TERMS AND CONDITIONS

CASH ADVANCE TERMS AND CONDITIONS

When you take a Cash Advance loan from Nairtime South Africa Proprietary Limited (“Xtra Cash”) using the Cash Advance services, the loan amount will be paid to your mobile wallet via the Vodapay Application.

Cash Advance loan is a product of Nairtime South Africa Proprietary Limited, a registered credit provider (NCRCP13197) in terms of the National Credit Act, 2005 (“NCA” or “the Act”) operating in the Republic of South Africa. More information about Nairtime South Africa Proprietary Limited / Xtra Cash is available at www.xtracash.com/south-africa.

These Cash Advance Terms and Conditions together with your Quotation & Pre-agreement statement (all together referred to as the Cash Advance loan agreement) are the legal terms under which Xtra Cash makes the Cash Advance loan to you.

Your Cash Advance loan agreement is provided to you via the Vodapay Application and contains the details of your loan such as the amount and repayment terms, service and other permitted fees and charges, credit insurance if required and your and our addresses for the delivery of legal notices.

1. General

1.1. All references in these Cash Advance Terms and Conditions to “us”, “we” or “our” are references to Xtra Cash and references to “you” or “your” or the “Customer” will refer to you.

1.2. If you want to lodge a complaint against us, you may resolve a complaint through:

(i) alternative dispute resolution,
(ii) filing a complaint with the National Credit Regulator (0861 626 627)/ [email protected] or
(iii) applying to the National Consumer Tribunal. 0860 627 627 or [email protected]

1.3. We will share information about your application, Cash Advance loan agreement, any non-compliance with the Cash Advance loan agreement and termination of the Cash Advance loan agreement with registered credit bureaus as required by the NCA,

1.4. It should be noted that the registered credit bureaus will provide a credit profile and also potentially a credit score on your credit worthiness, based on the information that we share with them.

1.5. We enter into Cash Advance loan agreements through electronic channels.

1.6. Subject to NCA requirements and our internal credit policies, we may decide to grant you credit or not within our discretion.

1.7. As part of the application process Xtra Cash will be required to collect and process your personal information and may:

1.7.1. Contact Vodacom or any other relevant third parties to check that the information you provided is correct; obtain details from Vodacom, banks, banking aggregators and/or registered credit bureaus about your financial status and banking details, including a credit record and payment history and you hereby authorize us to obtain such information from such third parties as may be necessary to assess whether to grant you credit;
1.7.2. Give information about the application, Cash Advance loan agreement, credit record or payment history to any relevant party such as a credit bureau, in accordance with our obligations under the NCA
1.7.3. Process or disclose your personal information in accordance with our privacy policy available at www.xtracash.com/south-africa. The most recent version is always available at www.xtracash.com/south-africa/privacy-policy.

1.7.3.1. the use of credit bureau information on an ongoing basis for various compliance and business operational purposes as set out in the privacy policy;
1.7.3.2. once you have taken out a Cash Advance loan and are our customer, the use of your contact details for direct marketing purposes, subject to your right to opt out; and
1.7.3.3. fraud prevention and fraud checks through third party agencies;

2. Acceptance of the Cash Advance Terms and Conditions

2.1. These Cash Advance Terms and Conditions may change from time to time.

2.2 By using the Cash Advance services, you confirm that you have read and understood the Cash Advance loan agreement, as it applies from time to time, and that your Cash Advance loan agreement is binding on you.

3. Quotation, Pre- agreement statement and Loan Agreement

3.1 Should you apply for a Cash Advance loan and we elect to grant to you, you will be required to electronically accept a Quotation & Pre-agreement statement (“the Quotation”), along with the Cash Advance Terms and Conditions, both of which you will be able to download from your Vodapay App.

3.2 You can find more information on the Cash Advance loan, how it works and the associated fees and charges at https://xtracash.com/south-africa/who-we-are. (“Cash Advance Product Information”). You acknowledge that the Cash Advance Product Information forms part of these Cash Advance Terms and Conditions.

4. Repayment

4.1 You must pay the total amount due in terms of the Cash Advance loan agreement, which includes the principal debt, all fees and interest.

4.2 At application, you agree to pay your monthly instalments and any other amounts that may be due to us by a linked card. If your Cash Advance loan agreement is in arrears, Xtra Cash reserves the right to auto-debit your account via the linked card on any day to recover the arrears amount from any available balance in your bank account.

4.3 You must notify us immediately if your bank account details change and we may then change your linked card details accordingly.

4.4 You may not close the bank account unless you have given us the details of another bank account and updated card details from which to collect outstanding amounts

4.5 You may not cancel the linked card until you have paid all monies due to Xtra Cash in terms of the Cash Advance loan agreement in full.

4.6 You must repay the full amount due to us by way of linked card within the specified term. If you experience a problem with your bank account or payment, you must contact us and make another payment arrangement at least three working days before the instalment due date to prevent additional interest or legal costs.

4.7 Any payments received from you will be allocated in the following order: the payment of:

  1. Principal Debt
  2. Interest
  3. Other Fees and Charges

5. Voluntary or Early repayment

You may choose to pay the loan amount on or before the due date by using the “Repay loan” option within the “VodaPay Cash Advance Mini App” menu. You shall repay the full amount due (loan principal, fees and interest) using the VodaPay Account. The Cash Advance loan agreement will automatically terminate upon the full Settlement of the loan or outstanding amount.

6. Penalty interest

In the event that the Loan is not repaid in full within the term communicated during the application process and upon loan approval interest and service fee will be applied as communicated during the application process. Arrears amount shall be communicated to you via SMS.

7. Statements

You will be able to access your account statement through the Vodapay app at any time.

8. Default and collection

In case the loan is not fully repaid after ninety (90) calendar days from the due date:

8.1 you will be notified by SMS that the loan is in a state of default;

8.2 you will be reported as a defaulter to the national credit bureaus;

8.3 legal action may be taken to recover any outstanding amounts from you;

8.4 you accept that any debt may be recovered and off-set from your other bank accounts, deposits or digital wallets.

9. Privacy and Security

By submitting a loan application to us and by accepting these Cash Advance Terms and Conditions, you understand and acknowledge that you will be expressly consenting to us using and disclosing your information (including your personal information) to certain third parties in certain instances. We undertake to make use of your personal information and data received from Vodacom for the purposes of, and in accordance with, the consent you have provided to Vodacom in accordance with these Cash Advance Terms and Conditions.

10. Electronic communication

Unless otherwise agreed, we will send all required documents, including Cash Advance loan agreements, statements or other correspondence to you via the Vodapay app or any other electronic channel using the contact details that you provided to us.

11. Right to share credit information

As explained above, we may share your personal information with third parties in appropriate circumstances, including registered credit bureaus. The personal information that we share includes but shall not be limited to your KYC (‘Know Your Customer”) information, airtime usage and/or your VodaPay Account usage. You further consent to have your credit information listed with one or more credit bureaus and you acknowledge that an unpaid loan, listed as such, shall result in the retention of this information by the bureau for a prescribed period of time.

12. Termination, Suspension and Limitation

Where we choose to suspend or discontinue the Cash Advance service, or to change the functionality of or services offered, whether temporarily or permanently, we will try our best, wherever possible, to provide you with some notice before we do so. Notwithstanding this undertaking, you acknowledge and accept that we are entitled to modify, suspend or discontinue the Cash Advance service at any time and that we will not be responsible for any damage or loss that you may suffer if we choose to do so. We may also choose to restrict access to certain or all of the functionality or services offered on Cash Advance.

13. No Warranties or Representations

To the fullest extent permitted by applicable law, the Cash Advance service is provided on an “as is” and “as available” basis. Xtra Cash does not warrant or represent that the Cash Advance service will be error-free, or that the content provided on or via the Cash Advance service is or will be accurate, suitable, complete or fit for or compatible with any particular purpose.

14. Disclaimer and Limitation of Liability

14.1 Except for any liability that we may have towards you in terms of the following laws:

the Consumer Protection Act, 2008 (“CPA”);

the NCA; and/or

the Electronic Communications and Transactions Act, 2002 (“ECTA”),

and which cannot be excluded or altered by agreement between you and us, neither we, nor our affiliates, employees, officers or agents will be responsible or liable in any way for any losses or damage of any kind which you suffer arising from the Cash Advance loan, your use of or reliance on the Cash Advance loan, or on any information provided to you by us. You acknowledge and understand that use of our Cash Advance service is entirely at your own risk.

14.2 We are not responsible for any loss arising from any failure, malfunction, or delay in any mobile phone Networks, mobile phones, the Internet or terminals, or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.

15. Capacity to enter into Agreements

15.1 By using Cash Advance service, you warrant to us (promise in a way that you can be held legally bound by that promise) that you have the required legal and contractual capacity to enter into and be bound by contractual terms.

15.2 In particular, you must be at least 18 years old in order to make use of the Cash Advance service.

16. Breach / Failure to Comply with these Cash Advance Terms and Conditions

16.1 If you breach these Cash Advance Terms and Conditions, or if you use the Cash Advance service in an unauthorised manner or interact with the Cash Advance service in any unlawful or unauthorised manner, Xtra Cash will be entitled to terminate your access to the Cash Advance service immediately without prior notice to you, and without prejudice to any other rights we may have in terms of these Cash Advance Terms and Conditions or at law.

16.2 Should your access to the Cash Advance service be terminated as described above, you expressly acknowledge that any loan obligations that exist between you and Xtra Cash at the time of such termination, as set out in a Cash Advance loan agreement, will continue to remain in place until such loan obligations have been met.

17. Communication

You can contact us by telephone, email or mail, as follows:
Telephone: 0027 11 589 9053
Email: [email protected]
Address: 6th Floor, 119-123 Hertzog Boulevard, Foreshore, Cape Town, Western Cape

18. Marketing

18.1 When you apply for a loan from Xtra Cash, using the Cash Advance service, you are given the opportunity to be included to any or all of the following,

18.1.1. Telemarketing campaigns conducted by or on behalf of Xtra Cash,
18.1.2. Marketing or customer lists that are sold or distributed by Xtra Cash, other than as required by the Act;
18.1.3. Any mass distribution of email or sms messages.

18.2 The three options selected by you during the loan application process will be confirmed on the Cash Advance loan agreement. You acknowledge that you are entitled to contact Xtra Cash at any time in order to opt-out of these communications or to request that the options selected by you be amended.

19. Protection of Intellectual Property

You acknowledge that all intellectual property rights in the digital financial platform used by you to request a loan and by us to disburse a loan to you (the “Digital Financial Platform”) anywhere in the world belong to us, our licensors or third-party affiliates and that these rights are not assigned or sold to you, and that you have no rights in, or to, the Digital Financial Platform other than the right to use it to request and receive loan(s) from us in accordance with the terms of this Agreement.

All Intellectual Property rights on the site belong to Xtra Cash or its licensors and may not be modified, sold or used other than in conjunction with the site.

20 Governing Law

20.1 These Cash Advance Terms and Conditions are governed by and will be interpreted in accordance with the laws of the Republic of South Africa, without reference to any conflict of law provisions. All interactions and transactions made or conducted on this Cash Advance service (including on or in relation to any loan provided) will be subject to South African law.

20.2 Nothing will prevent or prohibit either Xtra Cash or you from applying to an appropriate court for urgent relief. In addition, you acknowledge and understand that these provisions do not restrict, nor do they attempt to restrict, any right that you may have to submit a complaint to any other body in terms of applicable law (including consumer laws such as the CPA, the ECTA and the NCA), which cannot be altered by agreement between you and us.

20.3 Any arbitration held with regard to these Cash Advance Terms and Conditions will be conducted behind closed doors and Xtra Cash and you will be required to treat all details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration as confidential.