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- TERMS & CONDITIONS -
1. These terms and conditions are to be read with the information as displayed on our web-site and on the official marketing material at the time when this application is made, the combination of which constitutes the whole agreement between the parties.
2. Whenigo Administrators (Pty) Limited (hereinafter WIG) and McDonald Consulting Services will provide the services as elected by the member on the web-site subject to the provisions thereof and at the contributions reflected.
3. WIG retains the right to amend its contribution structure and/or add, revise, amend, change, suspend and/or close down any of its programmes and/or services in its sole discretion but will honor existing members and their benefits and services unless uncontrollable circumstances arise that result in this being changed. WIG will give the member 30 (thirty) days notice on the web-site of any such amendment and/or alteration in the contribution structure and/or any of the other issues raised in this paragraph.
4. The member will ensure that all payments and/or subscription fees are effected timeously and without any deductions whatsoever, all personal information given to WIG is correct and is kept up to date and will ensure that WIG is in possession of all documents that will be required after death through the benefits.
5. WIG does not accept any responsibility for the accuracy of the information submitted by the member. WIG will under no circumstances be obliged to verify the validity of the information supplied by the member. It is the member's duty to keep WIG informed on the web-site of any change of address, contact details and to keep the information pertaining to the nominated contact person and next of kin up to date, as well as any other required information required through a weekly coaching programme.
6. In the event that the member's information, documents, audiotapes and/or video(s)are lost, destroyed, and/or damaged in any way, whether due to any act and/or omission and/or alleged negligence of WIG, it is agreed that WIG cannot be held liable for any damages suffered by the member and/or any other person as a result thereof. Notwithstanding the aforesaid, WIG will at all times apply its best endeavours to ensure that the aforesaid situation does not arise.
7. In the event that the member fails to make any payment due or fails to comply with his/her obligations in terms of clauses 4 and / or 5 of this agreement, WIG will be entitled to suspend all services rendered to the member immediately and without notice until such time as the member has fully complied with all his/her obligations. Any failure by the member to rectify any breach of the agreement will entitle WIG to cancel the agreement summarily and without notice. Non-payment or broken membership within a 2 (two) year term will result in suspension of services and upon the death of this member, a dossier of available information will be made available to their nominated person for a fee which will be determined at the time. Re-entry into the system will not require an activation fee but will determine the new anniversary date. Ownership of all documents, materials, video and/or audiotapes remains the sole and exclusive property of WIG until such time as the member has paid for them in full.
8. WIG does not assume any responsibility in respect of the accuracy and/or contents of any document, audiotape and/or video manufactured on the member's behalf. WIG is merely a facilitator in this regard between the member and those people whom the member elects to reach by utilising the services provided by WIG.
9. WIG will ensure that the benefits are available to the member at all reasonable times. In the event of the call centre and/or database not functioning or failing for any reason whatsoever, WIG will apply its best endeavours to rectify the issue as soon as possible. WIG however cannot be held responsible in any manner whatsoever should a member suffer damages as a result of such unavailability of benefits.
10. Upon payment of the initial activation fee which is the first fee after the 3 months free services, WIG will provide the following services: - to allow access to the members private website where they can load their member details onto the system, arrange access to the benefits to allow the member to start working through the programme, to link the member to the call centre, to furnish the member with a digital membership card, to forward any necessary documents and letters to the member and allow access to print any or all work from the system.
11. Upon payment of the annual contributions, WIG will provide on the web-site the following services: to provide document organisation and safe keeping, to provide web-site maintenance and to initiate the database contact, to provide ongoing programmes and value added services, to provide updated questions as and when and to distribute special messages.
12. The member elects as his/her domicilium citandi et executandi (domicile address for receipt of any documents) the address as set out on the web-site "general information" database page.
13. Any notice given in terms of this agreement shall be considered received and having come to the attention of the member on the third business day after appearing on the web-site, where a notice period is required.
14. The information posted on the WIG's web-site contains the whole of the agreement between the parties and there are no parallel ancillary agreements between them.
15. No alteration, amendment, variation and/or consensual cancellation of this agreement shall be of any force and effect unless confirmed by the parties by the exchange of consenting e-mails. Notwithstanding the aforesaid, WIG retains the right to amend, vary, alter, suspend and/or add to its range of programmes and services without reverting to the member. However, WIG will make every effort to keep all records on back-up and when appropriate, make available when any dispute is resolved.
16. The paragraphs of this agreement are divisible, the effect of which is that should one or more of the clauses prove to be unenforceable, the remainder of the agreement, excluding those paragraphs, will stand and shall be fully enforceable.
17. Membership is on a full years basis payable in advance, including the month of death, and no pro-rata adjustments will be entertained.
18. Broken membership for annul subscribers will not attracts any re-entry costs.
19. Membership of the programmes is on an individual basis only and should WIG become aware that the member is sharing the same emotional will with another party, this will result in immediate termination of membership and forfeiture of his/her created material without a return of contributions.
20. Membership is capable of being purchased for another person provided such person becomes the sole member with protection of confidentiality, with the donor merely fulfilling the funding role.
21. Purchase of ancillary fee for service products is only possible with active membership. WIG has the right to make additional services or benefits available to existing and active members in order to add value to their lives as determined by WIG.
22. Membership is offered in various countries around the world. Contributions are paid in different currencies according to the companies accredited electronic service providers. In some instances, VAT is added to the fee.
23. A member who wishes to cancel membership may give his/her required notice within the term of the contract. No refund will be entertained after 30 days of initial payment. A member may buy-up during the fixed contract period (annual term) but may not buy-down to another product.
24. A member who acts in an inappropriate way, as judged by WIG (Eg loads inappropriate and explicit material onto the website or emotional will), may be removed from membership without his/her created material or a refund of past contributions.
25. For members who are paying monthly contributions, these contributions are payable in advance by the seventh working day of the month, otherwise suspension will follow by the eighth business day of the month. Re-instatement of membership will follow once contributions are brought up to date, provided this is before the end of that month, otherwise cancellation will apply.
26. A member, who is mid-term in his/her fixed contract period on 1 January, when contributions are normally increased, shall face the revised level of contributions, notwithstanding the fact that he entered at the old price. Whilst every endeavour will be made to only increase contributions at this time, circumstances may require that WIG adjusts rates at anytime that appropriate solvency levels are at risk.
27. Contributions are subject to Value Added Tax where applicable and are not Tax Deductible for Income Tax purposes and other than a tax invoice available off the web-site, no documentation to support any other perceived need will be issued.
28. The calendar year is the financial year of WIG being February.
29. Should a member break his/her membership at anytime during the fixed contract period, WIG will freeze all created material belonging to the member. Such material will be re-instated once payments are brought up to date.
30. On the death of a current member, who is fully up to date with his/her contributions, there will be a release of all his/her created material, suitably edited and in the form as detailed on the web-site. The work done by the member will remain on the website for perusal by elected persons determined by the member at the time of his/her membership.
31. Fees for loss of membership card can be replaced at the ruling rate.
32. Wig shall provide the database structure for capturing all personal data and on death in the case of insurance/assurance policies, every effort shall be made to trace listed items, but not un-listed ones. Should WIG not be able to trace listed policies, it shall not be held liable in any way whatsoever.
33. Rates of contribution apply to all members irrespective of any demographic criteria, except where denoted otherwise in these terms and conditions.
34. Members are able to join any of WIG's products direct and not necessarily via a Agent. However, WIG has created an accredited Agents list and allow these agents to market the benefits and services as a more favorable price and/or benefit structure to any member.
35. A member may pay contributions to WIG or to an Agent if necessary where this is agreed upon. Wig will not be held accountable for any payments made in any other way. Such payments must be based on the rates on the web-site or on WIG's official documentation. Only once WIG has received the payments and where the payment is cleared, will the member's benefits and services be activated.
36. Members must ensure that statements made in their "Emotional Will" are not viewed as over-riding or re-placing the content of a duly authenticated "Traditional Legal Will" which remains the official document of a person's intentions on death. However the entire Emotional Will is considered an addendum to help any Executor to wind-up an estate if it is required to offer basis of intent of the deceased. WIG shall not be held in any way responsible for any conflicting wishes or statements between these two documents.
37. WIG will not accept payment for contributions by way of cheque through the post. All payments must be initiated at the member's end for direct crediting to WIG's contribution current account, either by direct deposit, electronic transfer, the internet, stop order or debit order.
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