Marriott Secure Services Terms and Conditions

General

  1. Any reference herein to "Marriott" shall be deemed to include Marriott Unit Trust Management Company Limited and Marriott Asset Management (Proprietary) Limited.
  2. I guarantee that the information provided in my application for an account on Marriott Secure Services (MSS) is accurate, truthful and correct. I further guarantee that the information provided/that I may in future provide in my application for any of the restricted internet services is/will be accurate, truthful and correct.
  3. I acknowledge that the User Name/Financial Advisor code issued to me for purposes of providing me with access to Marriott’s restricted internet services is Marriott’s property and may be revoked or suspended by Marriott at any time.
  4. I further acknowledge that my aforesaid User Name/Financial Advisor code (and consequently also my access to Marriott’s restricted internet services) shall be revoked should I breach any of these terms or conditions or any of the terms and conditions pertaining to a particular restricted internet service.
  5. I agree that Marriott:
    1. may at any time and without notice to me, amend the information contained on its website or change or terminate any of the services and tools provided on the website;
    2. shall be entitled to amend these terms and conditions at its discretion. The amended/new terms and conditions shall be reflected on Marriott’s website. I will be notified of any material amendments to the Terms and Conditions. Should I use or transact on Marriott’s website after amendments have been made to these pages, I shall be regarded as having read and agreed to the amended terms. Should I not agree to the amended terms and conditions I shall be entitled to terminate my MSS Account by giving written notice of termination to Marriott.
  6. I acknowledge that Marriott does not and has not given or made any guarantees or representations of any kind regarding the accuracy, applicability or content of the information, services and/or tools provided on the website. Although reasonable care is exercised by Marriott in the compilation of such information, services and tools, Marriott does not accept liability for any loss, damage or expense that may be incurred as a direct or indirect consequence of reliance placed thereon and we suggest that, before taking any decisions based thereon, you first consult your professional adviser/s.
  7. I agree that by my access of and use of MSS, I am deemed to have read and agreed to these terms and conditions.
     

    User Responsibilities

  8. I shall keep my User Name and/or Financial Advisor Code and password confidential and shall not allow others access thereto or the use thereof.
  9. Should I become aware of any breach or attempted breach of Marriott’s data security I shall inform Marriott’s management or the Marriott IT Manager without delay and in writing.
  10. I agree to have a secure email address at all times and that all communications from Marriott with regard to services provided or updates to the MSS site will be communicated to me via this email address. I agree to notify Marriott of any changes to my personal email address.
  11. I shall immediately notify Marriott of any legal disability or change in my legal status including being placed under an administration order or under curatorship or being sequestrated.
     

    Warranties

  12. I agree that Marriott gives no warranties whatsoever about the information and materials contained on MSS and Marriott’s internet services. In particular, Marriott does not warrant that the information on MSS and Marriott’s internet services is suitable for a particular purpose that it is complete and accurate or that MSS or hardware on which MSS is stored is virus-free.
     

    Restricted Use

  13. All information and materials contained on or accessed via MSS or Marriott’s internet services are for your personal, non-commercial use only. You may not:
    1. reproduce, modify, publish, distribute or create copies of any content on MSS or Marriott’s internet services;
    2. decompile or reverse-engineer MSS or Marriott’s internet services;
    3. gain unauthorised access to information from MSS through hacking or other means;
    4. create a link on another website to MSS or any of Marriott’s internet services;
    5. add any information to MSS or Marriott’s internet services which violates the intellectual property rights of any other person.
     

    Liability

  14. I agree to bear full risk of responsibility for all activities that take place on my MSS Account, should I:
    1. notwithstanding the undertaking in 8 above, share my access rights with any other person by disclosing or allowing others to gain knowledge of my User Name and/or Financial Advisor Code and password; or
    2. leave my browser unattended while in an active browser session; or
    3. fail to log off after each session and clear my browser history; or
    4. in any other manner conduct or access my MSS Account carelessly or negligently.
  15. I acknowledge and accept that any use of my MSS Account and Marriott’s internet services is at my own risk. Without limiting the generality of the aforesaid, I acknowledge that Marriott will not, under any circumstances, be liable to me for any loss or damages (including consequential, direct, indirect, special, punitive or incidental damages) arising from:
    1. my use of MSS or Marriott’s internet services, or
    2. any defect or fault in my hardware and/or software; or
    3. any failure or fault in connectivity to the internet; or
    4. the unavailability of the Marriott website or communication centre for any reason whatsoever; or
    5. any failure on the part of Marriott to carry out instructions given online under circumstances where such failure is the result of a cause beyond Marriott’s control; or
    6. the circumstances listed in 14 above.
  16. I hereby indemnify and hold Marriott harmless against any claim arising out of any cause listed in 15 above. I waive any claim I may have or acquire against Marriott arising out of any cause listed in 15 above.
  17. Should Marriott institute legal proceedings against me as a result of my breach of these terms and conditions or the terms and conditions pertaining to a business service/restricted internet service or in regard to my use of the Marriott website, Marriott shall be entitled to recover from me all costs incurred in this regard, including attorney-and-own-client costs.
     

    Use of Personal Details

  18. I agree that my personal details may be disclosed to organisations within Marriott and that the answers to my security questions as well as my User Name, email address and or ID number will be used to authenticate me for any electronic viewing or transacting on MSS and/or Marriott’s internet services.
  19. I hereby authorise Marriott to verify any of the information supplied in my application and to this end authorise third parties in possession of relevant information to disclose such information to Marriott for verification purposes.
     

    Jurisdiction and Applicable Law

  20. Any transaction concluded via MSS and/or Marriott’s internet services or any claim that may arise in consequence of the use of MSS and/or Marriott’s internet services shall be governed by the law of the Republic of South Africa .
  21. I hereby consent to the jurisdiction of the Durban and Coastal Provincial Division of the High Court of South Africa for all purposes arising from or associated with the use of MSS and/or Marriott’s internet services.
  22. No amendments varying, adding to, deleting from or cancelling these terms and conditions, and no waiver of any right under these terms and conditions shall be effective unless agreed to by the parties.
  23. No user may cede, delegate, assign or sub-contract any of its rights or obligations in terms of these terms and conditions. Marriott may cede, delegate, assign or sub-contract any of its rights or obligations as per these terms and conditions without the user’s permission.