1. Nature of website contents
- Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects.
- Subscribing to any service or buying any product through the website is subject to Sanlam’s contractual terms and conditions, and applicable legislation.
- Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that Sanlam provides a link to a third party website does not necessarily mean that Sanlam endorses, authorises, or sponsors that website, or that Sanlam is affiliated to such website's owners or sponsors.
- If any third party website, which is not under the direct control of Sanlam, can be accessed from a link displayed on the Sanlam website, Sanlam shall not be responsible or liable for any content displayed on the third-party website.
- The content or information displayed on a Sanlam website or any third party website which may be accessed through links provided on the Sanlam website is not intended as advice but merely as information. Before making any decision or taking any action based on any information displayed on the Sanlam website or any such third party website that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice.
2. Visitors from foreign countries
- Use of the Sanlam website or the purchase of services or products from the country from which you may access the website may be illegal in that country. Your use of the website for any purchase that you may make is entirely at your own risk. It is recommended that you ensure that use of the Sanlam website for any purchases made by you are not in violation of the laws of any country by which you may be governed.
- Sanlam's services and products may not be available in your country. Contact Sanlam or your local financial or legal adviser to find out whether, and if so which of, Sanlam's services and products may be available to you.
3. Visitors from foreign countries
- The information provided on the Sanlam website is not, nor must you regard it as financial or investment advice.
- If you wish to use the information displayed on the website to purchase any service or product or procure financial or investment advice from Sanlam, your request to do so shall be regarded by Sanlam as an offer to do business with Sanlam, which may be accepted by Sanlam if it chooses.
- The acceptance of your offer will be subject to terms and conditions governing the service, product, or advice at the time of the acceptance of the offer.
- The responsibility for ensuring compliance with any laws or regulations which may apply to you, remain exclusively yours and in making an offer you are deemed to have indemnified Sanlam (held Sanlam harmless and agree to reimburse Sanlam) against any loss or damage that it may suffer arising from your breaking any laws applicable to you.
4. No warranties
While Sanlam will take care to provide accurate information on the Sanlam website, the information displayed on the Sanlam website is provided without any express or implied warranty (guarantee that the information is correct) of any kind whatsoever. In particular, Sanlam does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.
5. Restricted use
Unless otherwise indicated in writing, all information, products, and services displayed on or accessed through the Sanlam website are for your personal and non-commercial use only. You may not -
- Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have Sanlam's prior written authorisation;
- Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;
- Post on or transmit to the website content of an unlawful nature, for example: (a) content that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) content that could damage Sanlam's image or impair its ability to do business;
- Use the website in a manner that could damage, disable, overburden, or impair any Sanlam server (computer), or network connected to any Sanlam server, or interfere with any other party's use of the Sanlam website;
- Interfere with any content displayed on the Sanlam website or attempt or gain unauthorised access (without Sanlam’s written consent) to the information displayed on the website to which you may not be authorised, or to any secure area on the website, a Sanlam server or any other part of the Sanlam information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the Sanlam website or to gain access to information or any part of the Sanlam information system to which you are not authorized, is unlawful and is an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.
- Create a link from another website to the Sanlam website, or any of the web pages which constitute the Sanlam website, without Sanlam's prior written consent;
- Frame the website or any of its pages without Sanlam's prior written consent.
6. Electronic transactions, communications, and records
- When you communicate with Sanlam by electronic communication provided or as may be directed on this website, you consent to receiving responses to your communications by electronic communication addressed to you by Sanlam. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Sanlam satisfy any legal requirement that such communications should be in writing.
- You accept the risks inherent in electronic communication in whatever form.
- You consent to Sanlam acting on the information communicated to Sanlam electronically. You are responsible to ensure that Sanlam has received the information communicated electronically.
- You acknowledge and consent that Sanlam, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by Sanlam will constitute rebuttable) proof (it may be challenged) of the content of the records.
- Any email communication sent to you will be regarded for the purposes of this agreement to have been received by you when it enters an information system outside of the control of Sanlam.
7. User ID and password
If you subscribe to a service or product provided on the Sanlam website you may be required to choose a user id (an identifying name) and a password. You are entirely responsible for:
- Maintaining the confidentiality of your password (you must not give the password to anyone else);
- All activities that occur in your account (using your user id and, if required, your password), either with or without your knowledge;
- Notifying Sanlam immediately of any unauthorised use (use that you did not consent to) of your user id and/or password or any other breach of security that you know of;
- For losses suffered by Sanlam or a third party due to someone other than you using your user id and/or password.
8. Mobile access and use
- You may access the Sanlam website using a mobile device (including a mobile telephone).
- Third party vendors, including Google and DoubleClick, use cookies to serve ads based on a user's prior visits to Sanlam's website.
- The Terms of Use apply with equal force and effect regardless of the manner of your access and browsing of the Sanlam website.
- The Sanlam website is designed and configured for use by Internet browsers which are typically used on computers and not mobile devices. Sanlam is not responsible for the wireless services used by mobile devices, and disclaims any responsibility for the lack of functionality or capability or reliability of any mobile device or software used to access the Sanlam website.
- While the use of the Sanlam website is free of charge, you will be responsible for any fees which may be charged by your service provider which may be associated with your browsing of the Sanlam website.
- Sanlam is also not responsible for the communication of any person or confidential information between you and the Sanlam website or any electronic communications mechanisms facilitated by the Sanlam website and disclaims any liability for deficiencies in privacy or security of any communications made or received between the mobile device and the Sanlam website.
- The functionality and use of your mobile device is outside of the control of Sanlam and Sanlam will not be responsible for interference with the integrity, transmission, delays, limitation of network coverage, outages or interruption in the services supplied supporting the mobile device.
9. Secure payment system
If any payments are to be made by you to Sanlam you will be required to use a payment system authorised (consented to in writing) by Sanlam. Sanlam shall only use a payment system that is sufficiently secure considering nature of the payment to be made and the risk inherent in making the payment electronically. Sanlam accepts liability for any damages that may be suffered to you due to a failure in a payment system authorised by Sanlam.
10. Privacy policy
Your privacy is important to Sanlam. Personal information transmitted to Sanlam will be treated in accordance with Sanlam's Privacy Policy.
11. No liability
- Sanlam will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the Sanlam website by you.
- Except as provided in 7, Sanlam will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.
12. Warranties provided by you
For all purposes, and in particular for purposes of 6 above, you warrant (confirm) –
- Your identity (that is, you are who you say you are), and that you can prove your identity should Sanlam require you to do so;
- That all information you provide at any time to Sanlam using the Sanlam website, in writing, or to Sanlam Call Centre staff, will in all respects be current, complete, and accurate;
- That you will provide to Sanlam all material and relevant facts required by Sanlam as may be appropriate to any dealings you have with Sanlam. If you do not provide the information, or provide information that is incorrect, Sanlam may, at its choice, cancel the agreement or transaction arising from your dealings with Sanlam.
13. Intellectual property rights
- The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to Sanlam.
- As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without Sanlam or the licensor's prior written consent.
14. Breach
Sanlam reserves the right to:
- Refuse you further access to the website if
- you breach any of the terms of use applicable from time to time;
- Sanlam is unable to verify or authenticate any information you provide to it; or
- Sanlam believes that you are conducting activities that are illegal, abusive, threaten the integrity of the website, or may place Sanlam in disrepute;
- Refer any breach to the police if such breach constitutes a crime;
- Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.
15. Indemnity
You agree to indemnify and hold harmless Sanlam, any member of the Sanlam Group and its respective directors, officers, employees, agents, licensors, suppliers, and any third party information providers from and against all losses and expenses (including attorney-and own client costs), resulting from any failure to adhere to these terms of use by you.
16. Jurisdiction and applicable law
- Your use of the Sanlam website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the High Court of South Africa (Cape of Good Hope Provincial Division).
- Any claim arising from:
- The use or inability to use the website;
- An application for, and the rendering of a service or providing of a product;is subject to the laws of the Republic of South Africa - in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to procedure and evidence.
- All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.
17. Sanlam’s Consent
To obtain Sanlam’s consent as provided for in these Terms of Use, please address the request to webmaster@sanlam.co.za.