7.1 Administrator – Triarc (Pty) LTD, Reg 2012/011172/07, FSP 45009.
7.2 Insured Life – the person on whose life premiums are based and for whom cover is provided (includes you, Spouse, Parents, Parent-in-law and Extended Family).
7.3 Insurer – Guardrisk Life Limited, Reg 1999/013922/06, FSP 76.
7.4 Policyholder – owner of the Policy and the only person who can make changes to benefits.
7.5 Premium Payer – the person/entity from whose bank account premiums are collected. If different to the Policyholder, this person has no rights to the policy except to pay the monthly premium.
7.6 Accident – a sudden, uncertain and fortuitous event caused solely and directly by violent, external, physical and visible means, independently of any other cause, resulting in death.
7.7 Application – the manual application form or telephonic application via the call centre.
7.8 Beneficiary – the person you nominate to receive the benefits if you die. If you do not nominate a beneficiary, you agree the Claimant will be your beneficiary.
7.9 Benefits – the funeral plan selected by the Policyholder as stated in the Policy Schedule.
7.10 Child – an unmarried minor child under 21, including natural, legally adopted and stepchildren; or a physically/mentally disabled child fully dependent on the member (no age limit).
7.11 Claim – a demand for benefits by a Claimant, made by submitting a completed and signed claim form with supporting documentation.
7.12 Claim Event – the death of an eligible Insured Life during the currency of this Policy.
7.13 Claimant – you, or if you have died: your surviving Spouse, a financially dependent person, your sibling, or Parent.
7.14 Dependant – the Spouse, Child, Parent, Parent-in-law and Extended Family of the Policyholder.
7.15 Exclusion – a loss or risk not covered under this Policy.
7.16 Extended Family – another Spouse not registered on this Policy; Children not registered or over 21; blood relatives financially dependent on you (brother/sister, aunt/uncle, niece/nephew, grandparent).
7.17 Maximum entry age: 65 years.
7.18 Maximum lives: 1 Principal Member, 1 Spouse, 5 Children (under 21), 4 Parents/Parents-in-law, 8 Extended Family.
7.19 Parent/Parent-in-Law – natural or legally adoptive parent of you or your Spouse.
7.20 Policy Start Date – the effective date your Policy shall start.
7.21 Policy – the Triarc Policy Schedule, Application form and any accepted changes.
7.22 Policy Schedule – the summary sent when Triarc activates your Application or makes changes.
7.23 Spouse – a person married to the Member by law, tribal custom or religion; or a person who has resided in the member's home for a minimum of 12 uninterrupted months and is regarded as a permanent life partner.
7.24.1 All premiums must be paid by debit order. Failure to pay after the grace period may result in Policy cancellation.
7.24.2 Premiums are considered paid only when our bank account is credited, provided no reversal.
7.24.3 Premiums are payable monthly in advance.
7.24.4 The Insurer will not vary Premium rates during the first 12 months unless there are reasonable actuarial grounds or the variation benefits the Policyholder. The Insurer may review and change premiums annually based on: economic factors, lapse/claims/mortality experience, reinsurance, regulatory changes, or any other material factor. Changes will be notified in writing 31 days before taking effect.
7.24.5 Premium rates automatically increase when an insured life moves into a new age band (31 days notice).
7.24.6 If the first premium cannot be collected, no cover until all premiums are received.
7.24.7 If premium not received within 31 days, the Policy will be cancelled.
7.24.8 Policy changes will be charged at current premium rates, not those at the Policy Start Date.
7.24.9 All charges are included in the premium rates set out in the Policy Schedule.
7.24.10 The premium includes a 9% binder fee to Triarc and 20% commission.
7.25.1 You authorise Triarc to collect premiums via debit order.
7.25.2 Collection on the first debit order day or next working day if it falls on a Sunday/Public Holiday.
7.25.3 If paid by someone other than the Policyholder, their bank will treat instructions as personal. The premium payer may cancel the debit order, but this may lead to policy cancellation.
7.25.4 It is your responsibility to ensure sufficient funds are available.
7.25.5 No refunds for premiums legally due and owing.
7.25.6 Triarc is not responsible for incorrect banking details. It is your responsibility to notify changes.
7.25.7 Reinstatement of a lapsed Policy must be requested in writing. The Insurer reserves the right to accept or decline.
7.26.1 Cooling-off: Cancel in writing within 31 days of start date. Full premium refund if no benefit paid, no claim made, and no claim event occurred (cost of risk cover deducted).
7.26.2 After cooling-off: 1 calendar month written notice. No premiums refunded.
7.26.3 The Insurer will cancel if: (a) obligations fully discharged; (b) Policyholder dies and continuation not selected; (c) payment not received within 31-day grace period. 31 days notice will be given.
7.26.4 The Insurer may immediately cancel or place on hold to comply with the law or prevent criminal activity.
7.26.5 Restarting within 6 months may be considered. Previous benefits are not guaranteed.
7.26.6 Cover remains for a 31-day grace period if premium unpaid. If not paid by expiry, the Policy lapses. Claims within the grace period will be considered with arrears deducted from benefits.
7.27.1 Triarc does not provide financial advice. Obtain advice from an accredited financial advisor.
7.27.2 Only FSCA-authorised financial advisors may act on your behalf.
7.27.3–4 Triarc is not liable for loss caused by an unauthorised advisor or one acting outside their authority (unless they are a Triarc employee).
7.27.5 The financial advisor must ensure you receive and understand all product and fee information.
7.28.1 12-month waiting period for death by suicide from the Policy Start Date.
7.28.2 A Waiting Period applies from the start/reinstatement date on all benefits. No funeral cover for Natural Death during the Waiting Period.
7.28.3 Waiting period does not apply for accidental death.
7.28.4 Natural death waiting period: 6 calendar months for Principal Member, Spouse, Parents, Parents-in-Law, and Extended Family.
7.28.5 Exclusions – no cover for loss caused by:
• Terrorism, War, Civil commotion or riot
• Active participation in criminal activity resulting in a Claim Event
• Nuclear, biological or chemical weapons, or radioactive contamination
7.31 Triarc will take all reasonable steps to verify identity and ensure security/confidentiality of submitted information, but indemnifies itself against loss from misuse or misinterpretation. Triarc warrants compliance with all relevant electronic communications legislation.
7.32 Guardrisk Life and Triarc have a shareholder and subscription agreement. Triarc shares in profits and losses. Guardrisk Life may distribute dividends to Triarc at its Board's discretion.
8.1 I agree to be bound by these terms, the Policy wording, Schedule, and any servicing alteration requests and annual review letters.
8.2 I agree that commission per the Long-term Insurance Act of 1998 may be paid to my appointed financial advisor.
8.3 If Triarc acts on instructions from my financial advisor found to be unauthorised, Triarc will not be liable (unless the advisor is a Triarc employee).
8.4 Subject to the waiting period (clause 7.28), Triarc will only be at risk from the policy start date.
8.5 All statements and details I have supplied are complete and true. False information or non-disclosure may result in cancellation.
8.6 I have read and understood the contents of this application form.
9.1 We process your personal information for policy activation and legitimate interests, in line with POPIA.
9.2 You may object to processing, but acceptance is required to activate and service your policy. Acceptance continues after death.
9.3 We will keep your information confidential. We are not responsible for information you share with third parties.
9.4 You warrant you have received permission from your spouse/dependents/beneficiaries to share their personal information with us.
9.6 If consenting for a minor (under 18), you confirm you are a competent person with authority.
9.7 By signing, you consent to us sharing policy and health information with the appointed financial advisor.
9.8 You agree we may process your information for: underwriting; automated decision-making; advising of new products; and providing information to contracted third parties.
9.9 You consent to sanctions screening and communication with Regulatory Bodies. Agreement may be terminated if you are found on a sanctions list.
9.10–9.15 We ensure accuracy of your data. You have the right to access, update, correct, or delete your personal information (forms at www.triarc.co.za).
9.16 We are required to keep information per: ECT, FICA, FAIS, CPA, and LTIA.
9.17 We may transfer information outside SA for email hosting or cloud services.
9.18–9.19 Complaints to the Information Regulator:
The Financial Intelligence Centre Act (FICA) requires us to identify influential persons. More than one definition may apply to the same person.
Politically Exposed Person (PEP): An individual entrusted with prominent public functions based on a specific political affiliation. A foreign PEP is someone who holds or has held such a position in a foreign country. A domestic PEP is a South African citizen who holds or has held such a position. Examples include: head of state or government, cabinet minister, member of parliament or similar legislative body, senior judge or justice of a constitutional or supreme court, senior military official of general rank or above, governor of a central bank, ambassador or high commissioner, senior executive of a state-owned enterprise, and members of ruling royal families.
Prominent Influential Person (PIP): An individual who holds or has held a prominent position or function in a country. A South African PIP is known as a Domestic Prominent Influential Person. Examples include: premier of a province, member of the executive council of a province, executive mayor or mayor of a municipality, leader of a political party registered in terms of the Electoral Commission Act, foreign member of a royal family, head or senior executive of a religious body or organisation, head or senior executive of a trade union or employers' organisation, and chairperson or treasurer of a political party.
Known Close Associate: An individual closely connected to a PEP or PIP, whether socially or professionally. Examples include: any individual in a personal, close social or professional relationship with the prominent person; any individual with beneficial ownership of, or who exercises effective control over, a corporate vehicle (including a trust) that is set up for the actual benefit of the prominent person; and any individual who otherwise appears to be acting on behalf of the prominent person.
Family Member of a PEP/PIP: An individual who is related to a PEP or PIP, either directly (by birth) or through marriage, civil partnership, or similar relationship. Examples include: spouse, civil partner or life partner (current or previous); children and stepchildren, and their spouses, civil partners or life partners; parents and stepparents; siblings and stepsiblings, and their spouses, civil partners or life partners; and grandparents and grandchildren.
Declaration requirement: If you or any of your family members, business associates, or close contacts fall under any of the above definitions, you are required to declare this on the application form. Failure to disclose this information may result in the rejection or cancellation of your policy. By completing this application, you warrant that all information provided in this section is true, correct and complete.
Enhanced Due Diligence: In terms of FICA, where an applicant is identified as a PEP, PIP, known close associate, or family member thereof, the insurer and/or administrator is required to conduct enhanced due diligence. This may include obtaining additional documentation, verifying the source of funds and wealth, and obtaining senior management approval prior to the establishment or continuation of the policy.
AUTHORITY AND MANDATE TO TRIARC (PTY) LTD
I/we, the undersigned, hereby confirm that the bank account information provided in this application form is in my/our name. This signed Authority and Mandate refers to our contract as dated on signature hereof ("the Agreement").
Authorisation: I/we hereby authorise Triarc (Pty) Ltd (hereinafter referred to as "Triarc") to issue and deliver payment instructions to the Bank identified in this application form for collection against my/our above-mentioned Bank account on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in our contract ("the Agreement"), and continuing until this Authority and Mandate is terminated by me/us by giving Triarc not less than 20 (twenty) ordinary working days' written notice, sent by prepaid registered post or delivered to: Triarc (Pty) LTD, Unit 122 The Quays, Park Lane, Century City, 7441.
Payment day alignment: The payment day may be aligned to an earlier salary date in December if agreed by both you and Triarc in writing.
Payment instructions: The individual payment instructions so authorised to be issued must be issued and signed monthly from the start date as agreed. In the event that the payment day falls on a Sunday or recognised South African public holiday, the payment day will automatically be the next ordinary business day. Furthermore, if there are insufficient funds in the nominated bank account to meet the obligation, Triarc is entitled to track the account and re-present the instruction for payment as soon as sufficient funds are available in the bank account.
Computerised system: I/we understand that the withdrawals hereby authorised will be processed through a computerised system provided by the South African Banks. I/we also understand that details of each withdrawal will be printed on my/our bank statement or a similar document that should be singed by me/us.
Treatment of instructions: I/we acknowledge that all payment instructions issued by Triarc to my/our bank shall be treated by my/our bank as if the instructions had been issued by me/us personally.
Cancellation terms: This Authority may be cancelled by me/us by giving Triarc the requisite written notice as specified above, but I/we understand that such cancellation will not cancel the Agreement between me/us and Triarc. I/we shall not be entitled to any refund of amounts which Triarc has withdrawn while this Authority was in force, if such amounts were legally owing to Triarc in terms of the Agreement.
Cession: This Authority may be ceded to or assigned to a third party by Triarc if the Agreement between me/us and Triarc is also ceded or assigned to that third party.
Confirmation: Triarc will confirm your Authority and Mandate in writing, prior to the first debit order collection being processed against your bank account. To verify the banking details provided, Triarc may request a bank confirmation letter or a copy of a recent bank statement.
Disputes: Should I/we wish to dispute any debit order collected against my/our account in terms of this Authority, I/we must raise such dispute directly with Triarc. Should the matter not be resolved to my/our satisfaction, I/we may approach my/our bank, provided the complaint is lodged within 40 (forty) days of the debit date of the entry on the bank statement.
Bank changes: In the event that I/we change my/our banking details, I/we undertake to notify Triarc at least 20 (twenty) working days before the next debit order collection date of such change. Failure to do so may result in the debit order being returned unpaid, which could lead to the cancellation of my/our policy.