Terms of engagement

  1. Introduction
    1. Welcome to the 123 of Business website, a secure website for Sanlam Life Insurance Limited “Sanlam Life” intermediaries (i.e. representatives and brokers with active Sanlam contracts), authorised support staff of Sanlam intermediaries and Sanlam staff.
    2. Please read the Terms of Use regularly. The Terms of Use may change from time to time and the terms that are displayed at the time that you use the website will govern your use of the website.
    3. The 123 of Business domain www.123ob.co.za (“the Sites”) is the property of Sanlam Life Insurance Ltd ”Sanlam Life”. The system and intellectual property hosted on the domain is licensed to Sanlam by Allegiance Consulting (Pty) Ltd. The site is managed by Allegiance Consulting (Pty) Ltd. The use of the website is strictly subject to the terms and conditions as set out in this document.
    4. The Sites are offered to you on condition of your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites constitutes your agreement and consent to be bound to all such terms, conditions, and notices. Your use of a particular website included within the Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Sanlam website, then these terms shall supercede such other terms and shall be of full force and effect.
    5. By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this site both as a registered or an unregistered user.
  2. Definitions
    1. “123 account” shall mean the unique account registered on the 123 of Business website associated with the specific user accessed with his/her Login Credentials.
    2. “Allegiance Consulting” or “Allegiance” shall mean Allegiance Consulting (Pty) Ltd with registration number 1997/556615/07
    3. “BNA” shall mean a business needs analyses referred to as 123 of Business.
    4. “Condition of use” shall mean the terms and conditions contained in this document which is the pre-condition for the use of the system.
    5. “Data” shall mean all client information captured by a user, on the system, all information that was submitted as a para-planning request, and all supporting documents that was submitted either to Allegiance Consulting or uploaded to the system by a user and all documents that was generated by the system. Any transformation of the data by the system is included in the definition of data for the purposes of this document. Data shall also refer to all information kept on the system relating to users, the brokerage they linked to and all related information stored on the system regarding the users.
    6. “FSP” shall mean the registered financial service provider. In relation to the Sanlam Life Adviser Channel, the FSP shall mean Sanlam Life Insurance Ltd. With reference to a user being an independent broker, FSP shall mean the brokerage to which that broker is linked. With reference to corporate brokerages the FSP shall mean the brokerage to which the brokers/advisers are linked. Each FSP implies that the broker / adviser of the FSP is a registered user of the system;
    7. “Financial Intermediary” shall mean a financial intermediary who is either a representative of a FSP or an independent broker who is an FSP or a broker who is a key person of an FSP;
    8. “Login Credentials” shall mean the unique user name and password used by each user of the system to gain access to the secured services offered on the Site.
    9. “Sanlam Life” shall mean Sanlam Life Insurance Ltd with registration number 1998/021121/06.
    10. “Sanlam Group” means all the companies and businesses, whether corporate or unincorporate that comprises the Sanlam Group and/or that is under the direct or indirect control of Sanlam Limited;
    11. “System Administrator” shall mean Allegiance Consulting (Pty) Ltd.
    12. The “Sites” shall mean the website and system hosted on www.123ob.co.za
    13. “User” shall mean a financial intermediary who is a registered user on the system whether via Allegiance para-planning or whether by being an actual user of the system or both.
  3. Modification of these terms of use
    1. SANLAM LIFE reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Sites. You are responsible for regularly reviewing these terms and conditions.
  4. Use of site, personal and commercial use
    1. Unless otherwise specified, the Sites are for your personal and/or commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Sites including but not limited to www.123ob.co.za, www.123ofbusiness.co.za, www.1-2-3.co.za.
    2. You may use the reports generated by the site solely to service the needs of the clients for which such reports were generated. The reports may not be used for ANY other purpose other than servicing the needs of the clients for which the reports were prepared. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of ALLEGIANCE AND SANLAM LIFE is strictly prohibited.
    3. Harassment in any manner or form on the Site or any of the Sites, including via e-mail, including any other electronic media and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a SANLAM LIFE employee, host, or representative or other members or visitors on the Site is strictly prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
  5. Data privacy and the Protection of Personal Information Act No. 4 of 2013
    1. It is a specific condition that the data entered by each user remains the exclusive property of the FSP to which the user is linked as an intermediary i.e. the data entered by Sanlam representatives (Sanlam Life Adviser channel) remains the exclusive property of Sanlam Life. The data entered by independent brokers remains the exclusive property of the brokerage (FSP). The information entered by intermediaries of corporate brokerages (FSP) remains the exclusive property of the corporate brokerage (FSP).
    2. The registered FSP has the explicit obligation to inform Allegiance and/or Sanlam in writing at 123@allegiance.co.za without delay if a user who is a representative, an FSP, an administrative assistant or any other user related to the FSP is no longer associated with the FSP. The FSP specifically understands that failure to do so will allow the user to continue to use the system, gain access to the clients of the FSP if Allegiance and/or Sanlam Life was not specifically informed that the user should be removed from the system.
    3. The user accepts the explicit obligation to inform and agrees to inform Sanlam Life and/or Allegiance in writing at 123@allegiance.co.za without delay if he/she is no longer associated with an FSP. The user further accepts that should he or she log in with credentials associated with a previous FSP, that he/she is in contravention of the data privacy laws, the terms and conditions of this and shall be liable for all damages directly or indirectly suffered by clients and/or the FSP and/or Sanlam Life and/or Allegiance.
    4. The System Administrator shall without delay on written request of a FSP provide the FSP with a copy of all the information contained in the system of which the FSP is the owner. The Administrator shall provide the data in CSV or any other media in the sole and absolute discretion of the System Administrator. The cost of the allocated resources and media associated with the aforementioned request is for the exclusive account of the FSP.
    5. Under no circumstances will Allegiance and/or Sanlam Life use the information other than in the context and specific purpose to service the broker or adviser for the need as identified by the system related to the relevant client. Sanlam Life and Allegiance recognise that the data, including but not limited to the data entered, transformed and produced electronically or in report format on the system relating to each specific client remains the exclusive property of the relevant FSP being Sanlam Life Insurance Ltd for the Sanlam Adviser Channel and each respective brokerage for each broker/adviser linked to such brokerage.
    6. It is an explicit condition of use that Allegiance may (and is instructed by the FSP) to forward the data relating to a BNA (Business Needs Analyses) to Sanlam Life for the purposes of quoting on the business. This information may ONLY be used to quote on the business. Under no circumstances, other than should it be required by law and/or for the protection of the legitimate interests of Sanlam Life and/or the data subject, may the data entered by a user be used by Sanlam Life for any other purpose than to quote, underwrite, re-underwrite, issue or service a policy as a result of and relating to the BNA.
    7. Each user acknowledges that they are aware that a copy of each report generated by the system for a broker or adviser linked to a brokerage is automatically sent to the Sanlam Life broker Consultant.
    8. It is a further explicit condition that Sanlam Life may retain a copy of the information for underwriting, re-underwriting and record purposes for a period at least equal to the minimum period as prescribed by applicable laws, but Sanlam Life may retain it for a longer period as deemed fit in their own discretion.
    9. The users acknowledge and recognise that Allegiance and Sanlam Life may retain a copy of the data even after the user ceases to be a user for the specific purpose of compliance with the laws of South Africa governing the financial services industry.
    10. Each user hereby warrants, represents and undertakes that upon the introduction and commencement of legislation, including the periodic amendment of such legislation, dealing with and regulating the protection of personal information, that
      1. It shall at all times strictly comply with all applicable laws and with all the provisions and requirements of any of Sanlam Life’s and Allegiance’s data protection policies and procedures.
      2. It shall not at any time process data for any purpose other than in accordance with these terms of use and it shall have obtained the necessary consents required in terms of applicable laws from the relevant data subject(s), to the extent necessary to fulfil its obligations in terms of these terms and conditions.
  6. Copyrights and trademarks
    1. 123 of Business® is the registered trademark owned by Sanlam Life.
    2. ALLEGIANCE respects the intellectual property of others, and we ask our users and visitors to do the same. ALLEGIANCE will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws.
    3. If you believe that someone has copied portions or all of this site, please inform us of such infringement at the following address:
      Email security@allegiance.co.za or 123@allegiance.co.za
    4. Notices of claimed copyright infringement should be directed to:
      By mail: Allegiance Consulting (Pty) Ltd
      Legal/IP Division
      473 Cliff Avenue
      Waterkloof Ridge
  7. Typographical errors
    1. Allegiance and Sanlam Life have taken every reasonable effort to deploy a system that correctly identifies, quantifies and prioritises financial needs.
    2. In the event that the BNA contains any suspected errors relating to quantifying the needs, the user shall without delay inform Allegiance of such suspectederrors and refrain from using the system until such time as Allegiance acknowledges receipt of the suspectederror and satisfactorily addressed such suspected error.
  8. Term and termination
    1. These terms and conditions are applicable to all users regardless of whether registered or unregistered upon the user accessing the Site and/or completing the registration and/or using the paraplanning service. Any of these terms and conditions may be modified or terminated by SANLAM LIFE without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
  9. Registration
    1. Each user hereby guarantees that he/she has the explicit consent from their respective FSP’s to register on the system subject to the terms and conditions as set out in this document.
    2. Users hereby further agree that they will not share their unique user names and/or password with any other person and that they will keep their passwords a secret. The users acknowledge that they take full responsibility for keeping their login credentials confidential.
    3. Neither Allegiance or Sanlam Life shall be held liable for data privacy that has been compromised due to user credentials that has been leaked by the user, or made know by the user, or was obtained from a user, irrespective how the credentials were obtained from a user.
  10. Introduction
    1. The usage of the site pre-supposes the following very important information:
      1. that if the user has registered as a financial intermediary, that such user is registered at the Financial Services Board “FSB” and is licensed by the FSB in the applicable and relevant Financial Advisory and Intermediary Services Act “FAIS” categories;
      2. that the user is authorised to give financial advice and/or render intermediary services as defined in FAIS;
      3. that the users’ license issued in terms of FAIS legislation, is active and covers the realm of financial advice or services to businesses and private individuals;
      4. that the user has proper knowledge of financial planning, business assurance, and personal financial planning.
    2. The registered user hereby warrants that the assumptions listed in 10.1.1. to 10.1.4. above is factually correct. Sanlam Life will not verify the information unless called upon to do so.
  11. Financial planning reports
    1. The system generates reports based on information provided by the intermediary. Although care has been taken that the calculations on which the reports are based are correct, neither Allegiance or Sanlam Life can take responsibility for the correctness of the information provided to Allegiance in the form of a paper questionnaire or information entered by the user using the site directly. The USER IS EXPECTED TO VERIFY THE INFORMATION AFTER EACH REPORT HAS BEEN GENERATED FOR CORRECTNESS. ALLEGIANCE AND/OR SANLAM LIFE CANNOT AND WILL NOT TAKE RESPONSIBILITY FOR INCORRECT INFORMATION BEING USED TO GENERATE REPORTS.
    2. Each user is responsible for clarifying the validity of the information that was fed into the system.
  12. User participation in communication
    1. Neither ALLEGIANCE OR SANLAM LIFE shall review any communication and material posted to or created by users accessing the Site and is not in any manner responsible for the content of such communication and material. The user acknowledges that by providing you with the ability to view and distribute user generated content on the Site, ALLEGIANCE and or SANLAM LIFE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or accepting any liability relating to any contents or activities on the Site.
    2. SANLAM LIFE reserves the right to block or remove any communication or material that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to SANLAM LIFE at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Sanlam Life in accordance with Sanlam LIFE Privacy Statement.
  13. Communication compliance
    1. The user specifically confirms and guarantees that all communication initialized from the data on the site will be strictly subject to Electronic Communications and Transactions Act (Act 25 of 2002).
    2. Under no circumstances may users send out unsolicited communication to clients entered into the system, unless clients have explicitly agreed to the said communication.
  14. Third-party links
    1. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with SANLAM LIFE, SANLAM LIFE has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SANLAM LIFE. SANLAM LIFE has no responsibility nor accepts any liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that SANLAM LIFE sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, SANLAM LIFE seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites should you have any concerns regarding such links or the content located on such External Sites.
  15. Disclaimer
    1. Sanlam Life and Allegiance make no warranties or representations regarding the accuracy or completeness of this Site's content or the content of any site or External Sites, including any reports generated by using this site.
  16. Indemnification
    1. A user and related FSP agree to indemnify, defend, and hold harmless SANLAM LIFE, ALLEGIANCE, any member of the Sanlam Group, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs (whether direct, indirect, special or consequential), including reasonable attorneys' fees, resulting from any failure to adhere to these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
    2. Sanlam Life and/or Allegiance and/or any member of the Sanlam Group will not be responsible for
      1. 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 your negligent use of, or reliance upon, any content displayed on this website, by you.
      2. Any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.
      3. Any loss incurred or damages suffered (whether direct, indirect, special or consequential) to you or any third party that may be attributable to your reliance upon any reports generated.
      With regard to Independent Financial Services Providers or their representatives, you hereby indemnify Sanlam Life, any member of the Sanlam Group and Allegiance against all direct and indirect, general and special loss/damages, including consequential loss/damages suffered by Sanlam Life or any other third party in the event that Sanlam Life and/or Allegiance is held liable, either directly or by way of joint and several liability for any loss or harm suffered by any data subject/member/3rd party, or if Sanlam Life and or Allegiance itself suffers any loss or harm, as a result of any matter arising out of or in connection with or as a result of a breach of one or more of your obligations in respect of the protection of personal information.
  17. Breaches
    1. Sanlam Life reserves the right to
      1. Refuse the user further access to the 123 of Business website if (a) you breach any of the terms of use applicable from time to time; (b) Sanlam Life is unable to verify or authenticate any information you provide to it; (c) Sanlam Life believes you are conducting activities that are illegal, abusive, threaten the integrity of the website, or may place Sanlam in disrepute.
      2. Refer any breach to the police if such breach constitutes a crime.
      3. Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of, in connection with or arising out of your breach.
      4. Institute disciplinary action against the user if the applicable user is a Sanlam Life employee.
      5. Initiate, where applicable, debarment proceedings against the user.
      6. Proceed against you by way of civil action for any loss, damages, expenses and the like suffered by Sanlam or any third party.
      7. At any time to monitor your access to and use of the 123 of Business Website
  18. Jurisdiction and applicable law
    1. Your use of the 123 of Business website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the Western Cape High Court, Cape Town.
    2. Any matter arising out of this document, including any claim arising from the use or inability to use the website is subject to and will be governed by 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.
    3. 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.
  19. Arbitration
    1. In the event of any dispute or difference arising amongst the Parties with regard to the interpretation, implementation or enforcement of this Agreement, or as to whether or not these terms and conditions (“this document”) has been terminated or is void or voidable and/or any other difference or dispute relating to or arising from this document or the enforcement thereof, then such dispute or difference will (unless interim and/or urgent relief is sought from a court of competent jurisdiction) be referred to arbitration.
    2. The arbitrator, in the absence of agreement between the Parties, shall be appointed (from the nominees of the Parties) by the Arbitration Foundation of South Africa ("AFSA") provided that the arbitrator shall be, if the question in issue is:
      1. primarily an accounting matter, an independent practising accountant of not less than 10 (ten) years' standing;
      2. primarily a legal matter, a practising senior counsel or attorney of not less than 10 (ten) years' standing;
      3. any other matter, a suitably qualified independent person.
    3. The arbitration shall be conducted under and in accordance with the Rules of AFSA.
    4. Notwithstanding anything to the contrary contained in this document or stipulated by AFSA, the arbitration will be held in Sandton with a view to achieving an expeditious result. Furthermore, the arbitration will be conducted in camera, the Parties and the participants in the arbitration being obliged to maintain the utmost confidentiality with regard to all matters relating thereto or arising there from, save as may otherwise be expressly and peremptorily required by law.
    5. The provisions of this clause:
      1. constitute an irrevocable consent by the Parties to any of the proceedings contemplated therein and none of the Parties shall be entitled to withdraw from the provisions of this clause or claim under any such proceedings that it is not bound by the provisions of this clause or subject to such proceedings;
      2. are severable from the remainder of this document and shall remain of full force and effect, notwithstanding any termination, cancellation, invalidity or alleged invalidity of this document for any reason whatsoever;
      3. the receipt by any Party of a notice calling for arbitration in terms of this clause shall constitute the service of a process for the purposes of interruption of prescription in terms of section 15 of the Prescription Act No 68 of 1969.
    6. Notwithstanding anything to the contrary contained in this clause, Sanlam and/or Allegiance shall be entitled to approach a court of competent jurisdiction to make the arbitrator's award an order of court.