Personal and Business Banking

MOBILE APPLICATION BANKING TERMS AND CONDITIONS (TERMS)

1. INTRODUCTION

These Terms form an agreement between you and us, so please make sure that you understand all of them. You agree that you will only use the Mobile App in line with these Terms and any additional terms mentioned below that may apply, including any terms and conditions incorporated in these Terms by reference and applicable laws, rules and regulations. Important clauses, which may limit our responsibility or involve some risk for you, will be in bold and italics or highlighted. You must pay special attention to these clauses.

This Mobile App is provided by The Standard Bank of South Africa Limited to enable you to access products and services offered by the relevant Standard Bank Group Company that you bank with (“your Bank”). The terms and conditions applicable to the specific products and services provided to you by your Bank (“Product Terms”) apply when using the Mobile App, and the laws of the jurisdiction from or in which those products or services are provided to you apply accordingly. Where there is a conflict between these Terms and the Product Terms, these Terms will apply.

Please note that some of the products listed in these Terms might not be available in your country of residence, if outside of South Africa.

2. DEFINITIONS

2.1.

We have defined some words for consistency. These words will begin with a capital letter, where indicated. Singular words include the plural and the other way around.

Word Meaning
Access Codes

Any of your secret numbers used to access our banking facilities, including your personal identification number (PIN) or one-time PIN (OTP), card numbers, passwords, user names or email address.

Account

Any account or portfolio, including a Diners Club Account, an insurance policy, and/or online share trading (OST) account and/or Private Client’s investment portfolio, and any Card linked to such account, opened at your request by us in your name, or for which you are responsible.

App Store

Your Device’s application store provided by, for example Apple, Blackberry or Android, as is applicable to you, from which you download the Mobile App.

Card

Any card we issue to you, including a Diners Club Card and any additional card linked to your Account.

Digital Banking

Banking you do on a Device or on a computer, telephone, smart television, ATM or similar technology.

Device

The device you use to access Mobile App Banking such as a cell phone, smartphone and/or tablet or any similar technology.

Diners Club

Diners Club South Africa Proprietary Limited (Registration number 1956/000068/07), its successors in title or assigns.

Diners Club Account

The Diners Club Card account opened in your name.

Diners Club Card

Your personal, corporate or travel Diners Club card, as applicable.

EAP Limit

An electronic account payment limit which you can set on Mobile App banking.

Group

Standard Bank Group Limited, its subsidiaries and all their subsidiaries.

Instant Money

The Instant Money service offered to you where you instruct us to send an amount of money to a recipient through an electronic voucher, which the recipient can redeem for cash (South African rand value) at one of our branches, ATMs or at an approved vendor.

Intellectual Property

Without limitation, is 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 above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same.

Intellectual Property Rights

All rights in and to Intellectual Property.

ISP

An Internet service provider, which is an organisation that provides access to the Internet.

Jailbroken Device

Refers to a Device that has been hacked to gain access to areas of the Device that users are prohibited from accessing/handling, usually to unlock the Device to install programs which cannot be installed on the Device or for use with another cellular network, or both.

OTP

A One-Time Pin which you will receive to validate your Transaction and which is valid for one Transaction only.

Participating Bank

Any bank institution in the Republic of South Africa that is able to make payments and receive payments made by means of Immediate Payment.

Personal Information

Information about an identifiable, natural person and or where applicable, a juristic person, including but not limited to 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; 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.

Prepaid Purchases

The purchase of goods and services, including airtime and electricity, and any other goods and services offered by third-party service providers.

Process

Any operation or activity, automated or not, concerning 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 the use of information. Processing, and Processed will have a similar meaning.

Product Terms

Terms and conditions and/or policy documents specific to the product or services that apply to your Account, Card or Transaction.

Profile

The profile that is created when you log onto Digital Banking for the first time that reflects certain products and services you have with us.

Transaction

Any debit or credit on your Account made with or without using the Mobile App, including payments for goods or services, deposits, inter-account transfers, Instant Money transactions, Prepaid Purchases, withdrawals or use of any banking facilities available on this Mobile App that we action on your instruction. Transact has a similar meaning. Transactions are subject to their respective Product Terms.

we, us, our

The Standard Bank of South Africa Limited (Registration number 1962/000738/06) and its successors or assigns, including Diners Club and the Group.

you or your

The person who registered for the Mobile App.

3. ADDITIONAL TERMS

These Terms apply together with the respective current version of the terms and conditions of the website www.standardbank.com, including the privacy and security statement, and any other relevant terms, conditions and disclaimers that are incorporated by reference into these Terms.

4. REGISTRATION FOR MOBILE APP BANKING

4.1

Once you have downloaded the Mobile App onto your Device, you must follow the prompts displayed for registration. Registration will generate a Digital Identity for you. If you already have a Standard Bank Digital Identity, you can use the same Digital Identity to log on to the Mobile App.

4.2

You must register for Mobile App Banking by following the prompts displayed after you have downloaded the Mobile App onto your Device.

4.3

Registration will create your Digital Identity.

4.4

You can have only one Mobile App on a Device at a time, but you can download the Mobile App onto as many Devices as you require. You do not need to re-register for each Device, but you must login as normal with your Digital Identity.

5. USE OF THE MOBILE APP

5.1

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

5.2

You should only use the Mobile App on a Device for which it is intended, and as allowed by the usage rules set out in your App Store’s terms of service.

5.3

You can ask us to Transact in line with the banking facilities available to you through your Account.

5.4

The Mobile App allows you to open only one Profile at a time; meaning you can only Transact with the Profile you have open at any given time. For example, you cannot Transact from your business Profile if you are in your personal current account Profile because your business Profile will be closed while your personal current account Profile is open.

6. FEES AND COSTS

6.1

No fees will be charged for using the Mobile App.

6.2

Standard data costs will be charged when you download the Mobile App. You must contact your mobile network operator to ask for details.

6.3

Fees for Immediate Payment

6.3.1

We will charge you a non-refundable fee per payment made using Immediate Payment.

6.3.2

If you do not pay our fees or do not have enough available money in your Account to pay them, we may stop your request for Immediate Payment.

7. TRANSACTING THROUGH MOBILE APP BANKING

7.1

We will act on instructions that appear to have been sent by you as per clause 9.2 below.

7.2

We will treat your instructions to us in line with your Account and the Transaction involved. All Transactions are subject to their Product Terms.

7.3

Instructions received after 7pm (South African time) will be reflected on your statement as the next business day’s date.

7.4

You cannot cancel or withdraw any payment instruction after you have sent it to us. A payment cannot be cancelled or reversed, even if it is a repeat of the same payment. This also applies to Prepaid Purchases and Instant Money Transactions.

7.5

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

7.6

Future-dated and repeat payments may be deleted or changed if they have not yet been actioned by us. Any active electronic vouchers in Instant Money Transactions can be deleted or changed for security purposes (provided they have not been redeemed by the recipient). Please call our contact centre for assistance.

7.7

You must never assume we have received your instruction until we have told you that we have. We are not responsible for any loss or damage you suffer because you repeated an instruction and we repeated that payment. Please call our contact centre for assistance.

7.8

Prepaid Purchases are subject to the terms and conditions of the third party service provider (for example: any provider other than SBSA). Any queries about your Prepaid Purchase must be referred directly to your service provider. We will not be liable for any losses suffered as a result of the negligence, actions or omissions by your service provider.

7.9

You can apply to have your overdraft limit increased or decreased. If your application is approved the funds will be available immediately. Your application is subject to the affordability assessment you complete, which is considered in terms of our credit-scoring criteria. In taking up the overdraft facility, you accept the Product Terms for Personal Loans on the Mobile App or www.standardbank.com.

7.10

You must take care to consider the implications of entering into any Transaction, including tax implications.

8. WARRANTIES BY YOU

8.1

You represent and warrant that:

8.1.1

you have full contractual capacity and no court has declared you mentally unfit;

8.1.2

you are not, and will not be, located in any country that is the subject of a United States of America (US) Government embargo or that has been designated by the US Government as a "terrorist supporting" country;

8.1.3

you are not listed on any US Government list of prohibited or restricted parties;

8.1.4

you have been informed in clause 21.2 below that you can refer any questions that you may have to us;

8.1.5

you have given us the correct information; and

8.1.6

you have read and understand these Terms before entering into this agreement.

9. MOBILE APP BANKING SECURITY

9.1

Looking after your Access Codes:

9.1.1

It is your responsibility to keep your Access Codes secret and safe at all times. Someone who knows your Access Code could get access to your Account and steal your information, defraud you, steal your money, use your private Account information illegally, apply for a credit facility such as an overdraft or loan, apply for an overdraft limit increase or change your credit limits, ATM limits or EAP Limits.

9.1.2

You waive (give up) any claim you may have against us for any loss or damage you may suffer if you have compromised your Access Codes to any unauthorised third party.

9.1.3

No person ever has a good reason to know or ask for your Access Codes, so you must never allow another person to access them. This includes our own staff. You must inform us by contacting our contact centre or your branch immediately if someone has asked you for, or may know, any of your Access Codes.

9.1.4

If you ask us to stop or change any Access Code, we may:

(a)

ask you to prove your identity to us;

(b)

reject any banking instructions we receive;

(c)

stop a payment or banking instruction if it has not already been carried out;

(d)

reverse payments if we can, from the time we think someone started using your Access Code without permission; or

(e)

deactivate the Access Code (stop it from working) immediately, without telling you.

9.2

After your Access Codes have been entered, we will assume that any Mobile App Banking activity or instruction is genuine. Even if someone else used your Access Codes, we may carry out an instruction as if you authorised it.

9.3

To learn how you can safeguard against fraud or theft on your Account, you can visit our Security Centre on our website at

9.4

We are not responsible for any loss or damage you may suffer because someone accesses your Account and you have not followed our advice about using Mobile App banking safely.

9.5

We will apply the same EAP Limit and withdrawal limit on your Account to your Profile. You must contact your branch or use the Mobile App to increase or decrease this limit. Daily payment limits have been set by us for Prepaid Purchases and Instant Money, and they cannot be changed by you. If you do not have an EAP Limit set, you cannot make payments through Mobile App Banking.

9.6

You must make sure that you log out of the Mobile App when you have finished using it to prevent anyone else from using it. We will also apply an automated time-out if the Mobile App is not used within a specified time frame.

9.7

Do not use any public Device. Public Devices are not safe because you do not know what software or hardware may be on them. For example, they may use spying technology to find out numbers or passwords you type. These could be used to get into your account to steal your information, defraud you and steal your money.

9.8

If your Device is lost or stolen, or is no longer in your possession, you must immediately login to the Mobile App through an alternate capable device, and de-authorise your Device. We will not be responsible for any losses you may suffer because you don’t de-authorise that Device. If you cannot immediately de-authorise your Device, then you must call our Fraud Helpline at 0800 222 050 to tell us that your Device is no longer in your possession.

9.9

We will never ask you by email, SMS, or other digital messaging to access a link. You must never respond to requests to enter or “confirm” your Access Codes or transfer money, via an email (“phishing”), SMS (“smishing”), telephone call (“vishing”) or other digital message. 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.

9.10

For customers of The Standard Bank of South Africa Limited, please call our Fraud Helpline at 0800 222 050 (+27 10 249 0700 for international callers); or our Customer Contact Centre at 0860 123 000, to report any suspicious activity (such as by SMS, telephone call, cell phone call, online activity or Mobile App activity by third parties).

9.11

We are committed to providing safe online services. Please note that all uses of the Mobile App and Transactions through it are protected by encryption at international standards, save where you use a Device which is Jailbroken. Encryption protects the Personal Information you send through the Mobile App. Our computers are protected by systems that guard against intruders. Only authorised bank employees or agents have access to information on these computers. We have also used independent security experts to test our system security and advise us about improvements to it.

9.12

You acknowledge that you may not access the Mobile App from any Jailbroken Device. We will not be responsible for any losses incurred as a result of your use of any Jailbroken Device. You indemnify us against any losses incurred and claims instituted against yourself, us, or any third party as the result of you: (a) downloading the Mobile App from any Jailbroken Device, (b) using the Mobile App on any Jailbroken Device, and/or (c) distributing the Mobile App to any Jailbroken Device. We will not be responsible for the security of any of your Accounts, or Personal Information or other data which you may provide on the Mobile App, should you access the Mobile App from a Jailbroken Device.

10. SOFTWARE AND HARDWARE

10.1

You must use software and hardware suitable for Mobile App Banking. If you do not, the Mobile App Banking service on your Device may not work properly and this could increase your security risks.

10.2

If we offer software to you on or through your Device, any licence agreement is between you and the software's licensor. You indemnify us against any breach of such software licence.

10.3

We do not expressly or implicitly warrant:

10.3.1

the licensor's ownership of any software provided on the Mobile App; or

10.3.2

rights of use of any licensor; and

10.3.3

that any software is suitable for its purpose.

11. MAKING AN IMMEDIATE PAYMENT

11.1

You will be required to complete all required information (including, but not limited to account details) for purposes of making a payment to an existing registered beneficiary. This chosen beneficiary’s account must be held at a Participating Bank in order for you to select the option of Immediate Payment.

11.2

Should you choose to make a once-off payment, a payment to a new beneficiary, or an existing beneficiary whose details you are amending at the same time, there may be up to 2 (two) hours delay in processing the payment.

11.3

Immediate Payment cannot be used to make a payment from a credit card.

11.4

You can only make use of Immediate Payment up to a maximum payment limit set by us from time to time on the Mobile App.

11.5

If you are making a payment to a beneficiary whose bank is not a Participating Bank, then you will not be able to select the option of “Immediate Payment”.

11.6

You will receive an OTP via your preferred method of communication for each Immediate Payment that you submit. You have to enter this OTP when prompted to do so in order to validate your payment. Once you have entered your OTP, you will not be able to use the same OTP for any future Transactions.

11.7

Cut off times: In order for your payments to be processed via Immediate Payment, you must make your payment between 04h00 and 23h50 for DigiMe users and 06h00 and 21h50 for non-DigiMe user.
[DigiMe is an innovative solution designed to ensure that your digital profile is strong and secure. It involves a combination of two or more factors to authenticate your real identity].

12. INDEMNITY

12.1

You indemnify us against any loss or damages (direct, indirect and consequential), that we may suffer because:

12.1.1

you have not paid costs or fees;

12.1.2

you gave us wrong instructions or information;

12.1.3

you do not have enough money in your Account for a payment; or

12.1.4

someone carried out an instruction or made a payment without your permission or on your behalf.

12.2

You acknowledge and agree that:

12.2.1

these Terms are entered into between you and us. Since the Mobile App is made available through the App Store, the App Store is a third party under these Terms and will also have the right to enforce these Terms against you;

12.2.2

to the maximum extent allowed by law, the App Store does not give or enter into any warranty, condition or other term in relation to the Mobile App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Mobile App or as a result of you or anyone else using the Mobile App or relying on any of its content;

12.2.3

any claims relating to the licence to the Mobile App, possession or use of the Mobile App are between you and us (and not between you, or anyone else, and the App Store), including but not limited to, product liability claims, any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and

12.2.4

if any claim by a third party that your possession or use (in line with these Terms) of the Mobile App infringes any intellectual property rights, the App Store will not be liable to you in relation to that claim.

13. DISCLAIMERS

13.1

Your use of Mobile App Banking is dependent on factors beyond our control, such as your network's coverage or availability, your ISP's availability or your Device's capability and capacity. We are not liable for any loss or damages you may suffer if a factor beyond our control arises and you cannot access Mobile App Banking.

13.2

We (including our employees, consultants, agents or any affiliated person) are not responsible for any loss or damages related to your use of Mobile App, Mobile App Banking, or any Intellectual Property flowing from their use. This includes, without limitation, any direct, indirect, special, incidental, or consequential damages in terms of contract, delict (breach of a duty of care) or law. We are not responsible for any loss or damages where:

13.2.1

someone finding out any of your Access Codes and using these codes to register for Digital Banking/Mobile App Banking and fraudulently transacting on your Account, or enabling any other third party to commit any type of fraud or other illegal act against you;

13.2.2

any technical or other problem (interruption, malfunction, downtime or other failure) affects Mobile App Banking, our banking system, a third-party system or any part of any database for any reason;

13.2.3

any Personal Information or other data 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;

13.2.4

any failure or problem affects goods or services provided by any other party; for example, any telecommunication service provider, ISP, electricity supplier local or other authority; or

13.2.5

any event that we have no control over.

14. USING AND SHARING YOUR PERSONAL INFORMATION

14.1

You consent to us collecting your Personal Information from you and where lawful and reasonable, from public sources for credit, fraud and compliance purposes, as well as the purposes set out below.

14.2

If you give us Personal Information about or on behalf of another person (including, but not limited to, account signatories, shareholders, principal executive officers, trustees and beneficiaries), you confirm that you are authorised to: (a) give us the Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically any cross-border transfer of Personal Information into and outside the country where the products or services are provided; and (c) receive any privacy notices on their behalf.

14.3

You consent to us Processing your Personal Information:

14.3.1

to provide products and services to you in terms of this agreement and any other products and services for which you may apply;

14.3.2

to carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (this includes improving existing and developing new products and services);

14.3.3

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;

14.3.4

by sharing your Personal Information with our third-party service providers and insurers, locally and outside the country where the products or services are provided. We ask people who provide services to us to agree to our privacy policies if they need access to any Personal Information to carry out their services; and

14.3.5

within the Group.

14.4

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.

14.5

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.

15. MARKETING BY POST, EMAIL OR TEXT MESSAGES

 

If you give us permission, we may use your Personal Information to contact you about products, services, and special offers from us or other companies that may interest you. We will do this by post, email, or text message. If you decide that you do not want us to do this, you can contact us, and we will stop.

16. BREACH

 

We may stop you from using the Mobile App for the purposes of conducting Mobile App Banking if you breach a clause of these Terms and do not remedy it within five days after we have asked you to do so. We may still take other steps available to us, including applying to a court for an urgent interdict against you.

17. INTELLECTUAL PROPERTY

17.1

We keep all Intellectual Property Rights in and to the Mobile App, all content in it or sent to and from the Mobile App.

17.2

We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive licence to use the Mobile App, which may include updates and/or upgrades. You will be asked to accept any additional terms through the Mobile App when they become applicable to you. The Mobile App is licensed to you for the purposes in these Terms only and for no other purposes. The Mobile App is licensed only to you and you will not grant any rights of use or any other rights in respect of the Mobile App or any Intellectual Property Rights in it to any other person.

17.3

The licence granted to you will commence when you install the Mobile App and will continue until it is terminated in line with these Terms, which will result in the cancellation of your access to the Mobile App and/or the termination of your ability to use Mobile App Banking. On termination of the licence granted in these Terms for any reason, you must immediately stop all use of the Mobile App.

17.4

You may not in any manner exploit the Mobile App for any commercial gain of any nature.

17.5

Certain content available on the Mobile App may include content belonging to third parties. We may provide links to third-party websites as a convenience to you. You acknowledge that we are not responsible and/or liable for the following and/or its accuracy:

17.5.1

all content belonging to third parties on the Mobile App; and/or

17.5.2

any content featured on the websites that are accessed via links found on the Mobile App.

17.6

You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of or create derivative works of, or otherwise attempt to reproduce the Mobile App, its contents, including any Intellectual Property therein, its design, any updates to the Mobile App and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on the Mobile App and/or any content featured on the websites which are accessed via links that are found on the Mobile App. You may not sub-license such third-party content, including Intellectual Property Rights associated with it.

17.7

You may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise (collectively referred to as linking), or any other reference to the Mobile App.

17.8

You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against us relating to your unauthorised use of the Mobile App and/or any Intellectual Property Rights flowing from them.

18. GENERAL

18.1

We may change these Terms by giving you written notice.

18.2

The invalidity, illegality or unenforceability of any of the clauses in these Terms will not affect the validity, legality and enforceability of the remaining clauses of these Terms.

18.3

We may send you any notice about the Mobile App by email and we may regard the notice as having been received by you one day after it was sent.

18.4

We may terminate the Mobile App at any time on notice to you. On termination of your registration to the Mobile App, for any reason, all rights granted to you in respect of the Mobile App will cease immediately.

18.5

If your Account is stopped or cancelled for any reason, we will cancel your Mobile App Banking registration.

19. NOTICES

19.1

We choose the registered address on our website at www.standardbank.com as the address where any legal document or notice must be served on or delivered to us.

19.2

We will send any legal documents or notices to you at the address we have for you on our records.

19.3

We may send any other written communication to your street, postal or email address, or through the Mobile App message system.

19.4

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 35 of 2002 do not apply to these documents or notices.

20. APPLICABLE LAW

 

South African law will govern these Terms regarding your use of the Mobile App. The Product Terms will however apply to your use of your Products.

21. CUSTOMER CONTACT INFORMATION

21.1

The contact details in respect the head offices in each country/jurisdiction listed below can be found in the specific hyperlink provided for each country.

21.2

Regarding complaints specifically about products or services, please address them to the manager of a branch in the jurisdiction in which your account is located. We will deal with all complaints in accordance with the normal procedures for handling complaints in your specific country. We will provide an acknowledgement and initial response to your complaint in writing within 5 business days unless we reasonably expect to be able to provide a full response in writing within 10 business days.

 
South Africa
Namibia
Botswana
Uganda
Ghana
Jersey and Isle of Man
Lesotho
Malawi
Swaziland
Tanzania
Zambia
Zimbabwe