Terms & Conditions

Disclaimer

While SHA Risk Specialists, as a division of Santam Ltd, (Santam) will take all reasonable measures to ensure an efficient, uninterrupted and error-free service to all users of this website, neither Santam nor any of its employees, representatives or assigns will be liable to any online user for any loss or damage of whatsoever nature caused by or attributable to any:

1. fact or circumstance beyond the reasonable control of Santam, including the breakdown or interruption in the services provided by external service providers and the unavailability or defective performance of any software or any of the services available on or from this web-site;
2. breach of privacy, security or confidentiality or any infringement of intellectual property rights by any person or entity;
3. loss, damage, destruction, theft, contamination or corruption of any data, information or content accessible from or available on this web-site;
4. reliance on, publication or use of any information or data contained on or accessible from this web-site including information and data contained in advertising banners, third party software, pop-up windows, buttons, intermercials, hypertext links and advertising sponsorships;
5. failure by an online user to maintain the confidentiality of their personal username and password, or the disclosure of personal usernames and/or passwords to any person or entity;
6. hacking, infection by viruses, Trojan horses, or any other computer programming routines or software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any software programme, system, data or personal information;
7. failure to adhere to the provisions of any terms and conditions governing the use and access to the services and facilities offered from time to time on this web-site;
8. any lawful act or omission by Santam, its representatives and service providers in respect of or relating to the maintenance and support of this web-site and any supporting software or otherwise in the interests of protecting Santam's proprietary rights or the privacy and confidentiality of visitors and users and their personal information;
9. and consequential or indirect loss or damage whether foreseeable or otherwise. 

E-mail disclaimer

E-mails sent by SHA Risk Specialists as a division of Santam Ltd may contain privileged or confidential information and may be subject to legal privilege. E-mails and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. Access to e-mails by anyone other than the intended individual or entity is therefore strictly prohibited. If an e-mail is received in error please notify SHA Risk Specialists immediately. If you are not the named addressee you should not disseminate, distribute, copy or in any other way deal with such e-mail. Please delete such e-mail from your system immediately. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of any information contained in emails sent by SHA Risk Specialists is strictly prohibited.

Presumption and Indemnity Clause

The user of this website hereby indemnifies and holds Santam harmless against all and any loss, liability, action, law suits, proceedings, costs, demands, and damages of all and every kind, (including but not limited to, direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on this website, or in the use of these services offered, information and / or images available on this web-site, whether due to Santam's negligence or not.

Due to the lack of personal contact in online communication and transactions, Santam/SHA Risk Specialists relies exclusively on the correctness and accuracy of information submitted and the good faith of its brokers/online users. Failure to provide honest, accurate and complete disclosure may lead to the annulment of policies.

Brokers using this website must keep confidential their personal usernames and passwords, at all times. Santam shall be entitled to presume the authenticity and validity of any online communication or transaction and that the broker is the originator of such online communication or transaction where the username and password of that the online user is used to gain access to, view and/or engage in any activity or transaction or service offered on this web-site.

The user hereby indemnifies Santam, its employees, representatives and service providers and holds them harmless against any and all claims, losses and damages which Santam or any third party may incur as a result of reliance placed on any information, data and material furnished by a prospective policyholder or policyholder to Santam. 

Termination and Variation

Santam reserves the right to alter, restrict and / or terminate the services on this website to the user in particular, or to the public in general, without notice or reason, or to revise these terms and conditions at any time. Such changes will be posted on this website and be deemed to have been accepted by the user if the user continues using the website. The obligation therefore will be on the user of this website to review these terms and conditions at regular intervals.

No warranties

While Santam will take care to provide accurate information on the Santam website, the information displayed on the Santam website is provided without any express or implied warranty (guarantee that the information is correct) of any kind whatsoever. In particular, Santam 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.

Restricted use

Unless otherwise indicated in writing, all information, products, and services displayed on or accessed through this website are intended to assist the broker/user in advising prospective or current customers on SHA’s services and products, it is in no way intended to amount to financial or legal advice.

In addition, note that 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 Santam'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 Santam's image or impair its ability to do business;
• Use the website in a manner that could damage, disable, overburden, or impair any Santam server (computer), or network connected to any Santam server, or interfere with any other party's use of the Santam website;
• Interfere with any content displayed on the Santam website or attempt or gain unauthorised access (without Santam’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 Santam server or any other part of the Santam information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the Santam website or to gain access to information or any part of the Santam 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 this website, or any of the web pages which constitute this website, without Santam's prior written consent;
• Frame the website or any of its pages without Santam's prior written consent.

Electronic transactions, communications, and records

When you communicate with Santam/SHA Risk Specialists 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 Santam. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Santam/SHA Risk Specialists 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 Santam/SHA Risk Specialists acting on the information communicated to Santam/SHA Risk Specialists electronically. You are responsible to ensure that Santam has received the information communicated electronically.

You acknowledge and consent that Santam, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by Santam 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 Santam.

User ID and 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 SHA Risk Specialists 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 Santam or a third party due to someone other than you using your user id and/or password.

Mobile access and use

You may access this website using a mobile device (including a mobile telephone).

The Terms of Use apply with equal force and effect regardless of the manner of your access and browsing of this website.

General

These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and the user of this website will submit to the jurisdiction of the South African courts.

Santam's failure to exercise any particular right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

Access to Information Act

Click here for the Promotion of Access to Information Act manual.