1. Process, Administration & Payment

1.1. FinYou will provide electronic copies of the latest revision of the Customer application form; the Supplier must always ensure that the latest revisions are provided to Customers.

1.2. The Customer will complete an application for a product loan or layby transaction with assistance from the Supplier if required, after selecting the Products of interest provided by the Supplier.

1.3. In the event of a FinYou loan transaction or application The Supplier will forward a completed application to FinYou for processing and FinYou will submit same to the Financial Institution of FinYou’s choice;

1.4. In the event of an eLayby transaction or application The Merchant or the customer will forward a completed layby transaction application to eLayby for processing and account activation;

1.5. The Customer will be notified of the application status via SMS,phone or email;

1.6. If the loan application is approved, the Supplier is notified and must generate a compulsory invoice to FinYou;

1.7. On completing full payment of the layby purchase The Merchant is notified and must generate a compulsory invoice to eLayby;

1.8. FinYou and/or eLayby will settle the Supplier’s account for and on behalf of the Customer and the Products may then be released to the Customer;

1.9. The Customer will be required to repay the loan amount on terms to the Financial Institution that approved the application or in the case of a layby transaction the Customer will be required to pay the layby payments according to agreed terms as specified on contracted products or services and as per the terms of the merchant and eLayby;

1.10. The Supplier may at any stage access the FinYou online portal to generate and view a report on the loans generated and approved during the preceding calendar month.

1.10.1. Payment will be made by Electronic Funds Transfer (EFT).

1.10.2. Payment will be made to the Bank Account particulars as specifically set out by the Supplier in Annexure A;

1.10.3. If any changes occur to the Supplier’s bank and/or specific bank account particulars recorded in Annexure A, Supplier must give FinYou thirty (30) days’ prior written notice of such anticipated changes;

1.11. No payment will be made by FinYou or eLayby to the Supplier unless FinYou or eLayby has received authorisation to release the payment to the Supplier, from the Customer; which authorisation is obtained as follows:

1.11.1 Once the application is approved, FinYou and/or eLayby will generate an OTP which is sent to the Customer by SMS, before the Supplier’s Products are to be delivered to the Customer;

1.11.2 In the case of a loan The Customer is then required to supply this unique OTP to FinYou, which serves as the Customer’s confirmation of acceptance of the Financial Institution’s loan and authorization for FinYou to proceed with releasing the payment to the Supplier;

1.12. The Supplier may at any stage access the FinYou online portal to generate and view a report on the loans generated and approved during the preceding calendar month.

1.13. This report will be in a format agreed to by both parties, but will at its minimum requirement, contain the following information:

1.13.1 Names of Customers that have been processed;

1.13.2 Loan amount approved per Customer;

1.13.3 Loan amount paid to Supplier and date of payment.

2. SERVICE PROVIDER SUBSCRIPTION SERVICE FEE

2.1. The service provider will charge the Supplier a recurring monthly subscription fee for the utilization of FinYou, FinYou Commercial Finance and eLayby’s services of the basic package and systems by the Supplier.

2.1.1. R 350.00– 12-month contract (Including VAT)

2.2. The monthly subscription fee will be payable before the last calendar day of each month via Debit Order, authorised as per the particulars supplied by the Supplier in Annexure C hereto.

2.3. In the event that the elected account to be debited has insufficient funds, the service provider may track the account and re-present the instruction for payment as soon as sufficient funds are available); or the Supplier may settle the amount immediately via EFT.

2.4. In the event of non-payment, the service provider reserves the right to withhold any settlements to the merchant until the final settlement of outstanding costs has been recovered.

2.5. TRANSACTION SERVICE FEES

2.6. FinYou, FinYou Commercial Finance and eLayby will charge the Merchant a Success Fee of 5% excluding VAT on Completed and Settled loan, finance or Layby applications and transactions.

2.7.The applicable Success Fee payable to eLayby will be calculated on the completed and settled eLayby account.

2.8. eLayby and FinYou will only charge the fee in 2.6 on successfully concluded applications or transactions.

2.9. eLayby will retain the full fee amount and will pay the Merchant, on behalf of the Customer the layby amount (being the purchase price of the goods or services purchased by the customer) less the eLayby Fee.

2.10. If the customer chooses to withdraw funds prior to the successful conclusion of a transaction the client will be charged and settled net of the below fees as follows;

2.11.A Cancellation fee of 1% excluding VAT on the total purchase price, which will be shared equally between eLayby and the merchant will be charged to the client;

2.12.An eLayby management fee of 4% excluding VAT on the total cash balance in the customer account, which will be shared equally between eLayby and the merchant will be charged to the client.

2.13. A layby reversal administration fee of 1.5% on the original value of the purchase to be charged to the customer and withheld by eLayby.

2.14.The success fee of a transaction between the Merchant and FinYou Commercial Finance will be negotiated and determined on a transaction-by-transaction basis.

3. duration of agreement

3.1. Regardless of the date of signature of this Agreement, the parties record that this Agreement will endure for the period based on the selection of service plan for the period of twelve (12) months and will only terminate based on the cancellation of renewal as indicated in clause 3.2 hereunder.

3.2. In the event that the contracted period of twelve (12) months expires and the services were not cancelled with one (1) month’s written notice the contract will continue on a month-to-month basis for the specific service plan contracted in clause 2 above until one (1) month’s written notice has been provided.

3.3. In the event of either parties deciding not to extend the contract after the contracted period of twelve (12) months expires, the parties further record that either of them may cancel the extension of this agreement on one (1) month’s written notice prior to the end of the specific service plan contracted in clause 2.1 above:

3.3.1. The Debit Order mandate as per Annexure C requires twenty (20) ordinary working days’ notice for the Financial Institution to process cancellation, however the Supplier agrees that instruction to process such cancellation of mandate will only be submitted within the final month of the notice period contract, or the Supplier will be required to pay the Fee in respect of the cancellation period in advance; should the Debit Order Mandate be revoked prematurely.

3.4. In the event that a non-extension notice is received, FinYou will cease intake of all new loan applications from the Supplier; and all current and outstanding loans in the Supplier’s queue will be attended to and completed within the notice period.

3.5. In the event that the Agreement has been cancelled with one month’s written notice before the contracted twelve (12) months has expired the merchant will be liable for a 40% cancellation fee of the remaining initial contractual period’s value. This Cancellation fee will need to be paid by the merchant in full, once off, before the Agreement will be cancelled and the debit order being deducted monthly stopped.

4. NON-CIRCUMVENTION AND EXCLUSIVITY

4.1. The Supplier herewith undertakes and warrants in favour of the service provider that it will not, directly or indirectly, during the existence of this Agreement or for a period of three (3) months after notice of termination or cancellation of this Agreement hereunder:

4.1.1. utilise, solicit, engage or in any other manner whatsoever make use of the Services of a service provider and/or third party with similar services to those offered by the service provider.

4.1.2. contact, deal with or otherwise become involved with any service provider and/or third party with similar services or any other entities or parties introduced, directly or indirectly, by or through FinYou or its systems, its officers, directors, agents or associates; for the purpose of avoiding the payment to FinYou of profits, fees or otherwise; or

4.1.3. circumvent FinYou or the FinYou system in favour of obtaining similar services solicited directly from a Financial Institution which is a business partner of FinYou.

4.2. The Supplier agrees that it shall not use any advantages derivable from confidential information shared by FinYou regarding its system and/or business partners in its own business or affairs, without the specific written approval of FinYou.

5. CONSENT TO CREDIT CHECK

5.1. The Supplier hereby explicitly consents to FinYou supplying its particulars to a registered credit bureau, for the purpose of obtaining a credit check as allowed for in the NCA, and authorises FinYou or their elected agent to, at all times -

5.1.1. contact, request and obtain information from any credit or service provider (or potential credit or service provider) or registered credit bureau relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Supplier;

5.1.2. furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Supplier to any registered credit bureau or to any credit or service provider (or potential credit or service provider) seeking a trade reference regarding the Supplier’s dealings with FinYou.

6. DOMICILIUM CITANDI

6.1. The Parties choose as their domicilia citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the addresses set out herein below:

6.1.1. For FINYOU/ELAYBY OR FINYOU COMMERCIAL FINANCE

Address: Digicall Building B, 110 Conrad Dr (Corner Jan Smuts), Craighall Park, Johannesburg, 2196

Telephone: 0861 FINYOU (346968) Fax: 087 803 7423

E-mail:admin@finyou.com

6.1.2. For supplier

The Physical and Postal Address, Telephone, Facsimile, and E-mail particulars as specifically set out by the Supplier in Annexure A.

6.2. Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to give notice by telefax or email.

6.3. Any party may by notice to any other party change the physical address chosen as its domicilium citandi et executandi vis-à-vis that party to another physical address in South Africa or its telefax number: Provided that the change shall become effective vis-à-vis that addressee on the fifth (5th) business day from the deemed receipt of the notice by the addressee.

6.4. Any notice to a party may be:

6.4.1. hand delivered, in which case it will be deemed to be received on the day of delivery provided delivery took place on a business day, failing which it will be deemed to be received on the first following business day; or

6.4.2. mailed by pre-paid registered post, in which case it will be deemed to be received on the Seventh business day after date of posting, unless the contrary is proofed; or

6.4.3. transmitted by telefax, in which case it will be deemed to be received on the day it was transmitted provided it was sent on a business day, failing which it will be deemed to be received on the first following business day.

6.4.4. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

1. Process, Administration & Payment

1.1. FinYou will provide electronic copies of the latest revision of the Customer application form; the Supplier must always ensure that the latest revisions are provided to Customers.

1.2. The Customer will complete an application for a product loan or layby transaction with assistance from the Supplier if required, after selecting the Products of interest provided by the Supplier.

1.3. In the event of a FinYou loan transaction or application The Supplier will forward a completed application to FinYou for processing and FinYou will submit same to the Financial Institution of FinYou’s choice;

1.4. In the event of an eLayby transaction or application The Merchant or the customer will forward a completed layby transaction application to eLayby for processing and account activation;

1.5. The Customer will be notified of the application status via SMS,phone or email;

1.6. If the loan application is approved, the Supplier is notified and must generate a compulsory invoice to FinYou;

1.7. On completing full payment of the layby purchase The Merchant is notified and must generate a compulsory invoice to eLayby;

1.8. FinYou and/or eLayby will settle the Supplier’s account for and on behalf of the Customer and the Products may then be released to the Customer;

1.9. The Customer will be required to repay the loan amount on terms to the Financial Institution that approved the application or in the case of a layby transaction the Customer will be required to pay the layby payments according to agreed terms as specified on contracted products or services and as per the terms of the merchant and eLayby;

1.10. The Supplier may at any stage access the FinYou online portal to generate and view a report on the loans generated and approved during the preceding calendar month.

1.10.1. Payment will be made by Electronic Funds Transfer (EFT).

1.10.2. Payment will be made to the Bank Account particulars as specifically set out by the Supplier in Annexure A;

1.10.3. If any changes occur to the Supplier’s bank and/or specific bank account particulars recorded in Annexure A, Supplier must give FinYou thirty (30) days’ prior written notice of such anticipated changes;

1.11. No payment will be made by FinYou or eLayby to the Supplier unless FinYou or eLayby has received authorisation to release the payment to the Supplier, from the Customer; which authorisation is obtained as follows:

1.11.1 Once the application is approved, FinYou and/or eLayby will generate an OTP which is sent to the Customer by SMS, before the Supplier’s Products are to be delivered to the Customer;

1.11.2 In the case of a loan The Customer is then required to supply this unique OTP to FinYou, which serves as the Customer’s confirmation of acceptance of the Financial Institution’s loan and authorization for FinYou to proceed with releasing the payment to the Supplier;

1.12. The Supplier may at any stage access the FinYou online portal to generate and view a report on the loans generated and approved during the preceding calendar month.

1.13. This report will be in a format agreed to by both parties, but will at its minimum requirement, contain the following information:

1.13.1 Names of Customers that have been processed;

1.13.2 Loan amount approved per Customer;

1.13.3 Loan amount paid to Supplier and date of payment.

2. SERVICE PROVIDER SUBSCRIPTION SERVICE FEE

2.1. The service provider will charge the Supplier a recurring monthly subscription fee for the utilization of FinYou, FinYou Commercial Finance and eLayby’s services of the premium package and systems by the Supplier.

2.1.1. R 950.00– 12-month contract (Including VAT)

2.2. The monthly subscription fee will be payable before the last calendar day of each month via Debit Order, authorised as per the particulars supplied by the Supplier in Annexure C hereto.

2.3. In the event that the elected account to be debited has insufficient funds, the service provider may track the account and re-present the instruction for payment as soon as sufficient funds are available); or the Supplier may settle the amount immediately via EFT.

2.4. In the event of non-payment, the service provider reserves the right to withhold any settlements to the merchant until the final settlement of outstanding costs has been recovered.

2.5. TRANSACTION SERVICE FEES

2.6. FinYou, FinYou Commercial Finance and eLayby will charge the Merchant a Success Fee of 5% excluding VAT on Completed and Settled loan, finance or Layby applications and transactions.

2.7.The applicable Success Fee payable to eLayby will be calculated on the completed and settled eLayby account.

2.8. eLayby and FinYou will only charge the fee in 2.6 on successfully concluded applications or transactions.

2.9. eLayby will retain the full fee amount and will pay the Merchant, on behalf of the Customer the layby amount (being the purchase price of the goods or services purchased by the customer) less the eLayby Fee.

2.10. If the customer chooses to withdraw funds prior to the successful conclusion of a transaction the client will be charged and settled net of the below fees as follows;

2.11.A Cancellation fee of 1% excluding VAT on the total purchase price, which will be shared equally between eLayby and the merchant will be charged to the client;

2.12.An eLayby management fee of 4% excluding VAT on the total cash balance in the customer account, which will be shared equally between eLayby and the merchant will be charged to the client.

2.13. A layby reversal administration fee of 1.5% on the original value of the purchase to be charged to the customer and withheld by eLayby.

2.14.The success fee of a transaction between the Merchant and FinYou Commercial Finance will be negotiated and determined on a transaction-by-transaction basis.

3. duration of agreement

3.1. Regardless of the date of signature of this Agreement, the parties record that this Agreement will endure for the period based on the selection of service plan for the period of twelve (12) months and will only terminate based on the cancellation of renewal as indicated in clause 3.2 hereunder.

3.2. In the event that the contracted period of twelve (12) months expires and the services were not cancelled with one (1) month’s written notice the contract will continue on a month-to-month basis for the specific service plan contracted in clause 2 above until one (1) month’s written notice has been provided.

3.3. In the event of either parties deciding not to extend the contract after the contracted period of twelve (12) months expires, the parties further record that either of them may cancel the extension of this agreement on one (1) month’s written notice prior to the end of the specific service plan contracted in clause 2.1 above:

3.3.1. The Debit Order mandate as per Annexure C requires twenty (20) ordinary working days’ notice for the Financial Institution to process cancellation, however the Supplier agrees that instruction to process such cancellation of mandate will only be submitted within the final month of the notice period contract, or the Supplier will be required to pay the Fee in respect of the cancellation period in advance; should the Debit Order Mandate be revoked prematurely.

3.4. In the event that a non-extension notice is received, FinYou will cease intake of all new loan applications from the Supplier; and all current and outstanding loans in the Supplier’s queue will be attended to and completed within the notice period.

3.5. In the event that the Agreement has been cancelled with one month’s written notice before the contracted twelve (12) months has expired the merchant will be liable for a 40% cancellation fee of the remaining initial contractual period’s value. This Cancellation fee will need to be paid by the merchant in full, once off, before the Agreement will be cancelled and the debit order being deducted monthly stopped.

4. NON-CIRCUMVENTION AND EXCLUSIVITY

4.1. The Supplier herewith undertakes and warrants in favour of the service provider that it will not, directly or indirectly, during the existence of this Agreement or for a period of three (3) months after notice of termination or cancellation of this Agreement hereunder:

4.1.1. utilise, solicit, engage or in any other manner whatsoever make use of the Services of a service provider and/or third party with similar services to those offered by the service provider.

4.1.2. contact, deal with or otherwise become involved with any service provider and/or third party with similar services or any other entities or parties introduced, directly or indirectly, by or through FinYou or its systems, its officers, directors, agents or associates; for the purpose of avoiding the payment to FinYou of profits, fees or otherwise; or

4.1.3. circumvent FinYou or the FinYou system in favour of obtaining similar services solicited directly from a Financial Institution which is a business partner of FinYou.

4.2. The Supplier agrees that it shall not use any advantages derivable from confidential information shared by FinYou regarding its system and/or business partners in its own business or affairs, without the specific written approval of FinYou.

5. CONSENT TO CREDIT CHECK

5.1. The Supplier hereby explicitly consents to FinYou supplying its particulars to a registered credit bureau, for the purpose of obtaining a credit check as allowed for in the NCA, and authorises FinYou or their elected agent to, at all times -

5.1.1. contact, request and obtain information from any credit or service provider (or potential credit or service provider) or registered credit bureau relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Supplier;

5.1.2. furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Supplier to any registered credit bureau or to any credit or service provider (or potential credit or service provider) seeking a trade reference regarding the Supplier’s dealings with FinYou.

6. DOMICILIUM CITANDI

6.1. The Parties choose as their domicilia citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the addresses set out herein below:

6.1.1. For FINYOU/ELAYBY OR FINYOU COMMERCIAL FINANCE

Address: Digicall Building B, 110 Conrad Dr (Corner Jan Smuts), Craighall Park, Johannesburg, 2196

Telephone: 0861 FINYOU (346968) Fax: 087 803 7423

E-mail:admin@finyou.com

6.1.2. For supplier

The Physical and Postal Address, Telephone, Facsimile, and E-mail particulars as specifically set out by the Supplier in Annexure A.

6.2. Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to give notice by telefax or email.

6.3. Any party may by notice to any other party change the physical address chosen as its domicilium citandi et executandi vis-à-vis that party to another physical address in South Africa or its telefax number: Provided that the change shall become effective vis-à-vis that addressee on the fifth (5th) business day from the deemed receipt of the notice by the addressee.

6.4. Any notice to a party may be:

6.4.1. hand delivered, in which case it will be deemed to be received on the day of delivery provided delivery took place on a business day, failing which it will be deemed to be received on the first following business day; or

6.4.2. mailed by pre-paid registered post, in which case it will be deemed to be received on the Seventh business day after date of posting, unless the contrary is proofed; or

6.4.3. transmitted by telefax, in which case it will be deemed to be received on the day it was transmitted provided it was sent on a business day, failing which it will be deemed to be received on the first following business day.

6.4.4. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

1. Process, Administration & Payment

1.1. Elayby will provide electronic copies of the latest revision of the Customer application form; the Merchant must always ensure that the latest revisions are provided to Customers.

1.2. The Customer will complete an application for a product and/or service purchase via the Elayby platform with assistance from the Merchant, after selecting the Products of interest provided by the Merchant.

1.3. The Merchant or the customer will forward a completed application to Elayby for processing and account activation;

1.4. The Customer will be notified of the application status via phone and email;

1.5. The merchant will also be notified of the application activation by the customer via email and via phone;

1.6. On completing full payment of the layby purchase. The Merchant is notified and must generate a compulsory invoice to Elayby;

1.7. Elayby will settle the Merchant’s account for and on behalf of the Customer after and the Products may then be released to the Customer;

1.8. The Customer will be required to pay the layby according to agreed terms as specified on contracted products or services and as per the terms of the merchant and Elayby;

1.9. Payment of the approved layby, less Elayby Fee will be made by Elayby to Merchant, on behalf of the Customer.

1.9.1. Payment will be made by Electronic Funds Transfer (EFT).

1.9.2. Payment will be made to the Bank Account particulars as specifically set out by the Merchant in Annexure A;

1.9.3. If any changes occur to the Merchant’s bank and/or specific bank account particulars recorded in Annexure A, Merchant must give Elayby thirty (30) days’ prior written notice of such anticipated changes;

1.10. No payment will be made by Elayby to the Merchant unless Elayby has received authorisation to release the payment to the Merchant, from the Customer; which authorisation is obtained as follows:

1.10.1 Once the Elayby is paid in full by the customer, the Elayby Services team will contact the Customer by phone to authorise the payment, before the Merchant’s Products are to be delivered to the Customer;

1.10.2 In the event that the merchant has sold the goods or the goods are no longer available that was linked to the layby purchase of the customer, it is the responsibility of the merchant to ensure that a product that is at least similar to the initial purchased product be made available for the customer on completion of the layby transaction

1.11. The Merchant may at any stage request a report to view active Elayby clients during the preceding calendar month.

1.12. This report will be in a format agreed to by both parties, but will at its minimum requirement, contain the following information:

1.12.1 Names of Customers that have been processed;

1.12.2 Layby amount balance per Customer;

1.12.3 Layby Settlement paid to Merchant and date of payment.

2. ELAYBY’S SERVICE FEES

2.1. Elayby will charge the Merchant a Success Fee of 5% excluding VAT on Completed and Settled applications.

2.2. The applicable Success Fee payable to Elayby will be calculated on the completed and settled Elayby account.

2.3. Elayby will only charge the fee in 2.1 on successfully concluded applications.

2.4. Elayby will retain the full fee amount and will pay the Merchant, on behalf of the Customer the layby amount (being the purchase price of the goods or services purchased by the customer) less the Elayby Fee.

2.5. If the customer chooses to withdraw funds prior to the successful conclusion of a transaction the client will be charged and settled net of the below fees as follows;

2.6. A Cancellation fee of 1% excluding VAT on the total purchase price, which will be shared equally between Elayby and the merchant will be charged to the client;

2.7. An Elayby management fee of 4% excluding VAT on the total cash balance in the customer account, which will be shared equally between Elayby and the merchant will be charged to the client

2.8. A layby reversal administration fee of 1.5% on the original value of the purchase to be charged to the customer and withheld by Elayby.

3. Duration of agreement

3.1. Regardless of the date of signature of this Agreement, the parties record that this Agreement will endure for the period based on the selection of service plan for the period of Twenty Four (24) months and will only terminate based on the cancellation of renewal as indicated in clause 3.2 hereunder.

3.2. In the event of either parties deciding not to extend the contract after the contracted period of twenty four (24) months expires, the parties further record that either of them may cancel the extension of this agreement on three (3) months’ written notice prior to the end of the specific service plan contracted in clause 3.1 above:

3.3. In the event that a non-extension notice is received on an official company letterhead, Elayby will cease intake of all new layby applications from the Merchant; and all current and outstanding loans in the Merchant’s queue will be attended to and completed within the notice period.

4. Non-circumvenntion and exclusivity

4.1. The Merchant herewith undertakes and warrants in favour of Elayby that it will not, directly or indirectly, during the existence of this Agreement or for a period of three (3) months after notice of termination or cancellation of this Agreement hereunder:

4.1.1. utilise, solicit, engage or in any other manner whatsoever make use of the Services of a service provider and/or third party with similar services to those offered by Elayby.

4.1.2. contact, deal with or otherwise become involved with any service provider and/or third party with similar services or any other entities or parties introduced, directly or indirectly, by or through Elayby or its systems, its officers, directors, agents or associates; for the purpose of avoiding the payment to Elayby of profits, fees or otherwise; or

4.1.3. circumvent Elayby or the Elayby system in favour of obtaining similar services solicited directly from a Financial Institution which is a business partner of Elayby.

4.2. The Merchant agrees that it shall not use any advantages derivable from confidential information shared by Elayby regarding its system and/or business partners in its own business or affairs, without the specific written approval of Elayby.

5. Layby in respect of merchant products

5.1. The Merchant confirms its agreement and understanding that Elayby cannot guarantee the payment performance of any layby application submitted by a Customer of the Merchant.

5.2.It is agreed that the layby payment of any product or service remains in the sole discretion of the consumer’s capability and affordability to complete the total layby payment in according to term agreed.

5.3.The Merchant, its agents, employees and/or franchisees will actively promote the Services of Elayby to its Customers. Elayby in return will promote the Merchant services and products.

5.4.The Merchant herewith grants Elayby the first right of refusal to develop loyalty programmes and other added services, jointly with the Merchant. Elayby has the right to position the portal for marketing and sales purposes at Elayby’s discretion

6. PROTECTION OF PERSONAL INFORMATION (POPI) ACT

6.1. For the purpose of processing a layby application and activating the customer account (through automated or non- automated means) Elayby requires certain mandatory personal information from the Merchant Customers, as required in the application of a layby for products or services.

6.2. The primary purpose of collecting a Customer’s personal information is to activate the customer’s layby account and manage the service thereof during the layby payment term.

6.3. Elayby undertakes to process personal information of the Merchant Customers only insofar as it is adequate, relevant and not excessive given the purpose for which it is processed, being the Customer’s layby application.

6.4. Elayby will however further process and retain the Customer’s personal information for its records in the event of any return, refund, repair, exchange or other query regarding the layby, for the full term of the layby.

6.5. A Customer may elect to opt-in to receive promotional or marketing material or offers to supply products or services from Elayby or its business partners, or to object to the processing of their personal information for this purpose.

6.6. Elayby undertakes to comply with all prescribed information processing principles as set out in Chapter 3 of the POPI Act.

6.7. Elayby undertakes to secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent

6.7.1. 6.7.1. loss of, damage to or unauthorised destruction of the personal information; and

6.7.1. 6.7.2. unlawful access to or processing of the personal information.

6.8. Where the Merchant assists Elayby in obtaining the necessary personal information directly from the Customer; the Merchant undertakes to ensure that the Customer is informed of the reasons for the personal information being collected, and to ensure that Customers are made aware of their rights in terms of section 5 of the POPI Act in respect of their personal information as data subjects.

6.9. The Merchant agrees to take all reasonable steps to assist Elayby in ensuring that the personal information is complete, accurate, not misleading and updated where necessary, taking into account the purposes for which it was collected.

6.10. Where any of the personal information that is collected for the layby application; is processed, stored or retained by the Merchant, Elayby requires the Merchant to adopt its own measures to ensure security, integrity and confidentiality in compliance with the POPI Act.

7. domicilium citandi

7.1. The Parties choose as their domicilia citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the addresses set out herein below:

7.1.1. For ELAYBY

Address: Platinum House, 24 Sturdee Avenue, Rosebank, Johannesburg, 2196

Postal: PO Box 272, Ruimsig, 1732

Telephone: 011 051 2005 Fax: 087 803 7423

E-mail: info@Elayby.co.za

7.1.2. For merchant

The Physical and Postal Address, Telephone, Facsimile, and E-mail particulars as specifically set out by the Merchant in Annexure A.

7.2. Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to give notice by telefax.

7.3. Any party may by notice to any other party change the physical address chosen as its domicilium citandi et executandi vis-à-vis that party to another physical address in South Africa or its telefax number: Provided that the change shall become effective vis-à-vis that addressee on the fifth (5th) business day from the deemed receipt of the notice by the addressee.

7.4. Any notice to a party may be:

7.4.1. hand delivered, in which case it will be deemed to be received on the day of delivery provided delivery took place on a business day, failing which it will be deemed to be received on the first following business day; or

7.4.2. mailed by pre-paid registered post, in which case it will be deemed to be received on the Seventh business day after date of posting, unless the contrary is proofed; or

7.4.3. transmitted by telefax, in which case it will be deemed to be received on the day it was transmitted provided it was sent on a business day, failing which it will be deemed to be received on the first following business day.

7.4.4. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

1. The CPA provides that a Customer may return goods to the Supplier and receive a full refund of any consideration paid for those Goods under certain conditions. A Customer’s right to return Goods and receive a refund in terms of the CPA section 20(2) will however not apply with respect to any Goods if—

1.1. for reasons of public health or otherwise, a public regulation prohibits the return of those Goods to a Supplier once they have been supplied to, or at the direction of, a Customer; or

1.2. after having been supplied to, or at the direction of, the Customer, the Goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to.

2. In the event that any refund is required, the Supplier undertakes to refund the full Purchase Price or the relevant portion of the Purchase Price (where applicable) to FinYou or to the relevant Financial Institution in accordance with the stipulated provisions hereunder in order to settle that part of the Customer’s loan that formed the Purchase Price.

3. In order to give effect hereto, the Supplier shall procure that the Customer notifies the Supplier forthwith should any of the circumstances contemplated in this Annexure D occur in relation to the Customer or any Goods.

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