Terms and Conditions of Agreement

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Terms and Conditions of Agreement

The following Terms and Conditions (“Terms”) together with the Web and App Terms of Use and any updates we may make from time to time and any provisions contained in the online registration and application process will make up the agreement (“Agreement”) between you and us for the Service. Please read these Terms carefully as they will be binding on you and your personal representatives and assignees from the time you apply to use the Service. If You do not agree with any of these Terms you will not be able to use the Service.

You understand and agree that when you select the “I Accept” option you are acknowledging that you have read and understood the Terms, that they are acceptable to you and will be binding on you for the application and use of the Service. If there is any provision in the Terms that you do not understand, please email bluadvancesupport@blts.co.za or contact a service agent on Whatsapp 065 190 6266 for assistance.

In terms of the Consumer Protection Act 68 of 2008 (“CPA”) there are clauses in bold in these Terms that require your careful attention. These may limit your rights, make you liable, or require you to indemnify a third party or confirm facts. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation in terms of the CPA.

We’ll keep these Terms up to date at www.bluadvance.co.za. If we make a change, we’ll let you know either by updating the Website or getting in touch directly. Offer and Advance Product-specific terms may also apply.

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1. Definitions and Interpretation

1.1. In these Terms and Conditions:

1.1.1. Advance Product means selected Group Products listed on the Interface from time to time, in respect of which the Service is available to you in terms of the provisions of this Agreement;

1.1.2. Advance Request means a request received by us from you or purportedly from you through the Interface for an Advance Product and upon which we are entitled to act;

1.1.3. Affiliate means any company or legal entity that directly or indirectly controls, or is controlled by, or is under common control with BluAdvance (in this regard, “control”, and each variation of that term, means direct or indirect beneficial ownership of at least twenty percent (20%) of the voting stock interest in a company or entity, or such other relationship as, in fact, constitutes actual control;

1.1.4. “Agreement” means these Terms as amended by us in our sole discretion from time to time;

1.1.5. “Applicant “means any person who, through the Interface, applies for use or registration of the Service;

1.1.6. “BluAdvance Account” means the BluAdvance account registered in your name through which you apply for the Services, make Advance Product Requests and which records details of the Advance Products and Advance Amounts you have, from time to time;

1.1.7. “Customer” means any Applicant or user of the Services who has accepted these Terms;

1.1.8. “Fee” means the fee for the Services in respect of each Advance Product as listed in Table A and our Website and includes any changes thereto. The Fee may be amended at any time in BluAdvance’s sole discretion. Any changes will to the Fees will be published on the Website and will be applicable and form part of these Terms from the date of such publication.

1.1.9. “Device” means a device incorporating or using a SIM card (or similar or successor technology) used by a customer to communicate with a Network Operator;

1.1.10. “Group” means Blue Label Telecoms and its Affiliates from time to time;

1.1.11. “Group Product” means any Supplier products and services offered for sale to consumers by or on behalf of the Group from time to time;

1.1.12. “Interface” means the interface of the platform through which the Service is offered and through which you apply to use the Service; this includes, the BluAdvance USSD, the Website, Mobi Site, Mobile Application and any other interface as may be made available from time to time;

1.1.13. “MSISDN Number” means the mobile number uniquely identifying your subscription to a Network Operator, assigned to a SIM card, which is used on a Device, and which links your Device to a particular Network Operator’s mobile telephone network;

1.1.14. “Network Operator” means either Vodacom, MTN, Cell C, Telkom, and any other third-party entity that may provide telephony, voice, data and other services over a mobile cellular network telecommunications network;

1.1.15. “Personal Information” means “personal information” as defined in section 1 of POPIA;

1.1.16. “PIN” means your personal identification number being the secret code used to access and operate your BluAdvance Account on the Interface to access and use the Service;

1.1.17. “POPIA” means the Protection of Personal Information Act No. 4 of 2013;

1.1.18. “Qualification Criteria” or “qualify” means the qualification criteria from time to time employed by us to determine, in our sole discretion, whether you qualify to register for the Service and / or access an Advance Product;

1.1.19. “Service” means the operation of a digital platform via the relevant Interface to facilitate the provision of Advance Products to qualifying Customers and to manage your BluAdvance Account;

1.1.20. “Supplier” means either a Network Operator, utility provider or any other third-party supplier;

1.1.21 “Third-Party Products” means any Supplier products and services or Group Products offered for sale to consumers by Third-Party Providers;

1.1.22 “Third-Party Providers” means any third-party that has an agreement with the Group to provide data sharing services to the Group regarding your purchases of Third-Party Products;

1.1.23. “We,” “our,” and “us,” means BluAdvance and includes our successors and assigns;

1.1.24. “You” or “your” means the Applicant or the Customer and includes such person’s personal representatives and assigns;

1.1.25. Website means the website situated at www.bluadvance.co.za, owned and operated by BluAdvance.

1.2. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

2. Introduction

2.1. We are not a credit provider, financial services provider or Supplier. We own and operate a platform to provide the Service via the Interfaces and enable and facilitate delivery of Advance Products to Qualifying Customers.

2.2. You must register as an Advance Subscriber on an Interface to use the Service.

2.3. You will pay a flat Fee to us each time you use the platform to receive an Advance Product.

2.4. You will remain responsible to pay the face value of the Advance Product [“Advance Product Purchase Price”].

2.5. The sum of the Fee and the Advance Product Purchase Price [together, the “Advance Value”] will be deducted from your next payment for any Group Product and set-off against the value of the Group Product so purchased.

2.6. This means that you may get less Group Product and sometimes no Group Product until the Advance Value has been paid in full.

2.7. You may not be entitled to purchase additional Advance Products where you do not purchase additional or sufficient Group Products and the Advance Value has not been settled.

3. Qualification

3.1. To qualify for the Service, you must:

3.1.1. be at least 18 and warrant that you are.

3.1.2. have a trading/ transactional history with us or any other member of the Group for the purchase of Group Products for a minimum period of 3 (three) months (or a shorter period we may determine); and

3.1.3. spend a minimum of R20.00 (twenty Rand) per month (or such other amount as we may determine) on Group Products;

3.1.4. meet such other criteria as we may require;

3.2. You acknowledge and agree that we shall be entitled to use your transactional history and purchase and payment record with the Group in order to evaluate your Application to subscribe for the Service and for the continued approval of each Advance Request you make from time to time.

3.3. We reserve the right to verify the authenticity of your transactions with us and your status as an active Group customer.

3.4. We may decline your application to register for the Service and/ or purchase any particular Advance Product if we are not satisfied that you have met these minimum requirements.

3.5. Our acceptance or decline of your application to register for the Service, Advance Request or for any particular Advance Product will be communicated to you via the Interface you used to you make the Application or Advance Request.

3.6. You may reapply for the Service at a future date if you think you may then meet the Qualification Criteria.

3.7. You may register for the Service on more than one MSISDN provided that these terms and conditions will apply to each Advance Account that may be registered in your name.

4. Acceptance, Commencement and Duration

4.1 Before opting-in or applying for the Service, you should carefully read and understand these Terms as they govern the access, use and operation of the Service.

4.2. If you do not agree with these Terms, please select the option to not accept these Terms.

4.3. You will be deemed to have read, understood and accepted these terms and conditions:

4.3.1. upon selecting the “Accept” option on the Application; and/or

4.3.2. by using or continuing to use the Service and/ or making Advance Product Requests.

4.4. By registering for the Service, you agree to comply with and be bound by these Terms as amended and revised from time to time and you affirm that these Terms are without prejudice to any other rights that we may have in law or otherwise regarding your registration, access and use of the Service.

4.5. We may from time to time vary or amend these terms and conditions and your continued access and use of the Service and/ or making of Advance requests constitutes your acceptance to be bound by any such amendment or variation.

4.6. We are not obliged to ever provide you with the Service, agree to an Advance Request and/ or a particular Product Advance and may revoke your registration as an Advance Subscriber, terminate the Services, in our sole and absolute discretion summarily for convenience, without prejudice to our accrued rights and you will have no claim against us, any Group company and/ or any Supplier in respect of such decision.

5. Use of Service

5.1. To apply for the use of the Services, you will need to choose which Advance Product you would like Advanced to you and register on the Interface.

5.2. You may make an Advance Request as prompted by the instructions on the Interface.

5.3. We may in our discretion agree to accept your Advance Request. If we accept your Advance Request (which we are not obliged to do) we shall deliver the chosen Advance Product to you and update your Advance Account accordingly. Where you select an Advance Product but have not yet registered as an Advance Subscriber, you may need to register. You will be prompted on the Interface accordingly.

5.4. If you are using the USSD Interface, dial *130*6266# from your Device and follow the USSD commands and accept these Terms by selecting “Accept”. If you are using another Interface, follow the steps to accept these Terms after you have read, understood and agreed to them.

5.5. We will need your confirmation of the personal information and other relevant information to assess your Application or Advance Request. You will need to advise us of any changes to your personal information. We may ask you for such further information as we deem necessary and/ or the law requires. We reserve the right to request further information from you pertaining to your Application or Advance Request at any time. Failure to provide such information within the time frame we require may result in a decline in your application or Advance Request to register for the Service or Advance Request.

5.6. We and/ or any of our Affiliates, as instructed by us, and/or its appointees shall be entitled to conduct an assessment of your creditworthiness within the Group upon your registration and from time to time thereafter. This may include the exchange and analysis of information about you (including Personal Information) as a customer of the Group, to ascertain your propensity to satisfy the Advance Amount. By your acceptance of these Terms, you hereby expressly consent to such exchange and processing of your personal information which is necessary and required by us to register you and to assess Advance Requests. Should you conditionally be approved to use the Services you may be notified.

5.7. Once your application is complete you will be entitled to submit an Advance Request from time to time and if you meet the Qualification Criteria, we may deliver that relevant Advance Product to you.

5.8. Our acceptance or decline of your application to register for the Service shall be communicated through an SMS sent to your MSISDN associated with your Device or otherwise delivered via the Interface. You acknowledge and accept that our acceptance of your application to register for the Service creates a separate and distinct contractual relationship between you and us outside the terms and conditions that apply to your relationship with any Group Product Supplier from time to time.

5.9. We reserve the right to decline your application to register for the Service and/ or any particular Advance Request or to revoke your registration on the Service. Where we decline your application to register, an Advance Request or revoke your registration, we will endeavour to communicate to you our reasons for the same.

6. Product advance and payment

6.1. Where you meet the Qualification Criteria and we provide the Advance Product to you, you will have benefit and use of the Product and you will be liable to pay us the Advance Value.

6.2. The date on which we deliver the Advance Product to you will be the “Advance Date.”

6.3 Advances will be repayable by you by deduction from Group Products as described in clause 6.4 – 6.8 or by deduction from Third-Party Products as described in clause 6.9.

6.4. The Advance Value will be settled by deduction from any subsequent payments made by you for any Group Product you purchase from any Group entity or any third party to which the Group directly or indirectly supplies the Group Product concerned and/or Affiliates (“Merchant”) and set-off against the value of the Group Product so purchased from the Advance Date until the full Advance Value is paid to us or on our behalf.

6.5. You acknowledge and agree and hereby duly authorise and irrevocably instruct BluAdvance and/ or the relevant Merchant, acting on its behalf, to recover the Advance Value by deduction from any payments received from you for Group Products from the Advance Date until the Advance Value is settled in full, in such order and priority as we, in our discretion, may determine from time to time.

6.6. The deduction will be achieved by way of set off against the value of the relevant Group Product delivered to you by the Merchant to the extent that you are indebted to us. You acknowledge and understand that this may result in a reduction in the value of Group Product/s delivered to you or in non-delivery thereof. You hereby expressly authorise the Merchant to adjust the delivery of the Group Product concerned to the extent that you are indebted to us. This clause shall constitute a stipulation for the benefit of the Merchant that it may accept, in respect of its Group Product delivery obligations and you hereby waive any claims against such Merchant as a stipulation in favour of the Merchant.

6.7. You warrant and agree that any person that uses or has used your Device or SIM card (from time to time) in the past or future to apply for an Advance Product or purchase any Group Product agrees that both of you (together and separately) are indebted to us and the Group for paying for the Services used and any Advance Product purchased by the other.

6.8. Where your SIM card or Device (from time to time) is used to purchase pre-paid electricity for a specific electricity meter or where your SIM card or Device (from time to time) is linked to that electricity meter by you (in any interface, such as your banking profile or application) then you understand and agree that where you have received such pre-paid electricity as an Advance Product, delivery of a purchase of a pre-paid electricity voucher for that electricity meter (or replacement meter) from the Group or on its behalf may be reduced /negated to the extent that you are indebted to us, on a rand for rand basis. In addition, if a third-party purchases electricity for a meter linked to your profile while the Advance Value is still owing by you to us, you hereby warrant that the third party, by making such purchase, authorises us to deduct monies owing therefrom in satisfaction of your obligation to pay the Advance Value to us and that we are entitled to rely on such authorisation. Neither you nor the third party will have any claim against us in this regard. When we provide you with a pre-paid electricity Advance Product, the transaction will be between you and us and the Municipality or utility to which the pre-paid electricity Advance Product it pertains is not involved. Accordingly, you agree an understand that you shall have no claim whatsoever against the relevant Municipality or utility in respect of such Advance Product.

6.9 We may collect data from our Third-Party Providers who will inform us when you buy Third-Party Products and when Third-Party Products are bought that is linked to an electricity meter number or cellphone number in respect of which an Advance Product was taken. You agree and authorise that we may collect and use this information to deduct the value of any outstanding balance (which may consist of the Advance Value and the Fee) of your Advance Product from the value of Supplier Products to enable us to reduce the outstanding balance of advances made to you and/or collect advances made to you. You agree that our Third-Party Providers may share this information with us for purposes of reducing the outstanding balance and/or enabling collection of advances made to you.

6.10. Any amount you owe us shall be payable without deduction, set-off or demand. We may in its sole discretion allocate recoveries to any particular indebtedness you have to it.

6.11. You will be able to view all Advance Product transactions, payments allocated and the amount outstanding in respect of the Advance Value from time to time reflected on your Advance Account via the Interface.

6.12. Refund Policy If your desired product is not delivered to you after you have paid for it then we shall refund you within 21 days. No refunds will be offered if a purchase was successful. If you ever pay use via Credit/Debit Card then refund shall only be made to the account used for the original purchase.

7. Protection of Personal Information and Disclosure

7.1. You authorise us to use and disclose to the relevant Group companies, Suppliers, Merchants, agents or third party service providers , information about you, your use of the Service and how you conduct your BluAdvance Account for the purposes of operating your BluAdvance Account and providing you with the Service, protecting our interests, or to enable a Supplier to provide emergency Services to you, or when that information has been requested by any official regulatory or legislative body or is required in terms of any law or court proceedings.

7.2. For as long as you use the Services, you expressly agree that we may collect and retain your Personal Information for the purposes of administering the Services.

7.3. In addition to the authorities granted by you in these terms and your Application, authorise the Group to process, use and share your Personal Information and your transacting history in accordance with the Groups Privacy Policy (available at https://www.bluelabeltelecoms.co.za/privacy-policy.php).

8. Authorizations

8.1. By entering into this Agreement, you –

8.1.1. grant us a security cession (cession in securitatem debiti) over the rights you may have against a Merchant or a Supplier;

8.1.2. agree that ownership in any Group Product delivered to you passes on redemption unless any applicable law requires that it pass earlier, in which case applicable law shall prevail;

8.1.3. agree to the relevant applicable Website User Terms as referenced on our Website;

8.1.4. agree that BluAdvance may debit any bank account held in your name to recoup any amount you owe us;

8.1.5. agree that, as a stipulation in favour of your bank, that your bank may share your personal information and bank account details with us, should it wish;

8.1.6. agree that you will be responsible for (meaning you will be liable to us) in respect of any Advance Products made to your SIM card or Device from time to time;

8.1.7. agree that we are not the Supplier of the Advance Products which are derived from third party Suppliers and therefore we will not be liable to you (and you have no recourse to us) should an Advance Product in any manner be defective;

8.1.8. warrant that you and any person using your SIM card or Device are at least 18 years of age;

8.1.9. agree that to the maximum extent permitted by applicable law, you waive any and all claims you may have against us, its Affiliates and Merchants (this being a stipulation in favour of such Affiliates and Merchants that they are able to accept);

8.1.10. agree that to the maximum extent permitted by applicable law you indemnify and hold us, ours Affiliates and Merchants (this being a stipulation in favour of such Affiliates and Merchants that they are able to accept) harmless;

8.1.11. agree that this Agreement is governed by South African law;

8.1.12. agree that this Agreement constitutes the whole agreement between us and no side agreement, representation or variation (save that those that we are permitted to make) shall be binding;

8.1.13. agree that you shall not be entitled to transfer any rights or obligations under this Agreement unless we agree to it;

8.1.14. agree that we be entitled to transfer any rights or obligations, or part thereof (including by way of a splitting of claims) under this Agreement to a Group company or any other third party;

8.1.15. agree that we may in our sole discretion make amendments to this Agreement (including Fee changes) from time to time.