In terms of section 11 of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and the common law of contract, these terms and conditions are valid, binding, and enforceable against all persons that access a TFG website or App, or use the service through a TFG website or App, or any part thereof.
If you do not agree to be bound by these terms and conditions, you must leave the TFG operated website(s) or Apps immediately as further use will automatically bind you to these terms and conditions.
Definitions and interpretation
The clause headings in this document have been inserted for convenience only and not for interpretation purposes.
Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
a) “Personal Information” means Personal Information as defined in the Protection of Personal Information Act 4 of 2013.
b) “Services” means any services available on or through the Website or App;
c) “TFG” means The Foschini Group Limited, registration number 1937/009504/06, and its subsidiaries and affiliated companies;
d) “Website” means any website owned and operated by TFG, including the content and Service(s) available on and through the websites and any page, part or element thereof;
e) “User” means any person who enters or uses the Website or App;
f) “App” refers to a mobile application which runs on a mobile phone, tablet, watch or other mobile device.
1. Disclaimer and limitation of liability
1.1 The Website or App User must use discretion before taking any action based on the information displayed on the Website or App.
1.2 TFG provides the Websites and Apps “as is” and it makes no warranty as to its use, availability or performance.
1.3 TFG (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
1.3.1 access to the Website or App;
1.3.2 access to and use of the Services;
1.3.3 access to websites linked to the Website;
1.3.4 inability to access the Website or use the Services;
1.3.5 inability to access websites linked to the Website;
1.3.6 content available on the Website; or
1.3.7 any other reason not directly related to TFG’s gross negligence.
1.4 The Websites and Apps have not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy him/herself, prior to entering into this agreement with TFG, that the content available from and through the Website or App meets the User's individual requirements and is compatible with the User's device, computer hardware and/or software.
1.5 Information, ideas and opinions expressed on the Websites and App should not be regarded as professional advice or the official opinion of TFG. Users are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website or App.
1.6 TFG does not make any warranties or representations that content and Services available from the Websites and Apps shall in all cases be true, correct or free from any errors. TFG shall take all reasonable steps to ensure the quality and accuracy of content available from the Websites and Apps.
1.7 TFG does not make any warranties or representations that the Websites and Apps shall be available at all times. Users acknowledge that the Websites and Apps may be unavailable due to updates or other causes beyond the reasonable control of TFG, including, but not limited to, virus infection, unauthorised access (hacking), power failure or other “acts of God.”
1.8 TFG reserves the right to hold a User liable for any losses suffered by TFG or its customers due to a cybercrime committed by the User on any of TFG’s Websites or Apps.
TFG consists of various retails brands and have stores in South Africa, the rest of Africa, United Kingdom, Australia and New Zealand.
3. Allowed use and licence
3.1 TFG licenses the User to view, download and print the content of the Websites and Apps provided that such use is for private, personal and/or educational purposes only.
3.2 Content from the Websites and Apps may not be used or exploited by Users for any commercial or non-private purposes without the prior written consent of TFG.
3.3 Users may only access and browse the Websites and Apps for legitimate personal purposes and may not use the Website for:
3.3.1 Harmful purposes;
3.3.2 Illegal purposes;
3.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, infringement of copyright, incorrect, untrue, prohibited or damaging to any person; and/or
3.3.4 The creation, storage and sending of unsolicited commercial communications.
3.4 The caching of the Websites and Apps shall only be allowed if:
3.4.1 The purpose of the caching is to make the onward transmission of the content from the Website and Apps more efficient;
3.4.2 The cached content is not modified in any manner whatsoever;
3.4.3 The cached content is updated at least every 12 (twelve) hours; and
3.4.4 The cached content is removed or updated when so required by TFG.
3.5 If any User uses content from the Websites or Apps in breach of the provisions detailed herein:
3.5.1 TFG reserves the right to claim damages from the User;
3.5.2 TFG reserves the right to institute criminal proceedings against the User; and
3.5.3 TFG shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of such content by the User or any third party who obtained any content from the User.
3.6 Hyperlinks to the Website from any other source shall be directed to the home page of the Website. Links beyond the TFG home page may only be used with TFG’s prior written consent.
3.7 Users may quote small and reasonable amounts of content available from the Websites and Apps and only if such a quote is placed in inverted commas and acknowledged.
3.8 No person may, without the prior written consent of TFG, frame the Websites or Apps in any manner whatsoever.
3.9 Apart from good faith search engine operators and use of the search facility provided on the Website or Apps by Users, no person may use or attempt to use any technology or other apps (including web crawlers, robots or web spiders) to search, collect or copy content from the Websites or Apps for any purpose whatsoever, without the prior written consent of TFG.
3.10 E-mail addresses, names, telephone numbers, and fax numbers published on the Website or Apps may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Websites or Apps may be used to communicate unsolicited communications to TFG and all rights detailed in section 45 of the ECT Act are reserved.
3.11 All licences and/or permissions granted in terms of this clause 3 are provided on a non-exclusive and non-transferable basis and may be suspended or cancelled by TFG at any time without prior notice or reason.
4. Intellectual property rights
4.1 All licences and/or permissions granted in terms of this clause are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by TFG at any time without prior notice or reason.
4.2 All intellectual property on the Websites and Apps, including but not limited to content, trademarks (or any confusingly similar trademarks), trade names, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to TFG and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on the Websites and Apps are expressly reserved.
4.3 No person shall amend, copy, use, decompile and/or reverse engineer the source code of the Websites or Apps.
4.4 No person may use logos, icons, photos, pictures, graphics or trademarks and the like from the Websites or Apps as hyperlinks or for other purposes without TFG’s prior written consent.
5. Software and equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary devices, data, computer hardware, software, communication lines and internet access accounts required to access the internet, the Apps, the Website and/or download content from the Website or Apps.
6. Disclosures required by section 43 of the ECT act
Access to and use of the Website and App may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and TFG has, amongst others, the duty to disclose the following information:
· Full name and legal status: The Foschini Group Limited
· Registration number: 1937/009504/06
· Physical address: Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500, Cape Town, South Africa.
· Postal address: PO Box 6020, Parow East, 7501, Cape Town, South Africa
· Telephone number: +27 21 938 1911
· Website address: www.tfg.co.za
· E-mail address: firstname.lastname@example.org
· Membership of self-regulatory bodies: Direct Marketing Association of South Africa (DMA).
· Code of conduct: Direct Marketing Association Code of Conduct. The User may access their website and download the Code of Conduct.
· Physical address for receipt of legal service: Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500, Cape Town, South Africa (Attention: Legal Department).
· Directors: Refer to www.tfglimited.co.za for a full list of the TFG board of directors.
· Access to information: Refer to the TFG information manual which is available on the “Access to Information” link at the bottom of the Website.
· Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
i) access and use of the Website;
ii) the inability to access the Website;
iii) the Services and content available from the Website; or
iv) these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
7. Changes and amendments
TFG reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
7.1 change these terms and conditions;
7.2 change the content and/or Service available from the Websites and/or Apps;
7.3 discontinue any aspect of the Websites, Apps or Service(s) available from the Websites or Apps; and/or
7.4 change the software and hardware required to access and use the Websites and Apps;
7.5 to delete the Website and/or Apps.
Please refer to the Privacy Statement for information on how TFG processes Users’ Personal Information.
TFG owns and retains all rights to de-identified statistical information collected and compiled by TFG.
10. Hyperlinks to third party sites
10.1 TFG may provide hyperlinks to websites not controlled by TFG (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or Services of such target sites.
10.2 TFG does not editorially control the content, products and/or Services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use and inability to use or content available on or through target sites.
11.1 TFG shall take all reasonable technical and organizational steps to secure the content of the Websites and Apps and the Personal Information provided by and collected from Users, from unauthorised access and/or disclosure. However, TFG does not make any warranties or representations that content shall be entirely safe or secure.
11.2 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Websites, Apps or the server and computer network that support the Websites and/or App.
11.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Websites or Apps, whether on purpose or negligently, shall, without any limitation, indemnify and hold TFG harmless against any and all liabilities, damages, risks and losses that TFG and its business partners, customers or affiliates may suffer as a result of such delivery, attempt or damaging code.
11.4 Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and Services on the Websites or Apps and TFG reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
11.5 Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by TFG and its business partners, customers or affiliates due to or related to these illegal actions.
12. Removal and correction of content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Websites or Apps to TFG and TFG undertakes to correct and/or remove such content or any part thereof if the person reporting such content provides reasonable grounds to prove the alleged nature of the content.
13. Interception of communications
13.1 Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (“RICA”), the User agrees to TFG’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) sent or posted by the User to the Websites, Apps or TFG’s employees.
13.2 The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and RICA.
14. Entire agreement and severability
14.1 These terms and conditions constitute the entire agreement between TFG and the User with regard to the subject matter herein and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by TFG from the User.
14.2 Any failure by TFG to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. Agreement in terms of section 21 of the ECT act
The User and TFG agree that:
15.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters any of the Websites or accesses or downloads any of the Apps for the first time;
15.2 the User agrees and warrants that data messages (e.g. sms and email) that are sent to TFG from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally;
15.3 electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and TFG; and
15.4 when the User sends an email or message through the Websites or Apps to TFG, it is deemed to have been received when TFG replies to the message. An auto-response from a Website or App is not regarded as a reply;
15.5 when TFG sends an email to the User, it is deemed to have been received when the User is capable of downloading the email.
16. Applicable and governing law
The Websites and Apps are hosted, controlled and operated from South Africa and therefore, subject to the Alternative Dispute Resolution provisions above, South African law enforced by the South African courts governs the use of, or inability to use, the Websites and Apps, its content, Services, products and these terms and conditions.
TFG disclaims all liability for any loss, damage or expense however caused, arising from the use of or reliance upon the information provided through this service and does not guarantee the completeness or accuracy of the information.
18. Legal costs
TFG shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
In these terms and conditions, the following words will have the following meanings, unless the context clearly indicates another meaning:
1.1. “Account” means the credit account created by us in respect of your credit facility whereby we record all transactions processed on your card, as well as any amounts debited or credited to your account;
1.2. “Act” means the National Credit Act, No. 34 of 2005, together with its regulations, as amended from time to time;
1.3. “Agreement” means the terms and conditions contained in this document, read with the pre-agreement and the application form completed by you, and any changes thereto;
1.4. “Card” means the Jet branded plastic card issued by us to you, or any other identification device that we may determine from time to time, in order for you to access the credit made available to you through your credit facility;
1.5. “Consumer Protection Act” means the Consumer Protection Act, No. 68 of 2008, together with its regulations, as amended from time to time;
1.6. “Credit facility” means the credit that we provide to you, and that you have applied for, in terms of the Act for the duration of this Agreement;
1.7. “Debit order” means (at our choice) a standard debit order or an early debit order whereby we instruct your bank to deduct an amount from your bank account and to pay that amount directly over to us on your behalf. The amount deducted will vary every month depending on your monthly instalment and may include any other amounts that may be due to us, from time to time, but will never exceed what is due and payable;
1.8. “Initiation fee” means a fee charged by us to you in order to create a credit facility for you;
1.9. “Major sanctioned country” means any one of the following listed countries: Crimea, Cuba, Iran, North Korea, Sudan and Syria. This list may change from time to time;
1.10. “Merchant” means any merchant accepting the card; or any person to whom it transfers any of its rights or obligations under this agreement;
1.11. “Personal information” means any information that we receive about you, including but not limited to your name, identity number, contact information, employment and financial information.
1.12. “Reference rate” means the rate used by us to determine the interest charged by us to you for use of the credit facility;
1.13. Secondary card” means the additional card issued by us for use by the secondary cardholder to access the credit made available by us to you through your credit facility; and
1.14. “Secondary cardholder” means the person whose personal information you have given us and whom you have chosen to make use of your credit facility by means of the secondary card;
1.15. “Service fee” means a fee charged by us to you for the administration of your credit facility.
2. Our contact details
2.1 RCS Cards Proprietary Limited (Registration Number: 2000/017891/07) is a registered credit provider and authorised financial services provider, of Golf Park 6, Golf Park, Raapenberg Road, Mowbray 7700 (hereinafter referred to as “us”, “we”, “our”).
2.2 Our contact details are:
2.2.1 Telephone: 0860 111 881
2.2.2 E-mail: email@example.com
2.2.3 Postal address: P.O. Box 111, Goodwood, 7459
2.2.4 Website address: www.rcs.co.za
3.1. By completing, signing and submitting an application, you:
3.1.2. confirm that you have read and understand these terms and conditions, the meaning and consequences of this agreement; and
3.1.3. confirm that you are the person whose details you have given to us as the applicant in the application form.
3.2. All information that you provide us with must be truthful, complete, accurate and correct. You must immediately notify us if any of your information changes. If your application is not complete or if you don’t provide us with any required documentation, we may contact you to obtain the required information or documentation; or we may approve or reject your application.
3.3. At the time of you applying to us for credit or, should your application be successful, at any time during the existence of this agreement, you must immediately notify us if:
3.3.1. you have a direct or indirect link(s) to a major sanctioned country (for example, you currently reside in Cuba or you conduct business in Iran); or
3.3.2. you are or become a citizen, resident or national of the United States of America; or
3.3.3. you relocate to any place outside of the Republic of South Africa.
3.4. Should any of the events in clause 3.3.1 to 3.3.3 apply to you, we have the right to not enter into this agreement with you, or if your application was already approved at the time that we come to learn of such events, we have the right to immediately terminate this agreement on notice to you. Our rights in terms of this clause shall apply irrespective of whether you notified us in terms of clause 3.3 above or whether we established independently that the clause(s) applies to you.
3.5. Should the major sanctioned country list be updated by us, your obligations in terms of clause 3.3.1 above and our rights in terms of clause 3.4 will apply to such updated list.
3.6. Your application for credit (or a credit limit increase) is subject to our credit approval criteria and to the conditions for granting credit as set out in the Act. We are, however, not obliged to grant your application.
3.7. You consent to us obtaining any information or documentation directly from your employer, bank, credit bureau or any other source for the purposes of assessing your application or any credit limit increase.
3.8. If your application is successful, we will provide you with a pre-agreement, as well as the terms and conditions. The pre-agreement will set out the amount of credit that you qualify for, your interest rate and it will show you how much interest and fees you will pay over a 12-month period if you use the full available credit.
3.9. Subject to the provisions of the Act, we may from time to time change the terms of this agreement. If we do, we will notify you hereof and upload the new terms onto our website. If you do not agree with the new terms, you must immediately let us know so that we may close your account (you will remain liable for the outstanding balance on your account). Any other changes made to this agreement must either be recorded by us telephonically and thereafter confirmed by us in writing or must be agreed to in writing in order to be valid and binding. If we change the terms of this agreement, it does not mean that a new agreement will automatically come into place.
4. Your card
4.1. You are the only person that may use your card. You cannot transfer your card to another person or authorise or enable someone else to use it. If you apply for a secondary card, only the secondary cardholder may use that card.
4.2. When you receive your card (or, if applicable, the secondary card), you (or, in the case of the secondary card, the secondary cardholder) must immediately sign it with a black ballpoint pen. Should you not collect your card from a merchant within 180 days of approval, your card will no longer be valid and you will have to apply again; in which event, we cannot guarantee that you will be extended credit again or that you will receive the same credit limit again.
4.3. Unless we tell you otherwise, you may use your card to purchase goods or obtain a service from the merchant on credit, provided that you each time:
4.3.1. present your card to the merchant at the time of purchase; and
4.3.2. sign a sales voucher acknowledging the purchase.
In the case of online transactions, you present your card to the merchant when providing your card details online and acknowledge the purchase when you comply with the check-out procedures of the applicable website.
4.4. We will debit your account with all credit transactions made using your card, unless you can prove that someone has fraudulently used your card and/or that the merchant processing the transaction did not have the authority to debit your account with the amounts concerned. If so, you will not be held liable for such fraudulent or unauthorised use, unless the provisions of clause 4.6 below are applicable.
4.5. When you access your available credit, you may select any of our available repayment plans to pay us back, however, in some instances a minimum spend may apply. We may change the features or cancel any repayment plan at any time on notice to you. You must select a payment plan before the transaction is processed. If you fail to do so, we will select a plan for you. You cannot change the payment plan for a particular transaction after the transaction has been processed. You also cannot select more than one payment plan to apply to a single transaction.
4.6. You are responsible for the safekeeping and proper use of your card. If you lose your card or if it is stolen, you must immediately tell us by calling us. You will not be held liable for credit transactions made on your account after you reported your card stolen or lost, unless we are entitled to hold you liable in terms of the Act or if you were negligent in safeguarding your card or if you didn’t let us know without unnecessary delay that your card was stolen or lost.
4.7. We may charge you a nominal fee for a secondary card or any replacement card issued to you, which fee will be charged to your account.
4.8. Even though you have possession of it, your card will always remain our property and we have the right, at any time, to withdraw, block, replace or demand the return of the card, without losing any right to any claim that we may have against you.
4.9. If you apply for a secondary card:
4.9.1. Unless otherwise stated, the terms of this agreement relating to the card apply equally to the secondary card;
4.9.2. A secondary card will entitle a secondary cardholder to access the available credit on your credit facility and make purchases on your account, without your signature being required at the time of purchase.
4.9.3. It is your responsibility to ensure that the secondary cardholder complies with the applicable terms and conditions of this agreement.
4.9.4. If you nominate a secondary cardholder that at the time your application for a secondary card is younger than 18 years old: 1) you acknowledge that by issuing a secondary card to him/her, we are not entering into a credit agreement with him/her; 2) you confirm that he/she is at least 16 years old as at the time of application; 3) you confirm that you are his/her parent or legal guardian; and 4) you consent to the use of the secondary card by him/her. We reserve the right to cancel any secondary card in the event of any of the above statements being false.
4.9.5. Where the secondary cardholder makes a purchase using the secondary card, the purchase amount will be debited to your account. You are therefore responsible for payment of any purchases made on the secondary card. You are also responsible for any interest, fees or charges that we may raise on your account as a result of any purchases made on the secondary card.
4.9.6. Should you wish to change the secondary cardholder or cancel your secondary card, you may do so by contacting us. After receiving confirmation of such a change or cancellation, as the case may be, you must immediately destroy the old secondary card. Failure to do so will result in you being liable for any purchases made on the old secondary card after such change or cancellation.
4.9.7. The secondary card will not entitle you or the secondary cardholder to additional credit. The credit limit on your credit facility will not increase through the issuance of a secondary card.
5. Credit limit and available credit
5.1. Your card may be used for credit transactions up to a predetermined amount. You (or, where applicable, the secondary cardholder) may not exceed this limit. Your initial credit limit will be reflected on your pre-agreement and your credit limit will always be reflected on your statements.
5.2. We have the right to at any time perform an assessment of your creditworthiness and may reduce your credit limit should we deem it in your best interest.
5.3. Should you wish to receive a temporary credit limit increase, or should we increase your credit limit temporarily, in order to allow a transaction or a series of transactions on your account, such an increase will be for a limited time only. You must repay the amount of the increase in full with your next instalment.
5.4. Should you at any time wish to increase your credit limit, or wish to receive automatic annual increases, you may advise us thereof in writing or telephonically. Any such credit limit increase will, where applicable, be subject to our scoring criteria and the provisions of the Act and this agreement. Your new credit limit will be reflected on your statements.
5.5. When you use your card for a credit transaction (for example, you purchase goods on credit), your available credit will reduce as shown on your statement. Similarly, when you make a payment, your available credit will increase, however, as payments may take up to 3 days to reflect in our bank account, such credit may not always be available immediately.
5.6. Your credit facility may only be used to access the credit available to you. You may not make payments in excess of your outstanding balance or credit limit. If you do, we have the right to immediately refund the amount of such credit balance to you and we may immediately terminate this agreement on notice to you. If, for whatever the reason may be, we are unable to refund you, we will retain the amount until such time as we are able to refund you or the law deems that you have forfeited the amount to us, without losing our right to immediately terminate this agreement.
5.7. You may access cash from your credit facility by making use of the cash advance option that may be available on your card, subject to the following qualification criteria:
5.7.1 Your account with us must not be in arrears and must be older than 3 months;
5.7.2 We may impose a minimum and/or maximum amount that you can withdraw from time to time;
5.7.3 Repayment of the cash advance is only permitted on selected repayment plans; and will form part of your monthly instalment;
5.7.4 You can access the cash advance option by calling us or, if available, use the self-service portal; or through any other channel that we make available from time to time;
5.7.5 We will check if you meet the requirements for accessing this option and if so, we will let you know the amount that is available to you for withdrawal and the options for repayment;
5.7.6 If you let us know that you want to proceed with the withdrawal, we will process the transaction on your facility and pay the amount selected by you in South African Rand into a bank account in your name;
5.8 Notwithstanding the above, we reserve the right to amend our qualification criteria from time to time. If we do so, we will let you know at the time of your request for a cash advance.
6.1. When you make a purchase at any merchant, we will, on your behalf, pay that merchant the amount owing to the merchant in terms of such a transaction.
6.2. In terms of s5(2)(d) of the Consumer Protection Act, as amended, the rights afforded to you by the Consumer Protection Act do not apply to credit agreements, however, they do apply to the goods purchased and/or services obtained in terms of that credit agreement. Therefore, a dispute that you have about the goods and/or services (including but not limited to the return of goods) must be resolved directly with the merchant.
6.3. If you have a dispute with a merchant, that dispute will not entitle you to–
6.3.1. instruct us to refuse to pay the merchant for goods purchased or services obtained by you on your card; or
6.3.2. refuse to pay us for payments already made to the merchant, irrespective of whether such payment was made in respect of the goods that are the subject-matter of a dispute, or
6.3.3. instruct us to reverse a payment already made to the merchant.
6.4. We will not be liable to you if any merchant refuses to accept your card as payment for any goods purchased or services obtained with your card. You will not have the right to claim anything from us or to institute any counterclaim against us or to apply set-off against us on this basis or any other basis whatsoever.
6.5. Any refund by a merchant to you must be paid to us so that we can credit your account.
6.6. When we receive a credit voucher issued by a merchant for goods purchased or services obtained by you with your card, we will credit your account with the amount of the credit voucher.
6.7. If you receive a refund directly from a merchant for any goods purchased or services obtained from such merchant on your account, you will remain liable for any fees and costs that we are entitled to charge or have charged to your account in terms of this agreement.
7.1 For your protection your credit facility must include customer protection insurance. The customer protection insurance, also known as the Account Protection Plan, proposed by us is administered by IUA Business Solutions (Pty) Ltd and underwritten by Hollard Life Assurance Company Limited (Reg no. 1993/001405/06), an Authorised Financial Services Provider. The Account Protection Plan covers the following:
7.1.1. death cover (which covers your full outstanding balance at the date of the event); or
7.1.2. temporary or permanent occupational disability for employed employment type (which covers your full outstanding balance at the date of the event)
7.1.3. temporary or permanent functional disability for Self-employed, Pensioner or Unemployed employment types (which covers your full outstanding balance at the date of the event);
7.1.4. permanent loss of income for employed and self-employed persons (which covers your full outstanding balance at the date of the event)
7.1.5. temporary loss of income for employed and self-employed person (which covers up to 12 months’ instalments).
7.2 Full details, terms and conditions of this customer protection insurance product will be provided to you in your policy welcome pack. This will be sent to you within 31 days of the policy’s start date using contact details you have provided us with. You may also obtain them from IUA Business Solutions by emailing firstname.lastname@example.org or calling 0878 20 20 24.
7.3 You have the right to waive the customer protection insurance product offered by us and to substitute it with a policy of your own choice, which covers the same benefits and which policy must then be ceded to us with certain written directions as stated in the Act.
8. Interest & fees
8.1. Subject to the provisions of the Act, we will determine the amount of any interest, fees and other costs that will be charged to your account. These amounts will be shown on your statement.
8.2. The rate of interest that we charge to your account will be reflected on your pre-agreement, but will never be more than the maximum annual interest rate permitted by the Act from time to time. The interest rate will be linked to the reference rate and changes to that rate will result in changes to the interest rate charged on your account. You will be informed of any changes to the interest rate within 30 days after such change.
8.3. In the event of a change in the interest rate, the interest calculation on the budget plan will remain the same for the remainder of the repayment period, but the interest calculation on your revolving facility and any new budget plan will be charged at the new rate.
8.4. Interest will be calculated on a daily basis and added to your principal debt (in other words, compounded) on a monthly basis.
8.5. If you are in arrears, additional interest will be charged on overdue amounts at the same rate as the interest rate applicable in terms of this agreement. If you are paying by debit order, this arrear interest will be collected with your next debit order.
8.6. If at the time of making a purchase on your card, you selected an interest-free repayment plan, we will not charge you interest on that purchase, provided that your account is not in arrears. If your account is in arrears, we will convert that purchase to an interest-bearing repayment plan for the remainder of the plan term.
8.7. If you access the credit on your card and pay the full amount so accessed on or before the due date reflected on your next statement, we may decide not to charge any interest in respect of that credit transaction. If we decide to do so, this will not mean that we may never again charge interest to you.
8.8. We will periodically charge you a service fee. This will apply for as long as your account is open. The amount and frequency of the service fee will be set out in your pre-agreement, however, we may change this amount on notice to you. We will, however, never exceed the maximum cap as set out in the Act.
8.9. We may charge you a once-off initiation fee. The amount of the initiation fee will be set out in the pre-agreement. You may choose to pay the whole initiation fee with your first account payment. If you choose this option, you must let us know at the time of applying to us for credit, otherwise we will add this fee to your account as part of the principal debt so that you may pay it off in instalments.
9.1. We will periodically send you an electronic statement of account, which will show:
9.1.1. all transactions relating to your account;
9.1.2. the interest and other charges debited to your account;
9.1.3. payments made, as well as the balance outstanding;
9.1.4. how much you are in arrears by, if any;
9.1.5. the minimum amount payable; and
9.1.6. the due date on or by which you must pay the outstanding balance.
9.2. It is your responsibility to check your statement. Unless you notify us within 30 days of the date of your statement that you dispute your liability for any debit appearing on your statement, you will be deemed to be liable therefor. Similarly, you must let us know if any payment made or credit received by you is not reflected on your statement.
9.3. If we are notified late of a transaction on your account, such late transaction will be reflected on your account as and when we are notified thereof, notwithstanding the fact that you may have transacted with the merchant at an earlier time.
9.4. The frequency of statements will be at our discretion, provided that no more than 3 months shall pass between delivery of successive statements of account. If there has been no activity on your account in a particular statement month, we may elect to not send you any statement in respect of such a statement month.
9.5. If you have provided us with an e-mail address, we will send you statements via e-mail. Alternatively, we may send you statements via SMS or MMS, using the cellphone number that you gave us in your application form.
9.6. Non-receipt of statements does not free you from your obligation to pay us. You may obtain your account information from us telephonically or through the self-service portal.
10. Payment & settlement
10.1. You must pay at least the minimum amount payable as indicated on your statement by the due date, which amount is made up of the sum of:
10.1.1. the instalment on the revolving plan;
10.1.2. the sum of the fixed repayments on the budget plan(s);
10.1.3. any arrears; and
10.1.4. fees and charges.
10.2. We will deem all payments made by you to be made paid on the date that we receive such payment and the payments shall be allocated in the following order:
10.2.1. payment of due or unpaid interest, and thereafter
10.2.2. payment of due or unpaid fees and charges (including any insurance), and finally
10.2.3. payment of the principal debt, it being agreed that your oldest debt will be paid first and according to the hierarchy of your revolving credit balance and thereafter according to the sequence of any further budget plan (if any) as entered into.
10.3. You can pay your account through any of our approved payment methods from time to time, such as at selected stores, by debit order, on our website (where available) or by electronic funds transfer into our bank account. The method that you choose will be at your risk. Payments will only be effected when we receive and process it.
10.4. If you are paying by debit order and your payment day falls on a Saturday, Sunday or recognised South African public holiday, the payment day will automatically be the business day before your usual payment date.
10.5. If you make a payment using the incorrect reference, your payment may not be allocated to your account. It is your responsibility to check your statements and to let us know if any payment is not reflecting on your account.
10.6. You may prepay any amount owed to us at any time, however, making a prepayment will reduce your outstanding balance and not entitle you to skip a payment.
10.7. If you wish to pay us by debit order and you have indicated this to us in the application form, you authorise us (and mandate your bank) to deduct your monthly payments, as well as any other amount that may be due from time to time by you to us in terms of this agreement, from your bank account. If your account is in arrears, you authorise us (and mandate your bank) to also deduct such arrear amount, as well as any other amount that may be due from time to time by you to us in terms of this agreement, from your bank account through an additional debit order.
10.8. If your debit order is unpaid by your bank due to insufficient funds, we may track your account and re-present the instruction for payment as soon as sufficient funds are available. If your debit order is still unpaid by your bank, you must make the minimum payment due as indicated on your statement directly to us by the due date for such payment in order to keep your account from going into arrears.
10.9. If your debit order authorisation lapses due to there being no funds available in your bank account, you must contact us to provide us with a new debit order authorisation if you want to continue paying by means of a debit order.
10.10. If you wish to settle your account, you must first contact us to obtain a settlement amount. Settling your account does not automatically mean that your account will be closed. If you want to close your account, you must contact us and instruct us to do so.
10.11. You must immediately let us know if during the term of this agreement:
10.11.1. You apply for sequestration or to be placed under administration;
10.11.2. You are placed under curatorship so that you are no longer able to manage your own financial affairs; or
10.11.3. You apply for debt review.
11. Arrear accounts & debt enforcement
11.1. If your account goes into arrears:
11.1.1. you will be charged default administration costs and any other costs and fees relating to debt collection activities;
11.1.2. default information will be submitted to the credit bureaus, which may affect your ability to obtain further credit;
11.1.3. we may suspend your credit facility and give you notice before closing your account, in which event you must immediately pay your account in full;
11.1.4. your account may be handed over to debt collection agencies for the recovery of the arrear amount, the costs of which you will be responsible for.
11.2. If your account has been in arrears for a period as determined by us from time to time, during which period you failed to make any payments on your account, your account will automatically be classified as “written off” and will be closed on notice to you. If this happens, we may choose to also terminate this agreement.
11.3. If we have to institute legal action against you in court, you will be liable for all costs incurred, including but not limited to legal costs on the scale “attorney and own client” (which means the costs incurred by us for the attorney’s professional services, plus any expenses and costs incurred by such attorney in trying to recover the arrears plus costs from you), as well as collection charges, tracing fees and taxes hereon.
11.4. We may approach a court to take judgment against you for the debt owed by you to us in terms of this agreement. If we do, a certificate signed by any one of our managers (whose appointment and authority need not be proved) stating the amount that you owe us and the applicable interest rate, shall be accepted as sufficient proof of your indebtedness and shall be deemed correct unless you are able to prove otherwise.
11.5. The address that you gave us when completing the application is the address that you choose where legal documents may be served on you. If we are able to serve documents on you electronically, the e-mail address and/or cellphone number that we have on record for you will be used. If you wish to change your physical address, e-mail address and/or cellphone number, you must give us notice hereof and any such change will take effect 7 business days after we receive such notice.
11.6. If you have a query or complaint, contact our customer services department for a resolution. If you are not satisfied with the outcome of your query or complaint, you have the right to resolve the matter by way of alternative dispute resolution or you can file any complaints with the National Credit Regulator (contact number 0860 627 627) or make application to the National Credit Tribunal.
12.1. If one or more of the following happens:
12.1.1. you don’t pay any amount that is due to us on or before the due date;
12.1.3. your estate is sequestrated;
12.1.4. you pass away;
12.1.5. you make any untrue, misleading or incorrect statement or representation to us;
12.1.6. you fail to disclose information regarding this agreement or during your application;
12.1.7. you breach any local or international laws or regulations relating to trade sanctions or financial intelligence and securities;
12.1.8. you do anything that may prejudice our rights;
then, all amounts owing by you will become due and payable immediately and we may immediately terminate this agreement, without prejudice to any other right in law that we may have against you (or your estate).
12.2. If we exercise our right to terminate this agreement in terms of any of the provisions hereof and there is an outstanding balance on your account, all amounts owing by you will immediately become due and payable by you (unless we make other arrangements with you).
12.3. You may terminate this agreement at any time by contacting us and informing us hereof. We will provide you with a settlement amount that you must pay us and after receipt and processing of such payment, we will close your account. If you wish to reopen your account, you will need to apply again; in which event, we cannot guarantee that you will be extended credit again or if your application is successful, that you receive the same credit limit again.
12.4. If you do not use your credit facility for a continuous period determined by us from time to time, your account will be closed on notice to you. If this happens, we may choose to also terminate this agreement.
13. Personal information
13.1. We will keep your personal information for as long as we need to or have to by law. We will not disclose your personal information to anyone unless we are acting in terms of this agreement or we need to do so in order to comply with this agreement. We will also disclose your personal information where we are obliged to by law, in terms of a court order; or where we have your consent.
13.2. You agree and consent that we may process, record and/or disclose your personal information, including details of any transactions on your account, to:
13.2.1. assess any application that you make with us for credit or other financial services (we will sometimes use a standard credit-scoring or other automated decision-making system to do this);
13.2.2. manage your credit facility (and policies, if any), and make decisions on questions about any application, agreement or correspondence which you may have with us;
13.2.3. search credit bureaus, credit reference, fraud prevention agencies’ records or any other third party’s records so that we can manage your account and make decisions about credit, including whether to make credit available, to continue making credit available to you or extend further credit to you;
13.2.4. carry out, monitor and analyse our business;
13.2.5. contact you by post, by phone, by e-mail, by SMS or other electronic means or in any other way about other products and services which we consider may interest you, unless you tell us that you would prefer not to receive such offers;
13.2.6. any person or company working for or with us;
13.2.7. any insurer, if you arrange insurance through us;
13.2.8. any organisation which underwrites or supports any of our products which you hold;
13.2.9. the merchant or any of our retail partners;
13.2.10. any guarantor of your obligations under this agreement;
13.2.11. any payment system under or through which your account is paid;
13.2.12. any person to whom we transfer any of our rights or obligation under this agreement;
13.2.13. any person or company (including any direct marketing agencies)with whom we interact in order to supply to you, or provide to you or market to you any product or service that we believe you may be interested in, unless you tell us that you would prefer not to receive such marketing;
13.2.14. any third party who processes your personal information on our behalf (including third parties who are located and run their business outside of the Republic of South Africa);
13.2.15. any third party debt collection agency or attorney appointed to collect any monies you owe us; and
13.2.16. anyone you authorise us to give your personal information to.
13.3. The consents that you are providing us with in terms of clause 13.2 above shall apply even if we do not grant your application for credit.
13.4. To the extent lawful, we may transfer, license or otherwise authorise the use of any of your personal information.
13.5. In the event that we hand your credit facility over to a debt collection agency or an attorney for collection or legal action, you agree and consent to us releasing some personal information about you to such third party.
13.6. From time to time we may monitor your account in order to comply with our obligations in terms of financial intelligence and securities laws, as well as international sanctions regulations.
13.7. We may also monitor and record all telephone calls and other interactions with you.
14.1. You consent to and agree that we may at any time (even if you are no longer a cardholder, as permitted by law):
14.1.1. make enquiries to obtain or confirm any information about you;
14.1.2. submit to any credit or other bureau (or a third party) any information about you or provided to us by you in your application or about the application, transacting, opening and closing of this agreement and account;
14.1.3. seek, verify and receive information from any credit bureau or third party (with whom you have financial relations at any time) when assessing your application or your creditworthiness, and also at any time during the existence of your account;
14.1.4. provide, disclose and register the existence of this agreement and any personal information, and details relating thereto, to any credit bureau or third party (with whom you have financial relations at any time) sharing positive and negative information about you or your credit account, including any non-compliance with this agreement.
14.2. You acknowledge and understand that a credit bureau will provide us with credit profile information and possibly a credit score reflecting your creditworthiness.
14.3. Subject to the provisions of the Act, we will be entitled to obtain and disclose your information:
14.3.1. within our group of companies or associated companies;
14.3.2. if we think it is necessary or may be of benefit to you;
14.3.3. where we are legally compelled to do so;
14.3.4. where it is in the public interest to disclose; or
14.3.5. where our interests require disclosure.
14.4. The bureaus may record details of our searches about you. We will also release information to them about any account that you hold with us, including information about any payments you have missed. Information held by them may be linked to other people with whom you have a financial association. If you give us false or inaccurate information and we suspect fraud, we will inform them thereof.
14.5. You have the right to challenge information reflected at the credit bureau. You have the right to contact the credit bureau, have your credit record disclosed to you and to have inaccurate information corrected.
14.6. The credit bureaus used by us can be contacted at: Transunion Credit Bureau, Wanderers Office Park, 52 Corlett Drive; Illovo, Tel: 011 214 6000; Experian, Experian House, Ballyoaks Office Park, 35 Ballyclare Drive, Bryanston, Tel: 011 799 3400; Compuscan, Compuscan House, 3 Neutron Ave, Techno Park, Stellenbosch, Tel: 021 888 6000; XDS, 11-13 St. Andrews Street, Oakhurst Building, Parktown, Johannesburg, Tel: 011 645 9100.
14.7. We cannot be held responsible for any loss that you may suffer or damage that you may incur caused by any credit bureaus or agency.
15.2. Should you wish to receive copies of documents relating to your account, you must advise us of the manner in which you want these to be delivered to you (provided we have the ability to effect the delivery you choose). In certain instances, we are entitled to charge a fee for such copies.
15.3. We may sell, cede, assign or transfer any of our rights or obligations under this agreement or arrange for any other person to carry out any of our rights or obligations under this agreement without your consent and without notice to you.
15.4. We will not be liable for anything outside of our reasonable control (for example, a failure of computer systems, or power failures which happen for reasons outside our reasonable control) or any industrial action, or political unrest, war, if this prevents us from providing our usual service.
15.5. We will not be held liable for any loss or damage sustained by you or a third party regarding either the application for credit or regarding this agreement.
15.6. We can delay enforcing our rights under this agreement without losing them.
15.7. If we cannot enforce any term under this agreement, it will not affect any of the other terms of this agreement.
15.8. Except for correcting errors confirmed as such from objective evidence or which are self-evident errors (including spelling, punctuation, reference, grammar or similar defects), these terms and conditions shall be binding on the Parties.
15.9. Each and every undertaking and clause as contained herein shall be capable of independent enforcement, thus enabling any court or other competent tribunal to enforce the remainder of this agreement should it adjudge any particular undertaking or portion or clause thereof to be invalid.
The original cellphone packaging and proof of purchase documents should be retained as they are required for warranty and/or exchange purposes.
2. Product information and/or assistance with respect to this product can be obtained by calling your Service Providers toll-free number from your cellphone.
3. The Warranty provided by the manufacture does not cover non-mechanical and/or physical damage caused by negligent use of the cellphone. Please ensure that you treat your cellphone with care.
4. In the event that your cellphone has a manufacturing fault and thi is identified within the Out of Box Failure Period (Network Specific Conditions will apply), the cellphone can be returned to the original place of purchase for replacement, provided the following conditions are met:
a. The original proof of purchase must be supplied (i.e. till slip) as well as the terms and conditions contained in the document.
b. The original box and contents (handset, original battery, original charger, original antenna, instruction manual and any other accessories) must be complete and in good condition.
c. The International Mobile Equipment Identity Number (IMEI Number) reflected on the box, must match the IMEI Number on the phone data card
d. There must be no physical damage on the product or its accessories, or any signs of neglect due to, mishandling, liquid damage, screen scratches, dents or marks.
e. Devices that are faulty due to software issues and which may be resolved by way of a software upgrade are NOT considered an Out of Box Failue (OBF). The software upgrade will be performed free of charge by the relevant network provider.
f. Items that qualify as an OBF will only be exchanged for items of the same make and model (no refunds will be made).
g. Cellphones must be exchanged or repaired subject to the terms and conditions of the relevant network provider.
h. The Out of Box Failue (OBF) period is determined by the relevant Network Provider.
5. We advise that you discuss your specific cellphone requirements with a Cellphone Consultant before selecting and purchasing your new cellphone. Once you have made your choice and received the cellphone in good condition, JET will not refund or exchange the cellphone for a different make/model/unit.
6. The cellphone services will be provided by the relevant Network Provider directly.
JET DOES NOT ISSUE LOAN PHONES WHILE THE PHONE IS AT THE REPAIR FACILITY
IF YOU EXPERIENCE TECHNICAL DIFFICULTIES AFTER 7 DAYS
1. Should you experience any problems with your cellphone (outside of the OBF period) you may either take it directly to the relevant network provider repair centre or to any of our Jet stores, in which case we will liaise with the Network provider repair centre on your behalf.
2. The manufacturer’s warranty period shall apply to all cellphones (excluding battery and charger)
3. Any repair during the warranty period will be at no cost to you. If however the damage to the cellphone is due to negligence on your part or liquid damage; such repair will be for your expense. The manufacturer’s warranty will not apply.
4. If you make use of an unauthorised repair centre, the manufacturer’s warranty will no longer apply.
5. Please note
a. Liquid damage can occur very easily. Cellphones mat become damaged due to moisture such as rain, proximity to car air-conditioning units and saliva on the aerial.
b. At the time of purchase the cellphone will be tested and activated in the store