Agreement and Registration as an Internet Banking User with Capitec Bank Limited ("The Bank") Reg. No. 1980/003695/06

WHAT YOU SHOULD KNOW ABOUT INTERNET BANKING

1.     You can access your accounts online using Internet Banking.

2.     During registration for Internet Banking you choose your:

·         Username.

·         Temporary PIN.

·         Security token type (on a cellphone or keyring).

3.     When you first sign in to Internet Banking you will be prompted to choose a password.

4.     You can do the following with Internet Banking:

·         Transfer money between your accounts.

·         Create and make payments.

·         View and download account statements.

·         View transaction and payment history.

·         Change and update certain Internet Banking details.

5.     We will use your username, password and security token passwords to authenticate you every time you sign in to Internet Banking.

6.     You must take special care to protect and keep your username and password secret, and ensure that your security token is safely kept in your possession.

7.     Do not share your password or security token passwords with anyone. We will never ask you for this information by email or telephone.

8.     If your security token is lost or stolen, you must report it immediately to our 24hr Client Care Centre (0860 10 20 43) or visit your nearest Capitec Bank branch. You are responsible for all Internet Banking transactions until you inform us of a lost or stolen security token.

9.     This is only a summary of the features of Internet Banking. We may change these features from time to time. If there is any conflict between this summary and the Internet Banking agreement, then the Internet Banking agreement will prevail.

10.   The Consumer Protection Act (CPA) requires us to point out the following clauses IN BOLD:

·         WHICH LIMIT THE RISKS AND LIABILITY OF THE BANK TO YOU AND OTHER PARTIES (CLAUSES 3.11, 4.2, 4.3, 4.4, 4.5, 5.3, 6.1, 13, 16; SECTION B, CLAUSE 3 AND SECTION C, CLAUSES 1.5, 2.6, 3.4 3.5 AND 3.7;

·         WHERE YOU ASSUME CERTAIN RISKS AND LIABILITIES (CLAUSES 3.3, 3.7, 3.8, 3.9, 4.2, 6.1, 6.2, 8.1, 12.4, 16.3; SECTION C CLAUSE 2.5 AND SECTION D, CLAUSE 2.2);

·         WHICH IMPOSE AN OBLIGATION ON YOU TO INDEMNIFY THE BANK IN CERTAIN CIRCUMSTANCES (CLAUSES 4.3, 6.2, 8.1 AND 15); AND

·         WHERE YOU ACKNOWLEDGE THAT YOU ARE AWARE OF CERTAIN FACTS RELATING TO INTERNET BANKING (CLAUSES 2.4, 4.2, 4.4, 4.5, 8.1, 9, 10; SECTION C, CLAUSES 2.3 ,2.6 and 3.7; SECTION D CLAUSE 2). 

  

SECTION A: INTERNET BANKING TERMS AND CONDITIONS

1.                 INTRODUCTION

1.1.             These terms and conditions (“Terms of Use”) bind you from the moment you have registered at a branch to use internet banking facilitated by the Bank (“Internet Banking”), or alternatively from the moment you first use Internet Banking, whichever occurs first.

2.                 PRODUCT TERMS AND CONDITIONS

2.1              Any transaction you carry out through the Internet Banking website relates to one of the Bank’s products. In the event of a conflict between the product terms and conditions and the Terms of Use, the product terms shall prevail.

3.                 USERNAME, PASSWORD AND SECURITY TOKEN

Registration

3.1              When registering to use Internet Banking, you will be required to:

3.1.1                       select your own username (your name or any other name that you wish to identify yourself);

3.1.2                       select a temporary PIN to allow your first Internet Banking sign-in. (This will have to be replaced immediately thereafter by a password selected by you); and

3.1.3                       select whether you wish to use a Security Token that is provided on a key ring-type device or a Security Token that is provided to a cellphone.

3.2              Both the Security Token on a key ring and Security Token on a cellphone generate Security Token passwords. You need to enter them when prompted while signing in to Internet Banking.

Sign-in

3.3              When you sign in the first time to Internet Banking, you will be prompted to select a password which will replace the temporary PIN provided to you during in-branch registration. It is your duty to ensure that this password is made up of a combination of numbers and letters. You must also activate your Security Token (whether a Security Token on a key ring or a Security Token on a cellphone) when you first sign in to Internet Banking.

3.4              On each occasion after your registration and first Internet Banking session, you will be required to enter:

3.4.1                       your username; and

3.4.2                       your password.

3.5              Once you have entered your username and password correctly you will be prompted to enter the Security Token password generated by your Security Token. Once this Security Token password has been accurately entered you can continue with the Internet Banking transactions.

Accountability and Security

3.6              You will be responsible for and accountable to the Bank with regard to any Internet Banking transactions performed with your username and password.

3.7              For the sake of your banking security, you must ensure that your username and password are not disclosed to any third party and that the Security Token on a key ring or the Security Token on a cellphone provided to you are safely kept in your possession or under your control.

3.8              You must never disclose your username, password or Security Token PIN, or give your Security Token on a key ring, or allow access to the Security Token on a cellphone, to any third party. No member of the Bank’s staff will request, either orally or in writing (including without limitation in emails or SMSs), your username, password or access to your Security Token.

3.9              While the Bank may from time to time publish guidelines to assist you in the protection of your username and password and the secure retention of a Security Token on a key ring or the cellphone on which the Security Token may be loaded, you remain solely responsible for the security of your username, password and Security Token.

3.10            The guidelines published by the Bank may also alert you to practices used by third parties to unlawfully compromise the security of your username, password and Security Token.

3.11            The 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.

4.                 USING INTERNET BANKING

4.1              Each time you sign in to Internet Banking it will be necessary for you to enter your username and password, as well as the password generated by the Security Token.

4.2              Once signed in, in the manner described in 4.1, the Bank will assume that it is you who signed in and the Bank will execute all instructions given to the Bank during your Internet Banking session. All transactions that are executed when you are signed in are deemed to be authorised by you and that you have intended that such transactions should be legally binding. Our records of your transactions will be proof of instructions you have given us, unless you can prove the contrary.

4.3              Until you notify the Bank to deactivate your username, password and Security Token, 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. The Bank will not under any circumstances be liable for any loss or damages you may suffer as a result of a compromise of your username, password and Security Token through your actions, negligence and/or behaviour.

4.4              Internet Banking provides you with an opportunity to review transactions, and to correct mistakes or to stop the Internet 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 recipients due to the input of incorrect information, nor is the Bank responsible for the verification of the identity of recipients. The Bank cannot reverse, cancel or duplicate any 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 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.

4.5              An instruction will only be deemed to have been received by the Bank once the Bank has confirmed receipt, or responded thereto, 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.

4.6              When you have completed an Internet Banking session you must make sure that you have signed out from the Internet Banking website.

4.7              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.

5.                 ENDING YOUR USE OF INTERNET BANKING

5.1              The Bank may end your use of and access to Internet 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 your access will not be affected by such ending of access.

5.2              The Bank may, however, end your use of and access to and/or prohibit your future access to use of Internet Banking immediately and without any notice to you if:

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

5.2.2                       you breach these Terms of Use and/or the terms and conditions in sections B and/or C and/or D herein; or

5.2.3                       a fraudulent transaction is conducted (or attempted) directly or indirectly by you.

5.3              In the event of the Bank ending your access to Internet 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.

5.3             You may at any time terminate your use of Internet 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 via any other method as may be allowed by the Bank from time to time.

5.4             When you terminate your use of Internet 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.

6.                 LINKS TO THIRD-PARTY WEBSITES

6.1              For your convenience, the Internet Banking 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.

6.2              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.

7.                 REPORT ALL IRREGULARITIES

7.1              You must report any irregularities regarding your use of Internet Banking, including the compromise of your username, password, Security Token and if you are using a Security Token on a cellphone, the loss or theft of your cellphone or SIM card, to our Client Care Centre or to a Capitec Bank branch.

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

7.2.1                       refuse to process any instructions received after your request until you have obtained a new username and password or Security Token;

7.2.2                       suspend at our discretion the processing of any instructions received prior to your request;

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

8.                 FRAUDULENT ACTIVITIES

8.1              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 under your username, password and Security Token password, such investigation may include a forensic audit of your personal computer and/or any other electronic device used for Internet Banking by yourself. You therefore, without any limitation, authorise the Bank to conduct a forensic audit on your personal computer and/or any other electronic device you may have used for Internet Banking, which audit will be confined to the purposes of this agreement.

8.2              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 Internet Banking fraud.

9.                 NOTICES

9.1              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 you a notice when you sign in to Internet 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 Internet Banking, also form part of this agreement and it shall be deemed that you received the notice 24 hours after it has been dispatched by the Bank.

10.              AVAILABILITY

10.1            You acknowledge that Internet Banking may at times not be available for various reasons and that the Bank has the discretion to suspend its Internet Banking.

11.              CONTENT

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

12.              INTELLECTUAL PROPERTY RIGHTS

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

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

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

12.2            The logos and trademarks shown on this site are our 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 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.

12.3            An application to use our intellectual property must be submitted to webmaster@capitecbank.co.za. Upon receiving your application the Bank will do our best to respond and enter into further discussions with you. If you don't get a written response from the Bank within five business days, consider your request as having been rejected.

12.4            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.

13.              NO WARRANTIES

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

14.              MONITORING OF COMMUNICATIONS

14.1            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 Internet Banking to you. You expressly give your consent to the Bank to monitor your Internet and email traffic on our website. You acknowledge that the Bank may monitor Internet and email traffic on our website primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of these Terms of Use and:

14.1.1                     to maintain the integrity and security of our website and information technology systems;

14.1.2                     to investigate and detect any unauthorised use of our website and information technology systems; and

14.1.3                     as an inherent part of and to secure the effective operation of our website and information technology systems.

15.              INDEMNITY

15.1            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 bank account, or unauthorised instructions whether given by you or any person authorised to act on your behalf.

15.2            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 Internet Banking or your breach of these Terms of Use.

16.          LIABILITY

16.1            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 Internet Banking, accessing the Internet Banking website, utilising any service offered on the Internet Banking website and/or relying on any information contained on the Internet Banking website. Without derogating from the generality of the foregoing, the Bank is not liable for:

16.1.1                     errors or discrepancies in the information provided;

16.1.2                     any unauthorised access or amendment of our Internet Banking website by third parties;

16.1.3                     any breakdown or failure of any equipment or medium of access to our Internet Banking website;

16.1.4                     any failure or unavailability of our Internet Banking website or any third parties' facilities or systems, databases or any component or part thereof for whatever reason resulting in the inability to access our Internet Banking website or process any transaction referred to or offered on our Internet Banking website;

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

16.1.6                     any alteration, modification, upgrade or update of our Internet Banking  website or any technology, hardware or software modification that may form part of our Internet Banking website;

16.1.7                     any damages which you suffer as a result of a compromise of your username, password and Security Token or other personal identification; or

16.1.8                     any event over which the Bank has no control.

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

16.3            You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via the Bank’s website. The Bank is not liable for loss of any content you transmit and you should keep a backup copy of all such content.

17.              ADDRESS FOR LEGAL NOTICES

17.1            All legal notices to the Bank relating to Internet 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.

17.2            Any notice in terms of clause 17.1 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 17.1 and 17.2.

18.              GENERAL

18.1            A certificate signed by the administrator responsible for maintaining the Internet Banking website 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.

18.2            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.

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

18.4           The Bank may from time to time amend (including without limitation, the addition of new terms and conditions) these Terms of Use as well as the provisions of Sections B to D, 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 terminate your use of Internet Banking, in accordance with clauses 5.3 and 5.4 above. If you use Internet 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.

18.5            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.

18.6            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.

18.7            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 Internet Banking outside South Africa.

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

18.8.           Breach of these Terms of Use and/or the conditions in sections B and/or C and/or D herein 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.

 

SECTION B: SECURITY TOKEN ON A KEY RING TERMS AND CONDITIONS.

SECTION B ONLY APPLIES IF YOU HAVE CHOSEN TO USE A SECURITY TOKEN ON A KEY RING.

 

1.                 INTRODUCTION

1.1               To enhance the security of your Internet Banking, the Bank will provide you with a Security Token on a key ring which will generate Security Token passwords. These passwords, as requested by the Bank, allow you to sign in to the Bank’s Internet Banking and are also used to verify actions and authorise transactions.

2.                 POSSESSION AND OWNERSHIP OF THE SECURITY TOKEN ON A KEY RING

2.1              When registering at one of our branches, we will issue you with a Security Token on a key ring.

2.2              The Bank shall at all times remain the owner of the Security Token on a key ring and you may only use the Security Token on a key ring to generate one-time passwords for purposes of transacting on the Bank’s Internet Banking.

2.3              If you lose your Security Token on a key ring you will have to pay a replacement fee to get a new Security Token on a key ring.

3.                 LIABILITY

3.1              The Bank will not be responsible for the functioning of the Security Token on a key ring 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:

3.1.1                       the use of or inability to use the Security Token on a key ring; and/or

3.1.2                       any failure or unavailability of our Internet Banking website or any third parties' facilities or systems resulting in the inability to use the Security Token on a key ring to access the site.

 

SECTION C: SECURITY TOKEN ON A CELLPHONE TERMS AND CONDITIONS.

SECTION C ONLY APPLIES IF YOU HAVE CHOSEN TO USE A SECURITY TOKEN ON A CELLPHONE. 

1.                 INTRODUCTION

1.1               To enhance the security of your Internet Banking, the Bank will provide you with a Security Token on a cellphone which will generate Security Token passwords. These passwords, as requested by the Bank, allow you to sign in to the Bank’s Internet Banking and are also used to verify actions and authorise transactions.

1.2               The software necessary for the operation of the Security Token on a cellphone, is such software, as may be made available from time to time to you by the Bank and downloaded in accordance with clause 1.4 (“the Software”).

1.3               No intellectual property rights in the Software are sold or transferred to you in terms hereof.

1.4               The Bank may make available updates of the Software from time to time. To ensure that the Security Token on a cellphone operates correctly you must comply with any update notifications sent to you by us from time to time.

1.5               The Software must be downloaded through an installation link containing the following: “https://direct.capitecbank.co.za/” or “https://direct2.capitecbank.co.za/” exactly, followed by the rest of the link, which will be provided to you by us via SMS to the cellphone number chosen by you and verified by us during the registration process. Only Software downloaded as specified in this clause shall be supported by the Bank under these Terms of Use, 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.

1.6               In instances where the Software is obtained from a mobile application store and a separate end user license agreement is required to be accepted by you upon downloading the Software, the provisions of such agreement shall apply together with the provisions of this Section C and to the extent of any inconsistency, the provisions of this Section C shall prevail.

2.                 SOFTWARE LICENSE TERMS

2.1              Upon your acceptance hereof or downloading the Software, whichever occurs first, you agree to the terms and conditions contained in this Section C, in respect of the installation and use of the Software.

2.2              You are granted a non-transferable, non-exclusive, limited right to use the Software, in your personal capacity and on a cellphone which you own and control, for the purpose of accessing the Bank’s Internet Banking.

2.3              You acknowledge that the Bank may at any time revoke the rights granted to you in this Section C in relation to the Software and de-activate your use of the Security Token on a cellphone in relation to your access to the Bank’s Internet Banking.

2.4              You agree that you shall only use the Software for the purpose contemplated herein and not in any unlawful or illegal manner and that you shall not:

2.4.1          use or copy the Software except as expressly permitted herein and that you shall not reproduce, translate, reverse engineer, decompile or disassemble, attempt to derive the source code or object code of the Software, decrypt or override any security features of the Software; or

2.4.2          rent, lease, assign, sell, distribute or otherwise transfer the Software and/or the Security Token; or

2.4.3          modify the Software, make a derivative work of or merge all or any part of the Software into another programme; or

2.4.4          modify or delete any copyright, trademark, or other proprietary rights notice on any medium containing the Software and/or related documentation; or

2.4.5          use, copy or modify or create a new activation code/s or Security Token/s.

2.5              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.

2.6              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.

3.                 SECURITY TOKEN ON A CELLPHONE TERMS AND CONDITIONS

3.1              The Security Token on a cellphone will allow you to generate the Security Token passwords:

3.2.1                       required by you to sign in to Internet Banking; and/or

3.2.2                       verify the correctness or accuracy of Internet Banking transactions in respect of which the Bank may require verification.

3.2              The Security Token on a cellphone can only operate on one cellphone at a time.

3.3              You need to ensure that the cellphone on which the Security Token will be installed and the infrastructure that supports the cellphone meets the minimum requirements prescribed to allow the Security Token to operate on cellphones. If this is not possible you will need to use a Security Token on a key ring.

3.4              The Bank will not be liable for the loss of Security Tokens on a cellphone for any reason, including, but not limited to, the reproduction of unauthorised copies of Security Tokens on a cellphone.

3.5              The Bank will not be responsible for the functioning of the Security Token on a cellphone 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:

3.5.1                       the use of or inability to use the Security Token on a cellphone; and/or

3.5.2                       any failure or unavailability of our Internet Banking website or any third parties' facilities or systems resulting in the inability to use the Security Token on a cellphone to access the site.

3.6              By providing the Bank with the information provided in the application and this agreement, you consent to its use for the provision of the Internet 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 Security Token on a cellphone.

3.7              You acknowledge that if you modify or attempt to modify your cellphone in any way, including jail breaking 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 the Security Token on a cellphone may be disabled and the Bank will not be liable for any damage or loss in this regard.

 

SECTION D: GENERAL

SECTION D APPLIES TO A SECURITY TOKEN ON A KEY RING AND A SECURITY TOKEN ON A CELLPHONE.

1.                 INTRODUCTION

1.1              The terms and conditions in section B or C bind you from the moment you have signed this document, or alternatively from the moment you first use the Security Token on a key ring or the Security Token on a cellphone, whichever occurs first.

1.2              The Bank may, from time to time, amend (including without limitation, by the addition of new terms and conditions) the terms and conditions in section B and/or C and/or D, whereupon you will be notified immediately (the manner in which notification herein will be given to you is left within our discretion), and the amendments will bind you from the first time you use the Security Token on a key ring or the Security Token on a cellphone subsequent to such amendments.

1.3              Any transaction you carry out through Internet Banking relates to one of the Bank’s products. In the event of a conflict between the product terms and conditions, Internet Banking Terms of Use, the terms and conditions in section D, and the terms and conditions in sections B or C, the former agreements shall prevail in preceding order.

2.                 USING THE SECURITY TOKEN ON A KEY RING OR THE SECURITY TOKEN ON A CELLPHONE

2.1              Each time the Security Token on a key ring or the Security Token on a cellphone provided to you is used to generate the Security Token password which allows you to sign in to Internet Banking or to authorise a transaction or instruction, the Bank shall assume that it is you who signed in to Internet Banking and/or authorised the transaction or instruction executed or provided to the Bank.

2.2              All transactions that are executed when you are signed in and have entered the Security Token on a key ring or the Security Token on a cellphone password are deemed to be authorised by you and that you have intended that such transactions should be legally binding.

2.3               The Bank reserves the right in its absolute discretion to recall the Security Token on a key ring or the Security Token on a cellphone and to replace it if the Bank so wishes, with any other acceptable method to access and use the Bank’s Internet Banking or to improve security of the Bank’s Internet Banking.