Terms & Conditions

1 Definitions & Interpretation

In these Terms & Conditions, unless the context indicates otherwise:

2 About BluCross Capital

BluCross Capital is a registered credit provider operating under the supervision of the National Credit Regulator (NCR). We provide responsible, transparent, and affordable short-term credit products exclusively to South African residents. We are committed to the principles of responsible lending as set out in the NCA and to fair treatment of consumers as required by the CPA.

3 Eligibility Requirements

To qualify for a loan with BluCross Capital, you must meet all of the following requirements at the time of application:

4 Application Process

You may apply for a loan through the following channels:

Required Documents:

• Valid South African ID document or valid passport
• Latest bank statement (not older than 3 days) in PDF format
• Proof of income (payslip, grant confirmation letter)
• Proof of residential address (where required)

Application Stages:

5 National Credit Act (NCA) Compliance

BluCross Capital is registered with the National Credit Regulator (NCR) as a credit provider under the National Credit Act 34 of 2005. The NCA governs all our credit agreements and affords you the following statutory protections:

6 Loan Products & Amounts

BluCross Capital offers short-term consumer credit products as defined under the NCA. The following general parameters apply:

All amounts, terms and conditions are subject to change and will be confirmed in the Pre-Agreement Statement and Quotation provided before signing. BluCross Capital reserves the right to amend product offerings in accordance with applicable legislation.

7 Fees, Interest Rates & Charges

All fees and interest rates are governed by and capped in terms of the National Credit Act 34 of 2005 and the National Credit Regulations. The following charges may apply:

8 FAIS Disclosure — Financial Services Provider

In terms of the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS Act), BluCross Capital discloses the following:

9 FIC / FICA Compliance — Anti-Money Laundering

BluCross Capital is an Accountable Institution in terms of Schedule 1 of the Financial Intelligence Centre Act 38 of 2001 (FIC Act), as amended by the FIC Amendment Act 1 of 2017. We are subject to the supervision of the Financial Intelligence Centre (FIC) and are required to:

By applying for a loan, you consent to us conducting identity verification, screening against sanctions lists, and performing all required due diligence under FICA. Failure to provide required information may result in us being unable to process your application or maintain the business relationship.

10 Loan Agreement & Disbursement

• Upon approval, you will receive a formal offer in the form of a Pre-Agreement Statement and Quotation (Form 20). You must review this document carefully before accepting.
• The Credit Agreement comes into effect only once you have signed it (digitally or in person) and we have accepted it. Signing constitutes your full and informed consent.
• Funds are disbursed electronically to the bank account you provided and verified. We do not disburse funds in cash.
• You must ensure your bank account details are correct. We accept no liability for funds disbursed to an incorrectly provided account.
• Disbursement typically occurs on the same business day that the agreement is signed and verified, subject to banking cut-off times.
• All amounts drawn under the Credit Agreement are subject to the terms, conditions, fees and interest rates set out in the agreement.

11 Repayment Obligations

• You are required to repay the full amount outstanding (including principal, interest, and fees) on or before the Repayment Date specified in your credit agreement.
• Repayments are typically collected by debit order from your designated bank account. You authorise us to debit your account on the agreed repayment date.
• It is your responsibility to ensure sufficient funds are available in your account on the repayment date. A returned debit order may result in additional bank charges, late payment fees, and adverse credit bureau reporting.
• You may settle your loan early at any time. Early settlement may attract an early settlement fee as permitted by and capped under section 125 of the NCA.
• All repayments must be in South African Rand (ZAR). We do not accept payment in foreign currency.
• If you wish to make a manual payment or settle ahead of schedule, contact us at 067 474 2000 or admin@blucrosscapital.com.

12 Default & Consequences

You will be in default if you:

• Fail to make any payment when due;
• Provide false or misleading information in your application;
• Fail to maintain your bank account in good standing;
• Become subject to debt review, sequestration, or administration; or
• Breach any material term of the Credit Agreement.

Consequences of Default:

If you are struggling to repay, please contact us urgently. We will consider reasonable payment arrangements in accordance with the NCA. You also have the right to apply for debt review through a registered debt counsellor under NCA section 86.

13 Right of Cancellation (NCA Section 121)

In terms of section 121 of the National Credit Act, you have the right to cancel a credit agreement within a cooling-off period under certain conditions:

• The right of cancellation applies to certain categories of credit agreements as specified in the NCA.
• To cancel, you must notify us in writing at admin@blucrosscapital.com and simultaneously return or repay the full amount disbursed.
• If the loan has already been disbursed to your bank account, you must repay the principal amount in full within the 5-business-day period.
• Cancellation after the cooling-off period constitutes early settlement under section 125 of the NCA and may attract the prescribed early termination fee.

14 Client Responsibilities & Conduct

By using our services, you undertake to:

15 System & Account Security

Your client portal account is personal and non-transferable. You are responsible for:

• Keeping your password and login credentials strictly confidential — never share them with anyone.
• Logging out of your account after each session, especially on shared devices.
• Using a strong, unique password and updating it regularly.
• Notifying us immediately at admin@blucrosscapital.com or 067 474 2000 if you suspect your account has been compromised.
• Not accessing our systems through automated bots, scrapers, or unauthorised scripts.

BluCross Capital implements technical security measures including TLS/SSL encryption, secure session management, and CSRF protection. However, no online system is completely immune to security threats. We accept no liability for losses resulting from your failure to maintain the confidentiality of your login credentials.

16 Our Rights & Remedies

Subject to the provisions of the NCA and applicable law, BluCross Capital reserves the right to:

• Decline any application without being obliged to provide reasons, subject to NCA obligations.
• Conduct credit checks and affordability assessments using registered credit bureaux and third-party verification services.
• Suspend or terminate your client portal account if you are in default, found to have submitted fraudulent information, or in breach of these terms.
• Amend our products, services, and these Terms & Conditions with reasonable notice to you.
• Assign or cede our rights under a credit agreement to a third party, subject to NCA requirements and notification to you.
• Take all legally available steps to recover outstanding amounts in the event of default.

17 Limitation of Liability

To the maximum extent permitted by law:

• BluCross Capital's total liability to you for any claim arising from these Terms or the use of our services shall not exceed the total amount of fees paid by you to us in the 3 months preceding the claim.
• We are not liable for any indirect, consequential, special, or punitive damages arising from your use of our services.
• We are not liable for delays or failures in service delivery caused by circumstances beyond our reasonable control (force majeure), including load shedding, banking system downtime, or natural disasters.
• We are not responsible for any loss arising from your failure to maintain the confidentiality of your account credentials.

Nothing in this clause limits our liability for fraud, gross negligence, or any liability that cannot be lawfully excluded under South African consumer protection legislation including the NCA and CPA.

18 Confidentiality

Both parties agree to keep confidential all information shared in connection with the credit agreement, including application details, financial information, and communication records, except where disclosure is:

• Required by law or a regulatory authority (NCR, FIC, SARS, courts);
• Necessary to credit bureaux for reporting purposes under the NCA;
• Necessary for debt collection or legal proceedings;
• Made with your explicit written consent; or
• Already lawfully in the public domain.

The handling of your personal information is governed by our Privacy Policy and POPIA. Our staff are contractually bound to maintain confidentiality of all client information.

19 Amendments & Updates

• We may update these Terms & Conditions from time to time to reflect regulatory changes, product updates, or improvements to our services.
• Material changes will be communicated via our website and/or direct notice to registered clients.
• The version of these Terms in force at the time of your application governs your credit agreement.
• Changes to terms of an existing credit agreement will be communicated as required by the NCA — we will not unilaterally increase fees or interest rates on an existing agreement except as permitted by law.
• Your continued use of our services after notice of changes constitutes acceptance of the updated Terms.

20 Governing Law & Jurisdiction

• These Terms & Conditions and all credit agreements are governed by and must be interpreted in accordance with the laws of the Republic of South Africa.
• The primary legislation governing our lending activities includes: the National Credit Act 34 of 2005, the FAIS Act 37 of 2002, the FIC Act 38 of 2001, POPIA 4 of 2013, the Consumer Protection Act 68 of 2008, and the Electronic Communications and Transactions Act 25 of 2002.
• Any dispute will be subject to the jurisdiction of a competent South African court or regulatory tribunal, including the National Consumer Tribunal (NCT) for NCA-related disputes.

21 Dispute Resolution

We are committed to resolving disputes quickly and fairly. The following process applies:

22 General Provisions

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision for any subsequent occasion.
• Entire Agreement: These Terms, together with the applicable credit agreement and pre-agreement statement, constitute the entire agreement between you and BluCross Capital regarding the services described.
• Electronic Communications: In terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), electronic communications between us are valid and binding. Digital signatures and electronic acceptance of terms are legally effective.
• Language: These Terms are in English. In the event of any dispute as to meaning, the English version is authoritative.
• Notices: All formal notices must be in writing. Notices to us must be sent to admin@blucrosscapital.com. Notices to you will be sent to the contact details you provided.

23 Contact Details