This Agreement contains certain terms and conditions that:

• may limit the risk or liability of Nedbank Private Wealth or a third party;
• may create risk or liability for you;
• may compel you to indemnify Nedbank Private Wealth or a third party; and/or
• may be an acknowledgement of a fact by you.

These terms and conditions are important and should be carefully noted.

Nothing in this Agreement is intended or must be understood to restrict, limit or avoid any rights or obligations in an unlawful way in terms of the Consumer Protection Act of 2008, to the extent that such legislation is applicable.

Your attention is also drawn to the fact that, while Nedbank Private Wealth will take all reasonable steps to apply appropriate security measures, the use of the Nedbank Private Wealth Mobile Application ('Nedbank Private Wealth App'), Nedbank Private Wealth Online Services (‘Online Services’) and the related mobile financial services ('Mobile Services') may nevertheless expose you to risk. For example, if you modify or tamper with any operating system software, browser software or any other software packages or programs on your mobile and desktop device, unauthorised third parties may gain access to your confidential or personal information.

Nedbank Private Wealth releases regular updates and enhancements to ensure optimal client experience on the Nedbank Private Wealth App and the Online Services.

As functionality becomes available we will request your authorisation to use various features on your phone through the Nedbank Private Wealth App. Nedbank Private Wealth respects your right to privacy and all your personal information will always be maintained in accordance with the highest standard of client confidentiality.

Nedbank will never use the access you grant us to any of the features on your phone for any reason other than the purpose communicated to you. Your right to privacy and all your personal information will also be maintained in accordance with our usual standards of client confidentiality. By using the Nedbank Private Wealth App and Online Services, you are responsible for acquainting yourself with any specific terms and conditions of use that may exist in relation to any of the services and shall be bound by such terms as though they formed part of these terms and conditions.

1. Introduction

1.1 This Licence and Services Agreement ('Agreement') for the Nedbank Private Wealth App governs your use of the Mobile Services offered by Nedbank Limited and all companies that share a holding company or subsidiary relationship with Nedbank Limited within the meaning of the Companies Act of 2008 ('affiliates').

1.2 The Mobile Services are accessed by way of the Nedbank Private Wealth App, which is a software platform.

1.3 You agree that the terms of this Agreement govern your legal relationship with Nedbank Private Wealth in respect of your access to and use of the Nedbank Private Wealth App, Online Services and the Mobile Services. For the sake of clarity, only once you have successfully completed the registration process detailed in clause 2.5 below will you be eligible to access the Mobile Services through the Nedbank Private Wealth App and the Online Services.

1.4 As part of the Mobile and Online Services, you may use other products and do other transactions offered by Nedbank Private Wealth. These products and transactions may include transfers and payments, credit and balance enquiries and online share trading. You must familiarise yourself with any separate, additional terms and conditions that are applicable to the products and transactions that may be accessed and used as part of the Mobile and Online Services.

1.5 Nedbank Private Wealth may offer additional Mobile and Online Services from time to time and has the right to replace, change or discontinue any existing Mobile and Online Services on reasonable notice to you.
 

2. Commencement, access requirements and related security obligations

2.1 You can download the Nedbank Private Wealth App from any Apple and/or Google mobile application store.

2.2 To be able to access and use the Nedbank Private Wealth App and Mobile Services you must accept the terms and conditions of this Agreement. This is done by reviewing the terms and conditions and clicking on the Accept button, after which the terms and conditions will be binding on you.

2.3 By clicking on the accept button you also allow Nedbank Private Wealth to access, collect and process your personal information (i.e. name, email address, identity number, contact details, financial information and/or any other personal identifier) in order to provide the Mobile Services to you.

2.4 To be able to access and use the Online Services, the bank must first approve your application. You will be provided with a profile number as well as the required signature number, password and/or PIN. You shall only have access to the services that are linked to your profiles and only services selected in the application form (and approved) will be linked. The Online Services will be available on this link: https://secured.nedbankprivatewealth.co.za.

2.5 These terms and conditions will remain in force and binding on you until you either terminate your use of the Nedbank Private Wealth App and/or the Mobile and Online Services, or this Agreement is terminated in accordance with clause 5.

2.6 You are required to activate the Mobile Services within the Nedbank Private Wealth App. An SMS (Approve-it™) will be sent to you once the Mobile Services have been activated. You will be prompted to choose an App personal identification number (PIN) to enable you to access the Mobile Services securely. For security purposes and for Nedbank Private Wealth to verify your identity, you will be requested to enter your App PIN each time you access the Mobile Services. 

2.7 Post the App PIN activation, for your convenience, Nedbank Private Wealth App also allows for alternative access to the App via biometric activation and authentication. The Nedbank Private Wealth App uses biometric solutions supported by the operating system and hardware developers such as Touch-ID™ (in future Touch-ID™ may work in conjunction with or be replaced by Face-ID™) on the Apple platform and Fingerprint™ on the Android platform. These biometric solutions may be registered on a permitted mobile device in lieu of your App PIN as a security code to confirm your identity to access the App.  

2.8 Any biometric credential registered on a mobile device will have access to the Nedbank Private Wealth App and, by enrolling for the functionality, you undertake to ensure that only your fingerprints or 3D facial mapping will be registered on the device and consent to Nedbank Private Wealth accessing and using such information.

2.9 You must at all times keep your  PIN, password and any other login details ('Login Details') secret and take all reasonable precautions to prevent any unauthorised or fraudulent use of your Login Details.

2.10 Nedbank Private Wealth confirms that it has reasonable security safeguards to protect your Login Details and other personal or confidential information provided by you to Nedbank Private Wealth. However, you accept that, while Nedbank Private Wealth will take all reasonable steps to prevent security breaches in respect of the Mobile and Online Services, any information sent over an unsecured link or communication system is susceptible to unlawful monitoring, interception or access by a third party, for which Nedbank Private Wealth will not be responsible.

2.11 You agree to enter your correct Login Details whenever accessing the Mobile and Online Services. If you don't, you won't be able to access the Mobile and Online Services.

2.12 You also acknowledge and accept that:

2.12.1 your Login Details are for your exclusive use only;

2.12.2 you will not share your Login Details with other users or third parties or record such details in any way that may result in them becoming known to a third party; and 

2.12.3 once the correct Login Details have been entered, Nedbank Private Wealth will accept and process all instructions relating to the Mobile and Online Services, irrespective of whether the Login Details have been entered fraudulently or otherwise without your authority.

2.13 You agree not to respond to any email or other unsolicited correspondence that requests your Login Details, bearing in mind that you will only receive an SMS(Approve-it™)  from Nedbank Private Wealth:

2.13.1 when you register for access to the Mobile and Online Services, as detailed in clause 2.5 above;

2.13.2 if Nedbank Private Wealth communicates with you regarding the termination or the amendment of this Agreement; and 

2.13.3 if you yourself initiated any transaction using your Login Details.

2.14 You must notify Nedbank Private Wealth immediately on 0860 111 263 or alternatively contact your relationship manager, when becoming aware of or reasonably suspecting any unauthorised access to or use of your Login Details. You must take appropriate steps to minimise any loss or harm that may result from such unauthorised access.
 

3. Grant of licence and terms of use

3.1 Nedbank Private Wealth hereby grants you a licence to install and download the Nedbank Private Wealth App and to access and use the Mobile Services available through the Nedbank Private Wealth App on a compatible cellphone or any other portable communication device ('Mobile Device') owned and/or lawfully controlled by you, for your personal use only. This licence is not exclusive and Nedbank Private Wealth will also allow other users to download the Nedbank Private Wealth App. The licence is limited to you alone and cannot be transferred by you.

3.2 You may use the Nedbank Private Wealth App, Mobile and Online Services only for purposes that are not illegal and you must not allow any third party to use the Nedbank Private Wealth App or to access the Mobile and Online Services.

3.3 You may also not (nor may you allow or cause any third party to do so): 

3.3.1 tamper with, decompile, edit, reverse-engineer, disassemble, attempt to derive the source code of or modify the Nedbank Private Wealth App, or use the Nedbank Private Wealth App to develop functionally similar software applications to those available through the Nedbank Private Wealth App;

3.3.2 use or exploit the Nedbank Private Wealth App for commercial gain or copy the Nedbank Private Wealth App, except as may be expressly allowed in terms of this Agreement;

3.3.3 sublicense, distribute, export or resell the Nedbank Private Wealth App (whether in whole or in part) or otherwise transfer any rights therein;

3.3.4 remove any proprietary or intellectual property rights notices or labels that appear on the Nedbank Private Wealth App or that appear on or are used in relation to the Mobile and Online Services;

3.3.5 exercise any rights other than those expressly granted in this Agreement.

3.4 You must ensure that you download and use the latest version of the Nedbank Private Wealth App. If you do not install the latest version of the Nedbank Private Wealth App, the Mobile Services may not function correctly or you may experience security and/or data flaws, for which Nedbank Private Wealth will not be liable under any circumstances.

3.5 If you download the Nedbank Private Wealth App from a mobile application store, you may be required to comply with and be bound by terms and conditions prescribed by such mobile application store. Such terms and conditions are separate to and specifically do not form part of the terms and conditions of this Agreement.
 

4. Mobile device requirements and related security obligations

4.1 Nedbank Private Wealth does not warrant that the Nedbank Private Wealth App will be compatible with or that it will operate with every type of Mobile Device. Nedbank Private Wealth will provide you with information on suitable types of Mobile Devices at your request.

4.2 You acknowledge that the display, layout, look and feel of the content of the Mobile Services may differ depending on the Mobile Device being used to access the Mobile Services.

4.3 You acknowledge that, in order for the Nedbank Private Wealth App to load and/or to function, you are fully responsible for: 

4.3.1 ascertaining whether your Mobile Device is appropriate for and compatible with operation of the Nedbank Private Wealth App; and

4.3.2 the continued functionality of the Mobile Device on which the Nedbank Private Wealth App has been installed and downloaded, including for ensuring that the Mobile Device is:

4.3.2.1 in good working order;

4.3.2.2 at all times updated to run on the latest version of your operating system; and 

4.3.2.3 operating in accordance with the relevant Mobile Device manufacturer's specifications.

4.4 You are fully responsible for the Mobile and Desktop Device that you use to access the Mobile and Online Services and Nedbank Private Wealth will not be responsible for any device defect and disclaims any liability for any losses that may arise due to any defect in the Mobile and Online Device. You agree that you will:

4.4.1 not leave your Mobile and Desktop Device unattended or accessible in any manner by any third party while you are still logged on to the Mobile and/or Online Services; 

4.4.2 not save your Login Details to your Mobile and/or Desktop Device; and 

4.4.3 immediately inform Nedbank Private Wealth of any fraudulent or unauthorised use of the Mobile and Online Services by any third party.

4.5 If your Mobile and Desktop Device is lost or stolen, you must inform Nedbank Private Wealth immediately on 0860 111 263 or alternatively contact your relationship manager. You acknowledge that you will remain responsible for all transactions that may be processed through the Nedbank Private Wealth App and/or Mobile and Online Services until you have reported the loss or theft to Nedbank Private Wealth.
 

5. Third-party telecommunications and maintenance services

5.1 You acknowledge that:

5.1.1 Nedbank Private Wealth will not be responsible for any mobile operator or service provider's network and/or Wi-Fi connectivity (wireless internet access) preventing or negatively impacting your access to the Mobile and Online Services; and 

5.1.2 your Mobile and Desktop Device network operator (cellphone service provider) or internet service provider may charge you for accessing and using the Mobile and/or Online Services through a mobile network or Wi-Fi connection; and 

5.1.3 you are solely responsible for such charges.

5.2 The use of the Nedbank Private Wealth App is in addition to and not in substitution of other online channels provided by Nedbank Private Wealth. You acknowledge that the Nedbank Private Wealth App, Mobile and Online Services are subject to downtime (times when the services are of necessity not available) and that Nedbank Private Wealth may, from time to time, fully or partially interrupt access to the Nedbank Private Wealth App or Mobile and Online Services, whether for maintenance or otherwise. You will be able to use other banking channels if the Mobile and Online Services or the Nedbank Private Wealth App is interrupted.
 

6. Ownership and intellectual property

6.1 Nedbank Private Wealth owns all rights, title and interest in and to the Nedbank Private Wealth App, the Mobile and Online Services and all information, documentation and proprietary products made available through the Nedbank Private Wealth App, the Mobile and Online Services. No licence or other right or interest in or to the Nedbank Private Wealth App or the Mobile and Online Services is granted to you, except for the licence rights specifically set forth in this Agreement.

6.2 You may not duplicate or in any way reproduce the Nedbank Private Wealth App, the Mobile and Online Services and any information, documentation and proprietary products made available through Nedbank Private Wealth without the express prior written consent of Nedbank Private Wealth.

6.3 In respect of third-party software (such as operating systems and internet browsers) that you may use to operate or use the Mobile and Online Services, you acknowledge that Nedbank Private Wealth is not a party to any software licence agreement you entered into with a third-party software licensor. Nedbank Private Wealth provides no warranties regarding such software, including, without limitation, warranties relating to the suitability for a particular purpose, security features or performance. You acknowledge that the use of such third-party software will be at your own risk and you indemnify Nedbank Private Wealth against and hold it harmless from any loss or damage that you may suffer as a result of the use, abuse or possession of such third-party software.
 

7. Termination

7.1If you breach any term of this Agreement, Nedbank Private Wealth will have the right to either suspend or terminate your access to and use of the Nedbank Private Wealth App and any of the Mobile and Online Services with immediate effect.

7.2 If you do not access or use the Nedbank Private Wealth App for a period of 6 (six) months or more, Nedbank Private Wealth may terminate this Agreement and require you to reregister to access the Nedbank Private Wealth App in future.

7.3 Notwithstanding anything contained above, this Agreement may be terminated at any time by Nedbank Private Wealth on giving you at least 30 (thirty) days' notice. Notification may take place by SMS or email by using the contact details you provided. You may terminate your use of the Nedbank Private Wealth App and Mobile Services by giving Nedbank Private Wealth notice thereof or by deleting the Nedbank Private Wealth App from the Mobile Device.

7.4 Notwithstanding anything to the contrary contained in this Agreement, this Agreement may be terminated at any time by Nedbank Private Wealth on 48 (forty-eight) hours' written notice to you in the event of any material change in any law that is applicable to this Agreement or the application thereof, or any other circumstances in which it becomes uneconomical or commercially impractical to offer the Mobile and Online Services. Notification may take place by SMS or email by using the contact details you provided.

7.5 On termination of this Agreement, you must immediately discontinue use of the Nedbank Private Wealth App and the Online Services and delete all copies of the Nedbank Private Wealth App from your Mobile Device.
 

8. Disclaimer and warranties

8.1 You acknowledge that software in general is not error-free and agree that the Nedbank Private Wealth App, Mobile and Online Services are provided on an 'as is' basis, without any warranty that the Nedbank Private Wealth App, Mobile and Online Services will be free from defects, to the extent that it is lawful to do so, and that the existence of errors in the Nedbank Private Wealth App, Mobile and Online Services alone will not constitute a breach of this Agreement.

8.2 Except to the extent that Nedbank Private Wealth has in fact done so expressly and in response to a request from you, Nedbank Private Wealth does not warrant that:

8.2.1 the Nedbank Private Wealth App or the Mobile and Online Services (including any products and transactions) will meet your business or financial requirements;

8.2.2 the Nedbank Private Wealth App or the Mobile and Online Services will operate in the combinations that you select for use;

8.2.3 the operation of the Nedbank Private Wealth App or the Mobile Online Services will be uninterrupted or error-free; or

8.2.4 all Nedbank Private Wealth App or Mobile and Online Services errors or defects will be corrected.

8.3 In addition, and to the extent that it is lawful to do so, Nedbank Private Wealth disclaims all warranties and conditions with respect to the Nedbank Private Wealth App and the Mobile and Online Services, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
 

9. Limitation and Liability

9.1 To the extent that it is lawful to do so you indemnify Nedbank Private Wealth against any demand, claim or action relating to or in connection with the use of the Nedbank Private Wealth App and/or your access to the Mobile and Online Services, whether directly or indirectly, unless such demand, claim or action arose as a direct consequence of the gross negligence or wilful misconduct of Nedbank Private Wealth or any of its employees.

9.2 Nedbank Private Wealth will not be liable to you for any claims or losses in relation to the Nedbank Private Wealth App or Mobile and Online Services as a result of your or anyone else's gaining unlawful access to the Nedbank Private Wealth App, Mobile and Online Services or any of the content thereof or as a result of Nedbank Private Wealth acting on your instruction.

9.3 Further, and except to the extent attributable to the gross negligence or wilful misconduct of Nedbank Private Wealth or any of its employees, you indemnify Nedbank Private Wealth against and hold it harmless from:

9.3.1 any loss or damage as a result of viruses found on your Mobile and Desktop Device that may affect the security of the Nedbank Private Wealth App and/or Mobile and Online Services;

9.3.2 any loss or damage that may arise from the use, misuse or modification of the Mobile and Desktop Device (including, but not limited to, jail-breaking and routing), abuse or possession of any third-party software or network, including, without limitation, any operating system software, browser software or any other software packages or programs;

9.3.3. any unauthorised access (including, but not limited to, phishing) to your accounts or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your equipment;

9.3.4 losses arising from or out of the malfunction, failure or unavailability of the Mobile and Online Services, the Nedbank Private Wealth App or any telecommunications services, hardware, software or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond Nedbank Private Wealth's control;

9.3.5 losses incurred as a result of your failure to comply with your security obligations contained in this Agreement;

9.3.6 losses incurred as a result of your saving your Login Details to your Mobile and Desktop Device;

9.3.7 losses incurred as a result of the unauthorised use of any Login Details;

9.3.8 losses incurred as a result of any late or delayed processing related to the Mobile and Online Services; and

9.3.9 losses incurred from using the Mobile and Online Services for access to and use of any products and transactions.
 

10. Applicable law

10.1 The relationship between you and Nedbank Private Wealth and all aspects of this Agreement will be governed by the laws of the Republic of South Africa.
 

11. Changes to this agreement

11.1 Nedbank Private Wealth may amend the provisions of this Agreement on reasonable prior notice to you. Such notice may take the form of an SMS or email sent to you by using the contact details you provided to Nedbank Private Wealth.

11.2 Should you not accept the amended terms of this Agreement, and subject to clause 11.3 below, this Agreement may be terminated by Nedbank Private Wealth or you on 48 (forty-eight) hours' notice.

11.3 Notwithstanding that you have not accepted the amended terms and conditions, should you continue to use the Nedbank Private Wealth App, Mobile and Online Services after being notified in terms of clause  above, you will be deemed to have accepted to be bound by the amended Agreement.
 

12. Contact Nedbank Private Wealth

12.1 Should you have any questions, complaints or claims in connection with this Agreement, you can contact Nedbank Private Wealth on 0860 111 263 or at contact@nedbankprivatewealth.co.za.