Terms and Conditions

(Last Updated: 15 June 2012)

WesBank Online and Telephone Services ("the Services") is brought to you by FirstRand Bank Limited ("us", "we", "the Bank"), an authorised Financial Services Provider and registered Credit Provider (NCRCP20).

These terms and conditions as amended from time to time ("the Terms") govern our respective rights and obligations when you use the Services and come into effect when you register for the Services.

The Services will consist of the following:

WesBank Online Services [http://www.wesbank.co.za]: These are the services we offer every time you log into our website under the heading "Account services" or "My Account" and includes all services offered by us regarding your account once you have logged in.

WesBank Telephone Services: These are the services we offer every time you call us on 0861 288 272 and request either the self help option or speak to one of our Customer Service agents who will assist you in person. The self help option will enable you to utilise the Services from a range of options provided by us to you at the time of your call.

By making use of the Services, you acknowledge that you have read, understood and agree to the most recent version of these Terms, and that you have read, understood and agree to our Privacy Policy and consent to our collection, processing, storage and sharing certain of your personal information within the Bank in the ordinary course of our business of providing the Services to you.

Product agreements

All products and services provided by the Bank are subject to their own terms and conditions ("product agreements") such as your Instalment sale, Lease or Rental agreement's terms and conditions, as well as account or facility terms and conditions ("other terms") and your use of those products and services will also be subject to those additional bank terms.

These Terms must be read together with and form part of each agreement. In the event of conflict between these Terms and the agreement, the provisions of the agreement will prevail to the extent of the conflict.

Amendments to these Terms

We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) these Terms at any time and from time to time, without prior notification to you. Any such amendments shall come into effect immediately and automatically. You undertake to review these Terms prior to using the Services for any such changes and acknowledge that you are bound by the latest version of these Terms as published on our website.

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

Access codes

For security, identification and verification purposes, when using the Services, you will make use of a either a One Time Pin ("OTP"), Personal Identification Number ("PIN"), account number, User Identification Number as contained in your RSA identity book ("ID number") and/or a Password. These are all called your "access codes".

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

If you make contact with us, we may, for the purposes of identification and verification, request certain information such as your account number or ID number. However, there will never be a reason for the Services helpline or any of our staff, to request or know your Password or PIN.

If you believe your access codes have been compromised, you must immediately contact the Services helpline on 0861 000 969 and request that they deactivate your access codes or you can reset your access codes on the website with your User ID and OTP. You must keep any reference number given to you by the Services helpline as verification of your notification to us of any such compromise.

Until you notify us to deactivate your access codes to any one of our Services we will not be held responsible or liable for any information obtained without your knowledge or consent.

Fraudulent activities

We are committed to ensuring the security of your use of the Services and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via the website or telephone service.

Where you have been a victim of any fraudulent conduct through any use or misuse of the Services, you must inform us as soon as you become aware that suspicious conduct has occurred on your accounts and open a case at your nearest South African Police Service office. You will be required to co-operate with us and the South African Police Service in any investigation conducted into losses that you suffered as a result of such fraud.

Registration to WesBank Online Services

Visit the homepage of the website, click on the "Register" button and proceed to register for WesBank Online Services. You will not be able to transact until such time as your details have been validated by the Bank. For more information visit our website, click on the "My Account" button and read more about the "Account Services Pre-registration and Registration Process under the "Explain more about" banner, or contact the WesBank Online Services helpline on 0861 000 969.

Access to WesBank Telephone Services

To access WesBank Telephone Services, you must call WesBank on 0861 288 272, and follow the self help voice prompts provided to you. You will be referred to these Terms and by proceeding to make further use of the Services, you will have accepted these Terms.

Certain restrictions may apply when using our mobile and telephone self help services. These restrictions will depend on the status of your account at the date of your interaction or request.

Use of software and hardware

You should only use the most up-to-date Internet browser to access the website and WesBank Online Services, provided that where we specify hardware or software requirements on the website, only such specified hardware of software may be used. See our site settings requirements for more information. Your failure to do this may result in a security risk to you and/or cause some or all of the functionality of the website or online service not to operate properly or at all.

Software, if any, made available for download on or via the website may be governed by licence conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarising yourself with and agreeing such terms and conditions which will govern your relationship with such third party licensor. You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify us against any breach by you of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.

Fees

The use of the Services is free of charge. Standard mobile and landline rates will however be applicable as agreed with your telecommunications service provider.

Your instructions

Because we communicate through the Internet or by phone, you agree that we are entitled to assume that you have authorised all communications once your access codes, user name, password and other identification numbers have been entered. This will not apply once we receive notification from you to disable access to your accounts as a result of your access codes or other personal information having been misplaced or lost. Our records of your communication will be proof of any instruction you have given us, unless you can prove the contrary.

You are responsible for giving correct information and instructions when registering for the Services and when obtaining information by phone.

Please ensure that you review the entire request or self help offered, to correct any mistakes and to withdraw from the self help interaction or request, before final selection and/or submission. We will try to assist if you make a mistake when giving us an instruction, but we will not be responsible for any loss or damage caused by your error, nor are we responsible for the verification of the identity of recipients.

You hereby acknowledge that certain information, once processed, may not be reversed or terminated.

Unless otherwise stated in a product agreement, the Services will be subject to the same turnaround times that apply to those processes, requests, accounts and customer profile, if any, if done at a WesBank regional office.

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

Ending a session

You must log off the website once you have finished using WesBank Online Services. In respect of the WesBank Telephone Services, you must terminate the call once you have obtained the desired information or do not wish to communicate further. If you do not do this, unauthorised processing of information may result, for which we will not be liable.

Ending your use of Services

We may end your use of and access to Services at any time, for any reason whatsoever, on notice to you. Instructions given to us prior to such termination will not be affected by such termination.

We will however, terminate your use of and access to and/or prohibit your future access to use of the Services immediately and without any notice to you if:

we determine in the exercise of our discretion that your behaviour was inappropriate, illegal or constitutes misconduct.

you breached these Terms.

you have committed (or attempted) fraudulent conduct directly or indirectly.

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

You may terminate your use of the Services by contacting the helpline on 0861 288 272.

Application for products and services via this website

Any application submitted for products and services via this website does not constitute a guarantee of what is being applied for will be granted.

An auto-response to your application may not be construed as formal approval of your application. It is only once we expressly notify you of approval that you will have been approved for the particular product or service for which you applied.

Privacy

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

If you use WesBank Telephone Services and make contact with a call centre agent, you permit and hereby consent to us recording your calls for security reasons, and for the purposes of customer care.

Security

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

You acknowledge that you have read and understood the security tips in the Security Centre which we publish on the website and that you shall take the precautions mentioned therein.

Monitoring of communications

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

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

to investigate and detect any unauthorised use of our website and information technology systems; and as an inherent part of and to secure the effective operation of our website and information technology systems.

No warranties

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

Limitation of liability

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

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

This indemnity will be subject to any applicable law, including the Consumer Protection Act.

Links to third party websites

For your convenience, our website may contain links to other websites belonging to or operated by third parties ("third party websites"). By making the hyperlinks available we are not endorsing third party websites, their content, products or services they offer or the owners of these third party websites. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites. You agree that where you access third party websites, you do so entirely at your own risk.

Using content from our website or information obtained from the WesBank Telephone Services

The content on WesBank Online Services and information offered via the WesBank Telephone Services, including, but not limited to all registered and unregistered trade marks, constitutes our intellectual property rights. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written permission and nothing contained on this website should be construed as granting any licence or right of use of any intellectual property.

You may not establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise ("linking") to our website or any other subsidiary pages without our prior written consent, which consent is at our sole discretion. You may apply to establish such a link by submitting your request to service@wesbank.co.za. In the event that you have not heard from us within 5 (five) working days, please consider your request as having been rejected.

Notices, confirmation and statements

You agree that our publishing a notice on our website or sending you a notice once you log into WesBank Online Services, email, SMS or post will constitute sufficient notice to you. It is therefore imperative that we always have your most recent personal information updated such as your mobile number, email address etc.

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

Availability of Online Services or Telephone Services

The Services may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks. For the duration of such unavailability you must use our other available channels: Email : service@wesbank.co.za , OR our Customer Service Centre on 0861 288 272.

Definition of Business Hours

Whenever a reference is made to hours, the following applies:

Business Hours (Weekdays): 08h00 - 17h00

Business Hours (Saturdays): 08h00 - 12h00

After Hours: All other times

Modification, suspension or termination of Online Services

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

Code of Banking Practice

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

Submitting a complaint to us

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

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

We will respond to your complaint as soon as possible. If you do not hear from us within 5 (five) working days from sending your complaint we request that you contact us at 0861 288 272 to check whether your complaint has been received. Please quote your reference number when you contact us directly.

Disputes which cannot be resolved

If we cannot resolve your complaint within a reasonable time you are free to lodge a formal complaint at the office of the Banking Ombudsman, provided that your complaint falls within the jurisdiction of the Banking Ombudsman. For more information on how this process works, please visit www.obssa.co.za.

Address for legal notices

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

The law governing our relationship

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

Capacity

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

General

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

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

The indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms, or failure or delay on our part to exercise any of our rights will not operate as an estoppel against us nor shall it constitute a waiver by us of such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.

A certificate issued by our website administrator will serve as proof of which version of these Terms as applied to your use of the Services at a specific date.

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