DiscoveryCard and card facility terms and conditions of use combined (Usury Act & National Credit Act)

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1 DiscoveryCard

2 DiscoveryCard and card facility terms and conditions of use combined (Usury Act & National Credit Act) These terms and conditions form part of the agreement which governs the use of the credit card and credit card facility and further regulate the relationship between the Bank and the cardholder. The use of the credit card and/or credit card facility will be deemed as your acceptance of all the terms and conditions governing the agreement. Whereas- This document sets out the terms and conditions of the credit card programme, your rights and obligations as a cardholder and the rights and obligations of FirstRand Bank ( FRB ) and Discovery Vitality. Discovery Vitality Pty (Ltd) is the administrator of the Vitality programme and an authorised financial services provider. FirstRand Bank is the issuer, financier and administrator of the DiscoveryCard. Sections of this document Section A: DiscoveryCard conditions of use Section B: Account charges and fees Section C: Value-added services Section A: DiscoveryCard conditions of use 1 Issue of the card 1.1 The issue of the credit card and grant of the credit card facility are subject to the terms and conditions of our credit card and credit card facility as published and amended by us from time to time. 1.2 The credit card remains our property and you must return it to us immediately on our request. 1.3 The credit card is a Visa-branded card, issued by us under licence from Visa. 1.4 Your credit card facility is hosted in Johannesburg and all transactions are processed in Johannesburg. 2 Acceptance of these terms and conditions 2.1 By using the credit card facility, your action will be deemed as your acceptance of all the terms and conditions governing the agreement. 2.2 Should you have entered into this agreement electronically, telephonically or in writing such mechanisms utilised to enter into this agreement shall be valid, binding and undisputed. 2.3 By using the credit card facility, you consent to us accessing any information recorded with any credit bureaux. Any information relating to the noncompliance with the terms and conditions of your credit facility, the application, opening and termination of your credit facility will be disclosed to and used by any of our other divisions and credit bureaux. All credit bureaux provide a credit profile on persons as well as possibly a credit score on the credit worthiness of persons. 2.4 These terms and conditions are applicable to all cardholders save where the headings indicate otherwise. In the latter instance the specific terms and conditions will apply over and above the terms and conditions common to both NCA and Usury Act customers. 3 Use of the credit card and credit card facility 3.1 General obligations when you use the card The credit card issued in your name is intended for your use only As soon as you receive the credit card, you must sign the back of it in ink Should a magnetic stripe credit card be issued to you, you will be given a PIN, which you may change at your discretion by using the services on the website Should you be issued with a chip & PIN credit card, you will be given a PIN, which you may change at your discretion by using the services on the website Note: once the PIN has been changed on the website, you must synchronise the PIN to the chip on the card by enabling the PIN at any FNB ATM When a credit card has been re-issued to you, the PIN you used for your previous credit card will still be valid Should your re-issued credit card be a magnetic stripe credit card, you may change this PIN by using the services on the website Should your re-issued credit card be a chip & PIN credit card, you may change this PIN by using the services on the website Note: once the PIN has been changed on the website, you must synchronise the PIN to the chip on the card by enabling the PIN at any FNB ATM You must keep the credit card safe and the PIN secret and separate from the credit card The credit card, credit card details and PIN will enable you to perform transactions at merchants, operate the credit card at ATM s and perform transactions via our access channels.

3 You must only use the credit card in the period stated on the front of the credit card, unless it is cancelled before the expiry date in terms of clause 15 below. After this period the credit card will be invalid You must not use the credit card for any illegal transactions. It is your responsibility to determine that a transaction is lawful before you use the credit card Your credit card facility must not be used to participate in online gambling activities or to purchase online foreign lottery tickets When a credit card is used to buy goods or services from a merchant, you must sign a transaction voucher and/or apply your PIN, as required by the merchant You must sign a cash withdrawal voucher when using the credit card to draw cash other than from an ATM If the transaction takes place by mail order, telephone order or other access channels you will be asked for certain credit card related information before you may use these channels to transact. 3.2 Credit card You may make purchases on the credit card at merchants who accept Visa or Visa Electron branded credit cards (as applicable depending on your card type) and we will subsequently debit your account. You are liable to repay us for all monies debited to your credit card facility You may, at the discretion of the merchants, use the credit card for fuel and fuel-related purchases The Visa Electron credit card is for electronic use only which means that it can be used at an electronic point of sale device or at an ATM If you use the credit card outside the Common Monetary Area, you must comply with applicable Exchange Control Regulations. (For further information on Exchange Control Regulations you may phone DiscoveryCard on ) You warrant to FNB that the granting of and the use of the credit card facility will not in any way be a contravention of the Exchange Control Regulations or any similar regulations promulgated from time to time and that you will comply with all relevant Exchange Control requirements. In addition, you are reminded that Exchange Control Regulations currently stipulate that Cardholders in whose name, one or more bank credit and/or debit have been issued, may be permitted to make permissible foreign exchange payments for small transactions, eg imports over the internet, by means of such credit/debit card. Online payments are limited to R per transaction. It should be brought to the attention of cardholders that any special dispensation does not absolve them from ad valorem excise and custom duties or from complying with the requirements imposed by Customs We are obliged to report transactions that occur outside the Common Monetary Area to the South African Reserve Bank, the South African Revenue Service and/ or the Financial Intelligence Centre Any transaction or payment in a currency other than South African Rand ( Rand ) will be converted to Rand at Visa s prevailing rate of exchange on the date of posting the transaction to your account. The transaction will appear on your account statement in Rand Beware that merchants may not process the transaction on the date of transaction. This can result in exchange rate differences, which you will be liable for Should a merchant manually override the processing of a transaction, you will be liable for that transaction Use of the credit card and credit card facility to access and transact over our other delivery channels like electronic banking is subject to the terms and conditions of such other channels. 3.3 DiscoveryMotor Card You may use the DiscoveryMotor Card at selected merchants to buy fuel and fuel-related products (including petrol, diesel, oil, additives and lubricants) and motor vehicle spares, parts and accessories You may also use the DiscoveryMotor Card to pay for motor vehicle repairs, vehicle maintenance services and toll fees You may only use the DiscoveryMotor Card in the Common Monetary Area You may link the DiscoveryMotor Card to your DiscoveryCard account. 3.4 General information We will not be liable if a merchant refuses to accept or honour the credit card It is our decision to authorise a transaction. We will not be liable if we do not authorise a transaction. 4 Unauthorised use of the card 4.1 You must take all reasonable steps to prevent any unauthorised use of the credit card and/or credit card facility and/or PIN details. 4.2 In the event of your credit card being stolen, lost or retained by the ATM and where your credit card details or you PIN have been compromised, you must notify DiscoveryCard immediately by contacting the Lost Card number ( ). 4.3 Provided you were not negligent in safeguarding the credit card or in reporting the credit card lost or stolen, you will not be liable for unauthorised and fraudulent transactions that occur on the credit card as a result of the loss or theft, except for PIN-based transactions. 4.4 Lost Card Protection ( LCP ) is included in the credit card fee. Refer to our full current pricing guide. 4.5 LCP will protect you against unauthorised and fraudulent use of the credit card. This excludes PINbased transactions and if the card is lost or stolen. 4.6 If you are negligent in reporting the credit card lost or stolen or in safeguarding the credit card or card details, you will not be covered for LCP and will be responsible for all unauthorised and fraudulent use of the card.

4 4.7 Any delay in reporting the credit card lost or stolen will be regarded as negligence and you will have to prove to us that you were not negligent. 4.8 Any unauthorised transaction made by using the credit card and PIN, or solely with the PIN or non-swiping card transactions, will not be covered by us and will be your sole responsibility You indemnify the bank and accept full liability for all specific and related losses as a result of any fraudulent acitivity in the event that you refuse or decline a request by us to have a card cancelled and reissued for whatever reason at FRB s sole discretion. 5 System malfunctions 5.1 We are not liable for any direct or indirect loss suffered by you arising from any malfunction, failure or delay in any ATM, electronic point of sale device, access channel or shared networks. 6 Authority to debit your account 6.1 Each time you use the credit card facility or the credit card details to make a purchase or cash withdrawal; we will debit your account with the amount of the purchase or cash withdrawal and transfer(s). 6.2 You must repay us for all payments that we have made or will make to a merchant for any purchase or cash withdrawal. 6.3 All payments we have made to a merchant for any transaction are final and irreversible, unless a reversal is allowed by the Visa rules and regulations as published by Visa from time to time. 6.4 A dispute between you and any merchant will not affect our right to debit your account and receive payment. 6.5 All debits are processed in Johannesburg. 7 Your credit limit 7.1 We may refuse to authorise purchases and cash withdrawals if you have exceeded your credit limit. 7.2 If we accept a transaction that results in you exceeding your credit limit, it does not mean that we have extended or increased your credit limit on any permanent basis and you are obliged to immediately bring your account in line with the credit limit we contracted at. 7.3 We decide the credit limit on the account and you must ensure that you and any additional cardholders do not exceed this limit. 7.4 You are responsible for managing the credit limit on your account. 7.5 You may apply for an increase or contact us to decrease your credit limit. We may contact you from time to time regarding an annual increase if you have not consented to an automatic annual increase. 7.6 All limit increases are subject to an affordability assessment. 7.7 We may, at our discretion and at any time, reduce the credit limit on your account. We will notify you at least 5 (five) business days before we reduce your liability in terms of this agreement. However, in certain circumstances, we will reduce your liability and provide notice of the reduction simultaneously. 7.8 You may apply to shift your limit between your straight and budget facility, however you will not be allowed to shift more that 80% of your total credit limit to your budget facility. 7.9 If you exceed your credit limit we may charge you a Temporary Credit Service Fee. 8 Interest 8.1 Interest-free period If your account has no interest-free period, you will be charged interest on purchases, fuel and cash transactions from the date of transaction If you pay the total amount payable, which is the full outstanding amount you owe us, as reflected on your statement on or before the due date shown on your monthly account statement, no interest will be charged on your account, except for those transactions in clause 8.2 where interest would have been charged from date of transaction If you do not pay the full outstanding amount on or before the due date shown on your monthly account statement, you will be charged interest, from the date of each transaction on your account, on both the statement balance and on any new purchases made on the card (in other words, you will lose the interest-free period on these new purchases) This means that if you do not pay the full outstanding amount by the due date shown on your statement, the interest-free period will be suspended and interest will continue to be charged from the date of each transaction on your account, until you have settled the full outstanding amount you owe us Once settled in full, we may, at our discretion, decide to restore the balance of the interest-free period that is the period from date of full settlement until the due date for payment reflected on your next monthly account statement Interest is calculated on all fees and charges from date of debit. If you do not pay your fees and charges within the interest free period it will attract interest immediately. 8.2 Transactions that will always attract interest immediately: Interest will be charged immediately from the transaction date for the following transactions, unless there is a sufficient credit balance in your account to settle the transaction amount: Cash withdrawals with the credit card; Travellers cheque purchases with the credit card and certain forex transaction;

5 Electronic funds transfers which result in a debit balance on your account; All budget facility transactions and balance transfers; Fuel or fuel-related transactions on the DiscoveryMotor Card; Transfers from Health Wallet to the straight facility; and Any transaction whereby the credit card is not swiped at a point of sale device and considered to be a cash transaction. 8.3 Credit interest on your account You may earn interest on any credit balance on your account Credit interest will be calculated daily over the full statement period and will be credited to your account monthly Credit interest rates may be tiered in which case the tiered rates will be shown on your monthly account statement. 8.4 Debit interest calculation Debit interest will be calculated daily, and capitalised and charged to your account monthly. 8.5 Debit interest applicable to NCA cardholder Debit interest will be calculated, capitalised and charged monthly at the rate as set out in your quotation and will not exceed the maximum permissible finance charge rate allowed under the National Credit Act. 8.6 Debit interest applicable to Usury Act cardholder Debit interest will be calculated at the rate decided by us from time to time as shown on your monthly account statement, but will not exceed the maximum permissible annual finance charge rate allowed under the Usury Act Debit interest will be calculated, and capitalised and charged at the maximum permissible annual finance charge rate allowed under the Usury Act after this agreement ends and/or your right to use the credit card ends and/or your credit facility ends When a Usury Act Customers account goes legal, the Customers interest rate will be increased to the maximum interest rate allowed in terms of the National Credit Act Should a Usury Act customer opt to re-contract with us, clause shall apply unless otherwise agreed. 9 Budget facility 9.1 On your request, we may, at our discretion, make the budget facility available to you. 9.2 This budget facility entitles you to pay for transactions over an extended period as stipulated by you according to our guidelines. 9.3 Your first budget instalment on a purchase made using your budget facility will only be deducted from your straight facility on the second billing date after the date of your purchase. You can make additional payments into your budget facility at any stage during the budget period. 9.4 Fluctuations in interest rate may cause the period of payment to be extended or reduced. 9.5 If you choose to make use of the budget facility, the total amount outstanding, the monthly repayment, the current interest rate and other charges will be shown on your monthly account statement. 9.6 If you fail to pay any one instalment by the due date, the whole amount may become immediately due and payable. 9.7 You may make additional payments to your budget account without penalty. 9.8 Your monthly budget instalment is debited from your straight facility and not your budget facility. 9.9 You must expressly instruct us if payments made into your straight facility are intended to be allocated to the budget facility. 10 Balance transfer option 10.1 We may offer you a facility to transfer other debt you may have onto your budget account We will determine and tell you the amount to be transferred ( the transfer amount ), the minimum repayment period and the applicable interest rate, which will apply to the transfer amount when the transfer facility is offered to you We may, at our discretion, offer you a special interest rate for an agreed period which will apply only to the transfer amount for the agreed period, provided you make all repayments by the due date shown on your statement. If you settle the transfer amount before completion of the agreed period, the preferential interest rate would no longer be applicable The amount transferred to your account will show on your monthly account statement The transfer amount will be paid into your nominated straight account or DiscoveryCard account. It will be your responsibility to use the transfer amount to pay any other debts you may have You will be responsible for closing the account to which the amount is transferred, if you wish to do so. The transfer amount will be deducted from your available credit on your budget account We do not guarantee the time period within which the transfer will be made and we will not be responsible for any finance charges you may incur on any of your accounts prior to the transfer of the amount to your budget account Your monthly balance transfer instalment is debited from your straight facility.

6 10.9 In addition to this clause, we have specific terms and conditions that regulate balance transfer campaigns, which you will be notified of. 11 Product base rate 11.1 Product base rate is the rate that Your Interest Rate is derived from, which is linked to the Repo rate and/ or the economic cycle change which may fluctuate. The Product base rate can be changed at any time at our discretion. You will be notified of the changes in accordance with clause Additional cards 12.1 Additional cards linked to your account may be issued to other people you have chosen to be given a card. These people are referred to as additional cardholders The issue of additional cards will not change the credit limit on your account It is your responsibility to ensure that any additional cardholders comply with the terms of this agreement You must ensure that you and any additional cardholders do not exceed this limit Transactions made by additional cardholders using the additional card, and interest, fees and charges relating to the additional card, will be debited to your account You will be liable for all amounts owed on the additional card. This means that we will recover from you the full amount owed to us on the additional card You may only end the additional cardholder s right to use the card if you tell us in writing that you wish to do so and you ensure that the additional card is destroyed. When destroying the additional card, you must cut through the magnetic stripe and card number so that the card cannot be used again. Should you fail to destroy the credit card you will be liable for any transactions on your account after the notification of termination of this additional credit card. 13 Statements, payments, deposits 13.1 Account statements We will send you a monthly account statement Your monthly account statement will show your transactions for the month, advise you of any repayments you have made, all amounts charged to your account since your previous monthly account statement, the total amount payable, which is the full outstanding amount which you owe us, the minimum monthly amount payable and due to us, and the due date by which you must pay this amount The full and outstanding amount is due and payable monthly, but you may defer payment by paying the minimum monthly amount that is stipulated in the monthly statement Should you have a dispute in respect of the monthly account statement, you must advise us in writing within thirty (30) days of the statement date thereof. Unless you let us know in writing that there is an error on the monthly account statement, the statement sent to you will be final and binding Should you not receive your monthly account statement,you must bring this to the attention of Discovery, failing which we will regard it as being received Interest will accrue in the normal course on the transaction amount unless it is established that it was correctly disputed When this agreement ends, you will no longer receive your monthly account statement A certificate signed by any authorised employee of the credit grantor (whose appointment or authority it shall not be necessary to prove) shall constitute prima facie evidence of the outstanding balance owing and/ or due and payable by you to the credit grantor and/ or the rate of interest payable by you and/or any other amount owing and/or due and payable by you to the credit grantor in terms hereof and/or any other matter arising from or related to your credit card facility Payments and deposits You can pay the full outstanding amount on or before the due date shown on the monthly account statement. Alternatively, you may pay the outstanding amount over an extended period, but you must pay at least the minimum monthly instalment by the due date shown on the monthly account statement You must expressly instruct us if payments made into your straight facility are intended to be allocated to the budget facility Your payment may not reach us on the same day as you make it, due to possible delays and the time it takes to be processed. We consider your payment to have gone through only once we receive the payment at Discovery s offices in Johannesburg and the funds are reflecting as a credit on your credit card facility, as evidenced by our systems. Please allow for this when making your payment If a payment is sent to us by post, we will only credit your account when we receive the payment at Discovery s offices in Johannesburg. The risk of the postal payment being intercepted lost or stolen while in transit to us remains your risk until the payment is received at Discovery s offices in Johannesburg If a cheque is deposited into your account, the proceeds of the cheque will only be available as cash when the drawer s bank has honoured the cheque irrespective of the cheque clearance period. If the cheque proceeds are made available on your account prior to the cheque being honoured, we are entitled to debit your account with the amount of the cheque proceeds and any associated interest if the cheque is subsequently dishonoured by the drawer s bank for whatever reason You may cancel or settle your credit facility at any time, by paying the amount you owe thereunder, with or without giving advance notice to us. You are obliged to ensure payment of (a) the unpaid balance of your credit facility s credit limit; (b) the unpaid interest charges; and (c) all other fees and charges that may be due.

7 All payments we receive will be credited as applicable, first to interest, then to expenses incurred by us in collecting any amount you owe us, then to charges and fees, and lastly to the transaction amount Should your account be in arrears for 30 (thirty) days or more, you are not allowed to transact on your credit card facility You must always use your account number as a reference when making a payment into your credit card facility. Your payment will be considered to be received as per clause Auto Payment In terms of the Auto Payment authorisation, you have the option of paying your account as indicated on your monthly account statement between the statement date and your payment due date as per the following options: Minimum monthly payment amount due (as indicated on your statement); Full amount due; Specified Amount. Please note that the specified amount cannot be below the minimum monthly payment. Should your specified amount be less than the minimum monthly payment reflected on your statement, the minimum amount as reflected on your statement will be deducted. Percentage of the Full amount due (between 5% and 100% of the straight balance); Actual balance settlement (which allows you to settle your full monthly straight balance on the Auto Payment date as selected by you, within the current billing cycle, which will include all debits and credits after the statement date up until the selected Auto Payment date); and Full statement balance (which allows you to settle your full statement balance and this balance is not affected by any debits and credits processed between the statement date and your selected Auto Payment date) Your Auto Payment authorisation can be obtained electronically, telephonically or in writing signed by you We prefer the date of Auto Payment to be your salary date In terms of the Auto Payment, we will deduct, monthly, on the payment due date or your selected Auto Payment date, from the account provided by you, the amount as per the option selected by you, in respect of the amounts due on your credit card account Should your Auto Payment be returned unpaid, we will make further attempts to debit your account thereafter to ensure a successful payment, which costs you will be liable for In the event of your Auto Payment being returned unpaid, the bank has the discretion to change your statement date thereby changing your payment due date and selected Auto Payment date to coincide with your salary date or any other date we deem suitable to collect via the Auto Payment. You will be notified of these changes as per clause Should your Auto Payment be returned unpaid in the consecutive month, your Auto Payment will be suspended and we will proceed with our collections process You confirm that the banking details that appear on your Auto Payment authorisation are correct Missed Auto Payments will not result in the cancellation of the Auto Payment You authorise us to verify the banking details as provided by you for the purposes of effecting the Auto Payment You confirm that the account provided for this purpose is compliant with the Financial Intelligence Centre Act ( FICA ) Should a required payment be received (direct deposit or electronic transfer) before the Auto Payment is scheduled to run, the Auto Payment will not be processed for that month If the bank account from which your Auto Payment is processed is closed by you at any time and your Auto Payment is returned unpaid, then we will be entitled to suspend and/or cancel your credit card facility unless alternate Auto Payment arrangements have been made for the payment of your credit card facility Once you have authorised the bank to process an Auto Payment, you may not cancel the Auto Payment. 14 Amendments to these terms and conditions 14.1 We may, at our discretion and at any time, amend these terms and conditions You will be given notice of the amendments as statement messages in your monthly account statement If you are dissatisfied with the amendments, you have the right to end this agreement before the effective date of the amendments, in which case the provisions of clause 15 shall apply. Unless you terminate this agreement before the effective date of the amendments, you will be bound by them The use of your credit card and/or credit card facility after the effective date of the amendment would be regarded as your acceptance of the amended terms and conditions. 15 Ending this agreement 15.1 You may, at any time, end this agreement by advising us in writing Apart from other valid reasons to end your agreement, where there is fraud or we suspect there may be fraud on your account or if we are compelled to do so by law we will suspend your account without notice.

8 15.3 We will suspend your account without notice if you do not pay us any amount due on time or at all, if you breach any term of this agreement, or if your estate is provisionally or finally sequestrated or placed under administration We may, at our discretion, end this agreement and/or your right to use the credit card and/or credit card facility and we will inform you of the reason. We reserve the right to end this agreement if you do not pay us any amount due on time or at all, if you breach any terms of this agreement, or if your estate is provisionally or finally sequestrated or placed under administration and debt counselling When this agreement and/or your credit facility and/or your right to use the credit card facility ends, the full amount you owe us will immediately become due and payable. You must then pay us the full amount owing on your account and destroy the card. When destroying the card, you must cut through the magnetic stripe and card number so the card cannot be used again Should you fail to destroy the card in terms of clause 15.5, you will be liable for any transactions on your account after the notification of termination of this agreement Even if this agreement ends, we will be entitled to rely on the rights acquired under this agreement before it ended. 16 Where and how we may contact each other 16.1 We may send you necessary account information by post, fax, , SMS or other similar technology You must supply us with your correct and postal addresses. We will not be responsible if your statement and other related information are sent to the wrong postal or address If you do not wish to receive your statement via , you must inform us of this and we will exclude you from the statement service Legal notices and summonses will be served at the physical address you provided us at the time of application or to such new address you have notified us of in terms of clause 16.6; your last known street address, which address you choose as your domicilium You should send any formal legal notices or summonses to us at the following address which we choose as our domicilium: DiscoveryCard Legal, 1 First Place, BankCity, Johannesburg, If any of your addresses change, you must notify us immediately of such change in writing, either by or fax. You must give us proof of your new address which will be your domicilium address. Your domicilium address must be your physical address Any correspondence we send by post to you will be considered to have arrived within 14 (fourteen) days of posting Any correspondence sent to you by fax, or SMS will be considered to have arrived on the day that it was sent. Where this day is a Saturday, Sunday or public holiday, the correspondence will be considered to have arrived on the next business day. 17 Marketing consent 17.1 You will only be sent marketing material from us in circumstances where you have consented to the receipt of the material and/or consented to your personal details and address being used by or on behalf of DiscoveryCard, to offer and send you information on services and products from business units and divisions within Discovery Limited and FirstRand Bank whether credit related or non-credit related, as the case may be. 18 Spousal consent (for Community of Property only) Spousal consent for NCA cardholders 18.1 If you are married in Community of Property, your spouse must consent to the conclusion of this agreement. Your failure to obtain spousal consent will result in the nullity of your credit facility Should you have entered into this agreement electronically, telephonically or in writing, the spousal consent declaration obtained shall be valid, binding and undisputed Should you have entered into this agreement by falsely declaring that your spouse has consented thereto, you will be liable for fraud. 19 Request for information 19.1 You may request information in respect of only your credit card account from us either in writing or by calling DiscoveryCard on the telephone number shown on your monthly account statement. 20 Usury Act 73 of 1968, as amended 20.1 The transitional provisions of the NCA applicable to Usury Act cardholders indicated in Schedule 3 of the National Credit Act can be obtained from DiscoveryCard on or viewed on the FirstRand website, 21 Other important terms 21.1 The headings in this agreement will not affect the interpretation of it We are obliged by law to regularly update your personal particulars. We may contact you from time to time in this regard and you will be obliged to provide us with the information requested You shall not be entitled to defer payment or refuse to make payment of any amounts payable by you in respect of your account, on the basis that you have a claim or query regarding any of the services provided for in Sections C of this agreement.

9 21.4 You consent, in terms of Section 45 of the Magistrates Court Act 32 of 1944, as amended, to the credit grantor taking any legal proceedings for enforcing of its rights under your credit facility for recovery of monies owed to it, in the Magistrates Court for any district having jurisdiction by virtue of section 28 (1) of the Magistrates Court Act. The credit grantor is nevertheless, at its option, entitled to institute proceedings in any division of the High Court of South Africa which has jurisdiction If your account goes into arrears, you will be liable for all legal fees, on the attorney and own client scale, including collection commission and tracing fees Should there be abuse detected on your credit card and / or credit card facility, we reserve the right to impound your credit card, which costs you will be liable for We may in terms of the common law set off any amount that we owe you, or that appears as a credit in any account you have with us, against any amount that you owe us on your account at any time. 22 Special arrangements 22.1 Should you be unable to meet your financial obligations in terms of your credit facility, upon you meeting the required criteria, the credit grantor will offer you one of the following special arrangement options which will decrease your monthly repayments and extend the period of repayment, at your request: If you are a Usury cardholder, you will not have to recontract with us, and this option will attract an interest rate of the maximum allowable by the NCA; or If you are a NCA cardholder, you will not have to recontract with us, but this option will also attract an interest rate of the maximum allowable by the NCA; or NCA Customers 23 Debt counselling provisions 23.1 Should you believe that you are unable to meet your obligations in terms of the credit agreements you have entered into, you may contact us for assistance in restructuring your debt with us in a manner that would allow you to repay it. We will attempt to assist you where possible You must continue to make payments until the debt review is finalised Should you enter into debt counselling or enter into a re-arrangement in terms of a Consent / Court Order / a Tribunal, you may not incur any further liability on your credit card facility. This means that: You may not transact on your credit card facility; You must cancel all debit orders (including insurance debit order) being processed through your credit card facility immediately. You will be required to use a cheque / transactional account to pay your debit order; No debit orders will be processed and will be charged back; Transacting on your account will result in us pursuing legal action against you. 24 Submitting a credit card related complaint or compliment 24.1 If you wish to lodge a complaint or compliment, you have to submit the complaint in writing or via to Care@fnb.co.za or fax to Acknowledgement of receipt We will acknowledge receipt of your complaint in writing; We will acknowledge receipt of your compliment in writing 24.3 If you do not get a response within 5 (five) working days from sending the complaint, you need to contact the Complaints department on to check whether your complaint has been received FNB Shared Services will investigate the complaint and where necessary, escalate the complaint to DiscoveryCard. The internal complaints resolution process is available from your branch, call centre or website If the complaint is resolved and you, the customer, are satisfied with the outcome, the procedure is concluded If your complaint is unresolved within 6 (six) weeks or not resolved to your satisfaction, DiscoveryCard will provide you with an explanation and reasoning for the decision taken, in writing. FAIS prescribes that you may then submit your complaint to the FAIS Ombudsman or Ombudsman for Banking Services in writing, with the supporting documentation within 6 months Alternate dispute resolution You have the right to resolve a complaint by way of alternate dispute resolution by filing your complaint with the National Credit Regulator or making an application to the National Consumer Tribunal. You may contact: The National Credit Regulator on or visit the website at The National Consumer Tribunal on or visit the website at and The Banking Ombudsman on or or visit the website at Section B: Account charges and fees 25 Charges and fees 25.1 Apart from the credit related charges to your account, your account will be debited for non-credit related charges You may get a copy of our fees and charges by contacting our DiscoveryCard call centre, or on our web site, or

10 25.3 Fees and charges are reviewed annually or at any time at our discretion in which event you will be given a 30 day notice before the change is effected Once debited to your account, fees and charges are non-refundable and will not be reversed Charge-backs will only be allowed if it is done in accordance with the Visa Rule and Regulations as published from time to time. Section C: Value-added services 26 The DiscoveryCard Loyalty Programme ( the Programme ) 26.1 You may access the benefits offered by the Programme if you are a member of Discovery Vitality The Programme is governed by the Rules of the Loyalty Programme. Access or utilisation of any benefits offered by the Programme will be deemed to be an acceptance by you of the Rules of the DiscoveryCard Loyalty Programme. You may obtain a copy of these Rules by contacting the DiscoveryCard call centre Please refer to the Discovery website ( or contact DiscoveryCard call centre for the Programme membership fees. 27. DiscoveryMotor Card roadside assistance (automatically included on the DiscoveryMotor Card only) 27.1 Benefits summary The roadside assistance benefits ( the benefits ) are available to valid DiscoveryMotor cardholders If your DiscoveryMotor Card account is in arrears, FRB will suspend the benefits until you restore your account to an acceptable status The benefits apply to motor cars, four-by-four vehicles and light commercial vehicles with a carrying capacity of not more than 1.5 tons The benefits are available in the Republic of South Africa only The benefits are not transferable The benefits are available if the vehicle breakdown is caused by mechanical or electrical failure only. If the vehicle is involved in an accident you may contact the dedicated International SOS call centre number but all services rendered will be for your own account. Alternatively, if the vehicle is involved in an accident you can make use of the Accident Assistance benefit (refer to clause 27.2 below) How the benefits work The benefits must be arranged through the dedicated International SOS call centre telephone number only International SOS will tow the vehicle to the nearest repair centre. Towing benefits are limited to a maximum of five hundred Rand (R500) per incident When the breakdown happens more than one hundred (100) kilometres away from your home, International SOS will pay for one of the following costs up to a maximum of five hundred Rand (R500): Car rental / taxi charges to the approved hirer for the costs of reaching your destination or hotel accommodation (maximum 6 people) Where the hired car is kept longer than the initial period authorised by International SOS, you must enter into a new contract with the car hire company for the extended period and you must pay the extra charges incurred The choice of car and car hire company is subject to availability. Car hire is subject to all requirements of the car hire company, including deposits for collision damage waiver, insurance and fuel. The cost of fuel in respect of the hired car is for your account The choice of hotel accommodation is subject to availability. International SOS will only be responsible for accommodation costs. You must settle extra costs, such as laundry, mini-bar, videos and meals directly to the hotel before you leave If required, due to overnight delay, International SOS will pay up to five hundred Rand (R500) for the safe storage of the vehicle When the breakdown happens more than one hundred (100) kilometres away from your home requiring that you leave your vehicle for repair, International SOS will arrange and pay up to one thousand Rand (R1 000) towards the cost of collecting the vehicle and returning it to your home once the repair is complete Other important information FRB and International SOS accept no liability for loss or damage to the vehicle or any of its parts or accessories while it is unattended, or while it is in the care or under the control of any contractor or garage or its employees or any other person. FRB and Discovery Vitality similarly do not accept this liability International SOS will assist in any way possible to resolve disputes with appointed International SOS contractors where loss or damage happened while the vehicle was in the care or control of these contractors. Summary of benefits Roadside assistance Benefit / limit International SOS will provide the DiscoveryMotor card holder with the following services as a result of a roadside emergency within the Republic of South Africa Flat tyre: Call-out + 1 hour labour Flat battery: Call-out + 1 hour labour Keys locked in vehicle: Call-out + 1 hour labour Run out of fuel: Call-out (fuel for Member s account) Towing costs: R500

11 Outside a radius of 100km from home: Per incident Hotel accommodation or car rental or taxi: R500 Safe storage: R500 Repatriation of vehicle: R Where the vehicle is towed, International SOS accepts no responsibility for the safekeeping or transport of the load, which will have to be removed from the vehicle before towing International SOS reserves the right to refuse any service or benefit where the service is being abused, used fraudulently or is no longer valid. 28. HEALTH WALLET 28.1 The HEALTH WALLET allows you, as a member of an approved medical scheme plan administered by Discovery Health (Pty) Ltd, Vitality and as the main DiscoveryCard holder, to pay for certain out-of pocket medical transactions which would ordinarily have been covered under the rules of Your medical scheme, but which are not paid due to:- Your Medical Savings Account having been exhausted in terms of the rules of the medical scheme; or You having selected a plan which does not have a medical savings account We will arrange for Your medical scheme to reflect the HEALTH WALLET transactions on Your monthly DiscoveryCard statement and on Your claims statement You will be given reasonable notice of changes to the HEALTH WALLET structure A fee of R3 (three Rand) per transaction will be charged for transferring funds between Your DiscoveryCard Straight facility and the HEALTH WALLET. The fee detailed in this clause 28.4 may be adjusted from time to time. You will be notified of such adjustments. For the full list of the fees and charges applicable to the HEALTH WALLET please refer to the Discovery website ( or contact the DiscoveryCard Service team In the event that the balance available in Your HEALTH WALLET is only sufficient to cover a portion of a claim, such portion will be paid from the HEALTH WALLET and You will be required to settle the balance with the healthcare professional, unless You have selected to have this balance paid from Your straight facility, subject to funds available Your claims will be paid in full from the HEALTH WALLET or at the rate that Your medical scheme pays for claims, depending on what rate You selected to have claims paid out of Your Medical Savings Account. Where You do not have a Medical Savings Account the claim will be paid from the HEALTH WALLET at the full cost of the claim. Description of HEALTH WALLET 28.7 The essential elements of the HEALTH WALLET are as follows: You can fund Your HEALTH WALLET through a combination of any of the following methods: You can elect a monthly amount of Your choice that You wish to contribute to Your HEALTH WALLET (subject to a minimum contribution of R100 per month and no maximum amount). This monthly amount is deducted from your nominated account via debit order and the funds will reflect in your Health Wallet after 10 days. You may, in addition, contribute lump sum amounts into Your HEALTH WALLET. You may transfer funds between Your straight facility and the HEALTH WALLET facility; or If You are a member of Vitality and activate the HealthyFood, HealthyGear and HealthyCare benefits, You can elect to have Your savings paid into Your HEALTH WALLET. If You are a member of Vitality, You can elect to have the cash back you receive paid into Your HEALTH WALLET. You can also redirect your MedSaver and ChroniCare cash back into your Health Wallet to boost your healthcare savings No interest will be earned on the HEALTH WALLET facility Subject to what is stated in this clause 28, You will have access to the funds: You have contributed to Your HEALTH WALLET in the calendar following the year during which You made the contribution; that are received into Your HEALTH WALLET through Your HealthyFood, HealthyCare and HealthyGear benefits on Vitality at any time; in the form of Your DiscoveryCard cash back at any time; and / or in the form of Your MedSaver or ChroniCare cash back at any time; 28.8 Funds can be withdrawn by transferring the amount to your normal credit facility, provided such withdrawals are effected in accordance with the procedures set out by Discovery Vitality and FRB from time to time. For the avoidance of doubt, neither FRB nor Discovery Vitality will make any non-health WALLET Medical Transactions to suppliers on Your behalf. No credit will be provided on the HEALTH WALLET and accordingly You will only be allowed to withdraw positive balances in Your HEALTH WALLET The processing of the HEALTH WALLET Medical Transactions will be facilitated by FRB and Discovery Vitality and will be dependent on whether or not there are sufficient funds available (credit balance) in the HEALTH WALLET savings facility to settle the transaction. The HEALTH WALLET Medical Transaction will be declined if You are in arrears with Your payments, in respect of amounts owing to FRB on Your normal credit facility.

12 28.10 If Your Medical Savings Account has sufficient funds to settle only part of the medical claim, the transaction will be settled partly from Your Medical Savings Account and the balance of the transaction will be settled from Your HEALTH WALLET If a claim is processed from the HEALTH WALLET in error and a reversal is required, all reversals will be made into the HEALTH WALLET and not into Your straight or budget facility You can apply for the HEALTH WALLET at anytime after contacting the DiscoveryCard call centre. By applying for the HEALTH WALLET You acknowledge, understand and agree that amounts may be debited from Your HEALTH WALLET in respect of medical transactions contemplated in clause 28.1, without You specifically authorising and approving such amounts at the point of service or sale Should You default on Your normal monthly card repayment, Your HEALTH WALLET may be closed and no further transactions will be permitted until all amounts owing have been settled. Nothing will prevent FRB from transferring any balance whether in credit or debit to Your normal credit facility, which will attract the normal interest rates applicable to Your card account from the time of transfer Transactions processed on Your card by a medical provider at a point of service will be charged to Your normal credit facility and not Your HEALTH WALLET saving facility The HEALTH WALLET cannot be used in cases where You are required to make co-payments to Your medical provider Should You terminate Your membership with Your Medical Scheme, credit balances in Your HEALTH WALLET may be transferred to Your normal credit facility and Your HEALTH WALLET will be closed. If you terminate your Vitality membership or close Your DiscoveryCard, You will no longer be entitled to any Vitality or DiscoveryCard specific benefits that may impact the HEALTH WALLET. If You close Your DiscoveryCard any positive balances will be paid into Your nominated bank account. 28. Electronic service option (Transaction messaging - InSync) (Optional service available on the DiscoveryCard) 28.1 InSync is a messaging service, which enables you to track your financial transactions on your account You will receive real-time confirmation by SMS and/or of deposits into your account, electronic transfers, withdrawals and purchases, which will be sent to your nominated cellphone number and/or address You are responsible for ensuring that we have your correct cellphone number and address at all times We will not be held responsible if any SMS and/or is sent to the incorrect number of address if you have not updated your records with us We cannot guarantee the accuracy of arrival time of an SMS and/or , as we are dependent on external service providers who are responsible for the delivery of the information Whilst we will use our best efforts to ensure the integrity and content of any SMS and/or sent to you, your monthly statement will remain the sole record of your account transactions Under this option, your monthly DiscoveryCard statement will be mailed electronically to you You have 24 hours from the time an InSync message is sent to query any unauthorised transaction on your account. If you do not query the unathorised transaction, it will be deemed that you have authorised the transaction and you may be liable for the transaction. 29 Travel Insurance 29.1 This is a summary of the terms, conditions and exclusions of the Travel Policy as issued by Oojah Travel Protection (PTY) Ltd ( the Travel Policy ). What is stated in this summary is subject to what is stated in the Travel Policy You acknowledge that we may share relevant personal information between DiscoveryCard, International SOS, Oojah Travel Protection (Pty) Ltd (a representative of Hollard) and the Hollard Insurance Company Limited from time to time. All parties agree to keep your information confidential and will only use it to administer your travel insurance You must obtain a copy of the Travel Policy before you embark on your journey The Travel Policy is available on our website: or you may contact Discovery Helpdesk who will send the Travel Policy to you The benefits under the Travel Policy are automatically available when you buy an international travel ticket (public conveyance) in South Africa using your DiscoveryCard and you are a member of the Discovery Miles Programme as described in the Rules of the Discovery Card Loyalty Programme. You need to be an active Discovery Health or Life member in order to make use of the benefit The benefits under the Travel Policy are available to cardholders up to and including the age of seventy (70) years For more information in respect of benefits, premiums, cover value, cancellation and termination, exclusion and claims, you must refer to the Travel Policy obtainable as set out in clause 30.4.