Terms and conditions for electronic banking agreement (Terms)
1. Introduction
These Terms become effective when you register for Electronic Banking.
We may change these Terms from time to time and the latest version applies to you each time you use Electronic Banking. You must know, understand and comply with these Terms as well as the Product and General Terms that apply to your account, as they are a binding agreement between you and us.
If there is a conflict between these Terms, and the Product and General Terms, these Terms will apply.
Important clauses, which may limit our responsibility or involve some risk for you, will be in bold and
italics or highlighted. You must pay special attention to these clauses.
2. Definitions
We have defined some words to be consistent. These words will begin with a capital letter, where indicated. Singular words include the plural and the other way round.
Word Meaning
Account: The account opened by us in your name at your request, which you use to access Electronic Banking.
ATM: An automated teller machine.
ATM PIN: The PIN which you use when accessing your Account on an ATM.
Bank, we or us, Finbond Mutual Bank ((Registered with the South African Reserve Bank (SARB Reg. No.: 01102)) and its successors or Assigns.
Communication System: The Device and the medium collectively.
Password: A customer-selected personal identification alpha numeric combination.
Device: The equipment which you select to use to access Electronic Banking, which may include a computer, cellphone, telephone, television or similar technologies.
Electronic Banking: Banking performed on a Device including Internet banking, cell phone banking,
telephone banking and accessing the loan automation facility and prepaid products through the Internet.
General Terms: The general terms and conditions for noncredit transactional, savings and investment
accounts.
Medium: The means through which you access Electronic Banking, including Internet, WAP, WIG, SMS and voice (over an automated voice recognition system or similar technology).
PIN: A personal identification number.
Product Terms: Any product specific terms and conditions that apply to your Account. You or the person who registers for and uses Electronic Banking, or in whose name an Account is opened, including any legal entity.
3. Linked text
We have put links from some words in these Terms to other helpful or relevant information. These are called hyperlinks and are found where any word is in blue underlined text. You must read any links relevant to you, as they form part of these terms. If you cannot read any linked information, you must visit our website at
www.finbondmutualbank.co.za or phone our Customer Contact Centre on 0860 004 249.
4. Registration for various Electronic Banking services
You may not register for Electronic Banking using somebody else's bank card or PIN.
If you have any questions or would like more information about any of these, please visit our website at
www.finbondmutualbank.co.za or phone our Customer Contact Centre.
Internet banking
Before using Internet banking, you must first register on our website and choose a password. You will need any of your bank account numbers for the registration process.
Cell phone banking
Before using cell phone banking, you must first register through the Customer Contact Centre, cell
phone banking or Internet banking. You will need any of your bank account numbers to access cell phone banking.
Prepaid products:
Please visit www.finbondmutualbank.co.za or ask our Customer Contact Centre for more information about these.
Before we allow you access to Electronic Banking we may need information from you to verify that you are who you say you are. We will need your prior consent to perform credit or other checks on you before we process an instruction.
5. Fees
We charge you fees for using Electronic Banking. Details about these fees are on our website. The fees are as follows:
We will charge a fee each time that you use your Account to make a transfer or payment (a
transaction fee), based on the type of transaction you do. We will deduct the fees from the
account you choose for this.
We will charge transaction fees for telephone or cell phone banking, but you do not have to pay a
monthly subscription fee.
If you do not pay our fees or do not have enough money in your Account, we may stop you from using
Electronic Banking and may also deduct any fees you owe us from any other account you have with us.
6. We will act on instructions that appear to have been sent by you. When you do Electronic Banking you communicate with us using a Communication System, so there is no direct personal contact between us and you. We may rely on and carry out all instructions that appear to come from you (even if someone else pretends, without us knowing, to be you).
7. Sending and dealing with instructions
Instructions to us are not always carried out within the same time or in the same way. We will treat your instructions to us according to your customer profile and the type of account and transaction involved.
You cannot cancel or withdraw any instruction after you have sent it to us. A payment cannot be cancelled or reversed, even if it is a repeat of the same payment. This also applies where you buy prepaid products.
You must never assume we have received your instruction until we have told you that we have. Do not give the same instruction again unless we have told you that we did not receive it, or else we may repeat the same payment. You must first contact our Customer Contact Centre or check your bank statement, before giving a payment instruction again.
8. We are not responsible if you repeat instructions to us
We are not responsible for any loss or damage you suffer because you send the same instruction again
and we repeat a payment. You waive (give up) any claim against us if this happens.
9. Looking after your access codes
Your access codes are any of your secret numbers (PIN or password), ATM card numbers, passwords or user names.
We may allow you to use the same access codes for all Electronic Banking or related services because this is easier for you. But you must keep your access codes very safe because someone who knows them could get access to your account and steal your money or use your private Account information illegally.
You must always look after your access codes and keep them secret. If you do not, you waive any claim
you may have against us for any loss or damage you may suffer because you have not kept them safe. It is not safe to keep your access codes on a computer.
No person ever has a genuine reason to know or ask for your access codes, so you must never let anyone get them. This includes our own staff. You must immediately tell our Customer Contact Centre or your branch if someone has asked you for any access code or may know it. If you ask us to stop or change any access code, we may:
ask you to prove your identity to us;
reject any instructions we receive;
stop any payment or instruction if it has not already been carried out; reverse any payments if we can, after we think someone started using any access code without permission; or deactivate the access code (stop it from working) immediately, without telling you.
10. Security features and precautions
You must also follow this advice about using Electronic Banking safely:
Do not use any public Device, for example a computer at an Internet cafe. Public Devices are not safe because you do not know what software or hardware may be on them. For example, they may use spying technology to find out numbers or passwords you type on a keyboard. These could be used to get into your Account to defraud you or steal money; and Protect and keep your access codes secret.
We are not responsible for any direct or indirect loss or damage you may suffer because someone gets into your Account and you have not:
run the latest software that works with the extra security features; used the extra security features on your Account; or followed our advice about using Electronic Banking safely.
11. Ending your Electronic Banking session
You must make sure that you log out of Internet banking and disconnect any cell phone banking or telephone banking call when you have finished using Electronic Banking. If you do not disconnect after Electronic Banking, someone else may get into your Account without your permission and could defraud you or steal your money. We will not be responsible if this happens.
12. We may assume that you have authorised any instruction after your access code has been entered, we may assume that any Electronic Banking activity or instruction is genuine. So even if someone else used your access code, we may carry out an instruction as if you have authorised it.
13. How we may give notices about these Terms
We may give you any notice about these Terms or any of our services by putting it on our website or sending it to you by email, text message (SMS) or other communication technology. Where any notice or update about Electronic Banking contains contractual terms relating to Electronic Banking they will be regarded as being included in these Terms. By continuing to use Electronic Banking you agree to such changes.
14. No offers, recommendations or approaches
Any information or other content on the Communication System only invites you to do business with us. It is not an offer to buy, sell or deal in any investment or to enter any agreement, unless we clearly state that it is.
15. Nature of information on the Communication System
Information on the Communication System is to give you general information about us, our products, services and goals. For example, we may give information about:
estimated income, capital expenses, returns on investment, shares or other financial items;
our plans, goals and estimates for our future operations and services; and our estimates of the economy's future performance.
Because these are only estimates, actual events or results may be different. We provide all information "as is" and you must not rely on it or treat it as professional or investment advice. You should always ask for advice from your own professional advisers.
16. Information that is updated regularly
We may use other organisations to provide information on the Communication System. This information is not provided by or for us. We have no control over it and do not warrant or guarantee that it is correct or suitable for anything. All this information is provided "as is" and we will not be directly or indirectly responsible for any damages that may follow if you rely on it.
All current news or market information on our Communication System, such as sure that you are looking at the latest information. If this means the same as in the website security document, there is a discrepancy in the delay time.
17. Links to other parties' Communication Systems
Our Communication System may link to other Communication Systems with information or content from other parties. Although we try to only link to trustworthy parties or systems we are not responsible for any of this other information. If we provide a link to any other information, Communication System, person or business, it does not mean that we have checked or approve of them. We do not give any warranty about any other website, software or hardware, including their security or performance. You waive (give up) any claim you may have against us for any loss or damage you may suffer because you connect to any other Communication System.
18. Our intellectual property
We keep the copyright and any other intellectual property rights in all content on or sent through the Communication System, including logos, images or multimedia works. You may view content and copy it onto a Device, (including storage media), and you may print and make a paper copy of it, but only if it is for using or deciding about Electronic Banking; it is not used for any commercial purpose; and any copy of the content must show our copyright notice.
The logos and trade marks on our Communication System are our registered and unregistered trademarks or those of other parties. Nothing on our Communication System gives any person a license or right to use any trade mark or other intellectual property (our property), without our written permission in advance of your use of our property.
Please send any request to use content to ibsupport@finbond.co.za . If we do not respond in writing in five business days we have not agreed to your request.
Even if any content on the Communication System is not confidential or there is no copyright in it, we own the content and you have no rights in it.
19. You must use suitable hardware and software. You must use hardware and software (computer equipment and programs) suitable for Electronic Banking. If you do not, the Communication System may not work properly and this could increase your security risks. If we offer software to you on or through the Communication System, any license agreement is between you and the Software's licensor (Owner).
You indemnify us against any breach of a software licenses. We do not expressly or implicitly warrant that any software is good quality or suitable for its purpose.
We also do not warrant or imply that any file, download or application on this Communication System is safe to use on any computer. We cannot guarantee that the system does not contain software or data that can negatively affect a computer system, such as viruses, trojans and other malicious software.
20. Transmission of information and security advice information sent over a Communication System can be intercepted, seen or changed unlawfully if any link is not secure. We take steps to limit these risks as explained in the privacy and security statement on our website and elsewhere. You must follow the security tips published on our website from time to time. We are not responsible for any loss or damage suffered by you because any person gained access to the Communication System illegally or without permission. To limit these risks, we may check any information you send using our Communication System.
21. Indemnity
You indemnify us against any loss or damages (including indirect or consequential damages), that we may suffer on your behalf because:
(a) of non- payment;
(b) you gave us wrong instructions or information;
(c) you did not have enough money for a payment from your Account; or
(d) someone carried out an instruction or made a payment without permission and this was not because of our own negligence (carelessness).
22. Availability of electronic banking
Electronic Banking may not always be available for any reason, including:
1. any technical failure or problem with our or any other Communication System directly or indirectly involved in providing Electronic Banking;
2. any failure or other problem with any telecommunication or electricity service; or
3. any other circumstance beyond our control.
If Electronic Banking is unavailable for any reason, you promise to limit your potential losses as far as possible by communicating with us in any other way while this situation lasts.
23. Disclaimer and limitation of liability (limits to our responsibilities to you)
Your use of the Communication System and Electronic Banking is dependent on factors beyond our control, such as the network coverage or availability of your Internet service provider. We are not liable for any loss or damages you may suffer if a factor beyond our control arises, and you cannot access Electronic Banking.
We have taken care to ensure that the content on the Communication System is accurate and that you
should not suffer any loss or damage by using it, but the Communication System and Electronic Banking is provided "as is". We (including our owners, employees, consultants, agents or any affiliated person) are not responsible for any loss or damages related to your use of the Communication System or Electronic Banking. This includes, without limitation, any direct, indirect, special, incidental or consequential damages in terms of contract, depict (breach of a duty of care) or law , and even if we were expressly told that any loss or damage was possible. We are not responsible for any loss or damages because:
1. someone finds out any of your secret access codes (such as a PIN or Password);
2. any technical or other problem (interruption, malfunction, downtime or other failure) affects
Electronic Banking, any Communication System, our banking system, a third-party system or any part
of any database, for any reason;
3. any of your orders, investment decisions, purchase or disposal of goods or services (including any
financial instrument or currency), from any other party is based on any information on the
Communication System;
4. any personal information or other data is directly or indirectly lost or damaged because of technical
problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus,
or your own negligence;
5. any failure or problem affects goods or services provided by any other party, for example, any
telecommunication service provider (such as Telkom), internet service providers, electricity suppliers (such as Eskom), or local or other authority; or
6. any event that we have no direct control over.
24. What happens if you breach these Terms? We may stop you from using Electronic Banking if you breach an important clause of these Terms and do not remedy it within five days after we have asked you to. We may still take any other steps available to us including applying to court for an interdict or other order against you.
25. When we may end our relationship with you. We may end our relationship with you and stop you from using Electronic Banking by written notice to you (Termination Notice).We need not give you notice in the following circumstances and may close your Account immediately if we:
believe or suspect it is being used negligently or unlawfully: or must do this for legal reasons.
26. How disputes will be resolved. You may refer any complaint about your use of Electronic Banking or these Terms to us in terms of our complaints process; you may refer the complaint to the Ombudsman for Banking Services (Ombudsman) or similar forum with appropriate jurisdiction. The contact details for the Ombudsman, are contained in clause 10 of The Code of Banking Practice, available at
http://www.banking.org.za/consumer_info/code_of_banking/code_of_banking.aspx , in branches, or will be provided to you at your request.
Alternatively you may approach any South African court of law with jurisdiction.
27. Certificates
A certificate (letter) signed by or for our director of online services is good enough proof in a court or similar tribunal of any relevant date or content of:
1. the latest or any earlier version of these Terms;
2. any notice or disclaimer (in which we do not accept certain responsibilities) on the Communication System; and
3. any notice sent about or under these Terms, unless you can prove otherwise.
28. Our addresses for service and delivery of legal documents and other communications
We choose the registered address on our website at http://www.finbondmutualbank.co.za/index.html as the address where any legal document or notice must be served on or delivered to us (our domicilium citandi et executandi).
You choose your last street address you gave us as the address w here any legal documents or notices may be served on or delivered to you (your domicilium citandi et executandi).
We may send any other written communication or notice to your street, postal or email address.
Any legal document or notice to be served in legal proceedings must be written on paper. The relevant provisions of the Electronic Communications and Transactions Act 25 of 2002 (for example sections 11 and 12) do not apply to these documents or notices.
29. Law governing our relationship
South African law will govern these Terms despite any other country's law.
30. General provisions
Headings in these Terms are only for information and may not be used to interpret these Terms.
South African time applies when working out any dates or times.
If any dispute results from technical issues related to a Communication System, a court or arbitrator to interpret these Terms in a way that makes normal banking easier, without focusing too much on technical issues. Any favor we may allow you will not affect any of our rights, whether the favor is express or implied. We do not ever waive (give up) our rights.
If any clause in these Terms is invalid or illegal or cannot be enforced, the remaining clauses will continue to be valid.
You must make sure you understand exchange control regulations and fully comply with them when you use Electronic Banking outside South Africa.
You are responsible for making sure that you never use Electronic Banking for any illegal purpose. You will be responsible for all illegal transactions.
If you have any questions or do not understand anything about these Terms please call our Customer Contact Centre on 0860 004 249.
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