Herewith the Terms and Conditions of Loan Agreement (in terms of section 93(2) of the National Credit Act No. 34 of 2005 (‘the Act”) for Capfin SA (Pty) Ltd (“Capfin”). These Terms and Conditions form part of and are to be read together with the voice-recorded Pre-Agreement Statement and Quotation and Loan Agreement. Any reference to “agreement· hereunder will mean the voicerecorded Pre-Agreement Statement and Quotation and Loan Agreement together with these Terms and Conditions.
1.1 Capfin is registered with the National Credit Regulator (“NCR”) and subscribes to the National Credit Act.
1.2 Should you wish to lodge a complaint you can contact the NCR on 0860 627 627 or Capfin on 087 354 0000.
1.3 The agreement is concluded once Capfin approves your loan application. The granting of the loan is entirely within the discretion of Capfin.
1.4 Any amendment made to the agreement will only be legally binding once Capfin has notified you in writing of such amendment.
The payment schedule attached to these Terms and Conditions sets out the information relating to the loan amount approved and must be read as part of this agreement.
3.1 The interest rate is fixed for the duration of the agreement and is calculated on the daily balance and capitalised monthly (added to the outstanding loan balance) on the last day of the month.
3.2 In the event that an arrears amount exists on your account due to non-payment or late payment, the interest rate applicable to such amount in arrears shall not exceed the maximum interest rate applicable to your agreement under the NCA.
3.3 Should Capfin change the interest rate, the amount of fees or charges applicable to your account or the frequency or time of payment of a credit fee or charge as provided for in the NCA, Capfin will notify you in writing by way of SMS of the proposed change/s at least 5 business days before such change is implemented.
3.4 Capfin is entitled (with or without notice to you) to waive its entitlement to a portion of any initiation fees due and payable in respect of new loans when granting new loans to certain categories of customers (such categories to be determined by Capfin in its absolute and sole discretion which may include existing customers). Any such waiver by Capfin of its rights to charge full initiation fees will not alter or amend the nature of this credit agreement.
4.1 You have the right to delay concluding this agreement by 5 business days in order to consider the terms of the agreement.
4.2 If you elect, within the above 5 business day period, to conclude the proposed agreement, the agreement will be on the same terms (and at or below the interest rate and cost) as originally quoted to you during your telephonic conversation with our call centre.
4.3 Interest will be charged from the date that the money is paid to you by Capfin and not from the date that the quote was given to you.
5.1 Once the loan amount has been paid into your bank account, you will be responsible for repayment of the total amount as stipulated in the agreement (being the loan amount together with interest and all other charges such as administrative costs).
5.2 You will furnish a debit order in respect of any amount payable under the agreement and you consent to the following:
5.2.1 Capfin will raise a debit order to your account to collect your instalments on the instalment date or on such other date as your employer may deposit your salary;
5.2.2 Where your instalment date is on the day following a public holiday, Capfin will raise the debit order on the previous business day;
5.2.3 Where your instalment date is on the last day of the month, Capfin will raise the debit order on the previous day of that month;
5.2.4 Where your instalment date is on the 1st of the month, Capfin will raise the debit order on the 30th of the previous month;
5.2.5 Payment Instructions due in December may be debited against your account on the Friday prior to the 14th of December, unless otherwise agreed between the parties;
5.2.6 PLEASE NOTE where any of these instalments are due on a weekend, Monday or public holiday, Capfin will raise the debit order on the previous business day;
5.2.7 The reference on your bank statement for all Capfin debit orders will be Capfin;
5.2.8 If there are insufficient funds available to deduct your instalment, Capfin will be entitled to track your account and represent the instruction for payment as soon as sufficient funds are available in your account.
5.3 Should your account fall into arrears, you will furnish a debit order in respect of any amount payable under the agreement and you consent to the following additional terms:
5.3.1 Where your instalment date is between the 2nd to the 14th, Capfin will raise the debit order on the 25th of the previous month;
5.3.2 Where your instalment is on the 15th, 23rd, 24th, Capfin will raise the debit order on the previous business day;
5.3.3 Where your instalment date is between the 25th and 1st, Capfin will raise the debit order on the 23rd of the month;
5.3.4 Payment instructions due in December may be debited against your account on the Friday following the 4th of December, unless otherwise agreed between the parties.
5.3.5 PLEASE NOTE where any of these debit orders are raised on a weekend, Monday or public holiday, Capfin will raise the debit order on the previous business day.
5.4 You are expected to repay the full contractual amount in monthly instalments via debit order for the period specified in the agreement by the due date. Should there be a problem with the debit order, the onus is on you to make alternate payment arrangements prior to the instalment due date to prevent penalty interest or legal costs being applied to the account.
5.1 Once the loan amount has been paid into your bank account, you will be responsible for repayment of the total amount as stipulated in the agreement (being the loan amount together with interest and all other charges such as administrative costs)
5.2 You will furnish a debit order in respect of any amount payable under the agreement and you consent to the following:
5.2.1 Capfin will raise a debit order to your account to collect your instalments on the instalment date or on such other date as your employer may deposit your salary;
5.2.2 PLEASE NOTE where any of these instalments are due on a weekend or public holiday, Capfin may raise the debit order on the previous business day;
5.2.3 The reference on your bank statement for all Capfin debit orders will be Capfin;
5.2.4 If there are insufficient funds available to deduct your instalment, Capfin will be entitled to track your account and represent the instruction for payment as soon as sufficient funds are available in your account.
5.2.5 All monthly instalments and any payment arrangements will be deducted from your recently approved and validated banking details. This means in the event that the provided banking details is not valid or not approved by yourself, Capfin will be entitled to debit any existing valid bank account.
5.2.6 Should your account fall into arrears, Capfin will be entitled to collect an additional amount of up to one and a half times of the agreed instalment amount. This amount is in addition to the monthly instalment amount.
5.3 You are expected to repay the full contractual amount in monthly instalments via debit order for the period specified in the agreement by the due date. Should there be a problem with the debit order, the onus is on you to make alternate payment arrangements prior to the instalment due date to prevent penalty interest or legal costs being applied to the account.
If you fail to make any payment punctually, you agree that Capfin may immediately claim the entire amount you owe in terms of the agreement from you (which includes, without limitation, loan amounts, arrear interest and any other monies owing against the outstanding loan amount). In these circumstances, Capfin may enforce the agreement by taking the following steps:
6.1 Capfin may advise you in writing or by way of SMS that you are in default and propose that you refer the agreement to a debt counsellor, alternative dispute resolution agent, consumer court or om bud with jurisdiction in order to resolve any dispute under the agreement or agree on a plan to bring the payments up to date.
6.2 If you have been in default for at least 20 business days and at least 10 business days have elapsed since Capfin sent you notice as set out in 6 and you have not responded to the notice, or have responded by rejecting Capfin’s proposals, Capfin may approach a court for an order to enforce the agreement.
6.3 You may at any time before Capfin has cancelled the agreement, remedy your default by paying to Capfin all amounts that are overdue, together with Capfin’s permitted default charges and reasonable costs of enforcing the agreement up to the time you remedy your default.
You agree to receive a quarterly statement of account which will be delivered to you by ordinary mail or by email to the posted or email address as provided by you in this agreement. Capfin will, at your request, provide you with a statement setting out all charges levied, all payments made and the balance outstanding.
8.1 You consent to the following:
8.1.1 To contact Capfin in person to obtain a settlement quote in the event that you want to settle your loan before the end of its term. You acknowledge that no third party will be allowed to settle your loan on your behalf.
8.2 You are entitled to terminate this agreement at any time by settling the outstanding loan balance ahead of schedule at any time, with or without prior notice to Capfin. The amount required to settle the loan account is the total of the unpaid balance of the principal debt and the unpaid interest charges and other fees and charges payable up to the settlement date.
8.3 You will only pay a pro rata share of the interest for the time you have had the money if you settle the loan amount ahead of schedule.
8.4 Despite having received a settlement value from Capfin, you remain responsible for making sure that all amounts due by you to Capfin (including without limitation, interest charges and administrative costs) have been settled in full.
If you do not comply strictly with the rules set out in this agreement, commit any act of insolvency, are sequestrated, make any untrue statements or representations, fail to disclose any information that is pertinent to the loan application or do anything that may prejudice the rights of Capfin, Capfin may, without prejudice to any other right that may accrue to Capfin, claim the full amount outstanding which includes, without limitation, the loan amount, arrear interest or any other monies owing against the outstanding loan amount. In these circumstances, the procedural steps set out in 6 above shall apply.
In terms of section 45 of the Magistrates’ Court Act, 32 of 1944, you hereby consent that Capfin may institute any legal proceedings that have to do with this agreement or your account, in the Magistrates’ Court. You consent that we may institute action in any Magistrates’ Court, which, in terms of section 28 of the Magistrates’ Court Act, has jurisdiction over you. If we have to go to court for any reason related to this agreement, you will have to appear in the Magistrates’ Court. We can however choose to institute action against you in any court having jurisdiction.
11.1 Should you be in arrears with your monthly instalments and should Capfin take steps to enforce the agreement in terms of the Act, you shall be liable for all default administration charges and collection costs incurred by Capfin or its appointed collections agent, including collection commissions, costs of an attorney and such other reasonable expenses incurred by Capfin or its appointed collections agent, in enforcing this agreement (such as telephone calls and letters to you), subject to the provisions of the Act.
11.2 Capfin will not collect or its appointed collections agent, attempt to collect any amounts for costs exceeding costs allowed for in terms of the Act, Magistrates’ Court Act No. 32 of 1944, the Supreme Court Act No. 59 of 1959 or the Debt Collectors Act No. 114 of 1998.
12.1 You choose the address as stated in the agreement as the address at which you will accept service of legal documents and notices.
12.2 If you have an address change, you are responsible for informing Capfin of the new address either in writing or telephonically as soon as possible.
12.3 Capfin’s chosen address and contact detail for all purposes under this agreement is as follows, namely: telephone number 087 354 0000 or SMS ‘CASH’ to 43679, postal address PO Box 6507, Parow East, 7501 and physical address at 1 Industrie Street, Kuils River, 7580.
A certificate signed by a Capfin manager (who need not prove that appointment), will be sufficient proof of the balance outstanding under the loan and any other terms of the loan, unless proven otherwise.
Capfin reserves the right, at any time and without notice to you, to cede any or all of its rights in and/or claims against you to a third party elected by Capfin. By acceptance of this agreement, you hereby irrevocably and unconditionally consent to such cession.
The terms of this agreement are the complete and full terms of the agreement between you and Capfin and there are no additional unspoken or implied terms and conditions, unless amended by agreement and in terms of 1.4 above.
When applying for a loan from Capfin, you are entitled to request to be excluded from any or all of the following:
16.1 Telemarketing campaigns conducted by or on behalf of Capfin;
16.2 Marketing and customer lists that are sold or distributed by Capfin, other than as required by the Act;
16.3 Any mass distribution of email or sms messages.
You will be requested to exercise this right during the loan application process. The options you select will appear on the payment schedule attached to this agreement. You’re entitled at any time to contact Capfin and request that the options selected by you be amended.
17.1 You consent to:
17.1.1The processing of your personal information (“PI”) by Capfin, Pepkor group companies and any of their operators, commercial partners, agents and sub-contractors (who may be outside South Africa) on condition they will keep such information confidential;
17.1.2 The collection of your PI from any other sources to add to the PI which Capfin has about you;
17.1.3 Capfin, Pepkor group companies and its commercial partners using your PI and communicating with you regarding products, services, research and special off ers that may be of interest or value to you (marketing).
17.2 If you choose to be excluded from direct marketing campaigns, you must advise Capfin in writing or register a block on the relevant registry which Capfin is bound by law to recognise. Capfin will not charge you a fee to update this request on its systems. Capfin will give eff ect to any changes requested by you as soon as reasonably possible.
18.1 You consent to Capfin conducting a credit enquiry about you and confirming your details with any credit bureau, credit provider or third party and providing your PI, including the manner in which you conduct your account, to:
a) credit risk management services (including credit bureaux); and/or
b) crime prevention agencies.
18.2 Capfin may transfer and share your Pl and information about your loan application, termination and non-compliance with this terms and conditions to the following credit bureaus:
19.1 In terms of the NCA you have the right to:
19.2 The contact details of the NCR and the Tribunal are as follow:
I, the applicant declare and agree that:
The information that I have provided for the purposes of concluding this agreement is true and correct;
I have not taken up any further credit other than that which already existed at the time I applied for this loan from Capfin;
Capfin can add outstanding amounts, relating to my previous loans which have not been settled, to my new loan balance and adjust my monthly repayments on my new loan in accordance with my new loan balance;
Where instalments are deducted from my bank account, I may not close the bank account unless I have informed Capfin of the change and Capfin has agreed to it and I will make sure that my salary is paid into the indicated account until the entire loan (together with all administrative charges and interest) has been repaid;
Notification in terms of Section 72 (1) of the National Credit Act may be given to me by way of SMS;
I will personally contact Capfin to obtain a settlement quote in the event that I want to settle my loan before the end of its term. I acknowledge that a third party may not settle my loan on my behalf;
By accepting this agreement I give Capfin permission to:
Contact anyone to check that the information which I have provided for the purposes of concluding this agreement is correct;
Obtain details from any party about my financial status and banking details, including my credit record and payment history;
Give information about this loan to any party, including any credit bureau or National Loans Register;
Disclose to a third party my credit record and payment history;
Disclose my PI in the following instances:
Herewith the Terms and Conditions of Loan Agreement (in terms of section 93(2) of the National Credit Act No. 34 of 2005 (‘the Act”) for Capfin, a division of Century Capital (Pty) Ltd (“Capfin”). These Terms and Conditions form part of and are to be read together with the voice-recorded Pre-Agreement Statement and Quotation and Loan Agreement. Any reference to “agreement· hereunder will mean the voicerecorded Pre-Agreement Statement and Quotation and Loan Agreement together with these Terms and Conditions.
1.1 Capfin is registered with the National Credit Regulator (“NCR”) and subscribes to the National Credit Act.
1.2 Should you wish to lodge a complaint you can contact the NCR on 0860 627 627 or Capfin on 087 354 0000.
1.3 The agreement is concluded once Capfin approves your loan application. The granting of the loan is entirely within the discretion of Capfin.
1.4 Any amendment made to the agreement will only be legally binding once Capfin has notified you in writing of such amendment.
The payment schedule attached to these Terms and Conditions sets out the information relating to the loan amount approved and must be read as part of this agreement.
3.1 The interest rate is fixed for the duration of the agreement and is calculated on the daily balance and capitalised monthly (added to the outstanding loan balance) on the last day of the month.
3.2 In the event that an arrears amount exists on your account due to non-payment or late payment, the interest rate applicable to such amount in arrears shall not exceed the maximum interest rate applicable to your agreement under the NCA.
3.3 Should Capfin change the interest rate, the amount of fees or charges applicable to your account or the frequency or time of payment of a credit fee or charge as provided for in the NCA, Capfin will notify you in writing by way of SMS of the proposed change/s at least 5 business days before such change is implemented.
3.4 Capfin is entitled (with or without notice to you) to waive its entitlement to a portion of any initiation fees due and payable in respect of new loans when granting new loans to certain categories of customers (such categories to be determined by Capfin in its absolute and sole discretion which may include existing customers). Any such waiver by Capfin of its rights to charge full initiation fees will not alter or amend the nature of this credit agreement.
4.1 You have the right to delay concluding this agreement by 5 business days in order to consider the terms of the agreement.
4.2 If you elect, within the above 5 business day period, to conclude the proposed agreement, the agreement will be on the same terms (and at or below the interest rate and cost) as originally quoted to you during your telephonic conversation with our call centre.
4.3 Interest will be charged from the date that the money is paid to you by Capfin and not from the date that the quote was given to you.
5.1 Once the loan amount has been paid into your bank account, you will be responsible for repayment of the total amount as stipulated in the agreement (being the loan amount together with interest and all other charges such as administrative costs).
5.2 You will furnish a debit order in respect of any amount payable under the agreement and you consent to the following:
5.2.1 Capfin will raise a debit order to your account to collect your instalments on the instalment date or on such other date as your employer may deposit your salary;
5.2.2 Where your instalment date is on the day following a public holiday, Capfin will raise the debit order on the previous business day;
5.2.3 Where your instalment date is on the last day of the month, Capfin will raise the debit order on the previous day of that month;
5.2.4 Where your instalment date is on the 1st of the month, Capfin will raise the debit order on the 30th of the previous month;
5.2.5 Payment Instructions due in December may be debited against your account on the Friday prior to the 14th of December, unless otherwise agreed between the parties;
5.2.6 PLEASE NOTE where any of these instalments are due on a weekend, Monday or public holiday, Capfin will raise the debit order on the previous business day;
5.2.7 The reference on your bank statement for all Capfin debit orders will be Capfin;
5.2.8 If there are insufficient funds available to deduct your instalment, Capfin will be entitled to track your account and represent the instruction for payment as soon as sufficient funds are available in your account.
5.3 Should your account fall into arrears, you will furnish a debit order in respect of any amount payable under the agreement and you consent to the following additional terms:
5.3.1 Where your instalment date is between the 2nd to the 14th, Capfin will raise the debit order on the 25th of the previous month;
5.3.2 Where your instalment is on the 15th, 23rd, 24th, Capfin will raise the debit order on the previous business day;
5.3.3 Where your instalment date is between the 25th and 1st, Capfin will raise the debit order on the 23rd of the month;
5.3.4 Payment instructions due in December may be debited against your account on the Friday following the 4th of December, unless otherwise agreed between the parties.
5.3.5 PLEASE NOTE where any of these debit orders are raised on a weekend, Monday or public holiday, Capfin will raise the debit order on the previous business day.
5.4 You are expected to repay the full contractual amount in monthly instalments via debit order for the period specified in the agreement by the due date. Should there be a problem with the debit order, the onus is on you to make alternate payment arrangements prior to the instalment due date to prevent penalty interest or legal costs being applied to the account.
5.1 Once the loan amount has been paid into your bank account, you will be responsible for repayment of the total amount as stipulated in the agreement (being the loan amount together with interest and all other charges such as administrative costs)
5.2 You will furnish a debit order in respect of any amount payable under the agreement and you consent to the following:
5.2.1 Capfin will raise a debit order to your account to collect your instalments on the instalment date or on such other date as your employer may deposit your salary;
5.2.2 PLEASE NOTE where any of these instalments are due on a weekend or public holiday, Capfin may raise the debit order on the previous business day;
5.2.3 The reference on your bank statement for all Capfin debit orders will be Capfin;
5.2.4 If there are insufficient funds available to deduct your instalment, Capfin will be entitled to track your account and represent the instruction for payment as soon as sufficient funds are available in your account.
5.2.5 All monthly instalments and any payment arrangements will be deducted from your recently approved and validated banking details. This means in the event that the provided banking details is not valid or not approved by yourself, Capfin will be entitled to debit any existing valid bank account.
5.2.6 Should your account fall into arrears, Capfin will be entitled to collect an additional amount of up to one and a half times of the agreed instalment amount. This amount is in addition to the monthly instalment amount.
5.3 You are expected to repay the full contractual amount in monthly instalments via debit order for the period specified in the agreement by the due date. Should there be a problem with the debit order, the onus is on you to make alternate payment arrangements prior to the instalment due date to prevent penalty interest or legal costs being applied to the account.
If you fail to make any payment punctually, you agree that Capfin may immediately claim the entire amount you owe in terms of the agreement from you (which includes, without limitation, loan amounts, arrear interest and any other monies owing against the outstanding loan amount). In these circumstances, Capfin may enforce the agreement by taking the following steps:
6.1 Capfin may advise you in writing or by way of SMS that you are in default and propose that you refer the agreement to a debt counsellor, alternative dispute resolution agent, consumer court or om bud with jurisdiction in order to resolve any dispute under the agreement or agree on a plan to bring the payments up to date.
6.2 If you have been in default for at least 20 business days and at least 10 business days have elapsed since Capfin sent you notice as set out in 6 and you have not responded to the notice, or have responded by rejecting Capfin’s proposals, Capfin may approach a court for an order to enforce the agreement.
6.3 You may at any time before Capfin has cancelled the agreement, remedy your default by paying to Capfin all amounts that are overdue, together with Capfin’s permitted default charges and reasonable costs of enforcing the agreement up to the time you remedy your default.
You agree to receive a quarterly statement of account which will be delivered to you by ordinary mail or by email to the posted or email address as provided by you in this agreement. Capfin will, at your request, provide you with a statement setting out all charges levied, all payments made and the balance outstanding.
8.1 You consent to the following:
8.1.1 To contact Capfin in person to obtain a settlement quote in the event that you want to settle your loan before the end of its term. You acknowledge that no third party will be allowed to settle your loan on your behalf.
8.2 You are entitled to terminate this agreement at any time by settling the outstanding loan balance ahead of schedule at any time, with or without prior notice to Capfin. The amount required to settle the loan account is the total of the unpaid balance of the principal debt and the unpaid interest charges and other fees and charges payable up to the settlement date.
8.3 You will only pay a pro rata share of the interest for the time you have had the money if you settle the loan amount ahead of schedule.
8.4 Despite having received a settlement value from Capfin, you remain responsible for making sure that all amounts due by you to Capfin (including without limitation, interest charges and administrative costs) have been settled in full.
If you do not comply strictly with the rules set out in this agreement, commit any act of insolvency, are sequestrated, make any untrue statements or representations, fail to disclose any information that is pertinent to the loan application or do anything that may prejudice the rights of Capfin, Capfin may, without prejudice to any other right that may accrue to Capfin, claim the full amount outstanding which includes, without limitation, the loan amount, arrear interest or any other monies owing against the outstanding loan amount. In these circumstances, the procedural steps set out in 6 above shall apply.
In terms of section 45 of the Magistrates’ Court Act, 32 of 1944, you hereby consent that Capfin may institute any legal proceedings that have to do with this agreement or your account, in the Magistrates’ Court. You consent that we may institute action in any Magistrates’ Court, which, in terms of section 28 of the Magistrates’ Court Act, has jurisdiction over you. If we have to go to court for any reason related to this agreement, you will have to appear in the Magistrates’ Court. We can however choose to institute action against you in any court having jurisdiction.
11.1 Should you be in arrears with your monthly instalments and should Capfin take steps to enforce the agreement in terms of the Act, you shall be liable for all default administration charges and collection costs incurred by Capfin or its appointed collections agent, including collection commissions, costs of an attorney and such other reasonable expenses incurred by Capfin or its appointed collections agent, in enforcing this agreement (such as telephone calls and letters to you), subject to the provisions of the Act.
11.2 Capfin will not collect or its appointed collections agent, attempt to collect any amounts for costs exceeding costs allowed for in terms of the Act, Magistrates’ Court Act No. 32 of 1944, the Supreme Court Act No. 59 of 1959 or the Debt Collectors Act No. 114 of 1998.
12.1 You choose the address as stated in the agreement as the address at which you will accept service of legal documents and notices.
12.2 If you have an address change, you are responsible for informing Capfin of the new address either in writing or telephonically as soon as possible.
12.3 Capfin’s chosen address and contact detail for all purposes under this agreement is as follows, namely: telephone number 087 354 0000 or SMS ‘CASH’ to 43679, postal address PO Box 6507, Parow East, 7501 and physical address at 1 Industrie Street, Kuils River, 7580.
A certificate signed by a Capfin manager (who need not prove that appointment), will be sufficient proof of the balance outstanding under the loan and any other terms of the loan, unless proven otherwise.
Capfin reserves the right, at any time and without notice to you, to cede any or all of its rights in and/or claims against you to a third party elected by Capfin. By acceptance of this agreement, you hereby irrevocably and unconditionally consent to such cession.
The terms of this agreement are the complete and full terms of the agreement between you and Capfin and there are no additional unspoken or implied terms and conditions, unless amended by agreement and in terms of 1.4 above.
When applying for a loan from Capfin, you are entitled to request to be excluded from any or all of the following:
16.1 Telemarketing campaigns conducted by or on behalf of Capfin;
16.2 Marketing and customer lists that are sold or distributed by Capfin, other than as required by the Act;
16.3 Any mass distribution of email or sms messages.
You will be requested to exercise this right during the loan application process. The options you select will appear on the payment schedule attached to this agreement. You’re entitled at any time to contact Capfin and request that the options selected by you be amended.
17.1 You consent to:
17.1.1The processing of your personal information (“PI”) by Capfin, companies in the Capfin group, companies in the Pepkor group and any of their operators, commercial partners, agents and sub-contractors (who may be outside South Africa) on condition they will keep such information confidential;
17.1.2 The collection of your PI from any other sources to add to the PI which Capfin has about you;
17.1.3 Capfin group companies, Pepkor group companies and its commercial partners using your PI and communicating with you regarding products, services, research and special off ers that may be of interest or value to you (marketing).
17.2 If you choose to be excluded from direct marketing campaigns, you must advise Capfin in writing or register a block on the relevant registry which Capfin is bound by law to recognise. Capfin will not charge you a fee to update this request on its systems. Capfin will give eff ect to any changes requested by you as soon as reasonably possible.
18.1 You consent to Capfin conducting a credit enquiry about you and confirming your details with any credit bureau, credit provider or third party and providing your PI, including the manner in which you conduct your account, to:
a) credit risk management services (including credit bureaux); and/or
b) crime prevention agencies.
18.2 Capfin may transfer and share your Pl and information about your loan application, termination and non-compliance with this terms and conditions to the following credit bureaus:
19.1 In terms of the NCA you have the right to:
19.2 The contact details of the NCR and the Tribunal are as follow:
I, the applicant declare and agree that:
The information that I have provided for the purposes of concluding this agreement is true and correct;
I have not taken up any further credit other than that which already existed at the time I applied for this loan from Capfin;
Capfin can add outstanding amounts, relating to my previous loans which have not been settled, to my new loan balance and adjust my monthly repayments on my new loan in accordance with my new loan balance;
Where instalments are deducted from my bank account, I may not close the bank account unless I have informed Capfin of the change and Capfin has agreed to it and I will make sure that my salary is paid into the indicated account until the entire loan (together with all administrative charges and interest) has been repaid;
Notification in terms of Section 72 (1) of the National Credit Act may be given to me by way of SMS;
I will personally contact Capfin to obtain a settlement quote in the event that I want to settle my loan before the end of its term. I acknowledge that a third party may not settle my loan on my behalf;
By accepting this agreement I give Capfin permission to:
Contact anyone to check that the information which I have provided for the purposes of concluding this agreement is correct;
Obtain details from any party about my financial status and banking details, including my credit record and payment history;
Give information about this loan to any party, including any credit bureau or National Loans Register;
Disclose to a third party my credit record and payment history;
Disclose my PI in the following instances:
CAPFIN (Pty) Ltd (“CAPFIN”) Terms and Conditions of Loan Agreement (IN TERMS OF SECTION 93(2) OF THE NATIONAL CREDIT ACT No. 34 OF 2005 (“THE ACT“)). These Terms and Conditions form part of and are to be read together with the voice-recorded Pre-Agreement and Loan Agreement. Any reference to “agreement” hereunder will mean the voice-recorded Pre-Agreement and Loan Agreement together with these Terms and Conditions.
1.1 CAPFIN is registered with the National Credit Regulator (“NCR”) and subscribes to the National Credit Act.
1.2 Should you wish to lodge a complaint you can contact the NCR on 0860 627 627 or CAPFIN on 087 354 0000.
1.3 The agreement is concluded once CAPFIN approves your loan application. The granting of the loan is entirely within the discretion of CAPFIN.
1.4 Any amendment made to the agreement will only be legally binding once CAPFIN has notified you in writing of such amendment.
The payment schedule attached to these Terms and Conditions sets out the information relating to the loan amount approved and must be read as part of this agreement.
3. Interest Rate
3.1 The interest rate is fixed for the duration of the agreement and is calculated on the daily balance and capitalised monthly (added to the outstanding loan balance) on the last day of the month.
3.2 In the event that an arrears amount exists on your account due to non-payment or late payment, the interest rate applicable to such amount in arrears shall not exceed the maximum interest rate applicable to your agreement under the NCA.
4.1 You have the right to delay concluding this agreement by 5 business days in order to consider the terms of the agreement.
4.2 If you elect, within the above 5 business day period, to conclude the proposed agreement, the agreement will be on the same terms (and at or below the interest rate and cost) as originally quoted to you during your telephonic conversation with our call centre.
4.3 Interest will be charged from the date that the money is paid to you by CAPFIN and not from the date that the quote was given to you.
5.1 Once the loan amount has been paid into your bank account, you will be responsible for repayment of the total amount as stipulated in the agreement (being the loan amount together with interest and all other charges such as administrative costs).
5.2 You will furnish a debit order in respect of any amount payable under the agreement and you consent to the following:
5.2.1 CAPFIN will raise a debit order to your account to collect your instalments on the instalment date or on such other date as your employer may deposit your salary;
5.2.2 Where your instalment date is on the day following a public holiday, CAPFIN will raise the debit order on the previous business day;
5.2.3 Where your instalment date is on the last day of the month, CAPFIN will raise the debit order on the previous day of that month;
5.2.4 Where your instalment date is on the 1st of the month, CAPFIN will raise the debit order on the 30th of the previous month;
5.2.5 Payment Instructions due in December may be debited against your account on the Friday prior to the 14th of December, unless otherwise agreed between the parties;
5.2.6 PLEASE NOTE where any of these instalments are due on a weekend, Monday or public holiday, CAPFIN will raise the debit order on the previous business day;
5.2.7 The reference on your bank statement for all CAPFIN debit orders will be CAPFIN;
5.2.8 If there are insufficient funds available to deduct your instalment, CAPFIN will be entitled to track your account and represent the instruction for payment as soon as sufficient funds are available in your account.
5.3 Should your account fall into arrears, you will furnish a debit order in respect of any amount payable under the agreement and you consent to the following additional terms:
5.3.1 Where your instalment date is between the 2nd to the 14th, CAPFIN will raise the debit order on the 25th of the previous month;
5.3.2 Where your instalment is on the 15th, 23rd, 24th, CAPFIN will raise the debit order on the previous business day;
5.3.3 Where your instalment date is between the 25th and 1st, CAPFIN will raise the debit order on the 23rd of the month;
5.3.4 Payment instructions due in December may be debited against your account on the Friday following the 4th of December, unless otherwise agreed between the parties.
5.3.5 PLEASE NOTE where any of these debit orders are raised on a weekend, Monday or public holiday, CAPFIN will raise the debit order on the previous business day.
5.4 You are expected to repay the full contractual amount in monthly instalments via debit order for the period specified in the agreement by the due date. Should there be a problem with the debit order, the onus is on you to make alternate payment arrangements prior to the instalment due date to prevent penalty interest or legal costs being applied to the account.
If you fail to make any payment punctually, you agree that CAPFIN may immediately claim the entire amount you owe in terms of the agreement from you (which includes, without limitation, loan amounts, arrear interest and any other monies owing against the outstanding loan amount). In these circumstances, CAPFIN may enforce the agreement by taking the following steps:
6.1 CAPFIN may advise you in writing or by way of SMS that you are in default and propose that you refer the agreement to a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction in order to resolve any dispute under the agreement or agree on a plan to bring the payments up to date.
6.2 If you have been in default for at least 20 business days and at least 10 business days have elapsed since CAPFIN sent you notice as set out in 6 and you have not responded to the notice, or have responded by rejecting CAPFIN’s proposals, CAPFIN may approach a court for an order to enforce the agreement.
6.3 You may at any time before CAPFIN has cancelled the agreement, remedy your default by paying to CAPFIN all amounts that are overdue, together with CAPFIN’s permitted default charges and reasonable costs of enforcing the agreement up to the time you remedy your default.
You agree to receive a quarterly statement of account which will be delivered to you by ordinary mail or by email to the posted or email address as provided by you in this agreement. CAPFIN will, at your request, provide you with a statement setting out all charges levied, all payments made and the balance outstanding.
8.1 You consent to the following:
8.1.1 To contact CAPFIN in person to obtain a settlement quote in the event that you want to settle your loan before the end of its term. You acknowledge that no third party will be allowed to settle your loan on your behalf.
8.2 You are entitled to terminate this agreement at any time by settling the outstanding loan balance ahead of schedule at any time, with or without prior notice to CAPFIN. The amount required to settle the loan account is the total of the unpaid balance of the principal debt and the unpaid interest charges and other fees and charges payable up to the settlement date.
8.3 You will only pay a pro rata share of the interest for the time you have had the money if you settle the loan amount ahead of schedule.
8.4 Despite having received a settlement value from CAPFIN, you remain responsible for making sure that all amounts due by you to CAPFIN (including without limitation, interest charges and administrative costs) have been settled in full.
If you do not comply strictly with the rules set out in this agreement, commit any act of insolvency, are sequestrated, make any untrue statements or representations, fail to disclose any information that is pertinent to the loan application or do anything that may prejudice the rights of CAPFIN, CAPFIN may, without prejudice to any other right that may accrue to CAPFIN, claim the full amount outstanding which includes, without limitation, the loan amount, arrear interest or any other monies owing against the outstanding loan amount. In these circumstances, the procedural steps set out in 6 above shall apply.
In terms of section 45 of the Magistrates’ Court Act, 32 of 1944, you hereby consent that CAPFIN may institute any legal proceedings that have to do with this agreement or your account, in the Magistrates’ Court. You consent that we may institute action in any Magistrates’ Court, which, in terms of section 28 of the Magistrates’ Court Act, has jurisdiction over you. If we have to go to court for any reason related to this agreement, you will have to appear in the Magistrates’ Court. We can however choose to institute action against you in any court having jurisdiction.
11.1 Should you be in arrears with your monthly instalments and should CAPFIN take steps to enforce the agreement in terms of the Act, you shall be liable for all default administration charges and collection costs incurred by CAPFIN or its appointed collections agent, including collection commissions, costs of an attorney and such other reasonable expenses incurred by CAPFIN or its appointed collections agent, in enforcing this agreement (such as telephone calls and letters to you), subject to the provisions of the Act.
11.2 CAPFIN will not collect or its appointed collections agent, attempt to collect any amounts for costs exceeding costs allowed for in terms of the Act, Magistrates’ Court Act No. 32 of 1944, the Supreme Court Act No. 59 of 1959 or the Debt Collectors Act No. 114 of 1998.
12.1 You choose the address as stated in the agreement as the address at which you will accept service of legal documents and notices.
12.2 If you have an address change, you are responsible for informing CAPFIN of the new address either in writing or telephonically as soon as possible.
12.3 CAPFIN’s chosen address and contact detail for all purposes under this agreement is as follows, namely: telephone number 087 354 0000 or SMS ‘CASH’ to 43679, postal address PO Box 6507, Parow East, 7501 and physical address at 1 Industrie Street, Kuils River, 7580.
A certificate signed by a CAPFIN manager (who need not prove that appointment), will be sufficient proof of the balance outstanding under the loan and any other terms of the loan, unless proven otherwise.
CAPFIN reserves the right, at any time and without notice to you, to cede any or all of its rights in and/or claims against you to a third party elected by CAPFIN. By acceptance of this agreement, you hereby irrevocably and unconditionally consent to such cession.
The terms of this agreement are the complete and full terms of the agreement between you and CAPFIN and there are no additional unspoken or implied terms and conditions, unless amended by agreement and in terms of 1.4 above.
When applying for a loan from CAPFIN, you are entitled to request to be excluded from any or all of the following:
16.1 Telemarketing campaigns conducted by or on behalf of CAPFIN;
16.2 Marketing and customer lists that are sold or distributed by CAPFIN, other than as required by the Act;
16.3 Any mass distribution of email or sms messages.
You will be requested to exercise this right during the loan application process. The options you select will appear on the payment schedule attached to this agreement. You’re entitled at any time to contact CAPFIN and request that the options selected by you be amended.
17.1 You consent to:
17.1.1 The processing of your personal information (“PI”) by CAPFIN, companies in the Pepkor group and any of their operators, commercial partners, agents and sub-contractors (who may be outside South Africa) on condition they will keep such information confidential;
17.1.2 The collection of your PI from any other sources to add to the PI which CAPFIN has about you;
17.1.3 CAPFIN, Pepkor group companies and its commercial partners using your PI and communicating with you regarding products, services, research and special offers that may be of interest or value to you (marketing).
17.2 If you choose to be excluded from direct marketing campaigns, you must advise CAPFIN in writing or register a block on any registry which CAPFIN is bound by law to recognise. CAPFIN will not charge you a fee to update this request on its systems. CAPFIN will give effect to any changes requested by you as soon as reasonably possible.
You consent to CAPFIN conducting a credit enquiry about you and confirming your details with any credit bureau, credit provider or third party and providing your PI, including the manner in which you conduct your account, to:
a) credit risk management services (including credit bureaux); and/or
b) crime prevention agencies.
I, the applicant declare and agree that:
The information that I have provided for the purposes of concluding this agreement is true and correct;
I have not taken up any further credit other than that which already existed at the time I applied for this loan from CAPFIN;
CAPFIN can add outstanding amounts, relating to my previous loans which have not been settled, to my new loan balance and adjust my monthly repayments on my new loan in accordance with my new loan balance;
Where instalments are deducted from my bank account, I may not close the bank account unless I have informed CAPFIN of the change and CAPFIN has agreed to it and I will make sure that my salary is paid into the indicated account until the entire loan (together with all administrative charges and interest) has been repaid;
Notification in terms of Section 72 (1) of the National Credit Act may be given to me by way of SMS;
I will personally contact CAPFIN to obtain a settlement quote in the event that I want to settle my loan before the end of its term. I acknowledge that a third party may not settle my loan on my behalf;
By accepting this agreement I give CAPFIN permission to:
Contact anyone to check that the information which I have provided for the purposes of concluding this agreement is correct;
Obtain details from any party about my financial status and banking details, including my credit record and payment history;
Give information about this loan to any party, including any credit bureau or National Loans Register;
Disclose to a third party my credit record and payment history;
Disclose my PI in the following instances:
1.1 These are the applicable Terms and Conditions (T&C) for Capfin a division of Century Capital (Pty) Ltd, when entering into transactions with Capfin through electronic devices, whether by IVR, mobile phone, internet, or other electronic means (“Self Service Tools”).
1.2 Please read these T&C carefully as it will govern Capfin’s relationship with you (“the User”).
1.3 These T&C are in addition to the Loan terms and conditions (“Loan T&C”) when credit is granted.
2.1 By accessing the Self Service Tools, you are deemed to have read, understood and agreed to these T&C.
2.2 If you do not accept these T&C, you may not continue to use the Self Service Tools.
2.3 Capfin may at any time modify any of these T&C without prior notice.
2.4 The amended T&C will be made available on the website (www.capfin.co.za), mobile website (capfin.mobi) and IVR (08735400IVR).
2.5 Each time you access the Self Service Tools, you agree to be bound by the updated T&C
3.1 Capfin may implement authentication procedures to safeguard the User’s information when using the Self Service Tools.
3.2 If you choose or are issued with a personal identification code (“PIN”) or password as part of registration or security procedures, you must treat such PIN or password as confidential at all times. You are fully liable for all activities and transactions that occur under your PIN or password. You agree to immediately notify Capfin of any unauthorised use of your PIN or password and indemnify Capfin against any loss or damage arising from your failure to comply with this term. Capfin reserves the right to disable a password or PIN at any time for security reasons.
3.3 Your access to and/or use of the Self Service Tools is at your own risk.
3.4 All content related to the products and services featured on the Self Service Tools are based on the laws of South Africa unless expressly stated otherwise.
3.5 Your use of the Self Service Tools and any dispute arising from the use thereof is subject to the laws of South Africa to the exclusive jurisdiction of the courts of South Africa.
3.6 If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the T&C will have full force and effect.
3.7 Capfin may suspend or deny a User access to the Self Service Tools at any time.
3.8 No person or business may mirror any material or content contained on the Self Service Tools
3.9 No person or business may use any technology (including spiders or crawlers) to search and gain any information from the Self Service Tools.
4.1 By accessing the Self Service Tools, you warrant to Capfin that you are legally entitled to do so.
4.2 If you apply for any of our products you warrant that you are legally authorised to apply for such products.
4.3 You undertake to provide Capfin with true, accurate and correct information at all times.
4.4 You further warrant you will not use the Self Service Tools for any purpose that is unlawful or prohibited under South African law or is in contravention of the T&C.
4.5 You hereby indemnify Capfin against any loss, liability, damage or expense of whatever nature which Capfin or any third party may suffer which is caused by or attributable to, whether directly or indirectly, a breach by you of any of the warranties in these T&C.
5.1 Save as set out in the T&C, Capfin makes no warranties, representations, statements or guarantees (whether express or implied) regarding the Self Service Tools made available, therefore the Self Service Tools are available “as is” and “as available”.
5.2 Despite our best endeavours, Capfin cannot warrant non-infringement, compatibility, security and/or a virus-free environment.
5.3 Despite our best endeavours, Capfin does not warrant that the Self Service Tools will be constantly available or available at all.
5.4 Neither Capfin or its directors, employees or agents shall be responsible for, any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by a party as a result of or which may be attributable, directly or indirectly, to a party’s access and/or use of the Self Service Tools.
5.5 Without limiting the generality of the aforegoing, neither Capfin nor its directors, employees or agents shall be liable for any loss of income, loss of data, or any failure or unavailability of the Self Service Tools for any reason whatsoever, and/or the failure or delay by any third party service provider to render any service necessary to ensure the availability of the Self Service Tools.
5.6 Capfin undertakes to correct any fault in the Self Service Tools as soon as reasonably practical.
5.7 Accessing the Self Service Tools for credit merely constitutes an invitation by Capfin for you to make an application for credit. Capfin reserves the right not to accept a credit application for any reason whatsoever on notice to you.
5.8 Should Capfin accept your application for credit, the agreement is governed by the Loan terms and conditions and not by these T&C which is limited to the use of the Self Service Tools.
6.1 All intellectual property rights, title, interest and/or ownership in and to all data, material, text, drawings, logo’s, software and technical specifications made available through the Self Service Tools are owned by Capfin, or lawfully used by Capfin, and are protected by South African and/or international intellectual property laws.
6.2 Any unauthorised modifying, copying, reproduction, retransmission, distribution, dissemination, sale, publication, or other exploitation of such protected items or any component thereof will be an infringement of the intellectual property rights of Capfin.
6.3 Nothing contained in the Self Service Tools should be construed as granting any licence or right to use any intellectual property without the prior written permission of Capfin.
7.1 Your privacy is important to us, even if you are no longer a customer of ours.
7.2 All personal information will be kept in the strictest confidence as required by relevant legislation.
7.3 Capfin may use your personal information:
8.1 All Cellular Airtime Vouchers are issued as an incentive for existing and former Capfin Customers only to scan their valid required proof of income docuements.
8.2 The determination of the validity of any document, in so far as it means the burden of proof required by Capfin’s Credit Policy, is at the sole discretion of Capfin and is not open to negotiation, dispute or query.
8.3 The delivery, use, and access to an issued Cellular Airtime Voucher and Voucher PIN are at the sole discretion of Capfin.
8.4 The issuance and use of the Cellular Airtime Voucher has no bearing on the issuance of a loan, nor is it contingent on the approval of any loan application by Capfin.
8.5 Capfin bears no responsibility for the loss, deletion or otherwise misuse of a Cellular Airtime Voucher by a Capfin Customer; as such no Cellular Airtime Voucher codes will be resupplied or reissued, without exception.
8.6 The Cellular Airtime Voucher is not redeemable for cash, credit or any other form of monetary value. Cellular Airtime Vouchers will not be represented on any statements or loan documentation, nor will they be available in writing other than via SMS.
8.7 The issuance of a specific Cellular Airtime Voucher denomination is at the sole discretion of Capfin, and may be changed without any prior warning and to any other denomination without notice.
8.8 Capfin bears no responsibility for any interruption or failure of service by any Mobile Network Operator, or their appointed Third Party Cellular Airtime Voucher Supplier.
8.9 Capfin reserves the right to suspend the issuance of Cellular Airtime Vouchers at any time without any forewarning or notification, without any further claim or expectation by any existing and former Capfin Customer, whatsoever.
8.10 All Cellular Airtime Voucher promotions are for a limited time period and there can be no expectation of endurance.
8.11 All Cellular Airtime Vouchers are valid for a period of 30 (thirty) consecutive calendar days only, and this period of validity may be changed at Capfin’s sole discretion, at any time and without any prior warning or notification.
8.12 No more than 1 (one) Cellular Airtime Voucher may be active and issued to an existing or former Capfin Customer at any time.
1. For the purposes of these Terms and Conditions, “Capfin” shall mean Capfin SA (Pty) Ltd (Registration number: 2011/126985/07) and, where necessary, any associated company of Capfin;
2. “Confirmed Entrant(s)” shall mean any person(s) who enter this promotion by means of scanning their personal documents instore to check how much they qualify for, at any of Capfin’s commercial partners in South Africa or by SMSing their SA ID number to 33005, or online @ Capfin.co.za;
3. “Personal Documents” shall mean South African Identification document, 3 (three) most recent bank statements or 3 (three) latest payslips;
4. “Personal information” shall mean the Name, Surname, Identity number, contact details, proof of registered South African banking details and any other necessary personal and or identifiable information of the Confirmed Entrant(s);
5. “Family Members” shall mean spouses, biological or lawful parents, siblings or children, whether dependant on the relevant employee or not;
6. “Prize(s)” means a monetary award(s), comprising of an amount of R50 000.00 (Fifty Thousand Rand) in cash prizes to 20 (Twenty) winners via all Capfin’s marketing channels, the determination and allocation of which will be at the sole discretion of Capfin;
7. “Winners” means the recipient(s) of the Prize(s) awarded to a Confirmed Entrant(s), following a selection thereof by Capfin, whose decision(s) shall be at all times final;
8. “Business Days” means every day of the week excluding Saturdays, Sundays and public holidays;
9. “Calendar Days” means every day of the week including public holidays;
10. “Capfin commercial partners” means any business affiliates of Capfin and/or its associated companies;
11. The above general definitions shall apply herein and in all correspondence relating to this Promotion save where expressly altered or the context indicates otherwise.
12. This Promotion is available to all Confirmed Entrant(s) who enter by means of finding out the loan amount that they could qualify for, via any of the Capfin loan application channels or platforms;
13. To check how much you could qualify for, automatically guarantees entry into the prize draws, and Capfin reserves the right to scrutinise and vet the authenticity of the information provided;
14. Only Confirmed Entrant(s) who do not have a current Capfin Loan at the time of entry into this promotion will be included in the prize draw;
15. Only Confirmed Entrant(s) who have not won a prize(s) within the last 6 (Six) months in any Capfin Promotional giveaway will be eligible to win a prize(s) in this promotion;
16. Entry will be confirmed by SMS or email communication to the Confirmed Entrant(s);
17. By means of their participation in this Promotion, Confirmed Entrant(s) acknowledge that no payment is required for such entry and a Capfin Loan is in no way a requirement for entry into the Promotion. Capfin merely requires the submission of valid personal documents from all entrants;
18. By sharing your South African ID number, all Entrants consent to the use of their personal data by Capfin for the purposes of the administration of this Promotion and any other reasonable promotional obligations and un-associated marketing campaigns;
19. Entrants must be 18 years of age or older, a citizen of the Republic of South Africa and have a valid banking account (in their own name) and cell phone number to enter this Promotion and qualify for the prize;
20. All Capfin, Ackermans, Pep employees and all Capfin commercial partners and their family members will not be eligible to enter this competition.
21. This Promotion is valid from the 5th April 2019 until the 3rd May 2019;
22. Due to the requirement of scrutinising the validity of entries, a Confirmed Entrant’s entry will only be valid until Final draw dates as per clause 26 below.
23. Confirmed Entrants selected to be winner(s) in the prize draw will receive a pre-designated monetary prize (“prize”) in the amount of R50 000.00 (Fifty Thousand Rand) each to 20 (Twenty) winners, decided upon at the sole discretion of Capfin and will be paid to the winner(s) by Capfin within 14 (Fourteen) business days from when documents are received, subject to clauses 25 and 27 below. The prize(s) shall be paid directly into the winner’s personal South African bank account following confirmation of the validity thereof provided by the winner. In addition, Capfin will not be liable for any charges or tax associated with the payment of the prize amount, and Capfin hereby confirms that no prize(s) will be paid out in physical cash or in any other means other than by direct deposit into a valid nominated South African bank account;
24. The Prize(s) will be paid out by means of electronic direct deposit in South African Rand only;
25. Capfin will not be liable for any delay(s) with prize pay outs to be attributed to the late submission of personal information provided by the Winner(s) - refer to clause 23 above;
26. The winner(s) draw will take place on the 6th May 2019;
27. The winner(s) will be announced telephonically on the 7th May 2019 or such reasonable time and date thereafter circumstances depending.
28. Upon inclusion of the details of all Confirmed Entrants on a list, a designated Capfin employee will select a winner(s) by means of an automated Microsoft Excel formula for randomisation;
29. Should Capfin not be able to make telephonic contact with the winner after 4 (four) attempts (meaning 4 individual attempts at contacting the winner(s) to any cell phone number provided by the winner to Capfin) over a period of two days, that winner’s right to the prize will be deemed to be waived and the prize will be forfeited. Capfin reserves the right to award the prize to the next randomly drawn Confirmed Entrant using the same computerized means;
30. The respective Capfin representative will then make the necessary contact with the winner(s) via the contact details provided to Capfin by the RESPECTIVE winner(s);
31. The winner(s) have 14 (Fourteen) calendar days within which to submit their required personal information or that winner’s right to the prize will be deemed to be waived and the prize will be forfeited – refer to clause 25 above.
32. The prize(s) is in no way transferrable or substitutable for any other prize or monetary denomination;
33. Capfin reserves the right to exclude any person from this Promotion on reasonable grounds, in which instance Capfin’s decision will be final;
34. Capfin reserves the right to refuse to make a prize award, or to withhold the payment of any prize, to any winner regardless of the successful completion of the competition process who Capfin decides (in its sole discretion) has violated the terms and conditions of the Promotion, or who has participated herein using suspected fraudulent means or dishonest information;
35. Only one entry per Confirmed Entrant is acceptable.
1. For the purposes of these Terms and Conditions, “Capfin” shall mean Capfin SA (Pty) Ltd (Registration number: 2011/126985/07) and, where necessary, any associated company of Capfin;
2. “Confirmed Entrant(s)” shall mean any person who enter(s) the Capfin “See how much you could qualify for and stand a chance to be 1 of 20 winners to win R50 000.00 each, “wherever you are” by applying at a Capfin stand in participating mall(s) in South Africa and who participates in various promotional activities as well as online via Social Media and a digital spin-the-wheel, to win spot prizes in participating malls;
3. “Participating Mall(s)” shall mean respective shopping malls in South Africa specified in terms of clause 20 below;
4. “Various Promotional Activities” shall mean the following activities: “Spin the Wheel” where customers will have the opportunity to spin a digital wheel or participate in a Virtual Reality challenge where customers will be allowed to challenge each other at a Capfin stand in participating mall(s) in South Africa;
5. “Social Media” shall mean Capfin’s Social Media Platforms which shall include websites and applications that enable users to create and share content or to participate in social networking and shall include for the purposes of this promotion, but not be limited in future to, Capfin SA Facebook, Capfin (@CapfinSA) Twitter and/or capfin_sa Instagram accounts;
6. “Family Members” shall mean spouses, biological or lawful parents, siblings or children, whether dependant on the relevant employee or not;
7. “Prize(s)” means Capfin branded spot prizes consisting of power banks, wireless earbuds and photo lens kits to an unspecified number of winners each who participates in Capfin’s various promotional activities at each Participating Mall in South Africa, the determination and allocation of which will be at the sole discretion of Capfin or its agent(s);
8. “Winners” means the recipient(s) of the Prize(s) awarded to a Confirmed Entrant(s), following a selection thereof by Capfin, whose decision shall at all times be final;
9. “Capfin commercial partners” means any business affiliates of Capfin and/or its associated companies;
10. The above general definitions shall apply herein and in all correspondence relating to this Promotion save where expressly altered or the context indicates otherwise.
11. This Promotion is available to all Confirmed Entrant(s) who enter(s) by means of participating in Capfin’s “See how much you could qualify for and stand a chance to be 1 of 20 winners to win R50 000.00 each, “wherever you are” by applying at a Capfin stand in participating mall(s) in South Africa and who participates in various promotional activities as well as online via Social Media to win spot prizes in participating malls;
12. Upon entry, all Confirmed Entrants who take part in the various promotional activities are to sign a Consent and Indemnity Form in order to participate in this Promotion and be eligible to win a prize(s);
13. All confirmed Entrants who SMS their Identity number or provide their personal details on the mobile app will also be included in the prize draw for the “be 1 of 20 winners to win R50 000.00 each “wherever you are” promotion;
14. By means of their participation in this Promotion, Confirmed Entrant(s) acknowledge(s) that no payment is required for such entry and a Capfin loan application is in no way a requirement for entry into this Promotion. Capfin merely requires participation of all entrants;
15. By participation, all Entrants consent to the use of their personal data by Capfin for the purposes of the administration of this Promotion and any other purposes including this Promotion and any other reasonable promotional obligations and un-associated marketing campaigns;
16. Entrants must be 18 years of age or older and a citizen of the Republic of South Africa to enter this Promotion and qualify for the prize(s);
17. All Capfin, Ackermans, PEP employees and all Capfin commercial partners and their family members will not be eligible to enter this promotion.
18. This Promotion is valid for the period of 19th April 2019 to the 4th May 2019 at Participating Malls in South Africa.
19. Confirmed Entrants selected to be winner(s) in this Promotion will each receive spot prizes consisting of Capfin branded power banks, wireless earbuds and photo lens kits or such other prizes as decided from time to time by Capfin, at their sole discretion, of which prizes will be allocated and distributed by Capfin at their sole discretion to the winner(s) of this promotion;
20. Mall Activations and Promotions will take place at Participating Malls in South Africa on the 19th and 20th April 2019 in Johannesburg and Cape Town, on the 26th and 27th April 2019 in Johannesburg and Cape Town and the 3rd and 4th May 2019 in Kwa-Zulu Natal, please refer to the Mall Activation and Promotional schedule below;
Mall Activation and Promotional Dates:
Activation Date
|
Mall Name
|
Region
|
19 & 20 April 2019
|
Clearwater Mall
|
JHB
|
|
Canal Walk
|
CPT
|
26 & 27 April 2019
|
Clearwater Mall
|
JHB
|
|
Cavendish Mall
|
CPT
|
3 & 4 May 2019
|
Gateway Mall
|
KZN
|
|
Mall of Africa
|
JHB
|
21. Winners will be announced live at the respective Participating Malls on the dates mentioned in clause 20 above or such reasonable time and date thereafter circumstances depending.
22. The selected Confirmed Winner(s) will be announced directly after participation in the relevant event(s) and the prize(s) will be awarded by the respective Capfin representative(s) immediately thereafter to the Confirmed Winner(s);
23. The prize(s) is/are in no way transferrable or substitutable for any other prize(s) or monetary denomination;
24. Capfin reserves the right to exclude any person from this Promotion on reasonable grounds, in which instance Capfin’s decision will be final;
25. Capfin reserves the right to refuse to make a prize award to any winner(s) regardless of the successful completion of the competition process who Capfin decides (in its sole discretion) has violated the terms and conditions of this Promotion, or who has participated herein using suspected fraudulent means or dishonest information;
26. Only one entry per Confirmed Entrant is acceptable.
27. Confirmed Entrants in this Promotion consent by means of their participation that all information provided to Capfin, whether of a personal nature or otherwise, may be stored and processed on a secured database, which information may be used for future promotional activities by Capfin and its associated companies and they waive any claims to royalty rights or remuneration for such use;
28. No negotiations will be entered into as to the awarding of a prize or the contents of these terms and conditions, and at all times Capfin’s decision remains final and binding;
29. Capfin directs all Confirmed Entrant’s attention to the Capfin website for any additional terms and conditions relating to this Promotion;
30. Capfin reserves the right to amend these terms and conditions from time to time, and at their sole discretion, should they be required to do so by any applicable law or regulatory body, and furthermore reserves the right to withdraw this Promotion entirely should it be required to do so by any law or regulatory body without liability attaching to Capfin for such action or the result thereof.
© 2010 – 2019 Capfin SA (Pty) Ltd - Registration Number 2011/126985/07 - NCRCP11812. All rights reserved.
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