Registration Terms and Conditions

 

Introduction

Momentum Life Assurance Namibia Limited (Reg No. 91/369) (“Momentum”) provides a website service ("the Site") which allows its registered clients (hereafter referred to as "users") to obtain access to a wide range of products and services offered online. This agreement ("this Agreement"), together with the Employer Portal Terms and Conditions, governs the rights and obligations of the user and Momentum in respect of the services provided on the Site. In order to transact on the Site, the user is required to register. These terms and conditions shall be deemed to have been accepted by the user upon commencement of a session on the Site unless the user immediately ends the session without submitting any instruction and / or informs Momentum, within 24 hours, of the non-acceptance of this Agreement. Momentum shall, at its discretion, reserve the right to reject any application for Online Services.

 

Supply of Goods and / or Services

The following information is made available to the user in respect of the supply of goods and / or services offered for sale, hire or exchange by way of an electronic transaction:
  • Momentum's contact details are set out in clause 12 below, and Momentum will accept and receive service of notices and documents at the address so set out;
  • Momentum Life Assurance Namibia Limited is registered and incorporated in Namibia under registration number 91/369 and the names of its office-bearers can be located at 3rd Floor, Swabou Building, 7 Post Street Mall, Windhoek;
  • Momentum is an approved Benefit Administrator and Investment Manager and is regulated by NAMFISA;
  • Momentum is a member of The Life Assurer’s Association of Namibia and subscribes to its code of conduct;
  • Services: The services provided to the user via this Site are :
    User Options
    Change Pin
    Change security questions and answers
    Log Out
    Inbox
    Member details
    View or change
    Banking details
    Beneficiary nomination
    Member statements
    Contribution allocation
    Investment (detail)
    Investment (summary)
    Benefit statement
    Member certificates
    Member investment performance
    Member Choices
    Retirement savings
    Future contributions
    Contribution rate
    FlexiCovers
    Family Protector
    Claims notification
    Withdrawal
    Financial tools
    Investment risk profiler
    Client selection
    Select employer
    Investment
    Fund fact sheets
    Momentum
    Contact us
    FAQ
    Quick reference
    Broker reports
    Broker assets per day reports
    Broker commissions and contributions report
    Broker scheme holdings report
    Broker commission statement
    New business forms
    Retirement installation
    Group insurance installation
    Installation documents
    Your quote in detail
    Momentum forms
    Declaration of health
    Pathologist request form
    Confidential medical report
    ECG form
    Selected Group
    Selected Pay Point
    Help
    Help Guide
    Options
    Jobs
    Inbox
    Add Employee
    Update Employee Details
    Voluntary Contributions
    Break In Service
    Confirm Contributions
    Change PIN
    Logout
    Claims
    Withdrawal and withdrawal confirmations
    Retrenchments
    Death
    Other
    Member Level Statements
    Access Member Statements
    Employer Statements
    Benefit Summary
    Member Certificate
    Broker Pack
    Benefit Statement
    Cash Flow
    Claims
    Contribution
    Investment Holdings
    Investment Performance
    Investment Statements
    Membership Reconciliation
    Pending Underwriting
    Retirements Due
    Scheme Structure
    Recon confirm contributions
  • Complaints and Disputes: Momentum invites the user to lodge complaints via the "Contact Us" icon on the Site, or to contact Momentum by way of the contact details set out in clause 12 below. Momentum does not currently subscribe to any alternative dispute resolution code or mechanism.

 

Use of material

The user undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to title, copyright, trademarks and patents) of any and all content and available services accessed on or by means of the Site, including those expressly specified or implied by Momentum. Unless otherwise noted, the contents of the Site are copyrighted and may not be used by any person or entity whatsoever for any purpose other than the use or purpose indicated on the Site by Momentum except where the prior approval or consent of Momentum has been obtained in writing. The user's right to access the Site and the content and information contained on, or accessible from the Site, does not in any way convey or transfer any rights in or to the intellectual property rights of the Site, any content provided on the Site, or any of the trademarks, copyright, registered designs, patents, domain names and rights, know-how and confidential information, trade secrets and/or any other intellectual property right which may vest in Momentum or in its author, compiler, creator or licensor of such content. The user warrants that it will not copy any software, including any source code, relating to the Site, nor will it reproduce, publish, post, transmit or distribute the whole or any part of any content or available service on the Site, nor will it use such software and/or content in any work or publication, whether in print, electronic medium or otherwise, and whether for gain or not.

 

Indemnities, Warranties and Limitation of Liability

  • The user acknowledges and agrees that the services provided on the Site are provided "as is" and Momentum makes no express or implied representations or warranties with regard thereto.
  • Under no circumstances whatsoever will Momentum be liable or responsible to any person or entity whatsoever for any economic loss, or any indirect, special or consequential loss or wasted expenditure, whether in contract, delict (including negligence) or otherwise.
  • Under no circumstances whatsoever will Momentum be liable or responsible to any person or entity whatsoever for any damage, loss, costs or expenses of whatever nature, whether direct or indirect, or whether incurred in contract, in delict (including for negligence) or otherwise, which may be incurred or suffered by any person or entity whatsoever arising out of the use of, abuse of or inability to use the Site, out of any activities of whatever nature conducted on the Site, out of reliance upon any information, links, data, opinion supplied, out of any other service provided through the Site or out of any other cause whatsoever.
  • Momentum does not warrant that the website services will be error free or free of viruses.
  • The user hereby indemnifies and holds Momentum harmless against any and all loss, damage, costs or expenses of any nature whatsoever, whether direct or indirect, and howsoever incurred or suffered by any person or entity whatsoever, as a result of the unauthorised use of any access details, user id, PIN number and/or Webname or as a result of any other access to or use of the Site or the information contained thereon whatsoever.
  • The user acknowledges and understands the risk associated with transmitting information via the world wide web and acknowledges and understands that this information is susceptible to interception, hacking and/or monitoring. The user acknowledges and understands that the user will bear the risk of transmitting any such information via the world wide web. Under no circumstances whatsoever shall Momentum be liable for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by any person or entity, as a result of such transmission. Momentum undertakes, however, to introduce such technology and procedures as may be deemed reasonable and necessary in Momentum's sole and unfettered discretion in order to ensure that information submitted to or transmitted on the Site is not reasonably compromised.
  • The user warrants that it has the requisite legal capacity to make use of the website services, that it complies with all applicable statutory provisions and that the user has read, understood and accepted the terms and conditions of this Agreement.
  • This Agreement, together with the Employer Portal Terms and Conditions, evidences the sole terms and conditions governing the website services. The user acknowledges and agrees that any warranties, statements or representations of whatever nature and in whatever form, including promotional materials granted by Momentum, its employees, agents and advisers which are not evidenced in this agreement shall not be valid and enforceable and the user shall not be entitled to hold Momentum liable under any such warranty or representation, whether such warranty or representation was made prior to, during or after the conclusion of this Agreement.
  • Each of the exclusions and indemnities provided herein operate separately and, should any one or more of them be found by a court to be invalid, unreasonable or inapplicable for any reason whatsoever, the other exclusions and indemnities provided herein shall each be severable and shall apply in their entirety and without limitation.

 

Content of the Site and Available Services

All material published on the Site is intended only to provide general information regarding Momentum and its products, and does not constitute professional advice of whatever nature. All material including, without limitation, research, opinion, figures, prices, projections or other content is provided "as is" and users shall not place any reliance on any such material in taking actions which may affect such users personal finances without consulting Momentum directly. The Site may, from time to time, contain certain statements or information with regard to financial matters and future economic performance and Momentum cautions users that such projections are merely predictions. The user acknowledges and agrees that actual events or results may differ materially from the predictions provided on the Site and acknowledges, agrees and accepts that Momentum shall under no circumstances whatsoever be liable for any loss, damage, costs or expenses which may arise out of or from any reliance on such predictions by any user or any other person or entity whatsoever.

 

Third Party Links

Momentum continually strives toward the provision of increased value to its users through its services. In this endeavour, Momentum may provide links to third party websites and resources. The user acknowledges that Momentum in no way endorses such third party websites or resources and that Momentum is not and shall not be responsible or liable, whether directly or indirectly, for any content published or contained on such sites or resources, or for any loss or damage of whatever nature and howsoever arising caused by such sites or resources, nor is Momentum liable or responsible for any loss or damage caused by any reliance on the content of such sites or resources.

 

Security Codes

The user will be issued with a user ID and the user will be requested to select a PIN and Webname, which user ID, PIN and Webname (collectively 'the Details') the user will need to ensure are neither accessible not disclosed to anyone at any time. The Details will need to be entered each time the user wishes to transact on the Site. The user is and at all times shall be solely responsible for maintaining the confidentiality and security of the Details and the user accepts full responsibility and liability for (and indemnifies and holds Momentum harmless against any damage, loss, costs or expenses incurred or suffered by any person or entity of any nature whatsoever as a result of) any and all activities that occur on or in relation to the site through any use of or access to the Details. Storing the Details on a computer or on any network will be regarded as prima facie negligent on the part of the user for purposes of evidencing unauthorized transactions. The user shall report any actual or potentially unlawful access to or use of the Details to Momentum, without delay. However, Momentum shall not be liable or responsible in any way whatsoever for any such actual or potentially unlawful or unauthorised access or use of the Site or the Details, or for any loss, damage, costs or expenses arising out of such actual or potentially unlawful or unauthorised access or use of the Site or the Details, suffered or incurred by any person or entity whatsoever. The user shall be obliged to log out of the site services before exiting a session. The user hereby agrees and warrants that the Details remain and shall at all times remain the property of Momentum and that the Details may be revoked or suspended at Momentum's sole and unfettered discretion. In addition, the user agrees and acknowledges that the Details may be revoked, at Momentum's sole and unfettered discretion, in the event of a breach by the user of any of these terms and conditions.

 

Security

In order to ensure the security and reliable operation of the Site to all users, Momentum hereby reserves the right to take whatever action it deems necessary, in its sole and unfettered discretion, in order to preserve the security and reliability of the Site and of its contents. The user agrees and acknowledges that it is prohibited from utilising the Site's services to compromise the security or tamper with the information, data, resources, accounts, records or any other material or information pertaining to any other person, and the user indemnifies and holds Momentum harmless against any loss, damage, costs or expenses incurred or suffered by any person or entity as a result of such compromised security or tampering.

 

Alteration to these Terms

Momentum reserves the right to change or alter these terms and conditions at its discretion at any time, by posting a notification that the terms and conditions have been so changed or altered on the Site. The user will be responsible for reviewing any such changes or alterations to the applicable terms and conditions each and every time the user accesses the Site and use of the Site by any user after any changes or alterations to the terms and conditions have been posted online, constitutes the user's deemed acceptance of this Agreement's terms and conditions as so changed or altered.

 

Breach

Should the user fail to observe and adhere to any of the terms, conditions or obligations stated in this Agreement, which failure shall be determined at Momentum's sole and unfettered discretion and which determination shall be final, then Momentum shall be entitled, but not obliged, without notice and in its sole and unfettered discretion, and without prejudice to any of the rights that Momentum may have in law, including but not limited to Momentum's right to claim damages, to:
  • immediately terminate this Agreement and recover all costs or expenses related (whether directly or indirectly) to such termination, including legal costs, from the user; and/or
  • terminate the user's access to the Site and recover all costs or expenses related (whether directly or indirectly) to such termination, including legal costs, from the user.

 

Services

Momentum shall use its reasonable endeavours to ensure that the Site is available at the specified times. The user agrees, however, that Momentum will not be liable to the user or to any other person or entity whatsoever in respect of any loss, damage, costs or expenses of any nature that may arise from the unavailability of the Site at any time whatsoever, and any such person or entity shall have no claim against Momentum and hereby indemnifies and holds Momentum harmless from any liability:
  • caused by or arising from any fact, circumstance or event that is beyond the reasonable control of Momentum (determinable in Momentum's sole and unfettered discretion);
  • for any consequential, incidental or special loss or damages;
  • which is as a result of any down-time, outage, interruption in or unavailability of the internet and/or of the Site, attributable to any cause or reason whatsoever, including but not limited to repairs and maintenance or any breakdown of whatever nature in any of the services provided by any communications service provider as well as by any external communication network/s and/or by the networks of any of the Site's service providers, and/or any other third party;
  • of whatever nature and howsoever arising from, or in connection with any service or any content, or
  • arising from any breach of any security system which is or may be implemented by Momentum.

 

Contact details

Momentum
3rd Floor Swabou Building, 7 Post Street Mall, Windhoek, 9000
PO Box 79, Windhoek, 9000
Website www.Momentum.com.na
Email fundsatworknamibia@momentum.co.na
Tel 0800 006 146
Fax +264 61 299 7537

 

Acceptance

I have read and understood the above Terms and Conditions. I fully and unconditionally understand and acknowledge that by my clicking on the 'ACCEPT' button on the Momentum login page, I indicate my acceptance and agreement (which indication shall be equivalent to my appending my signature to a paper-based agreement), to be bound unconditionally by the above Terms and Conditions.