1. Bill payments can only be done using cash or a card. Note: Ackermans Account cards, Gift Cards and Virtual Vouchers do not apply.
2. Bill issuers have different rules and conditions associated to bill payments, i.e. in some instances a minimum or partial payment is allowed; in other instances the exact amount is required e.g. SAA tickets, bus tickets.
3. You cannot make or change a bus ticket booking (Intercape, City to City, Translux) at Ackermans. Only payments for bus tickets are allowed at Ackermans and no partial payments are allowed, i.e. you must pay the full amount. You must keep the till slip and till slip ticket and present it when boarding the bus.
4. You cannot make or change a SAA ticket booking at Ackermans; only payments for SAA tickets are allowed. No partial payments are allowed, i.e. you must pay the full amount. You must keep the till slip and till slip ticket and present it at the check-in desk of the relevant airline.
5. Mukuru is a service that allows you to send money cross-borders e.g. to Zimbabwe, with bill payments. You must be registered to use Mukuru. You must register at their nearest InterAfrica branch. Ackermans does not do Mukuru registrations and/or order the deposit instructions. Ackermans can only process the payment after you have received the deposit instructions and reference no. from Mukuru.
6. You must call the call centre number printed on the till slip to resolve any problems or issues relating to a bill payment.
7. You will not earn A.Rewards Stars for doing a bill payment.
You must read these terms and conditions carefully and pay special attention to all the terms printed in bold.
1 CREDIT FACILITY
1.1 We confirm that we will grant you a credit facility in the amount set out in the Quotation, subject to the terms and conditions of this Agreement.
1.2 The details of this Agreement are reflected in the Quotation which forms part of this Agreement.
2 HOW TO INTERPRET THIS AGREEMENT
In this Agreement, the following words and phrases will, unless the contrary intention appears, have the following meanings:
2.1 "Agreement" means this agreement, including the Quotation and all written notices we send to you in accordance with the NCA;
2.2 "Business Day" means Monday to Friday and any day that is not a South African public holiday;
2.3 "Card" means the plastic card issued to you by us, pursuant to this Agreement, that is linked to your Card Account;
2.4 "Card Account" means the account opened in your name and that is associated with the Card;
2.5 "Credit Facility" means the facility approved by us and which may be used by you at any of our Participating Branches for the purchase of goods by means of the Card;
2.6 “Credit Limit" means the credit facility amount specified in the Quotation or any increased or decreased facility amount granted in accordance with the NCA;
2.7 "NCA" means the National Credit Act 34 of 2005 and its regulations, as amended or replaced from time to time;
2.8 "Participating Branches" means branches of Ackermans, John Craig, Shoe City, Refinery and Dunns Stores in the Republic of South Africa, as may be amended or updated from time to time;
2.9 "Pepkor Group" means the group of companies which are either directly or indirectly held by Pepkor Holdings (Pty) Ltd;
2.10 "Personal Information" or “PI”, means any information or set of information regarding a person that can be linked to an individual or used to directly or indirectly identify an individual;
2.11 "Principal Debt" means the deferred amount to which interest, fees and charges are added;
2.12 "Process" and "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure or destruction of information;
2.13 "Quotation" means the pre-agreement statement and quotation which is attached to this Agreement;
2.14 "We", "Us" and "Our" unless it is specifically mentioned otherwise, means Tenacity Financial Services (Proprietary) Limited registration number 2007/003071/07, a private company duly incorporated in accordance with the laws of the Republic of South Africa with registered address 1 Radnor Road, Parow Industria, Cape Town and registered credit provider NCRCP1638, and includes any holding, affiliated or subsidiary company of any of them and their successors in title;
2.15 "You" or, "Your" means the account holder who we agree to give credit to and identified by name in the Quotation;
2.16 Reference to –
2.16.1 one gender includes all the genders;
2.16.2 the singular form of a word includes the plural;
2.16.3 the plural form of a word includes the singular;
2.16.4 a law or regulation means that law or regulation on the date you sign this Agreement.
2.17 If there is a conflict between the terms of the Quotation we gave to you and these terms and conditions, the terms of the Quotation will apply.
3 PRINCIPAL DEBT
3.1 Every purchase of goods or services obtained with the Card shall form part of the Principal Debt
3.2 All amounts debited to the Card Account in terms of this Agreement together with interest thereon are repayable by you to us in the manner set out in this Agreement.
4. Validity of the Card and additional cardholders
4.1 You must, as soon as you receive the Card, sign it with a ballpoint pen in the space provided on the reverse side of the Card.
4.2 You may have additional cards linked to the Card Account if application for these additional cards has been approved by us.
4.3 It is your duty to ensure that all additional cardholders understand their obligations in terms of this Agreement. You will be responsible and liable for all transactions made with the additional cards, the actions of the additional cardholders and for ensuring that any additional card is used only in accordance with this Agreement.
4.4 The issue of additional cards will not increase the Credit Limit.
4.5 We will charge you a nominal fee for the replacement of the main Card and additional Card. You will not be charged for the first issue of any such Card.
5 USING YOUR CARD
5.1 You may only use the Card to purchase goods at Participating Branches and you may be required to sign a receipt after each such purchase.
5.2 We have the right to pay the Participating Branch the amount of the purchase(s) made at that Participating Branch, even if a receipt has not been signed by you.
5.3 We will not be liable to you –
5.3.1 if any Participating Branch refuses to accept the Card for payment;
5.3.2 for any goods purchased with the card and you will not have the right to claim any amount from us or to institute any counter-claim or to apply set-off against us on this basis.
5.4 No dispute between you and the Participating Branch will give you the right to
5.4.1 be exempted from your obligation to us for any payment made to the Participating Branch;
5.4.2 instruct us to refuse to pay the Participating Branch;
5.4.3 instruct us to do a charge back of any payment already made to the Participating Branch for goods purchased with the Card.
5.5 Should you wish to return your purchase to any Participating Branch; such return(s) will be subject to the Participating Branch’s standard returns policy. Your account will be credited with the amount of the purchase returned, provided such return is in accordance with the standard returns policy of and accepted by the Participating Branch.
5.6 You acknowledge and agree that your use of the Card may be suspended and/or terminated at any time for any reason whatsoever and that we shall have no liability of whatsoever nature and howsoever arising in consequence of any such suspension and/or termination.
6 SAFE KEEPING AND UNAUTHORISED USE OF YOUR CARD
6.1 You are responsible to look after your Card, to keep it safe and the proper use of it.
6.2 You must not allow anyone else to use your card. When you notice that your card is lost, stolen or has been used by another person, you must report it immediately to our Service Centre on 0860 900 100. We will stop further transactions on the card after being advised that the card is lost or stolen.
6.3 You will not be liable for use of the Card after you have notified us and we have stopped future transactions on the Card, unless –
6.3.1 your signature appears on the voucher, sales slip, or similar record evidencing that particular use of the Card; or
6.3.2 we have other evidence sufficient to establish that you authorised or were responsible for the use of the Card.
7 MALFUNCTION OF ELECTRONIC FACILITIES
We are not responsible for any loss arising from any failure, malfunction or delay in any electronic point of sale device, or our supporting or shared networks, where applicable, resulting from circumstances beyond our reasonable control.
8 INTEREST AND OTHER CHARGES
8.1 The interest rate is a variable interest rate which means that the amount of the total interest as well as the amount of the instalments as specified in the Quotation may change if the reference rate changes.
8.2 Within 30 (thirty) Business Days from the day that a change in the interest rate takes place we will give you written notice of your new interest rate.
8.3 Interest will be calculated daily and we are entitled to add any unpaid interest to the outstanding balance of the Principal Debt which at that stage is still payable in terms of this Agreement.
8.4 If you do not make the required payment by the stipulated due date, your Card Account will be in arrears and you will therefore be in default of this Agreement. The interest charged on overdue amounts will be the same as the interest rate specified in 8.1 above.
8.5 We charge you a monthly service fee at the end of each month, which is reflected on the quotation. We add this fee to your outstanding balance and show it on your statement. Should we decide to increase the monthly service fee, we will inform you. The monthly service fee will not be more than the maximum amount allowed by the NCA.
8.6 We may charge an initiation fee as specified in the Quotation.
8.7 We may also change any fees and charges set out in the Quotation. We will give you 5 (five) Business Days’ notice if we do so. The fees and charges may not be greater than the maximum amount allowed under the NCA.
9 CANCELLATION OF THE CARD, SUSPENSION AND/OR CANCELLATION OF THE CREDIT FACILITY
9.1 The Card will always remain our property and without us losing any right to any claim which we may have against you, we have, subject to clause 17, the right to –
9.1.1 suspend the Card at any time if you are in default of this Agreement; or
9.1.2 demand the return of the Card, cancel or repeal the Card in the event that the Credit Facility if closed.
9.2 We may, subject to clause 17, –
9.2.1 suspend the Credit Facility at any time if you are in default of this Agreement;
9.2.2 close the Credit Facility by giving you prior written notice of at least 10 Business Days
9.3 If the Credit Facility has been suspended or cancelled or if you die –
9.3.1 the Card may no longer be used for any purchases;
9.3.2 we may notify any Participating Branch or any person we think should know of the suspension or cancellation without incurring any liability.
9.4 Notwithstanding the provisions of clause 9.2, this Agreement will remain in effect until you have repaid all amounts charged to the Card Account.
10 WE ARE ALLOWED TO GIVE INFORMATION TO CREDIT BUREAUS
10.1 You understand that we are allowed to give to one or more credit bureaus:
10.1.1 information about this agreement;
10.1.2 information about your account with us;
10.1.3 details of your default if you do not adhere to any of the terms of this Agreement.
10.2 You have the right to contact the credit bureaus and look at your record with them.
10.3 You can correct any information that is wrong.
11 YOUR CREDIT FACILITY AND LIMIT
11.1 We may refuse to authorise purchases through using your Credit Facility for any reason whatsoever; including if you have exceeded your limit.
11.2 You may not make any purchases with the Card which will cause the Credit Limit to be exceeded.
11.3 If we accept to process a transaction that results in you exceeding the Credit Limit, it does not mean that we have increased the Credit Limit on a permanent basis, but rather that we have allowed a temporary increase at your request. You will be liable for payment of the full amount by which the Credit Limit is exceeded.
12 REDUCTION OR INCREASE IN THE FACILITY LIMIT
12.1 You may at any time, by prior written notice to us, request that the Credit Limit be reduced and stipulate a maximum Credit Limit that you are prepared to accept.
12.2 We may, by written notice to you, reduce the Credit Limit. The reduction of the Credit Limit will be effective upon delivery of the written notice.
12.3 We may only increase the Credit Limit under this Agreement in accordance with the NCA.
12.4 You may by written notice authorise us to apply automatic annual increases to your Credit Limit, or withdraw that authorisation. Any increase of your Credit Limit will be in our sole discretion and in accordance with the NCA.
13 MARKETING AND PROCESSING OF PERSONAL INFORMATION
13.1 You agree that we have given you options 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 messages.
13.2 Unless you have indicated otherwise during the application process, you agree and expressly consent to -
13.2.1 the processing and further processing of your PI (including your name, surname, ID number, telephone number, transactional information and any other information which may be required in terms of the NCA or any other law) by us and other companies in the Pepkor Group, any of their operators, commercial partners (e.g. Capfin, insurance companies, the supporting bank in the case of a bank product and any other financial services providers, such as money remitters), agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa), agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep your PI confidential and will only use your PI for the purposes of providing information about products and services to you and to comply with legal and regulatory obligations;
13.2.2 the indefinite retention of your PI, unless you object, in which case we will retain such information only for as long as legally permitted;
13.2.3 the collection of your PI from any other legitimate source to supplement the information which the Pepkor group has about you (e.g. telecommunication networks, Capfin, insurance companies, the supporting bank in the case of a bank product and any other financial services providers, such as money remitters);
13.2.4 the use of your PI to send you information about products, services and special offers offered by the Pepkor group and its commercial partners that may be of interest to you;
13.2.5 the use of your PI for purposes required in terms of law;
13.2.6 a credit enquiry being conducted about you with any credit bureau or credit provider and providing your PI, including the manner in which you conduct your account, to credit risk management services and/or crime prevention agencies.
13.2.7 The provision of your PI in terms of this agreement is voluntary.
13.2.8 Subject to applicable law, you may access the PI we have about you by contacting our Service Centre on 0860 900 100 and request that applicable corrections be made.
13.2.9 If you are unhappy about the way we process your PI, you should contact our call centre on 0860 900 100. Alternatively, you may lodge a complaint to the Information Regulator.
13.2.10 If you choose to be excluded from direct marketing campaigns in the future, you must advise us by contacting us on 0860 900 100 or you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.
14. STATEMENTS AND PAYMENT
14.1 We will send you a statement periodically to your postal address or electronically if this delivery method has been selected by you. The statement will show all transactions debited to the Card Account up to the date of the statement.
14.2 The statement will show both the full and minimum amounts payable to us, on or before the due date shown on the statement.
14.3 Non-receipt of the statement does not entitle you to refuse or fail to pay any amount that is due to us.
14.4 It is your responsibility to check your statements. You must let us know in writing within 30 (thirty) days of the date of the statement if there is something you do not agree with. If you do not let us know within this time, we are entitled to treat the statement as correct. You will then have to prove that the statement is not correct.
14.5 You may pay at any Participating Branch or via any other payment method that we may communicate to you from time to time.
14.6 The method of payment that you choose will be at your own risk and we will only recognise the payment when we received and process it and once it has been cleared.
14.6.1 Should you choose to pay your monthly instalments by debit order, the instalment is taken from your bank account automatically each month, on the date that you have chosen. If the date that you have chosen falls on a weekend or public holiday, the debit may be processed on the next business day after the Sunday or public holiday.
14.6.2 Should you choose to pay your monthly instalments by debit order, we reserve the right to track the nominated bank account and present the instruction for payment as soon as sufficient funds are available in the nominated bank account to ensure successful payment.
14.6.3 You agree to pay any bank charges and fees relating to the debit order instruction.
14.6.4 The debit audit instruction cannot be assigned to any third party, unless your Agreement is ceded or assigned to a third party, in which event the debit order authority may then be ceded or assigned to that third party.
14.7 If your address or details where you received your statements change, you must let us know so that the change can be made. You understand that if you do not do so, your statements will be returned and we will not send statements until you provide us with updated details.
15. You CAN PAY MORE THAN THE MINIMUM PAYMENT
15.1 You can pay more than the minimum payment shown on your statement each month. You are required to pay at least the minimum payment due each month.
15.2 We will apply the payments as follows:
15.2.1 first to pay any interest that is due;
15.2.2 second to pay any fees or charges that are due;
15.2.3 third to reduce the amount of the Principal Debt that you still owe to us.
16. EARLY SETTLEMENT
16.1 You may end this agreement early on the conditions set out below. If you end this agreement early, the date on which this Agreement ends will be called the settlement date.
16.2 To end this Agreement early, you should contact us to find out the amounts you still owe us. You may ask to end the agreement immediately or at a future settlement date. We will tell you the total amount you owe on the settlement date, that will include all of the following:
16.2.1 the amount of the Principal Debt you owe at the settlement date;
16.2.2 interest you owe on the Principal Debt at the settlement date;
16.2.3 the fees and charges you owe at the settlement date.
16.3 You must destroy (by cutting through the magnetic stripe and account number). A Card that is not destroyed correctly may still be used and should this happen you will be responsible for the payment of all transactions that may take place.
17. YOU MUST PAY COLLECTION COSTS IF WE BRING LEGAL PROCEEDINGS
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 as per the NCA.
18. YOU MUST PAY COLLECTION COSTS IF WE BRING LEGAL PROCEEDINGS
18.1 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.
18.2 The costs are determined by various laws, including:
18.2.1 the Supreme Court Act, 1959
18.2.2 the Magistrates’ Court Act, 1944
18.2.3 the Attorneys Act, 1979
18.2.4 the Debt Collectors Act, 1998.
18.3 The collection costs exclude the default administration fee.
19. WHEN YOU ARE IN DEFAULT
19.1 You are in default of this Agreement if:
19.1.1 you do not pay any amount you owe us on the due date;
19.1.2 you breach any of the terms and conditions of this Agreement and you do not correct this within 7 (seven) days after we let you know;
19.1.3 anything you said, declared or promised is incorrect or false;
19.1.4 you voluntarily surrender your estate or die;
19.1.5 you are placed under administration or become insolvent;
19.1.6 you cannot pay your debt;
19.1.7 your assets have been attached or judgment has been given against you;
19.1.8 you try to reach an agreement with your creditors to delay payment of your debt.
20. WHAT WILL HAPPEN IF YOU ARE IN DEFAULT
20.1 If you are in default, we may –
20.1.1 give you written notice of such default and suggest that you refer this Agreement to a debt counsellor, an alternative dispute resolution agent, a consumer court or an Ombud with jurisdiction, to resolve any dispute or reach an agreement to bring repayments up to date.
20.1.2 take legal steps to enforce this Agreement if –
18.104.22.168 we gave you written notice as above or we gave notice to end any debt review process; and
22.214.171.124 you are in default under this Agreement for at least 20 (twenty) Business Days; and
126.96.36.199 it has been at least 10 (ten) Business Days since we gave you notice as above; and
188.8.131.52 if we gave you notice as above and you did not respond to that notice, or you did not accept our proposal; and
20.1.3 recover collections costs and default administration charges from you.
21. CERTIFICATE OF INDEBTEDNESS
A certificate signed by any of our managers specifying the amount owing by you to us and further stating that such amount is due, owing and payable by you, shall be sufficient proof of the amount thereof and of the fact that such amount is so due, owing and payable for the purpose of obtaining provisional sentence or other judgment in any competent court. It shall not be necessary to prove the appointment of the person signing any such certificate.
22. WE NEVER 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 but do not enforce it 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.
23. Governing law
South African law governs this agreement and it must be interpreted by the laws of the Republic of South Africa. This applies even if the parties do not live in the Republic of South Africa.
24. YOU AGREE THAT WE MAY BRING LEGAL PROCEEDINGS IN THE MAGISTRATE'S COURT
You agree that we may bring legal proceedings against you for this Agreement in any Magistrate’s Court that has the authority to hear and decide on the case. (This authority is called jurisdiction.) You agree to the jurisdiction of the Magistrate’s Court even if the amount we claim from you is more than the Magistrate’s Court limit. This does not stop us from bringing legal proceedings in a High Court that has jurisdiction.
25. TRANSFERRING RIGHTS OF OBLIGATIONS
25.1 You may not transfer any of your rights or obligations under this Agreement.
25.2 You agree that we may transfer some or all 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.
26. YOU HAVE THE RIGHT TO APPLY TO A DEBT COUNSELLOR
You have the right to apply to a debt counsellor who will consider your application to determine if you are over-indebted (this means that you have more debts than you are able to pay) or if you were given credit recklessly.
27. PROCESS TO FOLLOW IF YOU HAVE A COMPLAINT
27.1 If you have a complaint or dispute, you can do any one or more of the following:
27.1.1 Visit an Ackermans store and ask the customer services desk to connect you to the Tenacity Service Centre
27.1.2 Contact our Service Centre on 0860 900 100
27.1.3 Write a letter of complaint and send it to –
Tenacity Financial Services, P.O. Box 6387, Parow East, 7501, South Africa
27.1.4 Email: firstname.lastname@example.org
27.2 If we cannot resolve your complaint we will let you know. If you are not satisfied with the outcome of your dispute or complaint, you can refer the complaint or dispute to an alternative dispute resolution agent or contact the applicable regulatory body on the contact details below.
27.3 You can file any credit related complaints with the National Credit Regulator on:
Telephone: (011) 554-2600 or 0860 627 627
Fax: (011) 484-6122
Post Address: 127, 15th Road, Randjespark, Midrand
28. ADDRESSES FOR NOTICES
28.1 You agree to accept any notice and legal processes under this Agreement at the address you give to us on the phone or on your application. This address is known in law as your domicile. The notices and processes include letters reminding you of payments you have missed, letters of demand, a summons and other legal notices. A legal process includes the ways we can enforce any court judgment, for example, a summons, attaching your property and selling it to recover money you owe to us. Legal process also refers to the formal/legal document served to start proceedings, for example, a summons. If we send you a letter by registered post, we will treat it as if you received the letter four (4) days after we posted it. If you dispute this, you will have to prove that you did not receive the letter at that time.
28.2 If you want to change the address at which you agree to accept notices and legal processes, the you must give us notice by mail to PO Box 6387, Parow East, 7501 or emailed to Ackermans@tenacityinc.co.za.
29. THESE TERMS AND CONDITIONS ARE THE WHOLE AGREEMENT
29.1 The Agreement is the whole agreement between you and us. Neither party is legally obliged to comply with any express or implied term, condition, undertaking, representation, warranty, or promise not recorded in the Agreement. The Agreement replaces any arrangement or understanding held by the parties before this Agreement was signed.
29.2 If you want copies of documents relating to your account, we will send these to you and we may charge a fee for this.
29.3 We monitor and record all our telephone calls and other interactions with you.
EACH CLAUSE IS SEPARATE
29.4 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 or in any jurisdiction, it will be treated as if it had not been written.
29.5 This does not:
29.5.1 make the rest of the agreement illegal, invalid or unenforceable
29.5.2 affect the legality, validity or enforceability of the clause in another jurisdiction.
30. WE MAY CHANGE THESE TERMS AND CONDITIONS
30.1 We may change the provisions of the Agreement at any time and most of the time do not need your permission to do so. We will inform you of any changes and the date the changes apply from by doing one or more of the following:
30.1.1 sending you a notice of the changes we intend to make or have made;
30.1.2 sending you a new set of terms and conditions to replace these terms and conditions; or
30.1.3 setting out the changes on your monthly statement.
Terms and Conditions
1. You need to spend a minimum of R50.00 in an Ackermans store in order to request cash-back.
2. You can only request cash-back when a debit card was used to make a purchase.
3. You will need to enable the cash-back with purchase function with your respective banking institution(s) prior to making use of the cash-back with purchase function.
4. You can only request a cash-back amount of between R50.00 (minimum) – R500.00 (maximum) per transaction. The maximum daily cash-back amount you can request is R1 500.00.
5. Your bank will determine your maximum daily cash-back amount. Any cash withdrawals that you’ve made at a bank ATM or at other retailers during the day will be added towards your maximum daily withdrawal allowance.
Terms and Conditions
1. Lay-by deposits will vary from 10 to 20% per store.
2. The agreement expires on date of final payment or 3 months after commencement, whichever comes first.
3. Lay-byed goods shall remain the property of Ackermans until the final payment is made.
4. This agreement requires regular payments
5. This agreement may be terminated by the purchaser at any time prior to the expiry date, whereby Ackermans will refund the money already paid in full.
6. Should the agreement expire before full payment has been received, the purchaser will be entitled to a refund of the money already paid on an Ackermans Gift Card.
7. Collection of lay-by goods may only be done by the purchaser. If you would like somebody else to collect your lay-by on your behalf please provide them with a signed letter of permission and a copy of your ID.
These terms and conditions govern your relationship with us and regulate the transfer of money from Sender to the Recipient.
1 PARAGRAPHS IN BOLD
Please take special note of the paragraphs printed in bold since they:
1.1 constitute an acknowledgement of a fact by you;
1.2 limit and exclude obligations, liabilities and legal responsibilities which we will have towards you and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you;
1.3 constitute an assumption of risk by you and may result in you being liable for increased or additional costs.
2 HOW TO INTERPRET THESE TERMS AND CONDITIONS
21. In these terms and conditions, 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:
2.1.1 Absa/We/Us/Our means Absa Bank Limited (registration number 1986/004794/06), a public company duly registered as a bank under the laws of the Republic of South Africa, with registered address at 7th Floor, Absa Towers West, 15 Troye Street, Johannesburg, 2001;
2.1.2 Access Channel means the channel provided to the Sender to transfer money and for the Recipient to withdraw the money and includes the Retailer POS, the cellular network, ATMs and Participating POS;
2.1.3 Access Code means the 4 (four) digit number, this is a user selected code chosen by the Sender on initiation and is a security and authentication measure. The Sender provides the Access Code to the Recipient, to use the Access Code with the Withdrawal Number to withdraw money from an ATM or Participating POS.
2.1.4 ATM means an ABSA automated teller machine where CashSend is available;
2.1.5 Participating POS means the point of sale as notified to You from time to time, where the Recipient is able to withdraw money;
2.1.6 Money Transfer Service means the service regarding the transfer of money from the Sender to the Recipient by means of the Access Channel;
2.1.7 Money Transfer Transaction means the transaction of transferring money from the Sender to the Recipient by means of the Access Channel;
2.1.8 Recipient means the beneficiary that the Sender transfer money to and who will be able to withdraw the money via an Absa ATM or at a Participating POS without a card;
2.1.9 Transaction Reference Number means the 10 character alpha numeric issued by us to you for a specific Money Transfer Transaction and used by you for enquiry and transactional purposes;
2.1.10 Retailer means for purposes of this agreement Pepkor Trading (Pty) Ltd (Registration Number 1958/003362/07) a private company registered in accordance with the laws of the Republic of South Africa with registered address at 36 Stellenberg Road, Parow Industria;
2.1.11 Retailer Outlet means any retail trading store of the Retailer;
2.1.12 Retailer POS means the point of sale in a Retailer Outlet where the Money Transfer Service are provided means the point of sale in a Retailer Outlet where the Money Transfer Service are provided
2.1.13 Sender means the person who instructs us to transfer money;
2.1.14 SMS means short messaging services whereby text is sent over an electronic communications network;2.16 Reference to –
2.1.15 Withdrawal Number means a 10 (ten) digit number issued by us and printed on the Sender`s receipt. The Withdrawal Number is used by the Recipient, together with the Access Code that the Sender must send to the Recipient, to withdraw money from an ATM or at a Participating POS;
2.1.16 You means the Sender and the Recipient.
2.2 Reference to:
2.2.1 the singular form of a word includes the plural;
2.2.2 the plural form of a word includes the singular;
2.2.3 a law or regulation is a reference to that law or regulation as amended from time to time.
3 STATUS AND CHANGES
3.1 These terms and conditions regulate the transfer of money from the Sender to the Recipient. It will become binding on the Sender for each money transfer from the moment that you hand over the money at the Retailer POS when a Money Transfer Transaction is initiated. Where applicable it will become binding on the Recipient for each transfer from the moment that the Recipient enters the Withdrawal Number at the ATM or the Access Code at the Participating POS.
3.2 We are entitled to amend these terms and conditions, any feature or benefit and the fees and costs relating to the Money Transfer Service from time to time by giving you reasonable prior notice of any such change.
3.3 If you continue to use the Money Transfer Service after the new rules begin to apply, the amended rules will apply.
4. REGISTRATION FOR THE MONEY TRANSFER SERVICE
4.1 To be able to use the Money Transfer Service you must meet certain criteria which are subject to change from time to time. You are informed of the criteria at the point of registration.
5 TRANSACTION LIMITS
5.1 We may set limits for amounts to be transferred in terms of Money Transfer Transactions from time to time within the legal limit allowed by the regulator. This includes a minimum and maximum amount to be transferred per transaction, a maximum amount to be transferred in total per week and a maximum amount to be transferred in total per month.
Current limits are:
6.1 You will be able to use the Money Transfer Service during the operating times of the various components of the Access Channel within the borders of the Republic of South Africa to transfer money to the Recipient, subject to the availability of the Access Channel. You acknowledge that the Access Channel may be unavailable due to cellular network outages, power outages and interruptions in and maintenance to the channel connections which is not within our control and we now give you notice of such unavoidable interruptions or delays. If the Recipient elects to withdraw the money from Participating POS, he/she will be able to do so during the operating times of the Participating POS.
6.2 It is the Sender`s responsibility to provide the Recipient with the Withdrawal Number, Access Code and the exact amount transferred by you.
6.3 The Recipient can only withdraw the money at an ATM by entering the Access Code, Withdrawal Number and exact amount transferred by the Sender or at a Participating POS by providing the Withdrawal Number to the cashier and entering the Access Code into the PED (Pin-entry device). No withdrawals or refunds by the Sender and/or Recipient are allowed at the Retailer Outlets unless the Retailer is a Participating POS.6.3.1 your signature appears on the voucher, sales slip, or similar record evidencing that particular use of the Card; or
6.4 You accept and agree that any Money Transfer Transaction is effected at your own risk. Once an instruction has been given to us to effect a Money Transfer Transaction, we will not be liable for incorrect or unauthorised withdrawals by any party, unless you are able to prove that the incorrect or unauthorised withdrawal was because of our negligence or because of internal fraud.
6.5 You must ensure that the money is withdrawn within 365 (three hundred and sixty five) days of your instruction to effect a Money Transfer Transaction. The Sender can withdraw the money if the Recipient doesn’t, or the money will be credited to an unclaimed funds account that will not earn any interest.
6.6 If the Access Code or Withdrawal Number is lost or if the Sender wants to stop a transfer, you must contact the customer service at 0860 777765 and we will explain to you how to proceed.
7 YOUR DUTIES
7.1 You must keep the Transaction Reference Number provided by us in respect of any Money Transfer Transaction for enquiry and transactional purposes.
7.2 You must take all reasonable care to prevent unauthorised use of and withdrawal of funds transferred via the Money Transfer Transaction.
7.3 If the Sender suspects that the Access Code or Withdrawal Number has become known to someone else or has been received by someone other than the Recipient, the Sender must immediately cancel the transfer by contacting the customer service at 0860 777765.
7.4 We accept no liability for any unauthorised or incorrect withdrawals in terms of the Money Transfer Service.
8 UNAUTHORISED USE OF THE ACCESS CODE AND WITHDRAWAL NUMBER
If any unauthorised person obtains the Access Code and/or Withdrawal Number in any manner whatsoever, such a person will be regarded as your agent with permission and with full authority to use the Money Transfer Service on your behalf, and to withdraw the transferred or withdrawal amount unless you are able to prove that the person has obtained the Access Code and/or Withdrawal Number because of our negligence or because of internal fraud in the bank.
9 LIABILITY FOR LOSS OR DAMAGE
9.1 We rely solely on the cell number provided by the Sender, when receiving any instructions from the Sender to transfer money. We will not check whether the Access Code and Withdrawal Number have been received by the intended Recipient to ensure that the Recipient withdraws and receives the money.
9.2 Unless gross negligence on our part is proved, we will not be responsible for any damage, loss or consequential damage that you may suffer as a result of:
9.2.1 any hardware or software that fails to function, or any defect in any hardware or software;
9.2.2 any act or omission (oversight or carelessness) by any service provider used by you for purposes of Money Transfer Transactions;
9.2.3 any access channel being off-line or unavailable;
9.2.4 any industrial action;
9.2.5 any other circumstances not reasonably within our control;
9.2.6 incorrect, unauthorised, incomplete or unlawful instructions;
9.2.7 unlawful or unauthorised access by any other person(s);
9.2.8 incorrect or late execution or non-payment of any instruction given by you, because of the circumstances set out in 9.2.1 to 9.2.7 above.
10 INDEMNITY AND WARRANTY BY YOU
10.1 You indemnify us and our agents (including the Retailer) against any damage, loss and/or consequential damage that you may suffer as a result of incorrect, wrong, unauthorised and/or wrongful instructions or information given by you or any other person authorised or deemed to be authorised to act on your behalf or as a result of incorrect, unauthorised and/or wrongful withdrawals of funds by any party.
10.2 You warrant to us that you have the required legal capacity to enter into and be bound by these terms and conditions.
11 RECORDING OF TELEPHONE CONVERSATIONS
For both your and our protection and to maintain the highest level of service, we and the Retailer may record telephone conversations between you and our staff in respect of the Money Transfer Service.
12.1 Any fees and charges in respect of the Money Transfer Service will be payable by the Sender and will be communicated to the Sender when the Money Transfer Transaction is initiated.
12.2 You accept that the Money Transfer Service is not a bank account and that you are not entitled to any interest for the period that the payment of the money to the Recipient is pending.
12.3 We can change or increase the fees or the method of calculating the fees from time to time if there is any change in taxation or statute or any significant change in market conditions that may cause any increase in our costs in making the Money Transfer Service available to you. We will give you reasonable written notice of any such change.
13 TERMINATION, SUSPENSION OR WITHDRAWAL OF THE MONEY TRANSFER SERVICE
13.1 You may not cancel/delete or stop a Money Transfer Transaction if the funds have been withdrawn.
13.2 We can, upon reasonable written notice to you and if we so decide, terminate the Money Transfer Service at any time we consider it necessary.
13.3 In order to protect you, ourselves and the banking systems, we can immediately suspend or withdraw all of a Money Transfer Transaction if:
13.3.1 the Money Transfer Transaction is not used according to these terms and conditions;
13.3.2 we have reasonable grounds to believe that the Money Transfer Transaction may be used negligently, illegally or fraudulently; or
13.3.2 we believe that the security of the systems used to provide the Money Transfer Transaction may be compromised.
13.4 You are responsible for all transactions and obligations (and related fees) that are incurred up to and including the date of termination.
14. YOUR PERSONAL AND FINANCIAL INFORMATION
14.1 You consent to:
14.1.1 us sharing your personal information (“PI”) (which includes your financial information) with the Retailer;
14.1.2 the processing of your PI by us and/or the Retailer, other group companies in our and the Retailer`s group, any of their operators, agents and sub-contractors (who may be outside South Africa) on the condition that they will keep such information confidential;
14.1.3 the collection of your PI from any other source to supplement the PI which us and/or the Retailer has about you;
14.1.4 the retention by us and/or the Retailer of your PI for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;
14.1.5 us and/or the Retailer using your PI to send you information about products, services, and special offers of the various companies in our and/or the Retailer group of companies that may be of interest or value to you;
14.1.6 us and/or the Retailer conducting a credit enquiry about you with any credit bureau or credit provider and providing your PI, including the manner in which you conduct your account, to:
184.108.40.206 credit risk management services (including credit bureaux); and/or;
220.127.116.11 crime prevention agencies.
14.1.7 if you choose to be excluded from direct marketing campaigns, you must advise us in writing or register a block on any registry which we are bound by law to recognise
14.1.8 you accept that information transmitted through the internet or any other communication system, including wireless communication system and cellphones, is open to unlawful access, distortion and monitoring. You agree that you use the Money Transfer Service at your own risk.
15. GOVERNING LAW AND JURISDICTION
15.1 This contract is governed in all respects by the laws of the Republic of South Africa. You agree that we may bring legal proceedings against you relating to these terms and conditions in any Magistrate’s Court that has the authority to hear and decide on the case. (This authority is called jurisdictions). You agree to the jurisdiction of the Magistrate’s Court even if the amount we claim from you is more than the Magistrate’s Court limit. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction.
16. WE DO NOT LOSE OUR RIGHTS
16.1 We do not lose any of our rights hereunder 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.
17. TRANSFERRING RIGHTS OR OBLIGATIONS
17.1 You may not transfer any of your rights or obligations in the contract to anyone else without first getting our written permission in advance.
17.2 We may transfer all or some of our rights and obligations in the contract 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”, will include the person to whom we have transferred any of our rights or obligations in terms of this clause.
18. LEGAL COSTS
18.1 Either party will be liable to pay to the other party legal costs in connection with this agreement on the attorney and client scale, provided it is so awarded.
19.1 These terms and conditions are the only record of the contract between the parties in regard to the subject matter of these terms and conditions. Unless a court holds otherwise, no party is legally obliged to comply with any term, condition or undertaking not recorded in these terms and conditions, and these terms and conditions replace any arrangement or understanding held by the parties before these terms and conditions governed their relationship.
19.2 The parties acknowledge that each provision of these terms and conditions is separate. If any provision of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, it must be treated as if it had not been included in these terms and conditions. This does not:
19.2.1 make the rest of these terms and conditions illegal, invalid or unenforceable; or
19.2.2 affect the legality, validity or enforceability of any other provision or these terms and conditions as a whole.