EBank Debit Card Terms and Conditions

Transcription

1 c/o Sinclair & Schanzen Road, Windhoek, Namibia P O Box 97438, Windhoek, Namibia T , F E info@ebank.na, EBank Debit Card Terms and Conditions Debit Card Terms and Conditions V1.1 Document Name: Debit Card Terms and Conditions V1.1 Document Version: V0.1 Original Author: John Hamman Last Edited Date: 07 July 2015 EBank Limited Reg no 2011/0591 Directors: Yvonne Dausab, Coenraad Johannes Jonker*, Monica Kalondo, Michael Mambo Mukete, Jens Gerald Riedel, Martin Kaali Shipanga, John Frederick Steytler (* South African)

2 DOCUMENTATION INFORMATION Item Description Document Name Debit Card Terms and Conditions V1.1 Project Code Document Version V1.0 Document Author John Hamman Status Final for release DOCUMENT VERSION HISTORY Version Author Date Comment V0.1 draft John Hamman 18/06/2014 Draft Creation V0.2 draft Gerald Riedel 04/06/2015 Review and edit V0.3 draft Geraldine 01/07/2015 Legal review Rabe (ENS) V1.0 Gerald Riedel 06/07/2015 Final review V1.1 Bronwen Chase 07/07/2015 Minor edits DISTRIBUTION LIST Name Gerald Riedel John Hamman Hennie Jonker Ockert Harms Bronwen Chase 2 P age

3 EBank Debit Card Terms and Conditions Please read the terms and conditions set out in this document carefully. If you do not understand any part of these terms and conditions or how they apply to you, or if you would like to get more information, please contact our Client Service Centre at with your questions or concerns. You must pay careful attention to these terms and conditions as it includes statements that are deemed to be acknowledgments of fact by you, or may limit or exclude your rights and remedies against EBank and/or place various risks, liabilities, obligations and responsibilities on you. 1. Introduction 1.1. EBank Limited ( EBank ) is registered as a banking institution by the Bank of Namibia and offers clients banking services, predominantly via electronic channels EBank gives you the ability to transact on your EBank Account using an EBank debit card linked to your EBank Account These EBank Debit Card Terms and Conditions should be read together with the EBank General Terms and Conditions which are available on the EBank website ( When you open one or more EBank Accounts, you enter into an agreement with EBank. These Debit Card Terms and Conditions in conjunction with EBank s General Terms and Conditions and the Internet and Mobi Terms and Conditions, as changed or replaced by EBank from time to time, will form the whole of the agreement between you and EBank If there is a conflict between these Debit Card Terms and Conditions and any other terms and conditions, the provision of the other terms and conditions will apply unless the conflict relates to the use of the Card, in which case the provisions of these Debit Card Terms and Conditions shall override the other terms and conditions. 2. Definitions 2.1. "EBank Account" means the transaction account which a client can open with EBank either through choosing an EBank Easy or an EBank Smart solution allowing you to deposit and withdraw money, send money as well as buy products and services from selected retail partners; 2.2. "Activation" refers to the Card linking process through your cell phone by means of which a Card is linked to your EBank Account in accordance with the procedure set out in paragraph 5 below and, if successful, you will be able to use the Card to effect Card Transactions from your EBank Account; 2.3. "ATM" means an Automated Teller Machine; 2.4. "Authentication Measures" means the techniques, methods and processes used to verify the identity of the Client and the Card Transaction; 2.5. "Card" means an EBank Easy Debit Card or EBank Smart Debit Card issued by EBank pursuant to a licence by Mastercard Asia/Pacific Pte.Ltd.; 2.6. "Card Transaction" means one or all of the following transactions done by means of the Card: 3 P age

4 Withdrawal of cash at an ATM; Purchase of goods and/or services at a POS; Obtaining an EBank Account balance at an ATM; Pre-authorization transactions at a POS (EBank Smart Debit Card only); Online purchases (EBank Smart Debit Card only); 2.7. "Client" means you, the individual who has decided to buy and link the Card to your EBank Account; 2.8. EBank Easy Debit Card means a single message debit card issued by EBank that can only be used to perform Card Transactions (other than pre-authorization transactions or online purchases) within Namibia; 2.9. EBank Smart Debit Card means a dual message debit card issued by EBank that can be used locally within Namibia as well as internationally to perform any Card Transactions; "Limits" refers to both ATM and POS daily Card Transaction limits set out in paragraph 8 below, which are set or changed by EBank in accordance with rules and regulations issued by the Payments Association of Namibia, from time to time; "Merchant" means any business that sells goods and/or services and is enabled by a licenced bank to accept a debit MasterCard as a payment method; "PIN" means the Personal Identification Number for your Card, selected by you, which is used as a security and authentication measure for your Card Transactions; and "POS" means a point of sale device, which is the physical device used by a Merchant to process your payment / Card Transaction. 3. How to qualify for a Card 3.1. Any person who has opened an EBank Account qualifies for a Card, subject to the identity of such person having been appropriately validated by EBank by means of verification against the person s original identity document or passport EBank reserves the right to refuse the linking of a Card to an EBank Account until such time that the account holder has presented EBank with his/her original identity document or passport and EBank is satisfied that such original identity document or passport is valid An EBank Smart account holder will have the option to link up to two Cards to his/her account, which may either be two EBank Easy Debit Cards or two EBank Smart Debit Cards or one of each An EBank Easy account holder may only link one EBank Easy Debit Card to his/her account and cannot link an EBank Smart Debit Card to his/her account. 4. Purchase of the Card 4.1. You can buy a Card at the EBank Client Service Centre or at specific retail outlets as advised by EBank from time to time by publication on the EBank website ( It is your responsibility to ensure that you buy the appropriate Card (either an EBank Easy Debit Card or EBank Smart Debit Card) as an EBank Easy account holder cannot link an EBank Smart Debit Card to his/her account. 4 P age

5 4.3. EBank does not assume any responsibility for any losses or damages incurred by you in the event that you purchase the incorrect Card type and EBank will not refund you for the purchase price of the Card in such an event An EBank Easy account holder will be refunded for the purchase price of an EBank Easy Debit Card by means of a direct credit to his/her EBank Account, unless the account holder has received the Card for free or unless linking of the Card to your EBank Account has been refused in terms of paragraph 3.2 or An EBank Smart account holder will not be refunded for the purchase price of an EBank Easy Debit Card or EBank Smart Debit Card. 5. Linking of the Card 5.1. Upon purchasing and opening the Card package, you must sign the reverse side of the Card in the space provided with permanent ink As soon as possible after purchasing the Card, you must then link the Card to your EBank Account through your cell phone by taking the following steps: Dial *140*140# on your cell phone; When prompted, key in your secret PIN to enter your EBank Account; Select Card from the main menu; Select link Card ; Confirm that you have read, understood and agree to be bound by the EBank Debit Card Terms and Conditions. To view these Terms and Conditions, go to Enter the 8 digit number displayed on the back of your Card under the barcode; Enter the last 4 digits of the Card number displayed on the front of your Card and log out You will receive notification from EBank whether or not the linking of your Card to your EBank Account was successful After successfully linking your Card to your EBank Account, you must set your secret PIN (containing 4 digits) for your Card within 48 hours of linking the Card to your EBank Account. You must set your 4 digit secret card PIN by dialling *140*140# on your cell phone and you will then be prompted to set your 4 digit secret card PIN. If your PIN is not successfully set within 48 hours from linking your Card, the Card will be cancelled on EBank s system and you will not be able to use the Card Note that EBank will reject the linking of your Card to your EBank Account if EBank has not yet verified your identity against your original identity document or passport You are the only person who may use the Card purchased by you and linked to your EBank Account. The Card cannot be transferred to any other person for use. EBank will not be liable to you if you allow any person to use your Card or you disclose your Card number or your secret PIN and if you suffer losses as a result The Card is valid from the date that you successfully link the Card to your EBank Account and set your secret card PIN until the date of expiry and/or notice from EBank that the use of the Card is terminated, and/or your EBank Account is closed. 5 P age

6 6. Responsibility for the Card 6.1. The card numbers printed on the front and back of your Card, the expiry date of the Card, the Authentication Measures and your PIN are strictly confidential and must be known only by you. You must not under any circumstances disclose such information to any person other than in a bona fide Card Transaction with a counterparty that you have verified and confirm to be trusted You are responsible for the safekeeping and appropriate use of the Card You acknowledge that use of the Card results in amounts being debited from your EBank Account and therefore you must take all necessary precautions to prevent the Card from being lost, stolen or used by any other person or party and/or that any of the Authentication Measures become known to any unauthorised person Your Card PIN is strictly confidential. Do not disclose your Card PIN to anyone, and specifically not to any EBank employees If the Card is lost or stolen or you suspect that your Card is used by another person, you must immediately contact the EBank Client Service Centre at (during office hours) or at (after hours) to stop the Card You can also stop the Card via any of the following electronic channels offered by EBank: EBank s USSD menu: Dial *140*140#, enter your secret PIN to access your EBank Account, select Card, select Stop Card ; EBank s mobi site: Open your phone s internet browser, visit mobi.ebank.na, enter your login details, select Card, select Stop Card or Suspend Card ; EBank s internet banking site: Open your computer s internet browser, visit ebank.na, enter your login details, select Card, select Stop Card or Suspend Card EBank will send you a notification via SMS to your cell phone each time a Card Transaction has been performed on your EBank Account and you are therefore responsible to immediately stop your Card if you receive notification of any unauthorised Card Transaction on your EBank Account. EBank shall however not be responsible if the SMS has not been successfully delivered to your cell phone by the relevant network operator If you do not formally instruct EBank to stop any unauthorised transactions on your EBank Account by contacting the EBank Client Service Centre or by using any of the electronic channels referred to in 6.6 above to cancel or your suspend your Card, you will bear the risk and loss resulting from the unauthorised transactions on your EBank Account. You will be responsible for all cash withdrawn or Card Transactions on your EBank Account, including where the Card PIN is used to withdraw money and/or for payment of goods and services purchased with the Card, until such time as EBank has been notified to stop the Card. You will be responsible for the payment of the Card replacement costs Any fraudulent, incorrect, unauthorised or illegal use of the Card or the Authentication Measures by you shall not relieve you of your liabilities to EBank in respect thereof If you believe your PIN has been compromised (that is, someone else may know your PIN), if you have lost your Card or it has been stolen, you must immediately contact the EBank Client Service Centre at P age

7 1100 or alternatively stop your Card via USSD, EBank s mobi site or EBank s internet banking site as outlined in paragraph 6.6 above You hereby indemnify EBank against any damages, loss or liability, which EBank may suffer as a result of any unauthorised access to your EBank Account and/or use of your Card unless you notify EBank of such unauthorised access and/or use. 7. Use of the Card 7.1. You authorise EBank to debit or credit your EBank Account with all Card Transactions effected EBank will not be liable to you: If any Merchant refuses to accept your Card as payment; or For any goods purchased or services obtained with your Card without your consent, and you will not have the right to claim anything from EBank or to institute any counterclaim (that is, a claim made to offset another claim) against or to apply set-off against EBank on this basis No dispute between a Merchant and yourself, will give you the right to: Be exempted from your obligations for any payments made by EBank to the Merchant; Instruct EBank to stop any payment to such Merchant, or to reverse a payment which has already been made to a Merchant EBank will not be liable for any damages that you may suffer as a result of a network breakdown, systems failure, equipment, and malfunction, defect of your/ any other computer hardware/software, or resulting from events beyond our control in the use of the Card. 8. Limits 8.1. The following limits shall apply to Card Transactions: 7 P age

8 8.2. Although you may request EBank to increase or decrease the transaction limits as permissible in law, you acknowledge that EBank will, within its discretion, impose provisional limits on daily withdrawals and POS transactions at Merchants You must use the Card within the limits as agreed between yourself and EBank, and in accordance with these Terms and Conditions. The Card does not entitle you to exceed the limits In the event that a Card Transaction falls outside of the above transaction limits or other parameters set by EBank, authorisation of the Card Transaction may be denied and/or cancelled by EBank without prejudice to its rights in terms of these Terms and Conditions or in law. 9. ATM and POS Transactions 9.1. The ATM and POS records which you receive when concluding a Card Transaction shall be prima facie proof (that is, proof on the face of it) of the amounts withdrawn by or paid by you through the use of the Card, entitling EBank to debit your EBank Account, unless you can prove otherwise The use of ATM s are at your own risk and EBank will not be liable for any loss or theft resulting from the use by you of an ATM In the event of improper use of the ATM, or unsuccessful attempts to key in your Card PIN at the ATM, the Card will be automatically retained (that is, taken). When a Card is retained / taken by the ATM, the Card will be destroyed. In such an event, you can purchase a new Card at specific retail outlets as advised by EBank from time to time by publication on the EBank website ( and link such new Card to your EBank Account. You will be responsible for the costs of buying and linking the new Card and an EBank Easy account holder will in such instance not be refunded for the purchase price of the new Card EBank shall not be liable for any damage or loss suffered by the Client arising out of: An interruption or failure of power supply to an ATM or POS; Any ATM or POS failure, malfunction or of the Client's general use of ATM or POS services; Any cause whatsoever which may result in the retention/taking of the Card or it being defaced, torn, destroyed or rendered unusable. 10. Charges EBank has the right to debit your EBank Account with service charges and such other charges in respect of Card Transactions as EBank may determine. Such charges will be reflected on your bank statement. 8 P age

9 10.2. The following Card fees apply for the applicable EBank Account: Account Type to which Card is linked Card Type linked to Account EBank Card Fees EBank Easy Ebank Easy Debit Ebank Easy Debit Card Card EBank Smart EBank Smart Debit Card Card fees Monthly Card Fee N$ 0.00 N$ 0.00 N$ 0.00 Annual Card Fee N$ 0.00 N$ N$ Card purchase price N$ N$ N$ Card purchase price rebate upon successful linking N$ N$ 0.00 N$ 0.00 Transaction fees Location of transaction Namibia Namibia Namibia International (outside Namibia) ATM Withdrawal for amount: N$0 - N$500 N$ 8.00 N$ 8.00 N$ 8.00 N$501 - N$1,000 N$ N$ N$ N$1,001 - N$1,500 N$ N$ N$ N$1,501 - N$2,000 N$ N$ N$ N$ % of withdrawal amount Balance enquiry at ATM N$ 3.00 N$ 3.00 N$ 3.00 N$ 5.00 Purchase at POS N$ 3.50 N$ 0.00 N$ 0.00 N$ % of purchase amount Exception fees Invalid PIN entered N$ 3.00 N$ 3.00 N$ 3.00 N$ 5.00 Invalid PIN entered and PIN tries exceeded N$ 5.00 N$ 5.00 N$ 5.00 N$ 5.00 Invalid PIN entered and PIN tries exceeded and card captured by ATM N$ 8.00 N$ 8.00 N$ 8.00 N$ 8.00 Transaction requested with Expired Card N$ 3.00 N$ 3.00 N$ 3.00 N$ 5.00 Transaction requested with Expired Card and card captured by ATM N$ 8.00 N$ 8.00 N$ 8.00 N$ 8.00 Invalid Transaction N$ 4.00 N$ 4.00 N$ 4.00 N$ 5.00 Insufficient Funds for the Transaction N$ 4.00 N$ 4.00 N$ 4.00 N$ 5.00 Daily Transaction Limit Exceeds N$ 4.00 N$ 4.00 N$ 4.00 N$ 5.00 Transaction Cancelled by User N$ 3.00 N$ 3.00 N$ 3.00 N$ 5.00 These fees are inclusive of Value Added Tax. 11. Cancellation of Card EBank reserves the right, at any time to cancel, suspend, repeal or demand the return of the Card, without EBank losing any right to any claim, which EBank may have against you In the event that you want to terminate the right to use the Card, you must destroy the Card by cutting through the chip and magnetic strip of the Card In the event that you fail to destroy the Card as directed above and it is used without your authority, you will be liable for all Card Transactions effected and or charges incurred. 12. Bank Statements You will be able to view or access your bank statement electronically by logging onto EBank s internet banking site at or by going onto EBank s mobi site on your cell phone at mobi.ebank.na. 9 P age

10 12.2. It is your responsibility to check your bank statements You acknowledge and agree that in the event that you fail to advise EBank in writing of any error on your bank statement within 30 (thirty) days of the date of the statement, you shall no longer have the right to rely on such error. 13. Amendments EBank may amend these Terms and Conditions from time to time. Please log onto EBank s internet site to view the most recent Terms and Conditions. Any notices or correspondence which EBank makes available on the internet banking website, the Mobi-site or in the media will be considered to have been received by you on the date it was published. 14. General In the event that EBank allows you any leeway, including any extension of time, it must not be construed as a novation (that is, a replacement of an obligation) or waiver (that is, giving up) of EBank's rights in regard to these Terms and Conditions Every provision of these Debit Card Terms and Conditions is deemed to be separate and severable. In the event that any provision is found to be defective and unenforceable for whatever reason, the provision must be severed from the remaining provisions and the validity of the remaining provisions will continue to be of full force and effect. 15. Personal Information In addition to paragraph 3 of the EBank General Terms and Conditions, you hereby consent to EBank accessing, recording, storing and using the following information pertaining to all Card Transactions ( Transactional Information ): Account balances from time to time; Transactional history, including but not limited to history of purchases, transactional amounts, date, time, place and nature of transactions; Contact details such as, but not limited to, your cell phone number and address For the duration of our agreement, you consent to EBank using this information for the purposes of: Transaction verification and authentication; Fraud detection and risk management; Improving EBank s internal operations and efficiencies; Targeted marketing of EBank s goods and services to you; Targeted marketing of goods and services on behalf of third-party companies, when EBank believes that these offers may be of interest to you and in your interest Provision of analytical ratings about your transactional patterns and behaviours to third-party companies; and Client care data and information, including call centre reports and sales assistance information. 10 Page

11 15.3. EBank will ensure that the Transactional Information data will not be used in an unauthorised manner. 11 P age