1. INTRODUCTION
1.1 | These terms apply to you and to your use of the Service. It is a binding legal agreement between you and us. |
1.2 | These Terms must be read together with the Digital Banking terms and the Standard Bank website terms. |
1.3 | You accept these Terms by using the Service. The latest version of the Terms applies to you each time you use the Service. |
1.4 | Please carefully read and fully understand these Terms as they impose legally binding obligations on you and contain exclusions and limitations of our liability that affect you. |
1.5 | Important clauses that may limit our responsibility or involve some risk for you will be in bold and italics or highlighted and you must pay special attention to them. |
1.6 | It is your responsibility to determine whether the Service is suitable for you. You assume all risks associated with your use of the Service. |
2. DEFINITIONS
We have defined some words for consistency. These words are indicated with initial capital letters. Singular words include the plural and vice versa.
Access Codes | Any of your secret numbers used to access our banking facilities, including your personal identification number (PIN) or one-time password (OTP), card numbers, other passwords, user names or email addresses. |
Account | An active personal or business transactional account held with Standard Bank and which can be used to pay for the Service. |
Device | The device you use to access Mobile App Banking or Digital Banking, for example a cell phone, smartphone, tablet, telephone or smart television or any similar technology. |
Digital Banking | Banking you do on a Device. |
Foreign National | A natural person who has taken up temporary or permanent residence in South Africa in terms of a valid permit. |
Group | Standard Bank Group Limited, its subsidiaries and their subsidiaries. |
Mobile App Banking | Banking with us by means of the SBG Mobile App that you have downloaded onto your Device. |
Participating Municipalities | Syntel municipality, APS municipality and AARTO with whom we have contracted with to enable us to provide you with the Service. |
Password | Any of the secret characters (letters, numbers and symbols) you use to access the SBG Mobile App or your Digital Banking Profile. |
Resident | A resident of South Africa who holds a valid green bar-coded South African identity document or a smart identity card. |
Personal Information | Information about an identifiable, natural person and, where applicable, a juristic person, including information about: race; gender; sex; pregnancy; marital status; nationality; ethnic or social origin; colour; sexual orientation; age; physical or mental health; well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial, criminal or employment history; any identifying number, symbol, email, postal or physical address, telephone number; location; any online identifier or any other particular assignment to the person; biometric information; personal opinions, views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person. |
Processing | Any operation or activity, automated or not, related to Personal Information, including: alteration, blocking, collation, collection, consultation, degradation, destruction, dissemination by means of transmission, distribution or making available in any other form, erasure, linking, merging, organisation, receipt, recording, retrieval, storage, updating, modification or use. Process and Processed will have a similar meaning. |
Profile | The profile we give you to identify you when you sign up for Digital Banking or Mobile App Banking. |
SBG Mobile App | The Standard Bank Group Mobile Application. |
Service | The traffic fines payment service, provided by us to you on the SBG Mobile App and Internet Banking which enables you to make traffic fine payments issued by Participating Municipalities. |
we, us, our | The Standard Bank of South Africa Limited (Registration number 1962/000738/06) and its successors or assigns; the Standard Bank Group. |
you or your | Referring or relating to the person using the Service who can be a Resident or a Foreign National and who is an Account holder. |
3. ADDITIONAL INFORMATION
We have made reference in these Terms to other information that may apply to you by providing the web addresses. To view the information, you will need to copy the entire web address (starting with "http://" or "https://" and ending with ".html" or ".co.za") and paste it into your browser. You must read all the linked information that applies to you, because it forms part of the Terms. If you cannot read any of this information, you must visit our website at www.standardbank.co.za or call us through the Customer Contact Centre on 0860 123 000. |
4. ELIGIBILITY FOR SERVICE
4.1 | You must be a Standard Bank client with access to Internet Banking or registered for Mobile App Banking to use the Service. |
4.2 | You must have an Account in good standing with us to use the Service. |
4.3 | You must have enough funds in your Account to cover payment of the traffic fine(s) you select for payment. You must also have enough funds to cover any fees which may be applicable for your use of the Service. Fees are dependent on the type of Account you have with us. |
4.4 | The Service applies only in respect of traffic fines issued by Participating Municipalities against any of your motor vehicle(s) registered in any of the nine provinces of South Africa. |
5. USING THE SERVICE
5.1 | You can access the Service by logging into Internet Banking or Mobile App Banking using your Access Codes and Password. |
5.2 | The information which we provide to you in respect of traffic fines is obtained from Participating Municipalities. We will only ever display traffic fines linked to your identification number from Participating Municipalities. You may have other traffic fines linked to your identity number which are issued by other municipalities. |
5.3 | We are not responsible for any loss you may suffer if any of the Participating Municipalities provide us with the incorrect traffic fine information. |
5.4 | We may display up to 10 (ten) traffic fines at a time (where applicable) on which you can choose to make payment using your Account. There is no order in which traffic fines may be paid. You can choose which traffic fine(s) you wish to make payment on. |
5.5 | Payment to Participating Municipalities are immediate, and you will receive an on-screen message confirming that payment has been made. You will be able to download a proof of payment from your payment history on the Mobile Banking App or on Internet Banking. |
5.6 | You cannot choose to make a partial payment in respect of any traffic fine. You will not be able to amend the payment amount or any of the standard traffic fine information provided to us by Participating Municipalities such as (i) the notice number, (ii) payment due date or (iii) reason for the traffic fine. You must pay the full amount displayed in respect of any such traffic fine(s) you select for payment. |
5.7 | You may not use your UCount loyalty rewards points or any other voucher or similar rewards or electronic credits to make payment of a traffic fine. |
6. FEES
6.1 | Depending on what Account you hold with us, we may charge you a fee for the Service. Should such fees be applicable, it will be charged to your Account. |
6.2 | The Standard Bank fee for the Service provided may change from time to time. |
7. INSTRUCTIONS
7.1 | When you use the Service, you understand that you communicate with us using a Device, so there is no direct personal contact between you and us. |
7.2 | We will act on all instructions that appear to come from you, even if they are actually coming from someone pretending to be you. We will assume that any activity or instruction that we receive from you while you are using the Service is genuine. Even if someone else used your Profile or Password to use the Service, we will carry out the instruction as if you have authorised it. |
8. SECURITY FOR THE SERVICE
8.1 | We are not responsible for any loss or damage you may suffer because someone uses your Password or your Device to use the Service. We advise you to password-protect your Device against any fraudsters/hackers impersonating you. |
8.2 | We will never ask you by email or SMS or through other digital messaging to access a link. You must never respond to requests through an email (phishing), SMS (smishing), telephone call (vishing) or other digital message to enter or "confirm" your Access Codes or transfer money. There are also other types of fraud, such as SIM card swops (where a fraudster accesses your SIM card information and intercepts messages, we send to your cell phone number). You must be careful at all times. |
9. USING AND SHARING YOUR PERSONAL INFORMATION
9.1 | You give consent for us to collect your Personal Information from you and, where lawful and reasonable, from public sources for credit, fraud prevention and compliance purposes, as well as for the purposes set out below. |
9.2 | You confirm that, if you give us Personal Information about or on behalf of other persons (including account signatories, shareholders, principal executive officers, trustees and beneficiaries), you are authorised: |
9.2.1 | to give us the Personal Information; |
9.2.2 | to consent on their behalf to the processing of their Personal Information, and specifically any cross-border transfer of Personal Information to, from and outside the country where the products or services are provided; and |
9.2.3 | to receive any privacy notices on their behalf. |
9.3 | You give consent for us to process your Personal Information for the following purposes and in the following ways: |
9.3.1 | to enable us to provide the Service to you; |
9.3.2 | to provide and any other products and services for which you may apply; |
9.3.3 | to carry out statistical and other types of analyses to identify potential markets and trends, and to evaluate and improve our business (this includes improving existing products and services and developing new ones); |
9.3.4 | in countries outside the country where the products or services are provided. (These countries may not have the same data protection laws as the country where the products or services are provided. Where we can, we will ask the receiving party to agree to our privacy policies.); and |
9.3.5 | within the Group. |
9.4 | You will find our processing practices in the Group’s and our privacy statements. These statements are available on the Group’s websites or on request. |
9.5 | If you are unsure about your tax or legal position because your Personal Information is processed in countries other than where you live, you should get independent advice. |
10. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
10.1 | You acknowledge that we do not issue or provide you with traffic fines, but only help you to (i) display what traffic fines have been against your name and identity number from Participating Municipalities and (ii) facilitate the payment of any such traffic fines (as selected) to the selected Participating Municipalities using your SBG Mobile App or Internet Banking. |
10.2 | Your use of the Service depends on factors beyond our control, such as the network coverage or availability of your mobile network operator. We are not responsible and cannot be blamed for any loss you may suffer if you cannot access the SBG Mobile App or Internet Banking because of this. |
10.3 | Information in respect of all traffic fines are provided "as is" and we will not be responsible for any loss that you may suffer if you rely on it. |
10.4 | We are not responsible for any loss you may suffer, or any damage caused as a result of your use of the Service, whether or not the loss or damage was due to factors within our control. |
10.5 | We are not responsible for any loss caused by the following: |
10.5.1 | any technical failure, delay, industrial action or other problems (interruption, malfunction, downtime or other failures) that are beyond our control that affects the Service, our banking system or a third party system including any technical errors or other issues experienced by the Participating Municipalities or any third parties that support such Participating Municipalities; |
10.5.2 | loss of or damage to any Personal Information or other information because of technical problems, power failures, unlawful acts (such as data theft), a harmful computer program or virus, or your own negligence (lack of care). |
10.6 | You indemnify us against any and all claims or losses we or any third party may suffer as a direct or indirect result of your use of the Service. |
11. WARRANTIES (PROMISES) MADE BY YOU
11.1 | You confirm that: |
11.1.1 | you have full contractual capacity and no court has declared you mentally unfit; |
11.1.2 | you have given us the correct information; and |
11.1.3 | you have read and understood these Terms before making use of the Service. |
12. ANNOUNCEMENTS ABOUT CHANGES OR UPDATES TO THESE TERMS
12.1 | We may make announcements to you about changes or updates to these Terms. We may do this through the SBG Mobile App or our website or by sending you an email or SMS or using other communication technology. |
12.2 | If an announcement about the Terms has contractual (legally binding) terms relating to the Service, these new or updated terms will be regarded as being included in these (original) Terms. |
12.3 | By continuing to use the Service, you agree to these updated changes. |
13. HOW DISAGREEMENTS OR DIFFERENCES WILL BE RESOLVED
13.1 | If you have a complaint about your use of the Service or these Terms, please follow our complaints process, which is available at: https://www.standardbank.co.za/secure/CRC/Ombudsman.html. |
13.2 | If you are not happy with the way the complaint is settled once you have followed this process, you may send the complaint to the Ombudsman for Banking Services (Ombudsman) or a similar forum. |
13.3 | The contact details for the Ombudsman are in clause 10 of the Code of Banking Practice. This is available in branches or online at http://www.standardbank.co.za/site/Code_Banking/COBP%20Final_2012_2.html. |
13.4 | We have also included the Ombudsman’s contact details at the end of this document. |
13.5 | You may approach any South African court of law that has jurisdiction (authority in this area). |
14. WHERE LEGAL DOCUMENTS AND NOTICES WILL BE SENT
14.1 | We choose the registered address on our website at http://www.standardbank.co.za as the address where any legal document or notice must be served or delivered to us (our domicilium citandi et executandi). |
14.2 | We will send any legal documents or notices to you at the address we have for you on our records. |
14.3 | We may send other written communication or notices to your street, postal or email address. |
14.4 | Any legal document or 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 (for example sections 11 and 12) do not apply to these documents or notices. |
14.5 | You may also approach any South African court of law that has jurisdiction (authority in this area). |
15. LAW GOVERNING OUR RELATIONSHIP
South African law will govern these Terms. |
16. GENERAL PROVISIONS
16.1 | Headings in these Terms are for information only and may not be used to interpret these Terms. |
16.2 | South African time applies when any dates or times are calculated. |
16.3 | If any dispute results from technical issues related to the Service, a court or an arbitrator will interpret these Terms practically, without focusing too much on technical issues. |
16.4 | No extension of time or other indulgence we may allow you will affect any of our rights, whether such extension or indulgence is express or implied. We do not waive (give up) any of our rights. |
16.5 | If any clause in these Terms is invalid or illegal or cannot be enforced, the other clauses will still be valid. |
16.6 | You are responsible for making sure that you never use the Service for any illegal purpose. You will be legally responsible for any illegal transactions that you make. |
17. CLIENT CONTACT INFORMATION
17.1 | If you have any questions about the Service or do not understand anything about these Terms, please contact us through the Client Contact Centre or by sending us an email at information@standardbank.co.za. |
17.2 | We will try to resolve queries as quickly as possible, but this may be subject to delays beyond our control because we are reliant on third parties. |
17.3 | For all enquiries or disputes relating to traffic fines, please contact the municipality that issued the traffic fine directly. |
17.4 | If you still have a problem and you are not happy with the way we dealt with a problem, you may contact the Ombudsman for Banking Services as follows: |
17.4.1 | By telephone on 0860 800 900 or 011 838 0035; |
17.4.2 | By email at info@obssa.co.za; or |
17.4.3 | Through their website at http://www.obssa.co.za. |