TERMS AND CONDITIONS OF BROKER & VENDOR APPLICATION
TRADE REFERENCE & CREDIT BUREAU CONSENT
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By acceptance of the terms and conditions hereof, the Applicant confirms (in the event of a juristic entity or trust) and declares that the representative making application herein is duly authorised and holds the necessary authority to represent and bind the Company, Close Corporation, Association or Trust toward Redtree Capital (Pty) Ltd ("Redtree") and further indemnifies and holds Redtree harmless against any loss or damage suffered as a result of such person not being duly authorised.
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The Applicant consents to and agrees that Redtree or their cessionary/ies shall on acceptance of these terms and conditions, be permitted to make all necessary enquiries into the Applicant's credit records and trade references with any credit reference agency or with any third party to confirm the details provided to Redtree. The Applicant further agrees and confirms that such consent shall apply in every respect to every director, shareholder, member and/or associate of the Applicant as well as any affiliates, subsidiaries and/or related companies of the Applicant. On acceptance of the terms and conditions hereof, the Applicant indemnifies and holds Redtree and their cessionary/ies harmless against any claim that may be made against Redtree or their cessionary/ies by any director, shareholder, member and/or associate or affiliate and/or subsidiary of the applicant by virtue of this consent.
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The Applicant unequivocally authorises Redtree or its cessionary/ies to contact and request information from any persons, credit bureaus or businesses, including those mentioned in this Application form, from time to time, and to obtain any information relevant to the Applicant's credit assessment including, but not limited to, information regarding the amounts purchased from suppliers per month, the length of time the Applicant has dealt with such supplier, the type of goods or services purchased and the manner and time of payment.
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The Applicant understands that the information supplied herein together with any supporting documents is to be used by Redtree for the purposes of assessing the Applicant's credit and supplier history. The Applicant confirms that the information provided is both accurate and complete. The Applicant further agrees to update the information supplied, as and when necessary, in order to ensure and maintain the accuracy of such information. Redtree shall not be responsible for any inaccuracies or misrepresentation.
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The Applicant agrees that any information given in confidence to Redtree by any third party or credit agency in respect of the Applicant will not be disclosed to the Applicant but shall be treated as confidential and used for purposes of assessing the Application.
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The Applicant consents to and authorises Redtree to furnish personal and credit information concerning the Applicant's dealings with Redtree to any credit bureau or third party seeking a trade reference regarding the Applicant in its dealings with Redtree.
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The Applicant further authorises Redtree to list the Applicant in the event of default with any credit bureau at the sole discretion of Redtree.
ELECTRONIC SIGNATURE
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The Applicant acknowledges that Redtree aims to operate in a paperless environment and that this Application shall be completed electronically as far as reasonably possible. Accordingly, the Applicant accepts that if the terms and conditions contained herein have been accepted with an electronic signature, mark or digital acceptance, then the parties hereto consent and agree to the use of such electronic signature pursuant to the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), as amended or re-enacted from time to time.
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The Applicant acknowledges and agrees that acceptance hereof may be executed by electronic signature, which signature shall serve as verification of the parties' identity and their intention to sign and accept the document. The electronic signature shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, "electronic signature" as defined in Section 1 of ECTA shall include electronically scanned and transmitted versions of an original signature which was intended by the Applicant to serve as a signature.
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The Applicant acknowledges that Redtree is hereby authorised to rely upon and accept, as an original, any document or other communication which is provided to Redtree by electronic transmission ("communication") and which Redtree in good faith believes has been signed and accepted by the Applicant and has been delivered to Redtree. Notwithstanding the aforegoing, Redtree shall not be obliged to accept any such communication as an original and may in any instance, and at their sole discretion, require that an original document be submitted in lieu of, or in addition to, any such communication.
FINANCIAL INTELLIGENCE CENTRE ACT (FICA)
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The Applicant acknowledges that Redtree is obliged as an accountable institution and is required to identify the Applicant as required by the Financial Intelligence Centre Act No 38 of 2001 ("FICA"). The Applicant therefore consents to Redtree carrying out identity and fraud prevention checks and the sharing of information relating to this application through the South African Fraud Prevention Service.
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All information collected will be processed and used in terms of FICA.
PROTECTION OF PERSONAL INFORMATION
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In terms of the Protection of Personal Information Act 4 of 2013 ("POPIA") Redtree and/or its Cessionary/ies are obliged to obtain the Applicant's consent to process all personal information of the Applicant as defined within POPIA ("the personal information").
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Accordingly, the Applicant expressly consents and agrees, insofar as it may be necessary, that Redtree and/or its Cessionary/ies may:
- Make enquiries of whatever nature with any third party, including but not limited to credit bureaus, the Companies and Intellectual Property Commission and any other public information platforms to confirm and verify any personal information received from the Applicant; its affiliates; and/or related companies and subsidiaries where relevant and to conduct the necessary credit vetting and or trade referencing.
- Collect and process such personal information for purposes of considering the Application and entering into any further agreements with the Applicant;
- Carry out all necessary actions for the conclusion or performance of a contract or facility to be granted to the Applicant;
- Make necessary enquiries and report any information in the prevention, protection and reporting of fraud and criminal activities including money laundering activities;
- Collect, process and report any information in compliance with any legal obligation.
- Process and submit information to any person providing services to or requiring services from, a representative, agent or supplier of Redtree and/or its cessionary/ies;
- Retain and utilize the personal information for credit record and scoring purposes as well as any marketing to and business opportunities with related entities of Redtree and/or its cessionary/ies.
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The Applicant declares that all of the Applicant's directors/members/partners/trustees, affiliates and/or subsidiaries and related companies etc. have given written consent to the Applicant for Redtree and/or its cessionary/ies to obtain their individual credit information and make enquiries into their credit profiles and trade history for purposes of this application and the resultant agreement.
CERTIFICATE
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The Applicant hereby certifies that the information provided herewith is correct and the Applicant further declares that it is not aware of any matters or circumstances which have not been disclosed to Redtree which might influence its consideration of this application.
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The Applicant certifies that there are no writs, summonses, judgments, petitions, winding up orders or pending applications for liquidation or threatened against the Applicant or its directors/shareholders.
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The Applicant warrants that the Annual Turnover and/or Net Asset Value as stated is true and correct and acknowledges that Redtree has relied on such warranty in determining the legal framework of the facility.
TRADE REFERENCE & CREDIT BUREAU CONSENT
- By acceptance of the terms and conditions hereof, the Applicant confirms (in the event of a juristic entity or trust) and declares that the representative making application herein is duly authorised and holds the necessary authority to represent and bind the Company, Close Corporation, Association or Trust toward Redtree Capital (Pty) Ltd ("Redtree") and further indemnifies and holds Redtree harmless against any loss or damage suffered as a result of such person not being duly authorised.
- The Applicant consents to and agrees that Redtree or their cessionary/ies shall on acceptance of these terms and conditions, be permitted to make all necessary enquiries into the Applicant's credit records and trade references with any credit reference agency or with any third party to confirm the details provided to Redtree. The Applicant further agrees and confirms that such consent shall apply in every respect to every director, shareholder, member and/or associate of the Applicant as well as any affiliates, subsidiaries and/or related companies of the Applicant. On acceptance of the terms and conditions hereof, the Applicant indemnifies and holds Redtree and their cessionary/ies harmless against any claim that may be made against Redtree or their cessionary/ies by any director, shareholder, member and/or associate or affiliate and/or subsidiary of the applicant by virtue of this consent.
- The Applicant unequivocally authorises Redtree or its cessionary/ies to contact and request information from any persons, credit bureaus or businesses, including those mentioned in this Application form, from time to time, and to obtain any information relevant to the Applicant's credit assessment including, but not limited to, information regarding the amounts purchased from suppliers per month, the length of time the Applicant has dealt with such supplier, the type of goods or services purchased and the manner and time of payment.
- The Applicant understands that the information supplied herein together with any supporting documents is to be used by Redtree for the purposes of assessing the Applicant's credit and supplier history. The Applicant confirms that the information provided is both accurate and complete. The Applicant further agrees to update the information supplied, as and when necessary, in order to ensure and maintain the accuracy of such information. Redtree shall not be responsible for any inaccuracies or misrepresentation.
- The Applicant agrees that any information given in confidence to Redtree by any third party or credit agency in respect of the Applicant will not be disclosed to the Applicant but shall be treated as confidential and used for purposes of assessing the Application.
- The Applicant consents to and authorises Redtree to furnish personal and credit information concerning the Applicant's dealings with Redtree to any credit bureau or third party seeking a trade reference regarding the Applicant in its dealings with Redtree.
- The Applicant further authorises Redtree to list the Applicant in the event of default with any credit bureau at the sole discretion of Redtree.
ELECTRONIC SIGNATURE
- The Applicant acknowledges that Redtree aims to operate in a paperless environment and that this Application shall be completed electronically as far as reasonably possible. Accordingly, the Applicant accepts that if the terms and conditions contained herein have been accepted with an electronic signature, mark or digital acceptance, then the parties hereto consent and agree to the use of such electronic signature pursuant to the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), as amended or re-enacted from time to time.
- The Applicant acknowledges and agrees that acceptance hereof may be executed by electronic signature, which signature shall serve as verification of the parties' identity and their intention to sign and accept the document. The electronic signature shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, "electronic signature" as defined in Section 1 of ECTA shall include electronically scanned and transmitted versions of an original signature which was intended by the Applicant to serve as a signature.
- The Applicant acknowledges that Redtree is hereby authorised to rely upon and accept, as an original, any document or other communication which is provided to Redtree by electronic transmission ("communication") and which Redtree in good faith believes has been signed and accepted by the Applicant and has been delivered to Redtree. Notwithstanding the aforegoing, Redtree shall not be obliged to accept any such communication as an original and may in any instance, and at their sole discretion, require that an original document be submitted in lieu of, or in addition to, any such communication.
FINANCIAL INTELLIGENCE CENTRE ACT (FICA)
- The Applicant acknowledges that Redtree is obliged as an accountable institution and is required to identify the Applicant as required by the Financial Intelligence Centre Act No 38 of 2001 ("FICA"). The Applicant therefore consents to Redtree carrying out identity and fraud prevention checks and the sharing of information relating to this application through the South African Fraud Prevention Service.
- All information collected will be processed and used in terms of FICA.
PROTECTION OF PERSONAL INFORMATION
- In terms of the Protection of Personal Information Act 4 of 2013 ("POPIA") Redtree and/or its Cessionary/ies are obliged to obtain the Applicant's consent to process all personal information of the Applicant as defined within POPIA ("the personal information").
-
Accordingly, the Applicant expressly consents and agrees, insofar as it may be necessary, that Redtree and/or its Cessionary/ies may:
- Make enquiries of whatever nature with any third party, including but not limited to credit bureaus, the Companies and Intellectual Property Commission and any other public information platforms to confirm and verify any personal information received from the Applicant; its affiliates; and/or related companies and subsidiaries where relevant and to conduct the necessary credit vetting and or trade referencing.
- Collect and process such personal information for purposes of considering the Application and entering into any further agreements with the Applicant;
- Carry out all necessary actions for the conclusion or performance of a contract or facility to be granted to the Applicant;
- Make necessary enquiries and report any information in the prevention, protection and reporting of fraud and criminal activities including money laundering activities;
- Collect, process and report any information in compliance with any legal obligation.
- Process and submit information to any person providing services to or requiring services from, a representative, agent or supplier of Redtree and/or its cessionary/ies;
- Retain and utilize the personal information for credit record and scoring purposes as well as any marketing to and business opportunities with related entities of Redtree and/or its cessionary/ies.
- The Applicant declares that all of the Applicant's directors/members/partners/trustees, affiliates and/or subsidiaries and related companies etc. have given written consent to the Applicant for Redtree and/or its cessionary/ies to obtain their individual credit information and make enquiries into their credit profiles and trade history for purposes of this application and the resultant agreement.
CERTIFICATE
- The Applicant hereby certifies that the information provided herewith is correct and the Applicant further declares that it is not aware of any matters or circumstances which have not been disclosed to Redtree which might influence its consideration of this application.
- The Applicant certifies that there are no writs, summonses, judgments, petitions, winding up orders or pending applications for liquidation or threatened against the Applicant or its directors/shareholders.
- The Applicant warrants that the Annual Turnover and/or Net Asset Value as stated is true and correct and acknowledges that Redtree has relied on such warranty in determining the legal framework of the facility.