The Healthcard
(“the card”) is issued by Mercantile Bank Limited (1965/006706/06)
(“us/we”) to the persons whose names appear thereon (“you”)
subject to the following
terms and conditions:
1. ISSUING OF
THE CARD
1.1 All these terms and conditions (‘this agreement“) shall apply without
reservation
when we dispatch the card to you.
1.2 All informational material(s) and user guides accompanying this
card form an integral part of this agreement. Please ensure that you
familiarize yourself with all these materials and/or documents.
1.3 You must sign the card on its reverse side with a ballpoint pen
immediately upon receiving it. The card is valid from the date of issue
as indicated on your debit card, until your right to use the card is
terminated in terms of clause 7.
1.4 The card is owned by us and will remain our property at all times.
2. USE OF THE
CARD
2.1 Only the Cardholder in whose name the card is issued and whose
name is embossed on the Card may use the card. Use of your Card by
a third party is a criminal offence and will be prosecuted accordingly.
2.2 You may only use the card to pay for services of medical/health
service suppliers (Doctors, Pharmacies, Optometrist, etc) where an
electronic point of sale terminal is available for electronic approval
of transactions.
2.3 You may not make purchases or otherwise use the card for transactions
that will exceed
the credit balance on your account, or for anything other than medical/health
services.
2.4 You will be liable to us for payments made by us in respect of
the use of your card.
2.5 Use of the card is at your own risk and we are not responsible
for any loss or theft resulting from the use of the card.
2.6 This card will only be valid in the boundaries of South Africa.
2.7 The card may not be used for any unlawful purpose, including but
not limited to, the purchase of goods or services prohibited by any
law.
2.8 The card is an electronic debit card which can only be used at
an electronic point of sale terminal.
2.9 The card is issued with a PIN number to verify the card owner but
has been ATM disabled for cash withdrawals.
3. AUTHORITY
TO DEBIT YOUR ACCOUNT
3.1 You hereby authorise us to debit your account with:
3.1.1 any and all payments to medical/health service providers made
by you using your card or where we act on any written instruction from
you,
3.1.2 our standard service fees (where applicable) as notified to you
from time to time, including (without limitation) card issue and replacement
fees, cancellation fees, debit order return fees and statement fees,
3.1.3 any and all applicable government levies in respect of the use
of the card, and
3.1.4 any costs incurred by us enforcing our rights, pursuant to this
agreement.
3.1.5 any cost determined by us from time to time relevant in providing
a compulsory lost card protection plan.
3.1.6 Any debit balance relating to returned debit orders, applicable
fees and interest pursuant to this agreement.
4. STATEMENTS
4.1 On request, we shall give you statements showing the transactions
entered into by use of your card, as well as other applicable transactions
in respect of your account.
4.2 If you believe that your statement contains an error(s) you must
notify us of the error in writing within 30 (thirty) days of the receipt
of the statement, failing which you will have no claim whatsoever in
respect of or arising from such error(s).
5. INTEREST
5.1 We may pay you interest, at a rate which will be solely determined
by us from time to time, in respect of any daily credit balances
in your account. Such interest will be credited to your account on
a monthly basis.
5.2 Should your account, for any reason, have a debit balance, you
will pay us interest at the maximum rate prescribed by the Usury Act
or at a rate determined by us from time to time, in respect of any
debit balances on your account. Such interest will accrue on a daily
basis from the date of the debit balance upon and including the date
on which full repayment is credited to our account, and will be compounded
monthly in arrears.
6. AUTHORISED
USE
6.1 You are responsible for the safekeeping of your card.
6.2 If your card is lost or stolen, you must immediately notify our
nearest branch of such a loss. If such notification is effected verbally,
you must confirm in writing within 24 (twenty four) hours of verbal
notification. Delay in notifying us of the loss or theft will be deemed
to be negligence on your part.
6.3 If your card is lost or stolen and your card is used, you will
be responsible for all amounts
debited to your account through the use of the card.
6.4 The card is covered under a lost card protection plan whereby the
monthly cost and protection limit is determined by us from time to
time.
7. TERMINATION
OF CARD FACILITY
7.1 You may terminate your right to use the card on written notice
to us only once a zero balance has been achieved. The said notice must
be accompanied by the card,
which must be cut into pieces so as to prevent further use.
7.2 We may at any time in our sole and absolute discretion close your
account and/or terminate
your rights to use the card. If we close your account and/or terminate
your right to use
the card, you must immediately return your card to us as set out in
clause 7.1.
7.3 In the event that we close your account and/or terminate your right
to use the card we shall be entitled to inform any merchant, credit
reference agency or other person thereof.
8. LIABILITY
We shall not be liable for any loss or damage that you may suffer as
a result of our provision of incorrect information to any person
(including any credit reference agency) if such information was provided
in good faith, or as a result of any terminal failure or malfunction
beyond our reasonable control as a result of the failure or malfunction
of any other device used to make or process transactions with the
card.
9. ADDRESSES
AND NOTICES
We shall send notices to the postal address or, where applicable, to
the physical address
specified on your account application form, which address you have
chosen as your domicilium citandi et executandi for all purposes arising
from this agreement.
10. GENERAL
10.1 We shall not be liable to you if any medical/health service supplier
does not accept the card or
we refuse to authorise any transaction on the card.
10.2 The card is an electronic form of payment and we will not be held
liable for any amount claimed by a medical/health service supplier,
or on your behalf should the medical/health service provider not accept
this form of payment.
10.3 You must resolve any dispute you have with any medical/health
service suppliers directly with the medical/health service supplier.
Such dispute will not affect our rights to receive payment from you.
10.4 If there is a difference between our records and your record,
our records will be binding.
10.5 Where a cheque or other negotiable instrument is deposited into
and credited to your account, it will be available as cash only after
it has been honored and we shall be entitled to debit your account
with the amount of that cheque or negotiable instrument if it is dishonored,
where we reserve the right to take legal action in recovering used
funds against amounts dishonored.
10.6 We may amend this agreement at any time. Publication of such amendments
by such means as we may select will constitute valid notice of the
amendment to you. Any such amendment(s) will not constitute a negation
of this agreement. You may not amend or vary these terms and conditions
at all.
10.7 You agree that we may proceed against you in a magistrate’s court
having territorial jurisdiction even if the amount of your claim exceeds
the value jurisdiction of the court.
10.8 In the event that we take legal action against you to recover
any amount due to us in terms of this agreement, you will be liable
for our costs (including all legal fees and collection commission)
on the scale as between attorney and own client.
10.9 We may allocate any credit balance in any account you have with
us to settle or set off any outstanding amount that you may owe us
in terms of this agreement. We may realise any security which we held
for your indebtedness to us and apply the proceeds thereof to pay any
indebtedness in terms of this agreement.
10.10 You agree that you will notify us immediately in the event that
you are sequestrated under an administration order or any form of curatorship,
or commit any act of insolvency as set out in the Insolvency Act, 1936
(Act No 24 of 1936), as amended.
10.11 A certificate signed by any one of our managers or branch administrators
(whose appointment need not be proven) as to the amount of your indebtedness
to us (including interest) and that such amount is due and payable
shall constitute sufficient proof thereof, unless the contrary is proven
in court.
10.12 Any indulgence, extensions of time or concession that we may
grant you shall not be
regarded as a waiver of our rights.
10.13 Every provision of this agreement is deemed to be separate and
severable, the one from the others. Should any provision be found to
be unenforceable for any reason, the remaining provision shall nevertheless
continue to be of full force and effect.
10.14 The agreement will be governed by and construed in accordance
with the
laws of the Republic of South Africa.
10.15 You consent to us making enquiries concerning your credit history
with any credit reference agency and to provide such agencies with
both positive and negative information regarding
conduct of your account(s). |
