Indiefin.com - Terms of Use

Updated: 29 November 2017

By using the indiefin.com website these Terms of Use apply to you and you agree to comply with the terms of Use. Please read these Terms of Use before using the indiefin.com website.

Important information

The Sanlam Group is one of South Africa’s leading financial services groups and includes Sanlam Limited and all its subsidiaries and associated or affiliated companies. Indie is a division of Sanlam Life Limited.

The terms of use set out below apply to this and all other websites owned, operated, or sponsored by any member of the Sanlam Group – unless such other website specifically provides otherwise.

By using the Indie website these Terms of Use apply to you and you agree to comply with the terms of Use. Please check the website regularly for changes to the Terms of Use. The Terms of Use may change from time to time and the terms displayed at the time that you use the website will govern your use of the website.

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.

Calculations which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as Sanlam will not be liable for any inaccuracy in the calculation.

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 Indie provides a link to a third party website does not necessarily mean that Indie endorses, authorises, or sponsors that website, or that Indie is affiliated to such website's owners or sponsors.

If any third party website, which is not under the direct control of Indie, can be accessed from a link displayed on the Indie website, Indie shall not be responsible or liable for any content displayed on the third-party website.

The content or information displayed on a Indie website or any third party website which may be accessed through links provided on the Indie website is not intended as advice “unless stipulated” but merely as information. Before making any decision or taking any action based on any information displayed on the Indie 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.

Visitors from foreign countries

Use of the Indie 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 Indie website for any purchases made by you are not in violation of the laws of any country by which you may be governed.

Indie's services and products may not be available in your country. Contact Indie or your local financial or legal adviser to find out whether, and if so which of, Indie's services and products may be available to you.

Invitation to do business

Unless indicated in writing by Indie, nothing on the Indie website shall constitute an offer for sale of any service or product.

The information provided on the Indie 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 Indie, your request to do so shall be regarded by Indie as an offer to do business with Indie, which may be accepted by Indie 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 Indie (held Indie harmless and agree to reimburse Indie) against any loss or damage that it may suffer arising from your breaking any laws applicable to you.

No warranties

While Indie will take care to provide accurate information on the Indie website, the information displayed on the Indie website is provided without any express or implied warranty (guarantee that the information is correct) of any kind whatsoever. In particular, Indie 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 the Indie 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 Indie'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 Indie's image or impair its ability to do business;
  • Use the website in a manner that could damage, disable, overburden, or impair any Indie server (computer), or network connected to any Indie server, or interfere with any other party's use of the Indie website;
  • Interfere with any content displayed on the Indie website or attempt or gain unauthorised access (without Indie’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 Indie server or any other part of the Indie information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the Indie website or to gain access to information or any part of the Indie 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 Indie website, or any of the web pages which constitute the Indie website, without Indie's prior written consent;
  • Frame the website or any of its pages without Indie's prior written consent.

Electronic transactions, communications, and records

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

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

User ID and password

If you subscribe to a service or product provided on the Indie 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 Indie 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 Indie or a third party due to someone other than you using your user id and/or password.
  • Mobile access and use
  • You may access the Indie 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 the Indie website.

Indie 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 Indie website.

While the use of the Indie 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 Indie website.

Indie is also not responsible for the communication of any person or confidential information between you and the Indie website or any electronic communications mechanisms facilitated by the Indie website and disclaims any liability for deficiencies in privacy or security of any communications made or received between the mobile device and the Indie website.

The functionality and use of your mobile device is outside of the control of Indie and Indie 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.

Secure payment system

If any payments are to be made by you to Indie you will be required to use a payment system authorised (consented to in writing) by Indie. Indie 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. Indie accepts liability for any damages that may be suffered to you due to a failure in a payment system authorised by Indie.

Privacy policy

Your privacy is important to Indie. Personal information transmitted to Indie will be treated in accordance with Indie's Privacy Policy.

No liability

Indie 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 Indie website by you.

Except as provided in 7, Indie 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.

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 Indie require you to do so;
  • That all information you provide at any time to Indie using the Indie website, in writing, or to Indie Call Centre staff, will in all respects be current, complete, and accurate;
  • That you will provide to Indie all material and relevant facts required by Indie as may be appropriate to any dealings you have with Indie. If you do not provide the information, or provide information that is incorrect, Indie may, at its choice, cancel the agreement or transaction arising from your dealings with Indie.
  • 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 Indie.

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 Indie or the licensor's prior written consent.

Breach

Indie reserves the right to -

  • Refuse you further access to the website if (a) you breach any of the terms of use applicable from time to time; (b) Indie is unable to verify or authenticate any information you provide to it;
  • or (c) Indie believes that you are conducting activities that are illegal, abusive, threaten the integrity of the website, or may place Indie 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.

Indemnity

You agree to indemnify and hold harmless Indie, any member of the Indie 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.

Jurisdiction and applicable law

Your use of the Indie 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.

Indie’s Consent

To obtain Indie’s consent as provided for in these Terms of Use, please address the request hello@Indiefin.com