CREDIT FACILITY IN TERMS OF SECTION 93(2) OF THE NATIONAL CREDIT ACT, 34 OF

Transcription

1 CREDIT FACILITY IN TERMS OF SECTION 93(2) OF THE NATIONAL CREDIT ACT, 34 OF 2005 ("the Act") AND CONTAINING ALL THE INFORMATION CONTAINED IN FORM 20.2 ("the Agreement") 1. PRE-AMBLE This agreement is entered into between: 1.1 Xpress Credit (Pty) Limited; Registration number 2011/123894/07 A registered Credit Provider NCRCP 7096 of: 119 York Street, George, 6529; Contact number: ( the Credit Provider/us ); and 1.2 ( the Consumer/you ) 2. DEFINITIONS USED IN THIS AGREEMENT: Below is a list of terms used in this document as well as an explanation of what they mean. 2.1 "the Act" means the National Credit Act, 34 of 2005; 2.2 "this agreement" means this agreement between you and us, including the recorded telephone call, the pre-agreement statement and quotations and any other terms and conditions provided for in this website; 2.3 the annual interest rate means a rate of interest per annum calculated in accordance with the following formula [(SA Reserve Bank Repurchase Rate x 2.2) + 10% ], which shall be calculated daily and added to the deferred amount monthly at the end of the month. (In the case of a dispute as to the rate payable, the rate shall be certified by any manager or accountant of ours, whose appointment or authority need not be proved and whose certificate shall be final and binding). 2.4 "capital" means the aggregate or sum of the invoice amounts; 2.5 "credit facility" means the credit facility which we provide to you in terms of this agreement; 2.6 "the credit provider" means us (the credit provider in the pre-amble to this agreement); 2.7 the invoice amount means the amount which you draw down from the credit facility in terms of an invoice from time to time which is reflected on a merchant s invoice when you purchase goods and/or receive services from the merchant; 2.8 "the merchant" means TIAUTO INVESTMENTS (PTY) LTD, registration number 2014/173958/07, of corner of K101 and Old Pretoria Road, Midrand, 1685, and where relevant, it also means any person to whom they transfer any of their rights or obligations under this agreement and any other merchant whom we authorise to act as a merchant in terms of this agreement; 2.9 "we", "us" and "our" means the credit provider(s) (and where relevant, it also means our subsidiaries and holding companies, any subsidiaries of any of our holding companies and any person to whom we may transfer any of our rights or obligations under this agreement); and 2.10 "you" means you (the consumer provided for in the pre-amble to this agreement) who borrows from us and in whose name the credit facility is held. 3. INTRODUCTION 3.1 You make use of this credit facility, subject to the terms and conditions contained in the voice recorded pre-agreement statement and quotation and agreement, these terms and conditions and/or the terms and conditions pertaining to the use of this website. 3.2 These terms and conditions, the pre-agreement statement and quotation, the voice recorded pre-agreement statement and quotation and agreement and/or the website use terms and conditions, are to be considered to be one agreement. 3.3 A copy of this agreement will be sent to you. 3.4 Any terms and conditions which are extremely important are in bold in this agreement. 1

2 4. YOUR CREDIT FACILITY APPLICATION 4.1 To qualify for a credit facility with us, you must complete and submit your application to us. This can be done on our web application and also by calling our call centre Your application will be considered on the information that you provide to us. All information provided to us must be truthful, complete, accurate and correct. 4.2 You must have the required legal capacity to enter into and be bound by this agreement. We will require proof of your identification. 4.3 We will assess your application and decide if you qualify for the credit facility. We have no obligation to approve your application. We may decline your application at any time, determine any credit limit or decrease any credit limit. 4.4 If your application is successful, we will let you know, make the credit facility available to you, set up an account in your name and send you your personal identity number or "PIN" to access your credit facility account. 4.5 You will have to pay the minimum amount owing each month as shown on your monthly statement. 5. YOUR PRE-AGREEMENT STATEMENT AND QUOTATION 5.1 We will give you a pre-agreement statement and quotation, which is written confirmation of the following information: The maximum amount of the credit facility you requested and that we approved; What the credit facility will cost you including the interest charged, should you take up the whole credit facility immediately; The date that you will have to make your first payment into the credit facility account, should you take up the whole and/or a portion of the credit facility immediately. 5.2 You will have to confirm to us that you understand and accept all of the above by signing the pre-agreement statement and quotation to finalise the credit facility and activate your credit facility account. 6. YOUR FINANCIAL STATUS 6.1 You confirm and promise that You have checked the information we have about your personal, financial and account details and that they are correct; You have fully and truthfully given all information we have asked you for about this credit facility and about your personal and financial circumstances; You have not applied for an administration order and no administration order has been given against you; You are not currently under debt counselling or subject to debt review; You have not applied for and no order has been given against you which will place you under sequestration and you are not aware of anyone who might bring an application for your sequestration; You have no outstanding judgments against you in any court that you have not disclosed to us; You have told us about all other applications for credit you have made to other credit providers, whether they have been processed or not; Entering into this credit facility and/or buying with it will not cause you to be unable to pay all your obligations under all your credit agreements on time (this is called being over-indebted); 6.2 You understand that if any of these statements are not true, it may prevent you from exercising all your rights in terms of the Act. 7. YOUR QUOTE IS VALID FOR 5 BUSINESS DAYS You have 5 business days from the day that we tell you that you qualify for a credit facility to accept this agreement. During this time, you must carefully consider the pre-agreement statement and quotation. You are welcome to accept the agreement before the 5 days have come to an end. 8. HOW YOU CAN ACCEPT THE QUOTE 8.1 Only you and no one else can accept the agreement for the credit facility. 8.2 You can accept the credit facility by indicating your acceptance on our website or confirming that you accept the credit facility telephonically with one of our consultants. 2

3 9. CREDIT FACILITY AND RELEASE OF YOUR CREDIT FACILITY FUNDS 9.1 Upon acceptance of the credit facility by you, we make the credit facility available to you, to purchase goods and/or receive services from the merchant. 9.2 You borrow from us and we lend to you the invoice amounts, as and when you buy goods or procure services from the merchant. 9.3 We will release each invoice amount from your credit facility and pay the merchant directly when an invoice is generated by the merchant upon your purchasing of goods and/or receiving of services from the merchant after your credit facility is in place. 9.4 Each invoice amount borrowed will represent a sub-account under the credit facility each of which will and/or could have differing annual interest rates (depending on the annual interest rate at the time the invoice amount is drawn from the credit facility) and /or different repayment schedules (depending on the repayment schedule you elected when drawing down the invoice amount from the credit facility). 10. INTEREST 10.1 We will charge you interest on each invoice amount at the annual interest rate from the date the invoice is paid out of your credit facility to the date you finally settle the full outstanding invoice amount together with outstanding costs and charges For your benefit we again reiterate that the annual interest rate will be calculated daily and compounded monthly. (This means that you are charged interest each month on the interest that has already been added to your outstanding balance) The annual interest rate that you pay is linked to the SA Reserve Bank Repurchase Rate ( Repo rate ), and will be adjusted in accordance with adjustments to the Repo rate and will not be higher than the maximum allowed by the Act We shall advise you of changes to the annual interest rate from time to time. 11. PAYMENT SCHEDULE 11.1 The payment schedule in the pre-agreement statement and quotation sets out the information relating to the credit facility extended on the basis that you utilise the full amount available under the credit facility immediately When you make a purchase and/or receive services from the merchant, you must choose the repayment schedule that best suits you. The invoice amount can be paid over 1, 3, 6, 12, 18 or 24 months. 12. FEES 12.1 We will charge you an initial initiation fee for the preparation costs of this agreement, the processing of your application and other general initial expenses. The initiation fee is payable with your first purchase on your credit facility and on your first invoice amount drawn down. It can be paid in cash or added to the capital at your election We will charge you monthly fees for service and administration costs at the end of each month. We add these fees to your outstanding balance and show it on your statement. Should we decide to increase the monthly fees, we will inform you. The monthly fees will not be higher than the maximum amounts allowed by the Act All our fees will be shown in the pre-agreement statement and quotation, subject of course to what is said above. 13. HOW TO USE YOUR CREDIT FACILITY 13.1 By activating your credit facility, you accept all the terms of this agreement You are the only person who may use your credit facility. You cannot transfer it to any other person or authorise any other person to use it You may use your credit facility to purchase goods or obtain a service from the merchant and you must sign a sales voucher each time you use your credit facility We will then debit your account with the value of the invoice amount. You cannot make purchases on your account unless you present your proof of identity ("ID") and input your personal identity number ("PIN") at the merchant. When you sign the voucher, you confirm receipt and delivery of the purchases or services. 14. PAYMENT TO MERCHANTS 14.1 We will debit your account with all transactions sent to us by the merchant, unless you can prove that the merchant concerned did not have the authority to request that your account be debited with the amounts concerned We have the right to and shall pay the merchant from which goods or services were purchased or received, the invoice amount, when we receive the invoice for payment. 3

4 15. DISPUTES WITH MERCHANTS 15.1 In terms of the Consumer Protection Act, No. 68 of 2008 ("CPA"), as amended, the rights you have under the CPA do not apply to credit agreements such as this one, but they do apply to the goods and/or services purchased and / or received from the merchant Any dispute that you have about the goods and/or services (including, but not limited to the return of goods bought on your credit facility account) must therefore be resolved directly with the merchant If a dispute arises between you and a merchant (including but not limited to the return of goods bought on your credit facility account), that dispute will not give you the right to tell us not to pay the merchant for goods and/or services purchased and/or received by you on your credit facility; refuse to pay us for payments already made to the merchant, irrespective of whether these payments were made in respect of the disputed goods and/or services; and tell us to do a charge-back of a payment already made to the merchant We will not accept any responsibility if any merchant refuses to accept your credit facility account as payment; or for any goods and/or services purchased and/or received from a merchant; You will not have the right to claim anything from us or to counterclaim against us or to apply set-off against us on this basis or any other basis Any refund by a merchant to you must be paid to us so that we can credit your account. When we receive a credit voucher issued by a merchant for goods purchased and/or services received by you, we will credit your credit facility account with the amount of the credit voucher If you receive a refund for any goods purchased and/or services obtained from a merchant on your account, you will remain responsible for any fees and costs that we are entitled to charge or have charged to your account in terms of this agreement. 16. YOUR CREDIT LIMIT 16.1 You may not purchase any goods or services on your account, which will result in the credit limit of your credit facility being exceeded If you wish to apply for a temporary increase in your credit limit, or when your credit limit is temporarily increased to cover any purchases that may have exceeded your available credit limit, the temporary increase will only be for a limited time and after repayment of the amount in full and along with and in addition to your next monthly repayment, as reflected on your next statement, your credit limit will be reduced to what it was before the temporary increase was approved We have the right to reduce, change or cancel the credit facility (not the agreement referred to in clause 22) for whatever reason Should you wish to qualify for a credit limit increase at any time (other than a temporary increase referred to above) you may request this by telephoning us at any time. The increase will be subject to our criteria and affordability checks that will be made at the time of the request If you wish to be eligible for automatic annual increases of your credit limit, you must tell us in writing. If you choose to automatically receive an annual credit limit increase, we will continue to review your credit limit annually and we may grant you an annual increase in accordance with the Act The applicable limits from time to time will be reflected on your statement Should your contract of employment come to an end or expire (this relates to permanent employment or to the ending of a fixed term contract of employment) or if there is any other material change in your circumstances that may adversely affect your ability to make repayments in terms of this agreement, you shall immediately notify us. We may perform a credit assessment and take any necessary steps we think is appropriate, including but not limited to blocking your credit facility so that you are not able to use it, until such time as your circumstances change to our satisfaction Nothing in this agreement prevents us from performing a credit assessment at any time during the existence of your credit facility with us. 17. PAYMENTS 17.1 You agree that the only method of payment of the instalment due to us under this agreement is by debit order, on a monthly basis, and on the day selected by you You give us permission to deduct (take off) each instalment from your bank account. By making use of a non-authenticated early debit order system (Naedo), we will start to track your bank account 2 days prior to your instalment due date and we will debit your account anytime between the date we started tracking your account and 32 days after your instalment due date. We do this to ensure that your instalments are always paid up to date. If your instalment due date falls on a weekend of a public holiday, we will collect your instalment on the last business day before the due date. 4

5 17.3 It is your sole responsibility to ensure that there are enough funds in your account on the due date, so that the instalment can be deducted You will be held responsible for any fees and/or bank charges charged by either yours or our bank if the debit order is declined and/or not paid Your actual monthly repayment will depend on the repayment terms, annual interest rates and repayment schedule selected by you, with each purchase and with each invoice amount (which will and can change, depending on the payments that you make) and on the balance on your credit facility We will regard all payments made by you as paid on the date that we receive the payment in our bank account and the payments shall be allocated in the following order: The payment of due and unpaid interest first (pro-rated or split proportionately between the invoice amounts); and The payment of fees and charges (including any insurance products); and finally The payment of the outstanding capital or invoice amounts and you agree that your oldest debt will be paid first and thereafter according to the hierarchy of your invoice amounts If you make an additional payment (i.e. provided the interest and costs in and 2 are up to date), it will reduce the outstanding capital balance and we shall allocate it to the oldest invoice amount first and thereafter according to the hierarchy of your invoice amounts. You must nonetheless still pay your monthly instalment regardless of whether you have made additional payments. You can pay more than the minimum payment shown on your statement each month by electronic funds transfer ("EFT") or by depositing the amount into our bank account If you pay more than the minimum instalment amount, we will credit your account with the extra amount on the date that we receive it. 18. INSURANCE 18.1 You shall take out and maintain a consumer credit insurance policy during the term of this agreement. You confirm that you have been given freedom of choice in taking up the one proposed by us or exercising your right to provide a policy of your own, which provides the same benefits ( the policy ) The policy shall not at any time during the course of this agreement need to be more than the total of your debt to us You hereby cede and assign to us, and we accept this cession, all rights, interest and title in the policy, as security for your obligations under this agreement until the credit facility is paid in full. (We therefore will enjoy the benefits of the policy whilst you owe us any money) 18.4 We shall be a loss payee under the policy up to the settlement value at the occurrence of an insured contingency, and any remaining proceeds of the policy will be paid out to you. (We will be paid if the policy pays out, and we will pay you the difference) You have elected unless you opt out and provide us with a policy of your own, a policy which is proposed by us, which is underwritten by Oakhurst Insurance Company Limited or any other insurance company we may propose ( the insurer ). The policy shall be mailed to you separately and in accordance with the insurer s standard procedures. You are free to choose a policy of your own, as long as it insures an amount no less than the credit facility, and that it is otherwise acceptable to us The cession (or transfer) on the policy will terminate when you settle the credit facility and close your credit facility account. 19. STATEMENTS 19.1 We will send you a monthly statement which will show details of the original amount of the credit facility; the full outstanding balance on your credit facility account and/or each invoice amount; the interest that applies to the amount you have borrowed; the monthly instalment amount that you must pay; and the date that you must pay your next instalment We will send the statement to you at your chosen address or address You must pay the minimum amount shown on your monthly statement by the due date every month. If you do not receive a monthly statement from us, you must immediately contact us. Not receiving a statement does not mean that you do not have to pay the instalment If your address or details where you receive your monthly statements change, you must let us know so that the change can be made on our systems. You understand that if you do not do this, your monthly statements will be returned and we will not send monthly statements until you provide us with updated details It is your responsibility to check the statements for accuracy and advise us of any errors We will provide you with additional statements on request from you, against payment of the prescribed fee in terms of the Act If you believe that there is a mistake with your statements, you must send a letter to us within 30 days of the date on the statement. Your letter must tell us where you think the mistake is. You can also call our call centre to let us know where you think the mistake is If you do not tell us about the mistake in the above time, we can and will accept the statement is correct and you will have to pay the minimum amount shown on the statement. 5

6 20. DEFAULT ADMINISTRATION COSTS 20.1 If you miss one or more payments, we will write to you to let you know. We will charge you a fee each time we must write to you for this reason The fee is called a default administration fee in terms of the Act. It is the same amount as the fee that must be paid for a registered letter of demand for undefended actions in terms of the Magistrate's Court Act 32 of 1944 ( the MCA ) plus the costs, which amounts at the moment to R51.10 inclusive of VAT Should the above amount increase, it will only increase in accordance with increases in the Magistrate's Court tariffs provided for in terms of the MCA. 21. EARLY SETTLEMENT 21.1 You can, without notice to us or penalty to you, at any time settle the capital together with interest and fees calculated up to the date of payment The amount required to settle the credit facility and thereby terminate this agreement, will be the total of the following amounts: The unpaid balance of the capital up to the settlement date, plus The unpaid interest up to the settlement date, plus All other fees, charges and insurance payable by you to us up to the settlement date You may terminate this agreement at any time by paying the settlement amount due to us and asking us to close your credit facility. 22. CREDIT PROVIDER'S RIGHT TO TERMINATE THE AGREEMENT We are allowed to cancel this agreement if you default in terms of any of the obligations in this agreement. Our right to cancel is of course subject to us properly complying with the Act and with clause MARKETING OPTION 23.1 You confirm you have indicated in your application whether or not you want us to contact you to tell you about products, services, research and special offers that we believe may interest you You confirm you are aware that by accepting or refusing marketing material from us, you are also accepting or refusing marketing material from the Badger group of companies If, in the future you do not want us to market directly to you, you can contact our call centre on ; or register a block on any register provided by us which we must recognise. (We will not charge you a fee to change your marketing consent preference) If you change your marketing preference, we shall make these changes immediately. 24. PENALTY INTEREST ON ARREAR AMOUNTS If you do not pay any amount on the due date, then you will be liable for penalty interest on the amounts in arrears which will be at the same interest rate charged in respect of the invoice amount. 25. ADDRESSES FOR RECEIVING OF DOCUMENTS 25.1 You and we both choose the addresses provided for in the pre-agreement statement and quotation and/or pre-amble in our case as the address where we will accept all documents, pleadings and notices in terms of the provisions of this agreement and the Act. You and we may by written notice to each other, change these addresses If you want to change the address at which you agree to accept notices and legal processes, then you must give us such notice in writing We will give you notice in writing of any change to the address where we choose to accept notices and legal processes The address that you choose in this clause is in law known as domicilium citandi et executandi. 26. TRANSFER OF RIGHTS 26.1 You agree that we may transfer, cede or assign our rights and obligations in this agreement to a third party and that you will then be liable to pay the third party instead of us. This means that a new credit provider may take over from us as the credit provider under this agreement You do not have the right to transfer, cede or assign any of your rights and/or obligations in terms of this agreement to anyone else. 6

7 27. COLLECTION COSTS Should you fail to pay any amount on time and be in default in terms of this agreement, then you accept liability for collection costs prescribed by the relevant legislation. The relevant legislation which we refer to is the Supreme Court Act, 1959, the MCA, the Attorneys Act, 1979 and the Debt Collector's Act, BREACH BY YOU OF THIS AGREEMENT AND WHAT WE MAY DO 28.1 If you fail to comply with any of the terms of this agreement (all of which you agree to be material and important to us); or fail to pay any amounts due under this agreement; or have made misleading statements to us before entering into this agreement; or allow any judgment that has been taken against you to remain unpaid for more than 7 (seven) days; or are sequestrated, (whether provisionally or finally), or you perform an act of insolvency in terms of the Insolvency Act, 24 of 1936, for example, not pay an amount on time to a creditor or show your intention not to pay; or enter into a compromise with any of your creditors, namely enter into agreements generally with your creditors to ease your obligations to them; or you die, then we are entitled (without affecting any of our other rights) to proceed with the enforcement of or immediate cancellation of this agreement, subject to the provisions of the Act Should we choose to enforce this agreement, the procedure set out below shall be applicable: a letter shall be sent by us to you, drawing your attention to your default under this agreement and requesting you to remedy the default within 10 days from date of the letter; we will propose in the letter that you refer this agreement to a debt counsellor, alternative dispute resolution agent, Consumer Court or Ombud with jurisdiction, with the intention of resolving any dispute or developing an agreement on a plan to bring the payments up to date; if this agreement is under debt review in terms of Section 66 of the Act, and the review is not finalised within 60 days after application has been made for debt review, we shall furnish you with a notice terminating the debt review; and we will not commence legal proceedings against you for the enforcement of the agreement until the prescribed notices have been delivered to you in terms of the Act Should we choose to cancel the agreement, we shall be entitled to claim repayment of the full outstanding amount of capital plus interest thereon, on that date and hold you liable for legal costs (including collection costs) Should you breach the agreement, we will be entitled to institute action in a Court for collection of any amount due by you to us on the basis that the full outstanding amount of capital together with interest and fees shall become due and payable immediately if you do not make good the breach We will be entitled to provide information relating to the breach by you to the credit bureaus mentioned in clause You are hereby advised of your right to (a) have a dispute resolved in terms of the alternative dispute resolution methods prescribed in terms of the Act, (b) lay a charge at the National Credit Regulator, (c) and lay a charge at the tribunal in terms of the provisions of the Act. 29. WE ARE ALLOWED TO GIVE INFORMATION TO THE CREDIT BUREAU 29.1 You understand that we are allowed to give to one or more registered credit bureaus and the South African Fraud Prevention Services: Information about this agreement; Information about your credit facility with us; Details of your default if you do not comply with any of the terms of this agreement; and Any false information you give to us We also have the right to get information about your credit profile at any time from any credit bureau and the South African Fraud Prevention Services You have the right to contact the credit bureau and view their records on you. You also have the right to correct any information that is not correct. 7

8 29.4 The credit bureau details are as follows: TransUnion Credit Bureau (Pty) Ltd Experian South Africa (Pty) Ltd Wanderers Office Park Experian House, The Ambridge 52 Corlett Drive Vrede Avenue Illovo 2196 Douglasdale 2021 P O Box 7112 P O Box Johannesburg 2000 Sloane Park 2152 Tel: Tel: Fax: Fax: COMPLAINTS AND DISPUTES 30.1 If you have a complaint or dispute, other than a dispute or complaint with the merchant, you can do any one or more of the following: Write a letter of complaint and send it to Xpress Credit (Pty) Ltd, PO Box 9738, George, us complaints@xpresscredit.co.za Go online at Call the contact centre on or Make sure you are given a reference number and a formal acknowledgement of your complaint. We will try to sort out your complaint within 5 business days. We may need more time to reach a decision and will give you an indication of when we expect to resolve your complaint We will always monitor and record all phone calls and other interactions with you If you are not satisfied with the outcome of your dispute or complaint, you can contact the applicable regulatory body on the contact details below (you have the right to request the assistance of the National Credit Regulator or, should the National Credit Regulator decline to assist you, you may refer the matter directly to the Tribunal): National Credit Regulator Telephone: or info@ncr.org.za 31. 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. 32. THESE TERMS AND CONDITIONS AND THE PHONE RECORDING ARE THE WHOLE AGREEMENT These written terms and conditions, the telephone recording and the pre-agreement quotation and statement and website use terms and conditions are the whole agreement between you and us. Neither you nor we are legally obliged to comply with any express or implied term, condition, undertaking, representation, warranty, or promise not recorded in this agreement. This agreement replaces any arrangement or understanding between us before this agreement was entered into. 33. EACH CLAUSE IS SEPARATE AND SEVERABLE You and we acknowledge that each clause and sub-clause of this agreement is separate and severable. 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 and/ or severed from the remainder of this agreement. This does not 33.1 Make the rest of the agreement illegal, invalid or unenforceable; 33.2 Affect the legality, validity or enforceability of the clause in another jurisdiction. 34. SOUTH AFRICAN LAW GOVERNS THIS AGREEMENT 34.1 South African law governs this agreement and it must be interpreted in accordance with the laws of South Africa. This applies even if you do not live in South Africa and if the agreement was entered into outside of South Africa If this agreement is reached and completed online, then it is an electronic transaction and we agree that the agreement was conducted at George, South Africa. 8

9 35. LEGAL PROCEEDINGS CAN BE BROUGHT IN THE MAGISTRATE'S COURT 35.1 In terms of section 45 of the MCA you hereby consent that we may institute any legal proceedings that have to do with this agreement or your account in the Magistrate's Court, which in terms of section 28 of the MCA, has jurisdiction over you We can however launch any legal proceedings against you in any other court having jurisdiction. 36. PROOF OF WHAT YOU OWE US A certificate signed by one of our managers or accountants is enough proof without further explanation of the amount that you owe and that is due to us. Unless you can prove that this is not correct, we may use the certificate for provisional sentence, default judgment or summary judgment or any other legal proceedings. We do not have to prove the appointment of the manager or accountant who signs the certificate. 37. MONEY LAUNDERING AND OTHER FINANCIAL CRIMES 37.1 We are part of a global financial group of companies. As such, we may have to comply with international and local anti-money laundering, counter terrorist financing, financial sanctions and prohibited business activity laws, regulations, policies and requirements. This means we may initially and continually screen, check and process all new client and related information, and monitor all information, instructions and transactions by you and on your behalf to ascertain whether this agreement or actions relating thereto are suspicious When we perform these activities, there may be a delay in carrying out your instructions or transactions. The transaction may be declined, prohibited or limited in some way. We have the right to end our business relationship with you should this agreement or actions relating thereto be suspicious To the extent we are allowed to, we will let you know of any action we intend to take. You acknowledge and confirm that we are not responsible for any direct or consequential (indirect), loss, damage, costs or expenses that you incur because we implement this clause. 38. WEBSITE USE TERMS AND CONDITIONS You confirm that you have read the website use terms and conditions and have specifically take notice of the provisions therein relating to 38.1 the use of your personal information, which is defined in the website use terms and conditions; 38.2 our limited liability which is again addressed in clause 40; and 38.3 our privacy policy. 39. IF YOU ARE UNABLE TO PAY YOUR DEBTS For your benefit we again reiterate that you must inform us if you are at any time unable to pay your debts, placed under an administration order, sequestrated or in any other way declared insolvent. You have the right to apply to a debt counsellor to consider whether you have more debts than you are able to pay. This is known as being over-indebted or over-indebtedness. 40. OUR RESPONSIBILITY TO YOU IS LIMITED 40.1 You have taken note of the website use terms and conditions and specifically where we limit our liability and responsibilities You, however, record in this document to avoid any confusion that you understand that we will not be responsible for Any loss or damages that you may suffer because of incorrect information that you give to us; Anyone else accessing your information; The consequences of any enquiries made by or from a credit bureau, because of any information provided by us about your credit facility account; or delays affecting the service contained in this website or the unavailability of the website We will do our best to ensure that all information about you and your credit facility is correct. 9