LEGAL TERMS AND CONDITIONS
This agreement also applies to any person(s) the account holder appoints to use these channels on their behalf as agent.
- We can change this agreement or any of the rules or conditions at any time or as the laws of South Africa requires. We will inform you regarding any significant (important) changes to this agreement or the rules before we make the changes. We can assume that you agreed to the changes if the channels are used after the changes are implemented.
- The words “you” or “your” means the account holder and any person the account holder allows to operate on the account.
- The words “us”, “our”, “we” refers to Norton Lambrianos SA Inc., on behalf of our clients, unless specifically indicating reference to be made to our client(s) directly.
- Every clause of the agreement and rules is severable from the others. If one or more of the clauses is invalid it will not mean the rest of the agreement/rules are invalid. The rest of the agreement and rules will still apply.
- The headings in clauses in our agreement and rules are included for your reference only and must be not be used to interpret the agreement or rules.
- Unless it is clear from the context, in the rules and this agreement a reference to the singular includes the plural and vice versa.
- The words “including or include” must be read as “including, but not limited to”.
- For purposes of interpreting the agreement or any rules any reference to Norton Lambrianos SA Inc. includes its successors and assigns, and any of its officers, agents, staff and authorised representatives acting on its authority.
- Any and all terms & conditions we refer to are important and must be adhered to.
COMMENCEMENT OF AGREEMENT AND NECESSARY EQUIPMENT REQUIREMENTS:
- When you register to use any of the service channels.
- When you get access to be able to use any of the service channels or download any software that enables you to access the channels.
- When you actually use any of the service channels.
By registering you guarantee that the information provided (in the application and/or provided on our system) is correct;
You acknowledge and accept that any use of your Online Account is at your own risk. Without limiting the generality of the aforesaid, you acknowledge that neither Norton Lambrianos SA Inc. nor its clients will, under any circumstances, be liable to you for any loss or damages (including consequential, direct, indirect, special, punitive or incidental damages) arising from:
- any defect or fault in your hardware and/or software; or
- any failure or fault in connectivity to the Internet; or
- the unavailability of the website for any reason whatsoever; or
- any failure on the part of Norton Lambrianos SA Inc. to carry out instructions given online under circumstances where such failure is the result of a cause beyond Norton Lambrianos SA Inc.’s control.
To be able to access the service channels you must have the necessary hardware, software and access to third-party communication services. You will be responsible for paying the cost of this and the cost of any upgrades that you require. To access the service channel you need to have access to a computer that has an active account with an Internet Service Provider (ISP) and an Internet browser software program.
You are responsible for the equipment you use to access the service channels. Our offices have no control over the equipment, software or service providers. We are not responsible for any error or delay that may arise as a result and are also not responsible if you are unable to access the service channels because of your equipment, software or services provided to you by third parties.
Only use security software that is recommended by our offices or our client
RESPONSIBILITY FOR ACQUIRING THE NECESSARY EQUIPMENT AND SOFTWARE FOR USE OF THE SERVICE CHANNELS AS WELL AS PROTECT YOUR ACCESS INFORMATION
For your protection and to ensure that the service channel works correctly, you must comply with the user guidelines we put on the service channels from time to time.
For your security you will need to enter the correct access information (user-id and password) or take any other steps acceptable to us for us to verify your identity. This is known as “verification”. All electronic communications that are sent to us after you, your agent or a third party have met our verification requirements, during logon will be treated as valid and authentic.
These electronic communications will have the same legal effect as written and signed paper communications from you. To protect you, we can refuse to act on any instructions you send us or can cancel your access (temporarily or permanently) if you don’t meet the verification requirements. This includes where you enter the wrong access codes or login details.
You will keep your username and password confidential and shall not allow others access thereto or the use thereof.
By registering you accept that you will be responsible for all account activity conducted as a result of any access obtained through the use of your user-id and password, should you:
- share your access rights with any other person by disclosing or allowing others to gain knowledge of your user number and password; or
- leave your browser unattended while in an active browser session; or
- in any other manner conduct or access to your Online Account carelessly or negligently.
You acknowledge that your user-id is Norton Lambrianos SA Inc.’s property and may be revoked or suspended at Norton Lambrianos SA Inc.’s discretion;Should you become aware of any breach or attempted breach of Norton Lambrianos SA Inc.’s data security you will inform Norton Lambrianos SA Inc.’s management without delay and in writing.
Never give or show your access information to any person, including any person who is an employee of the bank or claiming to work for or represent us in any way. Never respond to requests to enter or “confirm” your access codes, sent to you via an email, SMS or instant message. This is known as “phishing” where the sender tries to trick you into giving them your confidential information by pretending a communication was sent from our offices. Neither Norton Lambrianos SA Inc. nor their clients will EVER request you to give your sensitive secret information, including access codes by email, SMS, instant message or even over the telephone.
Information that is sent over an unsecured link or communication system can be unlawfully monitored, intercepted, or accessed. While we take all reasonable steps to prevent this from happening, you need to understand that this risk exists.
At certain times, some or all of the service channels or services may not be available due to routine maintenance or emergency repairs or because of circumstances outside our control, such as electricity outages/blackouts, or the unavailability of any telecommunication system or networks. We will attempt to provide prior notice but cannot guarantee this.
Your personal information will at all times be treated as confidential and our offices will take all reasonable steps to protect your personal information. Your personal details will only be disclosed if:
- the law requires us to do so;
- it is in the public interest to do so;
- our interests require disclosure; or
- you have given us your consent.
- Get certain of your personal information from any other party (e.g. a credit bureau, our client or a government agency).
- Disclose some of your personal information to these parties to get the information we need. If we do this our offices will never disclose more information than we need to.
ACCEPTANCE OF ALL TRANSACTIONS DONE AFTER APPLICATION OF THE REQUIRED ACCESS CODES
Our offices will act on and accept all instructions or transactions (“transactions”) done after your correct access codes have been entered and you meet the verification requirements set by us. We will assume that all such transactions have been authorised by you, even if such transactions took place without your knowledge or consent or were not authorised by you.
Notify us immediately if you suspect or know that your access information has been lost, stolen or compromised. If there is a dispute about whether or when you told us to cancel your access code(s), it will be your responsibility to prove how and when you told us to cancel your access code(s). For this reason you must keep any reference numbers provided by our offices.
We reserve the right to block your access to the service channels at any time to maintain or restore security, if we reasonably believe that your access code(s) have been or may be obtained or are being used or may be used by an unauthorised person(s).
AUTHORISED USERS ACTING ON YOUR BEHALF (AS YOUR AGENT)
By allowing an authorised user to access your account using the service channel, you give that person the authority to act as your agent. Anything the authorised user does or doesn’t do will be attributed to you. Their actions or failure to act (omission) will be considered by us as your actions or failure to act (omission).
RIGHTS UNDER THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“ECT ACT”)
A consumer as defined in the ECT Act and the goods and services you are using are not excluded from protection, you may have certain rights as a consumer under Chapter VII of the ECT Act. A consumer is defined in the ECT Act as a natural person who enters or intends entering into an electronic transaction with a supplier as the end user of the goods or services offered by that supplier. For more information on these rights visit “Acts Online” or www.acts.co.za. For more information about this topic please contact our offices. Nothing in this agreement will be interpreted to deny consumers of any of the rights given to them under the ECT Act.
CERTAIN INFORMATION MAY BE DELAYED
Certain information, including your account balance information that is made available to you on the service channels may be delayed and may not show your recent transactions. You can confirm your account balance information by contacting our offices directly.
Norton Lambrianos SA Inc.’s and its client’s liability will be limited for loss caused by use of the service channels.
Norton Lambrianos SA Inc. as well as its clients undertakes to ensure to the best of its ability that the service channels are provided to you in a secure and reliable manner. Our offices will take reasonable care to prevent harm and loss to you. Although the Norton Lambrianos SA Inc. takes reasonable care to prevent harm or loss to you, we will not be liable for any kind of loss or damage you may suffer, including direct, indirect, special, incidental or consequential damages, because of your use of, or inability to use, the services. This will not apply where the loss/damage arose because of Norton Lambrianos SA Inc.’s negligence or intent. In addition to the above Norton Lambrianos SA Inc. is not liable for the following (except where such loss or damage is caused by Norton Lambrianos SA Inc.’ negligence or intent):
- any loss or damage, which you or any other party may suffer due to unauthorised interception and/or monitoring ;
- any loss or damage if you didn’t take reasonable steps to safeguard the account, the access codes and/or follow the steps recommended by Norton Lambrianos SA Inc. from time to time;
- late or delayed transactions;
- loss or damage arising from the unauthorised use of the service channel including where a user exceeds their authority;
- Norton Lambrianos SA Inc. is not responsible for any errors or delays in communication systems outside of its control.
Norton Lambrianos SA Inc. acts as an intermediary between you and our client, acquires information supplied and processes transactions in good faith.
Norton Lambrianos SA Inc. does not guarantee the correctness of information acquired or supplied and can in no way be held liable by you for any damages suffered when acting upon such information.
Any dispute arising, which includes, a dispute regarding:
- Any discount;
- Any refund or reversal due to a cardholder;
- Any overpayment;
- The value of any transaction;
Will be dealt with by Norton Lambrianos SA Inc. Neither our offices nor our client(s) will however in any way be held liable for any damages suffered pursuant to such dispute.
You are responsible for giving us correct and complete information and instructions when you transact, including the correct reference numbers on proof of payments.
If you are unsure if a transaction has been sent or received or processed you must contact our offices. You must not submit an instruction again as this can result in the same transaction being processed again. Should this happen you will be responsible for such duplicated transactions. Messages sent by us of an “automated nature” or messages that were sent using auto response software or programs must not be regarded as a response or confirmation.
CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEUR CLAUSE)
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
Any notice under this agreement shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
GOVERNING LAW AND JURISDICTION
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and you and Norton Lambrianos SA Inc. submit to the non-exclusive jurisdiction of the South African courts.
ADDRESS FOR NOTICES
Norton Lambrianos SA Inc. chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: BUILDING B, 168 GROSVENOR ROAD, BRYANSTON, 2021 and/or PO BOX 50815, RANDBURG, 2125 and/or DOCEX 436 JOHANNESBURG and/or firstname.lastname@example.org. (the sending of such copy being required in order for any notice to be validly delivered to Norton Lambrianos SA Inc.).
- You must tell us immediately if you are placed under an administration order, are sequestrated or placed under debt rescue.
- If your estate is provisionally or finally sequestrated or if you pass away, or become legally incompetent the full amount you owe us will be payable and access to the money in your account will be restricted.
- If we need to take legal action against you, one of our managers (who do not need to prove his appointment) will produce a certificate, which shows the amount you owe us. If you don’t agree with this certificate, you will have to prove that it is wrong.
- In the case of fraud, suspected fraud, or where the law forces us, our client can freeze or close your account or stop a service without notice to you.
- If there is a dispute about any matter or record, our records (certified as correct by any Norton Lambrianos SA Inc. manager whose authority need not be proved) will serve as prima facie proof. This means it will be treated as correct unless you can prove it is not.
- Unless we agree to this, you may not cede (transfer) or pledge (promise) any of your rights or delegate (transfer) any of your duties under your and our agreement.
- While we may give you extra time to comply with your obligations or decide not to exercise some of our rights, you must not assume that this means that our agreement with you has been changed or that it no longer applies to you. We can still insist on the strict application of any or all of our rights at a later stage.
- We may end this agreement at any time by giving you reasonable notice of this.
- We can change the terms and conditions that apply to you, the way you access your accounts, any services we provide. We can also add new rules, products or stop existing products at any time. We will only notify you of material changes and unless you cancel this agreement before the date on which the changes take effect, you will be bound to them.
- No changes to this agreement or any rules and no waiver (giving up) of any of our rights will be binding on us unless it is recorded in writing and signed or issued by our authorised representatives.
- In addition to this agreement, you will continue to be bound by any tacit (unspoken or implied) agreement between you and us about any account, the common law and by the present-day customs, procedures, practices and usage existing among bankers.
- Unless we say otherwise South African law will govern our relationship, the terms and conditions and rules without giving effect to any conflict of law provisions.