1. TERMS/SCOPE 

The information contained herein together with any further instructions and conditions that may be prescribed by the Nedbank Limited hereafter called "the Bank" from time to time shall constitute the terms of the agreement between the customer and the Bank. When this application form bas been signed, it will be deemed to have been accepted as binding on the customer and the Bank representative office or affiliate where the account is held. These conditions apply to each account opened under the Account Opening Form or in any other acceptable manner. 

2. THE ACCOUNT 

The Customer shall assume full responsibility for the genuineness, correctness and validity of all endorsements appearing on all cheques, orders, bills, notes, negotiable instruments, receipts or other instructions deposited into the account. The Bank will not be responsible for any loss of funds deposited with it arising from any future Government order, law, levy, tax, embargo, moratorium, exchange restriction or any other cause beyond its control. Your account shall be debited for any service charge that is set by the Bank from time to time. All notices or letters will be sent to the physical, postal or electronic address supplied by you and will be considered duly delivered and received at that time it is delivered or seven days after posting. 

The Bank will not be liable for funds handed over to members of its staff other than the Tellers in the Bank's premises with the appropriate deposit slip. Any anormaly in the entries on your Bank statements must be brought to the attention of the Bank within 30 days of the date thereof an you agree that failure to give such notice absolves the bank from all liabilities arising there from. The Bank may exercise its general lien or any similar right it is entitled to including the right to combine and consolidate all or any of the Customer's accounts with the Bank and the right to set off or transfer any sum or sums standing to the credit of anyone or more of such accounts against liabilities in any other account. 

3. DISCLOSURE

The applicant agrees and authorises the Bank or approved credit reference bureau to: a) make enquiries from any bank, financial institution or approved credit reference bureau, subject to the rules of the Bank as governs deposits and withdrawals in Zimbabwe, to confirm any information provided by the applicant b) Seek information from any bank, financial institution or approved credit reference bureau when assessing the Customer at any time during the existence of the applicant's account c) Disclose to financial clearing bureau, an approved credit reference bureau, law enforcement agents and government entities, information relating to the applicant's account maintained at the bank. 

4. INSTRUCTIONS

The bank may rely on, the authority of each person designated (in a form acceptable to the bank) by the customer to send instructions or do any other thing until the bank has received a written notice or other notice acceptable to it of any change from a duly authorised person and the bank has had a reasonable time to act (after which time it may rely on the change). Each of the customer and the bank will comply with certain agreed security procedures designed to verify the origination of instructions between them such as inquiries, advices and instructions. 

The bank is not obliged to do anything other than what is contained in the procedures to establish the authority or identity of the person sending an instruction. The Bank is not responsible for any errors or omissions made by the customer of the duplication of any instruction by the customer and may act on any instruction by reference to an account number only, even if an account name is provided. The bank may act on an instruction if ii reasonably believes ii contains sufficient information. The bank may decide not to act on an instruction where it reasonably doubts its content, authorization, origination or compliance with the procedures and will promptly notify the customer (by telephone if appropriate) of its decision. If the customer informs the bank that it wishes to recall, cancel or amend an instruction, the bank will use its reasonable efforts to comply. If the bank acts on an instruction sent by any means requiring manual intervention (such as telephone, telex, electronic mail, or disks sent by messenger) then, if the bank complies with the procedures, the customer will be responsible for any loss the bank may incur in connection with the instruction.

5. FORCE MAJEURE 

Neither the customer nor the bank will be responsible for any failure to perform any of their obligations with respect to any account if any such a performance would result in it being in breach of any law, regulation or other requirement of any government or other authority in accordance with which it is required to act or if its performance is prevented, hindered, delayed by a Force Majeure Event; in such cases its obligations will be suspended, for as long as the Force Majeure Event continues (and in the case of the Bank, no other representative office or affiliate shall become liable) "Force Majeure Event means any event due to any cause beyond the reasonable control of the relevant party, such as restrictions on convertibility or transferability, requisition, involuntary transfers, unavailability of any system sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government, or any other cause beyond its control. 

6. JURISDICTION 

In relation to any account, these conditions are governed by the laws of Zimbabwe. 

7. SHARING INFORMATION

The Bank will treat information relating to the Customer as confidential. but the Customer consents to the transfer and disclosure by the Bank of any information relating to the Customer to and between the representative offices, affiliates and agents of the Bank and third parties selected by any of them, whenever situated, for confidential use (including in connection with the provision of any service and for data processing, statics and risk analysis purposes) The Bank and any representative office, affiliate, agent or third party may transfer and disclose any such information as required by any law, court, regulator or legal process. 

8. ELECTRONIC MONITORING OR RECORDING 

The Customer and the Bank consent to telephone or electronic monitoring or recording for security and quality of service purposes and agree that either may produce telephone recording, computer records or CCTV footage as evidence in any proceedings brought in connection with these conditions. 

9. CHANGE OF MANDATE 

The Customer must notify the Bank immediately of any change in the address, directors, committee members, trustees, designated members, secretaries, signatories, etc. Any modification or change in authorized signatories must be signed in accordance with the existing mandate and accompanied by a resolution to that effect. 

10. TERMINATION

Either party may terminate this agreement at any time (but subject to any legal requirements as to notice) by notifying the other in writing. The bank will auto-close accounts that remain inactive/ dormant for more than 365 days. Credit balances from such accounts will be handled in terms of the Administration of Estates Act Chapter 6:01. On closure of an account, the termination becomes effective after any cheque drawn on the account or outstanding on it have been paid, all debit cards and Internet banking tokens issued to you have been sent back to the Bank; and all information and equipment supplied by the Bank have been returned to the Bank. Where the Bank is terminating the agreement and your account is overdrawn, you must pay all sums outstanding on the account otherwise the Bank may take appropriate legal action for recovery. 

11. INTEREST, FEES AND OTHER CHARGES 

You will be liable for the payment of interest charges at the rate fixed by the bank from time to time for any outstanding debit on your account. Your account may be debited with the bank's usual bank charges, interest, commission etc. Unless otherwise agreed, the bank may modify at any time the rate of interest , fees; or other amounts applicable to any account or service (but subject to any legal requirement as to notice) 

12. SANCTIONED TRANSACTIONS ANTI-MONEY LAUNDERING/COUNTER 

TERRORISM FINANCING/EXCHANGE CONTROL Sanctions means trade, economic or financial sanctions, laws, regulations, embargoes or restrictive measures imposed, administered or enforced from time to time by any Sanctions Authority.  
Sanctions Authority means any of: the 
United Nations; 

the European Union; 

the Council of Europe (founded under the Treaty of London, 1946); 

the government of the United States of America, and any of their governmental authorities, including, without limitation, the Office of Foreign Assets Control for the US Department of Treasury (OFAC), the US Department of Commerce, the US State Department or the US Department of the Treasury and Her Majesty's Treasury (HMT). 
Sanctioned Entity means: 

a person, country or territory which is listed on a Sanctions List or is subject to Sanctions; a person which is ordinarily resident in a country or territory which is listed on a Sanctions List or is subject to Sanctions. 

Sanctions List means: 

the Specially Designated Nationals and Blocked Persons List maintained by OFAC; 

the Consolidated List of Financial Sanctions Targets and the Investments Ban List maintained by HMT, and any similar list maintained, or a public announcement of a Sanctions designation made, by any Sanctions Authority, in each case as amended, supplemented or substituted from time to time.  Sanctioned Transaction means the use of the proceeds of the Stock Finance Facility for the purpose of financing or providing any credit, directly or indirectly, to:  a Sanctioned Entity; or any other person or entity, if the Borrower has actual knowledge that the person or entity proposes to use the proceeds of the financing or credit for the purpose of financing or providing any credit, directly or indirectly, to a Sanctioned Entity, in each case to the extent that to do so is prohibited by, or would cause any breach of, Sanctions if conducted by a person subject to the authority of any Sanctions Authority. 

The Bank reserves the right to limit access to any of its products including but not limited to Mobile Banking Platforms, Bill payment facilities which include Digital Satelite Television account facilities, Master Travel Card and any other product that may be deemed to allow a sanctioned entity or individual access to platforms that they would ordinarily not have access to by virtue of their sanctioned status. The Bank reserves the right to stop without any notice, access to any of its banking products and services as soon as it becomes aware of such an individual's sanctioned status, breach of any law, regulation or other requirement of any government or other authority in 13. Nedbank Zimbabwe recognises the Foreign Account Tax Compliance Act ('FATCA') and if applicable to you Nedbank Zimbabwe will ensure that compliance has been met. You must acquaint yourself with any specific terms and conditions of use that may exist in relation to any of the services and will be bound by such terms as though they formed part of this document This agreement will be interpreted in accordance with and governed by the laws of Zimbabwe, notwithstanding that any instruction emanated from outside the borders of Zimbabwe. 

13. DISCLAIMER CLAUSE

The Bank disclaims liability for any such funds/ assets deposited by you which are subsequently found to have been derived from illegal sources or activities. You confirm that the funds/ assets deposited are not derived from any illegal source or activities. 

14. DISPUTE RESOLUTION 

Should any dispute arise at any time between us and you relating to any matter arising out of any use of the services, such dispute will be finally resolved by means of arbitration and by an arbitrator appointed by the parties jointly, or if no consensus can be reached on the identity of the arbitrator within seven business days after arbitration has been demanded, by an arbitrator appointed by the President of the Law Society of Zimbabwe. You agree that, in pursuance hereof, either you or us may demand that a dispute be referred to arbitration by giving written notice to that effect to the other party. This clause does not preclude either party from obtaining urgent interim relief from a court with competent jurisdiction pending the decision of the arbitrator, nor does it preclude us, at our sole discretion, from instituting legal action in a court of competent jurisdiction. If we have to institute action against you for recovery of any debt or damages arising out of the operation of the services, you agree to pay all costs on the scale as between an attorney and own client (including collection commission and any other sundry charges). The arbitration referred to herein will be held at Harare in the English language and will be held immediately with a view to be completed within 21 days after it is demanded. You irrevocably agree that the decision of the arbitrator in the arbitration proceedings: 

a) will be final and binding on you; 

b )will be carried into effect; and 

c)may be made an order of court of competent jurisdiction. 

d)The arbitrator will decide the matter submitted to him according to the applicable laws of Zimbabwe and the arbitrator may determine any aspect relating to the costs of the arbitration. 

e )This clause is severable from the rest of the terms and conditions and will remain valid and binding on you notwithstanding any cancellation of your electronic banking services with us or any discontinuation by us of any or all of the services. 

15. DOMICILIUM AND NOTICES 

15.1 You choose as your domicilium citandi et executandi for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of this agreement, the address given in the application form. 
15.2 Our address for the purposes hereof is: Physical: 14th Floor, Old Mutual Centre, Cnr Jason Moyo & 3rd Street, Harare, Zimbabwe Postal: PO Box 3200, Harare Attention: Head: Governance and Compliance 
15.3 Any party may change its domicilium to any other physical address or fax number by written notice to the other party to that effect. Such change of address will be effective seven days after receipt of notice of the change of domicilium. 
15.4 All notices to be given in terms of this agreement will: 
15.4.1 be given in writing; 
15.4.2 be delivered or sent by prepaid registered post;
15.4.3 if delivered, be presumed to have been received on the date of delivery; 
15.4.4 if sent by registered post, be presumed to have been received on the 10th business day following the date of posting, unless the contrary is proved. 
15.5 Notwithstanding the above, any notice actually received by the party to whom the notice is addressed will be deemed to have been properly given and received, not with standing that such notice has not been given in accordance with the provisions of this clause. 

16. SUSPENSION OF ACCOUNT 

If your account remains inactive or dormant for such period as we may determine, we reserve the right to impose such conditions in relation to the further operation of the account as we may determine at our sole and absolute discretion. 

17. WITHHOLDING TAX 

Amounts in your account (including any interest earned for a product) may be subject to withholding tax in accordance with the applicable laws if you have not submitted - a tax clearance certificate for the relevant period. 

18. BLOCKING ACCOUNTS/WITHHOLDING OF FUNDS 

We may, without prior notice to you, block any account (and later remove the block) at any time and/or withhold amounts in any account at any time, if required to do so by any relevant authority, law or pursuant to any agreements with any regulator or other authority, or in order to comply with our internal policies and/or any applicable order or sanction of an authority. 

19. CREDIT BUREAU 

You consent to our periodically checking and reporting your credit status with any registered credit bureau or credit reference agency. By doing so you consent to our disclosing such information as may be necessary or required to check and/or report your credit status in terms of the applicable laws. 

20. CONFIDENTIALITY 

You consent to our disclosing confidential information about you to other divisions/associated companies within our group. You acknowledge that such consent amounts to a waiver, in our favour, of the client-banker confidentiality principle. 

21. RIGHT OF SETOFF 

We will retain all our common-law, equitable and statutory rights of setoff. These rights will include, but are not limited to, our option to withhold, without notice to you, and to set off any moneys due to you by us, whether under this agreement or otherwise, up to an amount due and owing to us with regard to this agreement, any other agreement with us, including any agreement for a term commencing prior to the term of this agreement, plus any amounts due and owing to us for any other reason, whether such liability is liquidated or unliquidateed, present or future, or accrued or contingent. We will exercise our setoff rights in accordance with normal banking practices. 

TERMS AND CONDITIONS FOR NEDBANK DEBIT CARD USAGE 

22. DEBIT CARD USAGE 

a)The issue of any debit card shall be subject to the rules of the Bank as governs deposits and withdrawals. 

b) Every debit card shall remain the property of the Bank and shall be returned to the Bank immediately in the event of cancellation. 

c) Unless otherwise proved on a balance of probabilities, any disclosure or discovery of the debit card holder's PIN shall be deemed to have been, voluntarily made or made with the consent of the cardholder and the onus of proof to the contrary shall be on the cardholder. 

d) The Personal Identification Number (PIN) issued to the cardholder for use with the debit card services and any numberls substituted by the cardholder for that purpose are strictly confidential. PINIS should not be disclosed to any third party under any circumstances or by any means whether voluntary or otherwise. The Cardholder should not keep any written record of any PIN in any place or manner, which may enable a third party to use the Debit card. 

e) The loss, theft or occurrence of unauthorised transactions of the Debit Card should be reported to the Bank immediately by calling the Bank's 2417 Customer Care Centre on toll free number +263242-254800 and confirmed in writing as soon as possible. The cardholder will be responsible for all transactions effected by use of Debit Card until such notification. 

f) Transactions which are made before our receipt of your notice or request to block the Debit Card shall be considered as legitimate and completed transactions notwithstanding the payment of those transactions are not debited to the Account at such time. We assume no responsibility for any transactions made prior to its receipt of a notice or valid data message in relation to such transactions. 

g) The cardholder shall at all times ensure that the Debit Card is kept at a safe place and shall under no circumstances whatsoever allow the Debit Card to be used by another individual. The Debit card shall remain the property of the of the Bank at all times. The Debit Cardholder shall not transfer or otherwise part with the control, custody or possession of the Debit Card. The Bank may at reasonable discretion request for the Debit card to be returned at any time whereupon the Debit Cardholder shall return the card immediately to the Bank. 

h) The Bank shall not in any way be responsible for merchandise, merchandise warranty or services purchased or availed of by the Debit Cardholder from Merchant Establishments, including on account of delay in delivery, on delivery, on- receipt of goods or receipt of defective goods. The Card is purely a facility to the cardholder to purchase goods and/or avail of services, the Bank holds out no warranty or makes no representation about quality, delivery or otherwise of the merchandise. Any dispute or claim regarding the merchandise must be resolved by the cardholder with the Merchant Establishment. The existence of the claim or dispute shall not relieve the Cardholder of his/her obligation to pay all charges due to the Bank and the Debit Cardholder agrees to pay promptly such charges. The Debit Cardholder shall be responsible for regularly viewing these terms and conditions including amendments thereto as may be advised from time to time and shall be deemed to have accepted any amended Terms and Conditions by continuing to use the Debit Card. 

23. CARDHOLDER LIABILITY

The Bank shall be entitled to automatically debit any account maintained by the Card holder in respect of all transactions initiated or effected by the Cardholder or any authorized persons. 

24. JOINT ACCOUNTS 

Where an account is held in the name of more than one person, separate cards shall be issued on the account and both cardholders shall be subject to the terms and conditions of use with the capacity to deal with the account as if it were his or her own. Each cardholder shall be jointly and severally liable for the payment of all indebtedness arising from the use of the card, as if such account were his or her own. Indemnity The Bank shall not be held liable for any loss or damage, direct or indirect, actual or contingent, arising out of the failure or malfunction of any machine, including any ATM, MFT, LFT, or EFT- POS Terminal, whether or not such machine was on-line or offline. Neither shall it be held liable for the failure or malfunction, loss or destruction of any data recorded or retained by means of computer, any delay in effecting any transaction initiated by means of card, the failure is communicated by the Bank to the cardholder. The Bank shall not be liable for the reliance by the Cardholder or any other person on inaccurate information obtained by means of a card, industrial action by any of the Bank employees, any loss or damage arising byway of vis major, Act of God or any other cause not wholly under the direct control of the Bank. 

25. INTERNET BANKING

These terms and conditions govern the relationship between you and the bank in respect of the internet banking services. Should there, however, be a conflict between the provisions hereof and the provisions of any agreement relating to a specific service used by you, then the provisions of that agreement, only insofar as they conflict with the provisions hereof, will take precedence. We may affect electronic funds transfers in respect of the accounts of which the numbers are provided in a payment instruction. You acknowledge that we will not be obliged to verify the destination account numbers, parties' names or the amounts involved in any instruction, and if there is a discrepancy between the destination account number and the name of the party concerned, the destination account number will prevail. Notwithstanding the aforegoing terms and conditions, you acknowledge and accept that we may from time to time amend such terms and conditions insofar as they relate to your use of the services. In pursuance of the aforegoing you confirm that: you are aware that all such changes will be reflected in the terms and conditions published on our internet site; and by entering your confidential information to gain access to the services, you are bound by the the terms and conditions in force at that point in time as they may appear on our internet site.

In this agreement, unless expressly indicated otherwise:

• the singular will include the plural and vice versa;
• natural persons will include created entities. whether incorporated or not; and 
• one gender includes the others.

Should you wish to make use of any service where a password/PIN is required, we willallocate you one in respect of your profile number. You agree to comply with all the terms andconditions in force from time to time and applicable to our services when entering your profilenumber and password/PIN to gain access to any of the services or profiles.

You must provide and maintain hardware and all consumable material required for the use ofthe services unless such hardware and consumable material form part of our systems. We make no representations as to the suitability of any of your hardware, software or consumable material for the use of the services.

You agree to make use of the services available to you after we have approved andprovided the device to you in accordance with these terms and conditions.

You acknowledge that you are aware that the rendering of the services is subject tovarious acts and other legislation and you undertake to comply with all applicable legislationat all times.

You acknowledge that your use of the services will not vary any aspect of our relationship with you and both parties agree in particular that:

• the use of any service will be subject to the completion and signature by your duly authorised signatory/signatories of the electronic banking application form and any other documentation or agreement required by us from time to time and the delivery thereof to a branch or electronic banking centre of the bank;
• You must settle any payment obligations to the bank in accordance with the instructions issued to the bank through the service and this will not in any way entitle you to overdraw any account, unless prior arrangements have been made with us and then only in terms of such arrangements; and
• The limits allocated to any of your accounts will not be exceeded.
  You must inform us of any change in the information provided to us in the application form and confirm that you will have no claims against us if any information is incorrect
  
  

You must:

• Acquaint yourself with the functionality of the services and how they are to be used and,
• if necessary. ask us for help;
• Immediately change any temporary password/PIN allocated by us for the purpose of giving you access to the services for the first time; 
• acquaint yourself with and follow the security procedures communicated by us from time to time as well as such other procedures that may apply to the services and specifically those that may be displayed on our internet website. acknowledging that:
  • we are not obliged to prescribe or recommend any security procedures to you, but we may do so and any failure by you to follow the recommended security procedures may result in a breach of the confidentiality of your confidential information and may lead to unauthorised transactions between accounts linked to your electronic banking profile with us; and 
  • any software downloaded by you from the internet and specifically our internet site is third-party software, the licensing of which will be subject to such terms and conditions as the licensor of such software may impose and we make no representations or warranties as to the suitability of any of your information technology systems used for receiving, accessing or using the services; 
  • ensure the safekeeping and confidentiality of all confidential information. and must particularly ensure that the confidential information is not written down and kept where it can easily be discovered. ensure that nobody other than you is permitted to use services to which you have subscribed. If a power of attorney has been given, you must ensure that only authorised persons have access to and are allowed to use the services and businesses must ensure that only authorised employees have access to and are allowed to use the services; 
  • notify us immediately where you reasonably become aware or suspect that confidential information has been lost or forgotten or may have fallen into the hands of an unauthorised person; 
  • read, understand and apply the information displayed on any profile, system or electronic banking site and understand your role in respect thereof; ensure that you have current and updated antivirus software in place to prevent. detect and remove malicious computer viruses and acknowledge that undetected viruses may corrupt and/or destroy computer programs. applications. files and potentially computer hardware. Additionally you may unintentionally transmit the virus to other computers. We will not be held responsible for any computer virus that affects your computer or software while using the services; and 
  • acquaint yourself with any specific terms and conditions of use that may exist in relation to any of the services and will be bound by such terms and conditions as though they form part of this document 

You will not:

• cede or assign any of your rights under this agreement without our prior written consent; 
• operate or use the service in any manner that will prejudice us; and 
• use the services for any purpose that is unlawful or that is not permitted, whether expressly or implicitly, by these terms and conditions or by any applicable law or regulation. We reserve the right, subject to applicable law. to terminate the services and your right to the services at any time and for any reason, including. without limitation, if we in our sole judgement believe that you are or have been engaged in conduct or activities that violate any of the terms and condition or our rights or if you provided us with false or misleading information. 

You understand and accept that you may only link a business account or an account requiring multiple signatures to the profile if you have submitted to us an original written resolution or power of attorney to this effect and you must ensure that no unauthorised persons have access to the services. We will be entitled and authorised to debit your accounts with the amounts of the transactions effected through the services as well as to debit your accounts with the amount of any fees applicable to the services from time to time. 

26. THE BANK'S OBLIGATIONS

26.1 We will:
26.1. 1 furnish you with temporary passwords/PINS on approving your use of the services offered in terms hereof; and
26.1.2 furnish you with replacement confidential information only on written notice that a password/PIN has been lost. forgotten or fallen into the wrong hands. 
26.2 You acknowledge that:
26.2.1 we will neither be required to inquire into the authority of any person who uses or has used the services or passwords/PINS, nor the validity of any information you gave us for the use of the services and we will be entitled to assume (unless we have been informed in writing to the contrary) that any person in possession of the confidential information is properly authorised to conduct any and all transactions through the services; 
26.2.2 once we have received and implemented an instruction given by you in the use of the services, you cannot countermand or amend such instruction but must follow the procedures we prescribe from time to time in respect of the various services. 
26.2.3 If we are instructed in writing to stop a transaction, we will attempt to do so. but we will not be liable for any loss incurred, whether direct or consequential, if we fail to do so.

27. PAYMENTS AND TRANSFERS

27.1 Once payment to a third party or a transfer transaction (a transfer between your linked accounts) has been processed. a confirmation reflecting that the payment or transfer has been processed will be available to you. 
27.2 Payments may take up to three business days to be reflected on third-party accounts.

28. FAILED TRANSACTIONS

If any transaction fails, including as a result of insufficient funds being available in your account or of a third-party account having been closed, we will not be held liable.

29. INDEMNITY

29.1 You hereby waive your rights in respect of and indemnify us against any demand,claim or action relating to or in connection with the services. whether directly or indirectly, unless such demand, claim or action arose as a direct consequence of the gross negligence or wilful misconduct of the bank or any of its employees.
29.2 Any demand, claim or action arising against us in connection with the circumstances referred to in subclause 29.1 above will be limited to direct damages. Special or consequential damages are hereby specifically excluded.
29.3 Without limiting the generality of sub clause 29.1, you specifically waive all your rights in relation to, and indemnify and hold us harmless from, all demands, claims. actions. losses, damages that may be brought against us or which you may suffer or incur arising out of:29,3,1
29,3,2 any delay or failure by us to act on any instruction given by using the services; any malfunction, failure or unavailability of any system, hardware, software or equipment;
29.3.3 any loss or destruction of any data, power failures or corruption of storage media;
29.3.4 any natural phenomena, riots. acts of vandalism. sabotage, terrorism or any other event beyond our control;
29.3.5 any interruption or distortion of communication links or reliance by any person on incorrect, illegible, inaudible, incomplete or inaccurate information or data contained in any instructions received by us;
29.3.6 any 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;
29.3. 7 any unauthorised access to your accounts 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;
29.3.8 your divulging any confidential information and/or permitting unauthorised persons from having access to and/or using the services;
29.3.9 failure to adhere to any terms and conditions applicable to the services and/or the supplying of incorrect information or the failure or unavailability of third-party facilities or systems or the inability of a third party to process a transaction; 
29.3.10 confidential information/documentation requested by using the services coming to the knowledge of third parties; or
29.3.11 fraudulent, false or altered instructions given by using the services.

30 COPYRIGHT

30. 1 We will at all times retain our copyright in or licence to software as well as associated information and documentation belonging to us used in the provision of the services as well as in respect of any logos, trademarks or service marks used.
30.2 You may not duplicate, reproduce or in any way tamper with the software and associated documents without our prior written consent 
30.3 In respect of third-party software we are not a party to any licence agreement entered into by you and the licensor and therefore 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 will be at your own risk and indemnify us against and hold us harmless from any loss or damage you may suffer as a result of the use. abuse or possession of such software. 
30.4 Furthermore, you understand that the use of such third-party software may be illegal in jurisdictions outside Zimbabwe 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 Zimbabwe, you must ascertain the legality of such use and obtain all necessary licences and permissions from the relevant parties. You accordingly indemnify us against and hold us harmless from any and all liability you may incur in this regard.

31. MOBILE BANKING

31.1. You accept and agree to keep to yourself as strictly private, confidential and secret any and all information to do with your mobile banking personal identification number (PIN) used to access your account and to immediately give Nedbank Zimbabwe Limited in writing all information in your possession as to the circumstances of any disclosure of your Mobile PIN to any other person.
31.2. You accept and agree that your Mobile PIN is solely for your own use.
31.3. You agree that a cellphone is not a fully secure media of communication and Nedbank Zimbabwe Limited is unable to guarantee the privacy of client information and Nedbank Zimbabwe Limited is not liable for losses or damages, resulting from hacking or other similar action, provided Nedbank Zimbabwe Limited takes reasonable security measures deemed appropriate to protect client information.
31.4. In consideration of your agreement and undertaking with Nedbank Zimbabwe Limited as outlined in clauses 1 to 3 above and in pursuance thereof, you hereby agree to waive and indemnify and hold Nedbank Zimbabwe Limited harmless against claim or liability for claim arising directly or indirectly out of your breach of any of the clauses 1 to 3 above and in particular any claim that the payment or debiting against your account was made without proper mandate given by you or under authorised use of your cellphone. 
31.5. You accept and agree that you shall not hold Nedbank Zimbabwe Limited responsible for mobile network operator or service provider system challenges that may adversely affect the Bank's ability to provide mobile banking services to registered users.

32.SHORT MESSAGE SERVICE (SMS) Alerts

You agree to receive electronic notification via Short Message Service (SMS) of transactions conducted on your bank account. You acknowledge that the integrity and/or correctness of SMS messages transmitted cannot be guaranteed in that, inter alia, they might be tampered with prior to being transmitted, they might be fraudulently abused by outsiders, delays might occur, and the SMS facility might be faulty. The SMS service is a value add service, which is rendered in addition to any statement you may receive. While the bank endeavours to ensure the integrity and content of any SMS sent to you, the statement will remain the official record of your account. You indemnify the bank against any claim in the event of an SMS notification not being carried out according to your request or in the event of an SMS notification containing personal/confidential information coming into the possession of, or being read by a person not entitled to be in possession of such SMS. You hereby indemnify the bank and hold it harmless from all claims, demands, actions and proceedings that may be made or instituted against the bank by anyone, their parties included and all injury, loss or damage that may be suffered by me/us, the bank or any third party, whether directly or indirectly arising out of or in connection with my/our election that the SMS system be used in my/our dealings with the bank and the bank's dealings with me/us. The Bank cannot accept liability for the integrity of SMS messages. The bank will be indemnified if the client fails to notify the bank, in writing, of any changes of your nominated cellular number.

33. PRIVACY CONSENT

11 We provide my I our consent to Nedbank to process personal information in relation to my I our corporate account, including fingerprints, biometric personal identification details, photographs and identity verification, for purposes of providing financial services and for detecting and preventing fraud and money laundering, and to send my I our personal information to third parties in order to provide a financial service to me I us, and also to send such information to foreign countries, when necessary, by electronic or other means for processing. 
11 We understand that such countries may not have specific data privacy laws and that where that is the case, Nedbank will enter into appropriate confidentiality agreements with the service providers in the foreign countries.

34. FURTHER PROCESSING

Nedbank may search, update or place my I our records at credit reference bureaus and government agencies in order to verify my I our identity, assess my I our ability to obtain credit or to provide collateral of any kind, including guarantees or suretyships, and may, on request from another credit provider with provider with whom 11 we have applied for credit, provide my I our personal information, including my I our credit reference data, to such credit provider and also make any enquiries that it deems necessary to confirm the details on this form for marketing purpose and to assess my I our creditworthiness, design and offer financial services or related products which may be of interest to me I us and to undertake its credit validation models.

35. Nedbank may use my I our personal information for debt enforcement, including but not limited to recovery, collection, repayment, surrender, enforcement and cession of debts. 1 We confirm that 1  we have fully disclosed my I our debt repayment history.

36. The bank reserves the right, without notice, from time to time, to amend and update operating terms and conditions and that I/we consent to be bound by the updated terms and conditions on the notice of change.

37. CUSTOMER COMPLAINTS

All customer complains will be handled in line with Nedbank's complaints handling and resolution process. The following comprises Nedbank Zimbabwe Limited's complaints handling process: 
37.1 Customer lodges their complaint through their channel of choice including in person at the branch, telephone, email, social media or any other platform the bank may provide from time to time. 
37.2 Nedbank will acknowledge receipt of complaint within 48 hours of the complaint being lodged.
37. 3 In cases where the complaint can not be resolved immediately, client will be kept up todate on progress as investigations are carried out until full resolution. 
37.4 After resolution, Nedbank will communicate with the affected client before closing the case on their records. 
37.5 If a client is dissatisfied with the complaints resolution process, they are free to exercise their right by escalating the matter to the Reserve Bank of Zimbabwe, any other alternative dispute resolution entities/ mechanisms or the court of law. 
37.6 II We acknowledge notification of the Complaint handling process by the Bank and undertake to apply same in the event of having a grievance against the Bank.

DECLARATION

I/We certify that all information given on this application and in support thereof is true and correct, and II We understand that should the information prove to be incorrect the Bank reserves the right to decline the application or discontinue the relationship. I/We undertake to provide all documents requested by the Bank and to update all records in the event of change of any personal details. I/We acknowledge that my attention has been drawn to the terms and conditions contained herein and undertake to abide by these in the Bank's right to summarily. 
close the account if it is not conducted satisfactorily. II we acknowledge that the Bank reserves the right to decline my/ our application to open an account with them and that the Bank reserves the right to not give any reasons for such decline. Once submitted all documentation including this application form become the property of the Bank and II we have no right to demand same back whether or not the Bank has granted my/ our application for an account with them.