1. Introduction and Acceptance
These Terms of Service ("Terms") govern your access to and use of the services provided by MyBenefitz ("we," "us," or "our"), a juristic representative of Lebon Consulting (Pty) Ltd (FSP: 52013). By accessing or using our website (www.mybenefitz.co.za), platform, or any of our services, you ("you," "user," or "client") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may not access or use our services.
2. Services Offered
MyBenefitz offers a range of financial services, including but not limited to:
2.1 Primary Services
- Life Insurance: We offer life insurance products through licensed insurers as detailed in Section 2.2.
- Short Term Insurance: We offer short-term insurance products through licensed insurers as detailed in Section 2.2.
- Investments: We provide access to various investment products, subject to specific product terms and conditions.
- Loans: We facilitate loan applications through accredited financial institutions.
- Bond Origination: We assist clients in securing home loans through accredited financial institutions.
2.2 Insurance Providers
MyBenefitz is a juristic representative of Lebon Consulting (Pty) Ltd, an authorized financial services provider with FSP number 52013. Our insurance products are underwritten by the following licensed insurers, with whom Lebon Consulting has contractual relationships:
- Old Mutual Insure Limited: Reg. No. 1970/006619/06 | FSP 12
- Sanlam Life Insurance Limited: Reg. No. 1998/021121/06 | FSP 562
- Momentum Metropolitan Life Limited: Reg. No. 1904/002186/06 | FSP 44673
- 1Life Insurance Limited: Reg. No. 2005/027193/06 | FSP 24769
- RMA Life Assurance Limited: Reg. No. 2010/025897/06 | FSP 49502
2.3 Value Added Services
As part of our commitment to holistic financial wellness, we offer complimentary Credit Repair assistance to qualifying clients as described in Section 4.
3. Eligibility for Services
3.1 Primary Services Eligibility
To be eligible for our primary services, you must:
- Be at least 18 years of age.
- Be a legal resident of South Africa.
- Provide accurate, complete, and up-to-date information as required for the specific service.
- Meet the specific eligibility requirements and underwriting criteria as outlined in the individual product documentation and disclosed during the application process.
- Comply with all applicable laws and regulations, including the Financial Intelligence Centre Act (FICA) and the Financial Advisory and Intermediary Services Act (FAIS).
3.2 Credit Repair Service Eligibility
Our complimentary Credit Repair service is available to clients who:
- Have at least one active primary service with MyBenefitz.
- Maintain their primary service account(s) in good standing, including timely payment of premiums where applicable.
- Actively participate and cooperate in the credit repair process.
Access to credit repair services may be suspended or terminated if the primary service relationship is terminated, or if the client fails to meet the eligibility criteria.
4. Credit Repair Service Terms
4.1 Service Scope
Our Credit Repair service includes:
- Reviewing your credit reports from major credit bureaus in South Africa.
- Identifying potential inaccuracies or negative items that may be impacting your credit score.
- Assisting you in preparing and submitting disputes to the relevant credit bureaus.
- Providing credit education and guidance to help you understand and improve your credit.
- Offering support with communications to creditors, where appropriate and within the scope of our service.
4.2 Service Limitations
You acknowledge and agree that:
- We do not guarantee the removal of accurate negative information from your credit report.
- We do not promise specific credit score improvements, as credit scores are determined by complex algorithms and multiple factors.
- We do not engage in any fraudulent or unethical credit repair practices.
- We do not make payments to creditors on your behalf.
- The success of credit repair efforts depends on various factors beyond our control.
- We are not a credit provider or a registered debt counselor.
- Our service is provided "as is" and "as available," without any warranties.
4.3 Client Responsibilities
To facilitate the credit repair process, you agree to:
- Provide accurate and complete information about your credit history and financial situation.
- Promptly respond to our requests for documentation or information.
- Actively participate in the credit repair process.
- Maintain honest and transparent communication with us.
- Follow the recommended steps and strategies we provide.
- Authorize us to obtain and share your credit report with relevant parties.
5. Fees and Payments
5.1 Primary Services
- Fees, premiums, charges, and payment terms are outlined in individual product documentation.
- Insurance premiums must be paid as per policy terms and conditions.
- Investment products may have minimum amounts, management fees, and other charges.
- Loan terms, interest rates, and repayment schedules are outlined in credit agreements.
5.2 Credit Repair Service
- The Credit Repair service is offered as a complimentary service to qualifying clients.
- There are no direct fees charged for the Credit Repair assistance.
- Service availability is contingent upon maintaining an active primary service relationship.
6. Privacy and Data Protection
6.1 Information Collection and Processing
We collect, process, and store personal information in accordance with our Privacy Policy and applicable South African laws, including:
- The Protection of Personal Information Act 4 of 2013 (POPIA)
- The Financial Intelligence Centre Act 38 of 2001 (FICA)
- The Promotion of Access to Information Act 2 of 2000 (PAIA)
- Other relevant legislation
6.2 Information Usage
We use the collected information to:
- Provide the requested services, including processing applications, managing policies, and facilitating transactions.
- Comply with legal and regulatory requirements, such as FICA and FAIS.
- Improve our service delivery, develop new products, and enhance user experience.
- Communicate with you about your account, our services, and relevant updates.
- Prevent fraud, ensure security, and protect our legitimate interests.
6.3 Information Sharing
We do not sell your personal information. We may share your information with trusted third parties as described in our Privacy Policy.
7. Cooling-Off Period
You have the right to cancel any policy or contract entered into with us within the applicable cooling-off period as stipulated by relevant legislation, such as FAIS or the Consumer Protection Act (CPA).
- For long-term insurance policies, the cooling-off period is typically 30 days from the date you receive the policy documents.
- For other financial products or services, the cooling-off period may vary.
To exercise your right to cancel, you must notify us in writing within the cooling-off period. We will refund any premiums or fees paid, subject to the terms and conditions of the specific product and applicable legislation.
8. Prohibited Activities
You agree not to use our services for any unlawful or prohibited purpose, including but not limited to:
- Engaging in any fraudulent, deceptive, or misleading activities.
- Violating any applicable laws or regulations.
- Infringing on the intellectual property rights of others.
- Transmitting any harmful or malicious code, such as viruses or malware.
- Impersonating any person or entity.
- Attempting to gain unauthorized access to our systems or networks.
- Interfering with or disrupting the operation of our services.
- Using our services to harass, abuse, or harm others.
- Collecting personal information from other users without their consent.
- Using our services for unauthorized commercial purposes.
9. Service Termination
We reserve the right to:
- Terminate or suspend your access to our services at any time and for any reason, including violation of these Terms or non-payment.
- Modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice where practicable.
- Refuse service to anyone for any legitimate business reason, in accordance with applicable laws.
10. Intellectual Property
All content and materials on our website and platform, including but not limited to text, graphics, logos, images, software, and trademarks, are the property of MyBenefitz or our licensors and are protected by South African and international intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any of our content or materials without our prior written consent.
11. Disclaimers and Limitations of Liability
11.1 Service Disclaimers
- Our services are provided "as is" and "as available," without any warranties of any kind.
- We do not guarantee any specific outcomes or results from using our services.
- Results may vary depending on individual circumstances and market conditions.
- We are not responsible for the accuracy of information provided by third parties.
11.2 Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:
- Your use of or inability to use our services
- Unauthorized access to our servers or personal information
- Service interruptions or transmission issues
- Third-party actions or omissions
- Credit repair outcomes
- Investment losses
- Force majeure events
12. Indemnification
You agree to indemnify and hold harmless MyBenefitz from any claims arising out of:
- Your use of our services
- Your violation of these Terms
- Your violation of third-party rights
- Your content submissions
- Your negligence or misconduct
13. Dispute Resolution
Any disputes shall be resolved through:
- Negotiation: Parties shall first attempt good faith negotiations.
- Mediation: If unresolved within 30 days, either party may request mediation.
- Arbitration: If unresolved within 60 days, disputes will be submitted to binding arbitration in Pretoria under AFSA rules.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.
15. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and MyBenefitz regarding your use of our services and supersede all prior communications.
18. Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and MyBenefitz.
19. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date at the top of this document. We may also send a notification to registered clients via email or through our platform. Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms.
