Private Label Account Terms and Conditions 26 September, 2018
The entity that is identified in your pre-agreement statement and quotation as being the credit provider is referred to as “we/us”” below
The person cited on the card and who is the holder of the card account
Grant of a credit facility
1.1 Your application for a credit facility is subject to our credit assessment, approval criteria and conditions being satisfied. We have the discretion based on these criteria to decline or approve your application or we may offer you a different plan from the plan you selected on your application. We reserve the right to grant or refuse to grant you credit from time to time.
1.2. You agree to accept the credit facility we offer in the quotation. The quotation forms part of this agreement once we have accepted your application and you have signed and accepted the quotation.
1.3 We agree to grant the credit facility to you on the terms and conditions of this agreement.
1.4 We also agree to issue your card to you, which you can use on the terms and conditions of this agreement.
2 Cost of credit and payment plan
2.1. The quotation sets out the total cost of the credit facility and it is important for you to note that:
2.1.1. the credit limit reflected in the quotation is the maximum amount made available to you under this revolving credit facility at this time;
2.1.2. each instalment reflects the minimum amount of each instalment required in terms of our agreement with you, on the assumption that you use the total credit limit on the first (1st) day of this agreement;
2.1.3. the total of all instalments is calculated based on the assumption that you will have repaid this credit facility within the period indicated in the quotation.
2.2. We will give or send you a card that will be used for purchases utilising your agreed credit limit and within your agreed payment plan.
2.3. You may use your card to make purchases of goods and services on the various payment plans available and applicable to such purchases subject to the terms and conditions of this agreement.
3 Contact details
3.1 Please take note of the following contact details:
3.1.1 Contact centre: Edgars 0860 112 442/Jet 0860 113 639;
3.1.2 Reporting of a lost/stolen card: Edgars 0860 112 442/Jet 0860 113 639;
3.1.3 National Credit Regulator: 0860 627 627 or 0860 NCR NCR;
3.1.4 National Consumer Tribunal: 012 683 8140;
3.1.5. Banking Ombudsman 0860 800 900 (only if we are a bank); and
3.1.6 Credit bureau(s): ITC Transunion 0861 482 482; XDS 011 645 9100 and Experian 0861 10 56 65.
4 How to interpret this agreement
4.1 In this agreement, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:
4.1.1 Agreement means this document, including the application, pre-agreement statement and quotation, and all written notices we send to you in accordance with the NCA from time to time.
4.1.2 Application means your application for the card and credit facility which preceded this agreement.
4.1.3 Business day means any day which is not a Saturday, Sunday or South African public holiday.
4.1.4 Card means the card and secondary card(s) that we issue to you and secondary cardholder(s) (as the case may be) on the terms and conditions of this agreement.
4.1.5 Card account means the account opened in your name in our books and linked to your card and to cards issued to secondary cardholders.
4.1.6 Chargeback means a transaction that is reversed because you have successfully disputed the transaction.
4.1.7 Credit facility means the revolving credit facility we offer to you on the terms and conditions of this agreement.
4.1.8 Credit limit means the maximum amount made available to you in terms of this credit facility (being the credit limit specified in the quotation) or any changes to this limit from time to time.
4.1.9 Credit Provider means the entity reflected as such on your Pre-agreement statement and quote
4.1.10 Deferred amount at any time means the amount we calculate in terms of clause 9 at that time.
4.1.11 Initiation fee means the fee we may charge you when you sign this agreement to cover our costs at the start of this agreement if not paid upfront.
4.1.12 NCA means the National Credit Act 34 of 2005 and its regulations, as amended or replaced from time to time.
4.1.13 Principal debt means the amount of the principal debt referred to in the quotation.
4.1.14 Quotation means the pre-agreement statement and quotation which is attached to this agreement.
4.1.15 Reference rate means the repurchase rate charged by the SA Reserve Bank, from time to time.
4.1.16 Secondary cardholder means any person to whom we issue a secondary card in accordance with your instructions contained in the application.
4.1.17 Service fee means the fee we may charge you on a monthly or other regular basis to cover our costs of administering this agreement.
4.1.18 Supplier means the person from whom you purchase goods and services using your card.
4.1.19 VAT means value-added tax payable under the Value Added Tax Act 89 of 1991.4.2 Reference to:
4.2.1 one gender includes the other gender;
4.2.2 the singular form of a word includes the plural;
4.2.3 the plural form of a word includes the singular;
4.2.4 a law or regulation is a reference to that law or regulation on the date you sign this agreement.
4.3 In the event of a conflict between the provisions of the quotation and those of this document, the provisions of the quotation apply.
4.4 This agreement is subject to the NCA and all other applicable legislation from time to time. If any provision of this agreement conflicts with any provisions of the NCA, the provisions of the NCA apply.
4.5 Where we are required to exercise discretion under this agreement, we will exercise our discretion in a reasonable manner.
5 Principal debt
5.1 You understand that:
5.1.1 every purchase of goods and services you have authorised on your card account will form part of the principal debt on which we will charge you interest; and
5.1.2 you must pay all amounts debited to the card account in terms of this agreement together with interest thereon to us in the manner set out in this agreement.
6 Validity of your card
6.1 You must sign your card using a ballpoint pen on the signature panel (being the space provided for signature on the reverse side of the card) as soon as you receive your card.
6.2 Only you can use your card. You cannot transfer your card to any other person or allow/authorise any other person to use your card.
7 Use of your card
7.1 When you use your card to purchase goods and services, you must sign a sales voucher.
7.2 We may debit your card account with all transactions presented to us unless it can be proved that you did not authorise the supplier to process the card transaction concerned.
8.1 Agreed rate
8.1. Your card account has a variable interest rate, meaning that the agreed interest rate applicable to the payment plan on your card account facility will vary from time to time directly in accordance with changes in the applicable reference rate.
8.1.2. Within 30 business days after any such variation takes effect, we will inform you in writing of the variation.
8.1.3. Unless the agreed interest rate is reduced in the manner described below, interest will be charged on the payment plan applicable to your credit facility at the maximum rate applicable from time to time in terms of the NCA, or any re-enactment or replacement thereof and disclosed in your statement.
8.1.4 Interest is calculated on a daily basis on the daily closing balance of your card account. The daily interest so determined is aggregated for the period between the dates of the previous and current billings and added to the balance owing by you in terms of the credit facility on the date of current billing.
8.2 Reference rate
8.2.1. In respect of transactions on your card account, we have selected the maximum interest rate prescribed by the NCA for credit facilities as the rate for purposes of determining the agreed interest rate applicable to your card account. The reference rate is the repurchase rate charged by the South African Reserve Bank from time to time.
8.3. Default interest
8.3.1 Interest is calculated on the daily balance owing on your card account from time to time. You can minimise the amount of interest charged to your credit facility by making your total payment due (i.e. the monthly instalment) in full by the payment date as specified on your statement.
8.3.2 If you do not make such payment by such due date, default interest will be charged in accordance with the NCA and your card account will be in arrears and you will therefore be in default of this agreement. The interest rate applicable while you are in default of, or have overdue payments under, this agreement be will the maximum interest rate that is prescribed in the NCA.
8.4. Discounted interest
8.4.1 Interest may be discounted (i.e. reduced) on your credit facility at our discretion or if you are on a discounted interest payment plan. The waiving of interest is solely at our discretion and should you not pay the amount due, or pay a lesser amount than the amount due, to us by the payment due date, we reserve the right to terminate the discounted interest rate and in future to continue charging you interest on your card account in accordance with the preceding provision of clause 8 (and not this clause 8.4) despite the card account being brought up to date and it being a plan in terms of which interest is ordinarily discounted.
8.4.2 However, should you not pay the amount due, or pay a lesser amount than the amount due, to us by the payment due date, interest will be charged as stipulated in clause 8.3.2.
9 How we calculate the deferred amount
9.1 The deferred amount is the amount that you owe us under this agreement at any point in time and which you must repay to us. Interest is calculated on the deferred amount. The deferred amount may include the:
9.1.1 credit advanced;
9.1.3 fees and charges as set out in the quotation;
9.1.4 default administration charges (if relevant to this agreement); and
9.1.5 collection costs (if relevant to this agreement).
9.2 The deferred amount will be reduced by all amounts you pay to us to settle the principal debt or which we credit to your card account.
10 Credit limit
10.1 You cannot buy any goods and services with your card if to do so means that you will exceed the credit limit.
10.2 You are responsible for managing your purchases within the credit limit.
10.3 If we accept a transaction that results in you exceeding the credit limit, it does not mean that we have extended or increased the credit limit on any permanent basis, but rather that we have allowed a temporary excess by way of indulgence only, at your special instance and request. You are obliged to immediately bring your card account in line with the agreed credit limit. You will be liable for payment of the full amount by which you exceed the credit limit.
11 Changes to the amount of the credit limit
11.1 You may at any time, by written notice to us, instruct us to reduce the credit limit in force that you will accept.
11.2 We may, by written notice to you, reduce the credit limit then in force. The reduction will be effective upon delivery of the written notice.
11.3 We may increase the credit limit only in accordance with your instructions and in accordance with the NCA.
12 Payment to suppliers
If we are not the suppliers of the goods or services purchased on your card account:
12.1 We have the right to pay suppliers the amount appearing on the voucher concerned, when the voucher is presented to us for payment and to debit your card account with the amount of these payments.
12.2 We will credit your card account with the amount of a credit voucher when we receive a credit voucher from the supplier for goods and services you purchased using your card.
13 Disputes with suppliers
If we are not the suppliers of the goods or services purchased on your card account:
13.1 Unless we acted with gross negligence or fraudulent intent or in breach of this agreement, we will not be liable for any damages, costs, expenses or losses which you may suffer or incur as a result of, arising from, or in connection with:
13.1.1 any supplier’s refusal to accept your card as payment;
13.1.2 any defective goods and services you bought from any supplier using your card; and
13.1.3 any failure or malfunction of, or delay caused by any electronic terminal, or its supporting network, where the cause of this failure, malfunction or delay was not within our reasonable control, and you will not have the right to claim anything from us or institute any counterclaim against us or to apply set off against us on this basis.
13.2 No dispute between a supplier and you will give you the right to:
13.2.1 refuse to repay us for any payment we made to the supplier for goods and services you bought from the supplier using your card;
13.2.2 instruct us to refuse to pay the supplier for the goods and services you bought from the supplier using your card; or
13.2.3 instruct us to do a chargeback of a payment already made to the supplier for the goods and services you bought from the supplier using your card.
13.3 Unless we acted with gross negligence or fraudulent intent, we will also not be liable for any damages, costs, expenses or loss which you may suffer or incur as a result of, arising from, or in connection with any fraudulent or otherwise unlawful or unauthorised use of your card by any other person (unless you reported the card as lost or stolen in the manner described in clause 21).
13.4. We do not act as the agent of any supplier, nor do we endorse the quality of any supplier’s goods or any services offered by a service provider. Therefore, unless we acted with gross negligence or fraudulent intent or in breach of this agreement, we will not be responsible to pay for any damages, costs, expenses or losses which you may suffer or incur as a result of, arising from, or in connection with any goods or services you bought from any supplier using your card.
14 Cellphone, cellular accessories and other special category purchases
14.1 Purchases of cell phones and other selected items on your card account within 6 (six) months of opening and transacting on an card account will potentially be subject to a special authorisation being obtained from our authorisations department, prior to a conclusion of the purchase.
14.2 To the extent permitted by law, whilst there is still any amount owing in respect of any cellphone(s) purchased on your card account, the cellphone(s) may on our instructions to the service provider be disconnected should the payment due on your card account not be made by the applicable payment due date.
14.3. Once outstanding payments have been made in full, the cellphone(s) purchased on your card account can be reconnected at your request and subject to the payment by yourself of any reconnection fee that may be charged by the service provider.
14.4 We reserve the right to review or change the policy regarding cellphones, cellular accessories and other special category purchases with notification in terms of the NCA.
15.1 You must repay the principal debt together with interest, charges and fees calculated in accordance with this agreement including the quotation). You must pay at least the minimum amount shown as payable on the statements we send you from time to time, by the due date reflected in these statements, without deduction or set off and you acknowledge that you will not be entitled to attach any condition to any payment made to us, even if you do not receive a statement.
15.2 You must make all your repayments in South African rand.
15.3 You may decide what method to use to make your payments, as long as we agree to this method and you make sure that we receive the payments on the dates on which they are due under this agreement. The fact that you choose the method does not in any way take away any part of your obligations under this agreement and any payment will only be properly made when we receive and process the payment.
16 You may pay amounts before they become due
16.1 You may prepay any amount you owe us under this agreement. We will credit each payment you make on the date we receive the payment. We will apply the payments as follows:
16.1.1 first to pay any interest that is due by you;
16.1.2 second to pay any fees or charges that are due;
16.1.3 third to reduce the amount of the principal debt that you still owe us.
16.1.4 No interest will accrue or be payable by us to you in respect of any amounts prepaid by you or otherwise standing to the credit of your card account.
17.1 We may change the service fees specified in the quotation by giving written notice to you, on condition that the service fees will not exceed the maximum amount which may be allowed under the NCA for this purpose.
17.2 The monthly service fee, where applicable, must be included in your monthly repayments.
17.3 We may charge the initiation fee specified in the quotation, on condition that the initiation fee will not exceed the maximum amount which may be prescribed in terms of the NCA for this purpose from time to time. The initiation fee will be included on your first statement unless paid upfront.
18 Set off
You will not be entitled to deduct any amount which we owe or may in the future owe to you from any amount which you owe or may in the future owe to us under this agreement.
19 It is your responsibility to check your statements
19.1 We will deliver a statement to you each month which will, among other things:
19.1.1 show all transactions relating to your card account;
19.1.2 show all interest and other charges debited or credited by us to your card account; and
19.1.3 inform you of the amount which you must pay us on or before the due date stated on the statement.
19.2 The fact that you do not receive a statement in any particular month, does not free you from your obligations to pay any amount due to us under this agreement, as you can get information about your card account from us telephonically or electronically at any time.
19.3 We will deliver statements to you in the manner as agreed in the application.
19.4. Should you have a query regarding the correctness of your statement of card account or dispute regarding any merchandise purchase or other transactions reflected on it, you must notify us within a reasonable time, otherwise it will be deemed that your statement of card account is correct
19.5 Should you not receive your statement, you must bring this to our attention.
20 Your responsibility for your card
20.1 You are responsible for the safe keeping and proper use of your card and card account. You must ensure that no other person uses your card.
21 Your duty when your card is lost, stolen or misused
21.1 If you have reason to think that:
21.1.1 you have lost your card; or
21.1.2 your card has been stolen or misused or used by any other person without authority; you must notify us immediately by phoning us on the all hours telephone numbers in clause 3.1.2 and on your monthly statement.
21.2 You must get a code from us confirming the report and send us written confirmation of this telephonic notice you gave us, referring to the code we gave you, not later than 7 (seven) days after you phoned us.
21.3. We will not hold you liable for any unauthorised purchases made after you have notified us that your card has been lost, stolen or misused, unless your signature or electronic PIN has been used to authorise such and appears on the invoice or other proof of purchase or we can establish that you authorised or were responsible for the purchase.
21.4 A lost-card replacement card charge may be charged against your card account to cover the cost of replacing the card.
22 Secondary cards
22.1 If you request us to issue a card to a secondary cardholder and to link this card to your card account, we may do so in our discretion. All the terms and conditions of this agreement will apply to the secondary cardholder.
22.2 You will be responsible for all transactions concluded by each secondary cardholder and for any amount owing to us by the secondary cardholder.
22.3 Issuing secondary cards is an additional service we offer to you and you alone are responsible for all cost and charges.
22.4 We will cancel the secondary card if you ask us to do so in writing. In this event, you must make sure that the secondary card is destroyed. If the secondary card is not destroyed, it can be used to conclude further transactions and you will remain responsible for these transactions.
23 Screening of applications, instructions and transactions
23.1 We disclose to you that, in the event that the entity providing you with credit is part of a global financial institution, we comply and will in future comply with international and local anti-money laundering, counter terrorist financing, financial sanctions and prohibited business activity laws, regulations, policies and requirements (“laws”). Accordingly, we may initially screen, verify and process all new applications for credit and all related information, including your application and the information you provide to us.
23.2 If we accept your application, we will continue to monitor all information and instructions which you give us or which are delivered to us on your behalf from time to time, as well as all transactions which you or anyone else concludes using your card. We will also continuously monitor our business relationship with you.
23.3 This may result in your instructions to us and your card transactions being prohibited, limited or delayed. This may even result in your card transactions being declined or our business relationship with you terminating. To the extent permitted, we will let you know of any action we intend to take in compliance with these laws.
23.4 You acknowledge, confirm and agree that neither we nor any other member of our group of companies (which, for the purposes hereof, means a holding company and all of its subsidiaries), our respective affiliates, employees, officers or directors, shall be liable for any loss, costs, expenses or damages of whatever nature (whether direct, indirect, consequential or other), which you may suffer or incur as a result of, arising from, or in connection with any steps we take or do not take to comply with our obligations under these laws.
24 Process to follow if you have a complaint
24.1 If you want to complain that we are not complying with the NCA, you may without derogating from any other rights you may have write to:
24.1.1 the National Credit Regulator;
24.1.2 the Banking Ombud; and
24.1.3 the National Consumer Tribunal.
25 Debt counsellor
25.1 If it is difficult for you to pay any of your monthly repayments to us, contact us right away.
25.2 You have the right to apply to a debt counsellor who will consider your application to determine whether you are over-indebted (this means that you have more debts than you are able to pay) or if you were granted credit recklessly. You should inform us of such application.
26 You may cancel this agreement at any time
26.1 To cancel this agreement, contact us to find out the amounts you still owe us. You can ask to cancel this agreement immediately or at a future settlement date. We will advise you of the total amount you owe us on the settlement date, which includes all of the following amounts as at the settlement date:
26.1.1 the unpaid balance of the principal debt;
26.1.2 interest you owe on the principal debt; and
26.1.3 the fees and charges you owe us.
26.2 Payment of all amounts owing by you on the settlement date must be paid in full on the settlement date.
27 Marketing and Information Sharing
27.1 If, in the future, you do not want us to market directly to you, you can change it by:
- contacting our call centre
- registering a block on any register which we legally must recognise.
27.2 We will not charge you a fee to change your consent.
27.3 If you change your marketing choice, we will make these changes as soon as possible.
27.4 Upon receipt of your notification, it may take up to 30 days for us to remove your information from our marketing channels.
27.5 You acknowledge that the Credit Provider shall be entitled to share your personal information with its business associates for marketing and other purposes (including, without limitation, the processing of transactions, acceptance of payments and/or administration of your elections in respect of marketing made on the application or in terms of any credit agreement that comes into place between yourself and the credit provider.
27.6 You agree that the Credit Provider and its business associates may obtain personal information about you from all or any credit bureaus and/or registers which contain such information.
28 Cancellation of your card, suspension or cancellation of the credit facility
28.1 The card will always remain our property.
28.2 Without us losing any right to any claim which we may have against you, we will have the right to:
28.2.1 suspend the card at any time if you are in default under this agreement; and
28.2.2 demand the return of the card, cancel or repeal the card in the event that the credit facility is closed in terms of clause 28.3.
28.3 We may:
28.3.1 suspend the credit facility at any time if you are in default under this agreement; and
28.3.2 close the credit facility by giving you written notice to that effect at least 10 (ten) business days before the credit facility will be closed.
28.4 If the credit facility has been suspended or cancelled in terms of clause 28.3 or if you die:
28.4.1 the card may no longer be used for any purpose; and
28.4.2 we may notify any supplier or any person who we think should know of the cancellation without incurring any liability.
28.5 Notwithstanding the provisions of clause 28.3, this agreement will remain in effect until you have repaid all amounts charged to your card account.
29 When you will be in default under this agreement
29.1 You will be in default under this agreement if:
29.1.1 you do not pay any amount payable to us under this agreement on the due date; or
29.1.2 you breach any of the terms and conditions of this agreement;
29.1.3 any representation or warranty made in connection with this agreement or any other documents supplied by you is materially incorrect or false (where a warranty refers to an express confirmation on your part that something is or will be as you have represented to us or promised us that it will be);
29.2 you, being an individual:
29.2.1 publish notice of the voluntary surrender of your estate or die;
29.2.2 are placed under administration or commit an act of insolvency as defined in the Insolvency Act 24 of 1936;
29.2.3 have any application or other proceedings brought against or in respect of you to have you sequestrated or placed under curatorship, in any event whether in a manner which is provisional or final, voluntary or compulsory.
30 Our rights if you are in default
30.1 If you are in default, we may:
30.1.1 give you written notice of such default and may propose that you refer this agreement to a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction, with the intention that the parties resolve any dispute under this agreement or develop and agree on a plan to bring repayments up to date;
30.1.2 commence legal proceedings to enforce this agreement, and, if applicable, recover collection costs and default administration charges (if the default is in respect of a payment obligation) if:
184.108.40.206 we have given you notice as referred to in clause 30.1.1 above or we have given notice to end any debt review process under section 86 of the NCA which may then be underway in respect of this agreement; and
220.127.116.11 you have been in default under this agreement for at least 20 (twenty) business days; and
18.104.22.168 at least 10 (ten) business days have elapsed since we delivered the notice contemplated in clause 30.1.1; and
22.214.171.124 in the case of a notice in terms of clause 30.1.1, you:
126.96.36.199.1 have not responded to that notice; or
188.8.131.52.2 have responded to the notice by rejecting our proposal.
31 You must pay a default administration fee for letters of demand
We will charge you a fee each time you miss one or more payments and we have to write a letter to you to advise you of your default. This fee is called a default administration fee. It is the same amount as the fee that must be paid for a registered letter of demand for undefended action under the Magistrates’ Courts Act, 1944. It also includes the costs we incur in delivering the letter to you.
32 You must pay collection costs if we bring legal proceedings
32.1 If we bring legal proceedings against you to enforce payment of amounts you owe us, you are liable to pay all costs we incur in collecting the payment. The costs are determined by various laws, including:
32.1.1 the Supreme Court Act, 1959
32.1.2 the Magistrates’ Courts Act, 1944
32.1.3 the Attorneys Act, 1979
32.1.4 the Debt Collector’s Act, 1998.
32.2 The collection costs exclude the default administration fee.
33 Governing law and jurisdiction
This agreement is in all respects governed by the laws of the Republic of South Africa. You agree that we may bring legal proceedings against you relating to this agreement in any Magistrate’s Court that has the authority to hear and decide on the case. (This authority is called jurisdiction.)
34 Changes to the terms and conditions of this agreement
34.1 Unless prohibited by the NCA or any other law, and subject to what may be permissible in law, we may at any time amend the terms and conditions of this agreement by giving you notice of such amendments in writing. The use of the card after the effective date of these amendments constitutes your acceptance of the amendments.
34.2 If you are dissatisfied with the amendment you may end the agreement. You will remain responsible to pay all amounts charged to your card account until final settlement of the card account.
34.3 Unless this agreement or any provision of the NCA provides otherwise, we will give you at least 5 (five) business days’ written notice of a change of this agreement and will set out particulars of such change in such notice.
A certificate signed by one of our managers is sufficient evidence of any amount that you owe and that is due to us under this agreement. Unless you can prove the contrary, we may use this certificate to obtain provisional sentence, default judgment or summary judgment or to commence with any other legal proceedings. You agree that we do not have to prove the appointment of the manager who signs the certificate.
36 We do not lose our rights
We do not lose any of our rights under this agreement if we do not immediately and in every instance insist on them. You may not raise it as a defence if we have a right that we did not enforce at the relevant time. For example, if we allow you extra time to pay your monthly payments in one month, it does not mean we have allowed you extra time the next or any other month.
37 Transferring rights or obligations
37.1 You may not transfer any of your rights or obligations under this agreement to anyone else without our prior written permission.
37.2 We may transfer all or some of our rights and obligations under this agreement to any other person. We do not have to inform you or get your permission to transfer our rights and obligations. If this clause applies, then “we”, where used in this agreement, will include the person to whom we have transferred any of our rights or obligations in terms of this clause.
38 Each clause is separate
38.1 The parties acknowledge that each clause of this agreement is separate. If any clause of this agreement is or becomes illegal, invalid or unenforceable for any reason, it must be treated as if it had not been included in this agreement. This does not:
38.1.1 make the rest of the agreement illegal, invalid or unenforceable; or
38.1.2 affect the legality, validity or enforceability of any other clause or this agreement as a whole.
39 We are allowed to give information to credit bureaus
39.1 You understand that we are allowed to give to one or more credit bureaus:
39.1.1 information about this agreement;
39.1.2 information about your card account with us; and
39.1.3 details of your default if you do not comply with any of the terms of this agreement.
39.2 The credit bureaus provides a credit profile and credit score on your credit worthiness subject to all the records.
39.3. You have the right to contact the credit bureaus and view their records on you. You also have the right to correct any information that is not correct.
40 Delivery of goods, start of services and delays affecting services
40.1 We will be able to start with our services relating to your card account once we have approved your application and you have complied with any further conditions imposed by law.
40.2 The card will be delivered to you at any one of the branches of Edcon Limited, which shall be acting as our agent, in this regard.
40.3 You acknowledge that our services may be unavailable due to interruptions to our electronic communications network or power outages which are not within our control. We give you notice under this clause 40 of these unavoidable interruptions and delays in providing the services and will give you notice if scheduled maintenance will cause an interruption or delay in the provision of services.
41 Your chosen address
41.1 You choose the physical address in South Africa stated in your application as the address where we may serve any legal process and may execute on any judgment we obtain against you (this address is known in law as your domicilium citandi et executandi).
41.2 The postal address, fax number and/or email address given by you on the application form is the address to which we shall send any notices (including letters reminding you of any payments due to us under this agreement which you may have missed), correspondence, statements and other documents addressed to you.
41.3 If you want to change any of these addresses, you must give us notice to this effect which notice must:
41.3.1 tell us that you are changing your address; and
41.3.2 set out the new address which you agree will be used for this purpose. The new domicillium address must be a physical address in the Republic of South Africa.
41.4 If you change your address but do not notify us, you agree that we have the right to send notices to you and serve legal processes at your last address known to us or any other address you have given us proper notice of.
41.5 If we send a notice to you:
41.5.1 by prepaid registered post to your chosen address, we will presume that you received it 7 (seven) days after we posted it;
41.5.2 by hand to your chosen address, we are entitled to presume that you received it on the date on which we delivered it to you or to any person apparently not less than 16 years of age;
41.5.3 by fax to your chosen fax number, we are entitled to presume that you received it at the time of the transmission.
41.6 When we presume that you have received a notice by a certain date, this means we do not have to prove that you did receive it then. If you claim that you did not receive the notice by that date then you will have to prove it.
41.7 If you have actually received a written notice or communication from us, even if it was not sent to or delivered at your chosen address, fax number, postal address or e-mail address, it will still be a valid notice.
42 Credit Life:
42.1. Credit life insurance benefits apply only when the card account payments are up to date at the time of calamity (insurance claims).
42.2. As from the inception date of us making this a pre-condition to the opening of a new card account, you are required to enter into a credit life insurance agreement with an insurer of your choice in terms of which you are insured against death, temporary and permanent functional or occupational disability and retrenchment or loss of income where the benefits applicable are dependent on your employment status at the time of account opening. We must be nominated as the loss payee under that credit life policy. You may be offered a credit life insurance policy (the Card account Protection Plan) which is underwritten by Hollard Life.
42.3. Should you reject the Card account Protection Plan that is proposed to you, you must substitute it with a policy of your choice provided that such policy complies with the National Credit Act. In such an instance, you undertake to pay the monthly premiums of that credit life policy to the insurer and hereby cede that credit life insurance policy to us in order to secure your indebtedness in terms of this agreement.
42.4. If you decide to take up the Card account Protection Plan offered by Hollard , you hereby authorise us to pay the insurance premiums in respect of the aforesaid proposed Card account Protection Plan credit life policy on your behalf and to recover such amounts so paid from you against your Card account.
42.5. We reserve the right to suspend or cancel payment of credit life insurance premiums if your card account payments are in arrears.
42.6. Copies of the Master Policy in respect of the Card account Protection Plan are available on request. We will send to you the terms and conditions of the Card account Protection Plan within 30 (thirty) days of enrolment. We inform you of the exclusions and limitations of the terms and conditions of such credit life policy (ies).
42.7. If at any time we propose the purchase of a particular credit life policy to you, we will disclose to you, in writing, the cost of the credit life insurance policy for which you are liable, the premiums payable and additional fees, remuneration or benefits payable to us.
- This agreement is the entire agreement
This agreement is the only record of the agreement between the parties in regard to the subject matter of this agreement. Unless a court holds otherwise, no party is legally obliged to comply with any term, condition or undertaking not recorded in this agreement, and this agreement replaces any arrangement or understanding held by the parties before this agreement was signed.
44 General declarations
44.1 You understand the risks and costs of borrowing the principal debt from us.
44.2 You understand your rights and duties under this agreement.
44.3 You have received a copy of this agreement (including the quotation). You have been informed of the exclusions applicable to Card account Protection Plan.
44.4 You have the legal capacity (and where relevant, the authority) to enter into this agreement. This means in the context of this agreement that the law regards you as competent and qualified to enter into this agreement, considering, if you are an individual, factors such as your age, marital status and mental state.
44.5 We did not make you an offer that automatically results in an agreement if you do not decline it.
44.6 You confirm that entering into this agreement will not cause you to become over indebted as contemplated in the NCA.
44.7 You have fully and truthfully answered all and any request for information made of you by or on behalf of us leading up to the conditions of this agreement.
44.8 You have been given the option to be excluded from any telemarketing campaign which may be conducted by or on behalf of us, any marketing or customer list which may be sold or distributed by us, other than as required by the NCA, any mass distribution of e-mail or SMS message, as well as the option to decline a pre-approval credit limit increase relating to the facility.
45 You signed this agreement of your own free choice
45.1 You confirm that:
45.1.1 we did not make you sign this agreement or do anything during the negotiation and conclusion of this agreement that would be considered unconscionable or otherwise render this agreement unlawful;
45.1.2 if we have arranged credit life insurance policy (the Card account Protection Plan) for you, we have explained to you the terms and conditions of the credit life insurance policy (the Card account Protection Plan) required in this agreement;
45.1.3 there were no blank spaces on the application or this agreement (including the quotation) at the time when you signed each of these documents;
45.1.4 if the application and quotation started telephonically or electronically, we have confirmed that this agreement may be recorded and you have given us permission to do so. You have also given us permission to give you a copy of this agreement within a reasonable time;
45.1.5 you understand that we must report certain information about you and this agreement to the National Credit Register or a registered credit bureau; and
45.1.6 we did not ask you to sign any additional (supplementary) agreements or documents that are not referred to in the quotation.
46 Your statement about your financial status
46.1 By signing this agreement you confirm that:
46.1.1 you have checked the information we have about your personal, financial and card account details;
46.1.2 the information we have about your personal, financial and card account details is correct;
46.1.3 you have fully and truthfully given all information we have asked you for about this agreement and about your personal and financial circumstance (including your income and expenditure);
46.1.4 you have disclosed to us all other applications for credit which you have made to any other person, whether processed or not at the date when you signed the application;
46.1.5 you have not applied for an administration order and no administration order has been given against you;
46.1.6 you are not currently under debt counselling or subject to debt review;
46.1.7 you have not applied for and no order has been given against you for sequestration;
46.1.8 you have not entered into a compromise with any of your creditors or attempted to do so generally or defer payment of debts owing by you;
46.1.9 you understand that if any of these statements are not true, it may prevent you from exercising some or all of your rights.
47 You are aware of terms with specific legal consequences
47.1 When you sign this agreement or use the card you confirm both of the following:
47.1.1 You have read and understood all the terms and conditions in this document; and
47.1.2 You have also read and are aware of all the terms that are printed in bold.
Edcon Limited Registration number 2007/003525/06 (NCR No NCRCP82) and Absa Bank Limited Registration number 1986/004794/06 (NCR No NCRCP7) are registered credit providers.