Nedbank travel card
Terms and conditions
These terms and conditions and the terms and conditions contained in the Application Foreign Exchange or Receipt of sale of Nedbank Travel Card together with the fees applicable to the Nedbank Travel Card as published on www.nedbank.co.za and which are available on request, and the Exchange Control limits section in the product brochure (collectively ‘Agreement’) govern the use of your Nedbank Travel Card.
You acknowledge that you have been given adequate opportunity to read and understand the agreement and that you have read, are aware of, and agree to, all the terms and conditions of the Agreement.
You confirm that you accept and will comply with the agreement.
1. Definitions
In these terms and conditions:
1.1 Agreement: these terms and conditions, read together with the application, the Product Specifications and Pricing Schedule (as amended) and any later agreement relating to the fees (as amended).
1.2 Additional Card: The additional card that you will receive, to use as a backup.
1.3 ATM: An automated teller machine.
1.4 Authentication Mechanisms: Any mechanism used to identify you before you access our digital platforms. It can be a personal identification number (PIN), password, profile number, user number, certificate and/or device,
1.5 Card: The Nedbank Travel Card with ATM and merchant access and functionality, as set out in the Agreement, and includes any additional card, where appropriate.
1.6 Card Services: Any services, including call centre services, provided by us in connection with the card.
1.7 Card Fund: The aggregate sum of the funds loaded onto the card in each currency pocket that is available for Charges;
1.8 Charge(s): Collectively all transactions made using a card, fees or commissions charged by third parties in relation to a transaction, commissions and other amounts you have agreed to pay us for the use of the card or for which you are liable under this Agreement.
1.9 CMA: The common monetary area, being South Africa, Lesotho, Eswathini and Namibia.
1.10 CODI , Corporation for Deposit Insurance.
1.11 Cross-currency conversion fee: The fee we charge you for the conversion from one currency into any another currency.
1.12 Currency/Currencies: any foreign currency/currencies that we may make available from time to time in connection with the card. Refer to www.nedbank.co.za for the list of currencies. ;
1.13 Currency pocket: The different pockets on the card into which the currencies are loaded, the aggregate balance of which makes up the card fund;
1.14 DCC: Dynamic currency conversion or cardholder preferred currency (CPC), which is a process whereby the total of the transaction is converted by a merchant or ATM to ZAR at the point of sale because the card does not have a currency pocket that matches the currency of the country where the transaction is processed;
1.15 Digital channels: This includes the Money App, Online Banking, NPW App and NPW Online Banking.
1.16 Digital interaction means access to the account and communication through any means using systems and devices.
1.17 Exchange Control Regulations: Regulations prescribed from time to time by the South African Reserve Bank in terms of the currency and Exchanges Act, Act no 9 of 1933, including all rulings and circulars.
1.18 Fee(s): Any and all fees that may be charged for a transaction or in connection with the use of the card, as set out in clause 14 below.
1.19 Minor: Any unmarried person below the age of 18 years.
1.20 NCC: The Nedbank Contact Centre, telephone number +27 (0) 860 297 0797 or +27 102 174 038.
1.21 Nedbank retail rate: The rate of exchange applied by Nedbank, while processing the transaction. www.nedbank.co.za;
1.22 Order of priority: The order in which the currency pockets are listed in your card as selected by you in the application form;
1.23 Parent/Guardian: The parent or legal guardian of a minor, who purchases the card for use by that minor and who consents to the use of the card by the minor in accordance with the agreement.
1.24 PIN: A unique personal identification number allocated to each card.
1.25 Shortfall: This occurs when the card fund drop below 0 (zero).
1.26 South Africa: The Republic of South Africa.
1.27 Systems and devices: The digital information systems, digital platforms, equipment, software, mobile devices, telephones and any other hardware devices.
1.28 Termination date: The date on which this agreement will terminate, which is when the card expires according to the expiry date on the front of the card.
1.29 Transaction(s): ATM and/or other cash withdrawals and purchases made using a card.
1.30 We/us/our: Nedbank Limited.
1.31 Working day: Any day of the week, excluding Saturdays, Sundays and statutory holidays in South Africa.
1.32 You/your: The person to whom the card has been issued to. Where you have purchased the card for use by a minor, any references to you or your will equally refer to the minor, where appropriate.
1.33 ZAR/R/Rands: South African Rand, the lawful currency of the Republic of South Africa.
2. The card
2.1 The Card is a reloadable, prepaid card and you can only spend / use what you have loaded onto the Card.
2.2 The Card allows you to lock in the Exchange Rate at the time of purchase or reload, providing you with a safe and convenient way to manage your travel money. You need to be aware that Exchange Control procedures may cause delays and that we will not be liable for any claims, losses and/or damage due to these delays.
2.3 The funds available for use on your Card are subject to the Exchange Control Regulations and applicable limits.
2.4 Any person resident in South Africa travelling internationally, either for business or leisure, may purchase the Card.
2.5 When you purchase the Card, you will receive one additional Card.
2.6 The Card may be sold to you as parent/Guardian for use by a Minor, travelling internationally.
2.7 You may load or reload any of the available Currencies onto your Card. The available Currencies may change from time to time and if the Currencies change, this Agreement will still apply.
2.8 The value of the Currency you purchase, will be held in the applicable Currency Pocket.
2.9 Payment for the loading of the Currencies onto your Card will be made by you in ZAR, and the Exchange Rate will be the Nedbank Retail Rate.
2.10 There is no interest payable to you on the credit balance on the Card.
2.11 Information may be requested before you purchase the Card. This may include, your identity document, proof of residence, mode of transport and/or departure date/s.
2.12 If there are credit funds on the Card and the Card is not used for 12 months, you will have to pay a monthly Fee, for each month that the Card remains inactive after the 12-month period, until this Agreement expire, or you resume using the Card for travel purposes. This Fee will be deducted from the Card fund until the Card Fund has been reduced to 0 (zero).
2.13 This Card is not covered under CODI.
3. Exchange Control Limits
3.1 Exchange Control Regulations apply for using the card.
3.2 You acknowledge and understand that South Africa, limits the amount of foreign exchange that you may take out of South Africa when leaving on holiday or business.
3.3 These limits are determined by the South African Reserve Bank and are contained in the Exchange Control Regulations.
3.4 You must familiarise yourself with these limits, details of which are available on the South African Reserve Bank’s website: resbank.co.za.
4. Loading funds onto your card (Top-up)
4.1 Subject to Exchange Control limits, you may top up the Currency on the Card at any time within 60 (sixty) days before your departure or during your trip until the last day of your trip.
4.2 If you have a Nedbank transactional account or credit card, you can top-up using the digital channels. You can also send an email to RetailFX@nedbank.co.za or visit a Nedbank Forex branch. If you do not have a Nedbank account, you will need to visit a Nedbank Forex branch for assistance.
4.3 Every time you request a top-up, you will need to declare that the additional funds requested, are within the exchange control limits.
4.4 If we detect that the value of the top-up request is in excess of these limits, we will be unable to process the request.
4.5 Payment for loading of the Currencies onto your Card can be made by you only in ZAR. The exchange rate applied will automatically be the Nedbank Retail Rate and we will not contact you for approval of this rate.
4.6 The top-up service is available between 08:00 and 15:00 South African time (GMT +2) on any Working Day. Requests received after 15:00 South African time (GMT +2) will be processed the next Working Day.
5. Using the Card
5.1 The Card can be used worldwide where you see the Mastercard Acceptance Mark at ATMs and merchants, including shops and restaurants.. Although the Mastercard Acceptance Mark may be displayed, the Card might not operate in some countries, due to restrictions.
5.2 The Card cannot be used in South Africa or other CMA countries.
5.3 The Card can be used only if there are sufficient funds available on the Card to cover the Transactions and all related Fees, subject to any restrictions in the Agreement. You must ensure that you have sufficient funds.
5.4 The amount you can withdraw from ATMs abroad, or spend at merchants, may be limited to the Card Fund and/or the limits that may be imposed by ATM operators and these merchants.
5.5 Merchants that accept the Card are required to seek online authorisation from us for all transactions that you do, and we cannot stop or reverse a Transaction once it has been successfully authorised.
5.6 Some merchants may not be able to authorise your Transaction if they cannot obtain online authorisation from us. Examples include some inflight purchases, car park vending machines, cruise line purchases and toll booths.
5.7 We recommend that you do not use the Card as a guarantee of payment, for example to pay a deposit for hotels, cruise lines or car rental, as merchants in these types of business may estimate the final bill and reserve this amount against the Card Fund, which will then be unavailable for you, to access or spend.
5.8 Subject to clauses 5.9 and 5.10, the applicable Currency Pocket will be debited with the amount of the Transaction and all related Fees, which will reduce the balance of the applicable Currency Pocket and therefore the total Card Fund.
5.9 Currency match and sufficient funds: If you have a Currency Pocket that matches the Currency of the country in which the Transaction is charged, that Currency Pocket will be debited with the full Transaction value plus any related Fees.
5.10 If there are insufficient funds in the Currency Pocket that you are currently transacting in, to cover the full amount of a Transaction plus related Fees, the current Currency Pocket will be debited with the amount that is available and then we will debit the next Currency Pocket, in the Order of Priority, that has sufficient funds to cover the remaining balance of the Transaction plus Fees. This conversion will attract a Cross-currency Conversion Fee
5.11 If there are insufficient funds in any one of the remaining Currency Pockets in the Order of Priority to cover the remaining balance of the Transaction and the related Fees we will decline the Transaction.
5.12 If the Card Fund drops below 0 (zero), you must not incur any subsequent charges.
5.13 If a Shortfall arise following any charges authorised by you, the resulting debit balance will immediately become a debt that is payable by you to us on demand.
5.13.1 When we convert the shortfall into ZAR, we will use the Nedbank Retail Rate on the day we process the Transaction.
5.13.2 We are entitled to set off any shortfall against any positive balance on any other account you hold with us.
5.13.3 If, notwithstanding any such setoff, an amount is still owing, this amount will remain a debt you must pay to us and you must repay this debt to us on demand.
5.14 We reserve the right to charge interest on the shortfall at the interest rate ordinarily charged by us on similar debts.
5.15 If you are entitled to a refund where the Transaction was made in one of the Currencies loaded, onto the Card, the refund will be made to the Card in that same Currency. Where a conversion took place and we authorised the Transaction for example, in USD, the refund will be made in USD.
5.16 We may be unable to provide you with our services if power outages occur affecting our facilities, electronic terminals, service providers or supporting networks.
5.17 If there is a system failure affecting ATMs or merchant facilities abroad, there is a risk that you may not be able to access your funds held on the Card.
5.18 Except as otherwise set out in these terms and conditions or if we have acted with gross negligence or fraudulent intent, any liability we have to you is equal to the fraudulent Transaction, the Card balance, or the value on the Card, at any given time.
5.19 You must comply with all applicable laws and regulations (including any Exchange Control Regulations) in respect of the Card, in the country of purchase and/or use.
5.20 You may use the Card only as stipulated in the Agreement. If you don’t, we may suspend the Card, terminate the Agreement and exercise any other remedies available to us.
5.21 We may suspend the Card, with or without notice, if we think the Card has been or is likely to be misused or if we suspect any illegal use.
6. Charges made in a Currency other than the Card Currency
6.1 If you do not have a Currency Pocket that matches the Currency of the transaction, the funds from one of your other available currency pockets will be use and a Currency Conversion fee may apply.
6.2 The full Transaction value plus related Fees will be converted by Mastercard and presented to Nedbank for authorisation, in USD.
6.3 If you have a USD Currency Pocket, Nedbank will use the funds in the USD Currency Pocket to settle the Transaction value plus the Fees, in Cross-currency Conversion Fee.
6.4 If there is no USD Currency Pocket, we will debit another Currency Pocket, in the Order of Priority, that has sufficient funds to cover the full value of the Transaction, plus the Fees, plus a further Cross-currency Conversion Fee.
6.5 The Currency Conversion will take place on the date we process the Charge, which may not be the same date on which the Transaction was made, as it depends on when the Charge is submitted to us for processing.
6.6 If Charges are converted by third parties before they are submitted to us, any conversions made by those third parties will be at their rates and may include a commission selected by them.
6.7 When we process a Charge, we will use the Nedbank Retail Rate on the day on which the Charge is processed and add the Cross-currency Conversion Fee.
6.8 If a Charge made in different foreign Currency is refunded, the amount will generally differ from the amount of the original Charge because:
6.8.1 n most cases the rate applied to any refund is different from the rate applied to the original Charge; and
6.8.2 any Cross-currency Conversion Fee paid on a Charge is not refunded. However, we do not charge additional Currency Conversion commission on the refunded amount.
7. Access emergency funds
7.1 You may have access to emergency funds if both Cards are lost or stolen during your trip.
7.2 As soon as you become aware that both Cards are either lost or stolen, you must contact NCC to request emergency access to the funds on the Card. NCC will verify your identity and arrangements will be made for you to collect cash funds at a specified Mastercard outlet.
7.3 The specified Mastercard outlet will give you cash in the official Currency of the country that you are in.
7.4 The service to gain access to emergency funds, will attract an emergency Fee and possibly a Cross-currency Conversion Fee if there is a Currency conversion.
7.5 The cash that can be withdrawn will be limited to the available balance of the Card Fund, less any Fees as described above and any Fees charged by the specified Mastercard outlet.
8. Unused Funds
8.1 In accordance with the Exchange Control Regulations, you must redeem unused Currencies within 30 (thirty) days after your return to South Africa. If you are a business traveller and your next business trip will start within 90 (ninety) days after you returned from your previous business trip, you may retain Currency in the Card Fund for use on the subsequent business trip.
8.2 You can redeem unused Currencies in the following ways:
8.2.1 Use the Digital Channels and redeem the unused Currencies into a Nedbank transactional account, savings account or credit card.
8.2.2 Send an email instruction to RetailFX@Nedbank.co.za
8.2.3 Visit a Nedbank Forex branch.
8.2.4 If you do not have a Nedbank account, you must provide the bank account details where the funds (ZAR) can be transferred to.
8.3 We will not permit redemption into an account that is not in your name, except if the unused Currencies are redeemed from a Card issued to a Minor, in which case the unused Currencies will be redeemed into a Nedbank transactional or savings account in the name of the Minor’s Parent/Guardian.
8.4 If you do not redeem unused Currencies when the Card expires, the Currencies will be converted to ZAR, at the Nedbank Retail Rate and it will be transferred to a Nedbank suspense account. You can visit a Nedbank branch to claim any credit balance from us. You can visit your nearest Nedbank Forex branch or email retailFX@nedbank.co.za
9. Balances and transaction record
9.1 You can view your balances per Currency Pocket and Transaction History balances on the Digital channels.
9.2 You can do a balance enquiry at some ATMs abroad, but availability is dependent on the country and the ATM used. There may be a fee payable to the ATM operator for balance enquiries.
9.3 An ATM, will not display a balance for each Currency Pocket. If you are in a country where the local currency is one of the Currencies loaded onto your Card, the ATM will display the available balance of that Currency Pocket only and will exclude all other Currency Pockets. If you are in a country where the local Currency is not one of the Currencies loaded onto your Card, the ATM will display the available balance in the first Currency Pocket in the Order of Priority in the local Currency and will exclude all other Currency Pockets.
9.4 You can view your transaction record on the Digital channels, by sending an email to ReatlFX@nedbank.co.za or by visiting a Nedbank branch.
9.5 At our discretion, an additional cost may be levied against the Card for paper-based statements, whether posted or obtained at any branch or through any self-service or digital channel.
9.6 It is your responsibility to check your Card regularly and report any discrepancies to us within 30 days of the date that you detect the discrepancy.
9.7 If there is a dispute regarding the items that appear on the statement, our records will be prima facie (on the face of it) proof.
10. Keep your card and PIN secure
10.1 You must sign the back of the Card and Additional Card as soon as you receive it and you must store it, separately.
10.2 You must memorise the PIN and do all that you reasonably can to keep the Card PIN and other security details safe at all times and not disclose it to any third party.
10.3 You must never:
10.3.1 allow anyone else to use the Card, PIN or other security details;
10.3.2 write down the PIN or any other security information and keep it with the Card; or
10.3.3 give the PIN to anyone.
10.4 We will never ask you to reveal any PIN.
10.5 The PIN will be disabled if an incorrect PIN is entered more than 3 (three) times. If the PIN is disabled, it cannot be reactivated, and you will have to use the Additional Card.
10.6 You must call NCC immediately if you lose the Card, believe it could be misused or you suspect that someone else may know the PIN or any other security details. We will suspend the Card to prevent further use. If a lost Card is found, you will not be able to use it.
10.7 You must confirm details of any loss, theft or misuse, to NCC in writing and you must assist us and the police with any enquiries.
11. Prohibited uses
11.1 You may not use your Card:
11.1.1 after the expiry date shown on the front of the Card;
11.1.2 if you find your Card after having reported it to us as lost or stolen;
11.1.3 if you have been notified that your Card has been suspended or cancelled;
11.1.4 for a Charge that would create a Shortfall;
11.1.5 for recurring or periodic payments, such as ongoing subscriptions;
11.1.6 as a gift card;
11.1.7 to access any other account;
11.1.8 to make payroll payments;
11.1.9 to effect money transfers;
11.1.10 to access or make telephone or online purchases; or
11.1.11 for any unlawful activity.
11.2 You may not give your Card, PIN or any access code or those of a Minor of whom you are the Parent/Guardian to others or allow them to use your Card or the Minor’s Card for Transactions, identification or any other purpose. The exception is where you give the Card and PIN to a Minor of whom you are the Parent/Guardian if you have purchased the Card for the Minor’s use. It is your responsibility as the Parent/Guardian of the Minor to ensure that there is no prohibited use of your Card or of a Minor’s Card.
11.3 Except if we acted with gross negligence or fraudulent intent, you will be liable for any prohibited use of your Card, or of a Minor’s Card if you are the Parent/Guardian, as set out above.
11.4 A Transaction cannot be stopped once you have authorised the use of the Card.
12. Freezing, suspension, modification, restriction and termination
12.1 Unless it has been terminated earlier as provided for, this Agreement will terminate on the Termination Date.
12.2 You may terminate the Agreement before the Termination Date by redeeming the Currencies and no longer using the Card.
12.3 We may freeze, suspend, modify or restrict your Card or terminate this Agreement immediately at any time without prior notice to you due to, including, but not limited to, the following circumstances:
12.3.1 We are compelled to do so by law.
12.3.2 We have reasonable suspicion that the Card is being used for illegal, unlawful or fraudulent purposes.
12.3.3 Your conduct resulting in a breach of our regulatory obligations.
12.4 We will give you reasonable notice if we want to freeze, suspend, modify or restrict your Card and terminate this Agreement due to, including but not limited to, the following circumstances, as determined at our sole discretion:
12.4.1 We are compelled to do so by law.
12.4.2 There are reputational risks.
12.4.3 For operational or business reasons.
12.4.4 You no longer qualify for the Card according to our product specifications.
12.4.5 You breach any of the Agreement.
12.4.6 You breach any other agreement with us.
12.5 We must comply with local and international laws, regulations, policies and requirements with regard to anti-money-laundering, counter-terrorist financing and sanctions. We may continuously screen, verify, process and monitor all your and any related information, instructions and transactions effected by you and/or on your behalf. This may result in your transaction/s or the use of your card being prohibited, delayed, withheld, limited, declined or conditionally approved, your funds being confiscated and/or our relationship being terminated.
13. Product withdrawal / discontinuation
13.1 If we are unable to continue to provide the product or service in terms of this Agreement, for whatever reason, we may terminate the product or service on reasonable notice to you.
13.2 We will give you information of comparable products.
13.3 If you do not select an alternative product or service, we will be entitled to move you to a product or service that we identify as suitable for your needs.
13.4 If the Agreement is terminated, you may no longer use the Card.
13.5 If the Agreement has terminated, you must destroy the Card by cutting it diagonally in half, ensuring the electronic chip contained on the Card is destroyed, and dispose of it securely.
13.6 The termination of the Agreement will not affect your right (if any) to redeem the unspent Currencies in accordance with clause 12 above.
14. Fees and exchange rates
14.1 You agree that you will pay us certain Fees for the use of the Card. The monetary value of these Fees is available at www.nedbank.co.za from time to time or on request.
14.2 You agree that we may deduct the Fees from the Card Fund as soon as they are incurred.
14.3 The Fees charged, will be in the Currency of the Transaction where the Currency of the Transaction matches a Currency Pocket loaded onto the Card. If you do not have a Currency Pocket that matches the currency of Transaction, the Transaction will be converted by Mastercard and presented to Nedbank for authorisation in USD, and the Fees charged for such a Transaction will be in USD.
14.4 Fees that attract value-added tax will include value-added tax, which will be indicated on your statement.
14.5 We may change the fees we charge from time to time, in accordance with the Agreement. Please refer to NCC or a banker to advise on the latest fees applicable. We will notify you of Fee changes.
14.6 In addition to the fees we charge you, certain third parties, eg ATM operators and merchants, may charge fees where the Card is used to withdraw cash or purchase goods and/or services. We do not retain the Fee determined and charged by the merchant or the ATM operator, abroad.
14.7 During a Transaction a merchant, the merchant’s bank, or the ATM operator may charge a DCC fee, being a markup on the exchange rate between the currency of the country where the transaction is processed and ZAR.
14.8 You can avoid paying this DCC fee by doing the following:
14.8.1 When given a choice by a merchant and/or an ATM, always opt for the transaction to be processed in the currency of the country that you are in.
14.8.2 Check all merchant sales vouchers to ensure that you have not been charged a DCC fee without your consent. If you have, you must dispute the fee with the merchant.
14.8.3 Remember that DCC is not compulsory.
14.9 If you opt for DCC, you will be responsible for all fees associated with the DCC.
14.10 The foreign exchange rate applicable to, for example initial loads, reloads or top-ups or any currency conversion, will be the Nedbank Retail Rate on the day we process the Charge.
14.11 The following are instances where an exchange rate and/or Fee may apply:
14.11.1 when an initial load or reload (top-up) is done;
14.11.2 in relation to a Transaction;
14.11.3 when a Cross-currency Conversion takes place;
14.11.4 when you redeem unspent Currencies;
14.11.5 when you terminate the Agreement and request repayment of the balance of the Card into ZAR;
14.11.6 when you need access to emergency funds;
14.11.7 when you dispute a Charge; and
14.11.8 when the Card is not used, as explained in clause 2 above.
15. Privacy consent
15.1 Subject to applicable laws, regulations and our Privacy Policy, you give us permission to process your personal information as we see fit for your and our legitimate interest. This includes your race, biometrics and alleged criminal behaviour (if necessary).
15.2 You consent to us accessing your credit bureau data, obtaining your bank statements from your bank, sharing your information with third parties sharing information about your application with third parties, collecting your personal information from third parties, sharing information about your application with the Southern African Fraud Prevention Services and processing your personal information outside South Africa.
15.3 Processing includes doing affordability assessments, credit scoring and profile building that may help us offer you a product or service that will suit your needs. You may ask for a description of your personal information that we have on record and for the details of third parties who have, or having had, access to your personal information.
15.4 You may withdraw your consent by notifying us in writing. You may ask that we correct or delete your information, object to us having had your information, and send a complaint to the Information Regulator.
16. Risks and liability for unauthorised or disputed transactions
16.1 In certain circumstances you may be liable for unauthorised Transactions and/or related Fees on your Card, as described in this Agreement.
16.2 Check your Transaction history and balance regularly.
16.3 If you notice an error in any Charge that you do not recognise, you must notify NCC within 30 (thirty) days of the Charge debit date. We may request you to provide additional written information about any such Charge and you must comply with our request.
16.4 Except if we acted fraudulently or with gross negligence, you will be liable for all losses in respect of the Card if you have:
16.4.1 acted fraudulently;
16.4.2 failed to use the Card in accordance with the Agreement;
16.4.3 failed to notify NCC without undue delay when you became aware of the loss, theft or misuse of the Card; or
16.4.4 failed to take all reasonable steps to keep the Card’s security features safe.
16.5 Where you are not liable for an unauthorised Transaction and/or related Fees, we will refund the value of that Charge and will have no further liability to you for any other losses you may suffer.
16.6 If our investigations conclude that the Transaction and/or Fees you have disputed has been authorised by you or on your behalf, or you have acted fraudulently, we will not refund the value of the Transaction and any related Fees and we may charge you a Fee for the incorrectly disputed Transaction.
17. Liability
17.1 Except where damage or loss arises directly or indirectly from our wilful misconduct or gross negligence (or that of any person acting for or controlled by us), we will not be liable to you for any damage or loss that you may suffer because of:
17.1.1 your use of the Card;
17.1.2 the Card not being accepted;
17.1.3 there being disputes concerning the quality of goods or services bought with the Card;
17.1.4 the operators of terminals charging additional fees (for example when you withdraw currency from an ATM and the ATM operator charges you an additional Fee for the service);
17.1.5 your use of electronic means to communicate with us;
17.1.6 any action taken in terms of clauses 12 or 13 above;
17.1.7 any person having gained unauthorised access to any information or data; or
17.1.8 incorrect information having been given to us or to any person, including any credit bureau.
17.2 We are not responsible for ensuring that ATMs and point-of-sale terminals accept the Card or for the way in which a merchant processes a Transaction.
17.3 Insofar as this is permitted by law, you agree to pay us for any reasonable losses, damages, claims or expenses (including reasonable legal fees) that we incur because you did not comply with the Agreement.
18. Minors
18.1 You, as the Parent/Guardian of a Minor, must provide a copy of the Agreement to the Minor and educate and instruct them in the use of the Card and explain any implications related to these terms and conditions and any other consents or disclosures you gave to us, on the Minor’s behalf.
18.2 You must also explain to the Minor that you have provided proof of the Minor’s identity to us and that this information will be retained in accordance with applicable data protection law.
18.3 By purchasing the Card for a Minor you represent and warrant that the information provided is correct and true, that the Minor is travelling internationally and that you gave your consent to the Minor to use the Card.
18.4 You agree that we may rely on all acts or uses of the Card by the Minor even if those acts or uses are not in accordance with your instructions to the Minor.
18.5 If the Minor creates a profile on the Digital channels, the Minor will be able to:
18.6 view balances and transaction history on the Card;
18.7 change the Order of Priority; and
18.8 freeze and unfreeze the Card.
19. Digital interaction
19.1 You accept all risks of Digital Interaction with us. These risks include:
19.1.1 It may not be the safest way to give us instructions, as Digital Interaction may be tampered with before, during or after transmission and can be manipulated fraudulently.
19.1.2 Receipt or execution of Digital Interaction may be delayed because Systems and Devices failed, malfunctioned or were unavailable.
19.1.3 Digital Interaction may be illegible or inaudible, which may lead to instructions not being executed as intended.
19.1.4 We may be unable to verify email addresses, fax numbers and signatures.
19.2 We cannot establish the identity or designation of the sender of the Digital Interaction.
19.3 We may not be able to confirm receipt of Digital Interaction instructions.
19.3.1 You must ensure that your Systems and Devices can communicate with ours. You must meet our specifications for the installation and configuration of your Systems and Devices.
19.3.2 You must do whatever is necessary to access and use your Account. This includes maintaining software licences, paying licence fees and getting the necessary telecommunications lines, hardware, software and consumable materials (updates or upgrades).
19.3.3 You must adhere to our operating, maintenance and security requirements and procedures (including encryption standards) and make sure that there are no destructive programmes, for example viruses, worms and spyware, on your Systems and Devices.
19.3.4 You must ensure the integrity, safekeeping and confidentiality of all communication lines, data, confidential information, Systems and Devices and Authentication Mechanisms.
20. Changing the terms
20.1 We may amend the Agreement and will notify you of changes. The latest version of the Agreement is available on www.nedbank.co.za.
20.2 If you are dissatisfied with any change, you may terminate the Agreement as provided in clause 13 above.
21. Law, jurisdiction and language
21.1 The Agreement is governed by the laws and the courts of South Africa.
21.2 We will communicate with you in English. The Agreement is available in English, only.
22. Transferring our rights
22.1 We may transfer any of our rights and obligations under the Agreement, without your prior consent, to any third party, provided such party continues with the obligations in the Agreement to you.
22.2 You have no right to transfer your rights and obligations under the Agreement to any third party.
23. Address for notices
23.1 The physical or email address that you gave to us in the application, or the most recent address given to us in terms of clause Error! Reference source not found. will be the address used to deliver legal notices to you.
23.2 Either party may change their physical or email address by notifying the other party via email. The email address to which you may send a change of address notification can be obtained from www.nedbank.co.za, NCC or a Nedbank branch.
23.3 A legal notice, order or other document will have been properly served when it has been sent by email or delivered to that party or sent by registered mail to that party’s last known address. If you have not informed us of a change of your email or physical address, we will continue to use the last address given, even though the information may be incorrect.
23.4 You may send any legal notices to:
The General Manager
Nedbank Group Legal
Nedbank 135 Rivonia Campus, 135 Rivonia Road, Sandown, Sandton, 2196
23.5 Unless the contrary is proved, any legal notice, order, or other document:
23.5.1. sent by email to the chosen email address will be considered received on the date it was sent.
23.5.2. delivered by registered mail, will be considered received within seven Business Days of the posting date.
23.5.3. delivered by hand will be considered received on the date of delivery, provided it was delivered to a responsible person during ordinary business hours.
23.6. If the date of delivery falls on a weekend or public holiday, the legal notice, order or other document will be considered received on the next Business Day.
23.7.Any legal notice, order or other document received by a party will be adequate written notice or communication to that party, even though it may not have been sent to or delivered at the chosen address.
23.8. It is your responsibility to notify us of any changes to your address and contact details.
24. Alternative dispute resolution
24.1 We have a complaint process, available through www.nedbank.co.za, NCC or a Nedbank branch.
24.2 If you have a dispute or a complaint regarding your account, you can call our Client Complaints Helpline on 0860 444 000 or you can email us on clientfeedback@nedbank.co.za . You must send us a written statement setting out the dispute or the complaint. We undertake to investigate your dispute or complaint within a reasonable time, keep you informed during the investigation and give you a final written response.
24.3 Should you not be satisfied with the response referred to above, you have the right to contact the National Financial Ombudsman and/or the Financial Sector Conduct Authority and/or the National Consumer Tribunal using the details below:
National Financial Ombudsman (NFO)
Tel: 0860 800 900 WhatsApp: +27 66 473 0157
Email: info@nfosa.co.za
Physical address:
Johannesburg Ground Floor, 110 Oxford Road, Houghton Estate, Johannesburg, Gauteng 2198
Cape Town Claremont Central Building 6th floor 6 Vineyard Road, Claremont Western Province 7700
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Financial Sector Conduct Authority
Tel: 012 428 8000 012 428 8012 080 020 2087 080 011 0443
Fax: 012 347 0221
Email: info@fsca.co.za
Physical address: Block B, Riverwalk Office Park, 41 Matroosberg Road, Ashlea Gardens, Pretoria, 0081
Postal address: PO Box 35655, Menlo Park, 0102
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National Consumer Tribunal
Tel: 010 006 0484
Fax: +27 (0)12 663 5693
Email: registry@nct.org.za
Physical address: Ground Floor, Block B, Lakefield Office Park, 272 West Avenue, corner West Avenue and Lenchen Avenue North, Centurion
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25. Acknowledgement
25.1. You warrant that you have fully and truthfully answered all questions and responded to our requests for information relating to this Agreement.
25.2. You confirm that you understand and appreciate the risks and costs inherent in this Agreement, as well as your rights and obligations under this agreement.