The Foschini Group

TFG FRAUD ALERT

TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES

IMPORTANT – PLEASE READ CAREFULLY

1. DEFINITIONS

1.1. “Account” means the facility that we have given You that enables You to buy goods, services, and other optional products on credit from Us.

1.2. “Agreement” means these terms and conditions (“the Terms”), which are in addition to, and must be read together with (as if specifically incorporated herein), The Foschini Group’s standard terms and conditions for store cards and lay - bys. In the event of conflict, the Terms will prevail.

1.3. “Business Day” means any day except for a Saturday, Sunday or public holiday, and “Business Days” shall have a corresponding meaning.

1.4. “Card” means the personal account card that We issue to You when You open an Account.

1.5. “Credit Limit” means the maximum approved amount of credit in terms of Your Account.

1.6. “Service” means the optional and value added service called TFG Fraud Alert which You have requested Us to provide to You, at a cost payable by You to Us.

1.7. “SMS” means a short message service sent to Your nominated cellular telephone.

1.8. “We / Us / Our” means:

1.8.1 in South Africa, Foschini Retail Group (Pty) Ltd, registration number 1988/007302/07, a registered credit provider, NCRCP 36, and an authorised Financial Services Provider with registered address at 340 Voortrekker Road, Parow East, 7500, South Africa and contact telephone number 021 938 1911.

1.8.2 in Namibia, Fashion Retailers (Pty) Ltd, registration number 821

1.8.3 in Swaziland, Foschini Swaziland (Pty) Ltd, registration number 117/1980

1.9. “You / Your” means the person holding the Account with Us who has elected to accept the Service.

2. UNDERSTANDING THIS AGREEMENT

2.1 It is hereby explicitly stated and guaranteed that You have read the terms of this Agreement and that You understand the content and the meaning of the terms of this Agreement.

3. WHAT IS TFG FRAUD ALERT

3.1 We will send You an SMS each and every time a purchase with a value of over R100.00 (one hundred rand) (“the Purchase”) is made on Your Account using Your Card, at any TFG store excluding JET stores.

3.2 Your nominated cellular telephone number will be the number that You have provided to Us when You applied for your Account, or any other number which You have provided to Us from time to time with instructions that We are to use said number as Your nominated contact number. Your nominated cellular telephone number must be a valid and registered South African cellular telephone number. If you do not have a valid and registered South African cellular telephone number, you will not receive the Service.

3.3 The SMS will contain details as to the date on which the Purchase on your Account was made, the amount of the purchase and in which TFG brand store the Purchase was made.

3.4 We may change the Service, or any part thereof, at any time by giving You notice in writing to any address / email / cellphone number You have provided to Us when You applied for your Accoun, or provided to us at a later stage with instructions that We are to use it as Your nominated contact details.

4. CANCELLATION

4.1 You may cancel the Service at any time by giving Us no less than 30 (thirty) days’ notice in any one of the following ways:

4.1.1 by writing to Us at either of the following addresses:

4.1.1.1 Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500; or

4.1.1.2 P.O. Box 6020, Parow East, 7501; or

4.1.2 by calling Our customer services department on 0860 834 834; or

4.1.3 by emailing Us at customerqueries@tfg.co.za.

4.2 You may cancel the Service within 5 (five) Business Days after subscribing to it, in which event You will receive a refund of any amount billed as per clause 5 below.

4.3 We may cancel the Service at any time by giving You no less than 30 (thirty) days’ notice in writing to any address / email / cellphone number You have provided to Us when You applied for your Account or provided to us at a later stage with instructions that We are to use it as Your nominated contact details.

5. COST AND PAYMENT

5.1 The cost of the Service is R4.50 (four rand and fifty cents) per month, or as increased by Us as per clause 5.6 of this Agreement.

5.2 The cost of the Service is due and payable monthly, together with your instalment on your Account. The due date for payment of your instalment on your Account is the due date for payment of the cost of the Service.

5.3 You consent to Us debiting and collecting the cost of the Service from Your Account each month until the Service is cancelled as per clause 4 above or lapses or suspends as per clause 6 below.

5.4 If interest is payable on your Account, You will pay the same interest rate on the cost of the Service. We will retain this interest.

5.5 We may increase the cost of the Service at any time on no less than 30 days’ written notice to You, and this notice will appear on your monthly Account statement .

6. AUTOMATIC LAPSING OF THE SERVICE

6.1. The Service will suspend, without notice to You, when:

6.1.1 You have not paid the monthly amount required by Us on Your Account for 2 (two) consecutive months. You may contact TFG’s customer services on 0860 834 834 if You would like to know what this amount is; or

6.1.2 You apply for or are accepted to go under debt review as provided for under the National Credit Act 34 of 2005; or

6.1.3 You go under administration as provided for in the Magistrates’ Courts Act 32 of 1944 ; or

6.1.4 You become insolvent as provided for in the Insolvency Act 24 of 1936; or

6.1.5 You reach Your Credit Limit.

6.2. The Service will automatically, and without notice to You, lapse / end / terminate at midnight on the day that:

6.1.1 Your Account is terminated; or

6.1.2 We cease to provide this Service.

6.2. In the event of the suspension of the Service or the termination of the Service as provided for at 6.1 and 6.2 above, We will not be liable to You for any damages You may suffer, including consequential loss, as a result of You not receiving the Service.

6.3 As soon as any of the circumstances listed above at 6.1.1 to 6.1.5 come to an end or no longer apply, the Service will reinstate automatically.

7. WARRANTY

7.1 We warrant that in delivering the Service We have and will exercise all reasonable skill and care to be expected of an entity rendering such services.

8. FORCE MAJEURE

8.1. Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, fire, explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, or any other cause beyond its reasonable control.

8.2. In the unlikely event of the above, We will not be liable for any loss or expenses caused to You.

9. NATURE OF THE SERVICE

9.1 The Service is a value – added product which You have elected to receive. It is not an insurance product, and the cost of the Service does not constitute a “cost” as defined in the NCA.

9.2 The Service may alert You to fraudulent activity on Your Account, or fraudulent use of Your Card. It is Your responsibility to call Our customer services department immediately on 0860 834 834 if You suspect fraudulent activity on Your Account.

9.3 The Service does not give You a right to a refund of proven fraudulent purchases made on Your Account with your Card, and it does not mean that We will be under any duty to reverse any proven fraudulent purchases made on Your Account with Your Card.

10. AVAILABILITY / INTERRUPTION OF THE SERVICE

10.1 The Service is available only when Your cellular telephone is within the operating range of Your cellular telephone network provider with an appropriate signal for network services.

10.2 The Service is subject to transmission limitations and service interruptions which are occasioned by Your cellular telephone network and are not under Our control.

10.3 You acknowledge and agree that We are not responsible for performance degradation, interruption or delays due to conditions of, or in terms of your contractual arrangements with, Your cellular telephone network provider.

11. GOVERNING LAW

11.1. The Parties agree that the validity and interpretation of this Agreement will be governed by the laws of the Republic of South Africa.

12.COMPLAINTS

12.1 If You have a complaint about the product, You may contact Our customer services department on 0860 834 834 or customerservices@tfg.co.za.

Version: 25 01 2021

Promotional Competition Rules for the TFG Fraud Alert Grocery Voucher I-Voice Competition:

1. This promotional competition is organised by Foschini Retail Group (Pty) Ltd (registration number 1988/007302/07) (“TFG”) a subsidiary of The Foschini Group Limited.

2. In these rules, “Promoter” means a person who directly or indirectly promotes, sponsors, organises or conducts the promotional competition, or for whose benefit the promotional competition is promoted, sponsored, organised or conducted, which includes TFG.

3. No director, member, partner, employee, agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by the Promoter, their advertising agencies, or their spouses, life partners, parents, children, brothers, sisters, business partners or associates, may enter this promotional competition. This also applies to a person who is a supplier of goods or services in connection with this promotional competition.

4. All participants must be South African citizens who also reside in South Africa and be at least 18 years old.

5. The accounts of participants must be up-to-date and not in arrears as at the date of entry into the competition to be eligible to win a prize.

6. Should the Promoter, law or any authority terminate this promotional competition, no notice of termination shall be required. In such event, all participants waive any rights and acknowledge that they shall have no claim of any nature whatsoever against the Promoter, its directors, agents or employees as a result of the termination.

7. The Promoter reserves the right to vary, postpone, suspend or cancel the competition and any prizes which have not yet been drawn, or any aspect thereof, without notice at any time and for any reason whatsoever that the Promoter deems is reasonable at the time.

8. By entering the competition, participants agree and understand that they may win a prize, but that there is no guarantee that they will win a prize.

9. Participants who receive an i-voice message on their cellular phones to subscribe to TFG Fraud Alert, and subsequently choose to subscribe by pressing the number 1 on their cellular phones, will be automatically entered into the competition.

10. There will be 1 (one) winner, who will receive a grocery voucher to the value of R2 000 (two thousand rand). By accepting the prize, the winner agrees to be bound by the terms and conditions of the grocery voucher (for example, the expiry date).

11. The Promoter, its directors, agents and employees do not accept any responsibility for any entries and/or prizes that are lost, damaged, unusable or delayed.

12. Prizes are not transferable and may not be deferred or exchangeable for cash, credit or otherwise.

13. If any taxes, levies, duties or any charges whatsoever are levied on a prize by any competent authority, the winner will be liable for these and the prize value will not be increased to compensate for such charges.

14. This competition will commence on 15 April 2019 and end on 15 June 2019.

15. The winner will be randomly selected from eligible participants at the discretion of representatives of the Promoter after the closing date at the TFG head office in Parow East, Cape Town, in the presence of an independent accountant/auditor/attorney.

16. The winner will be contacted telephonically and/or via email. If the Promoter cannot contact the winner after 2 attempts have been made to reach him/her on their chosen contact details, and either the call is not answered or the call goes directly to voicemail, or the email is not responded to by the date indicated in the email, the prize will be forfeited and a new winner will be re-drawn.

17. The decision of the Promoter as to the winner is final and no correspondence will be entered into.

18. By accepting a prize or by entering this competition, participants hereby indemnify the Promoter, its directors, agents, employees and the promoters/sponsors against any damages of any nature whatsoever that the participants may suffer as a result of the prizes and/or this competition, including consequential damages and economic loss.

19. The Promoter may request the winner to agree in writing to endorse, promote or advertise any of its goods or services. The winner will not unreasonably withhold his/her consent.

20. Any participant in this competition shall be deemed to have accepted these Competition Rules and agrees to be bound by them.

21. Failure to comply with these rules or the terms of acceptance of a prize by a winner will be deemed to be a rejection of the prize and the winner will then be disqualified from receiving the prize.

22. It may be necessary for certain third party benefit providers to process the winners’ personal information to enable them to provide their services to the winners. By entering this competition and making use of any benefits, participants agree to this.

11 April 2019

Promotional Competition Rules for the TFG Fraud Alert Account Credit I-Voice Competition: