Consumer Protection Act (CPA)

Your attention is drawn to the following clauses highlighted in bold:

•  which limit the risks and liability of the Bank to you and other parties (clauses 4.2, 4.3, 4.5, 6.6, 6.10, 8.2, 9.3, 10.1, 17, 19.1 21.1, 21.3, 21.4.1, 21.4.2, 21.4.3, 21.6.1, 21.6.5, 21.7, 21.8, 21.9 and 24.5);

•  where you assume certain risks and liabilities (clauses 4.8, 6.5, 6.9, 8.1, 8.3, 8.5, 10.1, 10.2 and 21.3);

•  which impose an obligation on you to indemnify the Bank in certain circumstances (clauses 5.9, 16.4 and 20); and

•  where you acknowledge that you are aware of certain facts relating to Remote Banking (clauses 4.5, 4.10, 5.4, 5.5, 6.8, 8.4, 8.6, 11.1, 12.1, 14, 18.1, 19.2, 21.4, 21.6, 21.9, 22.2, 22.3 and 24.6)

If you require an explanation of these clauses the Capitec Consultant will assist you.

REMOTE BANKING TERMS AND CONDITIONS

1.  INTERPRETATION

1.1  For the purposes of this Agreement:

1.1.1  "Agreement": means the agreement in relation to Remote Banking concluded between you and us, which agreement shall be governed by these Terms and Conditions.

1.1.2  "Confirmation Message" means a confirmation message generated through the Remote Banking (App), should you have downloaded and activated this on your cellphone, in order to authorise transactions and authenticate your sign in to Remote Banking (Internet);

1.1.3  "Facility Account" means your credit facility account with us, which you can access with your Registered Cellphone Number;

1.1.4  "Facility Agreement" means the credit facility agreement concluded in respect of the Facility Account;

1.1.5  "Loan Account" means your multi loan account with the Bank, which you can access through Remote Banking;

1.1.6  "Loan Agreement" means the loan agreement concluded in respect of the Loan Account;

1.1.7  "Password" means a secret password previously chosen by you, using the Bank's internet banking functionality, to verify your identity when accessing such internet banking functionality;

1.1.8  "Prepaid Products" means any prepaid utility products including, without limitation, cellular or electricity products, the purchase of which may be supported and facilitated by the Bank from time to time;

1.1.9  "Third Party Payments" means any payment which takes place via participating third parties, using Remote Banking, as may be allowed and enabled by the Bank from time to time;

1.1.10  "Registered Cellphone Number" means your cellphone number that is chosen by you during the registration process for Remote Banking, or the cellphone number that is subsequently chosen by you in branch, or that is chosen by you using any other method allowed by the Bank from time to time, and that was/will be used in the activation of Remote Banking;

1.1.11  "Remote Banking" means the banking functionality to access selected products and services offered by the Bank using:

1.1.11.1   Remote Banking (Internet); or

1.1.11.2   Remote Banking (App).

1.1.12  "Remote Banking (App)" means the software application made available by the Bank and installed on your cellphone, which is used for:

1.1.12.1  security authentication of certain Remote Banking transactions; and/or

1.1.12.2  banking functionality.

1.1.13  "Remote Banking (Internet)" means banking functionality offered by the Bank using a web based browser to access https://direct.capitecbank.co.za/ibank;

1.1.14  "Remote PIN" means a secret number chosen by you, used to verify your identity when accessing and transacting on Remote Banking;

1.1.15  "Token on Keyring" means the encrypted device supplied by the Bank, which generates random one time passwords and is uniquely linked to your Remote Banking (Internet) profile;

1.1.16  "Capitec Bank account" means your account/s with Capitec Bank that is/are registered for use with Remote Banking;

1.1.17  "Software" means the software to be downloaded and installed on your cellphone to use the Remote Banking (App);

1.1.18  "Token Password" means a one-time password generated by the Remote Banking (App) under certain conditions or by a Token on Keyring, for authentication purposes, when you access and transact on Remote Banking.

1.1.19  "we", "us"," "the Bank", "Capitec Bank" and "our" refers to Capitec Bank Limited, registration number 1980/003695/06, its successors in title and assigns, of No 1 Quantum Street, Techno Park, Stellenbosch, 7600.

2.  PRODUCT/SERVICE TERMS AND CONDITIONS

2.1  The terms and conditions of this Agreement ("Terms and Conditions") bind you from the moment you have registered at a Capitec Bank branch to use Remote Banking facilitated by the Bank, or alternatively from the moment you have followed any other process prescribed by the Bank for such registration.

2.2  The Terms and Conditions shall supersede and replace any existing agreements entered into between you and the Bank in regard to Internet or Remote Banking.

2.3  Any transaction you carry out through Remote Banking relates to one of the Bank's products or services. In the event of a conflict between the product/service terms and conditions and these Terms and Conditions, the product/service terms shall prevail.

3.  REGISTRATION, UPGRADE AND ACTIVATION

3.1  When registering for or upgrading to Remote Banking in branch:

3.2  To activate or reactivate Remote Banking you must complete the Remote Banking activation process, which may include:

3.3  To activate or reactivate Remote Banking when using a newly issued Token on Keyring, you will be required to perform the actions listed in clauses 3.2.3 through Remote Banking (Internet) and 3.2.4, as well as activating your Token on Keyring, by contacting the Bank's Client Care Centre on 0860 10 20 43.

3.4  If you choose to upgrade to use Remote Banking (App) from previous security types online, then you will be required to follow the specified process and will be required to change your password to a Remote PIN of your choice.

3.5  If you are an existing Token on Keyring user with a valid Password, at the time of entering into this Agreement online and you wish to continue using the Token on Keyring, then you will continue using your Password and you will only have access to Remote Banking (Internet).

4.  USING REMOTE BANKING

4.1  Every time you use Remote Banking, you will be required to:

4.1.1  enter your username, for Remote Banking (Internet);

4.1.2  enter your Password or your Remote PIN; and

4.1.3  enter your Token Password or respond to the Confirmation Messages displayed on your cellphone.

4.2  Remote Banking provides you with an opportunity to review transactions, and to correct mistakes or to stop the Remote Banking process before submitting transactions. The Bank will not be responsible for any loss or damage caused by your error. The Bank will also not be liable for payments made by you to unintended beneficiaries due to the input of incorrect information, nor is the Bank responsible for the verification of the identity of beneficiaries. The Bank cannot reverse or cancel any duplicate or erroneous payments you make to other accounts. The Bank will not be liable for any act or omission on the part of any institution where such other account is held. Without taking anything away from the general nature of this provision, you may request the Bank, through Remote Banking, in advance to cancel future-dated payments and the Bank shall cancel such payments only if such cancellation is permitted or still within our control.

4.3  An instruction will only be deemed to have been received by the Bank once the Bank has confirmed receipt thereof, or has processed the transaction, whichever is the earlier. If you are unsure as to whether a transaction has been processed, you should draw a statement of the account or contact the Bank before you resubmit the instruction. Resubmitting an instruction may cause the Bank to process the same transaction twice, for which the Bank will not be liable.

4.4  When you have completed a Remote Banking session you must make sure that you have signed out from Remote Banking.

4.5  Information communicated through unsecured links or through company or other private networks may be subject to unlawful monitoring, distortion and unauthorised access. You acknowledge that this is beyond the control of the Bank and agree that you cannot hold the Bank liable for losses suffered as a consequence of insecure communication.

4.6  You must never sign in to Remote Banking (App) using any application or software provided by any party other than the Bank, besides your cellphone's operating system, and you must never sign in to Remote Banking (Internet) using any application or software provided by any third party besides the operating system of your personal computer or other device and web browser.

4.7  You need to ensure that the cellphone on which Remote Banking (App) will be installed and the infrastructure that supports the cellphone meets the minimum requirements prescribed by the Bank to allow Remote Banking (App) to operate. If this is not possible you will not be able use Remote Banking and will need to use an alternative type of security and sign the relevant Remote Banking agreement.

4.8  It is your responsibility to ensure that the integrity of the operating system of your cellphone, personal computer or other device as well as the web browser that you use to access Remote Banking is not compromised in any way.

4.9  By providing the Bank with the information provided in this agreement, you consent to its use for the provision of the Remote Banking service to you and to the forwarding of this information to any third party who may be appointed by the Bank to facilitate the operation of the Remote Banking.

4.10  You acknowledge that should you repeatedly enter incorrect sign in details when using Remote Banking your access to Remote Banking may be suspended. Should this happen you need to call the Bank's Client Care Centre on 0860 10 20 43, in order to reinstate your Remote Banking.

5.  SECURITY

5.1  To enhance the security of Remote Banking you will be required by the Bank to use the Remote Banking (App) or Token on Keyring to:

5.1.1  confirm your sign-in to Remote Banking (Internet);

5.1.2  approve certain Remote Banking functions and transactions in respect of which the Bank may require verification;

5.1.3  enter your Remote PIN and/or Token Password whenever required;

5.1.4  only enter your Remote PIN and/or Token Password on the Bank's Remote Banking (App) or on Remote Banking (Internet) and not any other place.

5.2  For security in relation to use of Remote Banking (Internet) with Token on Keyring, Remote Banking (Internet) will request a Token Password which will be generated by the Token on Keyring to confirm certain Remote Banking functions and transactions initiated by you.

5.3  Security in relation to use of the Remote Banking (App):

5.3.1  The Remote Banking (App) will display messages on your cellphone, prompting you to confirm certain Remote Banking functions and transactions initiated by you.

5.3.2  If at any time, however, Remote Banking (App) is only able to operate in offline mode, then you will only be able to use Remote Banking (App) to generate Token Passwords, required for sign-in (on each occasion after registration) and the approval of certain Remote Banking transactions or functions initiated by you.

5.4  You acknowledge that Remote Banking (App) can only operate on one (1) cellphone.

5.5  You acknowledge that each time the Remote Banking (App) or Remote Banking (Internet) is used for purposes of Remote Banking, after you have signed in as described in clause 4, the Bank shall assume that it is you who is accessing Remote Banking, and/or approving the function, transaction or instruction provided to the Bank and all such actions shall be deemed to be approved by you. Our records of your transactions will be proof of instructions you have given us, unless you can prove the contrary.

5.6  The Bank reserves the right in its absolute discretion to recall or suspend the Remote Banking (App) or Token on Keyring or to replace it, if the Bank so wishes, with any other acceptable security type to access and use Remote Banking.

5.7  If you wish to replace the Remote Banking (App) or Token on Keyring with an alternative, acceptable security type allowed by the Bank, or if so required by the Bank, you may do so by visiting any of the Bank's branches, or by any other method allowed by the Bank from time to time and following the prescribed process.

5.8  If after activation, the Remote Banking (App) is uninstalled or faulty, for whatever reason, then you can no longer use Remote Banking until you have visited a Bank branch and followed the required process or replaced it by any other method allowed by the Bank from time to time and following the prescribed process.

5.9  You must only access Remote Banking (Internet) through the following link: https://direct.capitecbank.co.za/ibank. All liability of the Bank is hereby expressly excluded in instances where Remote Banking (Internet) is accessed through any other link or method and you hereby indemnify the Bank from any loss or damages you suffer as a result.

6  REMOTE BANKING (APP) SOFTWARE

6.1  The Software to use the Remote Banking (App) may be made available from time to time to you by the Bank and downloaded in accordance with clause 6.5.

6.2  The Remote Banking (App) will only be available on certain supported cellphones, as determined by the Bank, and nothing contained in these Terms and Conditions or any other agreement between you and the Bank shall oblige the Bank to support or continue to support any specific cellphone.

6.3  No intellectual property rights in the Software are sold or transferred to you in terms hereof and you are only granted a licence to use the Software for the purpose of Remote Banking with the Bank. All intellectual property or other rights in and to the Software which are not granted to you in these Terms and Conditions or any other written licence agreement with the Bank are expressly reserved by the Bank.

6.4  The Bank may make updates of the Software available from time to time. To ensure that Remote Banking (App) operates correctly you must comply with any update notifications sent to you by us from time to time.

6.5  The Software must be downloaded through an installation link containing the following: "http://direct.capitecbank.co.za" exactly, followed by the rest of the link, which will be provided to you by us by SMS to your Registered Cellphone Number; alternatively the Software may be downloaded from any cellphone application store approved by the Bank, provided that you must ensure that the name of the application downloaded is "Capitec Remote Banking " exactly.

6.6  Only Software downloaded as specified in this clause 6 shall be supported by the Bank under these Terms and Conditions, regardless of the download server on which the Software is hosted. All liability of the Bank, including without limitation, for loss and damage arising from security breaches of Software, is hereby expressly excluded in instances where the Software is downloaded through any other installation link or method.

6.7  In instances where the Software is obtained from a mobile application store and a separate end-user licence agreement is required to be accepted by you upon downloading the Software, you will be required to accept such end-user licence agreement in order to proceed with your use of Remote Banking (App) and once you have provided the necessary acceptance you will be bound by the terms of such agreement.

6.8  You acknowledge that the Bank may at any time revoke the rights granted to you in relation to the Software and cancel your use of Remote Banking (App) in relation to your access to the Bank's Remote Banking.

6.9  You accept the Software "as is" without warranty of any kind. All express or implied warranties, conditions, representations, indemnities and guarantees with respect to the Software, howsoever arising are hereby excluded.

6.10  You acknowledge that the Bank cannot warrant that the Software will be compatible with or will operate with your cellphone or any hardware or software on your cellphone. The Bank will not be liable for any loss or damage suffered by you as a result of such non-compatibility or malfunction.

7.  TOKEN ON KEYRING

7.1  The Bank shall at all times remain the owner of the Token on Keyring and you may only use the Token on Keyring to generate Token Passwords for purposes of transacting via Remote Banking (Internet).

7.2  If you lose your Token on Keyring you will have to pay a replacement fee to replace it, which fee shall be at the discretion of the Bank.

7.3  Each time the Security Token on Keyring is used to generate a Token Password used to sign in to Remote Banking (Internet) or to approve a transaction or instruction, the Bank shall assume that it is you who signed in to Remote Banking (Internet) and/or approved the transaction or instruction provided to the Bank and all such transactions shall be deemed to be approved by you.

7.4  The Bank reserves the right in its absolute discretion to recall the Token on Keyring and to replace it if the Bank so wishes, with any other acceptable security type to use Remote Banking.

7.5  If you wish to replace your Token on Keyring with an alternative, acceptable security type allowed by the Bank, or, if you are required to do so by the Bank, you may do so by visiting any of the Bank's branches and following the prescribed process.

8.   ACCOUNTABILITY

8.1  You will be responsible for and accountable to the Bank with regard to any Remote Banking transactions performed with any of the following:

8.1.1  your username;

8.1.2  Password;

8.1.3  temporary PIN;

8.1.4  Remote PIN;

8.1.5  relevant confirmation message responses or Token Passwords.

8.2  Until you notify the Bank to suspend your Remote Banking access, the Bank will not be responsible or liable for any transactions that are performed without your knowledge or consent and you hereby indemnify the Bank from any loss and damages you suffer as a result.

8.3  For the sake of your banking security, you must ensure that your Password, Remote PIN, temporary PIN and Token Passwords are never disclosed to any third party, that no third party is ever allowed access to your Token on Keyring, Remote Banking (App) installed on your cellphone or Remote Banking (Internet) once you've signed in and that the cellphone on which Remote Banking (App) is installed and/or your Token on Keyring is safely kept in your possession or under your control at all times.

8.4  No member of the Bank's staff will request your Password, temporary PIN, Remote PIN and/or relevant confirmation message responses, Token Passwords or access to Remote Banking (App), Remote Banking (Internet) or Token on Keyring, either verbally (telephonically or face to face) or in writing (including without limitation in emails or SMSs), or via any other means, except through the Remote Banking (App) or Remote Banking (Internet).

8.5  While the Bank may from time to time publish guidelines to assist you in the protection of your Password, temporary PIN, Remote PIN and/or relevant confirmation message responses, Token Passwords and the secure retention of the cellphone on which Remote Banking (App) may be installed and/or your Token on Keyring, you remain solely responsible for the security of the foregoing.

8.6  You acknowledge that the aforementioned guidelines cannot be absolutely comprehensive and the provision of the guidelines will not transfer any liability or obligation to the Bank that is not expressly undertaken by the Bank in terms of this agreement.

9.  ENDING YOUR USE OF REMOTE BANKING

9.1  The Bank may end your use of and access to Remote Banking at any time, for any reason whatsoever, on reasonable notice to you. Instructions given to the Bank and not yet carried out prior to such ending of your access, will not be affected by such ending of access.

9.2  The Bank may, however, end your use of and access to, or suspend or cancel your access to Remote Banking immediately and without any notice to you if:

9.2.1  the Bank determines in the exercise of its discretion that your behaviour was inappropriate, illegal or constituted misconduct;

9.2.2  you breach these Terms and Conditions; or

9.2.3  a fraudulent transaction is conducted (or attempted) directly or indirectly by you or by anyone else pretending to be you.

9.3  In the event of the Bank ending your access to Remote Banking, we will not be liable for any losses or damages, of any nature, suffered by you or a third party. Our rights in this regard are expressly reserved.

9.4  You may at any time cancel your use of Remote Banking by visiting a Capitec Bank branch with your card and the relevant supporting documents we may require from time to time, and/or submitting to Biometric identification if required and following the prescribed process, or by any other method as may be allowed by the Bank from time to time.

9.5  When you cancel your use of Remote Banking, your full indebtedness to us with respect to all transactions remains due and payable. We reserve our right to set off your full indebtedness to us against any other account held with us.

10.  LINKS TO THIRD-PARTY WEBSITES

10.1  For your convenience, the Remote Banking (Internet) website may contain links to other websites belonging to or operated by third parties ("third-party websites"). By making the hyperlinks available the Bank is not endorsing and gives no warranties relating to third-party websites, their content, products or the performance thereof, services they offer, the owners or administrators of these third-party websites or their business or security practices. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third-party websites.

10.2  The Bank has no control over such third-party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third-party websites. You hereby waive any claim that you may have against the Bank arising out of any loss or damage that you may suffer as a result of you connecting up with third-party links or communication systems. You agree that where you access third-party websites, you do so entirely at your own risk.

11.  REPORT ALL IRREGULARITIES

11.1  You must report any irregularities regarding your use of Remote Banking, including the compromise of Password, temporary PIN and/or Remote PIN and/or relevant confirmation message responses, Token Passwords, Remote Banking (App), Remote Banking (Internet), Token on Keyring and/or the loss or theft of your SIM card or cellphone on which Remote Banking (App) has been installed, as well as any communication aimed at soliciting any of the above, to our Client Care Centre (0860 10 20 43) or to a Bank branch.

11.2  When you have informed the Bank of any irregularity, the Bank will on your request:

11.2.1  refuse to process any instructions received after your request until you have obtained a new Password, temporary PIN, Remote PIN or Token on Keyring (where applicable);

11.2.2  suspend at our discretion the processing of any instructions received prior to your request; and/or

11.2.3  attempt to reverse transactions which the Bank believes have resulted from unauthorised instructions.

12.  FRAUDULENT ACTIVITIES

12.1  The Bank is entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud. If the fraud, or suspected fraud, occurs while a person is signed in to Remote Banking using any or any combination of the following: your username, Password, temporary PIN, Remote PIN and/or relevant confirmation message responses, Token Password or Token on Keyring or the Remote Banking (App) installed on your cellphone, then such investigation may include a forensic audit of your personal computer, cellphone and/or any other electronic device used for Remote Banking by yourself. You therefore, without any limitation, authorise the Bank to conduct a forensic audit on your personal computer, cellphone and/or any other electronic device you may have used for Remote Banking, which audit will be confined to the purposes of this agreement.

12.2  You must inform the Bank immediately if you become aware that a suspicious transaction has occurred and also report the matter to the South African Police Service. You will also be required to cooperate with the Bank and the South African Police Service in any investigation conducted into losses that you suffered as a result of such Remote Banking fraud.

13.  NOTICES

13.1  You agree that it will constitute sufficient notice to you if the Bank publishes notices required in terms of this agreement, legislation or regulation on the Bank's website, by sending or displaying a notice when you sign in to Remote Banking or sending such notification by email, SMS or any other communications technology used by the Bank. Any notices so issued by the Bank will, as far as they contain contractual terms relating to Remote Banking, also form part of this agreement and it shall be deemed that you received the notice 24 hours after it has been sent or displayed by the Bank.

14.  AVAILABILITY

14.1  You acknowledge that Remote Banking or certain functions thereof may at times not be available for various reasons and that the Bank has the discretion to suspend its Remote Banking. The Bank shall not be liable for any loss or damage whatsoever, caused as a result of such unavailability or suspension.

15.  CONTENT

15.1  No information on Remote Banking shall be construed as an offer to enter into any transaction with the Bank, but only constitutes an invitation to do business.

16.  INTELLECTUAL PROPERTY RIGHTS

16.1  The Bank retains all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on our website and/or via Remote Banking. You are authorised to view and download one (1) copy to a local hard drive or disk, and print or make copies of such printouts, provided that:

16.1.1  the material is for personal use to consider the use of online services and not for any commercial purposes; and

16.1.2  any reproduction of our proprietary material from this site or portion of it must include our copyright notice in its entirety.

16.2  The logos and trademarks shown on our website and/or on Remote Banking (App) are our registered and unregistered trademarks or that of third parties. Nothing on our website and/or Remote Banking should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes.

16.3  An application to use our intellectual property must be submitted to [email protected] Upon receiving your application we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five (5) business days, consider your request as having been rejected.

16.4  If you submit any content to this website, you grant by the submission of such content a transferable, perpetual, worldwide and royalty-free licence to use the content in any manner whatsoever. If the intellectual property rights of any content submitted by yourself is owned by a third party, you undertake to notify the Bank immediately of the situation and you indemnify the Bank upon submission against any claims that such third party may bring against the Bank for the use of third-party content submitted to the website by yourself.

17.  NO WARRANTIES

17.1  To the fullest extent permissible by law, no warranties, whether express or implied, are made of any kind in respect of Remote Banking including the performance, quality, security, content, information, availability, accuracy, safety or reliability of Remote Banking.

18.  MONITORING OF COMMUNICATIONS

18.1  You consent to the Bank collecting, processing, storing and sharing your personal information within the Bank in the ordinary course of our business of providing Remote Banking to you. You expressly give your consent to the Bank to monitor your Internet and email traffic on our website and your use of Remote Banking. You acknowledge that the Bank may monitor Internet and email traffic on our website as well as your use of Remote Banking, primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of these Terms and Conditions and:

18.1.1  to maintain the integrity and security of our website, information technology systems and Remote Banking;

18.1.2  to investigate and detect any unauthorised use of our website, information technology systems and Remote Banking; and

18.1.3  as an inherent part of and to secure the effective operation of our website, information technology systems and Remote Banking.

19.  MULTI LOAN AND CREDIT FACILITY WITHDRAWAL SERVICE

19.1  A request using Remote Banking for a withdrawal from your Loan Account or Facility Account cannot be cancelled or revoked once sent to us. You will not hold us liable if you execute the same withdrawal request more than once and any such request shall not be reversible.

19.2  You acknowledge that a withdrawal request is deemed to be received by us only once we have confirmed that we have received it. If we fail to confirm receipt of your withdrawal request, do not resend the same request before checking your statements and contacting the Bank's Client Care Centre. This is because the initial withdrawal request may still be processed and resending the withdrawal request may lead to the Bank repeating the request, for which we will not be held liable.

19.3  If there is any conflict between this clause 19 and the terms and conditions of the Loan Agreement or the Facility Agreement (as the case may be), then the terms and conditions of the Loan Agreement or the Facility Agreement (as the case may be) will prevail.

20.  INDEMNITY

20.1  You indemnify the Bank for all losses, damages including direct, indirect, special, incidental or consequential losses or damages and costs the Bank may suffer or incur on your behalf due to non-payment, overpayment, transactions exceeding the amount available in your Capitec Bank account, or unauthorised instructions whether given by you or any person authorised to act on your behalf.

20.2  You furthermore indemnify the Bank against any damages, liability, claims or demand by third parties or loss suffered by the Bank arising from your use of or accessing Remote Banking or your breach of these Terms and Conditions.

21.  LIABILITY

21.1  You agree that the Bank is not liable for any direct, indirect, special, incidental or consequential damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising as a result of your use of or inability to use Remote Banking, accessing Remote Banking, utilising any service offered through Remote Banking and/or relying on any information communicated through Remote Banking. Without derogating from the generality of the foregoing, the Bank is not liable for:

21.1.1  errors or discrepancies in the information provided;

21.1.2  any unauthorised access or amendment of Remote Banking by third parties;

21.1.3  any breakdown or failure of any equipment or medium of access to Remote Banking;

21.1.4  any failure or unavailability of Remote Banking, or any third parties' facilities or systems, databases or any component or part thereof for whatever reason resulting in the inability to access Remote Banking or process any transaction referred to or offered via Remote Banking;

21.1.5  any loss or damage with regard to your or any other data directly or indirectly caused by the malfunction of Remote Banking, third-party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on Remote Banking or third-party systems, programming defects or negligence on our part;

21.1.6  any alteration, modification, upgrade or update of Remote Banking, or any technology, hardware or software modification that may form part of Remote Banking;

21.1.7  any loss or damages which you suffer as a result of a compromise of your Password, temporary PIN, Remote PIN and/or relevant confirmation message responses, Token Passwords, the cellphone on which Remote Banking (App) is installed, your Token on Keyring, Remote Banking (Internet) or any other personal identification;

21.1.8  any loss or damages which you suffer as a result of the use of any money management functionality which may be made available to you through Remote Banking from time to time, including but not limited to any budgeting functionaliy. Any such money management functionality is used at your own risk.

21.1.9  any event over which the Bank has no control.

21.2  The Bank reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw its Remote Banking or any part hereof at any time.

21.3  You are entirely responsible for all content that you access, upload, post, email or otherwise transmit through Remote Banking. The Bank is not liable for loss of any content you transmit and you should keep a backup copy of all such content.

21.4  You acknowledge and agree that:

21.4.1  the functioning of certain aspects of Remote Banking, including those relating to Prepaid Products and Third Party Payments, may be dependent upon third party operators and service providers and where the functioning of Remote Banking is adversely affected in any way by the systems or conduct of such third party operators or service providers, the Bank will not be liable for any claims or damages arising as a result thereof;

21.4.2  the Bank will not be liable for any loss or damage resulting from delays in any payments, or purchases of Prepaid Products, made using Remote Banking, being reflected or not being reflected or being incorrectly reflected in the service provider's/receiving entity's account, or for any charges or penalties which may be levied, or deducted from any payment or purchase of Prepaid Products made using Remote Banking, by any service provider or other entity as a result of any due date for payment being exceeded or any other reason;

21.4.3  the Bank will not be responsible to notify you or account to you in respect of any penalties or deductions referred to in clause 21.4.2;

21.4.4  not all service providers/entities will allow reversals in respect of Third Party Payments;

21.4.5  the Bank will not be a party to any dispute between you and any service provider/entity in respect of any penalties or deductions referred to in clause 21.4.2, or in respect of the delivery, nature, quanity or quality of goods or services purchased using Remote Banking or in respect of any reversal request. You must raise any dispute in this regard directly with the relevant service provider/entity;

21.5  Prepaid Products purchased using Remote Banking are sold under the terms and conditions of the applicable network operator or relevant service provider/entity and the terms and conditions of Remote Banking do not supercede the purchase agreement between you and such network operator or service provider/entity.

21.6  You acknowledge and agree specifically, in relation to any money management functionality contemplated in clause 21.1.8, that:

21.6.1  such money management functionality does not constitute the provision of financial advice and the Bank does not warrant or accept any liability for the accuracy or reliability of the information captured, reflected or generated by such functionality;

21.6.2  your Capitec Bank account statement/s will remain the true record of your account transactions and funds available on your Capitec Bank account/s, regardless of the information contained in, reflected or generated by such functionality;

21.6.3  you should not base your decisions solely on information reflected in such functionality;

21.6.4  such functionality or any information reflected or generated therein, does not replace or amend any document issued to you or any agreement entered into with the Bank;

21.6.5  you are responsible to check the accuracy of and change any information recorded, categorised or sub-categorised in the functionality, in order to ensure that such information is correctly reflected and generated therein and the Bank shall not accept any responsibility in this regard;

21.6.6  terminology used on screens may not have the same meaning or importance as in other agreements you have concluded with the Bank and should be read and understood in the context used.

21.7  The Bank will not be liable for the loss of Remote Banking (App) from a cellphone for any reason.

21.8  The Bank will not be responsible for the functioning of Remote Banking or a Token on Keyring and will not be liable for any direct, indirect, special, incidental or consequential damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising as a result of:

21.8.1  the use of or inability to use Remote Banking and or a Token on Keyring;

21.8.2  any failure or unavailability of Remote Banking or a Token on Keyring or any third parties' facilities or systems resulting in the inability to use Remote Banking.

21.9  You acknowledge that if you modify or attempt to modify your cellphone in any way, including jailbreaking or rooting your cellphone, or use software that is designed to modify your cellphone, override or disable any security features on your cellphone or its operating system, you may expose yourself to risk, as the security features that are designed to restrict access to Remote Banking (App) on a cellphone may be disabled and the Bank will not be liable for any damage or loss in this regard.

22.  FEES

22.1  By using Remote Banking you authorise us to debit your Capitec Bank account/s, used for Remote Banking, with the applicable fees set out in Annexure A hereto.

22.2  The fees in Annexure A are valid as at the date of acceptance hereof and you acknowledge and agree that the Bank may, from time to time, amend these fees and/or introduce new fees for Remote Banking, which amended and/or new fees will form part of this agreement. We will communicate such amended and/or new fees to you via our pricing brochure available at any Capitec Bank branch, or on our website: www.capitecbank.co.za. If you do not accept the new and/or amended fees you may cancel this agreement in accordance with clauses 9.4 and 9.5.

22.3  You acknowledge that in addition to the fees referred to in clause 21.1 above, you will also be liable for any applicable data fee of your service provider associated with using Remote Banking.

23.  ADDRESS FOR LEGAL NOTICES

23.1  All legal notices to the Bank relating to Remote Banking must be sent to our registered address. The Bank may send you legal notices to any of the addresses you have specified on any of your application/registration forms with the Bank or at the address where you actually work or live.

23.2  Any notice in terms of clause 23.1 above shall only be satisfied if given in a written, paper-based form. The provisions of the Electronic Communications and Transactions Act 25 of 2002 are expressly excluded from the provisions of clauses 23.1 and 23.2.

24.  GENERAL

24.1  A certificate signed by the administrator responsible for maintaining Remote Banking will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions, notices and disclaimers posted on the communication system and notifications sent under this agreement.

24.2  The headings of the clauses in this agreement are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify this agreement.

24.3  Where any dates or times need to be calculated in terms of this agreement, the international standard time (GMT) plus two (2) hours is used.

24.4  The Bank may from time to time amend (including without limitation, the addition of new terms and conditions) these Terms and Conditions by notifying you forthwith (the manner in which notification herein will be given to you is left within our discretion). If this is not acceptable to you, you may cancel your use of Remote Banking, in accordance with clause 9 above. If you use Remote Banking after we have given you notice of the amendment/s we will be entitled to assume that you have read and agreed to be bound by the amended terms and conditions.

24.5  You will not have any claim against us based on any undertaking representation or warranty not included in this Agreement.

24.6  MARKETING AND COOLING-OFF PERIOD: If we approached you in person, by email or Electronic Communication to promote Remote Banking, you have the right to cancel this agreement, in accordance with the provisions of clause 9 above, within 5 business days after you have entered into this agreement. For purposes of this clause 23.6, Electronic Communication shall mean communication by means of telephone, fax, SMS, wireless computer access, email or any similar technology or device.

24.7  No failure or delay by the Bank to exercise any of our rights is to be construed as a waiver of any such right, whether this is done expressly or is implied. It will also not affect the validity of any part of these conditions or prejudice our right to take subsequent action against you.

24.8  If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable to any extent; such term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid to the full extent permitted by law.

24.9  You must familiarise yourself with applicable exchange control rulings and regulations and ensure that you fully comply with these rulings and regulations when you use Remote Banking outside South Africa.

24.10  The laws of the Republic of South Africa apply to these terms and conditions as well as the relationship between you and the Bank as far as it concerns the use of our website, Remote Banking or any matter that may arise from such use.

24.11  Breach of these Terms and Conditions entitles the Bank to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to the Bank on an attorney-and-own client scale.

24.12  This Agreement contains the entire agreement between the Bank and you as to the subject matter hereof.

 

Annexure A: Fee Summary

 

Access

 

Activation/Monthly Subscription

FREE

Security

 

Token on a cellphone

FREE

Token on a keyring

60.00

Replace token on a keyring

60.00

PIN change

FREE

Transfers/Payments/Purchases

 

Add, amend or cancel recurring payment (stop order)

1.50

Recurring payment (stop order)

1.50

Transfer to own account

FREE

Payment to other Capitec Bank/bank account

1.50

Airtime/Electricity

FREE

Balance Enquiries

 

Capitec Bank

FREE

Statements

 

Transaction/Savings account

FREE

Flexible savings account

FREE

Fixed-term savings account

FREE

Notifications

 

Email/SMS (transactions and balances)

0.40

Fax

1.50

 

All information correct at time of generating this document, 2014/07/16, and subject to change.