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					            TERMS AND CONDITIONS FOR USE OF THE WOOLWORTHS VISA CARD (final 24/4)



As Cardholder, your use of the Woolworths Visa Credit Card                 voucher at the Bank and/or withdrawal effected by the
shall be subject to the following terms and conditions which               Cardholder at any ATM (Automated Teller Machine).
you must read carefully. These terms and conditions constitute        §    "Merchant" means a seller of goods or services.
a binding agreement between you and Up-Front Investments              §    "Purchase" means any purchase of goods or services
132 (Pty) Limited (“Up-Front”) and Mercantile Bank Limited                 using your Card, whether the purchase is made
(the “Bank”). Up-Front will, in its sole and absolute discretion,          telephonically, mechanically, electronically or otherwise.
extend credit to you and determine your credit limit. Once Up-        §    “World of Difference Programme” means the Woolworths
Front has granted you credit, the Bank will issue a Credit Card            World of Difference Loyalty Programme.
to you and your Card Account will be held with the Bank. The          §    “Up-Front” means Up-Front 132 (Pty) Limited which is a
eight points below summarise the most important aspects of                 subsidiary of WFS and is the Woolworths Group
this agreement:                                                            Company which extends credit to you in terms of the
                                                                           Woolworths Visa Credit Card Scheme.
                                                                      §    “Woolworths” means Woolworths (Pty) Limited, the
YOUR MAIN RIGHTS AND RESPONSIBILITIES
                                                                           operating entity of the Woolworths Group.
                                                                      §    “The Woolworths Group” means Woolworths and its
1. The security of your Woolworths Visa Credit Card and PIN                subsidiary and/or associated companies.
   (Personal Identification Number) is your responsibility –          §    “WFS” means Woolworths Financial Services (Pty) Ltd,
   sign your Card, keep it safe and keep your PIN secret.                  an authorized financial services provider, which acts as
                                                                           agent for and on behalf of Up-Front.
2. You will be able to use your Woolworths Visa Credit Card
   to purchase a wide range of goods and services and to get
   Cash Advances, but no-`one else may use your Card.                 WHO OWNS YOUR CARD?

3. Take care not to exceed the credit limit set for you by Up -       The Bank remains the owner of the Card at all times and you
   Front and settle at least the minimum monthly payment              must return it should the Bank request this.
   due on your Card Account.

4. Up-Front       will    charge    interest   on     amounts
                                                                      HOW TO USE YOUR CARD
   outstanding/owing on your Card Account, and is allowed to
   debit that interest to your Card Account with the necessary        Only you may use your Card: use it to make Purchases, get
   service charges.                                                   Cash Advances. You may also use automatic teller machines
                                                                      (ATM's) which accept the Card for the same types of
                                                                      transaction and for electronic funds transfers.
5. You must carefully check your monthly statement and
                                                                      §     When you use the Card to buy goods and/or services,
   notify Up-Front of any queries within 60 days from the date
                                                                            you must sign a sales voucher (i.e. a transaction slip) if
   of the relevant statement.
                                                                            you are physically present at the Merchant's location.
                                                                      §     You authorise the Bank to make payments to Merchants
6. You agree to open an account with the Bank. You must                     on your behalf.
   notify the Bank of any queries on your bank account within         §     A Merchant is not the Bank's agent and the Bank is not
   60 days from the date of the relevant statement.       All               responsible if your Card is refused by a Merchant for
   queries may be directed to the WFS Call Centre at                        whatever reason.
   086 150 2005.                       .                              §     You can use your Card to get a Cash Advance from an
                                                                            ATM or from the Bank
7. You may, at any time by written notice to Up-Front require         §     If you use your Card to get a Cash Advance at the Bank,
   Up-Front to reduce the credit limit and stipulate a                      you must sign a cash withdrawal voucher
   maximum credit limit that you are prepared to accept.              §     By signing a sales or cash withdrawal voucher, you are
                                                                            confirming that the information contained in it is correct.
8. You may report the loss or theft of the card at telephone                Not signing vouchers does not release you from your
   number 086 150 2005. You will not be held liable for the                 responsibility to pay (e.g. internet purchases, telephonic
   use of the credit card after you have reported the loss or               transactions and ATM cash withdrawals).
   theft of the card unless your signature appears on the             §     If you use your Card outside the Common Monetary Area
   voucher, sales slip, or similar record evidencing that                   you must comply with exchange control regulations.
   particular use of the credit facility; or if Up -Front has other
   evidence sufficient to establish that you authorised or was
                                                                      MONTHLY STATEMENTS AND PAYMENTS
   responsible for that particular use of the card.
                                                                      §    You will receive monthly statements reflecting
                                                                           transactions on your Card Account as well as credit
DEFINITIONS                                                                balances, if any on your Bank Account for the period up
                                                                           to and including the date of the statements. You must
                                                                           ensure that at least the stipulated minimum payment due
§     "Bank" means Mercantile Bank limited.                                and payable to Up-Front is paid by the due date
§     "Bank Account" means the account opened, or to be                    indicated on your statement.
      opened, at the Bank by the Cardholder.                          §    You can make payments at any Woolworths store or at
§     "Card" and "Credit Card" means the Woolworths Visa                   any branch of the Bank or Nedbank Limited or by means
      Credit Card issued by the Bank to you, pursuant to this              of internet transfer or electronic funds transfer (EFT).
      agreement.                                                      §    If you do not receive a statement, it is your responsibility
§     "Card Account" means the account of the Cardholder,                  to contact Up-Front to verify and pay the minimum
      managed by WFS for and on behalf of Up-Front and                     payment that you are required to make.
      processed by the Bank.                                          §    The statement will be provided in writing and posted to
                                                                           your address that you have chosen.
§     “Cash Advances” means monies advanced by a bank to
      the Cardholder by the completion of a cash withdrawal
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CONDITIONS WOOL9070.17                                                                           2
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§     You must carefully check your monthly statements and                §    The debt counsellor shall determine whether you appear
      notify Up-Front of any queries within 60 days from the                   to be over-indebted and whether your credit agreement
      date of the relevant statement.                                          appears to be reckless

§     Payments over and above the minimum payment may be                  §    If the debt counsellor determines that you are not over-
      made. These payments will be allocated firstly to unpaid                 indebted, your application will be rejected and your
      interest charges, then to unpaid fees or charges and then                obligations to Up-Front will continue; or
      to capital.
                                                                          §    If the debt counsellor determines that you are not over-
§     You may settle the card account at any time. The                         indebted but that you have difficulty in paying your debts
      amount required to settle the account is the total of the                punctually, the counsellor may recommend that we
      unpaid balance of the capital amount at the time and the                 together voluntarily consider and agree on a debt re-
      unpaid interest charges and all other fees and charges                   arrangement plan.
      payable by you to Up-Front up to the settlement date.
                                                                          §    If the debt counsellor determines that you are over-
                                                                               indebted, then the debt counsellor may recommend to
INTEREST AND OTHER CHARGES                                                     the magistrate's court to either declare one or more of
                                                                               your credit agreements reckless or that one or more of
You pay interest on money owing on your Card Account to Up-                    your obligations be rearranged.
Front.
§     Interest is charged if you fail to pay the outstanding              §    Once you have applied for a debt review you may not
      amount in full on the due date shown on your statement.                  use your credit card.
      The interest will be charged from the date of the
      transaction until it is fully paid up.
§     You will also be charged interest on any Cash Advances              CONFIDENTIALITY & CREDIT BUREAUX
      received by you from the date on which the Cash
      Advance is made until the amount owing is paid.
§     Interest on credit balances standing to the credit of your          You consent to
      Bank Account may be credited by the Bank to that Bank
      Account.                                                            §    Up-Front and/or Woolworths (Pty) Ltd or any of its
§     Interest will accrue and be calculated on a daily basis,                 subsidiary companies or associate companies
      and will be compounded monthly. All interest rates are                   transmitting to any credit bureau any information about
      quoted as per annum rates and will be charged in                         your credit application, the opening and also the
      accordance with prevailing legislation.                                  termination of your card account;
§     A monthly service fee at the maximum rate prescribed in
      terms of the Act will be levied at the end of the month to
                                                                          §    Up-Front and/or Woolworths (Pty) Ltd or any of its
      which it relates and added to the outstanding balance.                   subsidiary companies or associate companies
§     Default administration charges will be levied against you                transmitting to any credit bureau any information
      in respect of letters written to you as a result of your                 pertaining to your non-compliance or otherwise with the
      default at an amount equal to the amount of the cost of a                terms and conditions of this agreement;
      registered letter of demand in terms of the Magistrate's
      Court Act, 1944 and reasonable delivery expenses
      incurred and added to the outstanding balance.                      §    Any credit bureau providing Up-Front and/or Woolworths
§     You will be liable for collection costs incurred by Up -Front            (Pty) Ltd or any of its subsidiary companies or associate
      in exercising its rights arising out of the breach of your               companies with a report on your credit profile and a
      obligations in terms hereof. All attorneys and registered                credit score on your credit worthiness for purposes of
      debt collectors' costs will be recovered from you on a                   affordability assessment, credit assessment and
      scale not exceeding the tariff prescribed by the                         prescribed purposes
      Magistrates Court Act 32 of 1944, the Attorneys Act 53 of
      1979 or the Debt Collectors Act 114 of 1998.                        §    You may contact the credit bureau to inspect its credit
§     Up-Front is also entitled to debit your Card Account with                records concerning you. You may request the credit
      any amounts owing by you in respect of penalties                         bureau to correct its records should it reflect inaccurate
      permitted by law and taxes and duties payable to the                     information pertaining to you.
      Government.
§     The amount of such charges, fees and/or penalties will
      be determined by Up -Front and you will be advised of               DEFAULT & BREACH
      these charges from time to time.          The Bank will be
      entitled to levy its own charges in respect of the Bank
                                                                          In the event that you do not pay any amount on the due date,
      Account, which charges will be reflected on your monthly
      statement.                                                          Up-Front may enforce the agreement –

                                                                          if you have been in default for a period of 20 days; and
OVER-INDEBTEDNESS                                                     §        at least 10 days have expired since Up-Front gave you
                                                                               notice that you were in default and proposed that you
You may at any time apply to a debt counsellor to be declared                  refer the agreement to –
over-indebted unless Up-Front has already taken steps to
enforce the agreement as a result of your default. The                         1.     a debt counsellor; or
process to be followed by you is briefly:                                      2.     alternative dispute resolution agent; or
                                                                               3.     consumer court; or Ombud with jurisdiction
§     Contact any debt counsellor and arrange for an
      appointment;                                                    §        You have not responded to the notice, or rejected our
                                                                               proposals.
§     Fill out the prescribed form (which is obtainable from the
      debt counsellor) and pay the prescribed fee, if any;
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CONDITIONS WOOL9070.17                                                                           3
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You may also file a complaint with the National Credit                  the Bank will be liable for any damage suffered by you as
Regulator or the Ombud, if you are of the view that the                 a result of the processing of any incorrect information
National Credit Act has been contravened.                               furnished by you.
                                                                    §   You may not vary this agreement.
You may contact the National Credit Regulator on:                   §   South African law will govern this agreement.
§    Tel: (011) 554 2600 or 0860 627 627;
§    fax: (011) 484 6122;
§    email: info@NCR.org.za                                         AMENDMENTS            TO      THESE         TERMS          AND
§    Physical address: 127 15th Road, Randjespark, Midrand          CONDITIONS

                                                                    §   Subject to what is set out below and any applicable laws,
CLOSURE OF ACCOUNT AND TERMINATION                                      Up-Front may, in its sole and absolute discretion and at
                                                                        any time, amend these terms and conditions. Up -Front
§    You may terminate the card account at any time by                  will inform you of any amendments by sending you a
     paying the settlement amount to Up-Front. The amount               notice of amendment or by sending you the amended
     required to settle the account is the total of the unpaid          terms and conditions or by setting out the amendments
     balance of the capital amount at the time and the unpaid           on your monthly statement.
     interest charges and all other fees and charges payable        §   The amendments will be effective from the date of the
     by you to Up-Front up to the settlement date.                      notice of amendment or of the amended terms and
§    You may terminate this agreement by sending Up-Front               conditions or of the monthly statement setting out the
     a written request, signed by you, stating that you wish to         amendments.
     close your Card Account.           The request must be         §   The Bank with the prior consent of Up-Front (which
     accompanied with your Card, which must be cut into                 consent shall not be unreasonably withheld) will be
     pieces so as to prevent further use. Should you fail to            entitled to amend the terms and conditions which are
     cut up your Card, you will be liable for any unauthorised          applicable to the Bank Account on the same basis on
     use thereof.                                                       which Up-Front will amend its terms and conditions.
§    Up-Front may, subject to any applicable laws, suspend
     the credit facility or terminate this agreement and your       SUBSTITUTION OF THE PARTIES
     right to use this Card will cease with effect from the date
     of such suspension or termination.
                                                                    §   You hereby acknowledge and agree that Up-Front shall
§    The Bank will close your Bank Account if you or Up-Front
                                                                        be entitled, without restriction and in its sole and absolute
     terminates this agreement.
                                                                        discretion, but subject to 30-days notice to you, to:
§    When this agreement is terminated, your full
                                                                    §   Replace the Bank with any bank registered as such in
     indebtedness (i.e. outstanding debt/balance owed) to Up -
                                                                        terms of the Banks Act 1990. In this event, the rights and
     Front in respect of the Card Account, will immediately
                                                                        obligations of the Bank in terms of this agreement will be
     become due and payable and you will be required to
                                                                        ceded and delegated to the substituted bank.
     return your Card to Up -Front.
§    If this agreement is terminated, the Bank will close your
                                                                    §   replace Up-Front as credit provider with Woolworths (Pty)
     Bank Account. Any credit balance standing to the credit            Limited or any subsidiary company or associate
     of your Bank Account after the Bank has deducted all               company (present or future), provided that such
                                                                        replacement entity shall upon such replacement credit
     and any amounts that are due to it by you in terms of this
                                                                        provider acquire all of the rights and assume all of the
     agreement will be paid to you or transferred to another
                                                                        obligations of Up -Front in terms of this agreement.
     account stipulated by you.

LEGAL NOTICES
                                                                    BALANCE PROTECTION
Any address you give telephonically, in writing or otherwise, for
all purposes, will be regarded as the legal address where
notices can be delivered to you;
                                                                    •   Should you require any form of credit life insurance other
You may amend your address by delivering to Up -front a                 than that offered by Woolworths, you may substitute it
written notice of the new address by hand, registered mail, or          with a policy of your own choice.
electronic mail or by notifying the WFS Call Centre on              •   You have the right to choose either to purchase a new
0861 502 005,                                                           policy or to cede an existing policy or to do a combination
                                                                        of both.
Up-Front chooses the following address as its address for           •   If you wish to choose the Basic balance protection,
legal notices –                                                         Comprehensive balance protection or Additional Death
             1Mostert Street, Cape Town 8001                            Cover underwritten by Metropolitan (the underwriter) and
             P O Box5553, Cape Town 8000.                               offered by WFS, further details are given below and you
                                                                        are requested to complete the application form in full
The respective addresses chosen, is the place where all                 relating to Basic Balance Protection, Comprehensive
documents, notices, legal letters and other legal processes             Balance Protection or Additional Death Cover.
may be sent or delivered and given effect. Notices sent by          •   If you have chosen Basic Balance Protection,
registered mail will be deemed to have been received on the             Comprehensive Balance Protection or Additional Death
4th day after the date of posting, unless otherwise provided.           Cover, you confirm and understand that the benefits
                                                                        offered and monthly premium payable are subject to the
GENERAL                                                                 terms and conditions set out in the Policy Contract
                                                                        issued by the underwr iter.
§    You agree to the jurisdiction of the Magistrate's Court in     •   You confirm that the declaration of good health is true
     respect of any action arising out of these terms and               and correct. A copy of the Policy Contract is available at
     conditions, even if the amount claimed exceeds the                 WFS on request.
     jurisdiction of the Magistrate's Court. The Bank and/or
     Up-Front may choose to bring any proceedings in the                Refer to the terms and conditions as set out in the
     High Court.                                                        Policy Contract issued by the underwriter.
§    Neither Up-Front and/or Woolworths (Pty) Limited or any
     of its subsidiary companies or associate companies nor
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CONDITIONS WOOL9070.17                                                                           4
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                                                                  In the event that the Life Insured is diagnosed with a
                                                                  dread disease the balance of the credit facility will be
   Policyholder:                                                  settled, provided the payments are up to date.

   Woolworths Financial Services (Proprietary) Limited
   1 Mostert Street
   Cape Town
   PO Box 5553
   8000                                                           DESCRIPTION OF ADDITIONAL DEATH COVER
   Tel: 0861 50 20 05                                             POLICY
   Fax: (021) 407 9665
   Email: Website:                                                Additional Death Cover:
   wwfs@woolworths.co.za
                                                                  On the death of Life Insured R5000 shall be paid to the
   Underwriter:
                                                                  beneficiary of the policy and in the event of the Life
                                                                  Insured dying as a result of an accident, R10,000 shall be
   Metropolitan Life Limited
                                                                  paid to the nominated beneficiary of the policy. If no
   Parc du Cap
                                                                  beneficiary has been nominated, the benefit will be paid
   Mispel Road
                                                                  to the Estate.
   Bellville
   7530
   PO Box 2212                                                    General notes applicable to Credit Life and Additional
   Bellville                                                      Death Cover Policies
   7535
   Tel: (021) 940 5911                                            Premiums:
   Fax: (021) 940 6464
   Website: www.metropolitan.co.za
                                                                  The premiums due in terms of the respective policies are
                                                                  due and payable monthly, as indicated on the pre-
   Complaints can be addressed to:
                                                                  agreement statement and quotation.
   The Compliance Officer, Woolworths
   Tel: (021) 407 3937
                                                                  Premium payment:
   DESCRIPTION OF CREDIT LIFE POLICY
                                                                  The premium due will appear on your statement and must
   Any WW customer who has been granted a credit facility         be paid monthly. A claim may be rejected if WFS does
   can elect to become a Life Insured in terms of the Basic       not receive the premium due from the Cardholder due to
   Balance Protection, or Comprehensive Balance                   the default of the Cardholder. Premiums may change
   Protection. Any WW customer who has elected Basic              from time to time. The Cardholder will be informed by
   Balance Protection or Comprehensive Balance Protection         Woolworths of any changes in premiums.
   can also apply for Additional Death Cover.
                                                                  Claims notification:
   Basic Balance Protection - Death, Retrenchment and
   Dread Disease Cover
                                                                  Claims may be submitted at any Woolworths store.
    On the death of the Life Assured the balance of the credit
    facility will be settled, provided the payments are up to     Cancellation of policy:
    date.
                                                                  Should you wish to cancel the policy within 30 days of
   On the Retrenchment of the Life Insured 6 month’s              inception, WFS will refund all premiums paid to date.
   instalment Retrenchment cover will be provided. The
   instalment is based on the outstanding balance at the
                                                                  WFS does not hold professional indemnity cover.
   date of retrenchment.

   In the event that the Life Insured is diagnosed with a         WFS does not hold any shares in Metropolitan Life.
   dread disease the balance of the credit facility will be
   settled, provided the payments are up to date.                 WFS received more than 30% of its total remuneration
                                                                  from Metropolitan Life during the preceding 12 month
   Comprehensive Balance Protection - Death,                      period.
   Retrenchment, Dread Disease, Permanent and
   Temporary Disability Cover                                     Fees:

   On the death or perman ent disability of the Life Insured      •   A marketing fee is payable to the underwriter in
   the balance of the credit facility will be settled, provided       relation to the insurance policy as indicated on the
   the payments are up to date.                                       pre-agreement statement and quotation.
                                                                  •   Commission of 22.5% (plus VAT) of the Cost of
   On the Retrenchment of the Life Insured 6 month’s                  Insurance, as indicated on the pre-agreement, is
   instalment Retrenchment cover will be provided. The                payable to WFS.
   instalment is based on the ou tstanding balance at the
   date of retrenchment.

   In the event that the Life Insured is temporarily disabled,
   up to 6 months instalment cover will be provided. The
   instalment is based on the outstanding balance at the
   date of the disablement.

				
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