Introduction

  1. This website can be accessed at www.credit-rescue.co.za, related mobile-sites and software applications (the "Website") and is owned and operated by Credit Rescue CC ("Credit Rescue", "we", "us" and "our").
  2. These Website Terms and Conditions ("Terms and Conditions") govern the ordering and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website ("you", "your" or "user"), including without limitation each user who registers as contemplated below ("registered user"). By using the Website and by clicking on the "Register Now" button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA").
  2. Your attention is drawn to these Terms and Conditions because they are important and should be carefully read and noted.
  3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Credit Rescue to explain it to you before you accept the Terms and Conditions.
  4. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Credit Rescue in terms of the CPA.
  5. Credit Rescue permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Definitions


In these rules, unless inconsistent with the context, or unless otherwise provided for

  1. The singular includes the plural and vice versa;
  2. All words and expressions denoting the masculine include the feminine;
  3. "Member" means an individual who takes part in the scheme and Whose Membership has not been suspended or terminated;
  4. "Contribution" means the amount of money paid to the administrator by a member monthly (or any other interval as specified in the "Application");
  5. "Application" means the document names "application for membership" which constitute a service agreement between the member, and the administrator of the scheme;
  6. "Family" means the spouse of a member and all-natural children under the age of eighteen (18);
  7. "Intellectual Property Owner and Promoter of the scheme" means Credit Rescue,64 Main Road, 2nd Floor, Old Absa Building, Wynberg, 7800;
  8. "Administrator" means Credit Rescue, 64 Main Road, 2nd Floor, Old Absa Building, Wynberg, 7800;
  9. "Scheme" means Credit Rescue: Your Assistance Plan;
  10. "Scheme Rules" means the rules contained in this agreement.

Objectives

The purpose of these schemes is to render affordable Family and Medical assistance to a family member.

Memberships

Any person over the age of eighteen (18) years is eligible for membership.

(A). LifeStyle Products


Family Care Plan - Option 1

  • Digital Discounted Vouchers
  • Emergency Medical Assist
  • Legal Services
  • Funeral & Accidental Cover - R5000.00

Family Care Plan - Option 2

  • Digital Discounted Vouchers
  • Emergency Medical Assist
  • Legal Services
  • Funeral & Accidental Cover - R10 000.00

Medical Assist Plan (M.A.P)

  • Doctor Benefits
  • Pharmacy Benefits
  • Trauma Counselling
  • Emergency Medical Services
  • Panic Alert
  • Medical Database

(B). DEBT MEDIATION PROGRAM


  1. Your first payment is retained by Credit Rescue to cover its cost in negotiating and restructuring your debt, under voluntary distribution. This cost is also inclusive of Administration, management and marketing fees which are non-refundable
  2. You may dispute this within 7 working days of signing up for this agreement, should you feel that you were not explained & you feel uncomfortable
  3. Your second payment will be distributed to your listed creditors listed on our application, by Gribbon Trading a division of Debt Wise, a government accredited payment distribution agency. (D.A)
  4. PLEASE NOTE that should you have debit orders on your bank account it is your responsibility to have them stopped and to inform the bank regarding the program you are about to enter. It is recommended to open up another bank account to receive your salary to avoid double deductions should you not be able to stop your debit/stop orders
  5. Please notify your employers of your new banking details for future salary deposits
  6. Confirm that the information provided by you and contained in the recorded application form is, to the best of your knowledge, true and correct
  7. Your payment method has been explained to you via telecom with our Agents
  8. Should your creditors or their legal representatives contact or harass you, please send them a copy of this letter or refer them to our legal restructuring department or obtain their contact details so that our office could contact them on your behalf.
  9. Please note that this is an informal restructuring program and you might already be listed by the Credit Bureau. Accruing interest can still be charged by the Credit Provider.
  10. Please feel free to contact us if you need any further assistance.
  11. IT MUST BE NOTED THAT DURING THE FIRST 30-90 DAYS YOUR CREDITORS MAY STILL CONTACT YOU \96 REFER TO POINT (h) ABOVE TO RESOLVE THE PROBLEM

(C). DEBT REVIEW PROGRAM


  1. Your first payment is retained by Credit Rescue to cover its cost in negotiating and restructuring your debt. This cost is also inclusive of Administration, management and marketing fees which are non-refundable.
  2. You may dispute this within 7 working days of signing up for this agreement, should you feel that you were not explained & you feel uncomfortable
  3. You have applied for Debt Review and its procedure and costs have been explained to you. You have also committed to the following:
  4. Undertake to comply with all requests from the debt counsellor, to assist in the evaluation of your state of indebtedness and the prospects for reasonable debt restructuring;
  5. Consented to the submission of your information to all registered credit bureaus by the debt counsellor;
  6. Consented to the debt counsellor obtaining your credit record from any/all credit bureaus and any other registers which may contain any of my credit information;
  7. Undertake not to enter into any further credit agreements, other than a consolidated agreement, with any credit provider until one of the following events occurred:
    • The debt counsellor formally rejects your application;
    • The court determines that you are not over-indebted; or
    • All your obligations under the credit agreements as re-arranged are fulfilled.
  8. The debt counsellor has disclosed the debt counselling fee structure and you are aware that the first instalment will be paid to the debt counsellor as his/her counselling fee.

(D). RESCISSIONS PROGRAM (FLAG REMOVAL/JUDGEMENT REMOVAL/ADMIN ORDERS REMOVAL)


  1. This is a once-off fee of R4500.00 which is retained for negotiating and restructuring your flagging status, under Debt Review, Administration or Judgments.
  2. This cost is also inclusive of Administration, management and Legal fees which is non-refundable.
  3. You may dispute this within 7 working days of signing up for this agreement, should you feel that you were not explained & you feel uncomfortable
  4. Our Reversal Programs has to review and assess a consumer and prove to the court that the client's financial status has improved.
  5. Credit Rescue, therefore, appoints an Attorney to assist the consumer in debt management duties, Act on behalf of the consumer and make enquiries to obtain their personal information at any / every Credit Bureau and/or financial institution to ascertain your credit status and counsel you in regards to debt relief, to take Legal steps they deem necessary to enhance clients' financial situation, Obtaining a rescission/court order.
  6. Should your application be unsuccessful at court it must be noted that this is a non-refundable policy as court outcomes cannot be controlled. Litigation can never be a sure thing as there are too many variables however it could be said that as long as there is a provision in law all is possible

Security


  1. For security purposes, you agree to enter the correct information and details when using our contact and applications forms.
  2. You agree that, once the correct details and information has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for such orders.
  3. You agree to notify Credit Rescue immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of personal details and information and to take steps to mitigate any resultant loss or harm.
  4. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions.
  5. to our divisions, affiliates and/or partners, franchises (including their employees and/or third-party service providers) for them to interact directly with you via email or the website (www.credit-rescue.co.za) or any other method for purposes of sending you marketing material or company information regarding any current or new goods or services, new features or promotional offers offered by them (unless you have opted out from receiving marketing material from us), alternatively, not using the details and information at hand.
  6. By using the Website (www.credit-rescue.co.za) you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
  7. You may not use the Website to distribute defamatory material, offensive, contains or amounts to hate speech or is otherwise unlawful.
  8. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Credit Rescue representative.
  9. You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Credit Rescue representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

Errors


We shall take all reasonable efforts to accurately reflect the description, purchase price of the product on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, in the case of any incorrect purchase price of a product\96 to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy and Refund policy.

Changes to These Terms and Conditions


  1. Credit Rescue may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not apply online, or in any other way use, the Website.
  2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Ownership and Copyright


  1. The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website ("Website Content") are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Credit Rescue.
  2. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our info email: info@credit-rescue.co.za or call us on 021 762 0039

Disclaimer


  1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
  2. Whilst Credit Rescue takes reasonable measures to ensure that the content of the Website is accurate and complete, Credit Rescue makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Credit Rescues representatives, Credit Rescue shall not be bound thereby.
  3. Any views or statements made or expressed on the Website are not necessarily the views of Credit Rescue, its directors, employees and/or agents.
  4. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Credit Rescue also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Credit Rescue, its employees, agents or authorised representatives. Credit Rescue thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Restrictions


  1. Credit Rescue will pay the full expenses for two (2) cases per year, split as:
    • One (1) criminal case (A Formal bail application constitutes a criminal case)
    • Civil-Divorce / Maintenance / Debt Collection;
  2. Any action initiated by a member must be approved in writing by the administrator of his duly authorised representative. The administrator or his representative must be allowed to investigate the claim, and attempt to settle the matter out of court, or to assist the member in the issue of summons in the Small Claim Court;
  3. Only Members who are paid up to date with their monthly contributions are eligible for any Benefit under this scheme. When one monthly contribution is in arrears, the membership Will be suspended and the member will be advised accordingly;
  4. The member must advise the administrator in writing or telephonically Within thirty (30) days;
  5. The administrator will not cover any cost relating to the sale/ transfer of Property etc;
  6. The administrator will not cover the cost of an Advocate in the District, Regional or High Court;
  7. The administrator will not cover any costs toward the rescinding of Judgements of a member;
  8. The administrator will not represent a member for traffic offences.

Exclusions


  1. Notwithstanding any other provision in the scheme rules, the provision of Clause 6 will apply;
  2. Expenses incurred by a member in connection with a case where admission of guilt fine is payable is not covered by the schemes;
  3. Should the administrator or his duly authorised representative, after the facts of action and the member still proceed with the action, any legal expenses incurred in pursuing such action will not be covered by the scheme;
  4. The scheme is only applicable to legal expenses, hence no fine, no expert witnesses judgement debt, damage or otherwise payable by a member in terms of a judgement against a member will be covered by the scheme;
  5. No expenses towards an action where the cause of action took place until the third month of membership will be covered by the scheme;
  6. No expenses towards an action where the action started or the cause of action took place during a period when the membership of a member was suspended will be covered by the scheme;
  7. In the case of legal action between members of one family, as defined in the DEFINITIONS above, only the member who signed the APPLICATION FOR MEMBERSHIP will be entitled to the benefits and services set out in this scheme rules;
  8. Cases, where the member's rights are based on or related to business or commercial activities of the member, are excluded;
  9. Cases, where the member's rights are based on cession, surely ship, assignment, novation, delegation or any derivative right of recourse, are Excluded;
  10. A waiting period of twelve (12) months from the date of enrolment will be applicable on divorce action and maintenance suits, propriety disputes, enforcement of divorce settlement agreements, right of access to children, litigation between ex-spouses related to any of the above and similar matters;
  11. Cases, where there is in the opinion of the "administrator" vexation or malice on the part of the member, are excluded;
  12. Civil matters based on, or trained with illegality are excluded;
  13. Cases, where the member does not have a proprietary interest or a reasonable prospect of success, are excluded, e.g. Rape/Murder etc.
  14. Any claim which is false or fraudulent are excluded;
  15. The member shall take all reasonable steps to ensure that any damage or potential damage caused by a violation or infringement of his rights are mitigated.

Contributions


  1. The contribution as specified on the: "APPLICATION FOR MEMBERSHIP" must be paid regularly at the beginning of each month or such other time that is agreed upon from time to time;
  2. Proof of membership will be issued to each member after the first Contribution has been received;
  3. The administrator reserves the right to reassess the contribution with cognizance of the income and expenses of the scheme;
  4. No previous contributions will be refunded upon termination of agreement regardless of the reason for such termination;

Suspension Of Membership


  1. Non-payment of more than one (1) contribution will lead to the immediate suspension of membership. To reinstate membership, resume regular Payment for at least three (3) months before he/ she will be entitled to the benefits in terms of the scheme rules;
  2. All members will not be notified in writing of any increase in monthly contribution, as premiums will increase in a minimum 12 months period from the date of the first contribution;
  3. It shall be the duty of the MEMBER to pay his contribution to the administrator whether or not an arrangement has been made for the administrator to send a representative to the MEMBER to collect the contributions;
  4. CONTRIBUTIONS SHOULD NOT BE PAID TO ANY REPRESENTATIVE as the administrator will not be held liable for any fraudulent acts and the results thereof;
  5. The Administrator has the right to terminate the membership of a client at any time.

Legal Advice


  1. 30 Day waiting period;
  2. 24/7 Telephonic advice, when calling, the legal advisor will try and resolve the issue or may advise that due to the complexity of the matter, study the case and revert to you or you or provide you with standard documentation and contracts as required;
  3. Drafting of basic Contract namely, Domestic Worker Contracts, Basic Sale Contracts;
  4. A half-hour consultation, should the need arise for an attorney to deal with the matter;
  5. Reduces attorney fees for the member in the event of litigation;
  6. Payment of Bail to a maximum of R3000.00 which excludes criminal matters.

Variations


The administrator reserved the right to amend these scheme rules without prior notice to the members.

Guarantee


Credit Rescue guarantees to render to the Member/ Client the aforementioned services as clause 4 of this agreement and any additional services applicable, if the Member/ Client complies with all terms, conditions and regulations stipulated.

Transaction Currency


The transaction Currency is the currency in which a transaction is carried out and recorded; Therefore, the transaction currency is only accepted in ZAR (Rands), it's country of domicile; Transaction Currency, this website is governed and regulated by South African Country Law,


Refunds


We do not have a Refunds policy as the services received cannot be returned as they are services based products i.e. Medical Services and Funeral Benefits etc.;


Returns


We do not have a return policy as the Products and Services received cannot be returned as they are not physical products that have been issued;

Cancellation


As the policyholder, you have 30 calendar days from the commencement date of the policy, to cancel. Failure to pay for 3 consecutive months will result in the lapse and cancellation of your policy. To cancel your policy, cancellations must be submitted in writing.