Quotation
Quotation
SUMMARY
ADDITIONAL INFORMATION
PART A: Additional Charges
Not applicable
PART B: Optional Items
Optional items which will be added to your instalment
Not applicable
PART C: Security Provided
Not applicable
PART D: Repayment arrangement
Date of first instalment 27 May 2023 Payment day each month 27th
Note: Debit order deductions will be made on the payment date specified in this agreement or on the last business day preceding this date where this falls on a public holiday or
weekend. The following abbreviated name will show on your bank statement: REMOBICRED
The summary section above is intended for illustrative purposes only. Calculations shown are based on the maximum credit limit available to you, interest and fees are variable rates and, as a result, are subject to change.
Refer to the terms and conditions to view your rights and obligations.
RCS is a registered Credit and authorised Financial Services Provider NCRCP 38, FSP44481
Quote is binding for 5 days
TERMS AND CONDITIONS : mobicred (PTY) LIMITED
1. Definitions
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
account, 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. “Consumer Protection Act” means the Consumer Protection Act, No. 68 of 2008, together with its regulations, as amended from time to
time;
1.5. “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;
1.6. “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;
1.7. “Initiation fee” means a fee charged by us to you in order to create a credit facility for you;
1.8. “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;
1.9. “Merchant” means any merchant from whom you are able to purchase goods and/or services on your credit account; or any person to
whom it transfers any of its rights or obligations under this agreement;
1.10. “Mobicred” means Mobicred Proprietary Limited (Registration Number: 2012/163391/07), of 14th Floor, 1 Thibault Square, Long Street,
Cape Town 8000, 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;
“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. “Service fee” means a fee charged by us to you for the administration of your credit facility.
4. Application
4.1. By completing, signing and submitting an application, you:
4.1.1. are applying to us for a credit facility. This agreement, read together with our self-service portal terms and website terms of use,
where applicable, contains the terms and conditions upon which we are willing to provide such a credit facility to you; and
4.1.2. confirm that you have read and understand these terms and conditions, the meaning and consequences of this agreement; and
4.1.3. confirm that you are the person whose details you have given to us as the applicant in the application form.
4.2. 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.
4.3. 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:
4.3.1. 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
4.3.2. you are or become a citizen, resident or national of the United States of America; or
4.3.3. you relocate to any place outside of the Republic of South Africa.
4.4. Should any of the events in clause 4.3.1 to 4 .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 4.3
above or whether we established independently that the clause(s) applies to you.
Page 1 of 6
4.5. Should the major sanctioned country list be updated by us, your obligations in terms of clause 4.3.1 above and our rights in terms of
clause 4.4 will apply to such updated list.
4.6. 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.
4.7. 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.
4.8. 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.
4.9. 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 the Mobicred website. If you do not agree with the new terms, you must immediately let us or Mobicred
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.
7. Merchants
7.1. 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.
7.2. 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.
7.3. If you have a dispute with a merchant, that dispute will not entitle you to–
7.3.1. instruct us to refuse to pay the merchant for goods purchased or services obtained by you on your account; or
7.3.2. 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
7.3.3. instruct us to reverse a payment already made to the merchant.
Page 2 of 6
7.4. We will not be liable to you if any merchant refuses to sell goods or services to you in exchange for payment using your credit facility. 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.
7.5. Any refund by a merchant to you must be paid to us so that we can credit your account.
7.6. When we receive a credit voucher issued by a merchant for goods purchased or services obtained by you with your credit account, we will
credit your account with the amount of the credit voucher.
7.7. 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.
9. Statement
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.
Page 3 of 6
10.3. You must pay your monthly instalments through a debit order. If you make additional payments through any of our other approved
payment methods from time to time, the method that you choose will be at your risk. Payments will only be effected when we receive
and process it.
10.4. If your debit order 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. 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. We may track your account and 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 or make a payment arrangement.
10.10. If you wish to settle your account, you must first contact Mobicred 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 Mobicred to 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.
12. Termination
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;
12.1.2. you fail to comply with any term or condition of this agreement, our self-service portal terms or our website terms of use;
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).
Page 4 of 6
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.
14. Bureaus
14.1. You consent to and agree that we may at any time (even if you no longer have an account with us or 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.
Page 5 of 6
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. General
15.1. When you use our or the Mobicred website or any of our other electronic channels, you do so entirely at your own risk. We cannot be
held liable for any damage or loss sustained by you, or a third party, arising out of your access or use of the electronic channels, or
reliance on any information contained thereon. You indemnify us accordingly. We do not warrant that the functions provided by these
channels will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other
harmful components. We further do not warrant that the content or information displayed is always accurate, complete and/or current.
The provisions of this clause applies together with our website terms of use and our self-service portal terms.
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.
15.10. The agreement, and, where applicable, our self-service portal terms and conditions and website terms of use, forms the whole agreement
between you and us regarding your credit agreement and account, which are governed by and interpreted in accordance with the laws of
the republic of South Africa.
Page 6 of 6