WhatsApp Messenger

Terms and conditions

1. Introduction

1.1 Nedbank offers certain financial and banking services (services) via the WhatsApp Messenger application (WhatsApp).

1.2 When you use WhatsApp to communicate or transact with us, these service terms and conditions (T&Cs) will apply.

1.3 These T&Cs include important provisions that may, among other things, limit our risk or liability, create risk or liability for you, compel you to indemnify us, and serve as your acknowledgement of a fact. These provisions will be highlighted for your benefit.

1.4 While we take all reasonable steps to apply appropriate security measures, using WhatsApp may still expose you to risk.

1.5 The provisions in these T&Cs are not intended to unlawfully restrict, limit or avoid any rights or obligations in terms of the Consumer Protection Act, 68 of 2008.

1.6 We may change these T&Cs without notice, and the latest version on our website at nedbank.co.za will apply.

2. Interpretation and definitions

2.1 In these T&Cs:

2.1.1 clause headings are for convenience; and

2.1.2 unless the context indicates otherwise -

2.1.2.1 the singular includes the plural and vice versa;

2.1.2.2 a natural person includes a juristic person and vice versa; and

2.1.2.3 any number of days will exclude the first but include the last day, and if the last day falls on a day that is not a business day, it will be the next business day.

2.2 Unless the context requires otherwise, the words and expressions below mean the following:

3. Using these services

3.1 You confirm and agree to the following:

3.1.1 We will determine the services that are available via WhatsApp and the way in which you will have access to these services.

3.1.2 It is your responsibility to determine whether the services via WhatsApp are suitable and adequate for your needs, and you assume all risk associated with using WhatsApp for these services.

3.1.3 If you are using someone else’s WhatsApp account or smart device, you have permission to do so.

3.1.4 Fraudsters may use your personal and financial information to impersonate you, defraud you or steal from you. It is your responsibility to keep your personal and financial information confidential and secure.

3.1.5 It is also your responsibility to ensure the confidentiality and security of all personal and financial information that you share or that is shared with you via WhatsApp. You must protect your confidential information in a manner expected of a reasonable person. This includes:

3.1.5.1  deleting private, sensitive, and financial information from the chat history; and

3.1.5.2 limiting third-party access to WhatsApp on your smart device by setting up passwords for WhatsApp and your smart device.

3.2 If you suspect that any of your personal and/or financial information has been compromised, you must inform us immediately.

3.3 Your using WhatsApp is regulated by the terms of use that WhatsApp sets and to which you have agreed, and our using WhatsApp is subject to the WhatsApp business terms.

3.4 All WhatsApp messages that you or we share will be stored securely and in line with our Privacy Policy, which is available on our website at nedbank.co.za.

3.5 You must use WhatsApp for the services in a way that is acceptable to us.

4. Restrictions

4.1 You are prohibited from sharing inappropriate content via WhatsApp. This includes content that we, WhatsApp, a regulatory body or a third party considers to be:

4.1.1 unlawful;

4.1.2 offensive, obscene, defamatory or abusive;

4.1.3 false, misleading or inaccurate; or

4.1.4 violating WhatsApp's terms of use.

4.2 The services that we provide to you via WhatsApp are not advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act (FAIS), 37 of 2002.

5. Termination of the services

5.1 You may stop using WhatsApp for the services at any time without giving us notice.

5.2 We may terminate your access to the services via WhatsApp immediately at any time without notice to you under the following circumstances:

5.2.1 If the law compels us to do so.

5.2.2 If we reasonably suspect that WhatsApp is being used for illegal, unlawful or fraudulent purposes.

5.2.3 If your conduct results in a breach of our regulatory obligations. 

5.2.4 If we believe or suspect that someone else is using your WhatsApp account.

5.3 We will give you reasonable notice if we intend to terminate your access to the services via WhatsApp under the following circumstances:

5.3.1 If the law compels us to do so.

5.3.2 Due to reputational risks or for operational or business reasons.

5.3.3 If you do not comply with these T&Cs.

6. Privacy consent 

6.1 You give us consent to process your personal information in relation to your using WhatsApp for these services, subject to our Privacy Policy and within the parameters of applicable law. This consent extends to our processing your personal information as we consider fit for your and/or our legitimate interest.

6.2 You also give us the right to:

6.2.1 collect your personal information from a third party when it is reasonably necessary and/or impractical to collect the data directly from you;

6.2.2 share your personal information with a third party (if necessary) to provide financial products or services to you;

6.2.3 process your personal information for purposes of complying with legislative or regulatory requirements;

6.2.4 transfer and/or process your personal information outside of South Africa (if necessary), subject to applicable law, binding corporate rules or a binding agreement; and

6.2.5 process your special personal information (eg your race, ethnic origin, biometric information or alleged criminal behaviour) only if it is necessary and subject to our Privacy Policy and applicable laws.

6.3 You have the right to:

6.3.1 request confirmation from us, free of charge, as to whether we hold your personal information;

6.3.2 request the record or a description of your personal information that we have;

6.3.3 request information about all the third parties who have, or have had, access to your personal information;

6.3.4 correct or delete your personal information;

6.3.5 withdraw your consent at any time by giving us notice;

6.3.6 object to your personal information being held by us; and

6.3.7 lay a complaint at the Information Regulator regarding your personal information in terms of the Promotion of Access to Information Act, 2 of 2000.

7. Fees

7.1 Normal data costs are charged when you access the services via WhatsApp.

7.2 Your mobile network operator or internet service provider determines these data costs. If you have questions about these data costs, you must contact your mobile network operator or internet service provider.

7.3 You remain liable for any applicable fees associated with the services that you access via WhatsApp, as set out in the terms that apply for the specific service.

8. Security

8.1 Before you send us a WhatsApp message, you must ensure that there is a green tick next to our profile. This tick indicates that WhatsApp has verified our WhatsApp account.

8.2 Do not respond to any messages from a number claiming to be our number. It is important to note the following:

8.2.1 We will never send you a link via WhatsApp to disclose your personal information.

8.2.2 We will never ask you for your PIN via WhatsApp.

9. Liability

9.1 You indemnify us against all injury, losses, damages and costs that we may suffer or incur on your behalf relating to:

9.1.1 your using WhatsApp to access the services;

9.1.2 any compromise of your confidential, personal or financial information; or

9.1.3 unauthorised communication, whether given by you or any person authorised to act on your behalf.

9.2 Unless 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:

9.2.1 you used WhatsApp to communicate or transact with us;

9.2.2 any person gained unauthorised access to your WhatsApp account;

9.2.3 of fraudulent transactions;

9.2.4 of the security of WhatsApp; or

9.2.5 incorrect information was given to us.

10. General terms 

10.1 A certificate that any of our managers have signed will be conclusive proof of the record of a WhatsApp message or chat, as well as any document sent or received via WhatsApp.

10.2 These T&Cs are the whole agreement with regard to the services via WhatsApp.

10.3 A latitude, an indulgence or an extension of time that we grant to you will not be a novation or a waiver of our rights in terms of the agreement. If a provision of this agreement is not enforced, it will not in any way affect the right to enforce that provision in the future.

10.4 An amendment to the agreement will not be a novation of the agreement or of any of your previous obligations to us.

10.5 If a competent court finds any provision of this agreement defective or unenforceable, the remaining provisions of the agreement will still apply.

10.6 The agreement is governed in line with the laws of South Africa.

11. Your acknowledgement 

11.1 Access to the services via WhatsApp may be unavailable at times for various reasons, and we may suspend the service at our discretion.

11.2 We also reserve the right to withdraw or terminate access to the services via WhatsApp or any part of the services at any time.

11.3 We will not be liable for losses, expenses or damages that you or a third party incur due to the interrupted availability of WhatsApp.

11.4 We will not be responsible for any mobile network operator or internet service provider network and/or wifi (wireless internet access) connectivity, for failed electricity supply, or if a local or other authority prevents or negatively impacts your access to WhatsApp.

11.5 You have read these T&Cs and understand them. If you do not understand any of these T&Cs, you must visit a Nedbank branch or call us on 0800 555 111 so that we can explain them.