Terms & conditions

1Who we are, and what these terms cover

This website is operated by ExecuCash (Pty) Ltd (“ExecuCash”, “we”, “us”, “our”). ExecuCash is a registered credit provider in terms of the National Credit Act 34 of 2005 (the “NCA”), NCR registration number NCRCP12802.

These terms and conditions (“Terms”) govern your access to and use of www.execucash.co.za and any page, form or feature on it (the “Website”). By using the Website you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree with them, please do not use the Website.

In these Terms, “you” and “your” refer to any person who accesses or uses the Website for any reason.

Please pay particular attention to the paragraphs printed in bold. Those paragraphs limit our risk or liability, place risk or liability on you, or require you to indemnify us. We highlight them because section 49 of the Consumer Protection Act 68 of 2008 requires us to bring terms of that kind to your attention in plain language, and to give you a chance to read and understand them before you accept them.

2What this Website does — and what it does not do

The Website is an information and enquiry service. It tells you about our loans and our referral programme, and it lets you send us an enquiry or an application request.

No loan is applied for, granted, concluded or approved on this Website. Submitting a form or sending us a message does not create a credit agreement, does not oblige us to lend to you, and does not entitle you to any amount.

If we are able to help you, the credit relationship is created by separate documents that you receive and sign — a pre-agreement statement and quotation, and a credit agreement. Those documents, and not these Terms, set out the amount, the cost of credit, the instalments, the payment dates and your rights and obligations as a borrower. Where anything in these Terms conflicts with your signed credit agreement, the credit agreement prevails.

All costs of credit, fees, interest and charges are levied in line with the NCA and its regulations.

3Who may use the Website

By using the Website you warrant that:

• you are 18 years or older and have the legal capacity to enter into a binding agreement;
• you are not an unrehabilitated insolvent, and you are not currently under debt review or subject to an administration order, unless you have told us so;
• you are using the Website for yourself, and any information you submit is your own or you have the authority to submit it; and
• you are acting lawfully and not on anyone else's behalf without their knowledge.

4Information you give us

You agree that everything you submit through the Website is true, accurate, current and complete, and that you will correct it if it changes. We rely on what you tell us when we assess an application. Giving us false or misleading information may result in your application being declined, an existing agreement being terminated, and — where fraud is involved — the matter being reported to the South African Fraud Prevention Service and to the authorities.

Do not send us anyone else's personal information through the Website unless you have their permission.

5WhatsApp and other messaging

Our forms may complete your enquiry over WhatsApp. When you continue on WhatsApp you are using a third-party service, and that provider's own terms and privacy practices apply to your use of it. We do not control WhatsApp and are not responsible for its availability, security or performance.

We never ask for money before a loan is paid out, and we will never ask you for your online banking password, your card PIN or a one-time PIN. If anyone claiming to be from ExecuCash asks you for any of these, do not give it to them — end the conversation and report it to us on the numbers below.

6Affordability assessment and the credit bureau

As a registered credit provider we are required by the NCA to conduct an affordability assessment before granting credit. To do that we need to obtain a credit report about you, and a credit bureau may only release that report with your consent.

You give that consent separately, in writing, through our credit bureau consent form or on the paper form at our branch. The consent wording, the date and time and your device details are recorded, and you receive a copy. Giving consent does not commit you to a loan.

We report information about your account to registered credit bureaux, as the NCA requires. If we grant credit to you, that includes how you pay.

ExecuCash is also an accountable institution under item 11 of Schedule 1 to the Financial Intelligence Centre Act 38 of 2001 (“FICA”). That law obliges us to establish and verify your identity, and to keep records of having done so, before we may transact with you. This is why we ask for your identity document and proof of address, and why we cannot proceed without them.

7Referral programme

Information on the Website about our referral programme is a general description, not an offer. Commission is payable only on qualifying loans that have been paid out and settled, and only to referral partners who have joined the programme. The full referral partner terms are provided to you when you join, and those terms govern the commission relationship.

8Messages, marketing and your right to opt out

When you send us an enquiry, you agree that we may contact you about it by phone, SMS, WhatsApp or email — including messages about your application, your balance, your instalment due date and any arrears.

We may also send you information about our products and promotions. Section 45 of ECTA and section 69 of POPIA govern direct marketing of this kind. You can opt out at any time by replying to the message, by using any unsubscribe link, or by contacting us on the details below, and you may ask us to tell you where we obtained your details. Opting out of marketing does not stop the operational messages about an account you hold with us, which we are required or entitled to send.

9Personal information and cookies

We process your personal information in line with the Protection of Personal Information Act 4 of 2013 (“POPIA”). Our privacy policy explains what we collect, why we collect it, how long we keep it and what your rights are, and it also explains the analytics cookies this Website uses. Please read it together with these Terms.

10Intellectual property

The layout, text, graphics, images, logos, trade marks, icons and underlying code of this Website are owned by or licensed to ExecuCash and are protected by law. You may view the Website and print or download pages for your own personal, non-commercial use.

You may not copy, reproduce, modify, republish, distribute, sell or otherwise exploit any part of the Website, or use any of our names, logos or marks, without our prior written permission.

11Acceptable use

You may not:

• use the Website for any unlawful purpose, or to facilitate any unlawful activity, including fraud or money laundering;
• submit content that is defamatory, abusive, obscene, discriminatory or that infringes anyone's rights;
• introduce any virus, malicious code or other harmful material;
• attempt to gain unauthorised access to the Website, its server, or any connected system or database;
• use any automated system to scrape, harvest or overload the Website; or
• interfere with the operation, security or appearance of the Website in any way.

We may suspend or block your access to the Website if we reasonably believe you have breached this clause, without prejudice to any other right we have.

12Links to other websites

The Website may link to sites we do not control, such as Google, WhatsApp or the National Credit Regulator. We provide those links for convenience only. We do not endorse those sites and we are not responsible for their content, their products or their handling of your information. You visit them at your own risk and on their terms.

13Availability and accuracy

We take reasonable care to keep the Website accurate, current and available. We do not, however, warrant that the Website will always be available or uninterrupted, that it will be free of errors or viruses, or that the information on it is complete or up to date at any given moment.

Information about our loans and our referral programme is general in nature. It is not financial, legal or tax advice, and it is not an offer of credit. We may change, suspend or withdraw any part of the Website, or any product described on it, at any time.

14Limitation of liability

To the extent permitted by South African law, ExecuCash, its directors, employees and agents will not be liable for any loss or damage — whether direct, indirect or consequential, and including loss of profit or loss of data — arising from your access to, use of, or inability to use the Website, or from your reliance on anything contained on it.

Nothing in these Terms excludes or limits any liability that may not lawfully be excluded or limited. In particular, we do not exclude liability for our own gross negligence or wilful misconduct, and nothing here limits any right you have under the NCA, POPIA, the Consumer Protection Act or the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).

15Indemnity

You indemnify ExecuCash against any claim, loss, damage, fine or expense (including reasonable legal costs on the attorney and client scale) that we suffer as a result of your use of the Website, your breach of these Terms, or your breach of any law. This clause remains in force after these Terms come to an end.

16Complaints and disputes

If you are unhappy with anything, please tell us first — most matters are resolved quickly. Contact us on the details in clause 20 and we will acknowledge your complaint and work through it with you.

If you have credit with us, the NCA also gives you the right to:

1. refer the complaint to alternative dispute resolution through an ombud with jurisdiction, a consumer court or a registered ADR agent;
2. lodge a complaint with the National Credit Regulator; or
3. make an application to the National Consumer Tribunal.

National Credit Regulator: 011 554 2600 · complaints@ncr.org.za · www.ncr.org.za

17Changes to these Terms

We may update these Terms from time to time. The version published on this page is the version that applies, and it takes effect when we publish it. The version number and date appear at the top of this page. Please check back from time to time — continuing to use the Website after a change means you accept the updated Terms.

18Notices

ExecuCash chooses the physical address in clause 20 as its domicilium citandi et executandi — the address at which it will accept delivery of any notice or legal process. You choose the physical address, email address and cell number you gave us as yours.

Either of us may change our chosen address on written notice to the other, provided the new address is a physical address in South Africa and not a post box. The change takes effect fourteen days after the notice is delivered.

Section 23 of ECTA governs when an electronic message is treated as sent and received. A message we send you is treated as received when it is capable of being retrieved by you at the address you gave us. A message you send us is treated as received when we are able to retrieve it. Emails and messages can be delayed, intercepted or lost in transit, and we ask you to follow up by phone if a matter is urgent.

19General

Governing law

These Terms are governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts.

Severability

If any provision of these Terms is found to be invalid or unenforceable, it is severed and the rest of these Terms remain in full force.

No indulgence

If we do not enforce a right, or grant you extra time, that is not a waiver of any right and does not prevent us from enforcing it later.

Whole agreement

These Terms are the whole agreement between you and us about your use of the Website, and replace anything said or written before. They do not replace, and are subordinate to, any credit agreement signed between us.

20Company information

The following details are published as section 43 of ECTA requires of any supplier offering goods or services through a website in South Africa.

• Legal name: ExecuCash (Pty) Ltd
• Legal status: Private company
• NCR registration number: NCRCP12802
• Nature of business: Registered credit provider
• Address: Shop 0001c, Blaauw Village Shopping Complex, 283 Ben Viljoen St, Pretoria North, 0116
• Phone / WhatsApp: 076 621 2333
• Email: info@execucash.co.za
• Website: www.execucash.co.za