SUPPLIERS. WHY IT PAYS YOU to shop with our b-smart card, issued and supported by Cape Consumers since 1947

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1 CAPE CONSUMERS (PTY) LTD APPLICATION FORM WHY IT PAYS YOU to shop with our b-smart card, issued and supported by Cape Consumers since 1947 GET UP TO 5% CASH BACK ON YOUR SHOPPING In November, just over Cape Consumers cardholders will receive a cash back bonus of up to 5% on their shopping. This annual bonus has been paid out since Cape Consumers was established in 1947! More shoppers become Cape Consumers cardholders each year as shoppers nowadays demand more value for money when buying for themselves, their families and homes. With the b-smart card, it s great to know you will be getting something back for doing something as ordinary as shopping. WIDE VARIETY OF SHOPS With our unique buying system and the purchasing power of our members, we have been able to negotiate discounts with retailers. Many of these are national suppliers such as Ackermans, Woolworths, Shoprite, Checkers and Checkers Hyper, Tiger Wheel & Tyre, Game, Cape Union Mart, Builders Warehouse and many more. In fact, more than retailers accept our card! UP TO 45 DAYS OF INTEREST-FREE CREDIT As our trading month runs from the 16th to the 15th of the following month, you get up to 45 days to pay for purchases. Please note that the full amount outstanding on your open account is payable every month. BUDGET FACILITY After 6 months membership, you may apply for a budget account that gives you up to 36 months to pay for the more expensive items, while still earning a bonus! PERSONAL LOANS On application (after 3 months membership), you can enjoy highly competitive rates on personal loans. ONE MONTHLY PAYMENT SAVE ON BANK CHARGES With one combined payment to Cape Consumers, you save on bank charges and can manage your monthly shopping more easily. The b-smart card is not just another credit card - it is the most popular Grocery and Insurance card in South Africa! BE SMART AND JOIN W! If you earn a minimum basic salary / receive income of at least R4 000 per month and have a sound credit record, you can apply for a b-smart card and enjoy all these amazing benefits. Simply complete the attached application form and post the original form, together with copies of your latest pay slip / proof of income and ID document, to: Cape Consumers PO Box 2181 Cape Town 8000 (For provisional approval, please fax your application to ) SUPPLIERS The following suppliers will accept your SAARP/ b-smart card at outlets everywhere in South Africa: Ackermans Aroma* Bata Brito s* Builders Express Builders Warehouse Cape Union Mart Checkers Checkers Hyper Clothing City Cube Die Burger* DionWired Dischem Doves funeral services Drop Inn* Excelsior* Factory Shoe Shop Game House & Home Hungry Lion Jay Jays Juta Lashies* LCD Liquors* Liquor Store (Shoprite/Checkers) Liquor Town Mastertreads Mediclinic Medirite Pharmacies (Shoprite/Checkers) Next Step* OK Furniture Pep Stores Picardi bottlestores* Pick n Pay Family Stores** PNA Prima Tyres* Ranch Meat* Romens men s outfitters* Russells Shoe City Shoe Connection* Shoerama* Shoprite Spar & Superspar** Ster Furnishers* Tafelberg Furnishers* Tekkie Town Tiger Wheel & Tyre Trade Centre Trentyre U-Save (selected) Woolworths WP Cellars * Card accepted in the Western- and Eastern Cape only ** Selected stores in the Western Cape For more information on where you can use your SAARP/ b-smart card, visit our website at 1/5

2 Application form: b-smart Card Cape Consumers (Pty) Ltd is a registered Credit Provider in terms of the National Credit Act. Registration number: NCRCP501 FOR OFFICE USE: Account number: Reg Nr/Reg No 1955/003218/07 (Edms) Bpk (Pty) Ltd NKR Reg Nr/NCR Reg No: NCRCP501 Cape Consumers (Pty) Ltd Atlantic Centre, 3 rd Floor, 14 Christiaan Barnard Street, PO Box 2181, Cape Town, 8000 Telephone: ; Fax: capecon@capeconsumers.co.za Website: A. PERSONAL INFORMATION (Required) Title First name in full initials Surname SA ID no. Telephone numbers *Please attach copy of identification document RSA Resident H W Cell Fax Physical address Postal code Postal address (if different from physical address) Postal code Do you own fixed property? If not, do you: Rent Live with your parents Years at present address Marital status Married Single Divorced Widowed In community If married of property Antenuptial contract Customary law Number of dependants Preferred language ENG AFR Were you previously a member of Cape Consumers? If Yes please quote membership number B. EMPLOYMENT DETAILS (Required) Type of employment: Self-employed Commission earner Contracted Permanent Pensioner Full name and address of present employer Occupation Years of service * If less than 5 years complete previous employer Name of previous employer Years of service C. FRIEND OR RELATIVE INFORMATION (Required) (not living with you) This information is confidential and will not be used for marketing purposes Surname Home Tel No. Work Tel No. Initials Relationship Cell No. Home Address (not a box no.) D. BANK DETAILS (Required main account) Name of bank Branch name Branch code Account number Type of account (preferably current) E. DEBIT ORDER INSTRUCTIONS (Optional only if this payment option is preferred) To the bank: please make withdrawals from the nominated account on the date of payment of my account Name of bank Branch name Branch code Account number Type of account Date of debit order First working day Last working day Account holder s signature F. AUTHORISED USERS (Optional) Name Relationship Identification no. Signature Name Relationship Identification no. Signature You will be responsible for payment of purchases made with these cards. Please note that the issuing of additional cards remains in the sole discretion of the Credit Provider. 02/5

3 G. MARKETING OPTIONS (You may choose to receive marketing material by ticking the suitable boxes below) H. AFFORDABILITY ASSESSMENT You must provide a copy of your latest payslip I would like Cape Consumers to inform me of their own products (loans, budgets, HP s etc). I would like Cape Consumers to send me s or SMS messages on behalf of suppliers to offer special deals. Monthly income Gross monthly salary (before deductions) and other income Payslip deductions e.g Medical Aid; Pension; Tax; Net take home pay A B A-B I would like to receive s or sms messages from suppliers that offer exclusive deals on behalf of Cape Consumers. Total monthly income I would like to be included in telemarketing campaigns by or on behalf of Cape Consumers. I want to be considered for an automatic yearly credit limit increase. How do you want to receive your statement? Via: (You need to have Adobe Acrobat Reader 5.4 or higher installed on your computer) Post Monthly commitments Bond repayment / rent Rates; water; electricity Food Transport Educational costs Communication: telephone; cell Where did you hear about us? Website Newspaper Shopping Centre Post Subtotal C Accounts (monthly) Member referral: Member no: Personal loan repayments Credit cards / store cards Vehicle finance I. CREDIT AND PAYMENT HISTORY In the past 3 months, have you applied for a debt review or debt counselling or are you presently under administration or debt review? Do you have any dispute in process with a Credit Bureau? Furniture accounts Clothing accounts Subtotal D The Credit Provider shall at its business premises keep available a copy of the Terms and Conditions as well as on its website at Total monthly commitments C+D K. J. CONFIRMATION OF APPLICATION, ACKWLEDGEMENT AND CONFIRMATION CONSENT OF CONSENT If you are married in community of property or in terms of customary/foreign law, you confirm that you have the consent from your husband/wife to enter into this credit agreement. Please confirm agreement by ticking the box., I agree that Cape Consumers may check my credit record, with any credit bureau or other credit providers and verify all information on this application form. I warrant that I have read the terms and conditions on the reverse side of this application and that I have given full and true answers to all the questions and requests for information. I confirm that I understand the risks and costs that will apply to this agreement and my rights and obligations under this agreement. If I am under administration, the administrator of the estate is in agreement that I may apply for credit and confirms this by signing with me. Applicant s signature Consent by administrator (if under administration) Signed at on this day of IMPORTANT! INCLUDE THIS WITH YOUR APPLICATION: A copy of your identity document A copy of your most recent salary receipt 03/5

4 COST OF CREDIT Administration fee (b-smart) Free for the first 2 years, thereafter R per year Card fees: Card fee on each additional card Card protection Card fee on replacement Payments: We will recover the following charges: Cash payments at FNB - cash deposit fee (per R100.00) R 0.75 (Minimum fee of R6.12 applies) Cheque deposit fee R 6.12 Each payment at the Post Office R Each payment at Shoprite Money Market R 5.94 SMS balance enquiry (optional) R per annum R 6.00 per annum R per card R 3.00 per SMS Interest rate: Any amount not paid on due date, will bear interest at 6% per year above First National Bank s prime lending rate and will change according to First National Bank s prime lending rate. Bonus: You will forfeit (lose) your bonus on any amount not paid on the due date. Transaction fees Transaction based: Purchase transaction fee R 0.85 Monthly: Surcharge on purchases: The following fees are your contribution towards your bonus which is paid out during November each year. All purchases at Shoprite, Checkers, Checkers Hyper, Liquor Store, House & Home and OK Grocer/Mini Market/Food/Furniture Stores: 2.50% Woolworths, Spar Group, Tops Liquor Stores, Pick n Pay Family Stores, Pick n Pay Liquor Stores, Seven Eleven and Fruit & Veg City: 2.00% Builders Warehouse, DionWired, Game and Game Liquor Stores: 1.25% All purchases at pharmacies (no bonus): 1.25% All monthly petrol purchases (no bonus): 2.50% (These fees and surcharges may change. If they change we will inform you) TERMS AND CONDITIONS: 1. DEFINITIONS: 1.1 agreement means the quotation together with these terms and conditions; 1.2 account means your account with us; 1.3 Act or NCA means the National Credit Act, No 34 of 2005 and Regulations published in terms of the NCA; 1.4 application means the written application by the consumer for a b-smart card; 1.5 Cape Consumers or credit provider or us means Cape Consumers (Pty) Ltd, Registration No. 1955/003218/07, of 20 Lower Burg Street, Cape Town; 1.6 card means the b-smart card, a valid electronic card that Cape Consumers issues to the consumer to use for transactions between the consumer and suppliers; 1.7 consumer or you means the person who entered into an agreement with Cape Consumers for a credit facility and b-smart Card on these terms and described as a buyer in our Memorandum of Incorporation; 1.8 credit bureau means any or all of the following: Experian (Head Office), contact number , TransUnion (Head Office), contact number , Compuscan (Head Office), contact number , Expert Decision Systems (XDS) (Head Office), contact number ; 1.9 credit limit means the maximum amount that the consumer can spend in a trading period as per the quotation; 1.10 due date means the last working day of each calendar month; 1.11 facility means the credit facility that Cape Consumers provides to consumers on the terms of the agreement; 1.12 prime rate means the prime lending rate of First National Bank Limited; 1.13 quotation means the written quote with specified credit limit and other information as required by the Act; 1.14 supplier means any supplier of goods and/or services contracted by Cape Consumers to supply goods or services to consumers against payment with the card facility; 1.15 trading period means the period commencing on the 16th day of each month and terminating on the 15th day of the following month, or any other period that Cape Consumers determines from time to time; 1.16 cost of credit means the table that forms part of this agreement entitled COST OF CREDIT. 2. APPLICATION: 2.1 The consumer has applied for a facility and b-smart card with Cape Consumers. Cape Consumers has provided the consumer with a quotation and pre-agreement statement in terms of the NCA and the consumer has agreed to the terms of the quotation and pre-agreement. 2.2 The agreement will regulate the relationship between you and us in relation to the facility and use of the b-smart card. 2.3 The NCA applies to the agreement. 3. PAYMENTS: 3.1 The consumer must pay the full amount due for each applicable trading period on the last working day of each calendar month, starting on the last day of the first month during which the consumer received his/her card(s). 3.2 If the consumer only receives his card after the 15th of any month, the consumer must pay for the purchases made after the 15th of that month on the last day of the calendar month following the current calendar month. 4. STATEMENT OF ACCOUNT: 4.1 Cape Consumers will deliver a monthly statement of account to you by mail or , as you choose. 4.2 The statement will show: the total amount due on the date that the statement is processed; the purchases for the month; the total surcharge for the month; the yearly interest rate that applies to any outstanding balance; the interest that the consumer must pay for the month. 4.3 As the consumer it is your duty to make sure that you receive your monthly statement. If you have not received your statement, you must tell us in writing. The fact that you did not receive a monthly statement, for whatever reason, does not mean that you do not have to pay the amount that is due and payable to us. 4.4 If you choose to pay us by cheque that you send through the mail, you accept all risk, which will include but not be limited to a third party fraudulently using the cheque, someone stealing the cheque or the cheque being lost. 4.5 It is important that you check your monthly statement to make sure that it is correct. If you do not agree with any item or entry on the monthly statement, you must write to us within 30 days of the date of the statement and tell us why you do not agree so that we can investigate it, get the relevant documents and make the necessary enquiries. In the interim you must still pay the full amount due to us as shown on your monthly statement. If there was indeed an error, we will refund you the amount that we owe you. 5. DEFAULT ADMINISTRATION COSTS: If you do not pay by the due date, we will charge you the following costs: Unpaid debit orders/cheques: R 89.25; Fee for letter of demand: R EARLY SETTLEMENT: You may settle the total amount due to us at any time. You do not need to tell us in advance, but if you want to settle the full amount, you must pay us the total unpaid balance of the principal debt at the time, as well as any unpaid interest and all other fees and charges due to us on the date that you settle the account. 7. CONSUMER S RIGHT TO CANCEL: 7.1 You may cancel the agreement by paying the total amount due, in terms of clause Before you make the final payment, you must request that we tell you what the total amount is and then we will give it to you either telephonically, or via fax or ADDRESS FOR TICE: 8.1 Cape Consumers chooses the address on the application form, as the address where it will accept all documents, pleadings and notices from the consumer in connection with the agreement. 8.2 The consumer chooses the physical address as on the application form, as its domicilium citande et executandi (the address where a summons or other legal documents or notices will be delivered to you) to accept service of all documents, pleadings and notices from Cape Consumers in connection with the agreement. 8.3 If you or us want to change the addresses for this purpose, it must tell the other party in writing what the new address will be. 9. CREDIT LIMIT DECREASE: You may at any time request in writing that Cape Consumers reduces or sets a maximum credit limit for your credit facility. 10. CREDIT BUREAU INFORMATION: You confirm, agree and acknowledge that: 10.1 Cape Consumers may send information about your application, opening and termination of an account to any credit bureau and that the information may be shared with other registered credit providers; 10.2 Cape Consumers may find, verify and receive information from other registered credit providers, when it considers your application or credit worthiness; 10.3 Cape Consumers may make enquires with third parties to check that the information that you supplied during the application process or at any time of the agreement, is correct; 10.4 if you do not comply with the agreement, we will report this to the credit bureau; 10.5 the credit bureau provides a credit profile and a credit score on your credit worthiness; 10.6 Cape Consumers can obtain and disclose the above information to any third party if: it may be to your benefit; we must do it in terms of the law; we believe that it is in our or the public s interest to disclose the information; 10.7 Cape Consumers, where required, may forward your personal information to the credit bureau. All subscribers to the credit bureau may access the information; 10.8 you can contact the credit bureau and request that your information be disclosed to you and insist that the credit bureau corrects any wrong information; 10.9 you may also file any complaints with the National Credit Regulator on or contact the National Credit Tribunal. 11. GENERAL: 11.1 The provisions of Cape Consumers Memorandum of Incorporation, as may be amended from time to time with the approval of a resolution of the buyers passed with a two thirds majority at a general meeting of the buyers and at which meeting at least 20 (twenty) buyers are present, regulates the affairs of Cape Consumers in relation to the buyers, including but not limited to, the consumer reserve fund (or buyers reserve fund), general meeting of buyers, the rights of the general meeting of buyers to appoint shareholders of Cape Consumers, and the rights of the buyers at the winding up of Cape Consumers. A copy of the current Memorandum of Incorporation of Cape Consumers is available on the website of Cape Consumers at for inspection by buyers You confirm that you understand the meaning, effect and consequences of this agreement and that if you do not understand any terms you will ask Cape Consumers to explain it in a language that you can understand Cape Consumers will pay the supplier who supplied goods or services to you, on your behalf when Cape Consumers receives a valid claim from the supplier Cape Consumers will issue a b-smart Card to you once you have entered into the agreement with us. Cape Consumers may in its own discretion agree to also issue cards to other people that you have nominated You can use the card and enjoy all benefits offered from time to time, subject to the agreement The card will remain our property and you must return it to us when we ask you to return it You must take proper care of your card, including taking all reasonable steps to prevent any person who does not have the right to use it, from using it, or to prevent the card from being lost, stolen or damaged If the card is lost or stolen or if you become aware that the card has been used by any person that did not have the right to use it, you must tell us by phoning (021) during office hours on business days (08:30-16:30) or by phoning Nedbank, agent of Cape Consumers, at the toll-free number after hours Once you have reported the theft or lost card, Cape Consumers will not hold you liable if someone uses the card after you notified us, unless: your signature shows on the voucher, sales slip or similar record to show that you used the card; or Cape Consumers has other evidence that is good enough in their opinion to reasonably indicate that you authorised someone else to use the facility If there is a change in the cost of credit, we will notify you in writing. We link the interest rate to the prime rate of First National Bank Limited. 04/5

5 12. YOUR RIGHTS: 12.1 You will have a monthly credit limit as stated in the quotation You will receive a yearly bonus of up to 5% based on your purchases during the previous financial year of Cape Consumers, namely July to June. Please note that the percentage that we use to calculate the bonus may change from year to year, depending on how well we performed during the financial year. We will effect this bonus during November each year. You will contribute to the bonus through payment of surcharges as specified in the Cost of credit and statement of account We may decide in our sole discretion to make payments to the Consumer s Reserve Fund. This is a fund that we hold on behalf of all of our consumers. Our Memorandum of Incorporation (this refers to some of our company documents that tell us what we can and cannot do) allow us to do this and we will distribute these payments to all members in proportion when the consumer ends its relationship with us, except if you breached the agreement then you will not receive any payment Cape Consumers will give you a list of all suppliers if you ask us to do so You can tender the card to the suppliers for payment for goods and services to the maximum amount within your credit limit and Cape Consumers will pay the supplier in turn for and on your behalf, subject to the agreement Cape Consumers will not be liable to pay for any of your purchases from any merchant who is not a supplier as determined in the agreement You may apply for a budget facility 6 (SIX) months after you entered into this agreement. We may decide whether we will approve or decline the application. If we approve it we will allow you to repay the outstanding budget amount over a longer period (maximum 36 months). You will enter into a separate agreement for the budget facility. You may only use the budget facility for purchases of R 300 or more You may apply for a loan 3 (THREE) months after you entered into this agreement. We may decide whether or not we will approve or decline the loan. If we approve it you will be able to repay the outstanding loan amount over a longer period on the terms of the separate agreement with us If you want to increase your credit limit, you can request this from us in writing and complete our application form, which we will then consider. This request for an increase does not refer to an automatic yearly increase that may apply if you requested that in your application If you have applied in terms of the law for an automatic yearly increase, we will be entitled to increase your limit in terms of the NCA You can do the following if you have a problem in terms of this agreement: apply to a Debt Counsellor to be declared over indebted; resolve a complaint against us by way of an alternative dispute resolution agent, consumer court or ombud with jurisdiction; file a complaint about us with the National Credit Regulator; and make application to the Tribunal The contact details for the National Credit Regulator are the following: th Street, Randjespark, MIDRAND Switchboard: Call Centre: or 0860 NCR NCR info@ncr.org.za or complaints@ncr.org.za, Website: The contact details for the Credit Ombud are the following: Call Centre: or 0861 OMBUDS ombud@creditombud.org.za Website: YOUR OBLIGATIONS: 13.1 You agree to pay Cape Consumers all the costs set out in the quotation which will be part of this agreement when you accept it. We will reflect the costs on your monthly statement and will include administration costs and interest, as stated in the quotation You must pay all amounts shown in the statement that are due to us, on or before the due date. This obligation to pay applies whether or not: you or any other party paid for goods or services with the b-smart card; and/or the amount recorded in respect of any such purchase is correct; and/or there is any dispute between you and the suppliers; and/or the suppliers can receive payment from any other source or party The monthly statement is prima facie (on the face of it) proof of your debt with us for the purchases from suppliers and you agree that if you dispute that, you will have to prove that You agree not to exceed the credit limit allocated in terms of the quotation. Where the NCA applies to the agreement: We must approve this increase in writing. If we in our discretion settle any sales voucher or purchase that exceeds the applicable credit limit, this does not mean that we have increased your credit limit permanently If Cape Consumers and the consumer enter into a separate agreement for a budget facility or loan as referred to in clause 12.7 and 12.8, all amounts due and payable under all agreements with Cape Consumers will immediately become due and payable if you do not make payment that is due in terms of one of the agreements If you have more than one agreement with us, you must clearly specify in terms of which agreement you are paying, if you want to make a pre-payment on the loan or budget account. 14. BREACH AND TERMINATION: 14.1 The agreement is not for a fixed period and will continue until either party cancels it in terms of the agreement Subject to the provisions of the NCA, we may terminate the agreement if you breach the agreement. We will give notice that you are in breach When we terminate the agreement, the full outstanding amount that you owe us will immediately be due and payable to us When the agreement terminates for any reason, all amounts due on personal loans and budget accounts will be transferred to this card account If you agree with Cape Consumers to pay any outstanding amount in monthly instalments after we have closed your account it does not mean that we have re-opened your account or facility. 15. EFFECT OF BREACH: 15.1 If you breach any term of the agreement, we may without limiting any of our rights in terms of the law, close your facility, cancel the use of the card/s and demand that you pay the full outstanding amount and immediately give the card/s, back to us If you exceed the applicable credit limit, this will be regarded as a breach of the agreement and all amounts that you owe us become immediately due and payable and we do not need to notify you If we take legal action against you to recover any money due to us, you agree to: the jurisdiction of the Magistrate s Court even if the amount that we claim is more than what the Magistrate s Court normally be entitled to determine; and; pay all legal costs on the scale as between attorney and client, which will include interest, tracing fees and collection commission, as the case may be If you breach the agreement, you will forfeit the yearly bonus payment and your share of the Consumer s Reserve Fund as provided for in clause 12.2 and clause You agree that we can appoint a tracing agent, if you breach the terms of agreement and we are not able to trace you. 16. APPLICATION FOR DEBT REVIEW: 16.1 You have the right to apply to a Debt Counsellor to be declared over-indebted You may not apply to a Debt Counsellor to be declared overindebted if, at that time when you want to apply we have already started legal action against you The Debt Counsellor will determine whether you are overindebted and, if you require the Debt Counsellor to make a finding on whether we are guilty of reckless credit, the Debt Counsellor will also make a finding on whether any of the credit agreements are indeed reckless The Debt Counsellor may reject your application or may recommend that both you and us consider and agree on a debt rearrangement plan If the Debt Counsellor finds that you are indeed over-indebted, he may issue a proposal recommending that the magistrate s court make an appropriate order If you accept the Debt Counsellor s recommendation and all parties agree to it, it may be filed as a consent order by the Debt Counsellor If the Debt Counsellor rejects the proposal, you may ask the magistrate s court to apply directly to them for an appropriate order. 17. PROCESS OF DEFAULT: 17.1 If you are not keeping to your payments, (default) we will tell you in writing and propose that you refer the agreement to a Debt Counsellor, alternative dispute resolution agent, the Consumer Court or the Ombud with jurisdiction, with the idea to resolve any disputes or develop and agree on a plan to bring the payments up to date If you have applied for debt review under Section 86 of the Act and the review is not finalised within 60 (sixty) business days after you applied, we may send a notice to end the debt review in terms of Section 86 (10) of the NCA We will only proceed with legal action if: you have been in default for at least 20 (twenty) business days; and (ten) business days have passed since we sent you a letter or notice to inform you of the default (these two time periods the 20 day and 10 day periods - may run at the same time); and you did not respond to the letter or you rejected any proposal from us to refer the matter to a debt counsellor, alternative dispute resolution agent, consumer court or Ombud with jurisdiction. 18. CESSION: 18.1 You hereby authorise us to cede (transfer) to any suppliers, all rights title and interest in and to all or part of your debt with us You are not allowed to cede (transfer) any of your rights or duties in terms of the agreement to any party without our written consent. 19. N-VARIATION: This is the complete agreement and no changes will be effective unless all parties agree to it and sign it. 20. WAIVER: If we do not exercise or enforce all our rights it will not mean that we waive (do away with) our rights in terms of the agreement. 21. FOR AND ON BEHALF OF LEGAL ENTITIES: If you are a legal person, the natural person who accepts the quotation/credit facility on behalf of the legal person, warrants that he is duly authorised to do so and accepts responsibility for payment of the amount due in terms hereof, as surety and co-principal debtor with said entity. FOR OFFICE USE: Manager Accepted at Cape Town Credit limit Date 05/5