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TERMS AND CONDITIONS OF USE DISCLAIMER
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TERMS
AND CONDITIONS OF USE DISCLAIMER 1.
These Terms and Conditions ("the Terms and
Conditions") govern your use of this 2.
This Website and all the contents on the Website,
including any current or future offer of products or services,
are provided on an "as is" basis, and may include
inaccuracies or typographical errors.
VBS Mutual Bank shall not be held liable and/or
responsible for any direct or indirect special, consequential or
other damage of any kind whatsoever suffered or incurred,
related to the use of, or the inability to access or use the
Website or it's contents. 3.
VBS Mutual Bank reserves the right to change any of the
information regarding products and services on these pages
including terms and conditions, interest rates, charges or any
other matters without notice and such charges shall become
effective with immediate effect upon being posted. 4.
All rates quoted on these pages are guidelines only and
subject to final confirmation at the time of finalizing the
relevant transaction with VBS Mutual Bank. 5.
The terms and conditions pertaining to any products or
services appearing on these pages shall be governed and
interpreted in accordance with the laws of the Republic of South
Africa and application for any of the products or services
offered on these pages will constitute your consent and
submission to the jurisdiction of the South African Courts
regarding all proceedings, transactions, applications or the
like instituted by either party against the other, arising from
any of the terms and conditions pertaining to such products or
services. 6.
This Website is controlled, operated and administered
within the Republic of South Africa and no representation is
made that the contents hereof are appropriate, available for use
or legal in any other locations or countries. If you access this Website from a location outside of
South Africa, you are responsible for compliance with all your
local laws.
CLIENT COPY - TERMS AND CONDITIONS These
terms and conditions comprise the agreement between the Bank and
the Cardholder in connection with the Cardholder’s VBS Mutual
Bank Debit Card. 1.
Definitions 1.1
In these terms and conditions: 1.1.1
"Account"
means the bank account held with the Bank in the name of the
Cardholder. 1.1.2
"Bank"
means the VBS Mutual Bank and its Branch Offices. 1.1.3
"Card"
means a VBS Mutual Bank Debit Card, including any renewal or
replacement 1.1.4
"Cardholder"
means the person having power alone to operate the Account
in 1.1.5
"PIN"
means the personal identification number registered by the
Cardholder for use with 1.1.6
"Transaction"
means any cash withdrawal or payment made using the Card, or any
refund 1.1.7
"Working days"
means Monday to Saturday inclusive except public holidays. 1.2
In these terms and conditions references to the singular
include the plural and vice versa 2.
Card facilities 2.1
The Cardholder may use the Card in conjunction with the
PIN to withdraw money from VBS 2.2
The Cardholder may use the Card in conjunction with the
PIN to pay for goods and services 2.3
The Cardholder may use the Card
in conjunction with the PIN at
any Branch of the Bank to 2.4
In addition to the amount of all Transactions, certain
charges will be debited to the Account 2.5
The Card is only available to persons over the age of
eighteen years and who are of full 2.6
Cards will only be issued to persons under the age of
eighteen years when applications 3.
The Card 3.1
The Card belongs to the Bank and the Bank or any
authorised officer, servant, employee, 3.2
The Card will not become valid or operational until
the Cardholder acknowledges receipt of the Card, agrees to the
Terms and Conditions of the use of the Debit Card and has
registered a PIN with the Bank. 3.3
The Cardholder must take all reasonable precautions to
prevent unauthorised use of the Card, including, not allowing
anyone else to use the Card. 3.4
If the Card is lost or stolen the Cardholder or any
other person acting on behalf of the Cardholder shall
immediately notify the Bank by telephoning the relevant number(s)
from time to time notified to the Cardholder and the Cardholder
must, in addition, immediately notify relevant law enforcement
agencies. The
Cardholder must confirm the loss of the Card by notice in
writing to the Bank within seven days of having notified the
Bank by telephone. 3.5
The Cardholder must co-operate with any officers
servants, employees, associates or agents of the Bank and/or law
enforcement agencies in any efforts to recover the Card if it is
lost or stolen. The
Bank may disclose information about the Cardholder and the
Account if the Bank thinks it will help avoid or recover any
loss to the Cardholder or the Bank resulting from the loss,
theft, misuse or unauthorised use of the Card. 3.6
If the Card is found after the Bank has been given notice
of its loss or theft the Cardholder must not use it again. The
Card must be cut in half through the magnetic strip and returned
to the Bank immediately. 4. The PIN
The Cardholder
to note that a new card will be issued and the applicable fees
levied should the cardholder misplace / forget the PIN. 5.
Liability for unauthorised transactions 5.1
The Bank will be responsible for any money lost as a
result of use of the Card without the Cardholder’s
authorisation after it has been reported as lost or stolen to
the Bank and to the relevant law enforcement agencies that the
Card has been lost or stolen or that the PIN is known or
suspected of being known by someone else.
The Bank will credit the Account with any amount for
which the Bank is responsible including any related interest and
charges. 5.2
The Cardholder will be responsible for any losses
without limit, except losses for which the Bank will be
responsible pursuant to paragraph 5.1 above, incurred by the
Bank or any other person and including, without prejudice to the
generality of the foregoing, any losses incurred as a result of
the loss or theft of the Card or the use of the Card in a
fraudulent or negligent manner or otherwise contrary to the
provisions of these terms and conditions. 5.3
If the PIN is held with the Card and subsequently lost
or stolen, the cardholder will be liable for all PIN related
Transactions. If
the Cardholder discloses the PIN then the Cardholder will be
liable for all subsequent PIN related transactions. 6.
Charges 6.1
The Bank shall charge a fee to the Cardholder in respect
of each transaction concluded at an Automated Teller Machine, in
accordance with the Bank’s schedule of fees from time to time
in force. 6.2
The Bank shall charge a fee to the Cardholder in respect
of each transaction concluded at a Point of Sale device, in
accordance with the Bank’s schedule of fees from time to time
in force. 6.3
The Bank shall charge a monthly fee to each Cardholder in
accordance with the Bank’s schedule of fees from time to time
in force. 6.4
In addition the Bank shall charge other applicable fees,
in accordance with the Bank’s schedule of fees from time to
time in force. These fees may include, but are not limited to,
primary card issue fees, lost card replacement fees,
insufficient funds, RD cheque reversals, statement fees etc. 7.
General 7.1
The total value of all Transactions carried out in any
one day shall be limited to such amounts as determined by the
Bank or agreed with the Cardholder from time to time. 7.2
The Bank will issue a Card only if the Cardholder has
completed an application form and it has been accepted by the
Bank, or if the Bank at its discretion is replacing or renewing
a Card. 7.3
The Cardholder is not authorised to enter into
Transactions using the Card to a value in excess of the credit
balance of the Account. 7.4
In the event that there are insufficient available funds
in the Account to pay any Transaction or other amount payable
from the Account, including any interest, fees, charges or other
payments due to the Bank, the Bank may in its own absolute
discretion (and without any obligation to do so) transfer or
arrange the transfer of sufficient funds from any other account
held by the Cardholder with the Bank to the Account. 7.5
The Cardholder may use the Card to obtain the services
described in these terms and conditions and such other services
as the Bank may provide from time to time. All such services will be subject to these terms and
conditions. 7.6
The Card may not be used by any person other than the
Cardholder. 7.7
The Bank shall not be liable for any loss resulting
from the refusal of any retailer, supplier, other bank or card
operated machine to accept use of the Card in connection with
any Transaction. No
claims of the Cardholder against any retailer or supplier may be
the subject of set-off, claim or counterclaim against the Bank. 7.8
The Cardholder shall notify the Bank if: 7.8.1
an entry appears on the statement of the Account which is
believed to be incorrect as soon as possible but in any event
within twenty-five days of the date of such statement; and 7.8.2
the Cardholder’s address is changed. 7.9
A Transaction cannot be cancelled by the Cardholder after
it has been completed. 7.10
Subject to paragraph 7.4 hereof the Bank will normally
debit the amount of any Transaction to the Account as soon as
the Bank receives proper instructions in connection therewith,
provided that the Bank will not be liable for any loss resulting
from any delay in doing so. 7.11
If a retailer or supplier makes a refund by means of a
Transaction the Bank will credit the Account when it receives
the retailer or supplier’s proper instructions and the funds
in respect of such refund, provided that the Bank will not be
responsible for any loss resulting from any delay in receiving
such instructions and funds. 7.12
The card may not be used as payment for an illegal
purchase. 8.
Termination 8.1
The Bank may terminate the agreement comprised in these
terms and conditions by notifying the Cardholder in writing to
that effect at any time. The
Cardholder may terminate the agreement comprised in these terms
and conditions by notifying the Bank in writing, cutting the
card in half through the magnetic strip and returning the Card
to the Bank. Such termination shall be effective, subject to the provisions
of the following paragraphs of this clause, upon receipt by the
other party of such notice. 8.2
The agreement comprised in these terms and conditions,
shall be deemed to remain in full force and effect if and in so
far as any Transaction is completed but not debited to the
Account prior to termination thereof. 8.3
Termination of the agreement comprised in these terms and
conditions shall not prejudice any liability in respect of
things done or omitted to be done prior to termination thereof. 9.
Miscellaneous 9.1
The Bank shall not be liable to the Cardholder for any
loss suffered as a result of the Bank being prevented from or
delayed in providing any banking or other services to the
Cardholder due to strikes, industrial action, failure of power
supplies, systems or equipment or causes beyond the Bank’s
control. 9.2
These terms and conditions and the banking practices and
charges relating thereto may be changed by the Bank at any time
by notice thereof to the Cardholder. Any such changes will be effective from the date of the notice
or such later date as may be specified therein. 9.3 In addition to the authorisation contained in paragraph 3.5 hereof, the Cardholder authorises the disclosure to any third party processors and/or card personalisation firms utilised by the Bank from time to time in any jurisdiction, such information in relation to the Cardholder, the Card, the Account and any Transaction as the Bank considers in its sole opinion to be necessary or desirable. The Bank may also disclose such information in relation to the Cardholder, the Card, the Account or any Transaction as may be required by law. |
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