These terms and conditions apply between the Bank and a client who uses the Bank's Internet Banking facility, hereinafter referred to as "the facility".
These terms and conditions also apply to any person or persons the client appoints to use the facility, hereinafter referred to as "authorized users”.
By registering to use the facility and/or obtaining access to use the facility and/or using the facility the client and authorized user agrees to be bound by the terms and conditions hereunder:
1. SAVING OF PRE-EXISTING BANK-CLIENT RELATIONSHIP AND APPLICABLE TERMS AND CONDITIONS
1.1 The client agrees and acknowledges that not
withstanding these terms and conditions, it
remains bound by any other terms and conditions
and rules of the Bank that govern its accounts, the
Bank's services and the bank-customer
relationship between the Bank and the client.
12 This agreement and the use of the faciity by the client
shall not by whatsoever means vary or be consirued so
as to vary the salient bank-customer relationship
between the Bank and the client.
1.3 The cient undertakes to acquaint itself and to comply
with any user guidelines in relation to the facility that the
Bank may publish and make available from time to time
by whatever acceptable means at its disposal, which
guidelines are hereby incorporated by reference in
these terms and conditions.
1.4 Where there is confict between the guidelines and these
terms and conditions, these terms and conditions shall
prevail.
2. THE FACILITY
The Bank offers and the Client hereby accepts the
faclity, which enables the client to make use of remote
elecironic non-card based self-service banking channels
in respect of the clent's accounts which are held with
the Bank, which banking channels enable the client to
inter alia; conduct balance inquiry on its accounts,
statement prints, conduct funds transfers, make bil
payments, mobile cellphone recharges, change of
authorized users and otherwise elecironicaly instruct the
Bank as per ihe bankcustomer relationship existing
between the Bank and the client.
3. USE OF THE FACILITY
3.1 The clent warrants and shall take care that all information
{electronic or otherwise} that it provides to the Bank
pursuant to its use of the facility and during the course of
its use of the facility is and wil be true and correct in all
aspects.3.2. Information and instructions given by the
client to the Bank shall not be without legal force merely
on the ground that they are wholly or partly in elecironic
form.
3.2 The Bank shal not be held fable to the cient or to any
authorized person for any loss or damage occasioned
by failure of the same to adhere to these terms and
conditions and to user guidelines or any such other terns
and conditions (whether express or implied) that may
apply fo the client in terms of the legal relationship
between the Bank and the client.
3.3 The Bank is entitled, without lablity otherwise being
atiriouted thereto, to act upon and accept all
electronic communications pursuant to the client and/or
authorized user and/or such other user having provided
and/or entered the necessary information to identify the
client with fis associated accounts held with the Bank,
where with the same information has been accepted
by the Bank pursuant to the making use of the facility by
the clent and/or authorized user and/or such other
person.
3.4 The Bank shall issue the client with certain access
information to enable the client's use of the facility
and to verify the client's identity in relation to the
client’s use of the facility in connection with the
client's accounts which are held with the Bank.
Such access information shall be in the manner of,
but not necessarily limited to; an account number,
a user name, a PIN (personal identification
number), a password or all or a combination of the
aforementioned.
3.5 Itis the client's sole responsibilty and duty to keep such
access information secret and safe, divulging it only to
authorized users where this is desrable to the client or as
otherwse deemed necessary by the cient. 3.6 By
appointing an authorized user (either expressly or
impiedy by words or conducij,and thereby through
such appointment allowing the authorized user to
access the facility in relation to tts accounts, the client
warrants and gives such authorized user authority to act
as the client's agent. Any acts (commissions or omissions
as the case may be) thereafter of the authorized user
shall be attriouted to the client by the Bank.
3.6 All electronic communications that are sent to the
Bank once the client's verification requirements
are met during access to the facility shall be
treated as valid and authentic and shall otherwise
have the same legal effect as written and signed
paper communications transmitted by the client
tothe Bank.
3.7 Notwithstanding the transmission of electronic
communications to the Bank by the client, the
Bank reserves the right to refuse to act upon such
electronic communications and to cancel the
client's access to the facility {either temporarily or
permanenily) if the client does not meet the
verificationrequirements.
3.8 It shall be the sole responsibility and duty of the
client to notify the Bank immediately or as soon as
reasonably possible where it suspects or has
become aware that its access information has
been lost or forgotten, or that it has been stolen, or
that it may be otherwise used by another person or
persons without the client's permission.
3.9 It shall further be the client's sole responsibility to
procure or to otherwise acquire the necessary
equipment to effectively use the facility, such
equipment being but not necessarily limited to;
computer hardware and computer software as
may be recommended by the Bank from time to
time and access to secure and speed-
appropriate internet services provided by an
Internet Service Provider (ISP}.
3.10 The Bank shall not be held liable to the client for
the acts or omissions of third parties both generally
and in so far as such acts or omissions are
performed by the third parties in relation to the
client's use or intended use of the facility. For the
avoidance of doubt a third party shall be
regarded as a person (either fictitious or natural)
who Is not the Bank, the client or an authorized
person
3.11 The Bank shall furthermore not be held liable for
hyperlinks to third party website's, or third party
content, or third party software, or any other third
party goods or services, notwithstanding that the
Bank may make the aforementioned products
available to the client from time to time in relation
to the use of the facility. The terms and conditions
that are applicable to these products form a
separate agreement between the client and the
third party.
3.12 Whilst the Bank will endeavour to provide
uninterrupted access to the facility in so far as this is
reasonably possible and while notwithstanding
any provision to the contrary herein, the Bank may,
at is sole discretion, temporarily suspend and/or
terminate the facility at any time without notice to
the client.
3.13 The Bank reserves the right to change the terms
and conditions embodied herein by whatever
acceptable mea
4, TARIFFS AND FEES PAYABLE FOR USE OF THE FACILITY
4.1. The client undertakes to pay to the Bank such
tariffs, service fees and other charges that are
designated by the Bank from time to time for the
use of the facility as per the Bank's pricing guide,
guidelines, and/or practice.
4.2. Such tariffs, service fees, levies and charges so
payable shall be debited from the client's
accounts which are used in relation to the facility
and which are thereby associated with the use of
the facility by the client. Such debits may take
place without notice having to be given to the
client by the Bank.
4,3. If the client fails, refuses or otherwise neglects to
pay the amounts constituting the mentioned
tariffs, service fees, levies and stamp duties as they
become due and payable to the Bank in the
ordinary course of business, the Bank may refuse
the client access to the facility either temporarily or
permanently.
5. CLIENT SUPPORT
5.1 The Bank may, if the client so requests, provide the
client and its authorized users with the necessary
training in the operation and use of the facility, free
of charge. However the Bank shall not be liable for
any mistakes or errors made by the client or
authorized users as a result of failure to request
training or failure to follow the correct operational
methods as trained by the Bank.
5.2 The client shall, at all times, follow the security
procedures recommended by the Bank from time
to time failing which, the Bank shall not be liable for
any unauthorized online access to the client's
bank account and any unauthorized transactions
resulting from such unauthorized access.
INDEMNITY
6.1 The client hereby waives its rights in respect of, and indemnifles and holds the Bank harmless against any demands, claims, loss or action
related to or In connection with the use of the facllity arising out of breach of security, malfunctioning hardware or software or unauthorized
access to the client's account unless such demand, claim or action arose as a direct consequence of the gross negligence or wilful
misconduct of the Bank or any ofits employees.
6.2 Any demand, claim or action arising against the Bank in connection with the circumstances outlined in 6.1 above shall be limited to direct
damages. Special or consequential damages are hereby specifically excluded.
6.3 The client further indemnifies the Bank from all demands, claims, actions, losses and damages of whatsoever nature which the client may
suffer or incur arising from its acting, or not acting, on any instruction or arising from the malfunctioning, failure or unavallabllity of hardware,
software or equipment or the loss or destruction of any data, power failures, corruption of storage media, interruption or distortion of
communication links, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond the Bank's control.