that we cannot control the content of or the products offered on those websites; or
9.5.4. a denial of access to the Site should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the Site or put Churchill in disrepute; or
9.5.5. your reliance on any of the information, content, tools or materials that you obtain from the Site.
9.6. It is very important that you acknowledge and understand that the information included on the Site should not be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your financial adviser should you require any financial services or financial advice.
9.7 Through this Site, you are able to link to other websites which are not under the control of Churchill. We have no control over the nature, content, and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or an endorsement of the views expressed within them.
9.8 Only duly authorised staff acting within the scope of their authority are able to bind Churchill contractually. Unless expressly indicated, and contracted as such, nothing in this Site constitutes an offer, warranty or representation from us.
9.9 Any views or opinions expressed are solely those of the author and do not necessarily represent those of Churchill, its shareholder or directors.
10.1. While Churchill makes every effort to ensure that the content, and information on the Site is complete, accurate, and up to date, we make no guarantee about the suitability of the products, and services on the Site or whether they are complete accurate or appropriate.
10.2. You agree to fully indemnify Churchill, its shareholders, its directors, and employees (where applicable) against any claim, loss or damages which you may incur or suffer as a result of your use of the Site.
10.3. You agree to fully indemnify Churchill, its shareholders, its directors, and employees (where applicable) from any errors or inaccuracies or incomplete information made available by any third parties on the Site and agree that we will not be liable for any loss or damages, including direct, indirect, and consequential loss, that may arise from any disclosure to or by any third parties.
10.4. You agree that all information, including products, and services or any terms or conditions relating to them, on the Site may change.
10.5. You agree that any calculations made on the Site are estimates, and are meant as guidelines only.
10.6. Churchill is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations on the Site.
10.7. All products, and services provided on the Site are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.
10.8. You accept that some of the information, content, tools or materials on the Site come from external sources, and you agree that Churchill, its shareholders, its directors, and employees (where applicable) is not responsible, and will not be held liable, for any information or content, received from these external sources.
11. Phishing and spoofing:
11.1. If you receive an unsolicited e-mail that appears to be from Churchill, and that requests you to provide personal information (such as your banking details, credit card number, email, username, or password), or that asks you to verify or confirm your Churchill information by clicking on a link, it is most likely that the e-mail was sent by a “phisher” or “spoofer.”
11.2. Churchill will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails, and that you do not click on the link. Responding to “phishing” places you, and your personal information at risk. Churchill, its shareholders, its directors, and employees (where applicable) cannot be held responsible for any consequences resulting from your response to any email sent by a “phisher” or a “spoofer”.
12. Linking to third party websites and applications:
12.1. The Site may contain certain images, and links to other third-party websites, and applications with information, content or material produced by other parties. These linked third-party websites are not under the control of Churchill, and Churchill, its shareholders, its directors, and employees (where applicable) is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.
12.2. Churchill is providing these links to you only as a convenience, and you agree that the inclusion of such links does not imply an endorsement by Churchill of the linked website, their business or security practices, or any association with its operators.
12.4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.
13. General Provisions:
13.1. The headings of the clauses in this user agreement are provided for convenience and ease of reference only, and will not be used to interpret, modify, or amplify this user agreement.
13.2. If any provision of this user agreement is held to be illegal, invalid, or unenforceable, that illegality, invalidity, or unenforceability shall not affect the other provisions of this user agreement.
13.3. No failure or delay by Churchill to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.
To find out more detail of the terms and conditions associated with the use of this Site please use the link below.
Changes to this notice:
Please note that we may amend this Notice from time to time. Please check this Site periodically to inform yourself of any changes.