TERMS AND CONDITIONS OF THE ACKERMANS ACCOUNT CARD AND CREDIT FACILITY
WITH
ACKERMANS SWAZILAND (PTY) LTD
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 Payment
Schedule, subject to the terms and conditions of this Agreement.
1.2 The details of this Agreement are reflected in the Payment Schedule 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 Payment Schedule and all written notices
we send to you in accordance with the relevant laws;
2.2 Business Day" means Monday to Friday and any day that is not a Swaziland 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 Payment Schedule or any
increased or decreased facility amount;
2.7 "Participating Branches" means branches of Ackermans Swaziland, as may be amended or
updated from time to time;
2.8 "Pepkor Group" means the group of companies which are either directly or indirectly held by
Pepkor Holdings (Pty) Ltd;
2.9 "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;
2.10 "Principal Debt" means the deferred amount to which interest, fees and charges are added;
2.11 "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;
2.12 "We", "Us" and "Our" unless it is specifically mentioned otherwise, means Ackermans
Swaziland (Proprietary) Limited with the registration number 32/1972 and includes any
holding, affiliated or subsidiary company of any of them and their successors in title;
2.13 "You" or, "Your" means the account holder who we agree to give credit to and identified by
name in the Payment schedule;
2.14 Reference to –
2.14.1 one gender includes all the genders;
2.14.2 the singular form of a word includes the plural;
2.14.3 the plural form of a word includes the singular;
2.14.4 a law or regulation means that law or regulation on the date you sign this Agreement.
2.15 If there is a conflict between the terms of the Payment Schedule we gave to you and these
terms and conditions, the terms of the Payment Schedule 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.
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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 +27 (0)21 928 1040. 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.
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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 Payment Schedule 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, where allowed by the
relevant legislation, which is reflected in the payment schedule. 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 such legislation.
8.6 We may charge an initiation fee which will be disclosed to you upon application for the credit
facility, where allowed by the relevant legislation.
8.7 We may also change any fees and charges set out in the Payment Schedule. Which we will
communicate to you within 30 business day after the change has been made.
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 is 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.
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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 relevant
laws.
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, 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 by 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) on the condition that they
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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;
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 (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) 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.
13.3 The provision of your PI in terms of this agreement is voluntary.
13.4 Subject to applicable law, you may access the PI we have about you by contacting our Service
Centre on +27 (0)21 928 1040 and request that applicable corrections be made.
13.5 If you are unhappy about the way we process your PI, you should contact our call centre on
+27 (0)21 928 1040. Alternatively, you may lodge a complaint to the relevant authority.
13.6 If you choose to be excluded from direct marketing campaigns in the future, you must advise
us by contacting us on +27 (0)21 928 1040 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.
14.3Non-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.
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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.
14.7 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.
16.3You 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 A DEFAULT FINANCE CHARGES FOR LETTERS OF DEMAND
We will charge you a fee each time you miss one or more payments and we have to write a
letter to you to advise you of your default.
18. YOU MUST PAY COLLECTION COSTS IF WE BRING LEGAL PROCEEDINGS
If we institute legal action against you, you will be liable for all legal costs, which will include
but not be limited to legal costs on an attorney and client scale, all collection and tracing costs;
revenue stamps and sheriff costs, and related value added tax charges. These will be debited
to your account.
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19. WHEN YOU ARE IN DEFAULT
19.1You 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
resolve any dispute or reach an agreement to bring repayments up to date.
20.1.2 take legal steps to enforce this Agreement if you are in default under this Agreement for at
least 20 (twenty) Business Days; and
20.1.2.1 it has been at least 10 (ten) Business Days since we gave you notice as above; and
20.1.2.2 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 Default finance 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.
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23. TRANSFERRING RIGHTS OR OBLIGATIONS
23.1 You may not transfer any of your rights or obligations under this Agreement.
23.2 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.
24. PROCESS TO FOLLOW IF YOU HAVE A COMPLAINT
24.1 If you have a complaint or dispute, you can do any one or more of the following:
24.1.1 Visit an Ackermans store and ask the customer services desk to connect you to the
Tenacity Service Centre
24.1.2 Contact our Service Centre on +27 (0)21 928 1040 or write a letter of complaint and
send it to [email protected]
25. ADDRESSES FOR NOTICES
25.1 The physical address you provide when applying for the credit facility will be regarded as your
chosen address where notices may be given and documents in legal proceedings may be
served.
25.2 If you want to change the address at which you agree to accept notices and legal processes,
you must give us notice by email to [email protected]
26. THESE TERMS AND CONDITIONS ARE THE WHOLE AGREEMENT
26.1 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.
26.2 If you want copies of documents relating to your account, we will send these to you and we
may charge a fee for this.
26.3 We monitor and record all our telephone calls and other interactions with you.
27. EACH CLAUSE IS SEPARATE
27.1 The parties acknowledge that each clause of this Agreement is separate. If any clause of this
Agreement is or becomes illegal, invalid or unenforceable for any reason or in any jurisdiction,
it will be treated as if it had not been written.
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27.2 This does not:
27.2.1 make the rest of the agreement illegal, invalid or unenforceable;
27.2.2 affect the legality, validity or enforceability of the clause in another jurisdiction.
28. WE MAY CHANGE THESE TERMS AND CONDITIONS
28.1We 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:
28.1.1 sending you a notice of the changes we intend to make or have made;
28.1.2 sending you a new set of terms and conditions to replace these terms and conditions; or
28.1.3 setting out the changes on your monthly statement.
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