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  Terms and conditions of Money Message powered by Nedbank

1 Preamble

1.1 Money Message is a service designed for Sole Proprietors and SMEs, enabling them to accept card payments via the WhatsApp platform.

1.2 The customer receives a WhatsApp message with the details of the transaction and can complete the transaction securely using 3DSecure. The Money Message service enables the user to link one or multiple bank cards to make secure payments. Information is stored in a digital storage facility, allowing only selected information to be transmitted at the user‘s request to a Money Message Merchant for the user to buy products and services.

1.3 The User agrees to these Terms by using Money Message.

2 Definitions

2.1 In these Terms the words mean the following:

2.1.1 3D Secure: Verified by Visa and Mastercard SecureCode.

2.1.2 App: the Money Message through the WhatsApp application for your Device, through which you can pay for Transactions.

2.1.3 App Store: Your Device’s application store provided by Apple, BlackBerry, Android or Windows, as is applicable to you.

2.1.4 Card(s): Your compatible credit, debit, charge and/or cheque card(s) with a PIN, including prepaid card(s).

2.1.5 Default Card: The Card you chose as your default payment option when you registered your Card(s) on Money Message.

2.1.6 Device: The smartphone or tablet that you use to access the App.

2.1.7 Group: Our affiliates, associates, subsidiaries and divisions together with our holding company and its affiliates, associates, subsidiaries and divisions.

2.1.8 Intellectual Property: All inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with such inventions, patents, designs, trademarks, service marks, trade names; copyright, including all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and User data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character, whether registered or capable of registration, rights in the nature of any of the aforesaid items, whether registered or unregistered in any country or jurisdiction, and all applications and rights to apply for protection of any of the same worldwide.

2.1.9 Issuer: The bank or financial institution that issued your Card to you.

2.1.10 Mastercard: Mastercard Worldwide and any of its related companies.

2.1.11 Money Message Merchant: A merchant that is registered as a Money Message Merchant to accept payments securely via the WhatsApp platform.

2.1.13 Nedbank: Nedbank Limited (registration number 1951/000009/06) and its successors or assigns, including the Group, unless otherwise indicated.

2.1.14 Password: The password you have chosen for purposes of the App.

2.1.15 Payment Information: Your Card number and expiration date, billing information and other information about your Card(s), along with your preferred shipping address.

2.1.16 Personal Information: All personal information about you, including information about your race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device’s global positioning system, biometric information and financial, criminal or employment history. For purposes of these Terms and the Money Message service, your Personal Information also includes your Payment Information.

2.1.17 PIN: Personal identification number.

2.1.18 Processing or Process: Any operation or activity, whether automated or not, concerning Personal Information, including: collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination (by means of transmission, distribution or making available in any other form), merging, linking, blocking, degradation, erasure or destruction of information.

2.1.19 Terms: These terms and conditions, which apply to you individually and to your use of the Money Message service.

2.1.20 Third-party Site(s): Any website or content that belongs to a third party that is either featured on the App or is linked to the App.

2.1.21 Transaction(s): Any transaction(s) where you buy any product or service from a Money Message Merchant by transmitting your Payment Information through the Money Message service.

2.1.22User: You, the user of the Money Message service subject to the Terms.

3 Interpretation

3.1  Unless the context indicates a different intention:

3.1.1 weus and our refer to Nedbank Limited, its successors in titles and assigns of 135 Rivonia Campus, 135 Rivonia Road, Sandown, Sandton;

3.1.2 you and your refer to the User using the Money Message service, subject to these Terms;

3.1.3 we have defined some words in these Terms and these words will begin with a capital letter;

3.1.4  singular words include the plural and the other way around; and

3.1.5 important clauses that may limit our responsibility or pose some risk to you will be in bold and italics.

4 Use of the Money Message service

4.1 You must download WhatsApp on your device. Your use of the App is subject to the terms of the App Store you downloaded the App from. You specifically acknowledge and agree that the App Store is not our agent and if you experience any difficulty with the App or if you suffer loss attributable to the App, you must engage directly with the App Store.

4.2 You must add the Money Message number as contact on WhatsApp or receive an invite from a Money Message Merchant to register.

4.3 During the registration process you will be asked to give the following:

4.3.1 Your name and surname.

4.3.2  Your identity number.

4.3.3 Your Payment Information.

4.4  If you have more than one Card registered to Money Message, you can choose which Card to use when making a purchase, either by using your Default Card or by selecting another Card at the time of purchase. There is a limit on how many Cards you may register to the Money Message service.

4.5  You may only use the App on the Device with which you registered for the Money Message service.

4.6  You may use only the latest version of the App. The App Store will notify you of any updates or upgrades that are available to you. If you do not install the latest version, the App may not work correctly and you may experience security or data flaws, for which we will not be liable under any circumstances.

4.7 You may use the Money Message service only on your own behalf.

4.8  The use of the Money Message service is subject to the following:

4.8.1 The Terms.

4.8.2  The terms and conditions of the Money Message microsite , money-message.co.za, including the privacy and security statement, and any other relevant terms.

4.8.3 The App and App Store terms and conditions.

4.8.4 The Money Message Merchant terms and conditions.

4.8.5 Regulations or terms for 3D Secure, authenticated mobile transactions (AMT) and SafeKey or any other authentication process used by your Issuer.

4.8.6  The terms and conditions that govern your use of your Card(s).

4.9 By clicking on ‘accept’, ‘proceed’ or ‘continue’ or by using the Money Message service you represent and warrant that you are at least 18 years of age, capable of entering into a legally binding agreement and the primary accountholder in respect of all the Cards linked to the Money Message service.

5 Transacting with a Money Message Merchant

5.1 When you receive your bill or invoice from a Money Message Merchant ,the Payment Information that you have registered with for Money Message will be used to process your Transaction.

5.2 Each Transaction is subject to the Merchant’s specific terms and conditions, which is a contractual relationship directly between you and the relevant Money Message Merchant. Our inclusion of a Money Message Merchant in the Money Message service does not make up any approval, endorsement or warranty by us of the Money Message Merchant or the products or services it offers.

5.3 You must check that your purchase is correct, not only regarding the contents of your purchase, but also regarding the details of the Money Message Merchant. We will process your instruction to debit your Card for the particular Transaction in real time. Once you have submitted your Transaction, it cannot be reversed.

5.4 We are not responsible for any loss you suffer if you enter the incorrect details for your Transaction.

5.5 We are not responsible for any loss or damage you suffer because you duplicated a purchase and we duplicated the debit.

6 Your rights and obligations

6.1 You must determine if the Money Message service is suitable and adequate for your needs.

6.2 You agree not to use or access the Money Message service carelessly or negligently.

6.3 You agree that you will not use the Money Message service in contravention of any applicable laws, regulations and/or these Terms.

6.4  You must ensure that your use of the Money Message service complies with the terms and conditions of the Cards you use.

6.5 Nothing in these Terms overrides the terms and conditions of your Cards, as agreed with the Issuer, and you must comply with the agreement. If you have any issues regarding any of your Cards, then you must contact your Issuer directly.

6.6  If you have any disputes about any Transaction made through the Money Message service, you must contact the Money Message Merchant with which you did the Transaction.

7 Fees and costs

7.1 Standard data costs will be charged when you download the App and every time you access the App. Your mobile network operator charges these costs. You must send any questions about your data costs to your cellphone network operator.

7.2  You are liable for all charges and debits to your Cards that result from Transactions, including any fees that the relevant Issuer charges.

8 Keeping your Device/App Secure

8.1  If your Device is lost or stolen or is no longer in your possession, you must immediately block your Device SIM card by contacting your cellphone service provider. Thereafter you may reregister the App on a new Device. Neither us nor any of our service providers will be liable for any loss or damage of any kind that may arise as a result of the unauthorised use of Money Message or any Payment Information, either with or without your knowledge.

8.2 If you have completed the registration process and you have captured your Payment Information on the Money Message service, we will be entitled to presume that it is you, the owner of the Device and the holder of the Card account, enabling and using the Money Message service. We will have no further verification obligation.

8.3  All uses of the App, as it relates to the Money Message Service, are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only our authorised employees or agents have access to information related to the App. Notwithstanding the foregoing, the App may have its own terms and conditions that relate to your personal information and how they process this information which you are required to familiarise yourself with prior to accepting these terms and conditions.

9 Processing your Personal Information

9.1 To provide the Money Message Service and improve on the services you receive from us we may Process your Personal Information, including:

9.1.1  information about your Device software and hardware, including the unique internet mobile equipment identity (IMEI) number of your cellphone, the unique integrated-circuit card identity (ICCID) number of your SIM card in your Device, your email address, internet protocol (IP) address, cellphone number, third-party software installed on your Device, installation and uninstallation rates, language of your Device and its manufacturer, screen size and model of the Device and any other technical information;

9.1.2 the date and time, country and the IP address of the Device from which your Device is connected to our back-end server;

9.1.3  geographic location information based on your cellphone network operator’s tower details, the global positioning system (GPS) or Wi-Fi communications network location;

9.1.4  the Personal Information you give when you enter one of our competitions or promotions, complete a survey or report a problem with us;

9.1.5  a record of the correspondence when you contact us; and

9.1.6  details of your use of the Money Message service, including traffic data, location data, weblogs and other communication data that you access.

9.2  We Process the above information for the following purposes:

9.2.1  To ensure that the Money Message Service is presented in the most effective manner for you and for your Device.

9.2.2  To monitor and analyse the conduct on the Money Message Service for fraud, compliance and other risk-related purposes.

9.2.3  To process your Transaction.

9.2.4  To verify your identity.

9.2.5  To carry out statistical and other analyses to identify potential markets and trends.

9.2.6  To develop new products and services.

9.3  We will keep your Personal Information only for the purposes described in these Terms.

9.4  We reserve the right to monitor your usage of the App to ensure compliance with the Terms.

9.5  You acknowledge that:

9.5.1  we will always remain responsible for determining the way in which we Process your Personal Information;

9.5.2  we are required by various laws to Process some of your Personal Information, without which we may be unable to offer the Money Message service to you; and

9.5.3  you give us your Personal Information voluntarily.

10 Disclosure of Personal Information

10.1  We will treat your Personal Information as confidential and will not disclose your information to third parties, except as permitted under these Terms or where we are legally compelled to do so.

10.2  You acknowledge and consent that:

10.2.1  we may disclose your Personal Information when it is necessary for us to disclose it to perform Transactions with other entities, including Issuers, financial institutions and/or entities that process card transactions and assist with payment transaction processing;

10.2.2  we may disclose your Personal Information to our legal advisors, financial advisors, auditors or a competent court in connection with any legal proceedings; and

10.2.3  the information we Process may be used by any member of the Group worldwide, including in countries that may have less stringent data privacy laws than your country.

11 Processing and disclosure of non-personal information

11.1  We also process information from you that does not identify you as an individual. We may Process and disclose such information for any purpose.

11.2 You acknowledge that we own and retain all rights to non-personal statistical information that we collect and compile.

12 Third-party Sites

12.1 Third-party Sites are included only for your convenience and do not constitute any approval, endorsement or warranty by us. When you click on a link to or in a pop-up of a Third-party Site, you will leave the Money Message service. We will not collect or control any Personal Information you submit after you leave the Money Message service. Such information will be subject to the privacy notice or terms of use applicable to the Third-party Site. It is your responsibility to review those policies before submitting your information to the Third-party Site. You provide your information to Third-party Sites at your own risk. You indemnify us from any loss and/or damage you incur as a result of your access to or use of any Third-party Site.

12.2 You agree that we are not liable for any of the following:

12.2.1  The content, security, operation, use, accuracy or completeness of any such Third-party Sites, or the products or services that may be offered or obtained through them, or the accuracy, completeness or reliability of any information obtained from them.

12.2.2  The ownership or right of use of any licensor of any software provided through any Third-party Site.

12.2.3  Any content featured on Third-party Sites that are accessed through the links found on the App.

12.2.4  Any failure or problem that affects the products or services of a Third-party Site, for example any failure of a telecommunication service provider, an internet service provider, an electricity supplier, or a local or other authority.

13 Indemnity

13.1 In addition to what is said elsewhere in these Terms, you agree to indemnify us and our business partners, their officers, employees, representatives and affiliates from and hold them harmless against any and all direct, indirect, incidental, special, punitive or consequential losses, claims, liabilities, damages, losses, fines, penalties and expenses (including legal and other professional fees) arising from or in any way related to:

13.1.1your use of the Money Message Service as specified in these Terms;

13.1.2your breach of these Terms or applicable law;

13.1.3your negligence or wilful misconduct; or

13.1.4your violation of any third party’s rights, including any Intellectual Property rights.

14 Disclaimer

14.1 We provide the Money Message service ‘as is’ and with all faults. We disclaim all warranties, express and implied, including:

14.1.1any warranties of merchantability, quality of information, quiet enjoyment, non-infringement, title or fitness for a particular purpose; and

14.1.2that the Money Message service or any Third-party Site will be error-free, uninterrupted, free from spyware, malware, adware, viruses, worms or other malicious code, or will function to meet your requirements.

14.2 You specifically acknowledge that we do not have any control over whether all your Transactions with a particular Money Message Merchant will be completed or whether the Issuer will authorise the Transactions that you initiate.

15 Limitation of liability

15.1 We are not and will not be liable to you for any direct, indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including any personal injury, property damage, loss of use, penalties, fines, loss of business, economic loss, loss of data, or loss of profits arising out of or in connection with:

15.1.1these Terms;

15.1.2any defect, fault, malfunction and/or delay in your Device hardware and/or software;

15.1.3any technical or other problem (interruption, malfunction, downtime or other failure) that affects the Money Message service, our banking system, a third-party system or any part of any database for any reason not attributable to us;

15.1.4any dispute about a Transaction (including any errors in the descriptions of the products or services that are offered or the actions or inactions of any Money Message Merchant);

15.1.5your use of your Device, including any lack of attention to your surroundings resulting from such use;

15.1.6any Personal Information or other data that is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence; and

15.1.7any event that we have no control over, such as you having enough money on your Card, your network’s coverage or availability or your Device’s capability or capacity.

16 Termination and suspension

16.1  You may deregister from using the Money Message service at any time.

16.2  We may immediately terminate or suspend your use of the Money Message service at any time without notice. This may include the following:

16.2.1  If we suspect fraud or illegal, unauthorised or improper conduct.

16.2.2  If we suspect that we are exposed to any risk through your use of the Money Message service.

16.2.3  If we are required by law to do so or are so ordered by a competent court.

16.2.4  If we suspect that your Device, SIM card or your PIN is being used, has been used or is likely to be used in an unlawful or unauthorised manner.

16.2.5  If we suspect that you are attempting to compromise or interfere with the Money Message service systems.

16.2.6  If we Suspect that your use of the Money Message service violates any of these Terms or is in contravention of any applicable law or regulations.

16.3  Where we terminate your use of the Money Message service, all rights we granted you for the Money Message service will cease immediately.

17 Intellectual Property

17.1  All Intellectual Property rights used in connection with the Money Message service or contained in documents (in electronic form or otherwise) relating to the Money Message service belong to us or our licensors (and licensees). You do not have any Intellectual Property rights in the Money Message service or in any improvements or variations that may be made to them.

17.2  You may not copy, adapt, modify, alter, decompile, reverse-engineer, attempt to derive the source code of or create derivative works of, or otherwise attempt to reproduce the Money Message service, its contents, including any Intellectual Property therein, its design, any updates to the App and/or any proprietary features in relation to it, or any parts of that. This prohibition extends to any and all Third-party Sites that are found on the App and/or any content featured on the Third-party Sites that is accessed through links that are found on the App.

17.3  You acknowledge that you will not:

17.3.1  in any way represent that you have any rights of any nature in any current and future Intellectual Property belonging to us and/or any third parties featured on the App;

17.3.2  apply for or obtain registration of Nedbank’s current and future Intellectual Property that may be confusingly similar to that in any country;

17.3.3  challenge our rights to our current and future Intellectual Property in any country;

17.3.4  do or omit to do or cause to be done any act or thing that would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair our current and future Intellectual Property or the reputation and goodwill associated with that or with us and/or any third party featured on the App, or which would be expected to jeopardise or invalidate any registration of our current and future Intellectual Property;

17.3.5  use, register or attempt to register as trade names, corporate names, business names, logos, domain names, metatags, meta descriptors, email addresses, server names or search engine markers anything that is identical to, contained in whole or in part in, or is otherwise confusingly similar to, our current and future Intellectual Property in any country; or

17.3.6 establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the App without our prior written consent.

17.4 You indemnify us against all actions, claims, costs, demands, expenses and other liabilities we suffer or incur as a result of any third-party claims initiated and/or instituted against us relating to your unauthorised use of the Money Message service, the App, the content of that and/or any other Intellectual Property rights flowing from that.

17.5  Nothing contained in these Terms nor the Money Message service will be interpreted as granting, by implication or otherwise, any licence or right to use any Intellectual Property without our written permission or thet of Mastercard or such other party that may own the trademark.

17.6  The Mastercard, Masterpass and the Mastercard brandmarks are registered trademarks of Mastercard.

17.7 Any breach under this clause entitles us, in addition to our normal common-law remedies, to take legal action without prior notice to you, and you agree to reimburse the costs associated with such legal action to us on an attorney-and-own-client scale..

18 Address for notices and legal proceedings

18.1  We choose the registered address at Nedbank, 135 Rivonia Campus, 135 Rivonia Road, Sandown, Sandton, 2191 as the address where any legal document or notice must be served or delivered to us.

18.2  We will send any legal documents or notices to you at the address Nedbank has for you on record.

18.3  We may send any other written communication to your street, postal or email address, or through the App message system. We will regard a communication sent by email as having been received by you one day after it was sent.

18.4  Any legal document of notice to be served in legal proceedings must be written on paper. The relevant provisions of the Electronic Communications and Transactions Act, 25 of 2002, do not apply to these legal documents or notices.

19 General

19.1  The Terms will be governed by the laws of South Africa as well as the rules and regulations for 3D Secure, AMT and SafeKey or any other authentication process used by your Issuer, as stipulated by the Payments Association of South Africa.

19.2  These Terms apply together with the current versions of the respective conditions and disclaimers that are incorporated by reference into these Terms.

19.3  If a clause in these Terms is invalid, illegal or unenforceable, it will not affect the validity, legality or enforceability of the remaining clauses of these Terms.

19.4  If we do not exercise or enforce any right or provision of the Terms, it will not form a waiver of such right or provision.

19.5  Any references to legislation, rules or regulations will refer to the same as are changed from time to time.

19.6  We may update these Terms at any time, after we have given you written notice. Your continued use of the Money Message service will be deemed an acceptance of the Terms.