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Online Service Terms and Conditions

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0% found this document useful (0 votes)
125 views2 pages

Online Service Terms and Conditions

Uploaded by

mugwena ndivhuwo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

TERMS & CONDITIONS

The terms and conditions as set out hereunder become binding on your accessing the website of African Bank Limited (inclusive of
any of its affiliates) (“the Company”) for the first time and constitute a binding agreement between the Company and you, as the user.
The current version, as viewed on the website, shall be the conditions that govern our respective rights and obligations each time that
you access the Company’s website.

Online services
The Company’s online products and services are subject to registration procedures and approvals, which the Company may accept
or reject, in its sole discretion. All products provided by the Company are governed by separate terms and conditions, which may be
viewed on the website, prior to completing the application process.

Nature of information on the site


Nothing on this site should be treated as an offer but merely as an invitation to do business with the Company. All online applications
submitted by you are subject to final approval by the Company. On your application being submitted, a consultant, agent or employee of
the Company will contact you to acquire any further information that may be needed and to finalise the required written documentation.
All information contained on the website is provided “as is” and should not be treated as professional or investment advice of any kind.
You should consult your own professional advisors before relying on any information on this site.

Customer communications
You acknowledge that the Company may use email and notices on this website, as the Company’s main communication tool for all
communications relating to this website, or these terms and conditions.

An email message will be considered by the Company to be sent: -

• by you, at the time when the Company is capable of accessing your message;
• by the Company, at the time when the message is shown as having been sent, or if not so shown, at the time shown on the Company’s
computer system as having been sent.

An email message will be considered by the Company to be received: -

• by you, on the message becoming capable of being retrieved by you;


• by the Company, on the Company confirming receipt thereof to you, or responded thereto, whichever is the earlier.

Amendment to these conditions


The Company may amend these terms and conditions from time to time. By accessing this website you are bound to the version of the
terms and conditions published at the time of your visit to the website. You agree to view the current version each time you access the
site. A certificate signed by the administrator responsible for maintaining this site will be prima facie proof of the date of publication and
content of the current version and all previous versions of the conditions.

Linked third party sites


The Company’s website may contain links to other third party websites with information and material produced by other parties. While
the Company tries to provide links only to reputable websites, the Company cannot accept responsible or liability for the information
provided on other websites.

Permission for hyperlinks, deep linking, crawlers and meta tags


No one may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as
linking) to this site or any subsidiary pages before receiving prior written approval from the Company, which approval may be declined,
in the Company’s sole discretion or may be granted subject to certain conditions. Where the Company fails to respond to your request
within five business days, you may consider your request as having been declined. Breach of these conditions entitles the Company to
take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to the Company on
an attorney and own client scale.

The Company’s intellectual property


The Company shall at all times retain all copyright and other intellectual property rights in and to it’s material, including logos and other
graphics and multimedia works published on or via the Company’s website. You are authorised to print such printouts, provided that:

• the material is used for the purposes of considering use of the online services and for no other commercial purposes;
• any reproduction of the Company’s proprietary material as contained on the Company’s website or any part thereof must include the
Company’s copyright notice in its entirety.
The logos and trademarks shown on this website are the Company’s registered and unregistered trademarks or that of third parties.
Nothing on this site should be construed as granting any licence or right to use any trademark without the Company’s prior written
permission and/or that of third parties concerned, as the case may be. You may not, without the Company’s prior written permission,
SCVB1602_003_Terms & Conditions

use the intellectual property of the Company or that of third parties for any other purposes. Irrespective of the existence of copyright,
the Company is the proprietor of all material on its website, whether it constitutes confidential information or not.

Software
Your failure to use these the latest versions of Microsoft Internet Explorer, Mozilla Firefox, Chrome or Safari browsers may result in a
higher security risk and/or cause some or all of the functionality of the website not to operate properly or at all. Where the Company
makes available certain software for download, use of such software is governed by licence conditions that establish a legal relationship
with the licensor. You indemnify the Company against any breach of these licence conditions. The Company does not warrant that the
software made available is of a suitable quality or fitness for purpose for which you wish to use it.
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No warranty, whether express or implied, is given that any files, downloads or applications available via this website do not contain
viruses, trojans, bombs, time-locks or any other data or code that has the ability to corrupt or affect the operation of your computer,
database, network or other information system.

Transmission of information
Information transmitted via an unsecured link over the Internet, including email, is susceptible to potential unlawful access, distortion
or monitoring. The Company has attempted to limit the risks inherent in communicating via the Internet, by the implementation of its
privacy and security policy. The provisions of the Company’s privacy and security policy may be viewed on this website. Notwithstanding
the implementation of this policy, the Company is not capable of preventing unlawful activities by unscrupulous persons and as such,
you accept that the Company cannot be held liable for any loss, harm or damage suffered by you as a result. To limit these risks, the
Company may request independent verification of any information transmitted by you via the website or email from time to time.

Termination, suspension and limitation


The Company may modify, suspend or discontinue its website, whether temporarily or permanently, without notice. The Company may
further impose limits or conditions on the access to certain services, features or functions.

No warranties or representations
The Company gives no warranties or representations of any nature. The Company does not warrant that the website or online services
will be error-free or that it will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
The Company expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a
particular purpose, non-infringement, compatibility, security and accuracy.

How disputes will be resolved


Where any disputes arises in connection with the Company’s website, or the use thereof, such dispute will be submitted to and decided
by arbitration. Such arbitration will be held with only the parties and their representatives present at the offices of the Arbitration
Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration
Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation. Either party
will be entitled to have the award made an order of court of competent jurisdiction. Notwithstanding the aforesaid, either party may
approach a court of competent jurisdiction where an interdict is sought or urgent relief may be obtained from a court of competent
jurisdiction.

Capacity to enter into agreements


You hereby warrant to the Company that you have the required legal capacity to enter into and be bound by contractual terms. Where
you are an un-emancipated minor, you require the assistance of your legal guardian, when accessing this website and being bound by
these conditions.

Domicilium citandi et executandi

Our chosen address for any legal notice is: -


Group Legal department
African Bank, Head office
59 16th Road
Halfway House
Midrand

Applicable law and jurisdiction


These terms and conditions will be governed and construed in accordance with the law of the Republic of South Africa.

General provisions
The headings of the clauses in the terms and conditions are provided for convenience and ease of reference only and will not be used to
interpret, modify or amplify the terms or the conditions. No failure or delay to exercise any of the Company’s rights will be construed as
a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these conditions or prejudice
the Company’s rights to take subsequent action against you. If any of these terms, conditions or provisions are held to be invalid,
unlawful or unenforceable, such term, condition or provision will be deleted from the remaining terms, conditions and provisions, which
will continue to be valid to the full extent permitted by law.r
SCVB1602_003_Terms & Conditions

African Bank Limited - Registration Number 2014/176899/06


Tel: 011 256 9000 Address: 59 16th Road, Midrand, South Africa Postal: Private Bag X170, Midrand, 1685, South Africa
NCR Registration number: NCRCP7638. African Bank is an Authorised Financial Services and Credit Provider.
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