DEFINITION

“Associate”-

1. In relation to a natural person, means
   1. A person who is recognised in law or tenets of religion as the spouse, life partner or civil union of that person;
   2. A child of that person, including a stepchild, adopted child and a child born out of wedlock;
   3. A parent or stepparent of that person;
   4. A person in respect of which that person is recognised in law or appointed by a court as the person legally responsible for managing the affairs of or meeting the daily care needs of the first mentioned person;
   5. A person who is the spouse, life partner or civil union partner of a person referred to in subparagraphs (ii) to (iv)
   6. A person who is in a commercial partnership with that person;
2. In relation to a juristic person –
   1. Which is a company, means any subsidiary or holding company of that company, any other subsidiary of that holding and any other company of which that holding company is a subsidiary;
   2. Which is a close corporation registered under the Close Corporation Act, 1984 9Act No. 69 of 1984), means any member thereof as defined in section1 of that Act;
   3. Which is not a company or a close corporation as referred to in subparagraphs (i) or (ii), means another juristic person which would have been a subsidiary or a holding company of the first-mentioned juristic person
      1. had such first-mentioned juristic person been a company;
      2. or in the case where the other juristic person, too, is not a company, had both the first-mentioned juristic person and that other juristic person been a company;
3. In relation to any person-
   1. Means any juristic person of which the board of directors or, in the case where such juristic person is not a company, of which governing body is accustomed to act in accordance with the directions or instruction of the person first mention in this paragraph
   2. Includes any trust controlled or administered by that person.

“Company”

means a company under the Companies act, 1973 (Act no. 67 of 1973) as amended

“conflict of Interest” means any situation in which a provider or a representative has an actual or potential interest that may, in rendering a financial service to a client, –

1. Influence the objective performance of his or her or its obligations to that client; or
2. Prevent a provider or representative from rendering an unbiased and fair financial service to that client, or from acting in the interests of that client, Including, but not limited to –
   1. A financial interest;
   2. An ownership interest;
   3. Any relationship with a third party;

“Distribution Channel” means –

1. Any arrangement between a product supplier or any of its associates and one or more providers or any of its associates in terms of which arrangement any support or service is provided to the provider or providers in rendering a financial service to a client;
2. Any arrangement between two or more providers or any of their associates, which arrangement facilitates, supports or enhances a relationship between the provider pr providers and a product supplier;

“Fair value” means any cash, cash equivalent, voucher, gift, service, advantage, benefit, discount, domestic or foreign travel, hospitality, accommodation, sponsorship, other incentive or valuable consideration, other than –

1. Ownership interest;
2. Training, that is not exclusively available to a selected group of providers or representatives, on –
   1. Products and legal matters relating to those products;
   2. General financial and industry information;
   3. Specialised technological systems of a third party necessary for the rendering of a financial service; but excluding travel and accommodation associated with that training;

“immaterial financial interest” means any financial interest with a determinable value, the aggregate of which does not exceed R1000 in any calendar year from the same third party in that calendar year received by:

1. A representative for that representative’s direct benefit;
2. A provider, for its benefit or that of some or all of its representatives, aggregates the immaterial financial interest paid to its representatives

“third party” means –

1. A product supplier;
2. Another provider;
3. Any person who in terms of an agreement or arrangement with a person referred to in paragraphs (a) to (b) above provides a financial interest to a provider or its representatives

1. Objective

The Conflict of Interest Management Policy (“Policy”) comes into existence in terms of the provisions of the S3 of the General Code of Conduct of Financial Services Providers and Representatives Board Notice 80 of 2003 (“General Code of Conduct’) which has been amended by Board Notice 58 of 2010 (“BN58”). The Policy is aimed at managing conflict of interest that exists or has a potential to exist in a specific transaction that is entered into or may be entered into with a client. Managing conflict of interest could be in a way of mitigating it where it exists and disclosing it to a client.

2. Application

The Policy applies on transactions entered into or may be entered into between Financial Services Providers (“FSP”) or by representatives of a FSP on behalf of the FSP.

3. Avoidance or Mitigation of the Conflict of Interest

Africa Direct Life and Investments (Pty) Ltd (“Africa Direct”) or its Representatives must avoid and where it is not possible mitigate conflict of interest between the client and Africa Direct or a Representative and the Client.

4. Disclosure of Conflict of Interest (Duties of Africa Direct)

Africa Direct or its Representative must at the earliest reasonable opportunity disclose to a client in writing any conflict of interest in respect of that client.

A client will be advised of the of any existence or potential conflict of interest and such advice will include:

1. measures taken, in accordance to the Policy to avoid or mitigate the conflict;
2. any ownership interest or financial interest excluding immaterial financial interest, Africa Direct or its Representative may be or become eligible for should the transaction be entered into;
3. the nature of any relationship or arrangement with a third party that gives rise to a conflict of interest.

This will be disclosed in sufficient details to enable the client to understand the exact nature of the relationship with the third party or arrangement and the conflict of interest.

Clients are informed of the existence of the Policy in the disclosure notice and are advised on how to access it.

5. Allowed Financial Interest

Africa Direct or the representatives may only receive or offer the following financial interest from or to a third party

1. Commission authorised under the Short-Term Insurance Act, 1998 (Act No. 53 of 1998);
2. Fees authorised under the Short-Term Insurance Act, 1998 (Act No. 53 of 1998);
3. Fees for rendering a financial service in respect of which commission or fees referred to in paragraph (1) and (2) is not paid, if those fees –
   1. are specifically agreed to by a client in writing; and
   2. may be stopped at the discretion of that client
4. Fees or remuneration for that rendering of a service to a third party, which fees or remuneration are reasonably commensurable to the service being rendered
5. Subject to any other law, an immaterial financial interest
6. A financial interest, not referred to under subparagraph (i) to (v), for which consideration, fair value or remuneration that is reasonably commensurable to the value of the financial interest, is paid by that provider or representative at the time of receipt thereof.

6. Prohibited Financial interest

Africa Direct may not offer any financial interest to a representative for giving preference to the quantity of sales for the provider to the exclusion of the quality of the service rendered to client.

7. Management of the Conflict of Interest

Where there is actual or potential conflict of interest between Africa Direct and a client or a Representative and a client, necessary disclosures of this fact will be made to the client, which will include measures that will be taken to manage the conflict. Such disclosure will be made prior to the conclusion of the transaction in order to enable the client to make an informed decision with regard to entering or not entering into a transaction.

8. Identification of Conflict of Interest

In general, representatives when contacting a client are expected to test whether the purported transaction will not amount to a conflict of interest by testing whether the service to be rendered to the client will be in the best interest of the client or if it meets the needs of the client and how much incentive will they receive should the service be rendered etc.

9. Measures for the Avoidance or mitigation of the Conflict of Interest

Representatives are required to report to the Key Individual where conflict of interest exist on a specific transaction, the KI together with the Compliance Officer will look at surrounding circumstances to come up with measures that will assist with avoiding conflict of interest. These will be disclosed to the client when advising the client about the existence of the Conflict of Interest. Where Conflict of Interest cannot be avoided, measures to mitigate such conflict will differ from one case to another and this will be disclosed to the client.

10. Measures for disclosure of Conflict of Interest

Where conflict of interest exists or might exist, representatives are required to disclosed to the client its nature and the manner in which it will be managed. Representatives are required to advise the Key Individual about existence of conflict of interest or of the potential existence of such conflict.

Key individuals and Management are responsible to ensure that conflict of interest is disclosed to client where it exists or where there is a potential of such conflict.

Once reported, the transaction will be entered into the Conflict of Interest Management Register which will be kept by the key individual.

11. Immaterial Financial Interest

When Africa Direct or Representative receives Immaterial Financial Interest (‘IFI”), they must inform the compliance officer in writing about the IFI. In the report, they must include the name of the FSP and the FSP number of the FSP who has offered the IFI, date of receipt and the value of the IFI. The Key Individual or KI delegate will then enter the information in the Conflict of Interest Register, which register will be monitored to ensure compliance.

12. Consequences for Non-Compliance with the Policy

Failure to report:

1. existence of the conflict of interest;
2. potential of conflict of interest;
3. immaterial financial interest offered by a FSP or received from a FSP

to management, Key Individual or the Compliance Officer will result in a disciplinary action and where necessary to dismissal.

13. Africa Associates

Information on associates on the financial product

14. Gift Policy:

The provision or acceptance of gifts and corporate hospitality by an employee is acceptable provided that any such gifts or hospitality received from an insurer or a service provider to Africa Direct does not exceed the maximum of R1 000 per year from any one insurer, as stipulated in Board Notice 58 of 2010;

Gifts received from customers and suppliers should also not exceed a cumulated value of R1 000 per year and must be reported to Africa Direct management; and

All gifts made and gifts received in excess of R200.00 must be recorded in a Gift Register maintained by Africa Direct.

Disclosure of conflicts of interest

The FSP or representative employee will, in writing, at the earliest reasonable opportunity disclose to a customer any potential conflict of interest in respect of that client. The disclosure must include:

1. OVERVIEW

Your privacy is critically important to us. We respect and protect your privacy. Our privacy notice applies to all persons whose personal information we collect, regardless of form, medium, and applies to all websites and webpages associated to the company, (hereinafter, “us”, “we”, or the “company”). This includes our employees, consultants, agents, service providers, and independent contractors. The Privacy Notice applies to all our services and related websites. We are committed to protecting your privacy and ensuring that your personal information is collected and used properly, lawfully, and transparently. Data collected and processed refers to data collected on our website and any of our social media platforms and does not apply to our collection of information from other sources.

2. PERSONAL INFORMATION

2.1. “Personal Information” means personal information relating to any identifiable, living, natural person, and an identifiable, existing juristic person, including, but not limited to:
2.2. in the case of an individual:
2.2.1. name, address, email addresses, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information.
2.2.2. vehicle registration.
2.2.3. dietary preferences.
2.2.4. financial history.
2.2.5. information about next of kin and or dependents.
2.2.6. information relating to education or employment history; and
2.2.7. Special Personal Information including race, gender, pregnancy, national, ethnic, or social origin, colour, physical or mental health, disability, criminal history, including offences committed or alleged to have been committed, membership of a trade union and biometric information, such as images, fingerprints and voiceprints, blood typing, fingerprinting, DNA analysis, retinal scanning, and voice recognition

3. PURPOSE OF THIS POLICY

3.1. By continuing with the process, be it with the company directly, a third party referring you to the company, you consent to the company to lawfully process your personal information in accordance with the Protection of Personal Information Act,2013. Further information on what is personal information is discussed below. This consent may be requested on more than one occasion but is applicable to the processing of Credit information, Property Valuations, POPIA and if agreed, consent to receive marketing communication.
3.2. Our processes and policies, inclusive of this policy, are compliant and regulated by the Protection of Personal Information Act, 2013 (POPIA).
3.3. The purpose of this Policy is to inform Data Subjects about the information that may be collected, how their Personal Information is processed, and under what circumstances we may disclose the information to third parties.
3.4. You must read this notice together with the terms and conditions posted on our website as it sets the general rules and policies governing your use of our website and any of our social media platforms.
3.5. Depending on your activities when visiting our website and any of our social media platforms, you may be required to agree to additional terms and conditions.
3.6. We shall strive to observe and comply with our obligations under POPIA as well as accepted information protection principles, practices, and guidelines when it Processes Personal Information from or in respect of a Data Subject.

4. THE INFORMATION WE COLLECT

4.1. The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose.

4.2. When personal information is collected, we will indicate the purpose for the collection and whether the information required is compulsory or voluntary.

4.3. We collect non-personally- identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request.

4.4. The purpose of collecting non-personally identifying information is to obtain a better understanding of our users’ interaction with our website.

4.5. From time to time, we may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

4.6. We collect potentially personally identifying information like Internet Protocol (IP) addresses for logged-in users and for users leaving comments on the company’s blog posts.

4.7. We disclose logged-in user and commenter IP addresses under the same circumstances that it uses and discloses personally identifying information as described above.

4.8. Certain visitors to our websites choose to interact with us in ways that require us to gather personal information. The amount and type of information gathered depends on the nature of the interaction. For example, we ask visitors who sign up for a blog on this site to provide a username and email address.

4.9. The security of your Personal Information is important to us but remember that no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security, however, we confirm that we have complied and enforced legislative safeguards, where reasonably possible.

4.10. We may collect statistics about the behavior of visitors to our website. We may display this information publicly or provide it to others. However, we will not disclose your personally identifying information.

5. Social Media and Advertising

5.1. When choosing to submit your personal information with our official social media accounts you are giving us consent to contact you about our services and product offerings.
5.2. This is inclusive to all our social media and advertising mediums, including but not limited to Whatsapp.
5.3. Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by the company and does not cover the use of cookies by any advertisers.

6. LINKS TO EXTERNAL SITES

6.1. Our Service may contain links to external sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.
6.2. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites, products, or services.

7. AFFILIATE DISCLOSURES

7.1. This site uses affiliate links and does earn a commission from certain links. This does not affect your purchases or the price you may pay.

8. COOKIES

8.1. Our website uses cookies to enrich your online experience, cookies are small text files sent by a web server to store on a web browser. They are used to ensure websites function properly, store user preferences when needed and collect anonymous statistics on website usage.
8.2. We use cookies to identify and track visitors, their usage of our websites, and their website access preferences.
8.3. Visitors to this website and other company websites may refuse cookies by activating the setting on your browser which allows you to refuse the setting of cookies.
8.4. If you accept a “cookie” or fail to deny the use of “cookies”, you agree that we may use your personal information collected using “cookies” (subject to the provisions of this Policy). Where you either reject or decline cookies, you are informed that you may not be able to fully experience certain features and risk the functionality issues with the features of our website.
8.5. By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to our use of cookies.

9. PRIVACY POLICY CHANGES

9.1. Although most changes are likely to be minor, we may change our Privacy Policy from time to time, subject to our sole discretion. We encourage visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

10. License and hyperlinking content

10.1. Unless otherwise stated, we own the intellectual property rights for all material on the company’s website. All intellectual property rights are reserved.
10.2. You may view and/or print pages from the website for your own personal use subject to restrictions set in these terms and conditions.
10.3. You must not:
10.3.1. Republish material from any of the companies’ websites.
10.3.2. Sell, rent or sub-license material from the companies’ websites.
10.3.3. Reproduce, duplicate, or copy material from this website or any other websites linked to us.
10.4. Redistribute content from us (unless content is specifically made for redistribution)
10.5. The following organizations may link to our Web site without prior written approval:
10.5.1. Government agencies.
10.5.2. Search engines.
10.5.3. News organizations.
10.5.4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
10.5.5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
10.5.6. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
10.6. We may consider and approve in our sole discretion other link requests from the following types of organizations:
10.6.1. commonly known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP, and Consumers Union.
10.6.2. dot.com community sites.
10.6.3. associations or other groups representing charities,
10.6.4. including charity giving sites,
10.6.5. online directory distributors.
10.6.6. internet portals.
10.6.7. accounting, law, and consulting firms whose primary clients are businesses; and
10.6.8. educational institutions and trade associations.
10.7. We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
10.8. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
10.9. If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]
10.10. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
10.11. Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site

10.12. Approved organizations may hyperlink to our Web site as follows:
10.12.1. By use of our corporate name; or
10.12.2. By use of the uniform resource locator (Web address) being linked to; or
10.12.3. By use of any other description of our Web site or material being linked to that makes sense within the
context and format of content on the linking party’s site.
10.13. No use of our logo or other artwork will be allowed for linking absent a trademark license agreement.

11. MISCELLANEOUS

11.1. You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
11.2. We are not responsible for any liability caused by incorrect or outdated information provided.
11.3. It is your sole responsibility to provide us, in writing of a change in your information.

11.4. The company nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site.

11.5. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the webmaster.

11.6. Information, ideas, and opinions expressed on this site should not be regarded as professional advice, but users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

11.7. We take reasonable and necessary precautions to secure your transactions on our website – however, we cannot guarantee the confidentiality of your transactions.

11.8. Using this website is entirely at your own risk. we will not be held legally responsible for any personal information that you reveal to a third party, it is important that you refer to that third party’s privacy notice before you reveal any of your personal information.

11.9. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

11.9.1. limit or exclude our or your liability for death or personal injury resulting from negligence.

11.9.2. limit or exclude our or your liability for fraud or fraudulent misrepresentation.

11.9.3. limit any of our or your liabilities in any way that is not permitted under applicable law; or

11.9.4. exclude any of our or your liabilities that may not be excluded under applicable law.

11.10. The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

11.11. We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or interpretation of material, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

11.12. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.13. To the extent that we act as a Direct Marketer, we shall strive to observe, and comply with its obligations under POPIA when implementing principles and practices in relation to Direct Marketing.

11.14. We acknowledge that it may only use Personal Information to contact the Data Subject for purposes of Direct Marketing from time to time where it is permissible to do so.

11.15. We may use Personal Information to contact any Data Subject and/or market our services directly to the Data Subject(s) if the Data Subject is one of our existing clients, the Data Subject has requested to receive marketing material from us, or you consent to us marketing our services directly.

11.16. We may keep records of the Personal Information, correspondence, or comments it has collected in an electronic or hardcopy file format.

11.17. In terms of POPIA, we may not retain Personal Information for a period longer than is necessary to achieve the purpose for which it was collected or processed and is required to delete, destroy (in such a way that it cannot be reconstructed) or de-identify the information as soon as is reasonably practicable once the purpose has been achieved. This prohibition will not apply in the following circumstances –

11.17.1. where the retention of the record is required or authorized by law or by any Government authority.
11.17.2. we require the record to fulfil its lawful functions or activities.
11.17.3. retention of the record is required by a contract between the parties thereto.
11.17.4. the Data Subject (or competent person, where the Data Subject is a Child) has consented to such longer retention; or
11.17.5. the record is retained for historical, research, archival or statistical purposes provided safeguards are put in place to prevent use for any other purpose. Accordingly, we will, subject to the exceptions noted in this Policy, retain Personal Information for as long as necessary to fulfil the purposes for which that Personal Information was collected and/or as permitted or required by applicable law.

11.18. Where we retain Personal Information for longer periods for statistical, historical, archival or research purposes, we will ensure that appropriate safeguards have been put in place to ensure that all recorded Personal Information will continue to be Processed in accordance with this Policy and applicable laws.

11.19. Once the purpose for which the Personal Information was initially collected and processed no longer applies or becomes obsolete, we will ensure that the Personal Information is deleted, destroyed or de-identified sufficiently so that a person cannot re-identify such Personal Information. In instances where we de-identify your Personal Information, we may use such de-identified information indefinitely.
11.20. Should we need to collect Personal Information by law or under its obligations as an employer or product or service provider, and you fail to provide the Personal Information when requested, we may be unable to perform our duties in terms of the applicable law or in terms of providing the product to you.

11.21. Should we need to collect Personal Information for any of the purposes set out above and you fail to provide the Personal Information when requested, your failure to provide such Personal Information may have negative consequences, including that we may not be able to effectively perform its obligations per the product or service provider and must decline to receive the relevant services from you. You will be notified where this is the case.

11.22. We will address any Data breaches in accordance with the terms of POPIA and will notify you a soon as reasonable possible after we have become aware of any data breach in respects of your personal information.

11.23. This policy is subject to the conditions set out in the Protection of Personal Information Act 4 of 2013, and we encourage you to peruse over the extensive rights and responsibilities therein as they are applicable, despite express reference thereto in this policy.

11.24. Should you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

11.25. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

11.26. We reserve the right at any time and in its sole discretion to request that you remove all links or any link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

11.27. Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site

11.28. the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

11.28.1. limit or exclude our or your liability for death or personal injury resulting from negligence.
11.28.2. limit or exclude our or your liability for fraud or fraudulent misrepresentation.
11.28.3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
11.28.4. exclude any of our or your liabilities that may not be excluded under applicable law.
11.29. The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.30. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.