SCK 3703 Ackermans_Tenacity_TermsConditions.

TERMS AND CONDITIONS OF THE ACKERMANS ACCOUNT CARD AND CREDIT FACILITY WITH TENACITY, A DIVISION OF PEPKOR TRADING (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 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 2 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, a division of Pepkor Trading (Pty) Ltd., a private company duly incorporated in accordance with the laws of the Republic of South Africa with business address 31 Industrie Street, Kuils River, Cape Town and registered credit provider NCRCP13053, 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. 3 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 . 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.