Terms and Conditions of Service
M & J Kasi Loans (Pty) Ltd
Registration No: 2023 / 840315 / 07 | NCR RegistrationNo: NCRCP20766
1. LEGAL COMPLIANCE & STATUS
M & J Kasi Loans (Pty) Ltd (“the Company”) is a registered Credit Provider in terms of the National Credit Act 34 of 2005 (NCA). All credit agreements enteredinto are subject to the provisions of the NCA and the jurisdiction of the NationalCredit Regulator (NCR).
2. LOAN TERMS AND COST OF CREDIT
- Principal Debt: Loan amounts are restricted to a range of R500.00 to R8,000.00.
- Interest: A fixed interest rate of 25% is applied to the principal debt for theone-month term.
- Transparency: In accordance with Section 101 of the NCA, the Company does not charge hidden service fees or initiation fees beyond the disclosed interest and late payment penalties.
- Pre-Agreement Statement: Before a loan is finalised, the Company willprovide a communication outlining the total cost of credit.
3. ELIGIBILITY & AFFORDABILITY ASSESSMENT
By submitting an application, the Applicant acknowledges that:
- They are 18 years or older and are permanent residents of South Africa.
- They are permanently employed with a minimum net income of R6,000.00.
- The Company is legally obligated to conduct a Credit and Affordability Assessment. The Company reserves the right to decline any application that may lead to “Reckless Lending” as defined by the NCA.
- Individuals currently under Debt Review or those who are blacklisted do notqualify for credit.
4. DEBIT ORDER AUTHORIZATION & REPAYMENT
- Repayment is due in full on the Applicant’s next payday.
- By accepting the loan, the Applicant provides a Continuous Payment Authority, authorising the Company to deduct the total repayment amount viadebit order from the nominated bank account.
- Should a debit order fail, the Company reserves the right to re-present theinstruction to the bank to ensure settlement of the debt.
5. DEFAULT, LATE PAYMENTS & COLLECTIONS
- Late Payment Fee: A penalty of 15% will be applied to the total outstandingbalance if payment is not received by the due date.
- Collection Costs: Should the account be handed over for collection, the applicant will be liable for all legal costs on an attorney-and-client scale, including collection commissions and tracing fees.
- Credit Bureau Reporting: In the event of default, the Company is entitled to report the Applicant’s payment behaviour and default status to registered Credit Bureaus, which may impact the Applicant’s future credit score.
6. POPIA & DATA PRIVACY
In compliance with the Protection of Personal Information Act (POPIA):
- Consent: The Applicant explicitly consents to the Company collecting and processing personal documents (ID, bank statements, payslips) for the solepurpose of credit assessment and loan management.
- Verification: The Applicant authorises the Company to contact their employer to verify employment status and to contact Credit Bureaus to obtain a credit report.
- Security: The Company implements strict security measures to protect datatransmitted via WhatsApp or stored on internal systems.
- Personal information will not be shared with third parties except whererequired for legal, regulatory, or credit assessment purposes.
7. ELECTRONIC COMMUNICATION (WHATSAPP)
- The parties agree that all communication via WhatsApp, including the submission of documents and digital signatures/confirmations, shall be deemed as “writing” and carry full legal weight under the Electronic Communications and Transactions Act (ECTA).
8. LIMITATION OF LIABILITY
- The Company shall not be held liable for any delays in funds reaching the Applicant’s account due to third-party banking system failures or incorrectbanking details provided by the Applicant.
- The Company is not liable for any losses arising from the unauthorized use of the Applicant’s WhatsApp account or bank account.
9. DOMICILIUM CITANDI ET EXECUTANDI
The Applicant chooses their physical address (provided during application) as their domicilium citandi et executandi —the address at which all legal notices and processes in relation to the loan agreement may be validly delivered and served.
10. DISPUTE RESOLUTION
Should a dispute arise, the Applicant has the right to:
1. Contact the Company directly for internal resolution.
2. Refer the matter to the National Credit Regulator (NCR) at 0860 627 627.
3. Apply to the National Consumer Tribunal if the matter remains unresolved.
11. RESPONSIBLE BORROWING
M & J Kasi Loans promotes responsible borrowing. Our loans are intended forshort-term financial relief and not as a long-term financial solution. Applicants are encouraged to carefully assess their financial position and borrow only what they can reasonably afford to repay on the agreed due date.