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Elevate’s terms of service.
All the legal jargon.

  1. APPLICATION OF THESE TERMS AND CONDITIONS
    1. These terms and conditions (“Terms”) apply to the Elevate Customer Portal and Broker Portal applications, as well as the Elevate website and online digital tools (such as the Elevate digital quoting/onboarding process and needs calculator) that are owned by, provided by, or connected with Elevate (collectively referred to as the “Elevate Applications”). The Elevate Applications may be accessed at www.elevate.co.za, portal.elevate.co.za or elevatebroker.elevate.co.za. The Elevate Applications, as defined, include any content or services, which are included in or accessible from the Elevate Applications.
    2. These Terms are binding on everyone who chooses to access or use the Elevate Applications, or participate in any activity offered on the Elevate Applications (each a “User”). By using and/or accessing the Elevate Applications, the User agrees to be bound by, and shall be regarded to have accepted to abide by, these Terms, as well as any specific terms applicable to the User, which Terms the User acknowledges to have read and understood.
    3. In the event of a conflict between these Terms and any specific terms applicable to a specific User, and only to the extent of the conflict, the more specific term will apply.
    4. The Elevate Applications are digital platforms, which allow Users to:
      1. access their third-party data such as health, wellness, credit, and financial data;
      2. get goals and tips to improve healthy behaviours;
      3. earn rewards for achieving health and/or wellness goals;
      4. be informed about services offered by Elevate (the “Services”);
      5. have the Services administered, as well as receive quotes in respect thereof;
      6. get quotes in respect of Elevate’s financial service products;
      7. purchase Elevate’s financial service products; and
      8. receive information on their financial service needs.
    5. A User must register an account with Elevate on the Elevate Applications, in order to use the Elevate Customer Portal and Broker Portal applications.
    6. Elevate reserves the right to, and may occasionally make, any changes to these Terms, at any time and without notice, by uploading the amended Terms on the Elevate Applications. Such changes will be effective once the amended Terms are uploaded and published on the Elevate Applications. If the User continues to use these Elevate Applications, after the changes have been uploaded, this action shall represent the User’s agreement to be bound by the updated Terms.
  2. GRANT OF RIGHTS AND USE OF THE ELEVATE APPLICATIONS
    1. Elevate grants to the User the right to access and use the Elevate Applications, upon acceptance of these Terms.
    2. The rights granted to the User by way of these Terms are personal, revocable, non-transferable, limited, and non-exclusive.
    3. General access to the Elevate Applications will be free for Users. However, in order to use certain extensions to the Elevate Applications, a User will be required to:
      1. pay a service fee to Elevate;
      2. be a beneficiary of one of Elevate’s partner medical schemes;
      3. purchase an Elevate financial services product, which will require the User to pay a monthly premium; or
      4. be a registered intermediary and be granted access to such extensions, in accordance with the terms of the service level agreement entered into by the intermediary and Elevate Life (Pty) Ltd (registration number 2016/001863/07).
    4. For Elevate policyholders, the service fee will be included in the premiums payable by the policyholder.
  3. RESTRICTIONS ON USE OF THE ELEVATE APPLICATIONS
    1. The User shall not be entitled to use the Elevate Applications for any purpose other than as provided for in these Terms.
    2. The User specifically may not:
      1. use, copy, reproduce, adapt, distribute, publish, upload, post, republish, transmit, or in any other way deal or interfere with, the Elevate Applications’ contents, without the prior written consent of Elevate;
      2. modify, translate into any language or computer language, or create derivative works from, any content or any part of the Elevate Applications;
      3. reverse engineer any part of the Elevate Applications;
      4. use the Elevate Applications to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
      5. disguise the information transmitted through the Elevate Applications;
      6. sell, offer for sale, transfer, or license any portion of the Elevate Applications in any form to any third parties;
      7. use or access the Elevate Applications in any way that, in Elevate’s reasonable judgment, adversely affects the performance or function of the Elevate Applications, or any other computer systems or networks used by other Users;
      8. use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of the Elevate Applications, or take any action that imposes an unreasonable load on Elevate’s equipment;
      9. disguise the origin of the information transmitted through the Elevate Applications; or
      10. post on the Elevate Applications any content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive, or likely to promote violence or hatred against others or that contains abusive, offensive or profane language. A User shall also not post on the Elevate Applications any link to any such content.
    3. Elevate encourages the User to report illegal, defamatory, infringing, incorrect, or harmful content from the Elevate Applications to Elevate and Elevate undertakes to correct or remove such content or any part thereof, if it deems it appropriate to do so, in its sole discretion.
    4. To use the Elevate Applications, the User must be 18 years of age or older, where the User is a natural person, and the User must have the legal capacity to conclude binding contracts. If the User is submitting information on behalf of a person under 18 years (a “minor person”), the User warrants that they are legally competent to provide such consent or information in relation to such minor person. By using the Elevate Applications, the User warrants that he/she is 18 years of age or older and that he/she/it has the legal capacity to use the Elevate Applications.
  4. GENERAL DISCLAIMER
    1. Elevate reserves the right to make any changes to the Elevate Applications, their content and/or the Services offered through the Elevate Applications at any time and without prior notice. The User warrants that they will review the Terms on a continual basis and remain up-to-date in respect of any changes
    2. Elevate uses cookies to analyse the traffic to the Elevate Applications and to improve the Users’ experience in respect of the Elevate Applications and the Services offered through the Elevate Applications. Elevate may also share such information with its analytics or advertising partners. If a User continues to access and/or use the Elevate Applications, they will be providing their consent to Elevate’s use of cookies.
    3. The content published by a User on the Elevate Applications reflects the views of the relevant User or author thereof and does not necessarily represent the official opinion of Elevate, unless otherwise stated.
    4. Although every effort will be made to have the Elevate Applications available at all times, the Elevate Applications may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption.  Elevate does not warrant that the Elevate Applications will be uninterrupted, nor will it be held liable for such downtime, and, where the User is an intermediary, the User indemnifies Elevate against any loss, damage, claims, costs or penalties incurred or suffered by any third party that such User represents and no User shall have a claim of any nature whatsoever against Elevate, as a result of such unavailability.
    5. Elevate makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of any information on the Elevate Applications, to the fullest extent permitted by law. Elevate assumes no liability or responsibility for any errors or omissions in the content of the Elevate Applications and further disclaims any liability of any nature for any losses, howsoever arising, in connection with the use of the Elevate Applications, or any content contained therein, insofar as it is lawful to do so.
    6. Any commentary, advice, information, suggestions, opinions, answers, or any other information posted on the Elevate Applications is not intended to, nor shall it be interpreted to, amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and disclaims and holds Elevate harmless from and against any and all liability and responsibility arising from any reliance placed on such information posted on the Elevate Applications.
  5. USER WARRANTIES AND INDEMNITY
    1. By accessing the Elevate Applications, the User represents and warrants that the User owns and/or otherwise controls all rights to the content that the User posts and/or uploads on the Elevate Applications.
    2. Furthermore, the User represents and warrants that the content submitted to the Elevate Applications is accurate, can be used, and will not result in injury, or insult or violate any clause of these Terms or any law.
    3. The User shall indemnify and hold Elevate, its representatives, employees, agents, and contractors harmless from and against any and all losses, liabilities, proceedings, costs and/or damages of all and every kind, howsoever arising (and including, for the avoidance of doubt, direct, indirect, special or consequential damages), including in relation to:
      1. any claims or legal proceedings which are brought or threatened against Elevate by any person, arising from the User’s use of the Elevate Applications (whether directly or otherwise) and whether as a result of Elevate’s negligence or otherwise; or
      2. any breach of these Terms by the User.
  6. USER REGISTRATION AND ACCESS
    1. The User acknowledges that he/she/it shall be required to provide Elevate with personal information upon registration, in order to create an account with which the User can access the Elevate Applications, and the User shall be required to keep such personal information up to date and accurate.
    2. The User accepts full responsibility for all activities that occur under the User’s access details or password and accepts responsibility for sharing their username and password.
    3. If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Elevate Applications’ security systems, the User must keep this information secret and confidential and must not permit anyone else to use it.
    4. The User shall be responsible for all access to the Elevate Applications, which Elevate Applications can be accessed with the User’s username and password. When the User’s username and password have been used in order to gain access to the Elevate Applications, Elevate shall be entitled to assume that such use and all related communications emanate from the User. Elevate shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
    5. In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Elevate, with subsequent confirmation of the breach in writing.  The compromised username and password will be deactivated by Elevate as soon as reasonably possible and a new username and password will be issued to the User. Elevate may, in its sole and absolute discretion and for any reason whatsoever, require the User to change their username and password at any time.
    6. The User will be automatically logged out of the Elevate Applications after a certain period of inactivity and will have to fill in their username and password again thereafter.
    7. The User shall be allowed to utilise a “Reset password” and “Forgot password” function through either email or SMS. The User acknowledges that the User’s access to the Elevate Applications may be refused if his/her/its information cannot be verified.
    8. The User agrees that Elevate cannot be held responsible for charges incurred by the User in respect of accessing the Elevate Applications or for any usage of the Elevate Applications, including but not limited to data and text message charges.
  7. ELEVATE APPLICATIONS ENHANCEMENTS AND SUPPORT
    1. Although the User may be granted access to the Elevate Applications’ enhancements, upgrades, later releases or versions, the User shall have no general right thereto. These enhancements, upgrades, later releases or versions shall be made available to the User in Elevate’s sole and absolute discretion.
    2. The User agrees that the Elevate Applications may automatically be enhanced or upgraded for the continued functionality of the Elevate Applications, or for any reasonable business purpose, and the User consents to such enhancements and upgrades.
    3. Elevate may notify the User when new enhancements and upgrades are ready to be installed from time to time and/or make such enhancements or upgrades available for the User.
    4. The User’s use of the enhancements or upgrades will be governed by these Terms, unless the User is asked to agree to new or additional terms and conditions at the time of being granted access to the enhanced or upgraded Elevate Applications.
    5. The User shall have no general right to maintenance and support services in respect of the Elevate Applications. Elevate may, in its sole discretion, make such support services available to the User.
  8. USER CONTENT
    1. The User shall be allowed to create a profile and submit information through the Elevate Applications.
    2. Upon the User providing informed consent (which consent is provided by the User in accessing and/or using the Elevate Application and thereby accepting these Terms) and actively going through the process of linking their profiles, the User’s previous and ongoing data will be linked to their profile from the following data sources:
        1. healthcare data will be extracted from the User’s medical scheme;
        2. fitness data will be extracted from the User’s wearable devices;
        3. credit data will be extracted from a South African credit bureau;
        4. financial data will be extracted from various financial institutions; and
        5. the User will be able to submit information to Elevate via digital forms in order to purchase Elevate’s financial service products or to receive quotes or information on their financial needs,

      (collectively referred to as “User Content”).

    3. The User acknowledges that Elevate does not editorially control, filter or read User Content on the Elevate Applications on an ongoing basis and acknowledges and agrees that Elevate shall not be responsible, in any way, for any User Content. Any User that views and relies on User Content shall do so at their own risk. The User hereby waives, insofar as he/she/it is permitted by law to do so, any claim of any nature whatsoever against Elevate for any damages or losses suffered by the User in respect of User Content.
    4. The User agrees to grant Elevate a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and licence to view, aggregate or otherwise use the User Content in any format in connection with the operation of Elevate’s various businesses (including, without limitation, the Elevate Applications), subject to the terms of Elevate’s Privacy Policy currently in force, and which Privacy Policy is available for review on Elevate’s website.
    5. The User understands and agrees that Elevate will at times make aggregate statistics based on the User Content available to any participating medical scheme.
    6. Where the User is a financial advisor, the User agrees to maintain the confidentiality of any and all personal information, which he/she/it obtains from the Elevate Applications and to only process such personal information in accordance with the provisions of the Protection of Personal Information Act 4 of 2013.
  9. WARRANTIES AND INDEMNITY REGARDING THE SERVICES
    1. Elevate makes no warranties or representations in respect of the Services.
    2. By using the Elevate Applications, the User agrees to hold Elevate harmless in respect of any loss or damage (of any nature whatsoever) that might arise out of a User’s utilisation of the Services. Neither Elevate nor its officers, employees, agents, or contractors shall be responsible for the conduct, whether online or offline, of any User.
    3. Elevate shall not be liable for any damages, injury, loss, cost, or expense suffered or incurred by Users attributable to Services provided pursuant to a User using the Elevate Applications.
    4. To the fullest extent permitted by law, the User indemnifies and holds Elevate, its officers, employees, agents, and contractors harmless against all claims, liability, injury, losses, costs, expenses, and penalties arising from or related to the Services procured and/or provided by Users to other Users on the Elevate Applications.
  10. LIABILITIES REGARDING USE OF THE ELEVATE APPLICATIONS
    1. The User makes use of the Elevate Applications at his/her/its own risk.
    2. The Elevate Applications and all information, content, materials, and services included or otherwise made available to the Users therein, are provided on an “as is” and an “as available” basis.  Elevate makes no warranties or representations of any kind, express or implied, as to the operation of the Elevate Applications or the available information, content, materials, or services included in or otherwise made available to the Users.
    3. Notwithstanding anything to the contrary contained in these Terms, and to the fullest extent permitted by law, Elevate shall have no liability for any loss, damage, cost, claim, or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Elevate Applications, whether caused by latent or patent defects in the Elevate Applications, the use of the Elevate Applications and/or information contained on the Elevate Applications or otherwise.
    4. Elevate will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Elevate.
    5. These Terms do not intend to, nor shall they be interpreted to, limit the liability of Elevate in any way that would be illegal for Elevate to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
  11. INTELLECTUAL PROPERTY
    1. The Elevate Applications are owned by Elevate  and the User acknowledges that Elevate and its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Elevate Applications including, without limitation, patents, inventions, copyright, trademarks, goodwill and/or trade secrets (“Intellectual Property”) associated with, related to, or appearing on the Elevate Applications.
    2. The content of the Elevate Applications, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law.  The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
    3. The User undertakes:
      1. not to use or register any trademark(s), trade name(s) or other device(s) which are, or incorporate marks which are, the same as or confusingly similar to Elevate’s trademark(s) or which marks are likely to be related to any of Elevate’s trademark(s) or where such use would take unfair advantage of or be detrimental to the distinctive character or the reputation of any of Elevate’s trademark(s);
      2. not at any time to do, or cause to be done, any act or thing which in any way impairs or tends to impair any part of Elevate’s rights, title and interest in and to the Intellectual Property; and
      3. not to use the Intellectual Property in an unauthorised manner or to represent that he/she/it has any rights of any nature in or to the Intellectual Property or any registrations thereof.
    4. Without limiting the generality of the provisions of clause 11.3, the User undertakes not to make reproductions or copies of, or to use in an unauthorised manner, any work or material displayed or made available on the Elevate Applications and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
    5. Elevate’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Elevate.  Elevate’s trademarks and trade dress may not be used in connection with any product or service that is not conducted by Elevate or in any manner that is likely to cause confusion among Elevate’s customers or potential customers, or in any manner that disparages or discredits Elevate.
    6. The User may not use any of the Intellectual Property without Elevate’s prior written consent. All other trademarks not owned by Elevate that appear on the Elevate Applications are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Elevate. The User may not use such trademarks without prior written consent from the relevant owners.
  12. MALICIOUS SOFTWARE AND OFFENCES
    1. The User undertakes that:
      1. the User will not use the Elevate Applications in any way that causes, or is likely to cause the Elevate Applications, and access to the Elevate Applications, to be interrupted, damaged or impaired in any manner;
      2. no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Elevate Applications or into Elevate’s system, which may cause any form of technological harm or any other form of harm in any manner or respect;
      3. the User will not attempt to gain unauthorised access to the Elevate Applications;
      4. the User will not attempt to gain unauthorised access to the Elevate Applications’ server, databases, computers or any other device associated with the Elevate Applications and will not attack the Elevate Applications through a denial-of-service attack or a distributed denial-of-service attack;
      5. the User will not frame the Elevate Applications or any of the pages on the Elevate Applications, or use any other framing technique to enclose any portion or aspect of the Elevate Applications, or mirror or replicate any portion of the Elevate Applications;
      6. the User will not “deep link” the Elevate Applications to any other pages in a manner that would incorrectly suggest endorsement or support of Elevate or which would suggest that the User is the owner of any Intellectual Property; and
      7. the User will not use any technology (including spiders or crawlers) to search and gain any information from the Elevate Applications.
    2. Any breach of these Terms may be reported to the relevant law enforcement agencies (where applicable) and Elevate will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
    3. Although Elevate and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Elevate Applications, Elevate does not warrant that the Elevate Applications are free of malicious content or viruses and Elevate will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 12.1.2. which may infect any User’s computer or device, computer equipment, data, or any other propriety material, where such loss is or may be attributed to the User’s use of the Elevate Applications or downloads received from the Elevate Applications.
    4. The User warrants that they will not use the Elevate Applications in any manner that will break any law enforceable in the Republic of South Africa or cause any annoyance, unnecessary anxiety, nuisance, or inconvenience to any person.
  13. SUSPENSION AND DEREGISTRATION
    1. Elevate reserves the right, in its sole and absolute discretion to, at any time, suspend or terminate the Elevate Applications or any activity on or access to the Elevate Applications for any reason, including (without limitation) any misconduct, unlawful use of the Elevate Applications by any User, a breach of the Terms by the User or for any reasons relating to any law, legislation or regulation, whether temporarily or permanently, without notice to the User, without any liability on Elevate’s part and without prejudice to Elevate’s rights in terms of these Terms or any applicable laws.
    2. In the event that the Elevate Applications themselves, or any activity or event on the Elevate Applications, or any person’s purchase of any of the Services is suspended or terminated, a User shall have no claim against Elevate for any reason whatsoever, to the fullest extent permitted by law.
  14. ADDRESSES
    1. Each of the User and Elevate (each a “Party”) chooses the addresses set below as its address to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:
      1. Elevate: As per clause 17 below; and
      2. The User: As per the address supplied by the User upon registering with the Elevate Applications, failing which such address as provided by the User upon request by Elevate, which address shall not be a post office box address.
    2. Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
    3. Any notice sent by email to a Party at its provided email address shall be deemed, unless the contrary is proved, to have been received on the first business day after the date of transmission thereof.
    4. Notwithstanding anything to the contrary contained in this clause 14, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen Domicilium in terms of this clause 14.
  15. APPLICABLE LAWS
    1. These Terms will be governed by and construed in accordance with the laws of the Republic of South Africa and the User agrees to submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
    2. If the use of any information or material on the Elevate Applications is unlawful in any jurisdiction (because of the User’s nationality, residence or for some other reason) (“unlawful information”), then that unlawful information is not offered to the User. If the User is outside the Republic of South Africa, the User must satisfy himself/herself/itself that he/she/it is lawfully able to use any such information and materials. Elevate accepts no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.
  16. GENERAL
    1. If at any time there is a failure by Elevate to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from strict compliance with such obligations.  A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
    2. Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence, or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
    3. No addition to or modification of any provision of these Terms by the User will be binding on Elevate, unless made in writing and signed by Elevate’s duly authorised representative(s).
    4. Elevate shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms, without the prior consent of the User.
    5. Should Elevate be prevented from fulfilling any of its obligations to the User as a result of any event of force majeure, where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including, but not limited to lightning, fire, flood, extremely severe weather, pandemic, strike, lock-out, labour dispute, act of God, war (whether declared or not), riot, civil commotion, military operations, explosion, malicious damage, failure of any telecommunications, power grids or computer systems, compliance with any law or requirement of any government or other competent local authority, accident (or by any damage caused by any of such events), Elevate shall not be liable for any breach of its obligations, and such obligations shall be suspended until such force majeure has passed, or until Elevate has given the User 10 (ten) days’ written notice of the termination of such obligations.
    6. If any of the Terms is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of the Terms which will continue to be of full force and effect.
  17. DISCLOSURE OF INFORMATION
    1. Company: Elevate Proprietary Limited
    2. Registration number: 2017/452357/07
    3. Physical address: Central Park, Block J Central, 400 16th Road, Midrand, 1685
    4. Telephone number: +27 11 030 7184 or +27 11 030 8370
    5. Email address:  info@elevate.co.za
    6. Place of registration: Republic of South Africa
    7. Registration date: 23/10/2017
    8. Name of office bearer: Matan Abraham

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