1. I declare that the application detail above is true and correct and bind myself to these terms and conditions. The address above serves as my domicillium citandi et executandi for the purposes of any notice in terms of this agreement. I acknowledge that the Service provider will render goods and/or services to me from time to time and that the Service provider will furnish me with monthly invoices, for goods and/or services rendered. The invoice amount will be collected from my bank account, under the terms and conditions agreed to in this agreement.
I hereby acknowledge that:
1.1 The terms and conditions hereunder have been explained to me and I understand the consequences of the agreement;
1.2 I have had an opportunity to read the agreement;
1.3 I have received the goods or services in good order.
1.4 The application detail completed forms part of these terms and conditions;
2. Repayment Schedule
I accept and agree that invoices made out for goods and/or services rendered to me, by the service provider, or quotations or repayment schedules accepted by me, sets out the payment information relating to the agreement and must be read as part of this agreement. I also agree that should I default on any payment as set out in invoices or quotations or repayment schedules accepted, attached, that this whole agreement will become arrears and that this agreement will fall under incidental credit agreements, as envisioned in the National Credit Act of 2005.
3. Consent
The Customer consents to the service provider to obtain and supply any information from or to any credit bureau and his employer inter alia, without derogating from the generality hereof, details pertaining to the Customer’s salary, employment, residential address and best contact details In the event of the Customer being married in community of property, and the Customer’s spouses consent is required in respect of this agreement, the Customer warrants that his/her spouse requisite consent, if any, will be provided within a reasonable period after a request is made by the Service provider for same to be provided. The Customer indemnifies the Service provider against any loss or damages it may suffer as a result of a failure to provide such aforesaid consent.
4. Statements
The Service Provider shall supply the Customer with a copy of the duly executed agreement or, in the case of an electronic or telephone originated agreement a copy of the transcribed agreement. The Service Provider shall provide a statement of account to the customer on or before the last day of every third month for the duration of the agreement, which the Customer agrees to. The Customer agrees to collect the statement in person by the Service Provider at the business premises of the Service Provider or to be fax to the Customer at an arranged fax number.
5. Marketing
The Customer consents that the Service Provider, its affiliates, associates and subsidiaries may send advertising and promotional material by email, SMS (Short Message System) to his/her computer, cellular telephone as provided herein. The Customer furthermore consents to the Service Provider sending SMS’s to him/her with regards to his/her outstanding balance(s), when his/her installment is due and payable, when he/she is in arrears with his/her payments and related matters. Should the Customer wish to unsubscribe from such messages, the customer will contact the Service Provider.
6. Early Settlement
6.1 The Customer is entitled to settle the Agreement at any time, without advance notice to the Service Provider;
6.2 If the account is in default, the amount required to settle the agreement shall be the total of the following amount:
6.2.1 the unpaid balance of the principle debt up to the settlement date;
6.2.2 The unpaid interest charges up to the settlement date; and a monthly administration fee of 50.00 (fifty) rand for each month in arrears;
6.2.3 All other fees, charges and insurance payable by the Customer to the Service provider up to the settlement date;
7. Consumer’s right to terminate the agreement
The Customer may terminate this agreement at any time by paying the settlement amount due to the Service Provider, in accordance with paragraph 6 above and by requesting the service provider to close the customer’s account, in writing.
8. Service Provider’s right to terminate the agreement
8.1 The Service Provider reserves the right, in terms of section 123 of the Act, to terminate this agreement and proceed with legal proceedings in terms of section 129(1)(b) and section 130(1) of the Act, which proceedings may result in a Court of law enforcing the repayment of the Customer’s outstanding obligation in terms of this Agreement. Any judgment of such Court, as aforesaid, shall be recorded by credit bureau available to other service providers.
9. Penalty Interest on arrear amounts
Should the Customer default and / or fails to pay any amount on the due date thereof, then same shall attract penalty interest as calculated in 9.1 below:
9.1 the Customer shall be liable for and pay interest, calculated on the total amount which is payable but is unpaid at the same rate as set out in the National Credit Act, for Incidental credit transactions, from the date of default to date of payment in full; and
9.2 the full outstanding balance of the capital together with total cost of credit charges (including any unpaid accrued interest) and 34 (thirty four) percent debt collection fee shall, at the sole discretion and instance of the Service Provider, immediately become due, owing and payable;
10. Payments
Payments will be allocated firstly towards payment of any due or unpaid interest, thereafter any due or unpaid fees or charges (including legal costs, if any) and lastly the capital. I hereby authorize the Service Provider to debit funds for collection on my bank account as set out in this agreement under the terms and conditions as agreed in this agreement.
10.1 Failed to collect money from your bank account (Debit Order Fail)
In the situation whereby the service provider is unable to collect the monthly repayment amount (debit order), from the clients bank account, the clients gives us permission to get in contact with his/her employer (company he/she works for). The service provider will arrange an agreement, with the employer, to deduct the full amount payable (owed), to the service provider, from his salary.
11. Breach of Agreement
If the Customer is in default for at least 20 days, subject to 10 days written notice as contemplated in Section 129 (1) or 86 (9), the Service Provider may approach the court for an order to enforce the agreement including a claim for all outstanding amounts and / or damages. The Customer agrees to pay all reasonable costs of the collection of payments and further agrees to pay all legal costs on an attorney and client scale caused by his/her default including debt collectors’ costs and tracing fees.
12. Complaints
Complaints may be directed to the Service Provider at the contact details provided in the Agreement, or to the National Credit Regulator at (011) 554-2600.
13. Cession
The Service Provider has the right on written notice to the Customer to transfer (cede and assign) all the Service Provider’s rights and obligations in this agreement to a third party and the Customer will then pay the third party instead of the Service Provider.
14. Entire Agreement
This agreement constitutes the entire agreement between the parties relative to the subject matter hereof and supersedes all representations, warranties, agreements or undertakings previously made relative to such subject matter, and no such representations, warranties, agreements or undertakings shall be of any force and effect unless contained herein. No indulgence, extension of time, relaxation or latitude which the Credit Supplier may show, grant or allow to the Customer shall constitute a waiver by the Service Provider of any of its rights and the Service Provider shall not thereby be prejudiced or stopped from exercising any of its rights against the Customer which may have then already arisen or which may thereafter arise, and / or applying / enforcing the terms of this agreement. No variation of any of the terms and conditions of this agreement will be binding on the parties unless committed to writing and signed by them respectively. Should any provision or portion of this Agreement be unenforceable by law, void or voidable, such provision shall be severable from the remaining provisions hereof which shall remain in full force and effect.
This is the website of HolidayLoans (Pty) Limited, (Registration No. 2021 / 948193 / 07) (HolidayLoans.co.za, us, our, we), a private company registered in the Republic of South Africa.
HolidayLoans.co.za is a registered credit provider.
You can contact us regarding this website by email, at helpdesk@holidayloans.co.za
HolidayLoans.co.za provides the information contained in this website and the pages comprising the website, and advertises and offers the services advertised on this website from time to time (“service/s”) to users (“you”), subject to the terms and conditions set out herein (“the terms”).
Please read these terms, together with our Privacy Policy carefully, they will govern our relationship with you in relation to your use of www.holidayloans.co.za (“the website”) and will constitute an ongoing binding agreement between HolidayLoans.co.za and yourself.
By accessing the website, you are deemed to have read, understood and agreed to the terms. HolidayLoans.co.za may at any time modify any of the terms and such modification will supercede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website, you agree to be bound by the terms, as they have changed.
If you do not accept these terms and conditions, please do not continue to use this website. Please note that the terms and conditions stated in this document refer to the use by you of this website and are not related to any commercial agreement concluded between you and HolidayLoans.co.za or any other third party pursuant to the use of this website.
While HolidayLoans.co.za makes every effort to update the information provided on the website on a regular basis, HolidayLoans.co.za makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website.
The information, ideas and opinions expressed on this website are of a general nature and should not be regarded as financial or other advice. Before making any decision or taking any action based on, or in relation to information, ideas and opinions expressed on this website which might affect your personal finances or business, you should take appropriate advice from a suitably qualified person.
HolidayLoans.co.za only operates in South Africa. Content related to the products and services featured on this website are based on the laws of South Africa unless otherwise expressly stated. Your use of this website and any dispute arising out of the website is subject to the laws of South Africa. Any dispute arising out of the use or publication of this website is subject to the exclusive jurisdiction of the courts of South Africa.
By accessing the website, you warrant and represent to HolidayLoans.co.za that you are legally entitled to do so. If you subscribe for any of our products you warrant and represent that you are legally authorised to subscribe for such services. You further warrant you will not use the website, the products and/or the services or any information made available or sent to you by us pursuant to your use of the website for any purpose that is unlawful or prohibited under South African or international law or is contravention of the terms. You hereby indemnify HolidayLoans.co.za against any loss, liability, damage or expense of whatever nature which HolidayLoans.co.za or any third party may suffer which is caused by or attributable to, whether directly or indirectly, a breach by you of any of the warranties in these terms.
This website is available to you for your non-commercial use.
We may modify, withdraw or deny access to this website at any time.
You may print pages for your personal use but no part of this website may be reproduced or transmitted for any other purpose.
This website is intended to provide general information regarding HolidayLoans.co.za, our products and services, and other information which may be of interest to you. It is not intended to provide exhaustive treatment of any subject. The information on this website including all research, opinions or other content is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect your personal finances or business you should take appropriate advice from a suitably qualified person.
Copyright and all intellectual property rights and all materials, texts, drawings and data made available on the website (collectively “the materials”) are owned by HolidayLoans.co.za, alternatively HolidayLoans.co.za is the lawful user thereof, and are protected by both South African and international intellectual property laws. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will be an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for purposes of considering and making use of the services offered by HolidayLoans.co.za. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of HolidayLoans.co.za. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of HolidayLoans.co.za.
From time to time this website may also include links to other websites. These links are provided in order to enhance the interest of other featured content and are not intended to signify that HolidayLoans.co.za endorses or otherwise has any responsibility for the content of the linked website.
No endorsement or approval of any third party or their advice, opinions, information, products or services is expressed or implied by any information on this website.
External links may be provided for your convenience, but they are beyond the control of HolidayLoans.co.za and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of HolidayLoans.co.za.
Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving HolidayLoans.co.za’s prior written approval, which may be withheld or granted subject to the conditions HolidayLoans.co.za specifies from time to time.
No person, business or website may frame the site of HolidayLoans.co.za or any of the pages on this site in any way whatsoever.
No person, business or website may use any technology to search and/or gain information from HolidayLoans.co.za’s website without its prior written consent.
Save as set out in the terms, HolidayLoans.co.za makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the service/s and the website and service/s made available via the website are provided “as is”. HolidayLoans.co.za does not make any warranty or representation that information and service/s advertised on the website are appropriate for use in any jurisdiction.
To the fullest extent possible by law, HolidayLoans.co.za expressly disclaims all (express or implied) warranties, including, without limitation, warranties and non-infringement, compatibility, security and accuracy in respect of this website. We do not warrant that the website or any software available for download via the website is free of viruses or destructive codes.
Neither HolidayLoans.co.za or its directors shall be responsible for, and they hereby disclaim all liability for, any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website, your use of the service/s and/or your reliance on any information offered via the website and service/s.
Without limiting the generality of the aforegoing, neither HolidayLoans.co.za nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website.
Information transmitted via the internet is susceptible to monitoring and interception. You will bear all risks of transmitting information in this manner. We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us.
Any unsolicited confidential or proprietary information sent to us via the internet cannot be guaranteed to remain confidential. If you need to send such information to us and are concerned about the security of this information please contact us and we will advise you of the most appropriate method of transmission.
This website is made available for public viewing on the basis that HolidayLoans.co.za excludes, to the extent lawfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of this website or reliance upon the content of this website.
Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms which govern the relationship between us in relation to your use of the website. The advertising of our services via the website merely constitutes an invitation by HolidayLoans.co.za for you to make an application for credit. Wonga reserves the right not to accept and/or comply with any application for any reason whatsoever on notice to you. Should HolidayLoans.co.za accept your application for credit, the agreement is governed by the terms and conditions of the application and loan agreement itself and not by these terms which specifically relate to the use of the website.
HolidayLoans.co.za will not tolerate anyone using the HolidayLoans.co.za website (including the loan application process) in contravention of any law, whether in common law or statute, and reserves the right to take action against anyone doing so, including laying a criminal charge, where applicable.
We respect your privacy and your personal information (even if you do not become or are no longer a customer of ours) and refer you to our privacy policy which governs the way in which we collect and use the personal information provided to us as part of the application process. You give HolidayLoans.co.za permission to collect and use your personal information when you use the website.
