Credit Card Account And Credit Facility Terms And Conditions Of Use

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CREDIT CARD ACCOUNT AND CREDIT FACILITYTERMS AND CONDITIONS OF USEWesBank Credit Card issued, financed,owned and administrated by FirstRand Bank Limited. Reg No. 1929/001225/06.An Authorised Financial Services and Registered Credit Provider (NCRCP20).Effective Date: 1 July 2016These terms and conditions form part of the agreement which governs the use of the Credit Card Account and Credit facility and furtherregulates the relationship between the Bank and the Cardholder. The use of the Credit Card Account and/or the Credit facility will be deemedas your acceptance of all the terms and conditions governing the agreement.Sections of this DocumentSection C: Terms and conditions applicable to the Credit FacilitySection D: Reward ProgrammesSection E: Value Added Benefits and ServicesSection A: Terms and conditions applicable to both the Credit Card Accountand Credit facilitySection B: Terms and conditions applicable to the Credit Card AccountSection A:Terms and Conditions applicable to both the Credit CardAccount and Credit Facility3.51.Issue of the Credit Card Account and grant of the CreditFacility1.1The issue of the Credit Card Account and grant of the Credit Facilityare subject to these Credit Card Account and Credit Facility Terms andConditions of Use as published and amended by us from time to time.The Credit Card Account is a Financial Services Product (a deposittaking and transacting product) as defined in the Financial Advisory andIntermediary Services Act 37 of 2002.The Credit Facility is a facility with a credit limit as defined in Section 8(3)of the National Credit Act 34 of 2005.If you are granted a Credit Facility, the Credit facility is attached to andmaintained in association with the Credit Card Account therefore theCredit Facility will not be granted in the absence of the Credit CardAccount.The Credit Card Account is independent of the Credit Facility and may begranted in the absence of the Credit Facility. of these Terms and Conditions2.1By applying for and using the Credit Card Account and/or the CreditFacility, your action will be deemed as acceptance of all the terms andconditions governing the agreement.Should you have entered into this agreement electronically, telephonicallyor in writing such mechanisms utilised to enter into this agreement shallbe valid, binding and undisputed.These terms and conditions are applicable to all customers save wherethe headings indicate otherwise2.22.3General obligations when you use the Credit CardAccount and/or the Credit Facility3.1The Credit Card Account and/or Credit Facility issued in your name isintended for your use only.You must not use the Credit Card Account and/or the Credit Facility for anyillegal transactions. It is your responsibility to determine if a transaction islawful before you use the Credit Card Account and/or Credit Facility.Your Credit Card Account and/or Credit Facility must not be used toparticipate in online gambling activities and for the purchase of onlineforeign lottery tickets.If you use the Credit Card Account and/or Credit Facility outside theCommon Monetary Area, you must comply with applicable Exchange3. Regulations. (For further information on Exchange ControlRegulations you may phone WesBank Credit Card Customer Care on087 575 9429).You warrant to the Bank that the granting of and the use of the Credit CardAccount and/or Credit Facility will not in any way be a contravention of theExchange Control Regulations or any similar regulations promulgatedfrom time to time and that you will comply with all relevant ExchangeControl requirements. In addition, you are reminded that ExchangeControl Regulations currently stipulate that Cardholder’s in whose namesone or more bank credit and/or debit cards have been issued, may bepermitted to make permissible foreign exchange payments for smalltransactions, e.g. imports over the Internet, by means of such credit and/or debit cards. Payments are limited to R50,000.00 per transaction. Thisdispensation does not absolve you from ad valorem excise and customduties or from complying with the requirements imposed by Customs.We are obliged to report transactions that occur outside the CommonMonetary Area to the South African Reserve Bank, the South AfricanRevenue Service and/or the Financial Intelligence Centre.Any transaction or payment in a currency other than South African Rand(“Rand”) will be converted to Rand at Visa’s prevailing rate of exchangeon the date of processing of the transaction to your Credit Card Accountand/or Credit Facility. The transaction will appear on your monthlyaccount statement in Rand.Be aware that merchants may not process the transaction on the date ofthe transaction. This can result in exchange rate differences, which youwill be liable for.Should a merchant manually override the processing of a transaction,you will be liable for that transaction.Use of the Credit Card Account and/or Credit Facility to access andtransact over our other delivery channels like electronic or telephonebanking is subject to the terms and conditions of such other channels.4.General obligations when you use the Credit Card4.1The Credit Card remains our property and you must return it to usimmediately on our request.The Credit Card is a Visa-branded card, issued by us under license fromVisa. As soon as you receive the Credit Card, you must sign the back ofit in ink.Should a magnetic stripe Credit Card be issued to you, you will be givena PIN, which you may change at your discretion at any FNB ATM.Should you be issued with a chip & PIN Credit Card, you will have toutilise the services at an FNB branch to change your PIN.When a Credit Card has been re-issued to you, the PIN you used for yourprevious Credit Card will still be valid.Should your re-issued Credit Card be a magnetic stripe Credit Card, youmay change this PIN at any FNB branch or FNB ATM. Credit Card Account and Credit Facility Terms and Conditions of Use – July 20161 your re-issued Credit Card be a chip & PIN card, you will have toutilise the services at an FNB branch to change your PIN.You must keep the Credit Card safe and the PIN secret and separatefrom the Credit Card.The Credit Card, Credit Card details and PIN will enable you to performtransactions at merchants, operate the Credit Card at ATM’s and performtransactions via our access channels.You must only use the Credit Card in the period stated on the front ofthe Credit Card, unless it is cancelled before the expiry date in terms ofclause 14 below. After this period the Credit Card will be invalid.When a Credit Card is used to buy goods or services from a merchant,you must sign a transaction voucher and/or apply your PIN, as requiredby the merchant.You must sign a cash withdrawal voucher when using the Credit Card todraw cash other than from an ATM.If the transaction takes place by mail order, telephone order or otheraccess channels you will be asked for certain Credit Card relatedinformation before you may use these channels to transact.You may transact at merchants who accept Visa or Visa Electron brandedCredit Cards (as applicable depending on your Credit Card type) and wewill subsequently debit your Credit Card Account and/or Credit Facility.You are liable to repay us for all monies debited to your Credit Facility.You may, at the discretion of the merchants, use the Credit Card for fueland fuel-related purchases.The Visa Electron Credit Card is for electronic use only which means thatit can be used at an electronic point of sale device or at an ATM.5.Petro Card5.1You may use the Petro Card at selected merchants to buy fuel and fuelrelated products (including petrol, diesel, oil, additives and lubricants) andmotor vehicle spares, parts and accessories.You may also use the Petro Card to pay for motor vehicle repairs, vehiclemaintenance services and toll fees.You may only use the Petro Card in the Common Monetary Area.You may link the Petro Card to your Credit Card Account and/or CreditFacility or you may have a separate Standalone Petro Card Account and/or Standalone Petro Credit Facility in your name. information6.1We will not be liable if a merchant refuses to accept the Credit Card orhonour a transaction.It is our decision to authorise a transaction. We will not be liable if we donot authorise a transaction.6.27.Unauthorised use of the Credit Card, Credit Card Accountand Credit Facility7.1You must take all reasonable steps to prevent any unauthorised use ofthe Credit Card and/or Credit Facility and/or PIN details and/or CreditCard Account.In the event of your Credit Card being stolen, lost or retained by the ATMand where your Credit Card details or your PIN have been compromised,you must notify WesBank Credit Card immediately by calling 0800 110132 / 087 575 9429.Provided you were not negligent in safeguarding the Credit Cardor in reporting the Credit Card lost or stolen, you will not be liable forunauthorised and fraudulent transactions that occur on the Credit Cardas a result of the loss or theft, except for PIN-based transactions.Lost Card Protection (“LCP”) is provided to you at no additional cost. LCPwill protect you against unauthorised and fraudulent use of the CreditCard. This excludes PIN-based transactions, if the Credit Card is lost orstolen.If you are negligent in reporting the Credit Card lost or stolen or insafeguarding the Credit Card or Credit Card details, you will not becovered for LCP and will be responsible for all unauthorised andfraudulent use of the Credit Card.Any delay in reporting the Credit Card lost or stolen will be regarded asnegligence and you will have to prove to us that you were not negligent.Any unauthorised transaction made by using the Credit Card and PINsolely with the PIN functionality or non-swiping Credit Card transactions,will not be covered by us and will be your sole responsibility.You indemnify FRB and accept full liability for all specific and relatedlosses as a result of any fraudulent activity in the event that yourefuse or decline a request by FRB to have a Credit Card cancelledand re-issued for whatever reason at FRB’s sole discretion. System malfunctions8.1We are not liable for any direct or indirect loss suffered by you arisingfrom any malfunction, failure or delay in any ATM, electronic point of saledevice, access channel or shared networks.9.Authority to debit your Credit Card Account and/orCredit Facility9.1Each time you use the Credit Card or the Credit Card details to accessyour Credit Card Account and/or your Credit Facility to transact, we willdebit your Account and/or Credit Facility with the amount of the purchase,cash withdrawal or transfer(s).You must repay us for all payments that we have made or will make toa merchant for any debit transaction which has been processed to yourCredit Facility.All payments we or you have made to a merchant for any transaction arefinal and irreversible, unless a reversal is allowed by the Visa rules andregulations as published by Visa from time to time.A dispute between you and any merchant will not affect our right to debityour Credit Card Account and/or Credit Facility and receive payment (ifapplicable).All debits are processed in Johannesburg. Credit Cards10.1Additional Credit Cards linked to your Credit Card Account and/or CreditFacility may be issued to people you have chosen to receive a CreditCard. Credit Cards are issued in their names. These people are referredto as additional credit cardholder’s.The issue of additional Credit Cards will not change the credit limit onyour Credit Facility.It is your responsibility to ensure that additional credit cardholder’scomply with the terms of this agreement.You must ensure that you and any additional credit cardholder’s do notexceed your credit limit on the Credit Facility.Transactions made by additional credit cardholder’s using the additionalCredit Card, interest, fees and charges relating to the additional CreditCard, will be debited to your Credit Card Account and/or Credit Facility.You will be liable for all amounts owed to us derived from the use of theadditional Credit Card. This means that we will recover from you the fullamount owed to us on the Credit Facility.You may only end the additional credit cardholder’s right to use theCredit Card if you tell us in writing that you wish to do so and you mustensure that the additional Credit Card is destroyed. When destroying theadditional Credit Card, you must cut through the magnetic stripe andCredit Card number so that the Credit Card cannot be used again. Shouldyou fail to destroy the Credit Card you will be liable for any transactionson your Credit Card Account and/or Credit Facility after the notification oftermination of this additional Credit Card.10.210.310.410.510.610.711.Statements, Payments and Deposits11.1Account Statements11.1.1We will send you a monthly combined Credit Card Account and/or CreditFacility statement (monthly account statement).Your monthly account statement will show your transactions for themonth, advise you of any deposits you have made, all amounts chargedto your Credit Card Account and/or Credit Facility since your previousmonthly account statement, the total amount payable (if any), which is thefull outstanding amount which you owe us, the minimum monthly amountpayable and due to us (if any), and the due date by which you must paythis amount.The full outstanding amount on the Credit Facility is due and payablemonthly, but you may defer payment by paying the minimum monthlyamount that is stipulated in the monthly account statement.Should you have a dispute in respect of the monthly account statement,you must advise us in writing within thirty (30) days of the statement date.Unless you let us know in writing that there is an error on the monthlyaccount statement, the statement sent to you will be final and binding.Should you not receive your monthly account statement, you must bringthis to the attention of WesBank Credit Card Division, failing which we willregard it as being received.On the Credit Facility, interest will accrue in the normal course on thetransaction amount unless it is established that it was correctly disputed.When this agreement ends, you will no longer receive your monthlyaccount statement.A certificate signed by any authorised employee of the Bank (whoseappointment or authority it shall not be necessary to prove) Bank Credit Card Account and Credit Facility Terms and Conditions of Use – July 20162

constitute prima facie evidence of the outstanding balance owing and/ordue and payable by you to the Bank and/or the rate of interest payableby you and/or any other amount owing and/or due and payable by you tothe Bank in terms hereof and/or any other matter arising from or relatedto your Credit Facility.11.2Payments and deposits11.2.1You can pay the full outstanding amount on the Credit Facility on or beforethe due date shown on the monthly account statement. Alternatively, youmay defer payment of the full amount outstanding over an extendedperiod, but you must pay at least the minimum monthly amount by thedue date shown on the monthly account statement.You must expressly instruct us if payments made into your straight facilityare intended to be allocated to the budget facility.Your payment or deposit may not reach us on the same day as youmake it, due to possible delays and the time it takes to be processed.We consider your payment or deposit to have gone through only once wereceive the funds at WesBank Credit Card’s Division in Johannesburgand the funds are reflecting as a credit on your Credit Card Account and/or Credit Facility, as evidenced by our systems. Please allow for thiswhen making your payment.If a payment is sent to us by post, we will only credit your Credit CardAccount and/or Credit Facility when we receive the funds at WesBankCredit Card’s Division in Johannesburg. The risk of the postal paymentbeing intercepted lost or stolen while in transit to us remains your riskuntil the payment is received at WesBank Credit Card’s Division inJohannesburg.If a cheque is deposited into your Credit Card Account and/or CreditFacility, the proceeds of the cheque will only be available as cash whenthe drawer’s bank has honoured the cheque irrespective of the chequeclearance period. If the cheque proceeds are made available on yourCredit Card Account and/or Credit Facility prior to the cheque beinghonoured, we are entitled to debit your Credit Card Account and/or CreditFacility with the amount of the cheque proceeds and any associatedinterest if the cheque is subsequently dishonoured by the drawer’s bankfor whatever reason.You may cancel or settle your Credit Facility at any time, by paying theamount you owe there under, with or without giving advance notice tous. You are obliged to ensure payment of (a) the unpaid balance of yourCredit Facility; (b) the unpaid interest charges; and (c) all other fees andcharges that may be due.All payments we receive on the Credit Facility will be credited asapplicable, first to interest, then to expenses incurred by us in collectingany amount you owe us, then to charges and fees, and lastly to the dueand payable transaction amounts.Should your Credit Facility be in arrears for thirty (30) days or more, youare not allowed to transact on your Credit Facility. You may still transacton the Credit Card Account.You must always use your account number as a reference when makinga payment or deposit into your Credit Card Account and/or Credit Facility.Your payment will be considered to be received as per clause .2.811.2.9Charges and fees12.1A Credit Card Account Fee will be charged for the administration andmaintenance of your Credit Card Account.A Credit Facility Fee will be charged for the administration andmaintenance of your Credit Facility.If you are granted a Credit Facility in addition to your Credit Card Accounta separate Credit Facility Fee will be charged over and above the CreditCard Account Fee for the Credit Card Account.Apart from the credit related charges to your Credit Facility, your CreditCard Account will be debited for non-credit related charges.You may get a copy of our pricing guide by contacting our WesBankCredit Card Division, or on our website,.Fees and charges are reviewed annually or at any time at our discretionin which event you will be given a thirty (30) business days notice beforethe change is effected.Once debited to your Credit Card Account and/or Credit Facility, fees andcharges are non-refundable and will not be reversed.Charge-backs will only be allowed if it is done in accordance with the VisaRules and Regulations as published from time to time.You shall not be entitled to defer payment or refuse to make payment ofany amounts payable by you in respect of your Credit Card Account and/or Credit Facility, on the basis that you have a claim or query regardingany of the services provided for in this agreement.12.312.412.512.612.712.812.912.1112.12If your Credit Facility goes into arrears, you will be liable for all legalfees and expenses, on the attorney and client scale, including collectioncommission and tracing fees.If your Credit Card Account is overdrawn, you will be liable for all legalfees and expenses, on the attorney and client scale, including collectioncommission and tracing fees.In terms of common law, the Bank has the right, if necessary whereyou are in default or breach of this Credit Agreement, to Set-off anyoutstanding amounts that are due and payable against funds (credits)available in other accounts you have with the Bank.13.Amendments to these terms and conditions13.1We may, at our discretion and at any time, amend these terms andconditions.You will be given notice of the amendments as statement messages inyour monthly account statement.If you are dissatisfied with the amendments, you have the right to endthis agreement before the effective date of the amendments, in whichcase the provisions of clause 14 below shall apply. Unless you terminatethis agreement before the effective date of the amendments, you will bebound by them.The use of your Credit Card Account and/or Credit Facility after theeffective date of the amendment would be regarded as your acceptanceof the amended terms and conditions.13.213.313.414.Ending this agreement14.114.2You may, at any time, end this agreement by advising us in writing.You may end the Credit Facility agreement without ending the CreditCard Account agreement. However, you may not end the Credit CardAccount agreement without ending the Credit Facility agreement.Apart from other valid reasons to end your agreement, where there isfraud or we suspect there may be fraud on your Credit Card Account and/or Credit Facility and if we are compelled to do so by law we will suspendboth your the Credit Card Account and/or Credit Facility without notice.We will suspend your Credit Facility without notice if you do not pay usany amount due on time or at all, if you breach any term of this agreement,or if your estate is provisionally or finally sequestrated or placed underadministration or debt counselling.We may, at our discretion, end this agreement and/or your right to usethe Credit Card Account and/or your Credit Facility and we will inform youof the reason. We reserve the right to end the Credit Facility agreementif you do not pay us any amount due on time or at all, if you breachany terms of this agreement, or if your estate is provisionally or finallysequestrated or placed under administration or debt counselling.When your Credit Facility and/or your right to use the Credit Facility ends,the full amount you owe us will immediately become due and payable.You must then pay us the full amount owing on your Credit Facility.Should you wish to end your Credit Card Account you must destroy thecredit card. When destroying the credit card, you must cut through themagnetic stripe and credit card number so the credit card cannot be usedagain.If you have a credit balance in your Credit Card Account, the creditbalance will be paid by us into an account nominated by you.Should you fail to destroy the credit card in terms of clause 14.7 above,you will be liable for any transactions on your Credit Card Account and/orCredit Facility after the notification of termination of this agreement.Even if this agreement ends, we will be entitled to rely on the rightsacquired under this agreement before it 015.Where and how we may contact each other15.1You agree that the Credit Provider may send you any communication,which includes any document, form or notice by hand, ordinary mail,prepaid registered mail, fax, e-mail, SMS, MMS, FNB Online Notification,FNB App Notification, printable webpage and/or any other electroniccommunication method.Any section 129(1)(a) default notice or section 86(10) termination of debtreview notice will be delivered to you by prepaid registered post and/or byhand.Documents, forms, notices or processes that the Credit Provider must bylaw serve on you will be served at your address as chosen and recordedin the Quotation. (This is your domicilium citandi et executandi address,your chosen address to receive legal documents.)Any legal notice, form, document or process you want to send to theCredit Provider must be delivered to the following address: 3rd Floor;1 First Place; BankCity; Corner Simmonds and Pritchard Streets;Johannesburg; 2001.15.215.315.4WesBank Credit Card Account and Credit Facility Terms and Conditions of Use – July 20163

15.515.6Either you or the Credit Provider may change the above addresses toanother address by giving each other written notice (by hand; prepaidregistered mail or e-mail at the following e-mail address) of the new address. Notice must be given of the change at leastten (10) business days before the change will apply.A document; form; notice or process will be treated as having beenreceived by the party to whom it was sent: If delivered by hand during normal hours — on the date it wasdelivered. If posted by prepaid registered mail — at 10h00 on the fourth dayafter the post office issued the registration receipt. If posted by ordinary mail — at 10h00 on the fourth day after thedocument is posted. If sent by fax — on the date shown on the receipt the fax machinegenerates. If sent by e-mail or printable webpage — on the date on which thenotice was e-mailed.16.Marketing Consent16.1You will only be sent marketing material from us in circumstances whereyou have consented to the receipt of the material and/or consented toyour personal details and address being used by or on behalf of WesBankCredit Card, to offer and send you information on services and productsfrom business units and divisions within FirstRand Bank (e.g. FNB, RMB)or external companies to FirstRand Bank whether credit related or noncredit related, as the case may be.17.Request for information17.1You may request information in respect of your Credit Card and additionalCredit Cardholder’s account (Credit Card Account or Credit Facility) fromus either in writing or by calling the WesBank Credit Card Division on thetelephone number shown on your monthly account statement.18.Other important terms18.118.2The headings in this agreement will not affect the interpretation of it.We are obliged by law to regularly update your personal particulars. Wemay contact you from time to time in this regard and you will be obliged toprovide us with the information requested.Your information will be kept confidential within FirstRand Group and willnot be disclosed by us to any third party unless we are required to do soby law or for the purposes of legal action in the event of your default.Should there be abuse detected on your Credit Card Account and/orCredit Facility, we reserve the right to impound your Credit Card, whichcosts you will be liable for.18.318.419.Submitting a Credit Card Account or Credit Facility relatedcomplaint19.1If you wish to lodge a complaint, you have to submit the complaint inwriting on the following; fax to 011 632 2317 email toOn receipt, your written compliment will be acknowledged in writing.On receipt your written complaint will be acknowledged and a referencenumber will be issued to you.If you do not get a response within five (5) working days from submittinga complaint, you need to contact the Complaints Department on 087 5759408 to check whether your complaint has been received.WesBank Credit Card Complaints will investigate any complaintsreceived. The complaints resolution process is available from yourbranch, call centre or website.If the complaint is resolved and you are satisfied with the outcome, theprocedure is concluded and the reference number will be closed.If your complaint is unresolved within six (6) weeks or not resolved to yoursatisfaction, WesBank Credit Card will provide you with an explanationand reasoning for the decision taken, in writing. FAIS prescribes that youmay then submit your complaint to the FAIS Ombudsman or Ombudsmanfor Banking Services in writing within six (6) months, with the supportingdocumentation and the reference number supplied.19.219.319.419.519.619.720.FATCA and POPI Requirements20.1For the purposes of this clause “we”, “us”, “our” and “FSR” refers toFirstRand Bank Limited, the FirstRand Group Limited, any affiliatecompanies, its associates, cessionaries, delegates or successors in titleand/or third parties (like its authorised agents and contractors).20.220.3How we use your information: You can refer to our Privacy Policy located online atfor more information on our privacy practices. FSR collect information from you directly; from your usage of ourproducts and services; from your engagements and interactionswith us; from public sources and from third parties. Your information will be confidential and will only be processed ifyou consented thereto; it is necessary to conclude or perform interms of a contract with you; the law requires it or your, our or athird parties lawful interest is being protected or pursued. FSR may process your information. information includes amongstothers information regarding marital status, national origin, age,language, birth, education, financial, identifying number, e-mailaddress, physical address, telephone number, online identifier,social media profile, biometric information (like fingerprints,signature or your voice) and your name. The processing of information includes the collection, storage,updating, use, making available or destruction thereof.FSR may process your information for the following reasons (amongstothers): To comply with legislative, regulatory, risk and compliancerequirements (including directives, sanctions and rules), voluntaryand involuntary codes of conduct and industry agreements or tofulfil reporting requirements and information requests. To detect, prevent and report theft, fraud, money laundering andother crimes. To enforce and collect on any agreement when you are in defaultor breach of the agreement terms and conditions, like tracing youor to institute legal proceedings against you. To conduct market and behavioural research, including scoringand analysis to determine if you qualify for products and services. To develop, test and improve products and services for you. For historical, statistical and research purposes. To process payment instruments (like a cheque) and paymentinstructions (like a debit order). To create, manufacture and print payment instruments (like acheque) and payment devices (like a debit card). To do affordability assessments, credit assessments and creditscoring. To manage and maintain your accounts or relationship with FSR. To disclose and obtain information from credi

the Credit Card and/or Credit Facility and/or PIN details and/or Credit Card Account. 7.2 In the event of your Credit Card being stolen, lost or retained by the ATM and where your Credit Card details or your PIN have been compromised, you must notify WesBank Credit Card immediately by calling 0800 110 132 / 087 575 9429.

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