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Acceptance

TBN Online Banking is brought to you by Trustco Bank Namibia Limited (“us”, “we”, “the Bank”), an authorised Financial Services Provider.

These terms and conditions as amended from time to time (“the Terms”) govern our respective rights and obligations when you us TBN Online Banking and come into effect when you register for TBN Online Banking, whichever occurs first.

By making use of TBN Online Banking, you acknowledge that: you have read, understood and agree to our most recent version of the Terms and; that you have read, understood and agree to our Privacy Policy (found on our website) and; consent to our collection, processing, storage and sharing certain of your personal information within the Bank in the ordinary course of our business of providing the TBN Online Banking Services to you.

No term or provision contained in these Terms is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with us on this website.

Product Agreements

All products and services provided by the Bank are subject to their own terms and conditions (“product agreements”) such as your ATM card, credit and debit card terms and conditions (“bank card terms”) as well as account or facility terms and conditions (“other terms”) and your use of those products and services will also be subject to those additional bank card terms and other terms.

These Terms (governing the use of TBN Online Banking) must be read together with and form part of each product agreement. In the event of conflict between these Terms and the bank card terms or other terms, the provisions of the bank card terms or other terms will prevail to the extent of the conflict.

Amendments to these Terms

We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) these Terms at any time and from time to time.

For convenience only, the date on which these Terms were last amended is shown below the main heading of these Terms.

Access Codes

For security, identification and verification purposes, when using TBN Online Banking, you will make use of a variety of access codes for different purposes, such as your access number, Personal Identification Number (“PIN”), card number, account number, User ID, Password and OTP (One Time PIN). These are all called your “access codes”.

Your Instructions

Because we communicate through the Internet, you agree that we are entitled to assume that you have authorised all transactions once your access codes have been entered. This will not apply once we receive notification from you to disable access to your accounts as a result of your access codes having been compromised, misplaced, lost or stolen and you have a reference number as verification of such notification. Our records of your transactions will be proof of any instruction you have given us, unless you can prove the contrary.

You are responsible for providing correct information and instructions when registering for TBN Online Banking and when conducting transactions on the website.

We do provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction, before finally submitting any transaction. We will try to assist if you make a mistake when giving us an instruction, but we will not be responsible for any loss or damage caused by your error. We will also not be held liable for payments made by you to unintended recipients due to the input of incorrect information, nor are we responsible for the verification of the identity of recipients. We cannot reverse or duplicate erroneous payments you make to other accounts without the specific consent of the account holder. We will not be liable for any act or omission on the part of any institution where such other account is held.

You hereby acknowledge that certain transactions once performed, may not be reversed or terminated, such as the purchase of pre-paid products made available via the TBN Online Banking platform.

Unless otherwise stated in a product agreement, all transactions will be subject to the same turnaround times that apply to the same transactions, accounts and customer profile, if any, if done at a TBN branch.

An instruction will only be deemed to have been received by us once we have confirmed receipt, or responded thereto, whichever is the earlier. If you are unsure as to whether a transaction has been processed you should contact us before you re-submit the instruction. Re-submitting an instruction may cause us to process the same transaction twice, for which we will not be liable.

Ending a Session

You must log off the website once you have finished using TBN Online Banking. If you fail to do so, unauthorised transactions may be conducted, for which we will not be held liable.

Monitoring of Communications

You expressly give your consent for us to monitor your internet and email traffic on our website. You acknowledge that we monitor internet and e-mail traffic on the website primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of these Terms and:

To maintain the integrity and security of our website and information technology systems;

To investigate and detect any unauthorised use of our website and information technology systems; and

As an inherent part of and to secure the effective operation of our website and information technology systems.

No Warranties

To the fullest extent permissible by law, no warranties, whether express or implied, are made of any kind in respect of TBN Online Banking including in respect of the performance, quality, security, content, information, availability, accuracy, safety or reliability of TBN Online Banking.

Limitation of Liability

Although we have taken reasonable care to prevent harm or loss to you, you agree that we and our affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) are not liable for any direct, indirect, special, incidental or consequential damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising as a result of your use of or inability to use TBN Online Banking unless such loss or damage arises from our gross negligence or willful intent.

You furthermore indemnify us against any damage, damages, liability, or claims demand by third parties or loss suffered by us arising from your use of TBN Online Banking or your breach of these Terms.

Using Content from our Website

The content on TBN Online Banking, including all registered and unregistered trademarks, constitutes our intellectual property rights. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written permission and nothing contained on this website should be construed as granting any license or right of use of any intellectual property.

You may not establish a hyperlink, frame or similar reference, whether electronically or otherwise (“linking”) to this website or any other subsidiary pages without our prior written consent, which consent is at our sole discretion.

Address for Legal Notices

All legal notices relating to products must be delivered as provided for in the product agreements. Where such address is not specified, such notices must be sent to our Registered Address. We may send you legal notices to any of the addresses you have specified on any of your application/registration forms with us or at the address, you actually work or live.

The Law Governing our Relationship

We both agree that these Terms shall be governed by and construed and interpreted in accordance with the laws of Namibia notwithstanding the fact that an instruction may have emanated from outside Namibia. Accessing TBN Online Banking from another country may be an offence in that country. You agree that use of TBN Online Banking outside Namibia will be at your own risk.

Full legal age

In using the website and TBN Online Banking, you represent and warrant that you are of full legal age, are emancipated or have your guardian’s consent and assistance and have the required legal capacity to enter into and be bound by these Terms or any other product agreement regarding your use of the website and TBN Online Banking.

General

The headings appearing in these Terms are inserted for convenience only and will not be taken into account when interpreting these Terms.

Where dates and times need to be calculated in terms of these Terms, the international standard time (GMT) plus 2 (two) hours will be used.

The ‘cooling-off’ rights, as set out in section 44 of the Electronic Communications and Transactions Act 2002, do not apply to any financial services or transactions conducted by way of TBN Online Banking.
The indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms, or failure or delay on our part to exercise any of our rights will not operate as an estoppel against us nor shall it constitute a waiver by use of such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.

Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and severed from these Terms, without invalidating the remaining provisions of these Terms.

You are responsible for maintaining the confidentiality and secrecy of your access codes secret. Only you may use your access codes. Do not keep your access codes together with other TBN Online Banking documents.

If you call the TBN Online Banking helpline, we may, for the purposes of identification and verification, request certain information such as your account or card number. However, there will never be a reason for the TBN Online Banking helpline or any of our staff, to request or know your Password or PIN.

If you believe your access codes have been compromised, you must immediately contact the TBN Online Banking helpline on (264) 61  434 8000 and request that they deactivate your access codes, alternatively you can reset your access codes on the website with your User ID and OTP. You must keep any reference number given to you by the TBN Online Banking helpline as verification of your notification to us of any such compromise.

Until you notify us to deactivate your access codes we will not be responsible or held liable for any transactions that are performed without your knowledge or consent and you hereby indemnify us from any loss and damages you suffer as a result.

Fraudulent Activities

We are committed to ensuring the security of your use of TBN Online Banking and are entitled to investigate any loss suffered by you, which is alleged to have occurred as a result of fraud via the website.

Where you have been a victim of an TBN Online Banking fraud (including Phishing), you must inform us immediately as soon as you become aware that a suspicious transaction has occurred on your accounts and open a case at the nearest Namibian Police Station. You will also be required to co-operate with us and the Namibian Police Station in any investigation conducted into losses that you suffered as a result of such TBN Online Banking fraud. Only if you have complied with the safety measures described in our Security Centre (found on our website), we will reimburse you after conclusion of the investigation for any actual losses suffered due to such TBN Online Banking fraud. You will not be reimbursed if the fraud was committed due to your own negligence.

Registration to Online Banking

Before you can use TBN Online Banking, you must acquire a TBN transactional bank account. Once your account has been activated, visit the homepage of the website, click on the “Register” button and proceed to register for TBN Online Banking. You will not be able to transact until such time as your details have been validated by the Bank. For more information visit our website or call the TBN Online Banking helpline on (264) 61 434 8000.

Fees

The use of TBN Online Banking is free of charge. You may, however, be required to pay transaction fees and charges based on the type of transactions you perform. You hereby authorise us to charge such fees and charges to you by way of your chosen bank account. Our current Fees & Charges are displayed on our website.

Ending your use of Online Banking

We may end your use of and access to TBN Online Banking at any time, for any reason whatsoever, on reasonable notice to you. Instructions given to us and not yet carried out prior to such termination will not be affected by such termination.

We will however, terminate your use of and access to and/or prohibit your future access to use of TBN Online Banking immediately, and without any notice to you if:
We determine in the exercise of our discretion that your behaviour was inappropriate, illegal or constituted misconduct where you breach these Terms;

A fraudulent transaction is conducted (or attempted) directly or indirectly by you.

In the event of us terminating your access to TBN Online Banking, we will not be liable for any losses or damages, of any nature, suffered by you or a third party. Our rights in this regard are expressly reserved.

You may terminate your use of TBN Online Banking by contacting the TBN Online Banking helpline on (264) 61 434 8000.

Privacy

We respect your privacy and your personal information. For this reason, we have a Privacy Policy (the terms of which are incorporated into these Terms) to let you know how we will treat any personal information that we collect, collate, process, disclose or store have about you. We will take all reasonable measures, in accordance with our Privacy Policy, to protect your personal information and to keep it confidential, even when you are no longer our customer.

If you call our helpline, you permit and hereby consent to us to recording your calls for security reasons, and for the purposes of customer care.

Security

Information that is transmitted over the Internet or via other networks (wireless or otherwise) may be subject to interception. While we will take all reasonable precautions to ensure that TBN Online Banking is secure, we shall not be liable for any loss or damage you suffer as a result of your use of TBN Online Banking.

You acknowledge that you have read and understood the security tips in the Security Centre, which we publish on the website, and that you shall take the necessary precautions mentioned therein. If you want to prevent others from reading email we send you, you must set up your own password protection on your system at home or work. Please visit our Security Centre (found on our website: http://www.tbn.na/) for more information.

Notices, Confirmation and Statements

You agree that our publishing a notice on our website or sending you a notice once you log into TBN Online Banking, email, SMS or post will constitute sufficient notice to you.

Should you fail to raise an objection with us within 5 (five) hours after we send you a notice (including by SMS) confirming a transaction or the changing of any setting on your accounts, you will be deemed to have accepted the transactions or new setting as being valid and binding in all respects.

Availability of Online Banking

TBN Online Banking may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks. For the duration of such unavailability, you must use our other available banking channels.

Definition of Business Hours

Whenever a reference is made to a payment or transfer being processed during business hours, the following applies:

Business Hours (Weekdays): 08h30 - 15h30

Business Hours (Saturdays): 08h30 - 12h00

After Hours: All other times

For clients operating from outside of the Namibian borders – only the above times apply.

Modification, Suspension or Termination of Online Banking

We may discontinue providing TBN Online Banking or any of the products or services offered via the website at any time at our sole discretion. We will however, notify you of this within a reasonable time of these changes being made.

Code of Banking Practice

We subscribe to the Code of Banking Practice (COBP), which will apply, to our relationship with our customers who fall within the ambit of the Code. Read more about the COBP in the Security Centre on our website.

Submitting a complaint to us

If you wish to lodge a complaint, please notify us in writing of this by completing our Feedback form found on our website.

We will provide you with a reference number as soon as possible after we receive your Feedback Form.

We will respond to your complaint as soon as possible. If you do not hear from us within 5 (five) working days from sending your complaint we request that you contact us at (264) 61 434 8000 to check whether your complaint has been received. Please quote your reference number when you contact us directly.

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