Sanlam

SanPort Terms of Use

Welcome to SanPort, Sanlam’s secure website for Sanlam intermediaries (i.e. representatives and brokers with active Sanlam contracts), authorised support staff of Sanlam intermediaries and Sanlam staff.

1. Important information

The use by you or your authorised support staff (hereafter collectively referred to as “you”) of the SanPort website is conditional upon the full acceptance of all these Terms of Use by you and you unconditionally agree to fully comply with and be bound by the Terms of Use. Please read these Terms of Use before using the SanPort website.
Please read the Terms of Use regularly. The Terms of Use may change from time to time and the terms that are displayed at the time that you use the website will govern your use of the website.
Please address any comments, issues or concerns to the Distribution Operations Technology Support Services (DOTSS) Helpdesk at salestechnology.support@sanlam.co.za or 0860 1000 43. Their contact details are also available in the Support section on the SanPort website.

2. Nature of the website

The SanPort website provides access to client information, intermediary information and Sanlam information, including information on products, product providers and policies and procedures. It also provides secure access to other Sanlam applications.
Subscribing to any services through the SanPort website is subject to Sanlam’s contractual terms and conditions, and applicable legislation. By accessing the SanPort website you accept that all the information you have access to is confidential, is of a proprietary nature to Sanlam and is not generally in the public domain. You also accept that Sanlam and other third parties could suffer irreparable harm, loss and damages if the information accessed is used in an unlawful manner or for unauthorised purposes.
Links to third party websites are provided for the convenience of users 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. Sanlam is not responsible or liable for any content displayed on a third party website that is not under Sanlam’s direct control. Accordingly, your use and reliance on information available on third party websites is done at your sole and absolute risk, which includes any direct or indirect loss or damages which Sanlam or any third party may suffer.

3. Access for proxy users

Intermediaries authorised to use the SanPort website will be able to give their support staff express authorised access to information and/or services on the SanPort website. Each expressly authorised proxy will be given a specific userid which only that person may at any and all times use.
These users will act, at all times, as proxies for the intermediary, whether or not such proxies act within the course and scope of their employment, and will be able to access such information and/or services on the intermediary’s behalf. Any staff member of an intermediary, whether expressly authorised or not, will, when accessing and making use of the Sanport Website, act in the name of and on behalf of the intermediary.
Intermediaries remain responsible for all use of the SanPort website by their proxy users and must
  • Ensure that proxy users use the SanPort website in accordance to the Terms of Use.
  • Keep a register of authorised proxy users and furnish Sanlam with a copy if requested.
  • Remove access of proxy users that are no longer in their service or in respect of whom Sanlam has, upon the furnishing of reasons, request that access to and use of the SanPort website be denied.
  • Ensure that proxy users are aware and accept these Terms of Use and not allow such proxy users to access the Sanport website unless these Terms of Use have been unconditionally accepted.
  • Inform Sanlam if a support staff member or ex-staff member is no longer an authorised proxy user.

4. Protection of personal information

The information of clients, intermediaries and third parties provided on the SanPort website are protected by the legislation and the constitution of the Republic of South Africa.
Specifically, paragraph 3(3) of the FAIS General Code of Conduct stipulates the following: “A provider may not disclose any confidential information acquired or obtained from a client ...., unless the written consent of the client ... has been obtained beforehand or disclosure of the information is required in the public interest or under any law.”
Client information will only be provided to intermediaries, or proxy users of intermediaries, where the intermediary is the official care intermediary of the client, or has the client’s written permission to request the information, or where the provision of the information is required in respect of a legal obligation of Sanlam to the client.
SanPort users must protect the personal information of clients and intermediaries to ensure that it is not disclosed unlawfully or negligently. Personal information include all information related to a natural or juristic person, including name, identification number, contact details, physical characteristics, financial information, health information, etc. This list is not exhaustive.

5. Warranties

Warranties provided by you:
For all purposes, you confirm that
  • You are who you say you are, and that you can prove your identity should Sanlam require you to do so.
  • All information you provide at any time to Sanlam using the SanPort website, will in all respects be current, complete and accurate.
  • Support staff are and will at all times be expressly authorised to act on behalf of the intermediary.
  • You will ensure that all Sanlam information in your possession or under your control or to which you have access to is, and at all times, will be secure.
Warranties provided by Sanlam:
While Sanlam will take care to provide accurate information on the SanPort website, the information is provided without any express or implied warranty that it is complete or accurate and the onus is on you to verify that information you use is accurate, complete or up to date. Content is subject to change without notice.

6. Protection of passwords

You need a userid and password to access the SanPort website. You are entirely responsible for
  • Maintaining the confidentiality and security of your password. You must not, and undertake not to give your password to anyone else.
  • All activities that occur using your userid and password, either with or without your knowledge.
  • Notifying Sanlam immediately in writing of any unauthorised use of your userid and password or any other breach of security that you know of or have caused or which you become aware of.
  • Losses, both direct or indirect, suffered by Sanlam or a third party, including clients, due to someone other than you using your user id and password.

7. Secure Access to Sanlam applications and websites

The SanPort website may provide you with secure access to Sanlam applications and other Sanlam website available to intermediaries that you are authorised to use. Use of these applications and websites are subject to the SanPort Terms of Use, as well as their own Terms of Use, if applicable.

8. Third party software and cookies

To use the SanPort website you need to have appropriate third party software installed on the device used to access the website. The SanPort website is not warranted to work if software other than that specified below is installed on the device used to access the website. You need to have
  • Browsers: Internet Explorer 9, 10 or 11 or Google Chrome up to 36 or Safari 4+.
  • PDF readers: Adobe 9 or X.
To use the SanPort website you need to have cookies enabled on the device used to access the website.

9. Restricted use

Unless otherwise indicated in writing, all information, products and services displayed on or accessed through the SanPort website are exclusively for the servicing of Sanlam intermediaries and clients.
You may not
  • Modify or create derivative works from, publish or license any of the content displayed on the SanPort website without Sanlam’s prior written authority.
  • Decompile, reverse engineer, or disassemble the website, a linked website, or any other software employed in the display or operation of the SanPort website.
  • Post on or upload to the website content that is of an unlawful nature, for example: (a) contents that is threatening, libellous, 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 SanPort website in a manner that could damage, disable, overburden, or impair any Sanlam server, computer or network, or interfere with any other party’s use of the SanPort website.
  • Interfere with any content displayed on the SanPort website or attempt or gain unauthorised access without Sanlam’s written consent to the information displayed or services available on the website to which you are not authorised, or to any secure applications or websites to which you are not authorised, or to a Sanlam server or any other part of Sanlam’s information system. Any attempt, whether successful or unsuccessful, to interfere with the information or to gain access to information, services, applications or website to which you are not authorised or to any part of Sanlam’s information system 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 SanPort website, or any of the pages therein, without Sanlam’s prior written consent.
  • Frame the SanPort website or any of its pages without Sanlam’s prior written consent.

10. Intellectual property rights

The SanPort website and all its content, including software, text, graphics, icons, hyperlinks, private information and designs, are owned by or licensed to Sanlam. The intellectual property rights in this content are protected against infringement by local and international legislation and treaties, and may therefore not be used in any way without Sanlam or the licensor’s prior written consent.

11. Electronic transactions, communications and records

By using the SanPort website you
  • Consent to receiving communications from Sanlam electronically. You thereby agree that all electronic agreements, notices, disclosures, and all other communications sent by Sanlam satisfy any legal requirements that such communications must be in writing.
  • Accept the risks inherent in electronic communication in whatever form.
  • Consent to Sanlam acting on the information communicated to Sanlam electronically. You are responsible to ensure that Sanlam has received the information communicated electronically.
  • Acknowledge and agree that Sanlam, in its discretion, may retain and store your electronic communications. You agree that the electronic records stored by Sanlam will constitute rebuttable proof of the content of the records.
  • Acknowledge and agree that Sanlam, in its discretion, may keep a log of your usage of the SanPort website, including access to and use of information, services, electronic transactions and secure applications or websites.
  • Accept that any email or SMS 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.
  • Acknowledge and agree that if any payments are to be made by you to Sanlam you will use a payment system that Sanlam authorised in writing.

12. 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 your negligent use of, or reliance upon, any content displayed on the SanPort website, by you.
  • Any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.

13. Breaches

Sanlam reserves the right to
  • Refuse you further access to the SanPort website if (a) you breach any of the terms of use applicable from time to time; (b) Sanlam is unable to verify or authenticate any information you provide to it; (c) Sanlam believes 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, in connection with or arising out of your breach.
  • Institute disciplinary action against you.
  • Initiate, where applicable, debarment proceedings against you.
  • Proceed against you by way of civil action for any loss, damages, expenses and the like suffered by Sanlam or any third party.
  • At any time to monitor your access to and use of the SanPort Website

14. 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.
With regard to Independent Financial Services Providers or their representatives, you hereby indemnify Sanlam against all direct and indirect, general and special loss/damages, including consequential loss/damages suffered by Sanlam or any other third party in the event that Sanlam is held liable, either directly or by way of joint and several liability for any loss or harm suffered by any data subject/member/3rd party, or if Sanlam itself suffers any loss or harm, as a result of any matter arising out of or in connection with or as a result of a breach of one or more of your obligations in respect of the protection of personal information.

15. Jurisdiction and applicable law

Your use of the SanPort website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the Western Cape High Court, Cape Town.
Any matter arising out of this document, including any claim arising from the use or inability to use the website is subject to and will be governed by 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.

16. Sanlam’s consent

To obtain Sanlam’s consent as provided for in these Terms of Use please address the request to carmen.sprague@sanlam.co.za.