Professional Documents
Culture Documents
018 7ys2djl-018
018 7ys2djl-018
Registration 1999/022139/ NCR Registration NCRCP 1764 FSP Registration FSP 45614
number 07 Number Number
Physical address
and
3. Introduction
The Lender confirm that the Borrower can choose between 2 (two) options when he/she apply for credit, and
that either option A or option B below will be applicable based on the Borrower’s chosen option. The 2 (two)
options available to the Borrower are as follows;
Option A will be selected if the Borrower chooses to visit a branch of the Lender.
Option B will be selected if the Borrower chooses to make use of the telephonic/electronic option available
and not to visit a branch of the Lender.
APPLICATION
4. Consent
To obtain his/her credit profile from any registered Credit Bureau;
To Confirm his/her employment with his/her employer;
To Validate his/her identity with the Department of Home Affairs, or any other authorised registered
authority;
To investigate his/her latest salary slip and / or bank statement and to compare these documents with
his/her declared income and expenses.
Option A
The Borrower acknowledge that the credit application process will be conducted verbally, The
Borrower will receive his / her Credit Agreement, [Annexure “A” (if applicable)] as well the
Credit Protection Insurance Policy and Mandate electronically within 24 (twenty-four) hours.
Option B
The Borrower confirm that he/she has given his/her verbal and electronic consent to the Lender to
proceed with the following:
To conclude his/her credit application process telephonically and electronically on the USSD,
alternatively the WhatsApp for Business platform;
The Borrower acknowledge that the credit application process will be conducted telephonically,
and that all telephonic conversations will be recorded for quality and record purposes. The
Borrower will receive his / her Credit Agreement, [Annexure “A” (if applicable)] as well the
Credit Protection Insurance Policy and Mandate electronically within 24 (twenty-four) hours.
Option A
The Borrower confirm that he/she did not apply for Debt Counselling nor has he/she been placed under
Debt Review. The Borrower confirm that he/she has not been declared insolvent or placed under an
administration order in the past 10 (ten) years.
Option B
The Borrower telephonically confirmed that he/she did not apply for Debt Counselling nor has he/she been
placed under Debt Review. The Borrower telephonically confirmed that he/she has not been declared
insolvent or placed under an administration order in the past 10 (ten) years.
7. Financial Information
The Borrower verbally and herewith in writing confirm that his/her income and expenses declared is as set
out in Clause 9 below is correct. The Borrower was informed that the Lender must at least have his/her
latest salary slip or bank statement to validate his/her income and expenses. The Borrower confirms that
he/she was informed that if his/her Actual Living Expenses in Clause 9 is below the Minimum Living
Expenses as calculated in Clause 9, he/she may object to the calculations of his/her Minimum Living
Expenses, and the Lender may in EXCEPTIONAL CIRCUMSTANCES, approve his/her objection if he/she can
justify his/her Actual Living Expenses. The Borrower MUST complete the Consumer Necessary Expense
Declaration Questionnaire marked Annexure “A”. Annexure “A” will then also form part of the Credit
Agreement.
Option A
The Borrower was verbally informed of the content of Clause 11, and the Borrower were asked
to confirm if he/she accepted the quotation by placing his or her finger on the fingerprint
scanner. The Borrower electronically and now in writing accept the quotation as well as the
general terms and conditions of the Credit Agreement, [Annexure “A” (if applicable)] including
the Credit Protection Insurance Policy and Mandate. The Borrower were verbally informed that
by placing his fingerprint on the signature pad, he/she confirm that he/she will be deemed to
have affixed his/her signature to the Credit Agreement, [Annexure “A” (if applicable)] as well
the Credit Protection Insurance Policy and Mandate, and he/she will be legally bound by this
Credit Agreement, [Annexure “A” (if applicable)] as well the Credit Protection Insurance Policy
and Mandate. The Credit Agreement, [Annexure “A” (if applicable)] as well the Credit
Protection Insurance Policy and Mandate which will be sent to the Borrower electronically
after the electronic acceptance of the Credit Agreement, [Annexure “A” (if applicable)]
including the Credit Protection Insurance Policy and Mandate will serve as a written
confirmation of the Borrowers acceptance of the Credit Agreement, [Annexure “A” (if
applicable)] as well the Credit Protection Insurance Policy and Mandate.
Option B
The Borrower was verbally, and electronically on the USSD alternatively the WhatsApp for
Business platform informed of the content of Clause 11 and the Borrower was asked to confirm
if he/she accepted the quotation by electronically confirming on the USSD, alternatively the
WhatsApp for Business platform “I accept”. The Borrower telephonically, and electronically,
by electronically confirming “I accept” on the USSD, alternatively the WhatsApp for
Business platform, accepted the quotation as well as the general terms and conditions of the
Credit Agreement, [Annexure “A” (if applicable)] including the Credit Protection Insurance
Policy and Mandate. The Borrower were telephonically informed that by electronically
confirming “I accept” on the USSD, alternatively the WhatsApp for Business platform, he/she
will be deemed to have affixed his/her signature to the Credit Agreement, [Annexure “A” (if
applicable)] as well the Credit Protection Insurance Policy and Mandate, and he/she will be
legally bound by this Credit Agreement, [Annexure “A” (if applicable)] as well the Credit
Protection Insurance Policy and Mandate. The Credit Agreement, [Annexure “A” (if
applicable)] as well the Credit Protection Insurance Policy and Mandate which will be sent to
the Borrower electronically after the electronic acceptance of the Credit Agreement, [Annexure
“A” (if applicable)] including the Credit Protection Insurance Policy and Mandate will serve as
a written confirmation of the Borrowers electronic acceptance of the Credit Agreement,
[Annexure “A” (if applicable)] as well the Credit Protection Insurance Policy and Mandate.
Table 1: Minimum Expense Norms as per National Credit Regulations including Affordability
Assessment Regulations dated 13 March 2015
DESCRIPTION R NOTES
Transport PETROL
or
Clothing accounts
Credit Cards
Cellphone – Contract
Number of Instalments 1
11.2.5 VAT on Initiation fee and monthly service fee @ 15% R 35.27
11.2.6 Rand value of Total Cost of Credit (11.2.1 + 11.2.3 + 11.2.4 + R 301.05
11.2.5)
12. Quotation
Option A
Clause 11 serves as the quotation verbally and now in writing explained to the Borrower, and the
Borrower verbally advised that he/she had the right to delay the quotation by 5 (five) business days, to
consider the quotation as set out in Clause 11. The Borrower was also advised that if he / she elects to
enter into a Credit Agreement with the Lender, the Credit Agreement should be concluded at or below the
interest rate and costs initially verbally and in writing quoted. The Borrower was advised that he/she had
the right to enter into a Credit Agreement at any stage prior to the lapse of the 5 (five) business day
period. The Borrower also accepted the repayment amount, quote and repayment date verbally
confirmed and contained in this Credit Agreement.
Option B
Clause 11 serves as the quotation telephonically and electronically on the USSD, alternatively the
WhatsApp for Business platform explained to the Borrower, and the Borrower was telephonically and
electronically on a the USSD, alternatively the WhatsApp for Business platform advised that he/she had
the right to delay the quotation by 5 (five) business days, to consider the quotation as set out in Clause
11. The Borrower was also advised that if he / she elects to enter into a Credit Agreement with the
Lender, the Credit Agreement should be concluded at or below the interest rate and costs initially
telephonically and electronically on the USSD, alternatively the WhatsApp for Business platform quoted.
The Borrower was advised that he/she had the right to enter into a Credit Agreement at any stage prior to
the lapse of the 5 (five) business day period. The Borrower also accepted the repayment amount, quote
and repayment date as per USSD / WhatsApp for Business string attached to this Credit Agreement.
15. Registration
The Lender is duly registered as a Credit Provider with the National Credit Regulator in terms of the Act, and
as a Financial Services Provider with the Financial Sector Conduct Authority.
16. Credit Protection Insurance in terms of Section 106 of the National Credit Act
The Lender requires the Borrower to purchase and maintain during the term of the Credit Agreement, credit
protection insurance not exceeding the total of the Borrowers outstanding obligations to the Lender in terms
of the Credit Agreement. The Lender will not offer or demand that the Borrower purchase or maintain credit
protection insurance that is unreasonable or at an unreasonable cost to the Borrower. The Borrower has the
right to waive the proposed policy and substitute the policy with a policy of the Borrowers' own choice. The
maximum prescribed costs for credit protection insurance on short term credit transactions is R4.50 per R1
000 on the deferred amount. The Borrower may add additional temporary disability cover of R1.00 per R1
000 on the deferred amount, to ensure that the total obligation under the credit agreement is paid in the
event of temporary disability. This addition to the minimum benefit is completely voluntary and the Borrower
may decline the option to add this additional cover to his/her policy. The additional cover referred to
above is not available to Pensioners.
If the Borrower exercises his/her right to substitute the proposed policy with an insurance policy of the
Borrowers' own choice, the Lender requires the Borrower to provide the Lender with the following:
a valid direction in the prescribed manner and form requiring and permitting the Lender to pay any
premiums due under the policy during the term of the Credit Agreement on behalf of the Borrower as
they fall due, and to bill the Borrower for the amount of such premiums on a monthly basis for small
Credit Agreements.
a valid direction to the Insurer in the prescribed manner and form, naming the Lender as a loss payee
under the policy, up to the settlement value at the happening of an insured contingency, and requiring
the Insurer, if an insured event occurs, to settle the Borrowers obligation under the Credit Agreement
as a first charge against the proceeds of that policy at any time during the term of the Credit
Agreement.
Proof that the agreement was concluded during the course of that calendar month.
CREDIT AGREEMENT
17. Re-payment of Credit and Electronic Collection Authorisation
The Borrower agrees that this loan will be settled by way of DebiCheck Debit Order. The Borrower, hereby
authorises the Lender to debit the nominated account with the repayment amount due, on the Repayment
Date(s). It remains the responsibility of the Borrower to ensure the monthly DebiCheck Debit Order for the
repayment of the credit remains in effect and that it is sufficient to cover the minimum repayment required.
In the event that the payment day falls on a Sunday or recognised South African public holiday, the payment
day will automatically be the first immediate ordinary business day after to the non-processing payment
day(s). Furthermore, if there are insufficient funds in the nominated account to meet the obligation, the
Lender is entitled to track the nominated account and re-present the instruction ("re-presenting
functionality") for payment until sufficient funds are available in the nominated account.
The parties agree that this Credit Agreement was concluded on the registered business premises of the
Lender and that Section 121 of the Act is therefore not applicable.
Option B
The parties agree that this Credit Agreement was not concluded on the registered business premises of
the Lender and that Section 121 of the Act is therefore applicable. The parties further agree that the
provisions of this Credit Agreement, since it is an electronic transaction, is governed by Section 14 of
the Electronic Communications and transactions Act 25 of 2002 as amended. The Borrower is
entitled to cancel this Credit Agreement without cost or penalty within 7 (seven) business days following:
If the Borrower cancel this Agreement in terms of Clause 20, any amounts advanced to the Borrower in
terms of this Credit Agreement must be repaid to the Lender and in order to do so, the Borrower hereby
authorise the Lender to immediately initiate a one-time debit to the account specified in the Mandate in
the amount of the advance made to the Borrower. In addition, if the Borrower cancel this Credit
Agreement in terms of the provisions of this Clause 20, any payments made by the Borrower under this
Credit Agreement will be refunded by the Lender to the Borrower (except repayment of any part of the
Loan Amount advanced).
21. Borrower's right to settle Credit Agreement early in terms of Section 125 of the Act
The Borrower is entitled to settle the Credit Agreement at any time with or without advance notice to the
Lender and the settlement amount is the total of the following:
un-paid balance of the principal debt at that time; and
un-paid interest charged and all other fees and charges payable by the Borrower to the Lender up
until the settlement date.
Details of Company Barko Financial Services (Pty) Ltd Details of Company Barko Financial Services (Pty) Ltd
Details of Company Barko Financial Services Details of Company Ruthven Burger Kraft Inc.
(Pty) Ltd
Registration number 2012/079444/21
1999/022139/07
Registration number Email Address legal1@barko.co.za
legal3@barko.co.za
Email Address
Credit Life Insurance Communications Department
Details of Company Barko Financial Services (Pty) Details of Company Barko Financial Services (Pty)
Ltd Ltd
1999/022139/07 1999/022139/07
Registration number Registration number
FSP 45614 080 777 3777
FSP Number Telephone Number
Menlyn Woods Office Park 291 customercare@barko.co.za
Physical Address Email Address
Sprite Avenue Faerie Glen
0081
Postal Address
P O Box 37004 Faerie Glen
Telephone Number 0043
Details of Company Barko Financial Services Details of Company Barko Financial Services
(Pty) Ltd (Pty) Ltd
Registration number
1999/022139/07 1999/022139/07
Telephone Number Registration number
087 980 5002 080 777 3777
Compliance e-mail Telephone Number
Address compliance@barko.co.za admin@barko.co.za
Email Address
complaints@barko.co.za
43991
SMS “Good Service” or
“Bad Service”
The Borrower gives consent to receive information about services and Yes
products
The Borrower gives consent that his/her name and address may be used
to receive the following information
Facebook No E-Mail No
The Lender will make sure that your dealings with the Borrower is held in the strictest confidence
and the Borrower’s privacy as a Barko Financial Services (Pty) Ltd client is one of the highest
priorities. Barko Financial Services (Pty) Ltd will never distribute any of your private information,
unless you have given written consent to it or if it is required by law. The Borrower acknowledge
that he/she has the right to opt out at any time by notifying the Lender.
29. Cession
The Lender may verbally cede its rights under the Credit Agreement to a third party without the prior consent
of the Borrower.
Tel: 0861 662 837 Tel: 011 554 2600 or 0860 627 627
Fax: 086 383 4644 Fax: 011 484 6122
e-mail: ombud@creditombud.org.za e-mail: info@ncr.org.za
Address: Suite 444, Private Bag 1 Juskei Park 2153 Address: 127, 15th Road, Randjespark, Midrand
Website: www.creditombud.org.za Website: www.ncr.org.za
Tel: 012 294 1450 Tel: 012 470 9080 / 012 762 5000
Website: www.nct.org.za Website: www.faisombud.co.za
Credit Bureaux
32. Waiver
No extension of time, waiver or relaxation of any of the provisions or terms of this Agreement shall operate as
an estoppel against the Lender in respect of its rights under this Credit Agreement, nor shall it operate so as
to preclude the Lender thereafter from exercising its rights strictly in accordance with this Credit Agreement
The Borrower can refer to the Lender's Privacy Policy and statement located on www.barko.co.za for
more information on the Lender's privacy practices.
The Lender may collect information from me directly, or from my usage of the Lender's products and
services, or from my engagements and interactions with the Lender, or from public sources and from
third parties.
The Borrower's information will be confidential and will only be processed if the Borrower consented
thereto, if it is necessary to conclude or perform in terms of the Credit Agreement with the Lender,
and if the law requires it.
The Lender may process the Borrower's information. The Borrower's information includes amongst
others, information regarding marital status, national origin, age, language, birth, education, financial
history, identifying number, e-mail address, physical address, telephone number, online identifier,
social media profile, biometric information (like fingerprints, signature or voice) and his/her name and
surname.
The processing of information includes the collection, storage, updating, use, making available of or
destruction of his/her personal information.
The Lender may process the Borrower's information for the following reasons (amongst others):
To comply with legislative, regulatory, risk and compliance requirements (including directives,
sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil
reporting requirements and information requests.
To detect, prevent and report theft, fraud, money laundering and other crimes.
To enforce and collect on the Credit Agreement when the Borrower is in default or breach of the Credit
Agreement's terms and conditions, like tracing the Borrower or to institute legal proceedings against
the Borrower.
To conduct market and behavioural research, including scoring and analysis to determine if the
Borrower qualifies for products and services.
To develop, test and improve products and services for the Borrower.
For historical, statistical and research purposes.
To process electronic payment instructions.
To do affordability assessments, credit assessments and credit scoring.
To manage and maintain my relationship with the Lender.
To disclose and obtain information from Credit Bureau regarding the Borrower's credit history.
To enable the Lender to deliver documents or notices to the Borrower.
For security, identity verification and to check the accuracy of the Borrower information.
To communicate with the Borrower and carry out the Borrower's instructions and requests.
For satisfaction surveys, promotional and other competitions.
The Lender may share the Borrowers information with the following people (amongst others) whom
have an obligation to keep the Borrower's information secure and confidential:
Attorneys, tracing agents, debt collectors and other people that assist with the enforcement of
the Credit Agreement.
Debt counsellors, payment distribution agents and other people that assist with the debt
review process under the National Credit Act.
Payment processing Services Providers, Merchants, Banks and other people that assist with
the processing of the Borrower's electronic payment instructions.
Insurers that assist with the providing of Credit Life Insurance.
Law enforcement and fraud prevention agencies and other people tasked with the prevention
and prosecution of crime.
Regulatory authorities, industry ombudsman, governmental departments, local tax authorities
and other people that the Lender by law has to share the Borrower's information with.
Credit Bureau's.
The Lender's Service Providers, agents and sub-contractors like couriers and other people the
Lender uses to offer and provide products and services to the Borrower.
People to whom the Lender cedes their rights or delegates their obligations to under this
Credit Agreement.
The Lender may process the Borrower's information using automated means (without human
intervention in the decision making process) to make a decision about the Borrower's Credit
Application for Credit. The Borrower may query the decision made about him/her.
The Borrower has the right to access the information the Lender has about him/her by contacting the
Lender.
The Borrower has the right to request the Lender to correct or delete the information the Lender has
about him/her if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained
unlawfully or no longer authorised to be kept.
The Borrower may object on reasonable grounds to the processing of his/her information. The
Borrower may not object to the processing of his/her information if he/she have provided consent or
legislation requires the processing of same. The Borrower must inform the Lender of his/her
objection.
The Borrower has the right to withdraw his/her consent which allows the Lender to process his/her
information. However, the Lender will continue to process his/her information if permitted by law.
The Borrower has the right to file a complaint with the Lender or the Information Regulator once
established about an alleged contravention of the protection of his/her information.
The Borrower understand the risks and costs involved. All information provided above is correct and no
information was withheld which could be important. The Lender has not induced, harassed or
forced me to apply for credit. I understand that the Lender will decide in its sole discretion whether or
not to approve or decline my Application, and I am entitled to verbal reasons if my application has been
declined. I understand that I need to request written reasons from the Lender, if I am in need of the
reasons in writing. I understand that this Application shall be incorporated into the Pre-Agreement
Statement and Quotation and the Credit Agreement, and read together as one document, if my
Application is successful and I accept the Pre-Agreement Statement and Quotation from the Lender. I
understand that if I am married in community of property, I need my spouse's written consent
to apply for credit. I confirm that I have my spouse's written consent in terms of section 15(2)
of the Matrimonial Property Act 88 of 1984 to apply for Credit in terms of the Act. By accepting
this Credit Application, I confirm that the Lender can rely upon the truth, correctness and accuracy of the
information contained herein and any other supporting documentation or information provided by me.
Any incorrect or false information. supplied by myself will be reported to the South African Fraud
Prevention Services and the Police. I have fully and truthfully disclosed my income and
expenditure to the Lender. I have disclosed whether I am currently under debt counselling or
subject to debt review. Accepting the Pre-Agreement Statement and Quotation, as well as
entering into the Credit Agreement will not cause me to become over indebted as
contemplated in the Act. The Borrower agrees to the once-off and monthly costs, interest charges and
fees as set out above being collected together with the Credit Amount on date of repayment of Credit
granted. The Borrower hereby authorises the Lender to debit his/her chosen bank account in terms of the
mandate, with any once-off or monthly cost(s), charges or fees as set out in this Credit Agreement. In
the event of default by the Borrower, he/she further consents and authorises the Lender to forward all
relevant confidential information pertaining to the Borrower, to third parties including but not limited to
Credit Bureau's, Attorneys, Debt Collectors and Tracing Agents. The Borrower consents in terms of
Section 45 of the Magistrates' Courts Act, 32 of 1944, as amended, to the Lender instituting any legal
proceedings or enforcing any of its rights under this Credit Agreement, in the Magistrate's Court of any
district having jurisdiction in terms of Section 28(1) of the aforesaid Act, as amended. Notwithstanding
the Borrower's consent as aforesaid, the Lender shall have the right to institute legal proceedings in any
other competent Court having jurisdiction in the matter. The Borrower hereby warrants that he/she has
disclosed to the Lender all relevant information relating to other existing Credit Agreements and current
Credit Applications submitted to any other Credit Provider(s). The Borrower warrants that, to the best of
his/her knowledge and belief, the information herein provided to the Lender is true, accurate and
complete. The Borrower acknowledges that should he/she furnish the Lender with incorrect or false
information, he/she may be denied the protection offered by the Act.
Option A
By placing your fingerprint on the fingerprint scanner, you electronically sign this Credit Agreement and
agree to be legally bound by its terms and conditions.
Option B
Signature of Borrower
By electronically confirming on the USSD, alternatively the WhatsApp for Business platform “I accept”
you electronically sign this Credit Agreement and agree to be legally bound by its terms and conditions.
USSD alternatively WhatsApp for Business string attached to this Credit Agreement is also binding as
agreed in USSD alternatively the WhatsApp for Business replies.
2023-03-18
ID Number: 9202290236085
Date: 2023-03-18
© Barko Financial Services 2023 | Privacy Policy (https://www.barko.co.za/privacy.html)
BFS Loan Application Consent
Arrangement:
Insurance R6.33
2023-04-14 1307.38
MR. LEHLOHONOLO NYAKALE
Date: 2023-03-18
The Consumer herewith gives the following authority to the Credit Provider
1. The Consumer
Bank Details
The Credit BARKO FINANCIAL SERVICES (PTY) LTD trading as Branch (hereinafter
Provider referred to as the “Credit Provider”)
Registration 1999/022139/ NCR Registration NCRCP 1764 FSP Registration FSP 45614
number 07 Number Number
Physical address
The Consumer nominates the above addresses as his/her addresses to receive documents/mail of any nature,
including the Mandate. Should the above addresses of the Consumer change, the Consumer must notify the
Credit Provider within 14 (FOURTEEN) business days from date of change of the new addresses by
submitting a written request at any branch of the Credit Provider, sending an e-mail to admin@barko.co.za
(mailto:admin@barko.co.za), phoning the toll free number on 080 777 3777, alternatively the Consumer
can sms “mandate” to 43991 and someone will phone him/her back to assist with the change of addresses.
Number of Instalments 1
2023-04-14 R 1307.38
The Consumer authorises the originator to make use of the tracking facility as provided for in DebiCheck
Debit Order. The Consumer authorise the Credit Provider to request payment from my financial institution at
least 3 (THREE) days but not more than 5 (FIVE) days prior to the agreed payment(s) date(s), as well as
at least 4 (FOUR) days and not more than 5 (FIVE) days after.
If the date of the instruction falls on a non-processing day (weekend or a single public holiday), The
Consumer, agree that the payment instruction may be debited against my account on the first business day
immediately after the non-processing day(s) to allow for tracking of dates to match with flow of Credit at no
additional cost to myself.
The Consumer authorise the Credit Provider to increase my tracking facility in terms of clause 3
above to accommodate for any changes in my, the Consumers, salary pay date.
If the DebiCheck Debit Order is unsuccessful, The Consumer consent to subsequent payment instructions to
be delivered in terms of this authority until the obligations in terms of the Agreement have been paid or until
this authority is cancelled by myself, the Consumer, by giving the Credit Provider notice in writing and sent by
pre-paid registered post or delivered to the Credit Providers address indicated above.
4. Mandate
The Consumer acknowledge that all payment instructions issued by the Credit Provider shall be treated by my
above-mentioned bank as if the instructions had been issued by me personally.
5. Cancellation
The Consumer agree that although this authority and mandate may be cancelled by me, such cancellation will
not cancel the Agreement. The Consumer also understand that I cannot reclaim amounts, which have been
withdrawn from my account (paid) in terms of this authority and mandate, if such amounts were legally owed
to the Credit Provider.
6. Assignment
The Consumer acknowledge that this authority may be ceded or assigned to a third party if the Agreement is
also ceded or assigned to that third party.
The Consumer acknowledges and confirms that if he/she has chosen Option A (Borrower present), his/her
fingerprint will be the electronic signature used. The Consumer further acknowledges and confirms that if
he/she has chosen Option B (Borrower not Present), his/her electronic consent given on the USSD
platform will be the electronic signature used.
Option A
Signature of Consumer
By placing your fingerprint on the fingerprint scanner, you electronically sign and authorise this Mandate as
per electronic channel provided by your Bank and agree to be legally bound by its terms and conditions.
Option B
Signature of Consumer
By electronically confirming on the USSD platform “I accept” you electronically sign and authorise this
Mandate as per electronic channel provided by your Bank, and agree to be legally bound by its terms and
conditions. USSD string attached to this Mandate is also binding as agreed in USSD replies.
2023-03-18
ID Number: 9202290236085
L NYAKALE
9212225298084
P O Box 37004 Faerie Glen 0043 The Marc, Tower 2, 129 Rivonia
Road, Sandton 2196
E-mail: claims@barko.co.za
E-mail: info@guardrisk.co.za
Tel Number: 013 235 1030
Tel Number: (011) 669-1000
CREDIT LIFE INSURANCE POLICY PROPOSAL AND SCHEDULE AND OPTIONAL CREDIT PROTECTION
INSURANCE POLICY
2. CLIENT DETAILS
Address
The Client nominates to receive all documentation, legal notices and his/her Credit Life Insurance Policy
documents, including the Credit Life Insurance Policy Proposal and Schedule and the Credit Life Insurance
Policy, via the below electronic mail address / an “sms” link to the below Cellphone number. The
Client nominates to receive all communications, including but not limited to claims, repudiations and general
communications including premium increases/decreases via the below electronic mail address / an “sms”
link to the below Cellphone number. Should the below electronic mail address / Cellphone number
of the Client change, the Client must notify BFS within 48 (FORTY EIGHT) hours from date of change, of the
new electronic mail address / Cellphone number by submitting a written request at any branch of BFS,
sending an electronic mail to claims@barko.co.za, phoning the toll free number on 080 777 3777,
alternatively the Client can sms “credit life insurance” to 43991 and someone will phone him/her back to
assist with the change of his/her electronic mail address / Cellphone number.
4. PRODUCT DETAILS
Credit Life Insurance for Death, Unemployment or R4.50 for each The outstanding balance
short term credit being unable to earn an R1 000.00 of the Clients total
transaction income, Permanent obligation under the
Disability cover or Credit Agreement as set
Temporary Disability out below.
cover as set out below
Optional Additional Temporary Disability R1.00 for each R1 000.00 Settlement of client's
minimum benefits total obligations under
the Credit Agreement as
set out below.
5. PREMIUMS
All premiums are inclusive of Commission @ 7,5 % and Binder Fee @ 9% (for administrative and
binder functions performed on behalf of Guardrisk). This schedule becomes a tax invoice once the full
amount has been paid. This schedule forms part of the insurance company's Credit Life Insurance Policy
wording and must be read in conjunction with the applicable wording.
6. QUOTATION
I confirm that the following quotation was verbally explained to me and that I have accepted the quotation
including the Credit Protection Insurance Premium payable together with the repayment amount:
Number of Instalments
6.2.5 VAT on Initiation fee and Monthly Service Fee @ 15% R 35.27
6.2.6 Rand value of Total Cost of Credit (6.2.1 + 6.2.3 + 6.2.4 + R 301.05
6.2.5)
If the Client accepts this Credit Life Insurance Policy, the Client will be required to confirm his/her acceptance by:
Option A
Placing his/her fingerprint on the fingerprint scanner. By placing his/her fingerprint on the fingerprint scanner, the Client will be deemed to have affixed his/her
signature and he/she will be legally bound by this Credit Life Insurance Policy, read together with the consent granted in the Credit Agreement and verbally during
the Credit Application stage.
Option B
Electronically confirming on the USSD, alternatively the WhatsApp for Business platform “I accept”. By electronically confirming on the USSD alternatively the
WhatsApp for Business platform, the Client will be deemed to have affixed his/her signature and he/she will be legally bound by this Credit Life Insurance Policy,
read together with the consent granted in the Credit Agreement and verbally during the Credit Application stage.
The Credit Life Insurance Policy which is sent to the Client electronically after his/her acceptance of the Credit Life Insurance Policy, serves as a written confirmation
of his/her acceptance of the Credit Life Insurance Policy. You are entitled to a copy of this Credit Life Insurance Policy free of charge.
9. Definitions
In this Credit Life Insurance Policy, unless inconsistent with or otherwise indicated by the context, the following words and expressions shall have the meanings as
indicated below:
Administrator Means Barko Financial Services (Pty) Ltd.
Applicable Laws Means the Insurance Act 18 of 2017, the Long-term Insurance Act 52 of 1998, the Policyholder Protection Rules (Long-term
Insurance), 2017 and the Protection of Personal Information Act 4 of 2013 and all other legislation dealing with data management
and such processes.
BFS (Financial Services Means Barko Financial Services (Pty) Ltd, the Financial Services Provider, Intermediary and Administrator with registration number
Provider and Credit 1999/022139/07, an authorised Financial Services Provider with FSP no 45614.
Provider)
Business days Means a day which is not a Saturday, Sunday or South African public holiday.
Claim Means, unless the context indicates otherwise, a demand for a Credit Life Insurance Policy benefit by a person in relation to this
Credit Life Insurance Policy, irrespective of whether or not the person’s demand is valid, made by submitting a completed and signed
claim form with supporting documents to the Administrator.
Claim event Means the risk insured, occurring during the term of this Credit Life Insurance Policy, being the date of Death, date of Unemployment
or date of being unable to earn an income, date of Permanent Disability or date of Temporary Disability of the Client.
Claimant Means a person who makes a Claim in relation to this Credit Life Insurance Policy.
Day Means a 24 (twenty-four) hour period, and “Days” has a corresponding meaning.
Death Means the Accidental Death or the Natural Death of the Client.
Disability Means that a person becomes physically or mentally impaired, whether totally or partially, or temporarily or permanently, that the
person’s ability to earn an income or meet the obligations under a Credit Agreement is impaired, and includes, but is not limited to,
occupational disability.
Exclusion Means the losses or risk events not covered under this Credit Life Insurance Policy.
FAIS act Means the Financial Advisory and Intermediary Services Act 37 of 2002.
Insurer/Underwriter Means a life insurer in respect of the Insurance Act, namely Guardrisk Life Limited, the Insurer and Underwriter (Product supplier)
with registration number 1999/013922/06, an authorised Financial Services Provider with FSP no 76.
Intermediary Means an independent intermediary or representative, respectively.
Lapsing of Credit Life Means that the Credit Life Insurance Policy for which all benefits to the Client cease due to non-payment of the monthly premium.
Insurance Policy
Client (Consumer) Means a person who has successfully applied for this Credit Life Insurance Policy, who is listed in the Credit Life Insurance Policy
Schedule and for whom the full premium has been paid up to date.
Misrepresentation Means the conscious decision to provide inaccurate or incorrect information in relation to any personal details or medical history or
to change the true facts to mislead an interested party. This shall also mean the failure to disclose material information at the date
of application that had the Insurer been aware of would have resulted in the Credit Life Insurance Policy not being issued.
Next of Kin Means the nominated contact person whom the Administrator may contact to obtain your documentation in the event of death.
Occupational Disability Means a form of disability where a person’s ability to earn an income or meet the obligations under a Credit Agreement arises from
a physical or mental impairment which renders the person unable to continue his or her employment, own occupation, profession
or trade. Occupational Disability will not be applicable to the Pensioner Plan
Policyholder Has the meaning assigned to it in the Applicable Laws and for purposes of this Credit Life Insurance Policy shall refer to the Client.
Credit Life Insurance Policy Means the date on which this Credit Life Insurance Policy commences and is effective, and the date of obtaining the loan with BFS
Inception Date
Period of Insurance Means the period for which premiums remain paid and the Credit Life Insurance Policy remains in force.
Personal Information Means personal information as defined in the Protection of Personal Information Act 4 of 2013.
Credit Life Insurance Policy Means the Credit Life Insurance Policy Schedule, the terms and conditions, Credit Life Insurance Policy wording and any endorsements
thereto.
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Premium Means the amount payable as stated in the Credit Life Insurance Policy Schedule or any endorsement issued in terms of the Credit
Life Insurance Policy.
Repudiate In relation to a claim, means any action by which the insurer rejects or refuses to pay a claim or any part of a claim, for any reason,
and includes instances where a claimant lodges a claim
a) in respect of a loss event or risk not covered by a Credit Life Insurance Policy; and
b) in respect of a loss event or risk covered by a Credit Life Insurance Policy, but the premium or premiums payable in respect of
that Credit Life Insurance Policy has not been paid.
Short term credit Means the credit transaction not exceeding R8 000.00 (eight thousand rand) and in terms of which the whole amount is repayable
transaction within a period not exceeding 6 (SIX) months.
Type of Credit Life The main purpose of this Credit Life Insurance Policy is to provide credit life insurance to the client in the event of death, temporary
Insurance Policy or permanent disability and in the event of the client becoming unemployed or being unable to earn an income.
Variation / Vary Means any act that results in a change to-
- the premium;
- any term;
- any condition;
- any Policy benefit;
- an exclusion; or
- the duration of the Policy.
This Agreement shall be interpreted according to the following provisions, unless the context requires otherwise:
• References to “Credit Life Insurance Policy” shall include this Credit Life Insurance Policy as amended, varied, novated or substituted in writing from time to
time.
• The headings of clauses and sub-clauses are included for convenience only and shall not affect the interpretation of this Credit Life Insurance Policy wording.
• If figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two.
• Words importing the singular number shall include the plural and vice versa, and words importing either gender shall include both genders.
• Unless specifically otherwise provided, the number of days indicated to commit an act or indicated for any other purpose, is calculated by excluding the first
day and including the last day.
• Reference to "days" shall be construed as calendar days unless qualified by the word "business", in which instance a "business day" will be as defined above.
• References to “months” shall be construed as calendar months.
• If any provision in a definition contains a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to such provision as
if it was a substantive provision in the body of this Credit Life Insurance Policy.
• References to the provisions of any Law shall include such provisions as amended, re-enacted or consolidated from time-to-time in so far as such amendment,
re-enactment or consolidation applies or is capable of applying to any transaction entered into under this Credit Life Insurance Policy.
The cover includes clients whom are unable to earn an income in the informal sector being open ended fixed term contracts or limited duration contracts.
(Retrenchment or occupational disability excluded).
16. Premium
The premium payable is the amount specified in the Proposal/Schedule above. The premium is calculated at R4.50 (four rand and fifty cents) per R1 000.00 (one
thousand rand). The Optional Benefit Premium is calculated at an additional amount of R1.00 (ONE RAND) per R1 000.00 (one thousand rand). If the client wants
to add the optional benefit as set out above, the premium is calculated at R5.50 (five rand and fifty cents) per R1 000.00 (one thousand rand). If payment of
the premium is not received by BFS by the due date, this insurance shall be deemed to have been cancelled. By agreeing to take out this Credit Life Insurance
Policy, the Client consents to BFS to DebiCheck debit and collect the premium from the Client's bank account or to collect the premium in cash. BFS is authorised
by the Insurer to process these electronic collections and to receive the relevant premiums. If the premium is paid by debit order / any electronic collection system:
• It may only be in favour of the Client and may not be transferred without your approval; and
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• BFS must inform you at least 31 (thirty-one) days before the cancellation thereof, in writing of its intention to cancel such debit order.
The branch will arrange for the transfer of the above-mentioned documents to BFS claims administration department. In the event of any queries, please contact
BFS on 080 777 3777, or send an e-mail to claims@barko.co.za, or sms “credit insurance” to 43991 and someone will phone you back to assist you. BFS reserves
the right to request any additional information/documentation to verify or process the claim, which must be provided at the Client/Next of kin costs.
21. Misrepresentation
If any claim under this Credit Life Insurance Policy is in any way misrepresented or any fraudulent means are used by you or anyone acting on your behalf to obtain
any benefit under this Credit Life Insurance Policy or if any of the Events insured against are occasioned by your intentional act, or with your connivance, all benefits
under this Credit Life Insurance Policy and any premium paid in terms of the Credit Life Insurance Policy will be forfeited and the Credit Life Insurance Policy will
be voidable at Our option. Appropriate action will be taken as deemed necessary by BFS/the Insurer.
23. Cancellation
This Credit Life Insurance Policy may be cancelled by the Client giving 31 (thirty-one) days' notice in writing to BFS or it may be cancelled by the Insurer, for
whatsoever reason, giving 31 (thirty-one) days' notice in writing to the Client at the latter's last known address. Please contact BFS on 080 777 3777, or send an
e-mail to claims@barko.co.za, or SMS “credit insurance” to 43991 and someone will phone you back to advise you on the cancellation of your Credit Life Insurance
Policy. The Insurer may immediately cancel this Credit Life Insurance Policy, or place it on hold, refuse any transaction or instructions, or take any other action
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considered necessary in order to comply with the law and prevent or stop any undesirable or criminal activity. If any claim under this Credit Life Insurance Policy
is in any respect fraudulent, or if any fraudulent means or devices are used by the Client or anyone acting on his/her behalf to obtain any benefits under this Credit
Life Insurance Policy, all benefits under this Credit Life Insurance Policy shall be forfeited. The Insurer may not cancel your Credit Life Insurance Policy merely by
informing BFS. There is an obligation to make sure the cancellation notice has been sent to you.
26. Variations
No variation to this Credit Life Insurance Policy will be binding on BFS/the Insurer unless made in writing and signed by a duly authorised officer of BFS/the Insurer
and confirmed thereafter by payment by the Client of the Premium whether varied or not. No act or omission to act by BFS/the Insurer or any officer or employee
of BFS/the Insurer shall be deemed to be a representation on behalf of BFS/the Insurer upon which the Client or the Client’s heirs, executors or assigns are entitled
to act. This Credit Life Insurance Policy is issued on the basis that the statements and information made and set forth in the application and all declarations made
in respect thereof are true and correct and constitute a full disclosure of all facts and circumstances likely to materially affect the assessment of the risk at the time
of the issuing of this Credit Life Insurance Policy. BFS/the Insurer reserves the right to amend, add or change the terms and conditions of this Credit Life Insurance
Policy by giving 31 (thirty-one) days’ written notice of its intention to do so. Any variations and or changes will be binding on BFS/the Insurer and the Client and
can be applied at any time to the existing terms and conditions after written communication of these changes has been sent to the Client’s last known address as
it appears in our records at that time.
Details of Financial Service Provider, Intermediary and Administrator (BFS) Details of Insurer and Underwriter (Product Supplier and Insurer)
Details of Company Barko Financial Services (Pty) Ltd Details of Insurer Guardrisk Life Limited
Registration number 1999/022139/07 Registration number 1999/013922/06
FSP Number FSP 45614 FSP Number FSP 76
Physical Address Menlyn Woods Office Park 291 Sprite Physical Address The Marc, Tower 2, 129 Rivonia Road, Sandown, Sandton,
Avenue Faerie Glen 0081 2196
Postal Address P O Box 37004 Faerie Glen 0043 Postal Address PO Box 786015, Sandton, 2146
Telephone Number (087) 980 5002 Telephone Number (011) 669-1000
Email Address (claims) claims@barko.co.za Email Address (general) info@guardrisk.co.za
Compliance Officer Martie Ruthven Email Address (compliance) compliance@guardrisk.co.za
Compliance Telephone Number (087) 9805002 Website www.guardrisk.co.za
Compliance e-mail Address compliance@barko.co.za
Website www.barko.co.za
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7700 0040 0102
Telephone Number 021 657 5000 Telephone Number 012 470 9080 Telephone Number 012 428 8000
0860 103 236 012 348 3447 Fax 012 347 0221
Fax 021 674 0951 Email Address (claims) info@faisombud.co.za Email Address (claims) info@fsca.co.za
Email Address (claims) info@ombud.co.za Website www.faisombud.co.za Website www.fsca.co.za
Website www.ombud.co.za
BFS may share your information with the following persons (among others) whom has an obligation to keep the Clients information secure and confidential:
• Payment processing service providers, merchants, banks and other persons that assist with the processing of your payment instructions.
• Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime.
• Regulatory authorities, industry ombudsman, governmental department, local and international tax authorities, and other persons that BFS, under the law,
has to share your information with.
• Credit Bureau’s.
• BFS’s service providers, agents and sub-contractors like couriers and other persons BFS uses to offer and provide products and services to the Clients.
• Persons to whom BFS cedes their rights or delegates their obligations to in terms of the Credit Protection Insurance Policy.
The Client indemnifies BFS / the Insurer from any claims resulting from disclosures made with consent. The Client understands that if BFS / the Insurer has utilised
Personal Information contrary to the applicable laws, the Client has the right to lodge a complaint with Guardrisk within 10 (ten) Days. Should Guardrisk not resolve
the complaint to the Clients satisfaction, the Client has the right to escalate the complaint to the Information Regulator. BFS may process information using
automated means to make a decision about or application for any products or services. The Client may query the decision made by contacting BFS on 080 777
3777, or send an e-mail to claims@barko.co.za, or sms “credit life” to 43991. The Client has the right to access the information BFS has by contacting BFS on
080 777 3777, or send an e-mail to claims@barko.co.za, or sms “credit life” to 43991. The Client has the right to request to correct or delete information BFS has,
if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or no longer authorised to be kept. The Client must inform BFS of
his / her request by contacting BFS on 080 777 3777, or send an e-mail to claims@barko.co.za, or sms “credit life” to 43991. The Client may object on reasonable
grounds to the processing of their information. The Client may not object to the processing of information if consent is provided or legislation requires the
processing. The Client must inform BFS of the objection by contacting BFS on 080 777 3777, or send an e-mail to claims@barko.co.za, or sms “credit life” to 43991.
The Client has the right to withdraw his / her consent, which allows BFS to process the information; however, BFS will continue to process the information if
permitted by the Applicable Laws.
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36. Signature Clause
The Client acknowledges and confirms that if he/she has chosen Option A (Borrower present), his/her
fingerprint will be the electronic signature used.The Client further acknowledges and confirms that if
he/she has chosen Option B (Borrower not Present), his/her electronic consent given on the USSD
platform will be the electronic signature used.
Option A
By placing your fingerprint on the fingerprint scanner, you electronically sign this Credit Protection Insurance
Schedule and Policy and agree to be legally bound by its terms and conditions.
Option B
Signature of Client
By electronically confirming on the USSD, alternatively the WhatsApp for Business platform “I accept”, you
electronically sign this Credit Protection Insurance Schedule and Policy and agree to be legally bound by its
terms and conditions. USSD, alternatively WhatsApp for Business string attached to this Credit Agreement is
also binding as agreed to in USSD, alternatively WhatsApp for business replies.
2023-03-18
Signature of Lender Representative
ID Number: 9202290236085
Date: 2023-03-18
L NYAKALE
ID Number 9212225298084