End User Terms of Service

Introduction

These End User Terms of Service (the “User Terms”) describe your rights and responsibilities, as well as govern your access and use of our online benefits platform and tools (the “Services”). Please read them carefully. Even though you are signing onto an existing online portfolio that your Employer has signed up for and is providing you access to, these User Terms apply to you as a user of the Services. We are grateful you’re here and hope you are enjoying the Services MyBento is providing.

Not all defined terms are in order herein, or may be defined in our Terms of Service or Client Terms.

These User Terms are Legally Binding

These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy.

“We”, “our” and “us” refers to Bento Technologies (Pty) Ltd (2020/929401/07), 15 Howe Street, Cape Town, 7925, South Africa. The “MyBento Extended Ecosystem” includes our employees and third-party contractors which we may leverage in exercising our rights and performing our obligations under these User Terms.

MyBento operates as a Juristic Representative under FSP license number 23579, owned by Approach Administration (Pty) Ltd.

The Client, the User and Us

The “Client” is the entity, organisation and/or person that initiated the creation of an Employer Account. The Client has invited you to access the Employer Account by enabling an Employee Profile for you. By accessing your Employee Profile, you agree to these User Terms.

The content you have been granted access to through our Services contains information provided to us by our Client (“Client Information”), personal information provided to us by you through the use of the Services, as well as Financial Information you are consenting to give us access to (see Section Consent to Obtain Financial Information) by directly requesting it from your financial services providers.

The Client has separately agreed to our Client Terms of Service (“Client Terms”) that permitted the Client to create and configure an Employer Account so that you and other employees of that Client can access your Employee Profile. Each invitee granted access to the Services, including you is an “Authorised User”.

If you are both a “Client” and a “User”, you will be bound to both our Client Terms and these User Terms.

You acknowledge and agree that upon termination of the Client’s rights to use the Services as detailed under the Client Terms of Service, your use of the Services will automatically terminate.

You hereby grant the Client and its Administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove your User Content as permitted under the Protection of Personal Information Act (“POPI Act”) to fulfil its duties and responsibilities as your employer. You acknowledge and agree that the Client and its Administrator(s) may restrict or terminate your access to or use of all or part of the Services.

Services

Additional Terms. You may have to agree to one or more additional terms and conditions (“Additional Service Agreement”) before accessing or using certain offerings that are part of the Services and that are in addition to the terms and conditions of the User Terms. If for any reason these User Terms have terms that are inconsistent with an Additional Service Agreement, the Additional Service Agreement will control with respect to the relevant Services.

Changes to Services. We may update, modify or discontinue the Services (including any of its portions or features) at any time without prior notice or liability to you or anyone else.

Third-Party Services. The Services may contain links to, integrate with, or provide the ability for you to access Third-Party Services. Your use of or reliance on any Third-Party Services are at your own risk and may be subject to the unique and additional terms of those independent Third-Party Service providers. We are not responsible for, and we do not make any promises, endorsements, representations or warranties regarding, such Third-Party Services. We may stop making any Third-Party Services available at any time with or without advance notice to you.

No Professional Advice. Except as may be expressly provided in an Additional Service Agreement, any information, materials or content you may receive through the Services or in connection with the Services is for informational purposes only, and it is not financial, tax, legal, regulatory, or other professional advice. All Clients and Users must make use of professional advice when acting on any information provided via the Services, and warrant that they will make all decisions based on their own volition and assessment.

Consent and Authorisation

Deduction of Payable Amounts by You. The relationship between you and the Client is that of an employer and an employee as governed by your employment contract between you and the Client. As part of the Services provided by us, you may have access to purchasable products and services (“Benefits”) you can acquire at your own cost. By purchasing Benefits through our Services, you automatically give consent to your employer (the Client) to deduct the payable amounts from your salary payments and pay over such amounts to us or to the Benefits provider directly.

Consent to Obtain Financial Information. You acknowledge that it is necessary for us to access personal and private financial information about you in order to provide our Services to you. In particular, such information is required to acquire, maintain and service any financial product and includes any information related to:

• Long-term insurance
• Collective investment schemes
• Pension funds and retirement annuities
• Any other financial product or service,

collectively referred to as “Financial Information”. For example MyBento requests the cover amounts of your policy or the value of your retirement investments in order to display this to you on your benefits dashboard. By accepting the User Terms you give consent to any financial services provider to release the aforementioned information to MyBento. For further information on how we may use your personal information, or acquire it from third parties, please consult our Privacy Policy, which is applicable to you upon acceptance of these User Terms.

Designation as Intermediary. You designate us as your intermediary agent (which appointment will be irrevocable so long as these User Terms and Client’s subscription is in effect) to act on your behalf for the limited purposes, as necessary, to perform the Services only, with the same legal force and effect as if you acted in your own capacity. You may revoke your designation of MyBento as your intermediary agent by sending us notice of your revocation; however, you acknowledge that we will not be able to provide Services to you and you may no longer access or use the Services; accordingly, you will be required to deactivate your account and stop accessing and using our Services.

Electronic Signature. By using the Services, entering into these User Terms, and by voluntarily providing us with your electronic signature you agree to do business with us electronically; you intend your electronic signature to be the same as your handwritten signature for the purposes of validity, enforceability, and admissibility. You authorise us, when acting as your limited agent, to use or re-use your signature in certain cases without having to obtain your signature each time. By using the Services (and for example, by clicking the approval or submit request prompt), you consent to MyBento using your signature to execute on the request you have submitted, re-use your signature on the specific documents you authorise for signature, re-using your signature on a document previously authorised for signature in the event that same document is not materially updated or modified, or use your signature to sign or file documents on your behalf (for example, benefits enrolment forms).

Ownership, Rights and Restrictions

Ownership and Intellectual Property. Except with respect to Client Information and Financial Information, you agree that we own the rights to all MyBento Services and content. Nothing in these User Terms grants you any right, title or interest in any of our Services other than as required to use them within the conditions of these terms. You shall not attempt to gain any right, title or interest in any of our Services. In order to protect our property you will take all reasonable precautions to limit any unauthorised disclosure, reproduction or use.

Your Use Rights. Subject to your full and ongoing compliance with these User Terms and the Client’s full and ongoing compliance with applicable agreements and obligations, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right, during the applicable Client’s subscription term to access and use the Services. We reserve all rights not granted in these User Terms.

Your Employee Profile. You must register an Employee Profile in order to use the Services. You will take reasonable steps to prevent unauthorised use of your Employee Profile and to keep your password secure and confidential, especially if you are an Administrator. We will not be liable for any losses caused by any unauthorised use of your account. You must notify the Client immediately of any breach of security or unauthorised use of your Employee Profile.

Your Responsibilities. You are responsible for all activities that occur under your Employee Profile. You agree to provide accurate and complete information about yourself and to keep such information up to date, as well as not allow any party other than yourself to use your Employee Profile for any purpose.

Certain Restrictions. The use rights granted are limited and subject to the restrictions outlined in this Section. Any unauthorised use of the Services terminates all granted use rights. Any use of or access to the Services by anyone under 18 years of age is strictly prohibited. Currently, the Services are designed and directed only for use by Users within South Africa, use of or access to the Service by anyone located outside of South Africa is prohibited and at your own risk.

Disclaimer of Warranties and Regulated Functions

User’s use of the Services is entirely at your own risk. MyBento is not in the business of providing legal, regulatory, tax, accounting, employment, or other professional services. Any information provided by MyBento via its platform and tools is meant for informational purposes only and should not be interpreted as professional advice, unless specifically and stated otherwise. You should consult a professional that is trained or licensed in the relevant area if you need such assistance. Notwithstanding the foregoing, MyBento is a Juristic Representative of Approach Administration (Pty) Ltd, an authorised FSP (FSCA 23579), thus licensed to provide financial services which may include providing intermediary services to help you enter into or amend agreements, or consume services from other financial services providers directly or via a broker. In addition, certain Third Party Services providers are licensed professionals who may provide professional advice.

To the fullest extent permitted under applicable law, the Services are provided “as is,” without warranty of any kind made by MyBento. Without limiting the foregoing, to the maximum extent permitted by applicable law, MyBento disclaims all warranties, express or implied, including any warranties of fitness for a particular purpose, merchantability, data loss, and non-infringement. Furthermore, MyBento makes no warranties regarding the accuracy, reliability, timeliness, truthfulness, completeness, or quality of any information or MyBento content in or linked to the Services. MyBento cannot guarantee the accuracy or completeness of content made available through its services and makes no representations or warranties with respect to such content.

MyBento does not warrant that the Services will meet Users’ expectations or requirements; be completely secure or free from errors, bugs, viruses, or other harmful components; or be free from interruption, theft, or destruction.

MyBento does not warrant, endorse, guarantee, or assume responsibility for any product or service, including without limitation Third-Party Services, advertised or offered by a third party through the Services or any hyperlinked website or service, and MyBento will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Services providers of products or services.

Limitation of Liability

In no event will we, our officers, directors, employees or agents be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspect of your use of the Services, including damages arising from the use or misuse of the Services, from the inability to use the Services, or from the interruption, suspension, modification, alteration, or termination of the Services. These limitations will apply to the fullest extent permitted by law.

Miscellaneous

Complete Agreement. The User Terms set forth the entire, complete and exclusive agreement and understanding between MyBento and the User relating to the Services. Information incorporated by means of hyperlinks or other reference forms an inseparable part of the User Terms.

Force Majeure. If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under this Agreement, whether timeously or at all, due to an act of God or matters outside of the control of either party (which for the purposes hereof shall mean war, political riots, civil commotions, insurrection, sabotage, legal prohibitions or restrictions, fire, floods, storms, electrical load shedding, formal pandemics, earthquakes or other similar natural disasters), then such failure shall not constitute a breach under this Agreement, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned thereby.

Severability. If one or more of the provisions of these User Terms become, in part or in full, invalid, ineffective, illegal or unenforceable, the validity of the rest of the User Terms shall remain unaffected. Any such invalid, ineffective, illegal or unenforceable provision shall be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provision as regards the subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any omission from the User Terms.

Binding Terms Post Termination. Provisions in these User Terms which require adherence after the termination or expiry of the User Terms shall survive the termination or expiry of the User Terms and continue in full force and effect.

Governing Law. The User Terms shall be subject to South African Law and the South African Courts shall have exclusive jurisdiction over any dispute arising from the use of our Services.

A Closing Note

To provide our Services to you, we recognise you must trust us with your personal information. Maintaining your trust is one of MyBento’s top priorities, and as a result, we abide by the following principles to protect your privacy:

• We protect your personal information and use it only in connection with your use of our Services as set forth in these User Terms and described in our Privacy Policy.
• Because privacy and security go hand-in-hand, we have implemented industry standard administrative, technical and physical security safeguards designed to protect your personal information.

Furthermore, we undertake that we will only act in your best interest in connection with the consents and authorisations you have given us by accepting these User Terms.