Terms and Conditions

These Terms and Conditions govern the relationship between EmergiFund (Pty) Ltd, Registration Number 2026/254124/07, referred to in these Terms as "EmergiFund", "the Company", "we", "us" or "our", and any person who applies for, subscribes to, uses, or accesses the EmergiFund service, referred to as "the Customer", "you" or "your".

By applying for the EmergiFund service through the EmergiFund website or customer portal, submitting documents, creating a customer profile, accepting these Terms and Conditions electronically, accepting a debit order mandate, paying a subscription fee, requesting fuel or electricity access through the customer portal, using any fuel or electricity access, receiving a fuel allocation, receiving an electricity token, making payment, or otherwise using the EmergiFund website, portal or service, you agree to be bound by these Terms and Conditions.

If you do not agree with these Terms and Conditions, you must not apply for, subscribe to, request, or use any EmergiFund service.

These Terms and Conditions must be read together with any approval message, website notice, portal confirmation, debit order mandate, repayment mandate, payment instruction, privacy notice, customer dashboard record, electronic confirmation, and any written communication sent by EmergiFund to you.

EmergiFund may amend these Terms and Conditions from time to time. The latest version published on our website or sent to you electronically will apply. Where reasonably required, EmergiFund will notify Customers of material changes.

The EmergiFund website and customer portal are the official channels for applications, document uploads, service requests, account management, payments, cancellation requests, and customer records. WhatsApp may be used for customer support, reminders, service-related communication and assistance, but WhatsApp is not the official channel for new applications or service requests unless EmergiFund expressly confirms otherwise in writing.

EmergiFund operates a subscription-based utility access service.

The service allows approved Customers to subscribe to a monthly fuel access plan, electricity access plan, or both, and to request the fixed fuel or prepaid electricity amount linked to the Customer’s approved plan when needed, subject to approval, account status, available funds, operational capacity, repayment history, and these Terms.

EmergiFund does not operate as a general cash loan provider.

EmergiFund’s service is intended to provide access to fuel or prepaid electricity, and not unrestricted cash for general use.

Where EmergiFund is temporarily unable to provide fuel through its normal fuel fulfilment platform or fuel partner, EmergiFund may, in its sole discretion, use an alternative temporary fulfilment method for approved fuel Customers, including payment of the approved fuel access amount to the Customer’s verified bank account or PayShap ID. This does not create any right to receive cash, does not change the nature of the service, and may be withdrawn by EmergiFund at any time once a suitable fuel fulfilment method is available.

Fuel access is through any fuel partner approved by EmergiFund from time to time.

Electricity access is provided by EmergiFund loading prepaid electricity or purchasing a prepaid electricity token for the Customer’s approved meter number.

EmergiFund is designed to assist Customers with access to essential fuel or electricity when needed, subject to approval, available limits, account status, repayment history, and these Terms.

EmergiFund’s service is structured as a subscription-based utility access service and not as a credit agreement.

The monthly subscription fee is a platform access fee. It gives the Customer access to the EmergiFund platform and the ability to request approved fuel or electricity access, subject to these Terms.

The monthly subscription fee is payable whether or not the Customer uses the fuel or electricity access during that month.

The monthly subscription fee is not interest. The monthly subscription fee is not an initiation fee. The monthly subscription fee is not charged as a percentage of the amount used by the Customer.

EmergiFund does not charge interest on the fuel or electricity amount used by the Customer.

Where a Customer uses fuel or electricity access, the Customer must repay the exact amount of fuel or electricity provided, subject to any failed payment fee, recovery cost, or other charge expressly provided for in these Terms.

EmergiFund does not represent that any regulator or court has formally confirmed that the EmergiFund model falls outside any specific legislation, unless such confirmation is expressly published by EmergiFund in writing.

If any competent regulator, court, payment provider, bank, or authority determines that any aspect of the EmergiFund service must be amended, suspended, registered, regulated, or operated differently, EmergiFund may immediately amend, suspend, terminate, or restructure the service, subscriptions, access limits, repayment arrangements, or Customer accounts.

Nothing in these Terms is intended to avoid any law that is lawfully applicable to EmergiFund. If any law applies to any part of the service, these Terms must be interpreted subject to that law.

Customers may subscribe to a Fuel Plan, an Electricity Plan, or a Combined Plan. A Combined Plan constitutes a single subscription agreement under which the Customer receives access to both approved fuel and approved electricity benefits. Unless expressly stated otherwise, all provisions of these Terms and Conditions apply equally to each benefit provided under the Combined Plan.

EmergiFund’s standard subscription plans are:

• Fuel Basic Plan — Monthly subscription: R69 per month. Approved fuel access amount: R500 fuel.
• Fuel Standard Plan — Monthly subscription: R119 per month. Approved fuel access amount: R1,000 fuel.
• Fuel Premium Plan — Monthly subscription: R199 per month. Approved fuel access amount: R2,000 fuel.
• Electricity Basic Plan — Monthly subscription: R69 per month. Approved electricity access amount: R500 electricity.
• Electricity Standard Plan — Monthly subscription: R119 per month. Approved electricity access amount: R1,000 electricity.
• Electricity Premium Plan — Monthly subscription: R199 per month. Approved electricity access amount: R2,000 electricity.

EmergiFund may introduce, remove, amend, suspend, or replace subscription plans from time to time. Prices may be changed on reasonable notice to the Customer.

Each plan has a fixed access amount. Partial access requests are not available unless EmergiFund expressly approves otherwise in writing.

EmergiFund may approve, decline, suspend, reduce, or withdraw access based on risk, affordability, repayment behaviour, failed payments, available capital, account history, suspected abuse, operational limitations, or any other reasonable operational or risk-related factor.

All applications are subject to approval by EmergiFund.

EmergiFund may request information and documents from the Customer, including but not limited to:

• full name and surname
• South African identity number or passport number
• cellphone number
• email address
• residential address
• proof of address
• employer details
• payday or income cycle
• bank account details
• bank statements
• payslips
• electricity meter number
• fuel fulfilment details, fuel partner details, PayShap ID, bank account details, or any other information required by EmergiFund for the applicable fuel fulfilment method
• debit order mandate details
• any other information reasonably required to assess, approve, operate, or recover the service

EmergiFund may verify any information provided by the Customer.

EmergiFund may decline an application for any lawful reason, including insufficient affordability, incomplete documents, failed verification, suspected fraud, excessive risk, previous non-payment, or operational limitations.

EmergiFund is not obliged to approve any application, and is not obliged to provide reasons for declining an application, reducing a limit, suspending a service, or cancelling access, unless required by law.

Approval for a subscription plan does not mean that every future fuel or electricity request will automatically be approved. Each request remains subject to account status, payment history, available limits, risk assessment, affordability, and these Terms.

Approval of an application does not activate the Customer’s access immediately. Access will only be activated once the Customer has completed onboarding, accepted all required mandates and confirmations, and EmergiFund has successfully received and allocated the Customer’s first monthly subscription payment.

The first monthly subscription payment is payable upon onboarding. No fuel access, electricity access, or temporary alternative fuel fulfilment will be processed before the first subscription payment has been successfully received and allocated by EmergiFund.

By applying for or using the EmergiFund service, you warrant that:

• all information provided by you is true, accurate, complete, and not misleading
• all documents provided by you are authentic and not altered, forged, or fraudulent
• you are the lawful holder or authorised user of the bank account provided
• you are authorised to enter into debit order mandates on the bank account provided
• you are the lawful user of the electricity meter number provided or are authorised to load electricity on that meter
• you are the lawful user of any fuel app, fuel account, PayShap ID, bank account, fuel partner profile, or other fuel fulfilment method used for the service
• you will not use the service for fraud, abuse, resale, unlawful gain, or any unlawful purpose
• you will immediately notify EmergiFund of any change to your employment, income, payday, bank details, address, cellphone number, email address, or financial circumstances

Any breach of these warranties is a material breach of these Terms.

The monthly subscription fee is payable monthly in advance or on the debit order date approved by EmergiFund.

The first monthly subscription fee is payable during onboarding and must be successfully received and allocated before any access is activated.

The monthly subscription fee is always charged monthly, even if the Customer is paid weekly, fortnightly, or on any other cycle. A fortnightly repayment arrangement does not convert the monthly subscription fee into a fortnightly subscription fee — the subscription remains a monthly fee.

The monthly subscription fee is payable every month while the subscription remains active, regardless of whether the Customer uses the fuel or electricity access during that month.

The monthly subscription fee gives the Customer access to the EmergiFund platform and the ability to request access to fuel or electricity, subject to approval and these Terms. It does not constitute repayment of any fuel or electricity already used, and does not reduce the Customer’s obligation to repay any fuel or electricity amount used.

Where a Customer subscribes to a Combined Plan, the single subscription fee for that plan covers both the fuel and electricity benefits.

EmergiFund may suspend access if the subscription fee is unpaid, reversed, disputed, declined, cancelled, or not successfully collected.

The Customer authorises EmergiFund and its payment service provider, including Netcash or any replacement payment provider, to collect amounts due to EmergiFund by debit order.

Separate debit order mandates may be used for:

• monthly subscription fees
• repayment of fuel or electricity access used
• failed payment fees
• arrears
• recovery amounts
• any other amount lawfully due under these Terms

Where the Customer holds a Combined Plan, a single debit order mandate authorising EmergiFund to collect all amounts due under that agreement — subscription, repayments, and penalties — is sufficient, and EmergiFund is not required to obtain separate mandates for the fuel and electricity benefits.

The Customer agrees to complete, approve, and accept any debit order mandate reasonably required by EmergiFund.

The Customer may select a preferred debit order date, subject to EmergiFund’s approval, payment provider rules, banking system availability, and operational requirements. EmergiFund may approve a different debit date, require a debit date to be changed, or require manual payment where reasonably necessary.

The Customer understands that subscription fees are collected monthly, while repayment amounts may be collected monthly or fortnightly, depending on the repayment arrangement approved by EmergiFund.

No fuel or electricity access is guaranteed unless the required debit order mandate has been accepted and approved.

The Customer must ensure that sufficient funds are available in the nominated bank account on the agreed debit order date, and must not cancel, reverse, dispute, or block a lawful debit order without first contacting EmergiFund to resolve the matter.

A cancelled, reversed, disputed, rejected, or unsuccessful debit order may be treated as non-payment. The Customer remains liable for payment even if a debit order fails.

EmergiFund may re-present or reattempt a failed debit order, subject to the applicable mandate, banking rules, and payment provider processes.

Fuel access is provided through fuel fulfilment methods approved by EmergiFund from time to time. These may include fuel applications, fuel partners, fuel vouchers, fuel accounts, payment platforms, or any other method approved by EmergiFund.

EmergiFund does not guarantee that any specific fuel provider, fuel application, garage, or fuel platform will always be available.

The Customer must comply with any instructions provided by EmergiFund in relation to the applicable fuel fulfilment method. Where a fuel application, fuel account, voucher system, or fuel partner platform is required, the Customer must ensure that their profile or account is correctly registered, active, verified where required, and able to receive fuel allocations from EmergiFund.

Where EmergiFund is temporarily unable to provide fuel through its normal fuel fulfilment platform or fuel partner, EmergiFund may, in its sole discretion, use an alternative temporary fulfilment method for approved fuel Customers, including payment of the approved fuel access amount to the Customer’s verified bank account or PayShap ID. Any such temporary alternative fulfilment method does not create a right to receive cash, does not change the nature of the service, and may be withdrawn by EmergiFund at any time once a suitable fuel fulfilment method is available.

Fuel requests must be submitted through the EmergiFund website or customer portal, unless EmergiFund expressly authorises another method in writing.

EmergiFund may approve, decline, delay, or suspend the request based on account status, available limits, payment history, risk, available funds, technical limitations, fuel provider availability, payment provider limitations, or any other reasonable operational or risk-related factor.

Once fuel access has been issued, transferred, loaded, allocated, paid, or otherwise processed through the applicable fuel fulfilment method, the transaction cannot be reversed by EmergiFund and the amount becomes immediately repayable in accordance with the repayment terms.

The Customer is responsible for using the fuel access correctly in accordance with the applicable fuel fulfilment method, fuel partner rules, voucher rules, app rules, payment instructions, or any other instructions provided by EmergiFund.

EmergiFund is not liable for any refusal, delay, outage, app error, system failure, declined transaction, garage issue, fuel partner issue, voucher issue, payment issue, PayShap issue, bank issue, or third-party failure involving any fuel provider, fuel app, fuel platform, payment system, bank, or fulfilment method.

Electricity access is provided by EmergiFund loading prepaid electricity or purchasing a prepaid electricity token for the Customer. The Customer must provide the correct meter number before electricity is loaded or purchased.

Electricity access is only available for prepaid electricity meters that are supported by EmergiFund’s payment system, electricity vendor, banking platform, vending provider, or other approved payment channel. EmergiFund does not guarantee that every prepaid electricity meter, municipality, Eskom meter, sub-meter, private meter, complex meter, landlord-controlled meter, or third-party meter will be supported.

If a meter number is unsupported, unreported, invalid, blocked, incorrectly registered, not available on EmergiFund’s payment system, or cannot be loaded for any reason outside EmergiFund’s control, EmergiFund may decline the electricity request, request a different valid meter number, suspend electricity access, or allow the Customer to cancel the electricity subscription in accordance with these Terms.

The Customer is solely responsible for ensuring that the meter number provided is correct. EmergiFund may request confirmation of the meter number before issuing a token or loading electricity.

Once electricity has been loaded or a token has been issued, the transaction cannot be reversed and the amount becomes repayable in accordance with the repayment terms.

EmergiFund is not liable if the Customer provides an incorrect meter number, and is not liable for prepaid electricity system failures, municipal delays, Eskom delays, third-party token issues, meter faults, load-shedding, power interruptions, incorrect meter registration, or any other issue outside EmergiFund’s direct control.

EmergiFund may decline or delay electricity access where a meter number cannot be verified, where the Customer’s account is not in good standing, or where EmergiFund reasonably believes the transaction creates risk.

The Customer is responsible for ensuring that the meter number saved, submitted, or confirmed on the customer portal is correct and belongs to a meter that the Customer is authorised to use.

EmergiFund is not liable for any loss, inconvenience, delay, refusal, unsupported meter issue, unreported meter issue, incorrect meter registration, vending failure, token failure, municipal system issue, Eskom system issue, payment system issue, or third-party issue that prevents electricity from being loaded.

Before issuing fuel or electricity, EmergiFund may require the Customer to confirm:

• the amount requested
• the applicable repayment date or repayment schedule
• the correct meter number, where electricity is requested
• that the applicable fuel fulfilment details are correct, where fuel is requested
• that the Customer accepts that the transaction cannot be reversed once issued
• that the amount becomes repayable once issued

A website form submission, customer portal request, checkbox confirmation, electronic signature, uploaded confirmation, debit order mandate, payment confirmation, or other electronic confirmation accepted by EmergiFund will be sufficient proof of the Customer’s request and acceptance.

EmergiFund may refuse to issue fuel or electricity if the Customer fails to provide the required confirmation.

WhatsApp support messages may be used as supporting evidence of communication, but the standard request and acceptance process must take place through the website or customer portal, unless EmergiFund expressly authorises another method in writing.

If the Customer uses fuel or electricity access, the Customer must repay the full amount of fuel or electricity provided. No interest is charged on the amount of fuel or electricity provided, provided payment is made on time.

The repayment date or repayment schedule will be determined by the Customer’s approved repayment arrangement as recorded by EmergiFund. Repayments may be monthly or fortnightly, as approved by EmergiFund. Weekly repayment arrangements are not available, unless EmergiFund expressly approves a temporary exception in writing for a specific Customer.

If the Customer is paid weekly, EmergiFund may require repayment every two weeks instead of weekly. If the Customer is paid fortnightly, EmergiFund may require repayment every two weeks. If the Customer is paid monthly, EmergiFund may require repayment monthly on the Customer’s approved repayment date.

The monthly subscription fee remains payable monthly, even if the repayment arrangement is fortnightly.

EmergiFund may approve a different repayment date or repayment schedule in writing, subject to the Customer’s affordability, payment history, risk profile, and account status.

After 3 months of successful payments and good repayment history, the Customer may apply for a longer repayment period on future access. Approval of a longer repayment period is not automatic and remains subject to EmergiFund’s discretion, affordability assessment, account status, and payment history.

The Customer must accept a repayment debit order mandate whenever required by EmergiFund.

No further fuel access, electricity access, or temporary alternative fuel fulfilment will be granted while any previous access amount, subscription fee, failed payment fee, penalty, arrears amount, or other amount due to EmergiFund remains unpaid, unless EmergiFund expressly approves otherwise in writing.

If the Customer uses both fuel and electricity access under a Combined Plan, the Customer must repay both amounts used.

Repayment obligations survive cancellation, suspension, termination, or expiry of the subscription.

The Customer must ensure that sufficient funds are available in the nominated bank account on each debit order date.

If a debit order, subscription payment, repayment, or other payment fails, is reversed, is cancelled, is disputed, or is not honoured, EmergiFund may charge a failed payment administration fee of R75 per failed attempt or such other amount as may be disclosed to the Customer from time to time. This fee is intended to cover administration, banking, operational, and recovery steps arising from the failed payment, and is not interest.

EmergiFund may suspend the Customer’s access immediately after a failed payment, and may reattempt collection of the unpaid amount through the authorised debit order mandate.

EmergiFund may contact the Customer by WhatsApp, SMS, telephone, email, or any other contact detail provided by the Customer to arrange payment.

Repeated failed payments may result in cancellation of the subscription, permanent restriction from the service, and recovery action.

EmergiFund reserves the right to recover all outstanding amounts, collection costs, tracing costs, legal costs, and any other lawful recovery costs from the Customer.

To the extent any fee, penalty, or charge is limited by law, the fee, penalty, or charge will apply only to the maximum extent permitted by law.

If a Customer does not honour a debit order or does not have sufficient funds available, EmergiFund will record the unpaid transaction internally and may notify the Customer by WhatsApp, SMS, telephone, email, or any other contact detail available.

The Customer’s account may be flagged for review, and EmergiFund may suspend further access to fuel or electricity until the unpaid amount is resolved.

EmergiFund may reattempt the debit order in accordance with the mandate and applicable payment provider rules, request immediate manual payment by EFT or other approved payment method, or enter into a payment arrangement at its discretion.

If the Customer repeatedly fails to honour payments, EmergiFund may terminate the subscription and proceed with collection or legal recovery.

EmergiFund will keep records of the debit order mandate, Customer communication, unpaid transaction, reattempts, repayment arrangements, and recovery steps.

If a Customer disputes a debit order through the bank, payment provider, Netcash, or directly with EmergiFund, EmergiFund will investigate the dispute, which may include reviewing the Customer’s application, the accepted Terms and Conditions, the debit order mandate, website and portal records, proof of fuel or electricity issued, proof of subscription approval, repayment communications, and any other relevant record.

EmergiFund may contact the Customer to resolve the dispute, and may provide supporting documentation to the bank, Netcash, payment provider, attorneys, debt collectors, or any relevant party to prove the mandate and the Customer’s liability.

A disputed, reversed, or cancelled debit order will be treated as non-payment unless the dispute is resolved in favour of the Customer.

If the dispute is found to be valid, EmergiFund will take reasonable steps to correct the error. If the dispute is found to be invalid, fraudulent, abusive, or without proper basis, EmergiFund may suspend or terminate the Customer’s account and recover the outstanding amount.

EmergiFund may suspend or terminate a Customer’s access immediately if:

• the Customer fails to pay any amount due
• a debit order fails, is reversed, is cancelled, or is disputed
• the Customer provides false, incomplete, or misleading information
• the Customer submits fraudulent or altered documents
• the Customer abuses or misuses the service
• the Customer resells fuel or electricity access
• the Customer attempts to obtain cash or unauthorised value from the service, except where EmergiFund itself has expressly authorised a temporary alternative fuel fulfilment method in accordance with these Terms
• the Customer’s affordability or risk profile changes
• the Customer changes employment, income, bank details, address, or contact details without notifying EmergiFund
• EmergiFund suspects fraud, money laundering, identity theft, or unlawful conduct
• a regulator, bank, payment provider, or third-party provider requires suspension
• continued access may expose EmergiFund to risk

Suspension or termination does not cancel any repayment obligation for fuel or electricity already accessed.

The Customer may cancel the subscription by giving one calendar month’s written notice through the EmergiFund website or customer portal, unless EmergiFund expressly authorises cancellation by email, WhatsApp support, or another written method.

A cancellation request is only effective once it has been received and recorded by EmergiFund.

The Customer remains liable for all subscription fees, access amounts, repayment amounts, penalties, and arrears due up to the effective cancellation date. Cancellation does not cancel any amount already owed to EmergiFund, and does not reduce or write off any fuel or electricity repayment obligation.

If the Customer cancels and later wishes to use EmergiFund again, the Customer must reapply and may be subject to a new approval process. EmergiFund may refuse reactivation if the Customer previously failed to pay, disputed valid debit orders, abused the service, or breached these Terms.

Subscription fees are generally non-refundable once collected, as they relate to access to the EmergiFund platform for the applicable subscription period.

EmergiFund may consider a refund only where required by law or where EmergiFund has made a clear billing error.

No refund will be given merely because the Customer did not use the service during a subscription period, or where the Customer’s access was suspended due to non-payment, breach, fraud, or misuse.

The Customer chooses the following as their domicilium citandi et executandi for all notices, demands, legal processes, and communications:

• the residential address provided to EmergiFund
• the email address provided to EmergiFund
• the WhatsApp number or cellphone number provided to EmergiFund

The Customer must immediately notify EmergiFund of any change to their residential address, email address, cellphone number, WhatsApp number, employment, payday, bank account, or income.

If the Customer fails to update details, EmergiFund may use the last details provided by the Customer. Any notice sent to the last details provided by the Customer will be deemed properly sent, unless the Customer proves otherwise.

The Customer agrees that website forms, customer portal submissions, electronic signatures, checkbox confirmations, uploaded documents, electronic debit order mandates, payment confirmations, emails, SMS messages, WhatsApp support messages, and other electronic records may be used to create binding agreements and records.

A website confirmation, customer portal confirmation, checkbox acceptance, electronic signature, debit order mandate acceptance, payment confirmation, or other electronic confirmation accepted by EmergiFund will be binding on the Customer.

The Customer agrees that electronic records kept by EmergiFund may be used as proof of the Customer’s application, acceptance, request, mandate, access, repayment obligation, and account status, and that records generated by EmergiFund’s website, customer portal, database, payment provider, debit order provider, and communication systems will be admissible as evidence of the Customer’s application, acceptance, request, access, repayment obligation, payment history, outstanding balance, and account status.

A certificate signed by a director, manager, authorised representative, or accounting officer of EmergiFund setting out the amount owing by the Customer will constitute prima facie proof of the amount owing, unless the Customer proves otherwise.

The certificate may be used in any recovery process, legal proceeding, or dispute.

If the Customer fails to pay any amount due, EmergiFund may take recovery action, including reminders, debit order reattempts, payment arrangements, handover to debt collectors, handover to attorneys, and legal proceedings.

The Customer will be liable for all lawful collection costs, tracing costs, bank charges, legal costs, and recovery costs incurred by EmergiFund in recovering unpaid amounts. Legal costs may be recovered on the attorney and own client scale where permitted by law and where awarded or recoverable.

The Customer may not:

• use the service for unlawful purposes
• provide false or misleading information
• submit fraudulent documents
• use another person’s bank account without authorisation
• use another person’s identity or documents
• resell fuel or electricity access
• attempt to convert fuel or electricity access into cash, except where EmergiFund itself has expressly authorised a temporary alternative fuel fulfilment method in accordance with these Terms
• abuse referral codes
• collude with referral partners or other Customers to defraud EmergiFund
• dispute valid debit orders without lawful basis
• damage EmergiFund’s reputation
• harass, threaten, abuse, or intimidate EmergiFund staff, agents, referral partners, or service providers

Breach of this clause may result in immediate termination, recovery action, and reporting to appropriate authorities where necessary.

EmergiFund may use independent referral partners to refer potential Customers. Referral partners are independent and are not employees, agents with authority, directors, or representatives authorised to bind EmergiFund.

Referral partners may not approve applications, guarantee approval, or promise a specific access amount. Referral partners may not collect money, bank cards, bank statements, payslips, identity documents, or personal documents from Customers.

All applications must be submitted directly to EmergiFund through the official EmergiFund website or customer portal, unless EmergiFund expressly authorises another method in writing.

If a Customer was referred by a referral partner, the Customer must provide the referral partner’s name or referral code when applying.

EmergiFund is not liable for unauthorised statements, promises, or conduct by referral partners. Referral partners may refer Customers to the EmergiFund website or official application page, but may not submit applications on behalf of Customers unless expressly authorised by EmergiFund in writing.

EmergiFund may use third-party service providers, including payment service providers, banks, fuel providers, electricity vendors, app providers, IT providers, verification providers, debt collectors, attorneys, and communication platforms.

The Customer acknowledges that some aspects of the service depend on third parties. EmergiFund is not liable for losses, delays, errors, outages, failures, declined transactions, incorrect processing, system downtime, app issues, network failures, or other problems caused by third parties.

EmergiFund will take reasonable steps to assist Customers where third-party issues arise, but cannot guarantee uninterrupted service.

The EmergiFund service is provided on an "as available" basis. EmergiFund does not guarantee that fuel or electricity access will always be available.

EmergiFund is not liable for any direct, indirect, special, consequential, incidental, economic, or punitive loss arising from: inability to access fuel or electricity; declined requests; delayed approval; suspended access; incorrect meter numbers provided by the Customer; incorrectly registered fuel app profiles, fuel accounts, PayShap IDs, bank accounts, or fulfilment details; fuel provider failures; electricity vendor failures; power outages; app or system failures; bank or payment failures; Customer misuse; third-party conduct; or force majeure events.

To the maximum extent permitted by law, EmergiFund’s total liability to any Customer for any claim will be limited to the subscription fees paid by that Customer in the one month preceding the event giving rise to the claim.

Nothing in these Terms excludes liability where such exclusion is prohibited by law.

The Customer indemnifies EmergiFund, its directors, employees, contractors, agents, referral partners, and service providers against any loss, claim, damage, liability, cost, or expense arising from:

• breach of these Terms
• false information
• incorrect meter numbers
• incorrect app registration, fuel partner registration, PayShap ID, bank account details, or fulfilment details
• unauthorised use of bank accounts
• fraud or misrepresentation
• non-payment
• debit order disputes without valid basis
• misuse of fuel or electricity access
• breach of any law by the Customer

EmergiFund processes personal information in order to operate the service. Personal information processed by EmergiFund may include identity information, contact details, residential address, proof of address, employment information, income information, payslips, bank statements, bank account details, debit order mandate information, payment history, fuel and electricity usage history, meter numbers, fuel fulfilment details, WhatsApp/email/call/SMS communications, referral information, and website, portal, device, login, IP address, usage, upload, request, payment, and platform information where applicable.

EmergiFund processes personal information for purposes including receiving and assessing applications, verifying identity, assessing affordability and risk, approving or declining applications, managing subscriptions, processing debit orders, issuing fuel or electricity access, communicating with Customers, managing disputes, fraud prevention, collections and recovery, legal compliance, record-keeping, improving services, and marketing where permitted by law.

The Customer consents to EmergiFund processing personal information for the purposes set out in these Terms, and to EmergiFund sharing relevant personal information with payment service providers, Netcash, banks, fuel providers, electricity vendors, verification providers, IT service providers, communication platforms, debt collectors, attorneys, accountants, regulators, law enforcement, and any other party reasonably necessary to provide, manage, verify, or recover the service.

The Customer consents to EmergiFund storing and processing information submitted through the website, customer portal, online forms, document upload system, payment systems, debit order systems, and support channels, and understands that EmergiFund may use third-party website, hosting, database, form, payment, document storage, communication, and verification service providers to operate the website and customer portal.

EmergiFund will take reasonable steps to protect personal information. The Customer has the right to request access to, correction of, or deletion of personal information, subject to applicable law and EmergiFund’s lawful record-keeping requirements.

EmergiFund may retain Customer records for as long as reasonably required for operational, legal, accounting, dispute, and recovery purposes.

Full detail on how EmergiFund collects, uses, shares, and protects personal information is set out in the

Full detail on how EmergiFund collects, uses, shares, and protects personal information is set out in our Privacy Policy, which forms part of these Terms.

By applying for or using the EmergiFund service, the Customer agrees that EmergiFund may send service-related communications, including approval messages, debit order reminders, repayment reminders, account updates, document requests, service notices, and collection notices.

EmergiFund may send marketing communications where the Customer has consented or where permitted by law. The Customer may opt out of direct marketing communications by following the opt-out process provided in the communication or by contacting EmergiFund. Opting out of marketing does not stop necessary service-related communications.

EmergiFund may conduct fraud checks at any time. If EmergiFund suspects fraud, identity theft, false documents, abuse, unlawful conduct, or unauthorised bank account use, EmergiFund may:

• suspend the account
• decline access
• terminate the subscription
• retain relevant evidence
• report the matter to banks, payment providers, regulators, law enforcement, or other appropriate parties
• institute recovery action

EmergiFund will not be liable for delay or failure to perform caused by events beyond its reasonable control. Such events include power outages, load-shedding, internet failures, banking system failures, app outages, fuel provider outages, electricity vending failures, strikes, riots, disasters, war, government action, regulatory action, payment system failures, or any other event beyond EmergiFund’s reasonable control.

The Customer may not cede, assign, transfer, or delegate any rights or obligations under these Terms without EmergiFund’s written consent.

EmergiFund may cede, assign, transfer, or delegate any rights or obligations under these Terms to any successor, related entity, purchaser, service provider, debt collector, attorney, or finance partner, where lawful and reasonably necessary.

If EmergiFund does not enforce any right immediately, that does not mean EmergiFund has waived the right. Any waiver must be in writing and signed or confirmed by EmergiFund.

If any clause of these Terms is found to be invalid, unlawful, or unenforceable, that clause will be severed or limited to the extent necessary. The remaining clauses will continue to apply.

These Terms, together with the Customer’s website application, customer portal records, approval confirmations, debit order mandates, repayment mandates, payment instructions, electronic confirmations, written confirmations, and applicable policies published by EmergiFund, constitute the agreement between the Customer and EmergiFund.

The Customer may not rely on any statement, promise, advert, referral partner statement, or representation unless it is confirmed by EmergiFund in writing.

These Terms are governed by the laws of the Republic of South Africa.

The Customer consents to the jurisdiction of the Magistrates’ Court for any proceedings arising from these Terms, even where the amount claimed may exceed the ordinary jurisdiction of that court. EmergiFund may, at its discretion, institute proceedings in any court with competent jurisdiction.

By applying for, subscribing to, requesting, or using the EmergiFund service, the Customer confirms that:

• they have read and understood these Terms
• they understand that the subscription fee is payable monthly, whether or not the service is used
• they understand that fuel and electricity may be provided under separate subscriptions or under a single Combined Plan, as selected by the Customer
• they understand that access is subject to approval and is not guaranteed
• they understand that any fuel or electricity used must be repaid in full
• they understand that failed payments may result in penalties, suspension, cancellation, and recovery action
• they consent to debit order collections
• they consent to the processing of their personal information
• they agree to be bound by these Terms and Conditions
• they understand that applications, service requests, payments, proof of payment uploads, balance checks, referrals, and cancellations must be managed through the EmergiFund website or customer portal, unless EmergiFund authorises another method in writing
• they understand that WhatsApp is mainly a support channel and not the standard application or service request channel
• they understand that access is only activated once the first monthly subscription payment has been successfully received and allocated by EmergiFund
• they understand that subscription fees remain monthly, even where repayments are fortnightly
• they understand that repayments may be monthly or fortnightly, but are not weekly unless EmergiFund expressly approves an exception in writing
• they understand that electricity access is only available for meters supported by EmergiFund’s payment system or approved electricity vendor

EmergiFund may require the Customer to accept these Terms through the website, customer portal, electronic checkbox, electronic signature, debit order mandate, or any other electronic confirmation accepted by EmergiFund. The standard acceptance wording may be:

“I confirm that I have read, understood, and accept EmergiFund’s Terms and Conditions. I understand that my monthly subscription fee is payable monthly whether or not I use the service, that access will only be activated once my first subscription payment has been received and allocated, that any fuel or electricity accessed must be repaid in full, that repayments may be monthly or fortnightly as approved by EmergiFund, that debit order mandates may be used for subscription and repayment amounts, that electricity access is only available for supported meter numbers, and that failed payments may result in penalties, suspension, cancellation, and recovery action.”

The Customer agrees that clicking "I accept", ticking a checkbox, submitting an application, accepting a mandate, requesting access through the customer portal, making payment, or using the service constitutes acceptance of these Terms.