Terms Of Use

Welcome to the Sanlam application for electronic signatures for selected Sanlam intermediaries and Sanlam staff.

1. Important information

The use by you of the Sanlam e sign application 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 application.

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 service

The Sanlam e sign application is a white labelled solution provided by QuicklySign to Sanlam life per contractual agreement. The use of the Sanlam e sign application is therefore subject to the QuicklySign Terms of Use in addition to this Terms of Use. The application facilitates the signing of documents between intermediaries and clients. The documents are flattened when emailed to ensure that the signatures cannot be copied. It however remains the user’s responsibility to protect electronic client signatures so that it cannot be manipulated and used fraudulently.

3. Protection of personal information

The information of clients stored in this application is protected by the legislation and the constitution of the Republic of South Africa.

Sanlam e sign application users must protect the personal information of clients to ensure that it is not accessed or 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.

4. Back-up of information

No client information or signed documentation may be stored within the electronic signature application. Sanlam may store client information or signed documentation within appropriate secure Sanlam applications for audit purposes. Intermediaries are responsible to ensure that client information and signed documents are also stored in the appropriate secure Sanlam applications (e.g. SanFin). Sanlam will not be responsible for any loss of client or other information stored only in the Sanlam e sign application.

6. 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 Sanlam e sign application, will in all respects be current, complete and accurate.
You will ensure that all Sanlam information in your possession or under your control or to which you have access is, and at all times, will be secure.

Warranties provided by Sanlam:

While Sanlam will take care to provide accurate information in the Sanlam e sign application, 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 and up to date. Content is subject to change without notice.

7. Protection of login details and passwords

You need a userid and password to access the Sanlam e sign application. You are entirely responsible for

Maintaining the confidentiality and security of your userid and password. You must not, and undertake not to give your userid or 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 userid and password

8. Restricted use

Unless otherwise indicated in writing, all information, products and services displayed on or accessed through the Sanlam e sign application 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 Sanlam e sign application without Sanlam’s prior written authority.
Decompile, reverse engineer, or disassemble the application, a linked website, or any other software employed in the display or operation of the Sanlam e sign application.
Store content in the application 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 Sanlam e sign application 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 application.
Interfere with any content displayed on the Sanlam e sign application or attempt or gain unauthorised access without Sanlam’s written consent to the information displayed or services available on the application 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.

10. Electronic transactions, communications and records

By using the Sanlam e sign application 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 Sanlam e sign application, 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.

13. 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 Sanlam e sign application, 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.

14. Breaches

Sanlam reserves the right to

Refuse you further access to the Sanlam e sign application 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 Sanlam e sign application

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.

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.

16. Jurisdiction and applicable law

Your use of the Sanlam e sign application 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.

17. Sanlam’s consent

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