3-D Secure Terms and Conditions

Thank you for choosing the 3-D Secure service (“3-D Secure”) from Nedbank. These Terms and Conditions must be read and understood carefully before making use of the service. In this
Agreement, “we,” “us,” or “our” refers to Nedbank Limited (Registration No. 19……….) and Nedbank Namibia (Registration No…………), and “you,” “your,” or “yours” refers
to the user of 3-D Secure .

1. ACCEPTANCE OF TERMS

(1.1)  3-D Secure provides its service to you, subject to the following Terms and Conditions, which may vary from time to time. The most current version of the Terms and Conditions may be reviewed by you at any time on our website at http://www.nedbank.co.za.
You shall also be subject to any posted guidelines or rules applicable to 3-D Secure that may be posted from time to time at the same web site.
(1.2)  Your acceptance of these terms and conditions will be indicated by the creation of a 3-D Secure account password, and/or use of 3-D Secure and that continued use of 3-D Secure after you have been advised of revisions to the Terms and Conditions shall constitute your agreement to such revised terms and any applicable posted guidelines or rules.
(1.3)  Any new features that augment or enhance 3-D Secure shall be subject to these Terms and Conditions, unless explicitly stated otherwise.
(1.4)  Except as otherwise required by any applicable legislation, neither us nor Visa or Mastercard make any representations or warranties of any kind, express or implied, including any warranties as to the merchantability?? or fitness?? for a particular purpose. Applicable legislation may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
We and Visa/Mastercard reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, 3-D Secure (or any part thereof
with or without notice.
(1.6)  You agree to sign a non-electronic version of these Terms and Conditions upon our request.

2.  DESCRIPTION OF 3-D SECURE
Increased security in online transactions are provided to you by3-D Secure. The service reduces the chances of fraud for those transactions. Registering for 3-D Secure involves providing personal information to us, which is then used to confirm your identity in connection with future online transactions. Transaction disputes may also be resolved by using 3-D Secure. Your personal information and Registration Data, as defined in 3.2 below: is not shared with the online retail merchant.

3. REGISTRATION
(3.1)  To use 3-D Secure, certain information about you, your credit card/s and / or Nedcheques card/s, is required by us to use and retain in accordance with our Privacy Policy (see Section 4 below). A unique identifier will be associated with your information (your credit card or Nedcheque card number and your name).
(3.2) You agree to provide true, accurate, current and complete information about yourself as prompted by 3-D Secure registration form (“Registration Data”).
(3.3) We have the right to suspend, terminate, or refuse your current or future use of 3-D Secure, if you provide any Registration Data that is untrue, inaccurate, not current or incomplete. Same shall apply if we have reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete.
(3.4) To validate your identity and verify that you are the owner of or an authorized user of the account, you must provide us with certain information. This information will be validated against information that we already have on file that is associated with your account, or it may be validated against information maintained by an independent third party. 
(3.5) We have the right to not allow you to register for 3-D Secure, if you are unable to provide adequate information for us to validate your identity. You warrant that the information is correct and that you have the legal right to use all of the credit cards or Nedcheque card/s that you register for 3-D Secure. Your participation, or failure to participate, does not affect your credit card or Nedcheque card account status. 3-D Secure also may be used to help resolve any transaction disputes.
(3.5) In order to use 3-D Secure, you must have a computer, modem or other equipment necessary for access to the World Wide Web and also the ability to access the World Wide Web.
(3.6) For any questions regarding 3-D Secure you may contact our customer service department on (011) 710 4710.

4.  PRIVACY POLICY
(4.1)  The 3-D Secure service stores your Registration Data, which will not be shared with online retail merchants.
(4.2) 3-D Secure may keep your Registration Data and also may disclose your Registration Data if required to do so by Applicable Law, as defined in Section 6, 6.9), in the good faith belief that such preservation or disclosure is permitted by Applicable Law, or as reasonably necessary to:
(4.2.1)  comply with legal process or;
(4.2.2)  enforce the Terms and Conditions.
(4.3) Registration Data and all personally identifying information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy at http://www.nedbank.co.za.

5.  CARDHOLDER PASSWORD AND SECURITY
Maintaining the confidentiality of your password, Registration Data and other verification information established by you with 3-D Secure, all activities that occur using your password, Registration Data or other verification, information supplied to or established by you with 3-D Secure is solely your responsibility.
Use of, or access to, 3-D Secure shall not be sold or transferred by you to any third party. You agree to immediately notify 3-D Secure of any unauthorized use of your password or other verification information, or any other breach of security.
You acknowledge and agree that, except as otherwise provided by applicable law, neither us nor Visa/Mastercard shall be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.

6.  YOUR CONDUCT
You agree not to:
(6.1)  impersonate any person or entity using 3-D Secure;
(6.2)  upload, post, e-mail or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by 3-D Secure;
(6.3)  spam or flood the 3-D Secure Website or service;
(6.4)  modify, adapt, sub-license, translate, sell, reverse engineer, decompile or
disassemble any portion of the 3-D Secure Website or service or the Software, as defined in Section 11(a);
(6.5)  remove any copyright, trademark, or other proprietary rights notices contained in
3-D Secure;
(6.6)  “frame” or “mirror” any part of the 3-D Secure Website or service without Visa’s
prior written authorization;
(6.7)  use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the 3-D Secure Website or service or its contents;
(6.8)  otherwise interfere with, or disrupt, 3-D Secure or servers or networks connected
to 3-D Secure , or violate this TOS or any requirements, procedures, policies or
regulations of 3-D Secure or of any networks connected to 3-D Secure; or
(6.9)  intentionally or unintentionally violate any applicable local, state, national or
international statutes, regulations, regulatory guidelines and judicial or administrative interpretations, or any rules or requirements established by Visa (all of which shall constitute “Applicable Legislation”) in connection with your use of 3-D Secure.

7.  LIABILITY
(7.1)  We nor Visa/Mastercard shall be liable to you or to any third party for any modification, suspension or discontinuance of 3-D Secure. We will pay any direct out-of-pocket expenses that you may incur [in using 3-D Secure] due to:
(7.1.1) negligence or intentional misconduct by us, our employees or agents;
(7.1.2)  an attack by others on the systems we use to provide 3-D Secure; or
(7.1.3)  any error in, or failure of, 3-D Secure.
(7.2)  Under no circumstances will we or Visa/Mastercard be liable for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your use of the 3-D Secure service.
(7.3)  Neither we nor Visa/Mastercard assume any responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of, or downloading from, this Web site.

8.  TERMINATION
(8.1)  To terminate the use of 3-D Secure, you must contact the helpdesk and advise us so that your password and Registration Data with 3-D Secure can be deactivated. Any purchases made by you prior to deactivation will not be affected.
(8.2)  Your ability to use 3-D Secure may be temporarily or permanently deactivated by us at any time, with or without fault on your part. For your protection, we will automatically deactivate your ability to use 3-D Secure if it is not used at least one time during any twelve (12) month period without notice. If we deactivate your ability to use 3-D Secure, you will need to re-enrole.
 
9.  DEALINGS WITH MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, online
retail merchants on or through 3-D Secure, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such merchant. You agree that
neither Visa/Mastercard nor us shall be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings. You understand that use of 3-D Secure
does not, in any way, indicate that either we or Visa/Mastercard recommend or
endorse any merchant, regardless of whether the merchants participates in the 3-D Secure
service. For example, 3-D Secure does not verify the identity of the merchant or the
quality of the merchant’s goods or services.

10.  3-D SECURE’S PROPRIETARY RIGHTS
(10.1)  You acknowledge and agree that 3-D Secure and any necessary software used in
connection with 3-D Secure (“Software”) contain proprietary and confidential
information that is protected by applicable intellectual property and other Applicable Laws. You acknowledge and agree that you do not acquire any ownership rights by using the Software and that -we (Note: confirmed with legal) retain all right, title, and interest in, and to, the Software and all intellectual property rights to the Software. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on 3-D Secure or the Software, in whole or in part.
(10.2)  We are providing you a nonexclusive license to use the 3-D Secure services and any related software, and any future upgrades we elect to provide, in accordance with the terms and conditions of this Terms and Conditions.
(10.3) You agree not to display, alter or use in any manner, our trademark without our prior written permission. 3-D Secure is a trademark of Visa. 3-D Secure, and other 3-D Secure logos, products and names are trademarks of Visa (the “Marks”). You agree not to display, alter or use in any manner the Marks, without prior written permission from Visa.

11.  DISCLAIMER OF WARRANTIES
(11.1)  Any software obtained through the use and download of 3-DSecure shall be used at your own discretion and risk and that except as otherwise provided in these Terms and Conditions, you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through 3-D Secure.
(11.2)  Neither us nor Visa/Mastercard makes any representations or warranties about 3-D Secure of any kind, express or implied, including any warranties as to merchant ability or fitness fro a particular purpose. Applicable Legislation may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

12.  NOTICE
Notices to you may be made via either e-mail or regular mail to any address in your Registration Data or other information that you have provided to us in connection with your accounts with us. You also may be notified of changes to these Terms and Conditions or other matters by notices displayed on or links to notices displayed on http://www.nedbank.co.za.

13.  GENERAL INFORMATION
(13.1)  The Terms and Conditions constitutes the entire agreement between you and us regarding your use of 3-D Secure and governs your use of 3-D Secure, superseding any prior agreements between you and us regarding your use of 3-DSecure.
(13.2)  The Terms and Conditions and the relationship between you and us shall be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of South Africa.
(13.3)  Our failure or that of Visa/Mastercard to exercise or enforce any right or provision of this Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms and Conditions shall remain in full force and effect.
(13.4)  You indemnify and hold us, Visa, MasterCard and their respective subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party against Visa/Mastercard or us due to, or arising out of, Registration Data you submit, post to or transmit through 3-D Secure, your use of 3-D Secure, your connection to 3-D Secure, or your violation of these Terms and Conditions or Applicable Legislation.

14.  AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use 3-D Secure and to create binding legal obligations for any liability you may incur as a result of the use of 3-D Secure. You understand that you are financially responsible for all uses of 3-D Secure by you and those authorized by you to use your Registration Data, your password or other verification information.