Rental Terms & Conditions

Agreement:

this document and the terms and conditions for TFG Connect.

Business Day:

any day other than a Saturday, Sunday, or official South African public holiday.

Device:

the specific cellphone or electronic device and accessories described in the Rental Schedule.

Device Software:

software installed on the Device by TFG that enables remote locking of the Device as per clause 10 below.

Delivery:

handing of the Device to the Renter.

Effective Date:

the date this Agreement commences, as specified in the Rental Schedule.

Initial Payment:

an upfront payment made by the Renter prior to Delivery of the Device.

Personal Information:

is as defined in the Protection of Personal Information Act of 2013.

Rental Payment:

monthly payments due by the Renter as specified in the Rental Schedule.

Rental Period:

the rental period as specified in the Rental Schedule.

Rental Schedule:

the written schedule that, among other things, identifies the Renter, describes the Device, and specifies the Rental Period, Initial Payment, Rental Payments, and First Rental Payment Due Date.

Renter:

the individual or entity renting the Device from TFG.

RICA:

Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 and its regulations.

SIM:

Subscriber Identity Module provided by TFG Connect and inserted into the Device.

TFG:

Foschini Retail Group (Pty) Ltd, a private company duly incorporated under the laws of South Africa, registration number 1988/007302/07 of Stanley Lewis Centre, 340 Voortrekker Road, Parow East.

TFG Connect:

The cellular service provided by TFG.

VAT:

Value-added tax payable by the Renter in accordance with the Value Added Tax Act 89 of 1991, as amended.

Any reference in the Agreement to the singular includes the plural and vice versa. Any reference to natural persons includes juristic persons and vice versa.

Any requirement in the Agreement that a notification or communication must be made or given in writing, shall be met in the case where any such notification or communication is made or given by us to you by means of data message, SMS or email or by means of a voice call where the call originates from us and where such call is recorded by us as the case may be. In all other instances, any written notice or communication shall be given in accordance with the provisions of clause 16.

The contra proferentem rule of interpretation is expressly excluded from the Agreement and no provision herein shall be construed or interpreted to the disadvantage of any party by reason of such party having been deemed to have structured, drafted, requested or introduced such provision.

The head notes to the paragraphs to the Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

The Initial Payment is due and payable on the Effective Date prior to Delivery of the Device.

Each monthly Rental Payment is due in advance on the first day of every month (the “Due Date/s”). Failure to make payment on the Due Date may result in:

1. cessation of TFG Connect data benefit allocations as per clause 8 below; and/or
2. the Device being locked as per clause 10 below.

1. if the Initial Payment is paid on or before the 15th of the month, the 1st Rental Payment will be due on the first day of the following month; or
2. if the Initial Payment is paid after the 15th of the month, the 1st Rental Payment will be due on the first day of the month succeeding the following month.

To illustrate this:

• If the Initial Payment is made on 10 March, the first Rental Payment will be due on 1 April, being the first day of the following month.
• If the Initial Payment is made on 16 March, the first Rental Payment will be due on 1 May, being the first day of the month succeeding the following month.

Each Rental Payment shall be inclusive of VAT.

Should the Renter make a payment in excess of the Initial Payment or any Rental Payment due, any excess amount shall be credited towards the next Rental Payment due.

Rental Payments can be made in-store at any TFG Store using the selected payment methods approved by TFG.

The Renter will take Delivery of the Device on the Effective Date.

The Device will always remain the sole and exclusive property of TFG during the Rental Period.

The Renter shall not, at any stage during the Rental Period, claim, represent, or permit any third party to assert ownership or any right or interest in respect of the Device.

Upon expiry or termination of this Agreement, the Renter must exercise his/her options as per clause 14 below.

At Delivery, the risk of damage to, or loss, or theft of the Device shall pass to the Renter. The onus is on the Renter to obtain adequate insurance to cover any losses. Failure of the Renter to obtain adequate insurance will not release the Renter from their obligations under the Agreement in respect of loss, theft and damage to/of the Device.

The Renter must report any damage, theft or loss to TFG immediately upon becoming aware thereof. The Renter will be liable for the full value of the loss.

The screen of the Device will be repaired in the event of accidental physical damage as per clause 7 below.

If the Device is damaged, lost, stolen, destroyed, or in any other way rendered unfit for use, the Renter shall remain liable for the Rental Payment(s) until the end of the Rental Period or termination (as per clause 11 below) of the Agreement, whichever is earlier. This clause shall not apply if such damage is due to a defect or malfunction in the Device.

During the term of this Agreement the screen of the Device is protected against accidental physical damage which is breaking, cracking or scratching of the screen. The screen of the Device is not protected against damage caused by liquid.

Only the screen of the Device is protected. If any part of the Device other than the screen is damaged, you will be responsible for costs of the repair of the Device.

If the screen of the Device is damaged, it will be repaired only if the Renter follows the steps set out in this clause 7.

• Inform TFG of the damage in writing as soon as possible, but no later than 30 (thirty) days after damage occurs, by completing a notice of damage form.
• The notice of damage form will include details on how and when the screen of the Device was damaged and it must be signed by the Renter.
• The Renter can obtain a notice of damage form at any TFG store, or by contacting TFG on 0860 000 388 or at hiflex.customersupport@tfg.co.za.
• The Renter must send the completed and signed notice of damage form to hiflex.customersupport@tfg.co.za.

If the screen of the Device is not repaired because it is not damaged due to breaking, cracking or scratching, or if the steps at 7.4 above have not been followed, the Renter shall not be released from his/her obligations under this Agreement in respect of loss, theft and damage to/of the Device.

Monitor Administrators (Pty) Ltd (“Monitor”) services the Device screen protection for TFG. Monitor will advise the Renter of where and when the Device will be collected and where and when it will be returned to the Renter after the screen of the Device has been repaired.

Repair of the screen of the Device as set out in this clause 7 is limited to twice during the Rental Period, calculated from the Effective Date.

The Device is supplied with a TFG Connect SIM, and the use of this SIM is mandatory. The Renter may insert and use a second SIM of their choice if the Device is equipped with a second SIM slot.

The terms and conditions for TFG Connect can be found at www.tfgconnect.co.za and the Renter will be bound by these when using the SIM.

A 1GB data bundle will be allocated to the Renter on the first day of each calendar month while this Agreement subsists.

The data bundle will be valid for 7 (seven) days from the date of allocation.

To qualify for the monthly data bundle, the Rental Payments must be fully up to date as of the Due Date. If payment is not received by the Due Date the Renter will receive no monthly data bundle that month.

If the Renter subsequently settles any arrears, the data bundle will not be retrospectively allocated and will only be reinstated from the next monthly allocation date, provided all Rental Payments remain up to date.

If the SIM Card is lost, stolen or damaged, the Renter is required by law to immediately notify the South African Police Services telephonically or in writing. The Renter must also immediately notify TFG and request suspension of their SIM, by calling the TFG Connect customer care team on 0860 663 663 (this cannot be done in any TFG stores). A replacement SIM will be provided to the Renter in event of loss / theft / damage at the Renter's cost.

The first SIM card supplied with the Device forms part of the Agreement and is included at the Effective Date. Should the Renter elect to change their mobile number, request a replacement SIM card, or require an additional SIM card for any reason, such SIM card will not form part of the Agreement and must be purchased separately at the applicable price determined by TFG Connect from time to time.

The Renter must provide their original Identity document and a proof of residence at the time of receiving the SIM to enable TFG to effectively RICA the SIM.

The Device is provided subject to the manufacturer's standard warranty, which is between TFG and the manufacturer of the Device. TFG does not provide any additional warranty, whether express or implied, other than as required by the manufacturer of the Device and by law.

The Renter must inspect the Device immediately upon Delivery. Any defects, malfunctions, or out-of-box failures must be reported to TFG within seven (7) calendar days of the Effective Date. Failure to notify within this period shall be deemed acceptance of the Device in its condition on Delivery.

In the event that the Device develops a defect covered by the manufacturer's warranty, the Renter must promptly notify TFG and follow the prescribed warranty claim procedure. TFG will assist with submitting the Device to the manufacturer or a TFG authorised service provider for repairs.

Any repair or replacement performed under the manufacturer's warranty shall not relieve the Renter of the Renter's payment obligations under this Agreement.

The Renter shall be responsible for any damage to the Device not covered by the manufacturer's warranty, including, but not limited to, accidental damage, misuse, or unauthorised repairs.

As an example, if a customer's Device is accidentally exposed to water and stops functioning during the Rental Period:

• Step 1: Reporting the Issue — The Renter must report the damage through the TFG hiFlex Customer Support or in a selected TFG store as advised to the Renter.
• Step 2: Assessment of Warranty and Insurance— The Device will be inspected first, and if it is confirmed that the damage (liquid exposure) is not covered by the manufacturer's warranty and not included under the Screen Replacement insurance; then
• Step 3: Responsibility for Costs — In line with the Agreement:
  • The Renter will be liable for the cost of repairing or replacing the Device; and
  • The courier costs incurred in transporting the Device between TFG, the authorised repair centre, and/or the Network partner will also be the Renter's responsibility.
• Step 4: Settlement — The Renter must settle the repair and courier charges directly with TFG (or as instructed), while further monthly Rental Payments remain due and payable.

The Renter shall not, without prior written consent from TFG, undertake or permit any repairs to the Device other than through the manufacturer or an authorised service provider.

During the Rental Period, the Renter shall use the Device solely for its intended purpose and strictly in accordance with the manufacturer's instructions.

The Device (identified through its unique IMEI number) will have software installed that enables TFG to remotely lock the Device. By entering into this Agreement, the Renter expressly consents to the installation and operation of such Device Software.

A data connection is required to enable regular communication between the Device and the Device Software and to ensure the Renter receives regular updates with regards to Rental Payments due and other important communication. If this data connection does not occur at least once within any thirty (30) day period calculated from the Effective Date, the Device will automatically be locked. The Renter is solely responsible for ensuring that the Device maintains a data connection within this period to prevent it from being locked. Additionally, the Device may be subject to certain limitations outlined in Annexure 1: Device Usage Restrictions, which may be updated periodically. The Renter is encouraged to review this list to understand any applicable restrictions.

The Device may also be subject to certain usage restrictions, as set out in the Device Restriction List, in Annexure 1 below, which may be updated by TFG from time to time. The Renter is required to familiarise himself/herself with such restrictions, which shall be binding on the Renter.

If the Renter inserts a SIM card into the Device (in the primary SIM slot if the Device has 2 SIM slots) other than the TFG Connect SIM provided in terms of this Agreement, without obtaining TFG's prior approval, TFG will lock the Device and will only unlock it once TFG has formally approved the Renter's request to use an alternative SIM card, or the original TFG Connect SIM has been re-inserted. If the Renter has a dual SIM Device, neither SIM card will function if the Device is locked.

If the Device is locked for any reason as set out in this Agreement the Renter will only be able to use the Device to call emergency numbers or hiFlex Customer Support. The Device will remain locked until all outstanding payments are brought up to date. If the Renter makes any partial payments, the Renter will have access to the Device on a pro-rata basis, corresponding to the amount paid.

The Renter consents to receiving service-related messages on the Device via the Device Software.

The Renter may terminate this Agreement at any time by providing TFG with at least twenty (20) Business Days' prior written notice, and:

1. TFG will levy a cancellation penalty equal to thirty percent (30%) of the outstanding balance of the Rental Payments for the remainder of the Rental Period.
2. TFG will advise the Renter of the exact amount payable upon receipt of the Renter's notice of termination.
3. The Renter must return the Device to any participating TFG store with a hi kiosk. Failure to do so will result in the Device being remotely locked until it is returned to TFG.

If the Device has been damaged (fair wear and tear excluded), lost, stolen or destroyed prior to the early termination, the Renter shall remain liable to TFG for the cost of such damage, loss, theft.

If the Renter is in breach of this Agreement due to:

1. failing to make full payment of any amount on the Due Dates;
2. the Renter, or any person authorised by the Renter, making any modification to the Device or attempts to bypass the Device Software or modifies or bypasses, or attempts to modify or bypass any lock of the Device if the Device is locked as provided for under this Agreement;
3. breaching any other provisions or obligation in terms of this Agreement,

then TFG shall be entitled, in addition to any other rights it may have in law or under this Agreement, to immediately terminate the Agreement and lock the Device. TFG will first send a notice to the Renter, giving them twenty (20) Business Days' notice to remedy their breach, failing which, TFG may cancel this Agreement.

If TFG cancels the Agreement due to the Renter's breach, the Renter will remain liable for his/her obligations to TFG, and TFG may still claim all amounts owed by the Renter or commence with a claim for damages against the Renter.

TFG reserves the right to terminate this Agreement and cancel the Renter's access to the Device immediately, without notice, in the event that the Renter engages in conduct or usage that, in TFG's sole discretion, constitutes abuse or misuse of the Device in a manner that is not in the spirit of this Agreement or for any reason whatsoever in TFG's sole discretion.

TFG shall not be liable for any injury, loss, or damage (direct or indirect, consequential or otherwise) which the Renter or any third party may suffer due to their inability to use the Device due to:

1. a defect or malfunction in the Device as provided for in clause 9 hereof; or
2. the Device being locked in accordance with the provisions of clause 10 and 12 hereof.

TFG cannot be held responsible for anything that goes wrong or for TFG not performing any of its obligations or for any loss or harm the Renter suffers if it is caused by or results in, in whole or in part, anything beyond TFG's reasonable control (which includes acts of god, acts of parliament, government or administration authority, strikes, lockouts, riots, acts of war, acts of terrorism or unrest, earthquake, lightning, rain, flood, fire or explosion, interruption to power supplies, interruption to telecommunications services, global or local pandemics or any other thing outside of TFG's control).

At the end of the Rental Period, and provided that all outstanding Rental Payments under this Agreement have been paid in full:

1. The Renter must return the Device to TFG at their own (Renter's) cost in the original packaging, including all accessories (such as chargers). The Device must be handed to the store employee who will provide the Renter with a proof of return of the Device. If The Renter fails to return the Device, it will be locked until returned and TFG may invoke the breach procedures and rights as per clause 12 above.
2. If on return, it is determined that the Device has been damaged (fair wear and tear excluded), lost, stolen or destroyed during the Rental Period, the Renter will be liable for the market value of the Device which will be advised to the Renter.
3. If the Renter wants to purchase the Device from TFG at the end of the Rental Period, this purchase will be subject to a separate sale agreement being concluded between the Renter and TFG, and in such an event:
   1. The Renter will be charged a nominal fee, to be advised by TFG;
   2. Ownership of the Device will only pass to the Renter on payment of the nominal fee and conclusion of the sale agreement.

If the Renter fails to take any action, by the third (3rd) day of the month immediately following the end of the Rental Period, the Device will be locked, and the Renter will be liable to TFG for the market value of the Device as determined in line with paragraph 14.1.3 above.

Once the Renter returns the Device (in accordance with clause 14.1.1 above), TFG may, at its sole discretion, sell, lease, or otherwise dispose of the Device without any obligation to the Renter.

TFG and its service providers will be required to process the Renter's Personal Information for purposes of meeting their obligations in terms of this Agreement. TFG's Privacy Statement can be viewed at: https://help.bash.com/support/solutions/articles/101000494927-privacy-statement. The Privacy Statement sets out how personal information will be processed, and the Renter specifically agrees to the processing contained therein.

The Renter agrees that a credit bureau check will be performed prior to entering into the Rental Agreement as part of the assessment process. This check will be done by TFG's service providers.

From time of application and for as long as this Agreement subsists, the Renter expressly agrees that TFG and its service providers may collect and retain their Personal Information for the purposes of administering the Agreement.

In the event that the Renter returns the Device to TFG for any reason whatsoever, including for repair purposes, the Renter must erase all their personal information from the Device prior to returning it to TFG. If the Renter fails to erase their personal information from the Device, TFG will not be held responsible or liable for any loss, damage or unlawful access to the Personal Information which was not deleted from the Device.

TFG will send all notices and communication relating to the Agreement to the Device number, email address or physical address indicated in the Rental Schedule (the Renters “domicilium citandi et executandi” address) unless amended by the Renter by advising hiFlex Customer Support on the number provided in clause 17.2 below.

Legal notices may be sent to TFG at Stanley Lewis Centre, 340 Voortrekker Road, Parow East, 7500 (TFG's “domicilium executandi et citandi”).

Both Parties may give any notice to each other by hand or by email during normal business hours of TFG, at the receiving person's domicilium address. Unless the opposite is proved, an email will be presumed to have been received 24 (twenty-four) hours after the time that it was sent. A hand delivered notice will be presumed to have been received at the time of delivery.

Notwithstanding anything to the contrary contained in this Agreement, any notice given by TFG to the Renter that is received by the Renter will be adequate notice unless otherwise required by any provision of this Agreement.

By first visiting a TFG store and requesting store staff to assist the Renter to contact TFG's customer service centre as follows:

1. On 0860 834 834; or
2. Email: hiFlex Customer Support on hiflex.customersupport@tfg.co.za

If the Renter is unsatisfied with the settlement of a complaint, he/she may refer the complaint or dispute to the Consumer Goods and Services Ombud as follows: Telephone - 0860 000 272; E-mail - info@cgso.org.za / complaints@cgso.org.za; Website - www.cgso.org.za; or contact the National Consumer Commission as follows: Telephone - 012 428 7000 or 012 428 7726; E-mail - complaints@thencc.org.za; Website - www.thencc.gov.za

TFG may elect to cede, assign, transfer, delegate and make over any or all of its rights and obligations in terms of this Agreement to any other companies within The Foschini Group Limited or to any other person.

The Renter may not cede, assign, transfer, delegate or make over any of its rights and obligations to any other person.

TFG will monitor and record all customer support telephone calls and other interactions with the Renter.

This Agreement supersedes and replaces any other agreement, whether written or verbal, between TFG and the Renter regarding the matters contained in this Agreement.

No leniency or extension of time that TFG may show to the Renter from time to time, will in any way prejudice TFG or prevent it from exercising any of its rights or be regarded as a waiver of any of TFG's rights.

1. TFG's VAT registration number is: 4210187250.
2. VAT is charged on all Devices at the applicable rate.
3. The Agreement complies with the SARS Commissioner's direction under section 20(7) of the VAT Act as set out in Binding General Ruling (VAT) 27 (Issue 2).

This Rental Agreement does not constitute credit in terms of the National Credit Act of 2005.