Terms and Conditions

TERMS OF USE

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern the relationship between weDiscount (Pty) Ltd and any person (“Client”, “you”, or “your”) who applies for or receives an advance against a settled Road Accident Fund (“RAF”) claim through our website at www.wediscount.co.za or by engaging our services directly.

By submitting an application, signing a Discounting Agreement, or using our website, you agree to be bound by these Terms. If you do not agree, you should not use our services.

These Terms are governed by the laws of the Republic of South Africa, including the Road Accident Fund Act 56 of 1996, the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

2. Definitions

“Advance” means the amount disbursed by weDiscount to the Client against the Client’s settled RAF claim.
“Discounting Agreement” means the written agreement entered into between weDiscount and the Client setting out the terms of the advance, including the advance amount, fees, repayment obligations, and authorisation to collect from RAF settlement proceeds.
“Attorney” means the legal practitioner appointed by the Client to pursue and finalise the RAF claim.
“Claim” means the Client’s claim lodged with and settled by the Road Accident Fund.
“Settlement Amount” means the total amount payable to the Client by the RAF in final settlement of the Claim.
“Repayment Amount” means the total amount due to weDiscount from the Settlement Amount, as set out in the Advance Agreement.
“Client” means any natural person who applies for and/or receives an advance from weDiscount.
“POPIA” means the Protection of Personal Information Act 4 of 2013.
“RAF” means the Road Accident Fund established in terms of the Road Accident Fund Act 56 of 1996.

3. Eligibility

To be eligible for an advance, you must:

Be a natural person, 18 years of age or older
Have a valid, settled RAF claim with a confirmed settlement amount
Have an appointed attorney who has confirmed the settlement in writing

weDiscount reserves the right to decline any application at its sole discretion without being obliged to provide reasons.

4. Application Process

4.1 How to Apply

You may apply for an advance via our website at www.wediscount.co.za or by contacting us directly. Applications must be submitted with all required supporting documentation, including:

A certified copy of your South African identity document or passport
Proof of residence (not older than three months)
A letter of undertaking or written confirmation of settlement from your attorney
Confirmation of the settled RAF claim amount and claim number
Your banking details for disbursement
Any additional documents we may reasonably require to assess your application

4.2 Assessment

We will assess your application based on the existence and quantum of your settled claim, the anticipated timeline for payment by the RAF, and any applicable risk factors. We may contact your attorney or the RAF directly to verify claim details, subject to your authorisation.

4.3 Approval and Advance Agreement

If your application is approved, we will issue a Discounting Agreement setting out the advance amount, fees, and repayment mechanism. You must read the Discounting Agreement carefully before signing. By signing, you confirm that you understand and accept all terms, including the cost of the advance.

5. Advance Amount and Fees

5.1 Advance Amount

The advance amount will be determined by weDiscount based on the settled claim amount, estimated disbursement timeline, and applicable fees. The advance will generally be a portion of the net settlement amount payable to you after attorney fees and any other deductions.

5.2 Fees and Cost of Advance

Our fees for the advance service will be fully disclosed in the Discounting Agreement prior to signing. All fees, and charges will be clearly set out, in compliance with applicable credit legislation and disclosure obligations. You acknowledge that the Repayment Amount will exceed the advance amount, reflecting the cost of the advance service.

5.3 No Hidden Charges

There are no application fees. All charges payable by you will be disclosed in the Advance Agreement before you are bound by any obligation.

6. Disbursement

Upon signing the Discounting Agreement, we will disburse the agreed advance amount directly to your nominated South African bank account. Disbursement is subject to verification of all documentation. Estimated disbursement timelines will be communicated to you at the time of approval.

7. Repayment

7.1 Source of Repayment

The Repayment Amount is payable exclusively from your RAF settlement proceeds. By signing the Discounting Agreement, you irrevocably authorise your attorney to pay the Repayment Amount to weDiscount directly from the Settlement Amount upon receipt of payment from the RAF.

7.2 Attorney Undertaking

Your application and the Discounting Agreement are conditional upon your attorney providing a written undertaking to weDiscount confirming the settlement and agreeing to remit the Repayment Amount to weDiscount upon receipt of settlement funds.

7.3 Delays in RAF Payment

We acknowledge that payment by the RAF may be delayed beyond estimated timelines. Delays in RAF payment do not alter your obligation to repay the advance from the Settlement Amount when it is received.

7.4 Shortfall

If the Settlement Amount is reduced (for example, by court order, adjustment, or legal deductions) such that there are insufficient funds to cover the full Repayment Amount, the terms governing any resulting shortfall will be addressed in the Discounting Agreement. Please read this provision carefully before signing.

8. Your Obligations

As a client, you agree to:

Provide true, accurate, complete, and up-to-date information at all times
Notify us immediately of any change in the status of your RAF claim, including any rejection, reduction, or dispute
Not encumber, cede, or transfer your claim or any portion of your settlement proceeds to any third party after entering into an Discounting Agreement with us without our prior written consent
Cooperate with our reasonable requests for information and documentation
Comply with all applicable laws in your dealings with us
Notify us promptly if you change your attorney, banking details, or contact information

9. Representations and Warranties

By applying for and accepting an advance, you represent and warrant that:

You are the legitimate claimant in respect of the RAF claim
Your RAF claim has been validly settled and the settlement amount confirmed
You have not previously ceded, assigned, or pledged the settlement proceeds to any other party
You are not subject to any legal disability that would prevent you from entering into this agreement
All information and documentation provided to weDiscount is true and accurate

10. Fraud and Misrepresentation

Any fraudulent misrepresentation, submission of false documentation, or deliberate concealment of material information will entitle weDiscount to:

Immediately cancel the Discounting Agreement and demand repayment of the full advance amount
Report the matter to the South African Police Service and any relevant regulatory authority
Recover all losses, costs, and legal fees incurred as a result of the fraud

weDiscount reserves the right to conduct fraud verification checks, including consulting credit bureaux and identity verification services.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

weDiscount will not be liable for any indirect, incidental, or consequential loss arising from delays in RAF payments, changes in the settlement amount, or circumstances beyond our reasonable control
weDiscount does not provide legal or financial advice. Nothing in our communications constitutes legal advice regarding your RAF claim. You should rely on your attorney for all legal matters
We are not responsible for delays, errors, or failures caused by third parties, including the RAF, courier services, banks, or government departments

Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot lawfully be excluded.

12. Privacy and Data Protection

The collection and use of your personal information — including sensitive financial, legal, and medical information — is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at www.wediscount.co.za/privacy-policy.

We are committed to processing your personal information lawfully, in accordance with POPIA. You have rights as a data subject, including the right to access, correct, and request deletion of your personal information, as detailed in our Privacy Policy.

By applying for an advance, you consent to us processing your personal information — including special personal information (medical and health records) — to the extent necessary to assess, approve, administer, and conclude your advance.

13. Intellectual Property

All content on the weDiscount website, including text, graphics, logos, and software, is the property of weDiscount or its licensors and is protected by South African intellectual property laws. You may not reproduce, distribute, or use any content without our prior written consent.

14. Website Use

You agree not to:
Use our website for any unlawful or fraudulent purpose
Submit false, misleading, or fraudulent information through the website
Attempt to gain unauthorised access to our systems or data
Use automated tools to scrape or extract data from the website

We reserve the right to suspend or restrict your access to the website at any time.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. In the event of a dispute:

You are encouraged to contact us directly at info@wediscount.co.za to seek an amicable resolution
If the dispute cannot be resolved informally, either party may refer the matter to mediation before commencing litigation
You consent to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town, and the Magistrates’ Court for any legal proceedings, subject to your right to approach any court of competent jurisdiction

16. Amendments to These Terms

We may amend these Terms from time to time. Updated Terms will be published on our website with a revised effective date. Material changes will be communicated to active clients by email. Continued use of our services following notice of changes constitutes your acceptance of the amended Terms.

17. Severability and Entire Agreement

These Terms, together with the Discounting Agreement and our Privacy Policy, constitute the entire agreement between you and weDiscount in respect of your advance. If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Contact Information

For any queries relating to these Terms or our services, please contact us at:

Company	weDiscount (Pty) Ltd
Services	Financial Services – Discounting
Email	info@wediscount.co.za
Website	www.wediscount.co.za
Location	Unit 3 Berlyn Centre, C/O Berlyn and Optenhorst Street, Paarl, Western Cape, South Africa