1. Introduction
Switch by Santam (“we”, “us”, “our”) is a division of Santam Limited. This Terms of Use is applicable to our mobile application (“App”), website (“Website”), media platforms, and all other products and services offered by us. Any reference to one of our Website, App, media platforms or other products and services, includes all of the aforementioned.
This Terms of Use is binding on and enforceable against every person who accesses and/or uses our App (“User”, “you”, “your”), without qualification or exception. If you access and/or use our App, you agree to have read and understood, and accept the terms and conditions herein. Notwithstanding the terms and conditions of this Terms of Use, you accept that we will comply with any applicable privacy or other legislation.
We reserve the right to amend this Terms of Use in our sole discretion. You agree that it is your responsibility to review this Terms of Use for changes whenever you access our App. Your continued use of our App following changes to the terms and conditions herein is deemed your acceptance of the changes. We will notify you of any material changes to this Terms of Use.
2. Relationship of parties (and associated fees)
We operate our App in which you access products and services (see ‘Products and services’ below). We do not charge you a fee for use of our App. The insurance product Switch by Santam Personal Assets Policy is underwritten by Santam Limited (“Santam”), an authorised financial services provider (FSP 3416). If you purchase the Switch by Santam Personal Assets Policy, you will pay an insurance premium.
3. Products and services
Notwithstanding the first paragraph of this Terms of Use, any reference to ‘our App’ in this section ‘2. Products and services’ includes only our App. You acknowledge that in order to use our products and services you require access to our App and as such you agree that it is your responsibility to:
download our App and any App updates and use the App as your primary interface for our products and services, including, but not limited to, managing your cover; and
secure the internet connection, and for all associated fees, required for our App to function properly; and
obtain the appropriate device, hardware and/or software to access our App. Our App is currently available on Android and iOS.
If our App is unavailable or you are unable to access our App for any reason, you can contact us for support using the email address help@santamswitch.co.za.
We will endeavour for our App to operate to its specifications; however we do not warrant that our App or any part thereof will operate with your device, hardware or software nor to the availability or functionality of our App (and therefore to our products and services), e.g. malfunctions associated with the internet and electronics.
The current status of your cover is reflected in our App and in your policy schedule sent to you and stored on your account in our App). You agree to receive electronic correspondence relating to your policy and our products and services.
You must create a personal account in order to use our App, including, but not limited to, to get an insurance quote and enter into an insurance contract, which involves that you submit personal information. Please read our Privacy Policy.
You warrant that you are 18 years old and have the legal capacity to enter into a contract; and that any and all information you submit is current and accurate and you agree to keep such information up to date. If you do not keep such information up to date, including, but not limited to, a valid credit/debit card, your cover may be invalidated and any claims rejected. You may be required to submit media content, e.g. photographs and videos, in order to use our products and services. If you submit such content, you grant us licence to use such content to provide our products and services.
You are responsible for all access and use of your account and you agree that it is your responsibility to keep the password you use to access your account confidential. If you suspect or are aware of unauthorised access to your account, you must notify us immediately using the email address help@santamswitch.co.za. If we suspect or are aware of unauthorised access to your account, we may restrict your access immediately without prior notice. You agree that we will assume all activity associated with your account has been authorised by you.
Your insurance quote is based on the information you submit in conjunction with information we secure from other sources and is neither advice nor a contract. It is your responsibility to read and understand the terms and conditions of the quote. Santam underwrites the Switch by Santam Personal Assets Policy.
Your insurance contract (policy) is only confirmed and binding when you accept your quote. Your policy is a legal contract under which Santam agrees to provide cover, the terms and conditions of which are contained in your policy schedule (attached to which you’ll find a Disclosure Notice) and the policy wording. These policy documents reflect the information you submit during the quote process and any updates following acceptance of your quote. You will receive notification in writing of updates relating to your policy.
You must read your policy documents carefully to ensure that the information reflected therein is correct, as well as to understand your cover and responsibilities. If you do not comply with the terms of conditions of the policy, including, but not limited to, the accuracy of information you submit, your cover may be invalidated and any claims rejected. If there is conflict between this Terms of Use and the policy documents, the policy documents prevail.
4. License (limited use)
Our App is available solely for use by bona fide customers and must not be used for any commercial, or illegal or unauthorised purposes. If you access or use our App, you agree that you will not (yourself or through any third party) by any means:
process, monitor, copy or extract any pages of our App or any of the information, content or data contained in or accessible via our App, without our prior written consent;
aggregate or combine information, content or data contained in or accessible via our App with information, content or data accessible via or sourced from any third party;
use any information in or accessed via our App for any commercial purpose (including, but not limited to, market research, the provision of pricing estimates or "shadow shopping") or otherwise (either directly or indirectly) for profit or gain;
interfere or attempt to interfere with the proper working of our App or any transaction or process being conducted in or via it;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to our App;
attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with our products and services; and
copy, reproduce, alter, modify, create derivative works or publicly display any part of any content from our App without our prior written consent.
If you violate any of the restrictions above, we will terminate your access to our App immediately, without prior notice, and your cover will be invalidated. You hereby defend, indemnify and hold harmless us, and any and all of our affiliates, from and against all claims, damages, losses, liabilities, costs and expenses (including, but not limited to, legal fees and any costs incurred to identify a violation of any such restriction) relating or connected to your violation of any such restriction.
5. Ownership (intellectual property)
The content of our App, including, but not limited to, any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks is our property and protected by law, including, but not limited to, copyright and trademark law. Nothing in our App will be read in a manner which allows users to acquire any right, title or interest to or in our App or the content thereof.
Any use, distribution or reproduction of any content of our App is prohibited, unless expressly authorised in respect of this Terms of Use, or otherwise provided for by law. If any of such content is licensed or belongs to a third party, your rights of use may be subject to additional terms and conditions imposed by that third party and you agree to comply with that third party’s terms and conditions.
6. Cookies
Cookies are small pieces of data that your web browser sends from websites and stores on your computer to remember you and your preferences. Our Website may use cookies to improve your experience. If you use our Website, you consent to the use of cookies. You can choose to set your web browser to alert you about or block cookies. If you block cookies, our Website may not function properly.
7. Third party websites
You may find content on our Website that links to the websites and products or services of third parties. We do not control or review the content or links that appear thereon, nor are we responsible for the practices of websites linked to or from our Website. Your use of any other website is subject to that website’s terms and conditions and policies.
8. Disclaimer
We will endeavour for all content to be accurate; however to the maximum extent permitted by law, our App is provided on an 'as is' basis. You expressly understand and agree that your use of our App is entirely at your own risk. Furthermore, to the maximum extent permitted by law, we disclaim all representations and warranties (whether express, implied, arising under statute or otherwise) including, but not limited to, any warranties of merchantability and fitness for a particular purpose and non-infringement of title or any third party rights.
9. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, special or consequential loss or damages (including, but not limited to, damages for loss of data) arising from: your use of or reliance on our App; or your inability to use our App; or unlawful activity via our App, or any linked third party mobile application and/or website. You hereby indemnify us against any loss, claim or damages which you or any third party may suffer, arising in any way from your use of or reliance on our App, or any linked third party mobile application and/or website.
10. Availability and termination (breach)
We may in our sole discretion at any time, for any reason and without prior notice, suspend or terminate the operation of our App (in whole or in part) or your right to access or use our App, including, but not limited to, for scheduled and unscheduled maintenance of our App; which may impact the availability and functionality of our App, and therefore our products and services, but not the validity of a policy purchased prior to such suspension or termination. If you breach any of the terms and conditions of this Terms of Use or other policies to which you agree, we may terminate your access and use of our App with immediate effect.
You can contact us for support, or to terminate your App account, using the email address help@santamswitch.co.za.
11. Dispute Resolution
If a dispute arises between you and us, we will decide to resolve the dispute by a meeting of negotiation, mediation, arbitration (in accordance with the applicable laws in South Africa) and/or South African court.
12. Law
This Terms of Use and any dispute arising from or connected with the terms and conditions herein, as well as your relationship with us and Santam, will be governed and interpreted in accordance with the laws of the Republic of South Africa and the jurisdiction of the courts of the Republic of South Africa.
13. Contacting us
If you have any questions about this Terms of Use or our App, please go to My Account menu in our App for Live Chat, FAQ and contact details, or visit the online Help Centre at https://help.santamswitch.co.za.
Switch by Santam is a division of Santam Limited
1 Sportica Crescent, Tyger Valley, Bellville, 7530