THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE IMPERIAL BANK WEBSITE OR ANY PART THEREOF (THE IMPERIAL BANK WEBSITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE IMPERIAL BANK WEBSITE immediately, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
1. “Imperial Bank” means Imperial Bank Limited, a company duly incorporated
and a bank duly registered in accordance with the Companies Act 61 of 1973 and
the Bank’s Act 94 of 1990 respectively;
2. “Imperial Bank website”means the Imperial Bank website located at http://www.imperialbank.co.za
and includes any part or element thereof;
3. “User”means
any person who enters or uses the Imperial Bank website, notwithstanding the
fact that such a person only visited the home page of the Imperial Bank
website;
4. References herein to the
singular include the plural and vice versa; and
5. Notwithstanding the fact
that hyperlinks in these terms and conditions to copyright notices and
legislation should be deemed part of these terms and conditions in terms of
section 11 of the ECT Act, the fact that some or all of the hyperlinks may be
non-operational, shall not play a role in determination of the validity and
interpretation of these terms and conditions.
1. GENERAL
Imperial Bank was established in 1996 as part of the Imperial Group. Nedbank Limited has owned a controlling interest in the Bank since 2001 and it is managed as a joint venture between Nedbank and Imperial, capitalising on the combined strengths of its shareholders. Imperial Bank is an Authorised Financial Services Provider as defined in the Financial Advisory and Intermediary Services Act 37 of 2002.
2. ALLOWED USE AND LICENSE
2.1
Imperial Bank licenses the User to view, download and print the content of the
Imperial Bank website, provided that such content is used for personal,
educational and/or non-commercial purposes only;
2.2 Content from the Imperial Bank website shall not be used or exploited by
Users for any commercial and non-private purposes without the prior written
consent of Imperial Bank;
2.3 Users may only access and use the Imperial Bank website for legal purposes;
2.4 The caching of the Imperial Bank website shall only be allowed if:
2.4.1
The purpose of the caching is to make the onward transmission of the content
from the Imperial Bank website more efficient;
2.4.2
The cached content is not modified in any manner whatsoever;
2.4.3
The cached content is updated at least every 12 (twelve) hours; and
2.4.4
The cached content is removed or updated when so required by Imperial Bank.
2.5
If any User uses content from the Imperial Bank website in breach of the
provisions detailed herein:
2.5.1
Imperial Bank reserves the right to claim damages from the User;
2.5.2
Imperial Bank reserves the right to institute criminal proceedings against the
User; and
2.5.3
Imperial Bank shall not be liable, in any manner whatsoever, for any damage,
loss or liability that resulted from the use of such content by the User or any
third party who obtained any content from the User.
2.6 Hyperlinks to the Imperial Bank website from any other source shall be directed at the home page of the Imperial Bank website. Imperial Bank shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Imperial Bank website, if such content was accessed through a hyperlink not directed at the home page of the Imperial Bank website. Persons that wish to link to content beyond the home page of the Imperial Bank website shall do so at their own risk and indemnify Imperial Bank against any loss, liability or damage that may result from the use of content from the Imperial Bank website, if such content was accessed through a hyperlink not directed at the home page of the Imperial Bank website;
2.7 No person may frame the Imperial Bank website, in any manner whatsoever, without the prior written consent of Imperial Bank;
2.8 Apart from bona-fide search engine operators and use of the search facility provided on the Imperial Bank website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Imperial Bank website for any purposes, without the prior written consent of Imperial Bank; and
2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Imperial Bank at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All
intellectual property on the Imperial Bank website, including but not limited
to content, trademarks, domain names, patents, design elements, software,
databases, text, graphics, icons and hyperlinks are the property of or licensed
to Imperial Bank and as such, are protected from infringement by domestic and
international legislation and treaties. Subject to the rights licensed to the
User in clause 2, all other rights to intellectual property on the Imperial
Bank website are expressly reserved.
4. SOFTWARE AND EQUIPMENT
It
is the responsibility of the User to acquire and maintain, at his/her own
expense, the computer hardware, software, lines and access accounts required to
access the Internet and the Imperial Bank website and/or download content from
this website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access
to the services, content, software and content downloads available from the
Imperial Bank website is classified as “electronic transactions” in terms of
the ECT Act and therefore Users have the rights detailed in Chapter 7 of the
ECT Act and Imperial Bank has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: Imperial Bank
Limited;
5.2 Company Registration Number: 1995/012641/06;
5.3 VAT registration number: 4870153840;
5.4 Authorised Financial Services Provider Number: 3917;
5.5
Street address:
5.6
Postal address:
5.7 Physical address for receipt of legal service:
5.8 Telephone Number: +27 (0)11 275 3000;
5.9 Board of Directors: Click here to view the Imperial Bank Board of Directors;
5.10 Executive Management: Click here to view the Imperial Bank Executive Management;
5.11 Company Secretary: P Hassim;
5.12 Main business: Imperial Bank is a focused, entrepreneurial bank that is managed in accordance with general banking and risk management principles. It aims to create profitable relationships with all members of the ank's value chain in order to achieve long-term sustainable levels of growth and competitive returns on capital;
5.13
The website address of the Imperial Bank website is: www.imperialbank.co.za;
5.14 The official e-mail address of the Imperial Bank
website is: rmiller@imperialbank.co.za;
5.15 Membership of self-regulatory or accreditation bodies: Click here to view the industry bodies.
5.16
Codes of conduct to which the Imperial Bank subscribes:
5.17 Copies of the Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000: Click here to access and view the Imperial Bank Information Manual;
5.18
Alternative dispute resolution: Subject to urgent and/or interim relief, all
disputes regarding:
5.18.1
access to the Imperial Bank website;
5.18.2 the inability to access the Imperial Bank website;
5.18.3 the services and content available from the Imperial Bank website; or
5.18.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited
rules of the Arbitration Foundation of South Africa and such arbitration
proceedings shall be conducted in
5.19 The costs associated with the access and use of the Imperial Bank website are as follows: Free;
5.20 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website; and
5.21 Users may lodge complaints concerning the Imperial Bank website by contacting the Website Manager at rmiller@imperialbank.co.za. Users hereby assign the copyright in such complaints to Imperial Bank and understand that Imperial Bank may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.
6. CHANGES AND AMENDMENTS
Imperial Bank expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1
change these terms and conditions;
6.2
change the content and/or services available from the Imperial Bank website;
6.3
discontinue any aspect of the Imperial Bank website or service(s) available
from the Imperial Bank website; and/or
6.4
change the software and hardware required to access and use the Imperial Bank
website.
7. PRIVACY
7.1 Imperial Bank shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000(PAIA);
7.2 Imperial Bank may electronically collect, store and use, amongst other, the following personal information of Users:
7.2.1
name and surname;
7.2.2
contact details;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3
Imperial Bank collects, stores and uses the
abovementioned information for the following purposes:
7.3.1
communicate requested information to the User;
7.3.2 newsletter database;
7.3.3 registration and / or authentication of Users; and
7.3.4 to compile non-personal statistical information about browsing habits,
click-patterns and access to the Imperial Bank website;
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
7.5 Imperial Bank may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1
Imperial Bank shall not disclose personal information from Users unless the
User consents thereto;
7.5.2
Imperial Bank shall disclose information without the User’s consent only
through due legal process; and
7.5.3 Imperial Bank may compile, use and share any information that does not
relate to any specific individual; and
7.6 Imperial Bank owns and retains all rights to non-personal statistical information collected and compiled by Imperial Bank.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 Imperial Bank may provide hyperlinks to websites not controlled by Imperial Bank (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
8.2 Imperial Bank does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9. SECURITY
9.1 Imperial Bank shall take all reasonable steps to secure the content of the Imperial Bank website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Imperial Bank does not make any warranties or representations that content shall be 100% safe and secure;
9.2 Imperial Bank is under no legal duty to encrypt any content or communications from and to the Imperial Bank website and is also under no legal duty to provide digital authentication of any page on the Imperial Bank website;
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Imperial Bank website or the server and computer network that support the Imperial Bank website;
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Imperial Bank website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Imperial Bank harmless against any and all liability, damages and losses Imperial Bank and its partners / affiliates may suffer as a result of such damaging code;
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Imperial Bank website and Imperial Bank reserves the right to claim damages any and all persons concerned with a security failure or breach; and
9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Imperial Bank and its partners / affiliates.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Imperial Bank (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1
access to the Imperial Bank website;
10.1.2
access to websites linked to the Imperial Bank website;
10.1.3 inability to access the Imperial Bank website;
10.1.4 inability to access websites linked to the Imperial Bank website;
10.1.5 content available on the Imperial Bank website;
10.1.6 services available from the Imperial Bank website;
10.1.7 downloads and use of content from the Imperial Bank website; or
10.1.8 any other reason not directly related to Imperial Bank’s gross
negligence.
10.2 The Imperial Bank website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Imperial Bank, that the content available from and through the Imperial Bank website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;
10.3 Nothing on this site should be construed as solicitation, offer, advice, recommendation, or any other service to acquire or dispose of any financial advice or investment, or to engage in any other financial transaction or investment. The content and/or information contained on this site are provided for your informational and educational convenience only. Nothing on this site should be relied on and Users should consult with an authorised financial advisor prior to making any financial decisions;
10.4 Information, ideas and opinions expressed on the Imperial Bank website should not be regarded as professional advice or the official opinion of Imperial Bank and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the Imperial Bank website;
10.5 Imperial Bank does not make any warranties or representation that content and services available from the Imperial Bank website will in all cases be true, correct or free from any errors. Imperial Bank shall take all reasonable steps to ensure the quality and accuracy of content available from the Imperial Bank website and encourage Users to report incorrect and untrue information subject to the right of Imperial Bank to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and
10.6 Imperial Bank does not make any warranties or representations that the Imperial Bank website shall be available at all times. Users acknowledge that the Imperial Bank website may be unavailable due to updates or other causes beyond the reasonable control of Imperial Bank, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Imperial Bank website to Imperial Bank and Imperial Bank undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Imperial Bank’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Imperial Bank website, its staff and employees; and
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 These terms and conditions constitute the entire agreement between Imperial Bank and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Imperial Bank from the User;
13.2 Any failure by Imperial Bank to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Imperial Bank agree that:
14.1
the User shall be bound to these terms and conditions
and such agreement is concluded in
14.2 data messages (as defined in the ECT Act) addressed by the User to Imperial Bank shall only be deemed to have been received if and when responded to and an automated response is not a response for this purpose;
14.3 data messages (as defined in the ECT Act) addressed to the User by Imperial Bank shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to Imperial Bank shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Imperial Bank; and
14.6 The User agrees and warrants that data messages that are sent to Imperial Bank from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
15. APPLICABLE AND GOVERNING LAW
Subject
to clause 5.5, the Imperial Bank website is hosted, controlled and operated
from the
16. LEGAL COSTS
Imperial Bank shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© BUYS INC 2005. LICENSED TO IMPERIAL BANK. ALL OTHER RIGHTS RESERVED. UNAUTHORISED COPYING, USE AND DISTRIBUTION PROHIBITED
VERSION: 14 NOVEMBER 2005