ZAGA MOBILE ACCOUNT

TERMS AND CONDITIONS
Last updated: 29/06/2022 Version 1.2

Your use of the Mobi Account is governed by the agreement.

Your attention is drawn to the clauses in the agreement that could:

• limit eZaga Pty Ltd' (we, us, our) or a third party's risk or liability;
• create risk or liability for you;
• compel you to indemnify us or a third party; and
• mean that you acknowledge a fact.

These terms and conditions are not intended to restrict, limit or avoid any rights or obligations you may have in terms of the Consumer Protection Act, 68 of 2008 (to the extent that this legislation is applicable).

1.Using your Mobi Account

• You agree to the following:
  • You can have only one Mobi Account with us.
  • You will indicate how the Mobi Account is styled.
  • You must use the Mobi Account in a manner acceptable to us.
  • We will monitor the use of the Mobi Account for assessing compliance with and adherence to the Product Specifications.
  • If you no longer qualify for the Mobi Account, we have the right to move you to an account that you do qualify for. We will tell you before we move you to another account. The terms and conditions and fees for that new account will then apply.
  • We have the right to claim any difference in the fees applicable to the two accounts from you, from the date that you no longer qualify for the Mobi Account to the date of the move to the new account.
• Your Mobi Account (including the money in it) cannot be assigned to any other person.
• You authorise us to accept instruction by electronic means.
• To perform any transaction on your Mobi Account you will need your cellphone number and a PIN as set out below.
• You must keep your PIN secret and not disclose it to anyone.
• Mobi Account transactions will be authorised using your PIN and unless we receive notice from you not to, we will accept all authorised transactions, even if they are actually made without your authority.
• You can use your Mobi Account for the transactions listed in the menu.
• You may not use the Mobi Account for any unlawful or illegal transaction. It is your duty to make sure that a transaction is lawful.
• We reserve the right to reject a transaction in certain circumstances.
• We may debit the account with the amounts of all items you authorise, whether the account is in credit or otherwise.
• If a transaction cannot be completed, you will receive an error message explaining why.
• We will display the fee for each transaction with the transaction and will deduct it from your Mobi Account along with the transaction. We will send you your new balance after the transaction by SMS. .
• An account is transaction history available on the menu.
• You elect to receive electronic statements.
• At our sole discretion we may levy an additional cost against your Mobi Account for paper-based statements, through any self-service or digital channel.
• We will pay no interest if you have a positive balance in your Mobi Account.
• The information you give us about yourself must be accurate. You must notify us immediately if your details change.
• You must tell us immediately if your SIM or phone is lost, damaged or stolen.
• Use of an ATM, retailer platforms or other electronic device is at your own risk.
• If illegal money (counterfeit banknotes or any other purported banknotes not accepted as legal tender in South Africa) or defective notes (dye-stained or mutilated banknotes where the serial
• number is illegible or defaced) are deposited into the Mobi Account, we reserve the right to reverse any value given to you for such dye-stained notes.
• Your Mobi Account cannot be overdrawn.

2.Limits

• There are different limits for different types of transactions.

3.Freezing, suspension, modification, restriction and termination

• We may freeze, suspend, modify or restrict your Mobi Account or terminate this Agreement immediately at any time without prior notice to you due to, including the following circumstances:
• Our being compelled to do so by law.
• Our having reasonable suspicion that the Mobi Account is being used for illegal, unlawful or fraudulent purposes.
• Your conduct resulting in a breach of our regulatory obligations.
• Your cellphone service provider removing your cellphone number from its network.
• Your notifying us that your cellphone or SIM card has been damaged, lost or stolen or your PIN has been disclosed to any other party.
• We will give you reasonable notice if we want to freeze, suspend, modify or restrict your Mobi Account or terminate this agreement due to, including the following circumstances, as determined at our sole discretion:
• Reputational risks or operational/business reasons.
• You no longer qualifying for the Mobi Account according to our product specifications.
• Your breaching of the agreement.
• Your breaching any other agreement with us.
• We must comply with local and international laws, regulations, policies and requirements regarding anti-money-laundering, counter-terrorist financing and sanctions. We may therefore continuously screen, verify, process and monitor all our and any related information, instructions and transactions effected by you and/or on your behalf. This may also result in your transactions, or the use of your Mobi Account being prohibited, delayed, withheld, limited, declined, or conditionally approved, your funds being confiscated and/or our relationship being terminated.

4.Product withdrawal/discontinuation

• If it becomes uneconomical or commercially impractical for us to provide the product or service offered in terms of this Agreement or if we are unable to continue to provide the product or service, for whatever reason, we may terminate that product or service on reasonable notice to you.
• We reserve the right not to honour reversals for cardless withdrawals processed to you or any incorrect cell number.

5.Dormant accounts

• We are still entitled to charge fees on a dormant account.

Once an account is dormant, you will be able to perform only credit transactions on the account and not debit transactions.

• To lift the dormant status on the account you will have to contact the eZaga Call Centre.
• We may, after notification to you, at our sole discretion, close an account that has been dormant for such a period as we may determine from time to time.
• We will give notice that the dormant account will be closed.
• Once the dormant account has been closed, no interest will accrue to the account.
• Should you wish to claim any positive balance from a closed dormant account, you will have to call the NCC or any of our branches for guidance on the process.

6.Privacy consent

• You give us consent to process your personal information in relation to your applications for financial products and/or services with us, subject to our privacy policies and within the parameters of applicable laws. The processing will include without limitation conducting affordability assessments, credit scorings and any other profile building, that can help us appropriately to allocate a product or service offering that is suited to your needs. The consent will also extend to us processing your personal information as we may deem fit for your and/or our legitimate interest.
• You also give us the right to:
• collect your personal information from third parties when reasonably necessary and/or if it is impractical to collect the data directly from you.
• share your personal information with third parties if necessary, to provide financial products or services to you;
• process your personal information for purposes of complying with any legislative or regulatory requirements;
• transfer and/process your personal information outside the Republic of South Africa, where necessary, on condition that such transfer and/or processing is subject to applicable laws binding corporate rules or binding agreement;
• process your special personal information (such as race, ethnic origin, biometric information or alleged criminal behaviour), only where necessary and subject to our privacy policies and applicable laws.
• You have the right to:
• request confirmation from us, free of charge, whether or not we hold your personal information;
• request the record or a description of your personal information held by us;
• request information about all third parties who have, or have had, access to your personal information;
• to correct or delete your personal information;
• withdraw your consent at any time by providing notice to us;
• object to it that we hold your personal information;
• lay a complaint at the Information Regulator regarding your personal information in terms of the Promotion of Access to Information Act.

7.Fees and taxes

• We will charge fees in accordance with the prevailing pricing schedule, or as agreed with you. We will debit the fees in accordance with the prevailing product specifications.
• The pricing schedule that contains information regarding the fees, is available at www.ezaga.co.za.
• You confirm that you have read and understood the fees for your Mobi Account.
• You must pay all fees when due to us.
• We are entitled, at our reasonable discretion, to vary any fees, or the items attracting fees.
• In addition all amounts that we may pay or incur following this agreement due to your default, including any amount we actually paid out, either when collecting any payment you owe or when exercising any of our rights arising from any breach of your obligations in terms of this agreement, as well as legal costs on the attorney-and-client scale (including tracing fees and any collection commission), will be payable by you to us on demand.

8.Legal notices

• For all purposes under this agreement, the parties choose the following addresses as their respective domicilia citandi et executandi:
  • us: Ezaga Pty Ltd, 18^th Floor, Green Park Corner, Morningside, Sandton; and you: the last known physical address supplied by you.
• Any legal notice to be served on any party may be served at the address specified for such Party in this clause.
• Legal notices will be valid and effective only if given in writing and delivered by hand or prepaid registered post.
• Each party accepts that if they send a legal notice to the other party, unless the contrary is proved, the parties will consider it received:
• on the date of delivery if delivered by hand, provided it was delivered to a responsible person during ordinary business hours.
• within seven days of the posting date, if delivered by prepaid registered post, unless the contrary is proved.
• Despite anything to the contrary in this clause, a written notice or other communication received by any party will be adequate written notice or communication to such party even if the notice was not sent to or delivered at the party's chosen address.
• A party may by written notice to the other party change its address for the purpose of this clause to any other address (other than a post office box number), provided that the change will become effective on the seventh business day after receipt of the notice.
• It is your responsibility to ensure that we are kept informed of any changes to your personal information, including address and contact details.

9.Liability

Except where damage or loss is caused by our wilful misconduct or gross negligence (or any person acting for or controlled by us), we will not be liable to you for any damage or loss that you may suffer because:

• your use of the eZaga Mobi Account.
• any action taken in terms of clause 3 or 5;
• any person having gained unauthorised access to any information or data;
• incorrect information was given to any person, including any credit bureau;
• any loss or theft resulting from your use of an ATM or a retailer platform or other electronic device;
• a delay, failure or malfunction of any ATM, self-service kiosk other device (electronic or manual) that you use to carry out transactions on the account;
• if you give your PIN to anyone else.

10.General

• Before opening a Mobi Account, we are entitled to satisfy ourselves of your suitability as an accountholder.
• The Agreement will form the whole agreement between us in connection with the Mobi Account.
• We may change the agreement and we will give you notice of any such changes.
• Any change of the agreement will not form a novation of the agreement or of any of your previous obligations to us.
• No failure or delay by us or you in exercising any right or remedy under the agreement will operate as a waiver thereof. And any single or partial exercise of any right or remedy does not prevent any further or other exercise of that right or remedy.
• If any provision of the agreement found by a court to be invalid or unenforceable, this will not affect the other provisions, which will remain in force.
• The agreement will be governed in accordance with the laws of the Republic of South Africa and subject to the jurisdiction of the South African courts.

11.Alternative dispute resolution

• We have a complaint process that is available through the ECC,0869990927 or at support@ezaga.co.za .
• If you have a dispute or a complaint regarding your account, you will need to send us a written statement setting out the dispute or the complaint. We undertake to investigate your dispute or complaint within a reasonable time, keep you informed during the investigation and provide you with a final written response.

12.Acknowledgement

• You warrant that you have fully and truthfully answered all questions and responded to requests for information by us relating to this agreement.
• You confirm that you understand and appreciate the risks and costs inherent in this agreement, as well as your rights and obligations under this agreement.

• Interpretation and definitions In these terms and conditions:

• • clause headings are for convenience.
  • unless the context indicates a contrary intention:
    • the singular includes the plural and vice versa;
    • any gender includes the other genders;
    • a natural person includes a juristic person and vice versa; and
    • any number of days will be calculated by excluding the first and including the last day, or where the last day falls on a day that is not a business day, the next business day.
  • Unless the context requires otherwise, the following words and expressions have the meanings set out hereunder