General terms and conditions
In these terms and conditions, unless the context indicates the contrary:
1.1 Act or the Act: means the Usury Act, no 73 of 1968, and Regulations, as amended;
1.2 agreement, credit agreement, credit transaction, credit facility, facility or card account: means the credit agreement between you and us incorporating the application form and the terms and conditions of the card and credit facility in force from time to time;
1.3 application or applying: means when you apply to us for a credit facility and Game card by completing an application at a Game store accepting the Game card;
1.4 card means the Game card issued by us for your use to access your credit facility;
1.5 Interest rate means the maximum annual nance charge rate permissible in terms of the Act. Your interest rate is a taxed rate which will be taxed for the term selected by you at the time of each of your purchases and the rate will be subject to the maximum rate as referred to in section 2(2) of the Act. Your rate(s) per payment plan will never exceed the maximum permissible rate under the Act.
1.6 RCS: means RCS Investment Holdings Namibia (Proprietary) Limited, registration number 2008/0136 of: 3rd floor, 344 Independence Avenue, Windhoek, Namibia, or any person to whom it transfers any of its rights or obligations under this agreement;
1.7 service fee: means a variable fee debited to your account monthly for the routine administration of your account;
1.8 we, us, our: means RCS who is the credit grantor, and where relevant, our subsidiary and holding companies, any subsidiary of any of our holding companies and any person to whom we transfer any of our rights or obligations under this agreement;
1.9 you: means the credit receiver, being the holder of the card.
2. Application and Agreement
2.1 By making application to us, you are offering to enter into an agreement.
2.2 We have no obligation to accept your offer.
2.3 Any application is subject to our credit approval criteria. We have the discretion to decline your application at any time, to determine any credit limit, to decrease any credit limit.
2.4 Your application will be considered on the information that you provide to us. All information must be truthful, accurate and correct.
2.5 You must have the required legal capacity to enter into and be bound by these terms and conditions. We may require proof of identification.
2.6 Should we elect to grant you credit, the fact that we have entered into an agreement with you now does not mean that we will do so in the future. We have the right to refuse to enter into any further agreements with you. We have the right to withdraw the facility and close the account at any time.
2.7 Our marketing documentation sent to you reflects repayment values that are only illustrative values. Should you enter into an agreement with us, your actual monthly repayment will depend on the outstanding balance on your account as well as the repayment terms selected at the time of purchase.
2.8 The agreement between us, including the terms and conditions, will be entered into and concluded when you accept these terms and conditions, receive and sign for your card.
2.9 As soon as you receive your card you must sign it with a ballpoint pen.
2.10 You are the only person who may use your card and you cannot transfer it to any other person or authorise any other person to use it.
3.1 The residential address you gave us when completing the application is the address which you choose where legal notices and any process of court may be served on you (your “domicile address”). Your mail address (be it residential, postal or electronic) will be used to forward statements, notices or other communication. If you move to another residential address, wish to change your mail address or wish to give us any notice; you must inform us of this via either our contact centre on +27 21 597 4950, your nearest Game store, e-mail at [email protected] or our postal address P.O. Box 1571, Windhoek, Namibia. If you change your address, this change will only come into effect 7 (seven) days after we receive your notice.
3.2 Only residential addresses within the Republic of Namibia may be used.
3.3 If we want to change our domicile, we will also give you notice.
4. How to use your card
4.1 By signing the card and activating the credit facility, you accept all the terms and conditions of the agreement.
4.2 You may use your card to purchase goods or obtain a service from any Game store accepting the Game card and you must sign a sales voucher each time you use your card. We will then debit your card account with the value of these purchases. You cannot make purchases on your account unless you present your card to the Game store. You cannot use your Game card to purchase any cellular airtime. When you sign the voucher you con rm receipt and delivery of the purchases or services.
4.3 We will debit your card account with all transactions presented to us unless you can prove that the Game store concerned did not have the authority to cause your card account to be debited with the amounts concerned.
5. Payment to the Game store
5.1 We have the right to pay the Game store from whom goods were purchased or services obtained the amount appearing on the voucher concerned, when the voucher is presented to us for payment.
6. Disputes with the Game store
6.1 We will not be liable to you:
6.1.2 if any Game store refuses to accept your card as payment; or
6.1.3 for any goods purchased or services obtained with your card; and
6.1.4 you will not have the right to claim anything from us or to institute any counterclaim against us or
6.2 No dispute between you and a supplier will give you the right to–
6.2.1 be exempted from your obligation to us for any payment made by us to the Game store and you cannot refuse to pay us;
6.2.2 instruct us to refuse to pay the supplier; or
6.2.3 instruct us to do a charge-back of payment already made to the supplier, for goods purchased or services obtained with your card.
6.3 Any refund by a Game store to you must be paid to us so that we can credit your account.
6.4 When we receive a credit voucher issued by a Game store for goods purchased or services obtained by you with your card, we will credit your card account with the amount of the credit voucher.
7. Cancellation of Card
Your card will always remain our property and, without our losing any right to any claim which we have against you, we have the right, at any time, to cancel, suspend, repeal or demand the return of your card.
8. Credit Limit on the Card
8.1 You may not purchase any goods or obtain any services with your card, which will cause the credit limit of your card account to be exceeded.
8.2 Should you wish to obtain an increase in your credit limit, then you will have to apply for such increase.
8.3 We have the right to reduce, change or cancel the credit facility and/or budget plan credit limits of your account.
8.4 If you wish to receive automatic annual increases of your credit limit, you must advise us. If you choose to automatically receive an annual credit limit increase, we will continue to review your credit limit annually.
8.5 The applicable limits from time to time will be reflected on your monthly statement.
8.6 Should you make payment on your account by way of a cheque/debit order, then in such event the amount so paid will only become available to you for use on your credit facility once your bank has cleared the effects on your cheque and such payment has been received by us.
9. Change of Conditions of Use
We may change, repeal, replace or add to, any of the conditions of use of the card and if we do we will notify you thereof by sending the changes to your mail address, before they become effective. If you continue using the card after such notice, the new conditions of use will apply.
10. Lost Card
10.1 You are responsible for the safekeeping and proper use of your card or card account and you must see to it that no other person uses your card or your card account.
10.2 If you lose your card, or if it is stolen or misappropriated, you must notify us immediately by phoning our call centre on +27(21) 597 4950, visiting or calling your nearest Game store, or via email at [email protected]
10.3 You will not be held liable for purchases made on your card after you have reported it stolen or lost.
10.4 We will charge you a nominal fee for a replacement card.
11.1 We will post or email a statement to you each month, which will –
11.1.1 show all transactions relating to your account;
11.1.2 show the current amount due;
11.1.3 show all interest and other charges debited by us to your account;
11.1.4 show all payments made as well as the balance outstanding; and
11.1.5 inform you of the amount which you must pay to us on or before the due date stated on the statement, for each plan.
11.2 It is your responsibility to check your statement. Unless you notify us in writing, within 30 (thirty) days of the date of your statement, that you deny your liability for any debit appearing on your statement, you will be deemed to be liable therefor.
11.3 Non-receipt of your statement does not free you from your obligation to pay any amount due to us, as you may obtain information with regard to your account and obligation, from us, telephonically.
12. Payment, Settlement and Termination
12.1 You must pay at least the minimum amount payable, as indicated on your statement, by the due date. We have the discretion to decide what this instalment is.
12.2 You may prepay any amount owed to us at any time.
12.3 You may furnish us with a debit order for your monthly payments and any other amounts that may be due by you to us in terms of this agreement.
12.4 You may also pay the amounts due:
12.4.1 at a Game store; or
12.4.2 via electronic funds transfer.
12.5 If you fail to pay any amount that is due or if you fail to comply with any conditions of your agreement or if your estate is sequestrated or if you die or if you make any untrue or incorrect statement or representation or fail to disclose information regarding this agreement or during your application, or do anything that may prejudice our rights; then-
12.5.1 all amounts owing by you will become due and payable immediately; and
12.5.2 without incurring any liability therefor, we may notify any other person who we think should know thereof; and
12.5.3 your card may no longer be used.
12.6 The method of payment that you choose will be at your risk but any payment shall only be properly made when we receive and process it.
12.7 We will deem all payments made by you to be made paid on the date that we receive such payment either at our office or at the Game store and the payments shall be allocated in the following order:
12.7.1 in the payment of interest; and thereafter
12.7.2 in the payment of fees and charges; and finally
12.7.3 in the payment of the principal debt.
12.8 You may terminate this agreement at any time and if you wish to do so, you must give us notice in writing, delivered to us by hand, fax, e-mail or registered mail. If you wish to terminate the agreement, you will have to settle the full outstanding amount owing to us.
12.9 We may terminate this agreement if you fail to comply with the terms and conditions.
13. Interest and other Rates
13.1 Subject to the provisions of the Act, we will determine the interest rates, service fees and other charges, which will apply to your card account from time to time and show this on our statement. We will be entitled to levy nance charges at the maximum annual nance charge rate permitted by law from time to time.
13.2 The interest rate charged on the balance(s) of each of the payment plans as selected by you is a taxed rate, for the period of repayment, and is subject to the maximum rate as permitted in terms of the Act. Your monthly statement will reflect the rate charged on each of the payment plans as selected by you at the time of purchase.
13.3 Interest will be calculated on a daily basis and compounded monthly on the full outstanding balance, on the due date of the instalment, until date of payment. This interest is then added monthly to your outstanding balance.
13.4 If you go into arrears on the repayment of your budget plan, additional interest on overdue amounts will be charged to your account at the same rate as the interest rate applicable to the principal debt. If you are paying by debit order, this arrears interest will be collected with the monthly debit order.
14. Legal and other Costs
14.1 If your account goes into arrears:
14.1.1 you will be charged with costs relating to debt collection activities including a charge for any correspondence and telephone calls made to you each month that your account remains in arrears; and
14.1.2 default information will be submitted to the credit bureaux and this will affect your ability to obtain further credit; and
14.1.3 we may suspend your card facility or close the account, and if we close the account, you will be required to repay the account in full; and
14.1.4 your account may be handed over to a debt collection agency for recovery of arrear amounts and you will be charged with these costs.
14.2 If we have to institute legal action against you (issue a summons), you will be liable for all l legal costs, which will include but not be limited to:
14.2.1 legal costs on the “attorney and client scale” (that is all the expenses incurred by the attorney briefed by us, including all costs of any advocate instructed by him, as on brief, and the cost of the professional services rendered by the attorney to us);
14.2.2 collection charges and tracing fees;
14.2.3 revenue stamps and sheriff fees;
14.2.4 Value-added tax (VAT) thereon, which we may incur in recovering or attempting to recover monies which you owe us; and
14.2.5 these costs will be debited to your account.
14.3 Judgement may also be taken against you.
14.4 We will not try to collect any costs exceeding the costs provided for in the Act.
14.5 Each time you purchase on your account, an amount of 20 cents per purchase will be debited to your account in respect of stamp duty, in accordance with Schedule I of the Stamp Duties Act No 15 of 1993.
15. Certificate of Indebtedness
A certificate signed by any of our managers (whose appointment and authority need not be proved) in which the amount of your indebtedness to us and the interest rate applicable to your card account is stated, shall be accepted as sufficient proof of your indebtedness in any legal proceedings and shall be regarded as correct unless you prove that the amount or the interest rate is incorrect, subject to the Act.
16. Consent to Jurisdiction
In terms of section 45 of the Magistrates’ Courts Act, 32 of 1944, you hereby consent that we may institute any legal proceedings that have to do with this agreement or your account, in the Magistrate’s Court, being any magistrate’s court, which in terms of section 28 of the Magistrates’ Courts Act, has jurisdiction over you. We can however choose to institute action against you in any other court having jurisdiction.
If for any reason or purpose we do not immediately enforce or implement any of our rights in terms of this agreement, it does not mean that we have abandoned, given up or waived any of those rights.
18. Debiting of Costs
We may charge and debit to your account such other charges as we may determine and such other charges and fees as provided for in the Act and statutory levies and taxes.
19. Personal and confidential information
19.1 In this agreement, personal information means:
19.1.1 information you give us or that we already hold about you including any phone number from which you call us, which we may record;
19.1.2 information we receive from enquiries we make so we can make a decision on your application or on the agreement including information we receive from searches made by us in your name with any credit bureau;
19.1.3 information about any account which you hold with or through us; and
19.1.4 information we receive from anyone who is allowed to give us information about you pursuant to or in relation to your application, or account, or policy.
19.2 We will keep your personal information for only as long as we need to or have to by law.
19.3 You agree and consent that we may process, record or disclose your personal information, including details of your transactions, to:
19.3.1 search credit bureaux, credit reference and fraud prevention agencies’ records so we can manage your account with us and make decisions about credit, including whether to make credit available or to continue or to extend your existing credit;
19.3.2 assess any application for credit or other financial services you or any member of your household makes (we will sometimes use a standard credit-scoring or other automated decision-making system to do this);
19.3.3 manage your account (and policies if any), and make decisions on questions about any application, agreement or correspondence which you may have with us;
19.3.4 carry out, monitor and analyse our business;
19.3.5 contact you by post, by phone or in any other way about other products and services which we consider may interest you unless you tell us that you would prefer not to receive such o ers; and
19.3.6 comply with any laws or regulations.
19.4 You agree and consent that we may disclose your personal information to:
19.4.1 any person working for us;
19.4.2 any organisation which underwrites or supports any of our products which you hold;
19.4.3 any guarantor of your obligations under this agreement;
19.4.4 any payment system under or through which your account is paid;
19.4.5 any person to whom we transfer any of our rights or obligations under this agreement;
19.4.6 any third party debt collection agency or attorney appointed to collect any monies you owe us; and
19.4.7 anyone you authorise us to give personal information to.
19.5 To the extent lawful we may, transfer, license or otherwise authorise the use of any of your personal data and information.
20. Consumer credit Information and credit bureaux
20.1 You agree that we may:
20.1.1 make enquiries to con rm any information provided by you in your application or at any time during the card process or agreement ;
20.1.2 submit, to any credit bureau, or third party (with whom you have financial relations at any time), any information about or as contained or provided to us by you in your application, or about the application, opening and closing of this agreement and account;
20.1.3 seek, verify and receive information from any credit bureau or third party (with whom you have financial relations at any time) when assessing your application or your credit worthiness, and also at any time during the existence of your account;
20.1.4 provide, disclose and register the existence of this agreement and any personal information, and details relating thereto, to any credit bureau, or third party (with whom you have financial relations at any time) sharing positive and negative information about you or your credit account, including any non-compliance with the terms and conditions of this agreement.
20.2 You acknowledge and understand that a credit bureau will provide us with credit profile information, and possibly a credit score reflecting your credit worthiness.
20.3 Subject to the provisions of the Act, we will be entitled to obtain and disclose the above information –
20.3.1 if we think it is necessary or may be of bene t to you;
20.3.2 where we are legally compelled to do so;
20.3.3 where it is in the public interest to disclose; or
20.3.4 where our interests require disclosure.
20.4 You have agreed that the personal information provided by you when making your application or when entering into the agreement with us, may be used by us for ancillary purposes reasonably in keeping with the nature of our business as well as for marketing and related purposes. Should you not wish us to utilise your information for this purpose, you must advise us thereof in writing or telephone us so that your choice can be recorded and thereafter confirmed in writing.
20.5 You con rm that the information you will provide to us or have provided to us is true, complete and correct.
20.6 You waive any rights or claims you may have against us relating to the provision of information by or to us in terms of this agreement.
21. Releasing Information to Credit Bureaux and Agencies
21.1 You agree and consent that we will release some personal information about you to credit bureaux when we search their records about you. They will record details of our searches. We will also release information to them about any account that you hold with us, including information about any payments you have missed. Information held by them may be linked to other people with whom you have a financial association. If you give us false or inaccurate information and we suspect fraud, we will tell them thereof.
21.2 The credit bureaux will share search details and account information with us and other organisations so that we and they might:
21.2..1assess applications for credit and related services, and manage accounts with you or members of your household;
21.2.2 check your identity to prevent money laundering (passing money through accounts so that the source of the funds cannot be traced);
21.2.3 prevent, detect or prosecute fraud and other crimes; and
21.2.4 recover and trace debts.
21.3 The credit bureaux will also use personal information for statistical analysis about credit fraud.
21.4 In the event that we hand your credit facility over to a debt collection agency or an attorney for collection or legal action, you agree and consent that we will release some personal information about you to such third party.
22.1 We will monitor and record all phone calls and other interactions with you.
22.2 You con rm that the terms and conditions, the meaning and consequences of this agreement have been presented and explained to you in a language that you understand. The risks relating to the agreement, as well as your rights and obligations have also been explained to you.
22.3 Should you wish to receive copies of documents relating to your account, you must advise us of the manner in which you want these to be delivered to you, (provided we have the ability to affect the delivery you choose). In certain instances, we are entitled to charge a fee for such copies.
22.4 We may cede, assign or transfer any of our rights or obligations under this agreement or arrange for any other person to carry out any of our rights or obligations under this agreement without your consent and without notice to you.
22.5 We will not be liable for anything outside of our reasonable control (for example, a failure of computer systems, or power failures which happen for reasons outside our reasonable control) or any industrial action, or political unrest, war, if this prevents us from providing our usual service.
22.6 We will not be held liable for any loss of damage sustained by you or a third party regarding either the application for credit or regarding this agreement.
22.7 We can delay enforcing our rights under this agreement without losing them.
22.8 If we cannot enforce any condition under this agreement, it will not affect any of the other conditions in this agreement.
22.9 In order to be valid and binding, and unless such amendment is effected in accordance with the Act; any changes or amendments to this agreement must either be:
22.9.1 recorded by us telephonically and thereafter be verified by us in writing;
22.9.2 or must be made in writing.
22.10 We may however at any time amend or replace these terms and conditions and if we do so, it does not mean a novation of the agreement or any transaction or indebtedness (meaning that a new agreement does not automatically come into place).
22.11 Each and every undertaking and clause as contained herein shall be capable of independent enforcement, thus enabling any court or other competent tribunal to enforce the remainder of this agreement should it adjudge any particular undertaking or portion or clause thereof to be invalid.