Woolworths Financial Services (Pty) Ltd

Mobile Site Terms and Conditions

Terms and Conditions applicable to Woolworths Financial Services customers

  1. How we interpret these terms and conditions
    1. In these terms and conditions the words on the left have the meaning set out on the right unless the context clearly shows that the parties intended a different meaning:
      1. Access channel means the mobile channel we provide and which enables you to perform electronic account enquiries (mobile services) including:
        1. Current balance
        2. Available credit
        3. Minimum amount due
        4. Payment date due
        5. Last 10 transactions (transactional view)
        6. any other service that we make available to you through the access channel
      2. Account means collectively any account opened in your name in the books of WFS and its subsidiaries.
      3. Mobi-site refers to a website that has been custom built for mobile phones.
      4. Mobile Services means the free services provided by WFS via the access channel which enables you to perform account enquiries in 1.1.1 above
      5. "Person" means an individual unless the context clearly means one or the other only;
      6. "SIM Card" stands for "subscriber identification module" card and means the component (usually a miniature smart-card) that is used to associate a cellphone subscriber with a specific cellphone service provider subscription;
      7. "Terms and Conditions" means these terms and conditions as amended from time to time
      8. "We" means Woolworths Financial Services (Pty) Ltd a private company duly registered under the laws of the Republic of South Africa and its subsidiaries,
      9. "Website" means our website at www.woolworths.co.za
      10. "You" means our customer who has registered to use the access channel to be able to do account enquiries
    2. Reference to:
      1. one gender includes all the genders;
      2. the singular form of a word includes the plural;
      3. the plural form of a word includes the singular; and
      4. a law or regulation is a reference to that law or regulation on the date of these terms and conditions, and as amended from time to time.
    3. Where we are required to exercise discretion under these terms and conditions, we will exercise our discretion in a reasonable manner.
  2. Your use of the access channel is subject to conditions
    1. We provide the access channel to you on these terms and conditions
    2. You acknowledge that the access channel will enable you to access account information, and that separate terms and conditions apply to each of these accounts. If there is a conflict between these terms and conditions and those that specifically govern a particular account, the terms and conditions applying to each account will apply.
  3. Changes to these terms and conditions
    1. We may change these terms and conditions by giving you reasonable notice of these changes in the form of sms or e-mail. By continuing to access the access channel you indicate your ongoing willingness to be bound by these terms and conditions.
    2. A certificate by the administrator responsible for maintaining our website and mobi-site will be sufficient evidence of the date of publication and the content of the most current version and all earlier versions of the terms and conditions and will be regarded as correct, unless you prove otherwise. You agree that we do not have to prove the appointment of the administrator who signs the certificate.
  4. Cell phone requirements for access channel
    1. To access the access channel using your cellphone you will need to select a Mobile communication for Application and USSD
    2. You will also need:
      • A phone and a Sim card. You need to buy a phone and a SIM card and register with a cellphone service provider before registering for the mobile services if you haven't already done so.
      • You alone are responsible for buying your cellphone and cellphone contract with a service provider and must pay all related costs, fees and expenses.
      • If we change the cellphone requirements for the access channel from time to time to improve, enhance or upgrade the access channel and our mobile self services, you must pay any phone or service provider connectivity you need to use the new system.
      • If you experience problems with your cellphone or the cellular network you use to access the access channel, you should contact your cellphone provider first to try to resolve these problems before you contact us.
    3. From your cellphone, you will be able to access your account information through the following platforms:
      1. Mobile Application
        You can download the application to most phones irrespective of their network, make or model. The mobile Application will be an icon on your phone through which you can access your account information
      2. Mobi Site
        This is a link that you will have to click which will be sent by email, e.g. m.wfs.co.za or a link sent by sms. You will be able to access your account information on the Mobi Site.
      3. USSD (Unstructured Supplementary Service Data)
        This option is suitable to cater for the older cell phones and is text or sms based. You will be guided to select various options depending on the account information you require, e.g. for:
        • Store Card,
        • Personal Loan
        • Credit Card
        This would mean that we can cover the needs of most of our customers.
  5. Limitation of liability for access channel
    1. All the information on our website and mobi-site is only intended to provide you with limited account information.
    2. You acknowledge that your use of the access channel and your account is entirely at your own risk.
    3. Unless we acted with gross negligence or fraudulent intent or in breach of this agreement, we will not be liable for any costs, expenses, losses or damages which you may suffer or incur as a result of, or in connection with any one or more of the following:
      1. Any malfunction or defect in the hardware or equipment that you use to access the Access channel, including your cellphone
      2. Any defect in the software you use to access the Access channel
      3. Any act or omission on the part of any cellphone service provider or any defect in the access channel or any other medium by which access is gained to the system.
      4. The access channel being unavailable
      5. Any power outages, industrial action, or other circumstances which are not reasonably in our control
      6. Any incorrect or incomplete instructions from you.
      7. Incorrect or late execution of any instruction given by you.
  6. Availability of the Access Channel
    1. We will be able to start with the mobile services in relation to your access to the access channel once we have approved your registration and you and our service provider have complied with any further conditions imposed by law.
    2. If we are unable to provide these services, we will inform you immediately.
    3. You acknowledge that the access channel will not be available at all times. The access channel and its connections to various channels may, for example, be unavailable due to interruptions and necessary maintenance and repair work which is not within our control.
    4. We will give notice of unavoidable interruptions and delays in providing our services. We will also give you timely notice of scheduled maintenance to the access channel that may cause an interruption or delay in the provision of our services or your ability to access the access channel.
  7. Enquiries on your account
    1. You give us permission to provide information about your account on condition that these instructions are authenticated with
      • Your Account number
      • Your Identity Number
      • Any other security measurement /procedures that we may agree with you from time to time
  8. Your duties
    1. Your account number and identity number operate as security and authentication measures. You must keep your account number and identity number secret. You must not disclose your account number and identity number to any other person.
    2. You must take all reasonable precautions to prevent any person from accessing or using the Access channel. If you know or suspect that someone else has gotten hold of your details, you must immediately notify us.
  9. Unauthorized use of your account details
    1. If another person gets hold of your account number or identity number, by whatever means, we will regard you as having authorized this person to use the access channel and to access your account on your behalf, unless you are able to prove that this person obtained the details because we were negligent, or because of internal fraud perpetrated at WFS.
  10. Indemnity and warranty by you.
    1. You promise to make good any loss or damage that we incur or suffer and to pay any claim brought against us at any time as a result of or in connection with the fact that you provided us with incorrect , wrong or unauthorized instructions or information, unless we suffered or incurred loss or damage, or this was brought against us, because of our own gross negligence or fraudulent intent or that of any person acting for or controlled by us. (This is known is law as an indemnity).
  11. Recording of telephone conversations
    1. For both your protection and ours, and in order to maintain the highest level of service, we may record telephone conversations between you and our staff in respect of the access channel.
  12. Intellectual property
    1. We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on our website from time to time.
    2. You are authorized to view and download one copy of these terms and conditions to a local hard drive or disk and to print and make copies of these printouts, on condition that
      1. You use this material to consider and use the access channel and for no other commercial purpose, and
      2. Any copy you make of any of our property material on our website or any webpage must include our copyright notice in full.
    3. The logos and trademarks on our website are our registered and unregistered trademarks, or those of other persons. Nothing on our website is intended to be interpreted as granting you or any other person any license or right to use any trademark without the prior written consent of the owner of the trademark. You may not, without our prior written consent, use any of our intellectual property or the intellectual property of any other person for any purposes whatsoever.
  13. Termination, suspension or withdrawal of the access channel
    1. You are entitled to terminate your use of this channel and these terms and conditions at any time by not accessing the service.
    2. We are entitled, in our discretion and without prejudice ( i.e. harm or limitation) to our other rights under these terms and conditions or in law, to cancel your registration, to terminate your access to the access channel and to terminate these terms and conditions at any time if: We are of the view that to do so is necessary and we give you reasonable advance notice of our intention to do so; or
    3. In order to protect you, us and our systems, we are entitled to immediately suspend or withdraw all or part of the access channel if;
      1. The access channel is being used contrary to these terms and conditions;
      2. We gave reasonable grounds for believing that the access channel may be used negligently, illegally or fraudulently; or
      3. We have reasonable grounds for believing that the security of the systems used to provide the access channel may be compromised.
    4. You may re-apply for access to the access channel at any time
  14. Confidentiality of information and security
    1. We cannot be held responsible for the confidentiality of information contained in documents that are sent to your chosen cell phone number you give to us when you register to access the access channel.
    2. You acknowledge that information transmitted through cellphone networks and other communication systems, including wireless connections, is susceptible to interception, unlawful access, and distortion and monitoring and that you use the access channel at your own risk
    3. We will publish security tips on our website and mobi-site from time to time. Please take note of these tips and comply with same.
  15. Costs and expenses
    WFS does not charge any fee to you for rendering the mobile services. You are responsible for all cellphone costs.
  16. Conflict with the CPA
    1. If any provision of these terms and conditions conflicts with any provisions of the CPA, the provisions of the CPA apply.
  17. Each clause is separate
    1. The parties acknowledge that each provision of these terms and conditions is separate. If any provision of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, it must be treated as if it had not been included in these terms and conditions. This does not:
      1. Make the rest of the terms and conditions illegal, invalid or unenforceable; or
      2. Affect the legality, validity or enforceability of any other provision or these terms and conditions as a whole.
  18. We do not lose our right
    We do not lose any of our rights under these terms and conditions if we do not immediately and in every instance insist on them. You may not raise it as a defense if we have a right that we did not enforce at the relevant time. For example, if we allow you extra time to pay your fees in one month, it does not mean we have allowed you extra time the next or any other month.
  19. The terms and conditions are the entire contract
    These terms and conditions are the only record of the contract between the parties in regard to the subject matter of these terms and conditions. Unless a court holds otherwise, no party is legally obliged to comply with any term, condition, or undertaking, not recorded in these terms and conditions, and these terms and conditions replace any arrangement or understanding held by the parties before these terms and conditions governed their relationship.
  20. Transferring rights and obligations
    1. You may not transfer any of your rights or obligations under these terms and conditions to anyone else without getting written permission in advance
    2. We may transfer all or some of our rights and obligations under these terms and conditions to any other person. We do not have to inform you or get your permission to transfer our rights and obligations. If this clause applies, then "we" where used in these terms and conditions will include the person to whom we have transferred any of our rights or obligations in terms of this clause.
  21. Confirmations
    You confirm that:
    1. You applied for access to the access channel and mobile services of your own free choice;
    2. We did not make you register for the access channel or do anything leading up to these terms and conditions that would be considered unconscionable or otherwise render these terms and conditions unlawful;
    3. There were no blank spaces on these terms and conditions at the time when you registered for access to the access channel;
    4. We did not ask you to sign any additional (supplementary) agreements or documents that are not referred to in these terms and conditions; and
    5. We did not make you an offer that automatically results in an agreement if you do not decline it.
  22. General declarations
    1. You understand and agree that we may disclose information about your account and your conduct of your account to other credit providers and credit bureaux when asked for such information
    2. You understand your rights and duties under these terms and conditions
    3. You have received a copy of these terms and conditions
    4. You have the legal capacity to access and use the access channel on these terms and conditions. This means, in the context of these terms and conditions, that the law regards you as competent to access and use the access channel on these terms and conditions, considering, if you are an individual, factors such as your age, marital status, and mental state.
    5. You are aware of terms with specific legal consequences
    6. You confirm the following:
      1. you have read and understood all these terms and conditions;
      2. You have read and are aware of all the terms that are printed in bold.

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