Terms & Conditions
Updated Date:
1. Introduction
1.1. This Website is owned and operated by Magaqa Funeral Parlour , trading as Magaqa Funeral Parlour (“Magaqa”, “we”, “us” or “our”). Access to and use of magaqafunerals.co.za (“the website”) are subject to these Terms of Website Use (“the terms”).
1.2. These terms apply to every person who accesses or uses the website (“you”, “your” or “user”). By using the website after these terms have been brought to your attention, you agree to the provisions applicable to that use, to the extent permitted by law. Where express acceptance is required, we will obtain it separately.
1.3. Please read these terms carefully. If you do not agree, please stop using the website. You may contact us directly to enquire about our services or request an explanation of these Terms.
1.4. Separate terms apply to funeral arrangements, membership benefits and any insurance products. The relevant quotation, service agreement, membership rules or policy documents must be supplied and read before you commit. These website terms do not create or replace those agreements.
1.5. These terms include provisions which:
1.5.1. limit our liability where legally permitted;
1.5.2. explain your responsibilities when using the Website; and
1.5.3. may make you responsible for loss caused by your unlawful conduct.
1.6. Nothing in these terms excludes or restricts any right, remedy or obligation that cannot lawfully be excluded under applicable South African legislation. If a specific product agreement conflicts with these terms, that agreement governs the relevant product, subject to mandatory law.
2. Use of the Website
2.1. To enter into an agreement through the website, you must have the necessary legal capacity. If you are under eighteen (18), or require legal assistance, you must obtain the assistance of a parent, guardian or other competent person as required by law.
2.2. You must provide accurate information when requesting a quotation, completing an application or submitting instructions. If you act for a family, estate or another person, you must have appropriate authority. We may request reasonable proof of identity or authority before acting.
2.3. Personal information collected through the website is processed in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and our Privacy Policy. Accepting these terms does not automatically constitute consent to optional marketing.
2.4. Website forms and automated acknowledgements do not guarantee immediate assistance. For urgent funeral arrangements, call us using the phone number provided below. Collection, transport and other arrangements must be confirmed with an authorized Magaqa representative.
3. Quotations Services and Cover
3.1. Users may request a quote or cover for any product contained on the website, which Magaqa may accept or reject.
3.2. Submitting a request for funeral cover and/or a quotation through the website does not automatically establish a binding agreement between you and Magaqa. Any confirmation or communication regarding your application does not, on its own, constitute acceptance of your request. Your application will only be considered accepted once the relevant policy documents have been issued to you. The agreement between you and Magaqa will only take effect upon receipt of your first premium payment, subject to the terms and conditions of the policy.
3.3. You may cancel your request for funeral cover at any time before making your first premium payment. Once your first premium has been paid, cancellation of your cover will be subject to the specific terms and conditions of the applicable policy.
4. Disclaimers and Important Information
4.1. We take reasonable care to keep website information accurate and current. Descriptions, photographs and package summaries provide general guidance; the specific goods and services included in your arrangement are confirmed in your quotation or agreement.
4.2. We cannot guarantee uninterrupted website availability, compatibility with every device or freedom from technical errors. We will take reasonable steps to address faults and maintain appropriate security safeguards.
4.3. If a published price or description contains an error, we will correct it and explain its effect on your request. This does not give us an unrestricted right to change an accepted price or cancel an agreement contrary to applicable law.
4.4. Links to external websites are provided for convenience. Those websites operate under their own terms and privacy notices. A link does not itself constitute our endorsement, but our responsibility for our own representations and conduct remains unaffected.
4.5. Unless otherwise indicated, website text, photographs, graphics, names and logos belong to Magaqa or are used with permission. You may view the content and retain reasonable copies for personal use or transaction records. Commercial reproduction requires permission unless authorised by law.
4.6. We may update the website’s content, features or layout. Website changes do not automatically alter an existing service agreement, membership or insurance policy.
5. Site Security and Prohibited Activity
5.1. You must not gain unauthorized access to restricted areas, interfere with website operation, introduce malicious code or unlawfully intercept or obtain information. Suspected unlawful activity may be investigated and reported to the relevant authorities.
5.2. In using the website, you must not:
5.2.1. submit fraudulent, misleading, threatening or otherwise unlawful material;
5.2.2. impersonate another person, misrepresent your authority or infringe another person’s privacy or intellectual property rights;
5.2.3. upload material you are not entitled to provide, or assist another person to misuse the Website.
5.3. If you submit photographs, funeral notices or other content, you must have the authority required for its intended use. Supplying material for funeral preparations does not automatically authorise public advertising or social media publication.
5.4. We may restrict Website access where reasonably necessary to address unlawful activity, a material breach or a security risk. Such restriction does not by itself cancel your existing product or service agreement.
6. Limitation of Liability and Responsibility
6.1. Nothing in these terms excludes liability for fraud, willful misconduct, gross negligence or any liability that cannot lawfully be excluded or limited under South African law.
6.2. Subject to clause 6.1 and applicable consumer rights, we are not responsible for loss caused solely by circumstances beyond our reasonable control where we have not contributed to that loss through a breach of duty. Legal rules concerning causation, foreseeability and mitigation remain applicable.
6.3. To the extent permitted by law, you are responsible for direct, reasonably foreseeable loss caused by your intentional unlawful misuse of the website or knowing infringement of another person’s rights. You are not required to indemnify us for our own unlawful conduct or losses you did not cause.
6.4. These provisions do not prevent you from disputing liability, exercising a statutory remedy or approaching a competent regulator.
7. General
7.1. We may revise these terms and publish the updated version with an effective date. Changes apply prospectively. Additional notice or agreement will be obtained where required by law, and accrued rights remain protected.
7.2. These terms are governed by the laws of the Republic of South Africa. Disputes may be referred to a South African court or other body with competent jurisdiction, subject to applicable consumer rights.
7.3. Questions or complaints may be sent to the email provided below. We will endeavour to respond promptly. Product-specific documents will identify any applicable insurer, FSP or ombud complaint route. You retain the right to approach an appropriate external body.
7.4. If a provision is found invalid or unenforceable, the remaining provisions continue to apply to the extent that they can operate lawfully and fairly. A delay in enforcing a right does not itself waive that right.
7.5. Our business details are:
Business name: Magaqa Funeral Parlour CC
Telephone: 039 727 5124
Email: info@magaqafunerals.co.za
Website: magaqafunerals.co.za