LOAN AGREEMENT

Between

The Loan Applicant Herewith known as the "Borrower".

Albert Masilo Mojela

ID Number: 9102126035083

Home Address:

20 Khoza Str Atteridgeville

Pretoria

Gauteng

0008

And

The Loan Initiator Herewith Known as the “Lender”.

Broke AF (Pty) Ltd

Company Registration number: 2022/636332/07

NCR Registration number: NCRCP17650

Caron Road Complex, Unit 52, RembrandtPark, Johannesburg, Gauteng, 2090

LOAN SUMMARY

Loan Amount: R 2,500

Interest: R 91.75

Admin Fees:

A) Initiation Fee: R 362.25

B) Service Fee: R 29.90

Monthly Instalment including interest and fees: R 2983.90

Number of Instalments: x1 Month(s)

First Payment Date: 25 September 2024

Last Payment Date: 25 September 2024

Frequency of Payment: Monthly

Total Amount Owing: R 2983.90

YOUR DETAILS

Full Name & Surname: Albert Masilo Mojela

ID number: 9102126035083

Home Address:

20 Khoza Str Atteridgeville

Pretoria

Gauteng

0008

Contact number: 087-094-8119

Email: albertmojela24@gmail.com

Personal Cell phone number: +27655666520

Dependents: 1

Gross income monthly: R23,903.00

Net income monthly: R20,140.00

Total monthly household expenses: R 2400.00

Total monthly debt repayment expenses: R0.00

Disposable income: R 17740.00

Date Signed: Fri Sep 13 2024 15:45:50 GMT+0200 (South Africa Standard Time)
By clicking "I Accept" You electronically sign this Agreement and agree to be legally bound by its
terms. : I Accept

LEGAL DECLARATION

I, the Applicant, hereby agree and declare that:

1. I hereby apply for a loan to be made to me by Broke AF.:

Yes

2. I understand that Broke AF will decide in its sole and absolute discretion as to whether to grant
the loan or not.:

Yes

3. I understand that Broke AF may cede, transfer or otherwise dispose of its rights under this
Application Form and the Loan Agreement and all documents incorporated therein to any third
party.:

Yes

4. By signing this Application Form, I agree that any person interested in the Loan Agreement or
any part thereof, now or in the future, may rely upon the truth, correctness and accuracy of the
information contained in this Application Form and any other supporting documentation or
information provided by me.:

Yes

5. I have been advised by Broke AF that it collects and uses the personal information that I give it
in the Application Form to assess my eligibility for and understanding of the Broke AF loan. I
acknowledge and agree that the information provided to Broke AF in this Application Form and the
supporting documentation may, subject to any law to the contrary, be used by: (a) other companies
associated with Broke AF who collectively facilitate the loans;(b) other companies or individuals
who also facilitate the loans; (c) an insurer or a re-insurer required to facilitate the loans; (d) any
person with whom Broke AF proposes to enter into contractual relations for the purpose of
providing me with access to a loan; (e) any party to whom Broke AF intends to cede, transfer or
otherwise dispose of, or will cede, transfer or otherwise dispose of its rights under this Application
Form and the loan agreement and all documents incorporated therein; (f) any registered credit
bureau in order for it to be notified of my application for (and subsequent servicing of) the loan; (g)
any credit bureau, which will give Broke AF an opinion regarding my credit worthiness as a result of
its knowledge of my history and servicing of other credit agreements; and (h) any person who may
have a lawful entitlement to the information.:

Yes

6. I understand and agree that no loan will be given to me by Broke AF unless I sign an
appropriate, required Debi Check / Debit Order Authorisation to deduct payment from my bank
account.:

Yes

7. I confirm that I am able to meet the obligations that will be imposed upon me by the Loan
Agreement and that entering into the Loan Agreement will not cause me to be over indebted.:

Yes

8. I hereby give my consent to Broke AF and/or its lawful agents to obtain from and inspect and/or
submit to any registered credit bureau any consumer credit information pertaining to me or my
spouse as agreed to in the Loan Agreement and subject at all times to prevailing Law. I hereby
declare that all and any information provided in this Application Form is accurate, truthful and
correct in all respects and is not misleading in any way. By signing this Application Form, I
understand that I will be applying for a loan based on the declarations and terms set out in this
Application Form, which Broke AF will rely on. I agree that, should this Application be approved, I
will abide by all the declarations and terms contained in this Application Form. If I am married in
community of property, I hereby warrant that I have obtained the written consent from my
spouse/partner to conclude this credit agreement. By returning to the application form, you agree
that you will be deemed to have affixed Your signature to this Application Form and you agree to
be legally bound thereby. Please print a copy of this Application Form for Your records.:

Yes

*This total cost is calculated on the assumption the funds will be transferred into your bank account
within 48 working hours, once final approval is granted.:

Yes

ADDITIONAL AGREEMENT INFORMATION

Part A: Service Fees

Service Fees

The Service Fees is payable by the Borrower to the Loan Initiator for the granting of the loan upon
the conclusion of the Loan Agreement.

Part B: Security
The Loan is unsecured.

Part C: Repayment arrangements

You agree to make payment to us by way of a Debi Check / Debit Order from your nominated bank
account, as set out in terms of the Debi Check / Debit Order Mandate in the Application for credit.
The collection of the repayment will take place on the morning of the Payment Date You have
chosen in Your Application. You must complete the Debi Check / Debit Order Mandate as part of
the Application for Us to collect Your repayments.
However, please take note that if a payment is due by you on Public Holidays or Sundays, the
collection of your payment may take place the day before or after if the circumstances permit.
Thereafter, we will collect your remaining months’ payments on the Payment Date You have
chosen in your application.

Part D: Further information on rights and obligations

For purposes of this Pre-agreement Statement and Quotation You should take note of the following
fees, charges and values:
Settlement Value - the amount of the Settlement Value that You will ultimately be required to pay to
settle the Total Amount Owing to Broke AF will consist of the Loan Amount, Interest and all other
fees, charges and/or costs payable in terms of the Loan Agreement and any Applicable Law as at
the date on which repayment is due;

Interest rate - the interest rate is a fixed interest rate of 5 % (First Loan with Broke AF in the
Calander year) or 3% (Second and or Consecutive loan with Broke AF in the Calander year) per
month and will be calculated daily and added to the Total Amount Owing on Your chosen Payment
Date.
Credit fees and other charges
A monthly service fee is payable by You as set out above in the Summary.

Enforcement expenses/collection costs

If You fail to repay us, the full Amount Due, before 8 p.m. on the Payment Date We will continue to:
1. Charge You Interest and Fees on the outstanding balance of your Loan at the same rate as the
loan application calculator and Pre-agreement and Contract visible upon application and sent via
email.
2. The Interest and fees charged to You after Your non-payment of the Amount Due is calculated
daily and applied to the outstanding balance on the Payment Date (or when the Settlement Value is
paid in full if earlier).
Should We need to enforce our rights under this Loan Agreement, you may have to pay legal fees
and disbursements which We have incurred by way of the Debi Check / Debit Order or otherwise.
1. We will recover such legal fees and disbursements in accordance with the Applicable Laws from
time to time.
2. We may also charge all the fees and disbursements (including tracing agents, debt collecting
fees and legal costs) as allowed by the Law.

This Pre-agreement Statement and Quotation forms part of the Loan Agreement and the
information contained herein will be incorporated therein.

TERMS AND CONDITIONS

1. Definitions
In this Agreement, unless inconsistent with or otherwise indicated by the context:

1.1. "Act" means the National Credit Act 34 of 2005 as amended from time to time and all Relevant
Regulations passed;
1.2. "Amount Due" means the amount due by You that is due and payable on the date as stipulated
and in accordance with this Agreement;
1.3. "Applicable Laws" means any common law, legislation (including the Act), regulations and any
subsidiary legislation prevailing from time to time in the Republic of South Africa;
1.4. "Applicant" means the person who has applied to get a Loan from us;
1.5. "Application" means the application for a Loan made by You by way of the Application Form;
1.6. "Application Form" means the Broke AF Application Form to be electronically completed by an
Applicant wishing to apply for a Loan on the Website;
1.7. "Borrower" means the person who applied and was approved for the Loan as described in the
Application Form;
1.8. "Collection Costs" means all debt collection fees as well as legal fees and disbursements
which We incur in order to enforce Our rights under the Loan Agreement and which We may
recover from You in accordance with the Applicable Laws if you default;
1.9. "Debi Check / Debit Order Mandate" means the Debi Check / Debit Order authorisation You
are required to complete in Our favour for the purposes of paying all amounts owing by you to Us;
1.10. "ECT" means Electronic Communications and Transactions Act 25 of 2002;
1.11. "Initiation Fee" means a fee charged by Loan Initiator, in order to set up your loan account
subject to the Act;
1.12. "Interest" means interest at the rate set out in the Pre-Agreement Statement and Quotation
subject to the Act;
1.13. "Lender" means Broke AF (Pty) Ltd (2022 / 636332 / 07), its successors-in-title or assignees;
1.14. "Loan" means the Loan granted by the Lender to the Borrower in terms of this Loan
Agreement;
1.15. "Loan Agreement and/or this/the Agreement" means the Application Form, the Pre-
Agreement Statement and Quotation and the Terms and Conditions and any annexures and/ or
amendments to the aforesaid, to be read as one document;
1.16. "Loan Amount" means the amount advanced to You in terms of the Loan Agreement as
explained in the Pre-agreement Statement and Quotation;
1.17. "Loan Initiator" means Broke AF (Pty) Ltd (2022 / 636332 / 07), its successors-in-title or
assignees;
1.18. "Parties" means the parties to this Agreement and "Party" means any one of them as the
context may indicate;
1.19. "Payment Date" means:
1.19.1. in respect of a loan where the Total Amount Owing is repayable in one instalment, the date
on which You have agreed to pay the Settlement Value to us; or
1.19.2. in respect of a loan where the Total Amount Owing is repayable over a period of up to three
(3) months, the date on which the Amount Due becomes due and payable;
1.20. "Personal Information" means personal information as defined in the Protection of Personal
Information Act 4 of 2013 (POPI);
1.21. "Pre-agreement Statement and Quotation" means the Pre-agreement Statement and
Quotation to which the Terms and Conditions are attached;
1.22. "Privacy Policy" means the privacy policy set out on the Website as amended from time to
time;
1.23. "Service Fee" means a fee charged by the Lender to cover the operational costs of
administering your account;
1.24. "Settlement Value" means the amount that You would need to repay Us in order to satisfy all
of Your remaining obligations under this Loan Agreement in full and final settlement. This Including
the unpaid balance of the Total Amount Owing, accrued and unpaid Interest, charges and all other
fees and charges payable by the Borrower to Broke AF at the relevant time;
1.25. "Supporting Documents" means all documents that You may be required to submit by
Applicable Laws or in terms of Our requirements to Us prior to the Lender granting the Loan to You
or at any time during the subsistence of this Agreement;
1.26. "Terms and Conditions" means the terms and conditions contained in this document;
1.27. "Total Amount Owing" means the Loan Amount, Interest, Initiation Fee and Service Fee as
set out in the Pre-Agreement Statement and Quotation;
1.28. "VAT" means value-added tax which is chargeable in terms of the Value-Added Tax Act 89 of
1991;
1.29. "We/Our/Us or Broke AF" means the Loan Initiator in respect of the rights to the Initiation Fee
and the Lender in respect of the rights to the Total Amount Owing (excluding the Initiation Fee in
each case) and to each of the Loan Initiator and the Lender in respect of the other rights of Broke
AF under this Loan Agreement (as the case may be);
1.30. "Website" means the website hosted on www.brokeaf.co.za;
1.31. "Working Day" means a day of the week other than a Saturday, Sunday or any other public
holiday recognised as such by the government of the Republic of South Africa;
1.32. "You/Your or Yourself" means the person or persons named in the Pre-agreement Statement
and Quotation as the Borrower including the executor of Your estate on Your death and the
liquidator on Your sequestration;
1.33. "Juristic Representative" means Broke AF (Pty) a registered juristic representative.
1.34. "Credit life Insurance" means term life insurance that pays off the balance of a loan in the
event of Death, Permanent and Total Disability
Any reference to one gender shall be deemed to include the other and any reference to the
singular shall include the plural.

2. Application and Loan Approval

2.1. You must:
2.1.1. electronically complete the Application Form on the Website;
2.1.2. submit all required Supporting Documents; and
2.1.3. complete the Debi Check / Debit Order Mandate.
2.2. Once the Application Form is complete and We have received Your Supporting Documents,
we will assess Your Application against Applicable Laws and Our internal procedures and
requirements.
2.3. If We are satisfied that Your Application and supporting documentation meets all requirements
in terms of clause 2.2 above, we will issue You with a notice confirming the Application was
approved by way of an email ("Approval Notice”).
2.4. If Your Application is declined by Us for any reason whatsoever, we will send You an SMS or
email to advise You that Your Application was not successful.

3. Acceptance of the Loan

3.1. You are the only person who has the right to accept this Loan Agreement.
3.2. If You accept the Loan Agreement, you must sign the Pre-Agreement Statement and
Quotation by clicking on the "I Accept" box on Your screen.
3.3. By typing Your name in the relevant box and clicking "I Accept" You will be deemed to have
affixed Your signature and to be legally bound by this Loan Agreement.
3.4. The Loan Agreement will be sent to You electronically after Your acceptance of the Loan. This
will serve as written confirmation of Your acceptance of the Loan Agreement.
4. Payment
4.1. You agree to repay Us the Settlement Value or the Amount Due on or before the Payment
Date into a bank account nominated by the Lender from time to time.
4.2. We will collect the Settlement Value or the Amount Due by way of Debi Check / Debit Order in
terms of the Debi Check / Debit Order Mandate given by You to Us. However, please take note that
if a payment is due by you between 15 December and 31 December, the collection of your
payment may take place on or around 15 December if the circumstances permit. Thereafter, we will
collect Your remaining months’ payments on the Payment Date You have chosen in your
application.
4.3. We will collect the Settlement Value or the Amount Due at any time on the Payment Date.
4.4. You must ensure there are sufficient funds in Your account to cover the Settlement Value or
the Amount Due on the Payment Date, whichever applies.
4.5. If We are unsuccessful in collecting the full Settlement Value or the Amount Due on the
Payment Date, we may try to debit Your account at a later stage and on more than one occasion
on the Payment Date for all or any part of the Settlement Value or the Amount Due to Us as We
determine necessary until the full Settlement Value or Amount Due is paid.
4.6. Your payment to Us will be allocated on the day it is received and applied in the following
order: Interest, fees and charges, then finally to the capital (being the Loan Amount).
4.7. Prompt payment is essential. If You are late in paying, you will be in default of this Loan
Agreement and the full outstanding balance of the Loan Amount together with the cost of credit
charges (including unpaid accrued interest) shall, at Our sole discretion and instance, immediately
become due owing and payable. You will also pay Us Interest on the Amount Due from when it is
due until it is actually paid at the rate of Interest shown in the Pre-Agreement Statement and
Quotation. In this event We may collect all Amounts Due and any default Interest in one lump sum
payment via the Debi Check / Debit Order Mandate.

5. Statements of Account
5.1. Your Statement will be sent via email upon request.
5.2. Non-receipt of a statement by You will not be a cause to withhold any Settlement Value or
Amount Due.

6. Interest, Fees and Charges

6.1. The Interest rate payable on the Total Amount Owing is fixed and will stay the same for the full
duration of the Loan Agreement.
6.2. Interest will be calculated on the average daily outstanding balance, accrued daily and, where
relevant, capitalised on the due date of the instalment, and shall not exceed the maximum rate
allowed by the Act.
6.3. An Initiation Fee will be payable by You to the Loan Initiator upon conclusion of the Loan
Agreement as set out in the Pre-Agreement Statement and Quotation which shall not exceed the
maximum fee allowed by the Act.
6.4. You may elect to pay the Initiation Fee at the start of the agreement, alternatively pay the
Initiation Fee plus Interest thereon over the term of repayment of the Loan. Should You elect to pay
the Initiation Fee upfront but fail to do so by the date the Loan Agreement is concluded, the
Initiation Fee, or any part thereof, shall be deemed to have been deferred over the term of the Loan
and attract interest at the commensurate rate.
6.5. You will be charged Interest on the Loan Amount and Initiation Fee (where it is not paid
upfront) as set out in the Pre -Agreement Statement and Quotation from the date on which the
Loan is made until the full Settlement Value is paid to Us. Interest is payable on the Total Amount
Owing.
6.6. A monthly Service Fee, subject to the Act, will be charged and included in the Total Amount
Owing. The amount of this Service Fee is provided in the Pre-agreement Statement and Quotation.
7. Collection Costs
7.1. If You default on Your obligations under the Loan Agreement and We enforce our rights You
will be liable for Collection Costs incurred by Broke AF which includes all allowable tracing fees, all
attorneys and registered debt collectors’ costs which will be recovered from You on a scale not
exceeding the tariff prescribed by the Magistrates Court Act 32 of 1944, the Superior Courts Act 10
of 2013, the Attorneys Act 53 of 1979 or the Debt Collectors Act 114 of 1998.
7.2. Subject to any Applicable Law to the contrary, all expenses and charges referred to in this
clause 7 will bear Interest at the Interest rate from the date on which they are due until the date of
actual payment thereof.

8. Right to cancel in terms of the ECT

8.1. This is an electronic transaction and as such, the provisions of this Agreement are governed
by the provisions of the ECT.
8.2. In terms of section 44 of the ECT, you are entitled to cancel this Agreement without cost or
penalty on the later of the 7th (seventh) day following:
8.2.1. the date on which the Loan Agreement is accepted by you or
8.2.2. the date on which the Loan Amount is transferred into your account, whichever is the later
8.3. If You cancel this Agreement in terms of clause 8.2 above, you will repay us the Loan Amount.
8.4. In order to repay Us the Loan Amount, you hereby authorise Us to immediately initiate a one-
time debit to the bank account You have specified in the Debi Check / Debit Order Mandate in the
amount of the Loan Amount advanced to You.

9. Early Termination
You may make additional instalments/contributions or pay the Settlement Value early at any time.
No penalties will be charged for early settlement of the Loan.

10. Repayment Event

10.1. We may at any time terminate this Agreement and claim payment of the Settlement Value
from You if:
10.1.1. You commit any act of insolvency contemplated in the Insolvency Act, 1936 or are
sequestrated [whether provisionally or finally] or are placed under administration in terms of section
74 of the Magistrates' Courts Act, 1944 or become subject to debt review in terms of the Act; or
10.1.2. You are in default of this Agreement and have failed to rectify the default as required in
clause 11.
(Each of the aforementioned events will constitute a Repayment Event).
10.2. Upon the occurrence of a Repayment Event the full Settlement Value under the Loan
Agreement, whether or not such amount is then due and payable shall immediately become
payable to Us.

11. Default
11.1. You are in default of the Loan Agreement if You:
11.1.1. do something You have agreed not to do or do not do something You have agreed to do,
under this Loan Agreement;
11.1.2. give Us incorrect, misleading or deceptive information in connection with this Loan
Agreement in our view which would have affected Our decision to give You the Loan;
11.1.3. have acted fraudulently or dishonestly in connection with this Loan Agreement; or
11.1.4. commit a breach of any of the declarations provided by You to Us;
11.1.5. die; or
11.1.6. fail to make payment of any Amount Due in terms of this Loan Agreement.
11.2. If You are in default, we will give You a written notice as required by Section 129 of the Act
advising You of the default and advising You that You may refer the matter to a registered debt
counsellor, an alternative dispute resolution mechanism, ombud or consumer court, or resolve it
with Us.
11.3. If after 10 (ten) Working Days of delivery of the Default Notice, if You have not responded, or
rejected Our proposals and are in default of this Loan Agreement for a period of 20 (twenty)
Working Days, we will take action for payment of the Settlement Value and You will be liable to pay
Us any Collection Costs incurred to enforce our rights under this Loan Agreement.
11.4. If You are unable to repay the Settlement Value and/or the Amount Due and You have not
consulted with a debt counsellor despite Us informing you of your right to do so in terms of 11.2,
We may hand the Loan Agreement over to Our attorneys or a Debt Collection Agency for the
collection of the Total Amount Owing. Any Collection Costs We have incurred, as per clause 7, will
be recovered from You.
11.5. In addition, upon the occurrence of a default We will charge the Interest rate set out in the
Pre-agreement Statement and Quotation on the Total Amount Owing from the date that the amount
became due for payment, to the date on which You make payment.
11.6. In terms of the Applicable Laws, if You are in default, we may submit an adverse report of
Your default to a credit bureau. We will give You at least 20 (twenty) Working Days' notice prior to
reporting any adverse information to a credit bureau and You will be entitled to a copy of the
adverse report upon request.

12. Our Relationship with You

12.1. You agree that at the date of applying for and accepting this Loan Agreement, you are not:
12.1.1. sequestrated (whether provisionally or finally), and have not committed any act of
insolvency contemplated in the Insolvency Act, 1936;
12.1.2. placed under administration in terms of Section 74 of the Magistrates Court Act, 1944;
12.1.3. under notice of termination of employment, retrenchment or any other notice which could
affect Your employment status;
12.1.4. under debt review, having approached a registered debt counsellor in terms of the Act to
seek relief from your Creditors;
12.2. If You miss a loan repayment or find yourself in financial difficulties and You believe you
cannot afford to repay the amount due under Your Loan Agreement, you will contact Us as soon as
possible by email to support@brokeaf.co.za or by calling the Broke AF Customer Care Line at 087
265 4873; so that We can discuss a repayment plan and/or other appropriate steps.
12.3. You must tell Us when Your circumstances change in a way that may adversely impact Your
ability to repay the amount due under the Loan Agreement. You must inform Broke AF if You are at
any time placed under administration, debt review, sequestration or any other form of insolvency.
12.4. Your overall conduct on this Loan will be supplied to all the Registered National Credit
Bureaux.

13. Special offers/Promotions

13.1. From time to time, we may introduce special offers or promotions. These will be subject to
separate terms and conditions which We will publish on the Website at the time.
13.2. You will have advised Us in the Application Form whether You would like to receive such
information regarding special offers and promotions.

14. Credit Information/Confidentiality and Information Exchange with the Credit Bureaux
14.1. You agree that We are entitled to supply Your personal information, insofar as it relates to the
Loan Agreement, regarding Your Application and Your conduct, meaning your repayment, the
enforcement, collection, settlement and termination thereof to all registered credit bureaux.
14.2. As a credit provider, we supply information to credit bureaux regarding the Application,
opening, operation and termination of a Loan.
14.3. We obtain information from the credit bureaux supplied by other credit providers and share
information with other credit providers and third parties with whom You may have financial relations
so that valid credit assessment procedures can be followed.
14.4. You hereby agree that We may obtain any information of any nature whatsoever which
relates to You that may have an effect on being granted the Loan.
14.5. You agree that We may obtain from and disclose to any credit bureaux, South African Fraud
Prevention Services or any other third party with whom You have had financial relations, any
information relating to Your credit profile and credit history.
14.6. Any incorrect or false information supplied by You will be reported to the South African Fraud
Prevention Services and the Police.
14.7. The credit bureau details are as follows:
Experian Credit Bureau (Pty) Ltd
Ballyoaks Office Park
32 Corlett Drive
Illovo 2196
Johannesburg 2000
Tel: 0861 10 56 65
Email: EZA.consumer@experian.com
14.8. It is Your right, should You so wish, to make contact with the abovementioned credit bureaux
in order to have Your credit record disclosed, and to have any inaccurate information held by the
credit bureaux corrected.
14.9. You have a right to edit or change the personal information You have supplied to us, via the
"My Account" section of the Website.
14.10. This is a condensed version and if You would like to read the full details of how Your data
may be used, please visit the Website at https://www.brokeaf.co.za/.

15. Use of Personal Information

15.1. We are in possession of information that identifies You in order to:
15.1.1. verify Your identity and accuracy and completeness of the information You to provide to Us;
15.1.2. open, administer and service this Loan Agreement;
15.1.3. conduct statistical analysis;
15.1.4. develop and improve Our products;
15.1.5. update Your records;
15.1.6. identify which of Our, or other products may interest You.
15.2. Unless otherwise stated in Your Application Form, you hereby agree that We may use Your
Personal Information to:
15.2.1. assess lending and insurance risks;
15.2.2. arrange, underwrite and administer insurance and handle claims;
15.2.3. identify, prevent, detect or address fraud, money laundering and other crime;
15.2.4. carry out regulatory checks;
15.2.5. keep You informed about Your Loan and conduct market research;
15.2.6. contact You by mail, telephone, email, SMS or other method permitted by Law in relation to
offers We may feel might interest You and/or in terms of Our Privacy Policy; and
15.2.7. any other purpose agreed to by You in the Application Form.
15.3. We will keep Your Personal Information confidential and only give it to others for the above
purposes, including:
15.3.1. to Our agents, managers and subcontractors, acting for Us, to use for the purpose of
operating Our lending business and obtaining payment in terms of this Loan Agreement or any
other agreement You have with Us;
15.3.2. to share information via organisation/s which provides a centralised application matching
service which it collects from and about mortgage and/or credit applications, for the purpose of
preventing and detecting fraud and credit behaviour;
15.3.3. to financial institutions or payment intermediaries or payment distribution agencies for
purposes of payment processing;
15.3.4. with Your prior written consent, to reputable, licensed credit brokers in the event that You
apply to borrow money at www.brokeaf.co.za and Your Application is declined or the loan monies
are otherwise unavailable and We reasonably believe that a credit broker may be able to assist
You obtain a Loan;
15.3.5. with Your prior written consent, to reputable, licensed debt counsellors;
15.3.6. unless You opt out in the Application, to third parties who may use it to contact You by
email, telephone, mail, SMS or other method permitted by Law in relation to offers they feel might
interest You; and
15.3.7. in connection with certain business transactions involving Our assets or business (including
in the event We sell or buy any business or assets; in which case We may disclose your personal
information to the prospective seller or buyer of such a business or assets) as further described in
Our Privacy Policy.
15.3.8. to our Insurance Product Providers for purpose of facilitating the conclusion of the
application for the insurance you applied for.
15.4. We and other organisations may access and use from other countries the information
recorded by fraud prevention agencies. We may transfer Your Personal Information abroad to
countries whose data protection laws are less strict than in South Africa. If so, we will ensure the
information is held securely to standards as least as good as those in South Africa and only used
for the purposes set out in this clause.
15.5. Your Personal Information may also be used for other purposes for which You give Your
permission or, in very limited circumstances, when required by any relevant Law.
15.6. Your Personal Information is held subject to the Privacy Policy of Broke AF which You hereby
confirm that You have read, understood and agree to.

16. System complaints and Dispute Resolution

16.1. In the event of a dispute or a complaint, you should first refer the matter to Us. A dispute can
be lodged with Us via email to support@brokeaf.co.za, or telephonically on 087 265 4873 with brief
details of Your dispute or complaint and Your account reference number.
16.2. Our Customer Service staff will acknowledge Your complaint and/or dispute by email within 5
(five) Working Days.
16.3. We will try to resolve Your complaint and/or dispute quickly once You have contacted Us.
16.4. If We are not able to resolve Your dispute or complaint, the matter may be referred to
independent conciliation, mediation or arbitration.
16.5. If You are not satisfied with the resolution/conclusion received from Us, you are invited to
take the matter further and contact the applicable regulatory or dispute resolution body on the
contact details below:
National Credit Regulator
Telephone (011) 554-2600 or
0860 627 627
Fax (011) 484-6122
Email info@NCR.org.za
Post Address 127, 15th Road,
Randjespark, Midrand

Credit Ombud
Telephone 0861 662 837
Fax 086 683 4644
Email ombud@creditombud.org.za
Post Address Suite 444,
Private Bag 1, Jukskei Park, 2153

17. Certificate of Indebtedness

17.1. This Loan Agreement shall serve as written proof of Your indebtedness to Us. As such the
Total Amount Owing in terms of this Loan Agreement shall be proof (on the face of it) unless
disputed by You.
17.2. We may therefore use this Loan Agreement to approach a competent court for the purpose of
obtaining provisional sentence or summary judgment or any other order against You and shall be
valid as a liquid document for such purposes.
17.3. We may provide a certificate from any of our managers, whose position it will not be
necessary to prove, showing the amount that you owe to us. You agree that We may take any
judgement or order that We are entitled to in law based on the amount contained in the certificate,
unless you disagree with such amount and are able to satisfy the court that the amount in the
certificate is incorrect.

18. Amendments to the Terms and Conditions

18.1. Subject to what is set out below and any Applicable Laws, the Lender may, at Our sole and
absolute discretion and at any time amend these Terms and Conditions, except for the period of
repayment of the principal debt, unless to lengthen it or the manner of calculating the minimum
payment due, and subject to section 118(4) of the Act. We will inform You of any amendments by
sending You a Notice of Amendment or sending You the amended Terms and Conditions.
18.2. Unless governed by any Applicable Laws to the contrary, the amendments will be effective
after 5 (five) Working Days from delivery of the notice of amendment or the amended Terms and
Conditions or the monthly statement setting out the amendments.

19. Marketing Option

You may elect or opt out of the marketing options set out in the Application Form.

20. Changes required by law

If there is any change to an Applicable Law that requires Us to conduct Our business of providing
loans differently from that contemplated under this Loan Agreement, we will be entitled to make
such changes to this Loan Agreement as are required to comply with the Law. We will give You
appropriate written notice of such changes as required by the Applicable Law.

21. Debt Counsellor

If You experience difficulty in meeting Your repayments, you are invited to contact Us without
delay. In terms of section 8 of the Act, you also have a right to apply to a debt counsellor for debt
review. A fee might be payable to such debt counsellor who will then evaluate the extent of Your
indebtedness and may attempt to assist in the re-arrangement of Your debt if You are in fact over
indebted.

22. Substitution of Parties

You hereby acknowledge and agree that
22.1. the Lender is entitled, without restriction and in its sole and absolute discretion to replace the
Lender as credit provider with any subsidiary company, holding company or other associate
company (present or future), provided that such replacement credit provider shall upon such
replacement acquire all the rights and assume all the obligations of the Lender in terms of this Loan
Agreement;
22.2. the Loan Initiator is entitled, without restriction and in its sole and absolute discretion, to
replace itself as the Loan Initiator under this agreement with any subsidiary company, holding
company or other associate company (present or future), provided that such replacement Loan
Initiator shall upon such replacement acquire all the rights and assume all the obligations of the
Loan Initiator in terms of this Loan Agreement.

23. Cession and Delegation

By signing this agreement, you agree that:
23.1. Either or both of the Lender and the Loan Initiator may, without notice to You, cede any or all
of its rights and/or delegate its obligations under this Loan Agreement either absolutely or as
security to any other person or persons (notwithstanding that a cession and/or delegation from the
Lender to more than one person may result in a further splitting of claims against You, which
splitting of claims You hereby agree to). On any such cession and/or delegation taking place, you
shall, if so, required by any cessionary of the Lender, make all or any payments direct to such
cessionary.
23.2. We may disclose any information, about You including any information about the
performance of Your obligations under the Loan Agreement, to any third party to facilitate the rights
referred to in clause 23.1.
23.3. You may not cede or encumber any of Your rights nor delegate any of Your obligations under
this Loan Agreement without Our prior written consent.

24. Legal Address and Contact Details

24.1. All payments, queries, concerns, disputes and communications in respect of this Loan
Agreement shall be made and/or referred by You to the Lender (and for so long as the Lender is
Broke AF Pty Ltd, to the manager appointed by such Lender for such purpose, being Broke AF
(Pty) Ltd). You further understand and agree that all communications in respect of this Loan
Agreement shall be sent to You by the Lender or its duly appointed manager or other
representative.
24.2. You agree that any notices and statements given to You in relation to this Loan Agreement
can be delivered or served to the email address supplied by You in the Application Form.
24.3. Any notices and statements may also be put on the "My Account" section on the Broke AF
website. In such cases, you will also receive by email to Your email address a prompt to refer to
Your online account. At Our discretion, we may also deliver or serve any notice or demand on You
personally, or send it by prepaid envelope addressed to You at Your last known address. You may
deliver or serve any written notices on Us by email to: support@brokeaf.co.za
24.4. You may change Your contact details by delivering to Broke AF notice of the new contact
details by email to: Broke AF, or by editing these details via the "My Account" section of the
Website
24.5. You agree that notwithstanding anything to the contrary in this Loan Agreement, a written
notice of communication actually received by You will be adequate written notice or communication
to You notwithstanding that it was not sent or delivered to Your chosen address. Any written
communication sent by Us to You at the address We have on record for you will be deemed to
have been delivered to You.

25. Your Undertakings

25.1. You accept all of the terms and conditions of the Loan Agreement;
25.2. You agree to be bound by all of the declarations and terms contained in the Loan Agreement
and those contained in the Application Form;
25.3. You declare that all of the information that You have given now and previously, including but
not limited to the declarations provided in the Application Form either in writing or as
electromagnetically recorded via telephone conversation with the Broke AF Customer Care Centre
is true, accurate and correct in all respects and is not misleading or deceptive in any way;
25.4. You acknowledge that We are relying on the information that You have given Us;
25.5. You acknowledge that You understand and appreciate the risks, costs, rights and obligations
in the Loan Agreement;
25.6. You acknowledge that You received or were told and carefully considered the Terms and
Conditions of the Loan Agreement and all other documents that need to be signed and returned to
Us in order to accept this offer before You signed these documents;
25.7. You unconditionally absolve and indemnify Us from and against any loss, damage, costs or
expenses which either We or You may sustain or incur, either directly or indirectly as a result of
Our relying on and using the banking details and or any information supplied to Us by You or on
Your behalf, in order to pay the proceeds or collect amounts owing in respect of the Loan
Agreement;
25.8. You agree that We will not be liable for any errors or omissions from any particulars given to
Us by You or on Your behalf;
25.9. You understand and accept that all other documentation signed by You in connection with
this Loan Agreement (including the Application Form and all annexures thereto, the Pre-agreement
Statement and Quotation) forms part of the Loan Agreement, as if it had been specifically
incorporated herein;
25.10. You declare that if and where necessary the Loan Agreement has been explained to You
and You fully understand and appreciate all of Your rights and obligations in terms of the Loan
Agreement;
25.11. You understand and agree that We rely on the correctness of all the information provided by
You and We are not and not responsible for the consequences of any error or omission contained
therein and You hereby indemnify Us against any claim and/or damage whatsoever arising from
such error or omission;
25.12. You agree and consent that We will deal with Your personal information in terms of the
provisions of this Loan Agreement and Our Privacy Policy.

26. Governing Law and Jurisdiction

26.1. This Agreement shall be governed by the laws of the Republic of South Africa.
26.2. We are entitled, but not obliged to institute any proceedings arising out of or in connection
herewith in the appropriate Magistrates Court (or High Court where necessary) with jurisdiction.

27. General
27.1. All references to 'Broke AF'; 'We' or 'Us' include its lawful successors and permitted assigns.
27.2. We may monitor and record all phone calls and other interactions with you.
27.3. These electronic terms are the full complete agreement between You and Broke AF in
respect of the granting of the Loan and there are no additional unspoken or implied Terms or
Conditions and no variation, amendment, extension of time, waiver or rights, relaxation or
termination of any provisions contained in this Loan Agreement will in any way be of force or
constitute a basis to rely on an estoppel unless agreed to in writing by the Parties.
27.4. In the event of any one or more of the provisions of this Loan Agreement being unenforceable
then such provisions shall be severed from the remaining provisions of this Loan Agreement which
shall in no way be affected and shall remain in full force and effect.
27.5. No indulgence which We may grant to You shall constitute a waiver or novation of any of Our
past or future rights and We shall not thereby be precluded from exercising any rights against You
which may have arisen in the past or which might arise in the future.

Date Signed: Fri Sep 13 2024 15:45:50 GMT+0200 (South Africa Standard Time)

By clicking "I Accept" You electronically sign this Agreement and agree to be legally bound by its
terms. : I Accept

DEBI CHECK / DEBIT ORDER MANDATE

Full name(s) Payee/Account holder: Albert Masilo Mojela

Name of bank: ABSA Bank

Branch: 632005

Account no.: 9391589203

Type of account: Savings

Amount: R 2983.90

Date of debit: Day 25 of each month until 25 September 2024

Broke AF (Pty) Ltd (hereinafter referred to as "Broke AF") will provide your mandate reference via
email when the mandate request has been accepted by your respective bank as well as a copy of
this document and the loan agreement.

I hereby request and grant permission to Broke AF, its successors in title or assigns, to withdraw
funds from my abovementioned account into its account subject to the under mentioned conditions:

I hereby grant permission to Broke AF to levy debits against my above-mentioned account (or any
other bank, or branch office of a bank to which the account may be transferred) ("the debit
account") in respect of all amounts which are due and payable by me to Broke AF arising from my
present and future obligations in terms of the loan agreement entered into by me.

I hereby grant permission to my above-named bank to accept all debits levied by Broke AF in terms
of this authorisation and to debit the debit account and to regard such debits as if given and signed
by me personally and any such withdrawals shall have the same effect as if I/we personally made
them.

I hereby grant permission to Broke AF to give notice to the above-named bank of the agreement(s)
referred to in (a.) above, on my behalf, which notice is to be regarded as if having been given by
me personally.

Should the day on which payment is due fall on a Saturday, Sunday or public holiday, then
payment will take place on the business day immediately preceding the Saturday, Sunday or public
holiday concerned. This Debi Check / Debit Order mandate will not be regarded as a substitution,
an alteration or renewal of my obligation arising from the preceding business day.
I understand that no voucher will be issued to me but details of such withdrawal will be printed on
my bank statement or document accompanying my bank statement.

I undertake to pay any costs, including bank charges, which may result from this Debi Check /
Debit Order mandate.

This Debi Check / Debit Order mandate will remain in force for the subsistence of the loan
agreement despite any transfer of the debit account to any other branch.

I hereby indemnify Broke AF against all costs, charges, expenses, losses and damages which
Broke AF may suffer as a result of my bank acting in accordance with this Debi Check / Debit
Order mandate and against any claim by any party arising from the performance or non-
performance, as the case may be, in terms of this Debi Check / Debit Order mandate. I hereby
indemnify Broke AF against any interest, costs or losses and/or other damages that Broke AF may
suffer/incur arising from refusal by me or our above-named bank to accept a debit levied in terms of
this Debi Check / Debit Order mandate.

I also indemnify Broke AF against any losses and/or damages that Broke AF may suffer as a result
of the execution of this Debi Check / Debit Order mandate.

I shall be responsible for ensuring that the debit account nominated for deduction in terms of debit
order mandate shall not be closed or inaccessible for any reason.

I consent that the Debi Check / Debit Order amount initially stated may be reduced/increased from
time to time and Broke AF may amend the amount debited against the debit account accordingly.

When a deduction is requested from the debit account and there are insufficient funds available, I
hereby agree that Broke AF may collect the due amount and partial amounts from the debit
account on any other date that Broke AF may deem necessary, alternatively, Broke AF shall be
entitled to continue requesting such deduction each and every day after the date on which the
deduction was originally requested, until the full instalment has been collected, in partial deductions
or otherwise.

I hereby grant permission to Broke AF immediately to initiate a one-time debit to the debit account
specified in respect of all amounts owing to Broke AF by me, if I exercise my right to cancel the
Agreement in terms of the Electronic Communications Transactions Act 25 of 2002.

Date Signed: Fri Sep 13 2024 15:45:50 GMT+0200 (South Africa Standard Time)

I hereby authorize Broke AF (Pty) Ltd to debit the above account to collect the outstanding loan on
the agreed amount and date: I Accept

I have read and accepted the Privacy Policy of Broke AF (Pty) Ltd.: I Accept

I have read and accept the terms and conditions of the loan contract and by clicking this box you
electronically sign into this agreement as regulated by the No.25 of 2002: Electronic
Communications and Transactions Act, 2002. : I Accept

I acknowledge that I'm aware of the Debi Check Mandate that needs to be approved on my
Banking App or channel for the debit order repayment of the loan before funds will be deposited in
my account.: I Accept

________________________________________________________________________

Broke AF | A Registered Credit Provider | NCR Reg No: NCRCP17650 | Reg No: 2022/636332/07 |
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