Terms and Conditions

These Terms and Conditions (T&C’s) and the applicable account opening documentation for using any service/account/product ofNedbank Swaziland Limited , with registration number 39/1974 (hereinafter referred to as “Nedbank” / “it” / “we” / “us” / “our”) shall apply to all the respective services/accounts/products the account holder (“you” / “your”) may hold with us and as may be updated from time to time by us and published on our website.

These T&C’s shall apply to the service/account/product (together “the Agreement”) and no alteration or variation of the Agreement shall apply, either at the time the Agreement is concluded or at any time afterwards, unless the alteration or variation in question is expressly agreed to in writing and signed by an authorized representative of Nedbank at the time in question.

You agree to notify us in writing (or in such other mode(s) and/or methods as agreed to by us from time to time) of any change in your particulars and that you will have no claim against Nedbank in the event of any information provided by you to us being incorrect or outdated.

1. INTEREST AND OTHER CHARGES
   1. Nedbank shall pay intereston any credit balance on your account at a rate, which we determine and notify to you from time to time. This interest is credited to your account monthly.
   2. You shall be liable to pay interest to Nedbank, calculated at the appropriate announced rate we determine from time to time, on any debit balance on your account(s) resulting from any cause whatsoever.
   3. Interest on all amounts owed to Nedbank may be capitalized each month in arrears and will appear on the monthly statement.
   4. All applicable government levies you must pay in respect of the use of any card issued to you by us will be debited to your account(s monthly and paid over to the relevant government bodies by us.
   5. Nedbank has the right to debit your account(s) with its standard service and other fees and charges payable from time to time, which will be reflected on the monthly statement. This includes, but is not limited to, an annual fee (which will be debited for each year or part of a year, whether or not you use a card), a card replacement fee, a lost-card protection fee, a returned-payment fee, an over-facility fee and a copy document fee in respect of the issue of and use by you of the card.
   6. You authorise Nedbank to debit your account(s) with all legal costs incurred in exercising any of Nedbank’s rights in terms of this Agreement, including all legal charges as between attorney-and-own-client, tracing fees and collection charges.
2. STATEMENT, PAYMENT AND DEPOSITS
   1. We may send you a statement via electronic mail or the post, setting out each entry as well as the total debit or credit balance, as the case may be, on your account. You should check that you receive the monthly statements, and if not, inform Nedbank in writing as soon as possible.
   2. It is important that the monthly statements be checked to determine if they are correct. If you wish to dispute any item or entry on any statement, please inform Nedbank within 30 (thirty) days of the date of the statement, recording the dispute to enable Nedbank to investigate, obtain the relevant documents pertaining to the disputed entry and make the necessary enquiries. The relevant documents are available for a limited time only.
   3. You hereby consent that we may use any credit balance on your account or on any of your accounts you may have with us at any time to set off any money you owe us for whatever reason, without notifying you thereof. If there remains an outstanding amount after we have setoff, we may demand that you repay us that amount immediately.
   4. If you do not receive a statement, this will not give you the right or be a reason not to pay any amount that is due and payable to us.
   5. Any record of a deposit into your account may be checked and confirmed by us and, if there is a difference between your record and our records, our records will be binding on you unless proven otherwise by you.
   6. If any negotiable instrument is deposited into your account, the proceeds will be credited to your account, but the negotiable instrument will be available as cash only when it has been honoured. If the negotiable instrument is dishonoured, your account will be debited accordingly and, provided you are not the drawer or maker, we will send back the negotiable instrument to you at your risk.
   7. All payments received from you will be credited to your account and we will apply this money firstly to pay any applicable government levies, then any legal costs, then any fees, then any other charges we levy on your account, then interest, and finally the principal debt.
   8. You may not attach any conditions whatsoever to any payment made to us. If you attach any conditions, we will have the right to accept your payment and exercise our rights in terms of these T&C’s of use as if you have not attached any condition.
3. LIABILITY
   1. We will not be liable to you for any damage or loss that you suffer if:
      1. any person gains unauthorised access to the card, your account, your PIN or your facility or any information in respect thereof;
      2. incorrect information is given by us in good faith to any person, including any credit bureau;
      3. we process any information incorrectly received;
      4. there is a delay, failure or malfunction of any ATM or other device (electronic or manual) you use to make card transactions with the card; or
      5. any person gains unauthorised access to your information or data (whether correct or incorrect).
   2. You acknowledge that Nedbank shall neither be required to enquire into the authority of any person who uses/has used the passwords/accessed the account, nor shall Nedbank be required to enquire into the validity of any information provided by you to it for purposes of the account; and that once Nedbank has received and implemented an instruction given by you, you shall not be entitled to countermand or amend such instruction but shall be obliged to follow such procedures as may be prescribed by us from time to time.
4. CALL-UP
   1. Nedbank shall have the right at any time and for any reason whatsoever to call up any overdraft or loan facilities granted to you, notwithstanding the fact that the agreed limit of such overdraft or loan facilities has not been exceeded.
5. UNLAWFUL USE OF ACCOUNT / SERVICES / PRODUCTS
   1. As a condition of subscribing to any account/services/products, you warrant to Nedbank that you shall not use the account / services for any unlawful purpose which is prohibited, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation, nor shall you use it in any manner that may be prejudicial to us.
   2. You agree that you shall be obliged to settle any payment obligations to us in accordance with the instructions issued to us and that this shall not entitle you to overdraw any account unless prior arrangements have been made with us, and then only in terms of such arrangement; and that the limits allocated to any of your account will not be exceeded.
6. BLOCKING OF ACCOUNT / WITHHOLDING OF FUNDS
   1. Nedbank may, without prior notice to you, block (and later unblock)and/or withhold any amount in any of your accounts at any time, if required to do so by any relevant authority, law, regulator or other authority, or in order to comply with its internal policies and/or any applicable order or sanction of an authority.
7. FATCA POLICY
   1. The Foreign Account Tax Compliance Act (the “Act”) forms part of this Agreement and you hereby agree to be bound by, comply with and adhere to the terms of the Act. Should there be any conflict or inconsistency between the Act and the Agreement, the contents of the Act shall prevail.
8. AML / CFT / SANCTIONED TRANSACTIONS / EXCHANGE CONTROL
   1. You agree not to make any of the finance which Nedbank provides to you available to sanctioned individuals and/or entities or for the purposes of any sanctioned or illegal activity.
   2. To comply with and meet its reporting requirements in terms of all applicable laws and regulations relating to anti-money laundering(AML), countering the financing of terrorism (CFT), sanctioned transactions and exchange control, Nedbank may be:
      1. prohibited from entering into certain foreign exchange transactions unless the conditions of approval by Central Bank of Swaziland are first complied with; and/or
      2. prohibited from entering or concluding transactions involving certain countries, entities, banks, vessels or individuals; and/or
      3. prohibited from engaging in transactions that are subject to such sanctions (including the clearing of incoming / outgoing cheques drawn on / presented before all sanctioned banks);
         and/or
      4. compelled to reject such transactions and/or block the related funds, as per sanctions, policies and legislation; and/or
      5. required to report any suspicious transactions to the relevant authorities.
   3. To this end Nedbank or ny of its employees shall be entitled to:
      1. intercept and investigate any payment messages and/or other information or communications sent to or by you and/or on your behalf; and/or
      2. delay, block and/or refuse to make any payment and payment screening, which in turn may cause a delay in the processing of certain information.
   4. Nedbank shall not be liable for any loss arising out of any action taken or any delay or failure to perform its duties or obligations caused in whole or in part by any steps taken above.
9. CREDIT BUREAU INFORMATION
   1. You consent to Nedbank periodically checking and reporting your credit status with any registered credit bureau or credit reference agency. By doing so you consent to us disclosing such information as may be necessary or required to check and/or to report in terms of the applicable laws, and in this regard:
      1. you confirm that we may transmit to all relevant credit bureaus data about the application for, opening and termination of an account by you, as well as your conduct of such account;
      2. you acknowledge that information on non-compliance with the terms and conditions of this Agreement is transferred to such credit bureaus;
      3. the credit bureaus provide credit profiles and possibly credit scores on your credit worthiness, subject to the credit record;
      4. you have the right to have the credit record disclosed and to correct inaccurate information by contacting the credit bureaus directly.
10. CONFIDENTIAL INFORMATION
    1. You authorize us to check and confirm any information on your application form and to make any enquiries we deem necessary.
    2. You acknowledge that Nedbank is bound by the client-banker confidentiality principle and hereby waive such right in favour of Nedbank and consent to Nedbank disclosing such confidential information to other companies in the Nedbank Group for marketing cross-selling and other related purposes.
11. WAIVER AND INDEMNITY
    1. You understand, confirm and acknowledge that:authorizing Nedbank to act upon telephonic, fax, short message service (“sms”) and/or email instructions, or to correspond with you via sms, may not be the safest or most prudent way of managing your account as a result of the inherent shortcomings in relation to each of these methods;
    2. aside from asking questions relating to personal information, it is not possible for Nedbank to confirm the identity of any person providing instructions telephonically and that, should this personal information fall into the hands of a third party, it may be used for the purposes of committing fraudulent transactions;
    3. instructions sent by fax can very easily be tampered with, intercepted, fraudulently abused by outsiders, be the cause of delay in carrying out instructions contained therein, be mislaid or not be properly legible and it may furthermore not be possible to verify any signature
       that has been faxed;
    4. Nedbank cannot confirm that any instruction sent by email has indeed been sent by you and that the risk of email facilities being fraudulently abused by unauthorised persons cannot be excluded;
    5. correspondence sent to you via sms may be intercepted and fraudulently abused by outsiders with access to your mobile phone;
    6. by instructing and authorising Nedbank to accept telephone, fax, sms and/or email instructions, and to correspond with you via sms, you may be exposing yourself to risk, including but not limited to the aforementioned.
    7. Now therefore:
       1. you hereby indemnify Nedbank against and waive any rights in connection with any demand, claim, action, losses and damages of whatsoever nature which may be brought against Nedbank or which you may suffer or incur, whether directly or indirectly relating to or in connection with your account, whether directly or indirectly, and whether or not arising from any telephonic, fax, sms and/or email instruction given, or sms received, unless the matter is as a result of gross negligence or wilful misconduct of Nedbank or any of its employees or person acting for or controlled by Nedbank, in which case the matter shall be dealt with on its legal merits;
       2. you undertake that should any claim or action be made or instituted against Nedbank as a result of such gross negligence or wilful misconduct, any claim shall be limited to direct damages and that no indirect, special of consequential damages shall be claimed;
       3. you furthermore specifically indemnify Nedbank and hold it harmless from all demands, claims, actions, losses and damage of whatever nature in relation to:
          1. infringements of confidentiality arising from the use of the telephone, fax, sms and/or email to convey instructions to Nedbank;
          2. infringement of confidentiality arising from the correspondence that you received from Nedbank via sms;
          3. Nedbank acting, or not acting, on any instruction or arising from or out of the malfunction, failure or unavailability of any hardware, software or equipment, the loss or destruction of any data, power failures, corruption of storage media, interruption or distortion of communication links or storage media, natural
             phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond Nedbank's control;
          4. damage arising from any event beyond Nedbank’s control;
          5. damage arising from the reliance of any person on incorrect, illegible, incomplete or inaccurate information or dates contained in any instructions received by or sent by Nedbank;
          6. damage arising from the sending of false, fraudulent or altered instructions to Nedbank by telephone, fax, sms and/or email;
          7. damage caused by the misplacement or loss, however caused, of any instructions sent to Nedbank by fax and/or email;
          8. damage caused by Nedbank’s delay to act immediately upon any instruction sent to Nedbank by telephone, fax, sms and/or email;
          9. the use, misuse, abuse or possession of any third party software, including without limitation, any operating system software, browser software or any other software packages or programs;
          10. any unauthorized access to your account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your equipment;
          11. your failure to adhere to any of the terms and conditions applicable to the services and/or your account; and/or
          12. the supplying of incorrect information, or by the failure or unavailability of third party facilities or systems, or the inability of a third party to process a transaction.
12. CERTIFICATE AND OTHER DOCUMENTARY EVIDENCE OF INDEBTEDNESS
    1. If any one of our managers, whose status or appointment need not be proved, signs a certificate stating:
       1. that you are indebted to Nedbank as well as the amount of this debt, which includes the capital and interest and any other amounts or charges;
       2. the fact that the amount of this debt is owed and must be paid to Nedbank;
       3. any details of any transaction, whether with a card, via electronic banking or otherwise;
       4. any other matter regarding your account; this will be prima facie (sufficient) proof that the content of the certificate is correct. This certificate may be used for any purpose, which includes, but is not limited to, obtaining a judgement or any other order or relief against you.
    2. Whenever Nedbank takes any legal steps against you, we will have the right to use microfilm and/or copies of any other relevant records as prima facie proof that you are indebted to us.
13. SEVERABILITY
    1. Every provision (including this clause) of this Agreement is deemed to be separate and severable, and should any provision be found to be defective or unenforceable for any reason, that provision will be severed from the remaining provisions and the validity of the remaining provisions will continue to be of full force and effect.
14. FURTHER INFORMATION
    1. You agree to furnish Nedbank, on request, with such information and/or documents as may be required from time to time in respect of yourself, your spouse and/or any surety, guarantor or other person who has provided security in respect of your indebtedness to Nedbank.
15. CESSION
    1. You hereby consent to Nedbank ceding, assigning and/or transferring all or any of its rights, title and interest in and to this Agreement, any account and/or services provided to you, as well as any other security of whatsoever nature held by Nedbank in respect of your indebtedness to Nedbank, to and in favour of any third party/-ies. This includes the right to delegate any obligation in terms of this Agreement and/or the security or other security mutatis mutandis.
    2. You are not be entitled to cede any rights, title and interest in and to this Agreement nor to validly cede any claim which you may have in respect of any credit balance appearing on any one of your account to any other third party without obtaining Nedbank’s prior written consent.
16. WITHHOLDING TAX
    1. Amounts in your account (including any interest earned) may be subject to withholding tax in accordance with the applicable laws. 
17. SET-OFF
    1. You hereby authorize Nedbank to combine/set-off against each other all the balances of the account without prior notice for the purposes of determining whether there are sufficient funds to meet any withdrawal instruction given by you to Nedbank.
    2. In this regard you pledge and cede all your claims to any credit balance on the account held with Nedbank, from time to time hereafter owed or indebted to you by Nedbank, whether such indebtedness be incurred in respect of your current account or arising from any other cause whatsoever.
    3. Nedbank may in its sole discretion disregard any withdrawal instruction made by you on any of the accounts conducted by you with Nedbank, or in any other manner, if the combined balance of the accounts at the time of the withdrawal instruction being given is not
       sufficient for the amount of the withdrawal instruction so given. You agree that Nedbank may at any time refuse to execute any instruction to transfer funds from one of the accounts to any of the other and/or to appropriate incoming funds to any specific one of the accounts.
18. WHOLE AGREEMENT
    1. This Agreement constitutes the whole of the agreement between you and Nedbank relating to the account/services.
    2. Notwithstanding the above, you acknowledge and accept that Nedbank may from time to time amend or replace such terms and conditions insofar as they relate to the account/services and publish the revised terms and conditions on its website.
    3. Any such amendment or replacement shall not amount to a novation of this Agreement or of any of your previous / existing obligations to Nedbank.
    4. It remains your responsibility to keep yourself informed of the terms and conditions via the website, or you may request a hard copy of the terms and conditions at your nearest Nedbank branch. You confirm that by entering your electronic banking subscription number and password or security device to gain access to the services, you bind yourself to the terms and conditions in force at that point in time as they may appear on Nedbank's website.
19. WARRANTY
    1. You declare and warrant that all information provided in the application form(s) and any information to be given in the future and information to be contained in each instruction processed electronically through any of the services performed by Nedbank, is and will be correct in all respects.
    2. You record that you shall be obliged to inform us of any change in the information provided by you and that you will have no claims against Nedbank in the event of any information provided by you to Nedbank being incorrect.
20. NO REPRESENTATION
    1. The parties agree that no other terms or conditions, whether oral or written and whether express or implied, apply.
21. JURISDICTION
    1. You hereby agree and give your consent that a magistrate's court will have jurisdiction in respect of any legal steps and proceedings we take against you or connected with this Agreement, even if the matter in dispute or amount claimed exceeds the jurisdiction of the magistrate's court.
    2. Nedbank shall nevertheless be entitled, at its sole discretion, to institute all or any proceedings against you connected with this Agreement and/or the account/services in the High Court of Swaziland.
    3. You hereby agree to pay all legal costs on the scale as between an attorney-and-own client (including collection commission and any other sundry charges) in the event of Nedbank being obliged to institute action against you for recovery of any debt or damages arising out of the operation of the account/services or this Agreement.
22. GOVERNING LAW
    1. This Agreement and the relationship between you and Nedbank shall be governed by and construed and interpreted in accordance with the applicable laws of the Kingdom of Swaziland, notwithstanding the fact that any instruction emanated from outside the borders of Swaziland.
23. WAIVER
    1. No waiver by Nedbank of any term or condition of this Agreement shall be binding or effectual unless contained in writing and signed by Nedbank, and any such waiver will be effective only in the specific instance and for the purpose given.
    2. No failure or delay on the part of Nedbank in exercising any right, power or privilege will operate as a waiver thereof, nor will any single/partial exercise of any right, power or privilege preclude any exercise thereof or the exercise of any other right, power or privilege. Should Nedbank thus allow you any latitude or extension of time, it is not and should not be understood as a novation or waiver of its rights
       in respect of this Agreement, and it will also not be, or be the cause of, an estoppel against Nedbank.
24. DOMICILIUM AND NOTICES
    1. The physical address given by you to Nedbank on the application form will always be the address you have chosen where summonses, legal documents and notices may be served on you (‘domicilium citandi et executandi). The postal address given by you on the application form is the address to which we will send all other notices, correspondence, cheque account statements and documents addressed to you.
    2. Nedbank's addresses for the purposes hereof is: (Physical) 3rd Floor, Nedbank Centre, Cnr. Dr. Sishayi & Sozisa Roads, Swazi Plaza, Mbabane, Swaziland, for the attention of the Managing Director.
    3. Either party may change its domicilium to any other address in the Kingdom of Swaziland by written notice to the other party to that effect. Such change of address will be effective 10 (ten) business days after receipt of notice of the change of domicilium.
    4. All notices to be given in terms of this Agreement will be given in writing and delivered or sent by post, telefax or email.
    5. If posted, notices will be presumed to have been received on the 7th (seventh) business day after having been posted; if delivered, notices will be presumed to have been received on the date of delivery; if sent by telefax, notices will be presumed to have been received on the first business day following the date of sending of the telefax unless the contrary is proved; if sent by email, notices will be presumed to have been received on the first business day following the date of receipt of the email unless the contrary is proved.
    6. Any notice actually received by the party to whom the notice is addressed will be deemed to have been properly given and received notwithstanding that such notice has not been given in accordance with the provisions of this clause, provided that any formal legal process shall not be sent by telefax or via email.
25. SUSPENSION OF ACCOUNT
    1. If your account remains inactive or dormant for such period of time as Nedbank may determine, Nedbank reserves the right to impose such conditions in relation to the further operation of the account as it may determine in its sole and absolute discretion.
    2. Nedbank may also elect to suspend your account when you are in default under the Agreement, or close the account by giving you at least 10 (ten) days’ prior written notice of such termination.
26. BREACH
    1. Should you breach any term or fail to perform any of your obligations in terms of this Agreement or any other agreement between you and Nedbank, Nedbank shall be entitled, without notice, to cancel this Agreement and withdraw the services and/or the services in respect of your account with immediate effect, without prejudice to its rights
       to recover any amounts due to it in terms of this Agreement and/or any loss or damage suffered by Nedbank as a consequence of the breach by you of any term of this Agreement or the cancellation of this Agreement or the withdrawal of the services.
27. TERMINATION
    1. Notwithstanding anything contained above, the Agreement may be terminated at any time by either us or you on having given 30 (thirty) days’ written notice, except that in the event of any change in any law or the application thereof, which would have the effect of prejudicing us should we continue with the rendering of any service to you, we will be entitled to terminate the agreement on 48 (forty eight) hours' written notice to you.
    2. We reserve the right, subject to applicable law, to terminate the account/services and your right to the account/services at any time and for any reason, including without limitation if we, in our sole
       judgment, believe you are/have engaged in conduct or activities that violate this Agreement and/or our rights, or if you provided us with misleading or false information.
    3. We will have the right at any time to close your account, cancel any credit facility and demand that you repay us the full amount outstanding on your account and immediately give back the card and the additional card, if applicable, to us. We do not have to give you any reason for the above. Any liability which you or the holder of the additional card, if applicable, may have in respect of these terms and conditions of use and any credit granted to you previously will not be affected by the above action.
    4. The full amount you owe us will immediately become due and payable if we close your card account; and/or we cancel your credit facility; and/or we demand that you give the card back to us; and/or you breach any of these terms and conditions of use; and/or your estate is provisionally or finally placed under curatorship or sequestrated; and/or you die.
    5. You hereby agree that we may inform any merchant or other person that we have closed your account and/or have cancelled the services / your credit facility, and you will not have any claim against us because we have given this information.
    6. Any termination of your account and/or credit facility and/or the card and/or the services will not affect your liability to us in respect of the use of the card/account/services and this Agreement before that termination or before we receive back the card, whichever happens last.
28. GENERAL
    1. These terms and conditions govern the relationship between you and Nedbank in respect of the account/services. Should there, however, be a conflict between the provisions hereof and the provisions of any agreement relating to a specific account/service used by you, then the provisions of that agreement will take precedence, but only insofar as they conflict with the provisions hereof.
    2. You acknowledge that your use of the services provided by Nedbank shall not vary any aspect of the bank-client relationship between you and Nedbank and you agree that the utilization of any account/service shall be subject to the completion, signature and submission to
       Nedbank of the relevant application form(s) and any other documents/agreements required by Nedbank from time to time. 

In addition to the General Terms and Conditions as signed by you and as amended from time to time on the Nedbank Swaziland Website, the following Terms and Conditions are applicable to the Current Account.

1. AUTHORISATION
   1. You hereby authorize Nedbank to pay all cheques, promissory notes, bills of exchange and other negotiable instruments payable purporting to be drawn, made or accepted by you and signed and to debit such instruments to the account whether such account be in credit or otherwise.
2. USE OF THE CARD
   1. You must, immediately when you receive the card (the relevant Nedbank card issued to you by us in our sole discretion to be used by you), insert your signature in the space provided thereon with a ballpoint pen.
   2. If you do not want the card, you must destroy it immediately without using it and also notify us in writing thereof.
   3. The card may be used only by you, the account holder or where an additional card has been issued to an additional cardholder by that cardholder.
   4. You may not cede or delegate any of your rights or obligations in respect of the card or its use.
   5. 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 your account is closed by any of the parties for whatever reason. If we allow a card transaction after the card has expired or has been cancelled, this does not mean that we have
      extended the validity term of the card.
   6. We are the owners of the card and, when your account is closed for whatever reason, you must give the card back to us (or to any person who is authorized to act on our behalf).
   7. We will, where applicable, encode the card with a PIN, which will give you the right to deposit and/or withdraw cash and/or make use of services by means of the card at compatible ATMs or other electronic devices.
   8. You must:
      1. take proper care of the card and do everything which is necessary to prevent it from being lost, stolen or wrongfully used;
      2. ensure that any record of your PIN is kept separate from the card in a safe place;
      3. not allow anybody to obtain knowledge of your PIN.
   9. If the card:
      1. is lost, stolen or used wrongfully; or
      2. is used by any person other than you; you must notify any Nedbank branch in Swaziland immediately. You must also notify any Nedbank branch in Swaziland immediately if anyone obtains knowledge of your PIN or if you have reason to believe or suspect that this has happened. If you have notified us verbally, you must confirm your verbal notification in writing within twenty-four (24) hours after the verbal notification. It is your responsibility to ensure that the Nedbank Swaziland receives every written notice.
   10. You will be liable for and must repay us all amounts we pay or have to pay if the card or PIN is used before we have had reasonable time after your notification to take the necessary action.
   11. Except where a transaction is made by means of your PIN or is requested by mail or telephone order, you must sign a sales voucher, a cash advance voucher or a refund voucher, as the case may be, every time you use the card or give the card number to a merchant. You remain liable for and must repay us all amounts we pay or have to pay in respect of your card transactions.
   12. You must be fully familiar and comply with all the applicable Exchange Control Regulations when you use the card outside the common monetary area. Card transactions made in foreign currencies will be shown on your statements in the local currency, Emalangeni.
   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 you use the card.
   14. When you use an ATM you do so at your own risk and we will not be liable for any loss or theft resulting from the use of an ATM.
   15. You authorize us (which authorization may not be cancelled):
       1. to pay for any purchases, services or cash advances in respect of which the card or the card number is used and to debit the amount concerned to your account;
       2. to debit your account with the amount of the sales voucher or cash advance voucher or any other cash amount withdrawn; and
       3. to make the necessary entries to do the above and to reverse these entries when appropriate.
   16. We determine the amount of your credit facility at all times and will notify you thereof. You may not exceed the amount of your credit facility unless you have first obtained our approval. If we accept any sales voucher, cash advance voucher or other evidence of withdrawal of cash and/or purchase resulting in your credit facility being exceeded, this will not mean that we have exercised our discretion to increase your credit facility permanently.
   17. If you exceed your credit facility, we may close your account. If we do close your account, you remain liable for all amounts due in respect of your account and we will not authorize any further account transactions.
   18. We will not in any way be liable to you if any merchant or supplier does not accept the card or if we refuse to authorize any card transaction.
   19. If there are any claims or disputes between you and any merchant or supplier in respect of the nature, quality or quantity of any goods or services you obtained from the merchant or supplier or in respect of any other matter or thing, our rights to receive payment from you will not be affected in any way nor will it give anyone a right of setoff or counter-claim against us. You hereby acknowledge that no merchant or supplier is our agent.
   20. If a merchant or supplier gives you a refund, this will be credited to your account only after we have received a properly issued refund voucher from the merchant or supplier.
   21. If we are instructed in writing to stop a transaction, we will attempt to do so. However, we shall not be liable for any loss incurred, whether direct or consequential, if we fails do so.
   22. You may not use the card after it has expired and, if we cancel the card before the expiry date, you may not use it after the date on which it has been cancelled.
   23. If you want to terminate your right to use the card and/or credit facility, you must return the card to us or destroy the card, together with a written notice that you want to terminate your right. The card and/or your credit facility will then be cancelled on the day your notice and/or the card is received by a Nedbank branch in Swaziland. 
3. ADDITIONAL CARDS
   1. If we issue an additional card, you and the additional cardholder will be jointly and severally liable to us as co-principal debtors for all amounts due and payable to us as a result of the use of the additional card and for all obligations resulting from it.
   2. When the additional card is returned to us and all amounts due to us in respect of the use of the additional card are paid in full, we will, when you or the additional cardholder request us to do so, cancel the additional card and you will then no longer be liable to us for future debt in respect of the additional card, on the condition that we confirm to you in writing that this is the case.
   3. You hereby relinquish the benefit of the legal exceptions and/or defences of excussion, division, cession of action, no cause of debt, no value received or revision of accounts which you can or may plead to defend any claim we bring against you or both you and the third party named on the additional card, and you hereby acknowledge that you are familiar with and fully understand the meaning and effect of all the exceptions mentioned above. 
4. LOST CARD
   1. If your card / card number / PIN ( personal identification number) is lost, stolen and/or used wrongfully, or used by any person other than yourself or any additional card holder (or if you suspect that any of this has happened), you should notify Nedbank immediately.
   2. If you inform Nedbank telephonically or verbally, you will be provided with a reference number which you should keep safe as you might be asked for it again. Any verbal notification should be confirmed to us in writing within 24 (twenty-four) hours of the verbal notification, stating the reference number.

In addition to the General Terms and Conditions as signed by you and as amended from time to time on the Nedbank Swaziland Website, the following Terms and Conditions are applicable to the Savings Account.

1. USE OF THE CARD
   1. You must, immediately when you receive the card (the relevant Nedbank card issued to you by us in our sole discretion to be used by you), insert your signature in the space provided thereon with a ballpoint pen.
   2. If you do not want the card, you must destroy it immediately without using it and also notify us in writing thereof.
   3. The card may be used only by you, the account holder or where an additional card has been issued to an additional cardholder by that cardholder.
   4. You may not cede or delegate any of your rights or obligations in respect of the card or its use.
   5. 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 your account is closed by any of the parties for whatever reason. If we allow a card transaction after the card has expired or has been cancelled, this does not mean that we have extended the validity term of the card.
   6. We are the owners of the card and, when your account is closed for whatever reason, you must give the card back to us (or to any person who is authorized to act on our behalf).
   7. We will, where applicable, encode the card with a PIN, which will give you the right to deposit and/or withdraw cash and/or make use of services by means of the card at compatible ATMs or other electronic devices.
   8. You must:
      1. take proper care of the card and do everything which is necessary to prevent it from being lost, stolen or wrongfully used;
      2. ensure that any record of your PIN is kept separate from the card in a safe place;
      3. not allow anybody to obtain knowledge of your PIN. 
   9. If the card: 
      1. is lost, stolen or used wrongfully; or
      2. is used by any person other than you; you must notify the nearest Nedbank branch in Swaziland immediately. You must also notify the nearest Nedbank branch in Swaziland immediately if anyone obtains knowledge of your PIN or if you have reason tobelieve or suspect that this has happened.If you have notified us verbally, you must confirm your verbal notification in writing within twenty-four (24) hours after the verbal notification. It is your responsibility to ensure that Nedbank receives every written notice.
   10. You will be liable for and must repay us all amounts we pay or have to pay if the card or PIN is used before we have had reasonable time after your notification to take the necessary action.
   11. Except where a transaction is made by means of your PIN or is requested by mail or telephone order, you must sign a sales voucher, a cash advance voucher or a refund voucher, as the case may be, every time you use the card or give the card number to a merchant. You remain liable for and must repay us all amounts we pay or have to pay in respect of your card transactions.
   12. You must be fully familiar and comply with all the applicable Exchange Control Regulations when you use the card outside the common monetary area. Card transactions made in foreign currencies will be shown on your statements in the local currency, Emalangeni.
   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 you use the card.
   14. When you use an ATM you do so at your own risk and we will not be liable for any loss or theft resulting from the use of an ATM.
   15. You authorize us (which authorization may not be cancelled):
       1. to pay for any purchases, services or cash advances in respect of which the card or the card number is used and to debit the amount concerned to your account;
       2. to debit your account with the amount of the sales voucher or cash advance voucher or any other cash amount withdrawn; and
       3. to make the necessary entries to do the above and to reverse these entries when appropriate.
   16. We will not in any way be liable to you if any merchant or supplier does not accept the card or if we refuse to authorize any card transaction.
   17. If there are any claims or disputes between you and any merchant or supplier in respect of the nature, quality or quantity of any goods or services you obtained from the merchant or supplier or in respect of any other matter or thing, our rights to receive payment from you will not be affected in any way nor will it give anyone a right of setoff or counter-claim against us. You hereby acknowledge that no merchant or supplier is our agent.
   18. If a merchant or supplier gives you a refund, this will be credited to your account only after we have received a properly issued refund voucher from the merchant or supplier.
   19. If we are instructed in writing to stop a transaction, we will attempt to do so. However, we shall not be liable for any loss incurred, whether direct or consequential, if we fails do so.
   20. You may not use the card after it has expired and, if we cancel the card before the expiry date, you may not use it after the date on which it has been cancelled.
   21. If you want to terminate your right to use the card, you must return the card to us or destroy the card, together with a written notice that you want to terminate your right. The card will then be cancelled on the day your notice and/or the card is received by any Nedbank branch in Swaziland.
2. ADDITIONAL CARDS
   1. If we issue an additional card, you and the additional cardholder will be jointly and severally liable to us as co-principal debtors for all amounts due and payable to us as a result of the use of the additional card and for all obligations resulting from it.
   2. When the additional card is returned to us and all amounts due to us in respect of the use of the additional card are paid in full, we will, when you or the additional cardholder request us to do so, cancel the additional card and you will then no longer be liable to us for future debt in respect of the additional card, on the condition that we confirm to you in writing that this is the case.
   3. You hereby relinquish the benefit of the legal exceptions and/or defences of excussion, division, cession of action, no cause of debt, no value received or revision of accounts which you can or may plead to defend any claim we bring against you or both you and the third party named on the additional card, and you hereby acknowledge that you are familiar with and fully understand the meaning and effect of all the  exceptions mentioned above. 
3. LOST CARD
   1. If your card / card number / PIN ( personal identification number) is lost, stolen and/or used wrongfully, or used by any person other than yourself or any additional card holder (or if you suspect that any of this has happened), you should notify Nedbank immediately.
   2. If you inform Nedbank telephonically or verbally, you will be provided with a reference number which you should keep safe as you might be asked for it again. Any verbal notification should be confirmed to us in writing within 24 (twenty-four) hours of the verbal notification, stating the reference number.
      

In addition to the General Terms and Conditions as signed by you and as amended from time to time on the Nedbank Swaziland Website, the following Terms and Conditions are applicable to the Investment Account.

1. INVESTMENT ACCOUNTS
   1. Instruments delivered to Nedbank for collection by you or on your behalf shall be available as cash only when paid.
   2. Any payment against uncleared effects, which may be allowed by us shall be at our sole discretion and shall not give rise to any claim against us.
   3. Nedbank, at its discretion, shall be entitled to debit your account with the amount of any unpaid or dishonoured instruments.
   4. We shall accept no responsibility for ascertaining that depositors or accountholders have lawful title to instruments delivered for collection or for instruments lost, stolen or destroyed while in any stage of collection. We shall also not be responsible for errors resulting from incorrect information furnished by you or on your behalf and we shall have no duty to check or verify any such information.

In addition to the General Terms and Conditions as signed by you and as amended from time to time on the Nedbank Swaziland Website, the following Terms and Conditions are applicable to Electronic Banking.

1. ELECTRONIC BANKING
   1. Upon formal approval of your application by Nedbank, we will provide you with a profile number (or  security device, signature numbers, password(s) and/or application (“the device”)) and you will be afforded the use of various electronic banking services / profiles / systems offered by Nedbank (“the services”) in terms of which we, using our equipment, will execute on your behalf, instructions which you may give to us in written or electronic format.
   2. Nedbank may add further services and profiles from time to time and we reserve the right to modify, replace or withdraw any service and/or profile at any time, for any reason whatsoever, without prior notice to you.
   3. You understand and accept that you may link a business account or an account requiring multiple signatures to your profile only if you have submitted to Nedbank an original written resolution or power of attorney to this effect and it will be your responsibility to ensure that no unauthorized persons have access to your account.
   4. Nedbank shall be entitled and authorized to debit your account with the amounts of the transactions effected via electronic banking and to debit your account with the amount of any fees applicable to the electronic banking services from time to time.
2. PASSWORD AND EQUIPMENT
   1. If you wish to make use of the electronic banking services where a password is required, Nedbank shall allocate a password to you in respect of your profile number. The password will allow you to gain access to the services linked to your profile. You shall ensure the safekeeping of passwords and confidentiality of all devices, passwords, signature numbers and other confidential information and shall further ensure that the account is not used / instructions are not issued / relevant functions are not performed by anyone other than a person authorised to do so.
   2. You shall provide and maintain hardware and all consumable materials required for the use of the above services. Nedbank makes no representations as to the suitability of any of your hardware, software or consumable materials for the use of the services.
   3. You shall notify us immediately in writing on you becoming aware that a device or password has been lost or forgotten or may have fallen into the hands of an unauthorised person. We shall, on receipt of such written notice, furnish replacement passwords to you.
3. SECURITY PROCEDURES
   1. You shall at all times follow the security procedures notified to you by us from time to time or such other procedures as may be applicable to any of your accounts and specifically those that are contained on Nedbank's website.
   2. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your profile confidentiality and may lead to unauthorized transactions between accounts linked to your electronic banking subscription
      with Nedbank. We shall neither be required to enquire the authority of any person who uses/has used the passwords/accessed the accounts, nor shall Nedbank be required to enquire into the validity of any information provided by you to us for purposes of the account.
   3. You further acknowledge that any software downloaded by you from the internet and specifically Nedbank's internet site, is third party software, the licensing of which shall be subject to such terms and conditions as the licensor of such software may impose. You will be deemed to have read, understood and applied the information
      displayed on any profile, system or electronic banking site and your role in respect thereof.
4. COPYRIGHT
   1. Nedbank shall at all times retain its copyright in or licence to the software (including the passwords) and associated documentation, should such software and associated documentation belong to us, used in respect of the account(s) as well as in respect of any logos, trademarks or service marks used.
   2. You shall not duplicate, reproduce or in any way tamper with the software and associated documentation without our prior written consent.
   3. In respect of third party software, we are not a party to any licence agreement entered into by you and the licensor and thus make no warranties relating to such software, including without limitation, warranties relating to the suitability for a particular purpose, security features or performance. You acknowledge that the use of such
      software shall be at your own risk and you indemnify and hold us harmless against any loss or damage, which you may suffer as a result of the use, abuse or possession of such software.
   4. Furthermore, you understand that the utilization of such third party software may be illegal in jurisdictions outside Swaziland and/or may infringe upon certain third party intellectual property rights in such jurisdictions. You understand that should you use any third party software outside the boundaries of Swaziland, it shall at all times be incumbent upon you to ascertain the legality of such use and to
      obtain all necessary licences and permissions from the relevant parties. You accordingly indemnify and hold Nedbank harmless against any and all liability, which you may incur in this regard.