Terms and Conditions
Terms and Conditions
1 INTRODUCTION
1.1 In these terms and conditions:
1.1.1 clause headings are for convenience only and should not be used to interpret the agreement;
1.1.2 unless the context indicates a contrary intention, the singular includes the plural and vice versa, any gender includes the other genders, and a natural
person includes a juristic person and vice versa; and
1.1.3 any number of days will be calculated by excluding the first and including the last day, or if the last day falls on a day that is not a business day, the
next business day.
1.2 Unless the context indicates otherwise, the following words and expressions have the meanings set out below:
1.2.1 Account - your transactional current account to which the agreement apply.
1.2.2 Agreement - these terms and conditions, read together with the application, the relevant product specifications and pricing schedule (as amended)
and any later agreement relating to the fees (as amended).
1.2.3 ATM - automated teller machine.
1.2.4 Authentication mechanisms - Any mechanism used to identify you before you access our digital platforms. It can be a personal identification number
(PIN), password, profile number, user number, certificate and/or device.
1.2.5 Business Day - Any day that is not a Saturday, Sunday or public holiday in South Africa, and `days' will be interpreted as calendar days.
1.2.6 Card - the relevant magnetic-strip or chip bank card issued to you, which may be contactless-enabled.
1.2.7 Card transaction - any commercial transaction, including purchases, payments, interaccount transfers, cash withdrawals or deposits made with the
card from the account by using an ATM, SSK or other electronic device, or by giving the card to a merchant or supplier.
1.2.8 Chip - an integrated circuit embedded in a plastic card designed to perform processing and memory functions.
1.2.9 Digital Interaction - Access to the Account and communication through any means using Systems and Devices.
1.2.10 Dormant account - an account on which no credit transactions were performed for a period we specified.
1.2.11 Fees - charges, costs, service, transaction and administration fees, and any other amount charged for the account.
1.2.12 Good Funds - money deposited or an electronic deposit or transfer made into your account or any MyPocket from another Nedbank account.
1.2.13 Item - an electronic funds transfer, debit order, stop order, Corporate Payments System transaction, automatic payment order, card transaction,
affinity donation, NedFleet transaction and automatic transfer.
1.2.14 NCA - the National Credit Act, 34 of 2005, as amended from time to time.
1.2.15 NCC - the Nedbank Contact Centre, with contact number +27 800 555 111 (toll-free).
1.2.16 Party - you or us.
1.2.17 PIN - personal identification number.
1.2.18 Pricing schedule - the latest leaflet or any other source of information stipulating the items that attract fees and the fees charged for these items,
as well as the effective date of the pricing.
1.2.19 Product specifications - specific features of products we offer, including minimum deposits, minimum balances, interest rates, costs, charges, fees
and service fees.
1.2.20 SSK - self-service kiosk.
1.2.21 Systems and Devices - digital information systems, digital platforms, equipment, software, mobile devices, telephones and any other hardware
devices.
1.2.22 We, us or our - Nedbank Limited, registration number 1951/000009/06, with registered address Nedbank 135 Rivonia Campus, 135 Rivonia Road,
Sandown, Sandton, 2196, and postal address PO Box 1144, Johannesburg, 2000.
1.2.23 You - the applicant whose details are set out in the application.
3 USE OF CARDS
3.1 Subject to the product specifications, you and/or your authorised representative may pay and/or withdraw money from the account, and generally use
the account through access to an ATM, SSK and a point-of-sale device by using the card together with a PIN, if required.
3.2 You must choose a PIN for your card. This is a secret number that only you know. We will encode this number on the card as a means of user
identification. It is important that your card is not used fraudulently. You must therefore:
3.2.1 take proper care of the card and the card number;
3.2.2 not allow anyone other than your authorised representative to use the card and PIN;
3.2.3 always take reasonable steps to keep the card safe and the PIN secret;
3.2.4 never tell anybody who offers to help, including any of our employees, the PIN; and
3.2.5 never write down or record the PIN.
3.3 You will be liable for all the transactions performed with the card if you have given your PIN to someone else.
3.4 The card is valid from the time it is issued or from the first day of the 'valid from' date on the card, as the case may be, until it expires, or until the
agreement is cancelled.
3.5 You may not cede or delegate any of your rights or obligations in respect of the card or its use.
3.6 You must sign the card on the back with a pen as soon as you receive it.
3.7 You must give the card back to us or give us written confirmation that your card has been destroyed when the account is closed.
3.8 If the card, the card number or PIN:
3.8.1 is lost, stolen or used wrongfully; or
3.8.2 is used by any person other than you or your authorised representative,
you must notify us immediately by calling the number provided on your statement or on the card itself. You must notify us immediately if anyone
knows your PIN or if you suspect that this has happened. You will be provided with a reference number during the telephone call. You will be liable for
and must repay all amounts that we pay or have to pay if the card, card number or PIN is used, unless it has been reported as being lost or stolen or
used wrongfully. You will also be liable for all transactions that were made before you notified us but were processed only afterwards.
3.9 We may debit your account with the amounts of:
Client initial
Nedbank Ltd Reg No 1951/000009/06. Authorised financial services and registered credit provider (NCRCP16).
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3.9.1 all transactions made by you or with your authority by using the card and the PIN; and
3.9.2 all transactions not authorised by you, but which have been made by using the card and PIN before we had the reasonable opportunity, after the
verbal notification in terms of clause 3.8, to prevent any further unauthorised transactions.
3.10 Except where a transaction is made using a PIN, by telephone or on the internet, you must sign a sales voucher or a refund voucher, as the case may
be, each time the card is used or the card number is given to a merchant or supplier. By signing the voucher, you confirm that the information on it is
correct.
3.11 Unless you have notified us that the card has been lost or stolen in terms of clause 3.8, even if you do not sign the relevant vouchers, you will be liable for
and must repay all amounts that we pay in respect of your card transactions.
3.12 You must comply with all applicable exchange control regulations when the card is used outside the Common Monetary Area. Card transactions made
in foreign currencies will be converted into South African rand at an exchange rate that we will determine and will show on your statements in South
African rand. An additional fee may be charged for these transactions.
3.13 You may not use the card for any unlawful or illegal transaction and it is your duty to make sure that a transaction is lawful before the card is used.
3.14 The card may be used only for payments and transactions specified in the product specifications for that type of account.
3.15 When you use any electronic device, you do so at your own risk and we will not be liable for any loss or theft resulting from the use of any device.
3.16 When making withdrawals at ATMs outside the borders of South Africa, the daily withdrawal limit may be different from the daily withdrawal limit at
ATMs in South Africa.
3.17 You authorise us (which authorisation may not be cancelled):
3.17.1 to pay any purchases or services in respect of which the card or the card number is used and to debit the amount concerned to your account;
3.17.2 to debit your account with the amount of the sales voucher or any other amount withdrawn; and
3.17.3 to make the necessary entries to do the above and to reverse these entries when appropriate.
3.18 We will in no way be liable to you if any merchant or supplier does not accept the card or the card number, or if we refuse to authorise any card
transaction.
3.19 If there are any claims or disputes between you and the merchant or supplier in respect of the nature, quality or quantity of any goods or services that
you bought from the merchant or supplier or in respect of any other matter, our right to receive payment from you will not be affected in any way, and
it will not give anyone a right of setoff or counterclaim against us. You acknowledge that no merchant or supplier is our agent.
3.20 If a merchant or supplier refunds you, the refund will be credited to your account when we receive a properly issued credit voucher from the merchant
or supplier.
3.21 By keeping or using the card, you accept all these terms and conditions.
4 CONTACTLESS TRANSACTIONS
4.1 For the purposes of this clause:
4.1.1 contactless payment means a payment transaction that may or may not require a PIN that is made for an amount below the contactless transaction
limit and where the contactless-enabled card is placed against a compatible payment device or close to it.
4.1.2 contactless payment device means a point-of-sale device that is enabled to perform contactless payments.
4.2 A card may be enabled to make contactless payments.
4.3 You may make a contactless payment for an amount below the prescribed limits without using a PIN.
4.4 When you make a contactless payment without using a PIN, you do not have the right to dispute this payment or have it charged back.
4.5 You cannot make internet purchases or cash withdrawals at an ATM or cash withdrawals at retailer till points using contactless payment technology.
6 INTEREST
6.1 We will not pay interest on any account unless this is agreed in writing or if it is part of the product specification.
6.2 If applicable, interest will accrue to credit balances, calculated on the end-of-day balance, and will be capitalised monthly.
6.3 Interest rates on credit balances will be the rates specified at www.nedbank.co.za or will be available from the NCC or at any branch, charged in
accordance with the type of account that you have chosen or, if applicable, the rates we agreed with you.
6.4 If the end-of-day balance is a debit balance, debit interest at the NCA maximum interest rate for credit facilities or, if applicable, the rate we agreed
with you, will accrue to the account.
6.5 We may change the interest rates on credit balances at our discretion and on notice to you.
6.6 Interest on debit balances is calculated daily from the date on which the account goes into debit on the basis of a 365-day year, debited monthly in
Client initial
Nedbank Ltd Reg No 1951/000009/06. Authorised financial services and registered credit provider (NCRCP16).
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arrears. Any interest not paid on or before the due date will bear more interest at the rate that applies to this agreement.
7 WITHDRAWALS
7.1 Money is available on demand, subject to:
7.1.1 daily withdrawal limits at ATMs; and
7.1.2 withdrawal limits at teller terminals.
8 DEPOSITS
8.1 There is no limit on the number and size of deposits that can be made into the account.
8.2 If illegal money (counterfeit banknotes or any banknotes not accepted as legal tender in South Africa) or defective notes (stained or damaged
banknotes where the serial number is illegible or defaced) are paid into the account, we may reverse any value given to you for these notes.
11 STATEMENTS
11.1 We will make regular account statements available to you, subject to the product specifications.
11.2 You choose to receive electronic statements. An additional fee may be charged to your account if you request paper-based statements at a branch or
through our self-service or digital channels.
11.3 You must check your account and report any discrepancies to us within 30 days of the date of the discrepancy.
11.4 If there is a dispute regarding the items appearing on the statement, our records will be prima facie (on the face of it) proof.
13 MYPOCKET
13.1 Depending on the product specifications of your account, you may have a MyPocket savings pocket linked to your account, in which case the following
apply:
13.1.1 Your account automatically comes with one MyPocket and you may open another nine MyPockets.
13.1.2 You can choose a name for each MyPocket, and you can rename them as many times as you like.
13.1.3 You can transfer money to or from a MyPocket to or from your account through Nedbank's digital channels only. You cannot pay money into a
MyPocket.
13.1.4 You will have immediate access to the money in a MyPocket once the money has been transferred to your account.
13.1.5 No cards are issued on a MyPocket and you cannot use a MyPocket at an ATM or point-of-sale device.
13.1.6 You can, however, make third-party payments directly from a MyPocket.
13.1.7 A MyPocket cannot be overdrawn.
13.1.8 Because your MyPocket(s) are linked to your account, any money in your MyPocket(s) will be transferred to your account automatically if your
account becomes dormant or if it is closed.
13.1.9 A MyPocket cannot be converted into another type of account.
13.1.10 You can close a MyPocket at any time.
13.1.11 eNotes are not issued on a MyPocket and a MyPocket is not linked to Nedbank Greenbacks or the Nedbank affinities.
13.1.12 Interest will accrue on the credit balance in MyPocket, calculated on the end-of-day balance and will be capitalised monthly.
13.1.13 Depending on the balance in a MyPocket, you will earn interest on an escalating basis up to the maximum that we prescribe. Once this maximum
interest has been reached, interest will accrue on a descending basis.
13.1.14 Information on the interest rates and the maximum balance are available at www.nedbank.co.za or from the NCC or at any branch.
13.1.15 We may change the interest rates on credit balances.
13.1.16 The account statement referred to in clause 11 will not include the balances on MyPocket(s). You can get statements for MyPocket(s) at any Nedbank
branch or you can view them on Nedbank digital channels.
13.1.17 The pricing schedule that contains information regarding the fees applicable to MyPocket is available at any branch or at www.nedbank.co.za.
13.1.18 You confirm that you have read and understand the fees for your MyPocket.
13.2 You do not have to use the MyPocket automatically opened with your account if you do not want to. If you do not use the MyPocket, you will not pay
any fees and it will not affect your account at all.
14 LIABILITY
14.1 Except where damage or loss arises directly or indirectly from our wilful misconduct or gross negligence, we will not be liable to you for any damage or
loss that you may suffer because of:
14.1.1 any action taken in terms of clause 17 or 18.
14.1.2 your using Digital Interaction to communicate with us and any of the associated risks explained above.
14.1.3 any person having gained unauthorised access to any information or data.
14.1.4 incorrect information having been given to us or to any person, including any credit bureau; and
14.1.5 a delay, failure or malfunction of any ATM, SSK or other device (electronic or manual) that you use to do transactions on the account.
Client initial
Nedbank Ltd Reg No 1951/000009/06. Authorised financial services and registered credit provider (NCRCP16).
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15 DORMANT ACCOUNTS
15.1 We are entitled to charge fees on a dormant account.
15.2 Once an account has become dormant, you will be able to perform credit transactions and not debit transactions.
15.3 To lift the dormant status, you will have to contact the NCC.
15.4 We will give you reasonable notice that we will be closing an account that has been dormant for a certain period, which we will determine.
15.5 Once the dormant account has been closed, no interest will accrue to the account.
15.6 If you want to claim any credit balance from a closed dormant account, you will have to call the NCC or go to any of our branches for guidance on the
process that you must follow.
16 PRIVACY CONSENT
16.1 Subject to applicable laws, regulations, and our Privacy Policy, you give us permission to process your personal information as we see fit for both your
and our legitimate interest. This includes your race, biometrics and alleged criminal behaviour (if necessary).
16.2 You consent to us accessing your credit bureau data, obtaining your bank statements from your bank, get your payslip from your employer, sharing
your information with third parties, sharing information about your application with third parties, collecting your personal information from third
parties (such as your payslip), sharing information about your application with the Southern African Fraud Prevention Services and processing your
personal information outside South Africa.
16.3 Processing includes doing affordability assessments, credit scorings and profile building that may help us offer you a product or service that will suit
your needs. You may ask for a description of your personal information that we have on record and for the details of third parties who have, or having
had, access to your personal information.
16.4 You may withdraw your consent by notifying us in writing. You may also ask that we correct or delete your information, object to us having had your
information, and send a complaint to the Information Regulator.
19 DIGITAL INTERACTION
19.1 You accept all risks of Digital Interaction with us. These risks include the following:
19.1.1 It may not be the safest way to give us instructions, as Digital Interaction may be tampered with before, during or after transmission and can be
manipulated fraudulently.
19.1.2 Receipt or execution of Digital Interaction may be delayed because Systems and Devices failed, malfunctioned or were unavailable.
19.1.3 Digital Interaction may be illegible or inaudible, which may lead to instructions not being executed as intended.
19.1.4 We cannot verify email addresses, fax numbers and signatures.
19.1.5 We cannot establish the identity or designation of the sender of the Digital Interaction.
19.1.6 We may not be able to confirm receipt of Digital Interaction instructions.
19.2 You must make sure that your Systems and Devices can communicate with ours. You must meet our specifications for the installation and
configuration of your Systems and Devices.
19.3 You must do whatever is necessary to access and use your Account. This includes maintaining software licenses, paying license fees and getting the
necessary telecommunications lines, hardware, software and consumable materials (and any updates or upgrades).
19.4 You must adhere to our operating, maintenance and security requirements and procedures (including encryption standards) and make sure that there
are no destructive programs, for example viruses, worms and spyware, on your Systems and Devices.
19.5 You must make sure of the integrity, safekeeping and confidentiality of all communication lines, data, confidential information, Systems and Devices
and Authentication Mechanisms.
Client initial
Nedbank Ltd Reg No 1951/000009/06. Authorised financial services and registered credit provider (NCRCP16).
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20.7 Any legal notice, order or other document received by a party will be adequate written notice or communication to that party, even though it may not
have been sent to or delivered at the chosen address.
20.8 It is your responsibility to notify us of any changes to your address and contact details.
21 CERTIFICATE
The nature and amount of your obligation and the applicable interest rate will be determined and proved by a certificate or any other written evidence
(certificate) from any of our managers or accountants, whose position we do not need to prove, Unless the contrary is proved, the certificate will, on the
face of it, be binding on you and proof of its content and of the fact that the amount is due and payable. The certificate will be valid as a liquid
document (alternatively proof of a liquidated amount) in any competent court or for any other purpose.
22 ALLOCATION OF PAYMENTS
Each payment will be allocated firstly to any due or unpaid interest charges, then to any due or unpaid fees, and then to the reduction of the capital
amount outstanding.
23 JURISDICTION
At our option any claim arising from this agreement may be recovered in any magistrate's court with jurisdiction, regardless of the amount of the claim,
and you consent to the jurisdiction of that court.
24 GENERAL TERMS
24.1 Before opening an account, we will determine, to our satisfaction, if you will be a suitable accountholder.
24.2 We may refuse to open an account or accept a deposit.
24.3 You agree that we may combine all or some of your accounts, without notifying you. If we combine only some of these accounts, we will have the right
to claim from you any amount in respect of an account that is not part of the combined accounts.
24.4 The agreement constitutes the whole agreement between the parties in connection with the account.
24.5 We may change the agreement, but will give you notice of these changes. Any change to the agreement will not constitute a novation of the
agreement or any of your previous obligations to us.
24.6 Any latitude, indulgence or extension of time that we grant you will not be a novation or waiver of our rights in terms of the agreement. If a party does
not enforce any provision of this agreement, it will not affect that party's right to require performance of the provision in future.
24.7 If any competent court finds any provision of this agreement defective or unenforceable, the remaining provisions of this agreement will continue to be
of full force and effect.
24.8 The agreement will be governed in line with the laws of South Africa.
Tel: 0860 800 900 Tel: +27 (0)12 428 8000 Tel: +27 (0)10 006 0484
+27 (0)12 428 8012
Email: [email protected] 080 020 2087 Fax: +27 (0)12 663 5693
Physical address: 080 011 0443
Ground Floor, Email: [email protected]
110 Oxford Road, Rosebank, Johannesburg Fax: 012 347 0221
Physical address:
Email: [email protected] Ground Floor,
Block B,
Physical address: Block B, Riverwalk Lakefield Office Park,
Office Park, 41 Matroosberg Road, 272 West Avenue, corner West Avenue and
Ashlea Gardens, Pretoria, 0081 Lenchen Avenue North, Centurion
26 ACKNOWLEDGEMENT
26.1 You warrant that you have fully and truthfully answered all questions and responded to our requests for information relating to this agreement.
26.2 You confirm that you understand and appreciate the risks and costs inherent in this agreement, as well as your rights and obligations under this
agreement.
Nedbank Ltd Reg No 1951/000009/06. Authorised financial services and registered credit provider (NCRCP16).
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