Updated on: 8, MAY 2022
Welcome to the Tangerine Financial Limited (“Tangerine”) website (this “Website”). Please read the following terms and condition (“Agreement”) carefully before accessing the Website. These terms and conditions shall govern your access to and use of the website. Access to this Website is on the condition that you or the entity you represent agree to be bound by the terms of this Agreement. Use of or access to this Website shall constitute acceptance of the terms and conditions set out below and our Privacy Policy (available here). These terms and conditions, which may be modified from time to time and apply to all visitors or Users of this Website.
If you do not wish to be bound by this Agreement, do not access this Website. If you have any questions about this Agreement, please contact us through our support hello@tangerine.africa or at dpo@tangerine.africa.
THIS AGREEMENT is entered into between Tangerine and any individual, corporation, association, agency, company, or other entity who accesses or uses this Website (the "User" or "You").
The Tangerine Website, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow Tangerine and its Users communicate with each other. It contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organised and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the Website that can be modified by Users, such as uploading multimedia files, registering User profiles, and creating auto-notify.
1. User Rights and Responsibilities
1.1 Access to the Tangerine Website
You are responsible for providing all hardware, software, data, or other communications equipment and/or service to connect to the Internet and access the Tangerine Website. You are also responsible for all internet access charges, telephone charges or other fees or charges incurred in connecting to the internet and accessing the Website.
1.2 User Conduct
You agree to access and use the Tangerine Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations, pertaining to:
your use of this Website, including any interactive area;
the use of any networks or other services connected to this Website; and
the communication means by which you connect your modem, computer, or other equipment to this Website.
By accessing this Website, you agree that you will not:
Restrict or inhibit any other user from using the Website;
Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national, or international law;
Post or transmit any information, software, or other materials which violates or infringes on the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
Post or transmit any information, software or other material which contains a virus or other harmful contents;
Alter, damage or delete any content or other communications that are not your own content or to otherwise interfere with the ability of others to access the Tangerine Website;
Disrupt the normal flow of communication in an interactive area;
Claim a relationship with or to speak for any business, association, institution or other organisation for which you are not authorised to claim such a relationship; and
Violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 Tangerine Website Content
You acknowledge that the Content on this Website is generally provided by Tangerine. You acknowledge that the Website permits access to content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Tangerine Website owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement, and presentation of such content.
You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may;
make a reasonable number of digital or other forms of copies to permit your computer hardware and software to access and view the Content;
print one copy of each piece of Content; and
make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to Tangerine and its URL address. You acknowledge that this Website, its contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce, or distribute, on or through the Tangerine Website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorisation for distribution over the internet and on the Tangerine Website, without restriction whatsoever.
Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to Tangerine the royalty-free, perpetual, irrevocable, nonexclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit Tangerine to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content.
3. Interactive Areas
You acknowledge that this Website may include various interactive areas ("Interactive Areas"). These Interactive Areas allow feedback to Tangerine and real-time interaction between Users. Your use of an Interactive Area will be governed by this Agreement, as applicable.
You recognise that Tangerine cannot, and does not intend to, screen communications in advance. Moreover, because the Tangerine Website encourages open and candid communication in the Interactive Areas, Tangerine cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. Tangerine is not responsible for screening, policing, editing, reviewing, or monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that Tangerine has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation, or other governmental requests, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, Tangerine may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. Tangerine reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to:
violate the provisions of this Agreement or any other standard, written Tangerine Website policy in effect at that time;
be harmful to the rights of any User, Tangerine or other third parties;
violate applicable law; or
be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of Tangerine in operating the Tangerine Website, or any change in Content, is for you to discontinue accessing the Tangerine Website. Tangerine may terminate or temporarily suspend your access to all or any part of the Tangerine Website, without notice, for conduct that Tangerine believes is a violation of this Agreement or any policies or guidelines posted by Tangerine, or for other conduct which Tangerine believes, in its sole discretion, is harmful to Tangerine or other Users.
Tangerine may discontinue operating the Tangerine Website and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, a User would no longer be authorised to access the Tangerine Website, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Tangerine Website, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Disclaimers of Warranties; Limitations of Liability
5.1 Disclaimer of Warranties
Please use your best judgment in evaluating all information contained or opinions expressed on this Website. It is the policy of Tangerine not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. You expressly agree that your use of this Website is at your sole risk. Neither Tangerine nor its subsidiaries, affiliates, or their respective directors, employees, agents, contractors, licensors or other suppliers providing content, data, information or services warrants that the Tangerine Website or any internet site linked to or from the Website will be uninterrupted or error-free, that defects will be corrected, or that this site, including the interactive areas, or the server that makes it available are free of viruses or other harmful components.
None of them also make any warranty as to the results that may be obtained from the use of this website or any internet site linked to or from the Website or as to the timeliness, sequence, accuracy, authority, completeness, usefulness, non-infringement, reliability, availability, or substance of any content, information, service, or transaction provided through this Website or any site linked to or from this Website. The Website is provided on an "as is," "as available" basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
5.2 Limitation of Liability
Under no circumstances shall Tangerine or its subsidiaries, affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable for any direct or incidental, special or consequential damages under or arising from this Agreement, this Website, or any internet site linked to or from this Website, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, computer virus, communications line failure, breakdown of equipment, software error, infringement, unauthorized access to, or theft, destruction, alteration, or use of, records.
Under no circumstances shall Tangerine or its subsidiaries, affiliates, or their respective directors, employees, agents, contractors, or licensors, be liable to You or any other third party for any decision made or action taken by You in reliance on the content contained within this Website or the content contained within any Internet site linked to or from this Website. The content within the Tangerine Website and the content within internet sites linked to or from this Website may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein; these changes will be incorporated in new versions of this Website and specifically are included in this section of the agreement. Tangerine may make improvements and/or changes to the Content of the Website at any time at its discretion.
You specifically acknowledge and agree that Tangerine is not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any User. If You are dissatisfied with any Tangerine Website site content, or with the access agreement of the Tangerine Website, in whole or in part, your sole and exclusive remedy is to discontinue using the Tangerine Website.
6. Indemnity
You agree to indemnify and hold Tangerine, its subsidiaries, affiliates and their directors, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorney's fees, arising from breach of this Agreement, any other policy, your use or access of the Tangerine Website or any Internet site linked to or from the Tangerine Website, or in connection with the transmission of any Content on the Tangerine Website.
7. Electronic Transmissions
By accepting the receipt of Electronic Transmissions, you voluntarily agree to have all records, including your current and future finance-related documents, provided to you in electronic form. Finance-related documents include, but are not limited to:
Your insurance policy or pensions information or documents, notices and correspondence related to your insurance policy or pension. This could include ID cards, applications, amendments, endorsements, illustrations, questionnaires, disclosures, and reports;
Bills, billing notices, payment schedules or any other correspondence related to premium payments;
Claim notices, disclosures, status letters, forms, and correspondence concerning a claim that arises under your policy or involves you as an insured and/or claimant;
Legally mandated policies, notices, and disclosures to inform you of our business practices, including notices related to our collection, storage, use, and disclosure of your personal information; and
Any other documents related to your financial transactions with us.
We will use various methods to provide communications to you electronically, including via e-mail or through our website or app for customers or Users who have installed the mobile App or who use the web App. For this second option, you may need to log in to access the information.
This consent, unless withdrawn, applies to all transactions between You and Tangerine.
8. Fraud
As a User, you shall not use the products or services in connection with any illegal or fraudulent business activities under any laws or regulations of any applicable jurisdiction.
9. Miscellaneous
Tangerine may revise this Agreement or any other policy at any time and if any such revision is unacceptable to you, you must discontinue accessing the Tangerine Website. Your continued accessing and use of this Website following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6, 7 and 8 shall survive the termination or expiration of this Agreement.
If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of Tangerine to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of England and Wales and You and Tangerine each submit to the exclusive jurisdiction of the courts of England and Wales. This Agreement is personal to You, and you may not assign your rights or obligations thereunder to anyone else.