Stanbic Bank Zambia Limited Self-Service Banking Terms and Conditions

1. Agreement and acceptance

This agreement becomes effective between you and Stanbic Bank Zambia Limited ("the bank", "we " or "us ") at the time of registering for Self-Service Banking or at the time you access Self-Service Banking, whichever occurs first. For purposes of this agreement "Self-Service Banking " includes Internet Banking, GSM, Mobile Banking, Email, E-Statements as well as banking and transaction notification services.

 

2. Incorporated Terms

In addition to this agreement, the terms and conditions of your debit card, account or loan facility (other terms) shall apply to all transactions you carry out or instruct us to carry out through bank accounts linked to the debit card or account number you select when using our Self-Service Banking. In the event of conflict between the provisions of this agreement and such other terms, the provisions of this agreement shall prevail. Where such other terms require amendments or additions thereto to be reduced to writing and/or signed, your acceptance of this agreement shall be deemed to satisfy such requirements.

 

3. Defining the device and medium

The device which you select to access our Self-Service Banking may include a computer, cell phone, tablet, smart watch or similar technologies (the device) and the medium through which you access Self-Service Banking may include the Internet, Wireless Application Protocol (WAP), Wireless Internet Gateway (WIG), Short Messaging System (SMS), Unstructured Supplementary Service Data (USSD), voice over an automated voice recognition system or similar technologies (the medium). We will refer to the device and the medium collectively as "the communication system ". Where a particular communication system requires contractual provisions different from other communication systems, this will be clearly stated in this agreement.

 

4. Linked Text

For ease of use, we have included automated links (hyperlinks) in this agreement to information elsewhere on the communication system. These links are indicated by blue underlined text and your mouse's cursor should change into a hand or other pointer when held over this text. You are obliged to view the relevant parts of the hyperlinked information, which information will be regarded as forming part of this agreement. If your communication system cannot access the hyperlinks, you must visit our website at https://www.stanbicbank.co.zm to access the linked information or contact our Customer Care Centre on +260 971 288 200 or +260 976 108 200.

 

5. Requirements and registration

Before you can use Self-Service Banking, you must follow certain steps:

• You must first register at your nearest branch, or on our website at https://www.stanbicbank.co.zm , by filling in a registration form or such other document or following such procedure as guided by the bank. You will be issued with a password that you have to change once you have logged on to the selected Self-Service Banking channel for the first time. You must then create your own password. For more information on how to do this you can visit
• Verification: You may not create a password using somebody else’s bank details. Before we allow you access to Self-Service Banking, we may require information from you so that we can verify that you are who you say you are. We will require your prior consent (express or implied), which consent will be deemed to have been granted by you at the time that you sign, either physically or electronically, the registration form or such document referred to in 6 above or at the time you accept these terms and conditions, and to perform credit or other checks on you before we process an instruction.

 

6. Fees

For the use of Self-Service banking, you will be charged the following fees:

• A monthly subscription fee; and/or
• A transaction fee based on the type of transactions you perform. Details of our standard subscription and transaction fees are available on our website and at our branches.

If you fail to pay our fees or if you have insufficient funds in the accounts which you have selected for this purpose, we reserve the right to refuse you access to the relevant Self-Service Banking channel and to debit all outstanding fees to any other account you have with the bank.

 

7. We will act on instructions that appear to have been sent by you

Use of a communication system means we do not interact face-to-face. Unless you notify us before we give effect to an instruction, you authorize us to rely on and perform all instructions that appear to originate from you (even if someone else is impersonating you..

 

8. Sending and processing instructions

Your instructions to us will be subject to the same turn-around times and processes that apply to your customer profile, the type of account you have, and type of transaction involved. More information on the turn-around times for processing of instructions is available at our branches. An instruction, including purchases of prepaid products, cannot be terminated or revoked once sent to us. You will not hold us liable if you enter incorrect transaction details or execute the same instruction more than once and neither instruction will be reversible.

 

9. Confirmation of receipt of your instructions

An instruction is deemed to be received by us only once we have confirmed we have received it. If we fail to confirm receipt of your instruction, do not re-send the same instruction before checking your statements and contacting our Customer Care Centre. This is because the initial instruction may still be processed and re-sending the instruction may lead to a double transaction for which we will not be held liable.

 

10. Access code protection and irregularities

An "access code" refers to your username, password and/or PIN. You must protect and keep your access codes confidential at all times. We rely on you to report any compromise of your access codes to us without delay. You may do this by calling our Customer Care Centre or your branch. We may ask you to verify your identity to prevent someone else from impersonating you. Once you ask us to disable an access code we have the right to:

• Reject all instructions received after such notification;
• Suspend the processing of all instructions not yet executed;
• Reverse (if possible) all executed transactions from such date and time as we may reasonably determine the unauthorised use to have commenced; or
• Deactivate the access code without further notice.

There will never be a reason for any person, including a member of our staff or Customer Care Centre, to know or ask for your access code. Do not give your access code to these persons, regardless of whether you called them or they called you. You must let us know immediately if you discover an error or irregularity. You can report any errors to our Customer Care Centre or at any branch.

 

11. Security and unauthorised use

• You are responsible for the safekeeping and proper use of your device, for keeping your PIN secret and for all transactions made using your PIN. You agree to indemnify us against any claims made for such transactions.
• If you dispute that any purchase or withdrawal debited to your account was authorised by you, you will have to prove it was not authorised by you.
• You are responsible for protecting your device against viruses when you use the internet to access our website and Self-Service Banking facilities.
• Your account may be accessed without your knowledge if your device or your PIN is compromised. We will not be responsible if your account is accessed or compromised because you fail to keep your device or your PIN safe.

 

12. One Time Password (OTP)

A unique and time-sensitive password is used as added security on communication systems. The password does not replace the password you use to log on to Self-Service Banking but provides a second layer of security. The OTP will be sent to you by SMS or email and is valid for one Self-Service Banking session only, for services that include, but are not limited to:

• Adding beneficiaries;
• Amending your password; or
• Changing your cell phone number.

 

13. Ending a session

You must ensure that you log-off from the Self-Service Banking service.

 

14. Your authority

You permit us to regard all activities you conduct or instructions sent after you enter your access code as being authorized by you and intended to have legal force and effect.

 

15. Sufficient notice

You permit us to issue notices required in terms of this agreement, legislation or regulation by making such notification available via our communication systems or sending such notification by email, SMS or similar future technologies. Any notices so issued by us, will as far as they contain contractual terms relating to Self-Service Banking, also form part of this agreement.

 

16. No offer, recommendation or solicitation

Unless clearly stated, all material on the communication system merely constitutes an invitation to do business with us. It does not constitute an offer or solicitation to buy or sell, or dispose in any way, of any investment, or to enter into any transaction.

 

17. Nature of information on the communication system

Information on the communication system is intended to provide you with only general information about the bank, its products, services and objectives. From time to time, we may provide information on:

• Projected revenues, income, earnings per share, capital expenditures, dividends, capital structure or other financial items; and
• Our plans, objectives and projections for future operations and services.

 

18. Information feeds

We may use the services of other organisations to provide information on the communication system. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is " and we will not be directly or indirectly liable for any damages that may arise from you relying on it. All quotes, news, market information such as share prices or data shown on the communication system by way of live information feeds are delayed by at least 30 minutes unless otherwise stated. You should always select the "refresh " or similar page or screen update function on your internet browser or device to ensure that the information you are viewing is the most current.

 

19. Links to third parties' communication systems

The communication system may contain links to other communication systems that carry information and material produced by other parties. While we try to provide links only to reputable communication systems, we cannot accept responsibility or liability for the information provided on other communication systems. A link from our communication system to any other communication system does not mean that we have scrutinised or endorsed the owners or administrators of such communication systems or their business or security practices and operations.

 

20. Our intellectual property

We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the communication system. You are authorised to view and download one copy, print and make copies of such printouts provided that:

• The material is used for considering or using Self-Service Banking and for no other commercial purposes; and
• Any reproduction of any portion of our proprietary material must include our entire copyright notice.
• Future economic performance. These will be only estimates so actual events or results may differ. All information is provided "as is " and should not be treated as professional or investment advice of any kind. You should consult your own professional advisers before relying on any information on the communication system.
• The logos and trademarks shown on our communication system are our registered and unregistered trademarks or those of third parties. Nothing contained on our communication system should be construed as granting any licence or right to use any trademark or other intellectual property without our prior written permission or that of the relevant third parties. Your application to use any content from our communication system must be submitted in writing. On receipt we may respond and enter into further discussions with you. Consider your request as declined if you don't get a written response from us within five (5) business days. Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the communication system, whether it constitutes confidential information or not, and that you shall have no right, title or interest in any such material.

 

21. Software

Your failure to use such software or hardware may result in a higher security risk and cause the communication system not to operate properly or not at all. Software, if any, made available for download on or via the communication system is governed by licence conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose or use of such software. No warranty, whether express or implied is given that any files, downloads or applications available via this communication system are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.

 

22. Transmission of information and security tips

Information transmitted via an unsecured link over a communication system is susceptible to potential unlawful access, distortion or monitoring. You must comply with the security tips which are published on our website or shared with you via various channels from time to time. As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result thereof. To limit these risks, we may request independent verification of any information transmitted by you via our communication system from time to time.

 

23. Indemnity

You indemnify us for all losses and costs we may incur on your behalf due to:

• Non-payment;
• Any instruction or transaction exceeding the amount available in your bank account; or
• Unauthorised instructions executed by us that were not due to our negligence.

 

24. Unavailability of Self-Service Banking

We will at all times and for whatever reason, have the sole and exclusive right to suspend or terminate Self-Service Banking without any prior notification or giving any reasons for such termination or suspension. You acknowledge and accept that Self-Service Banking may be unavailable from time to time for any reason, including: technical failure or problems with the communication system itself or our communication system underlying banking systems (the bank system); technical failure or problems with a communication system directly or indirectly underlying Self-Service Banking that is owned or controlled by other persons (third party system); unavailability of telecommunication or electricity services; or other circumstances beyond our control .You undertake, in the event of unavailability of Self-Service Banking, to limit your potential losses by using any other means of communication with us for the duration of the unavailability of Self-Service Banking.

 

25. Warranties and representations

We do not warrant that the communication system or Self-Service Banking will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

 

26. Disclaimer and limitation of liability

For purposes of this clause "we " or "us " or "our " includes the bank as well as its affiliates, shareholders, employees, consultants and agents. Although we have taken care to ensure that the content provided on the communication system is accurate and that you suffer no loss or damage as a result of you using it, the communication system and Self-Service Banking are provided "as is ". We are not liable for any damages whatsoever relating to your use of the communication system or Self-Service Banking. This includes the information contained on the communication system or your inability to use the communication system or Self-Service Banking, including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage. Without derogating from the generality of the foregoing, we are not liable for:

• Any damages which you suffer as a result of a compromise of your access codes;
• Any interruption, malfunction, downtime or other failure of the communication system or Self-Service Banking, our banking system, third party system, databases or any component part thereof for whatever reason;
• Any loss or damage which arises from your orders, investment decisions, purchases or disposal of goods and services, including financial instruments or currencies, from third parties based upon the information provided on the communication system;
• Any loss or damage with regard to your or any other data directly or indirectly caused by malfunction of our bank system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on the bank system or third party systems; programming defects;
• Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity and water suppliers, local authorities and certification authorities;
• Any loss or damage that you suffer as a result of your failure to comply with any regulatory requirements, including, but not limited, furnishing any documentation to facilitate successful completion of any transaction initiated on Self-Service banking; or
• Any event over which we have no direct control.

 

27. Breach

We may terminate your access to Self-Service Banking if you breach a material term of this agreement and fail to remedy it within five (5) days of you being notified of it. We may do this without detracting from our right to take any other steps available to us at law or under this agreement, including the right to obtain an interdict.

 

28. How disputes will be resolved

All disputes arising as a result of your use of Self-Service Banking, the interpretation of this agreement or any matter which in terms of this agreement requires agreement by the parties (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction) will be decided by arbitration in accordance with the Arbitration Act No. 19 of 2000. A demand notice for Arbitration may be served by either party and within fourteen (14) days of such demand being served the matter may be referred to a sole arbitrator to be agreed upon by both parties, or in the absence of such an agreement, the arbitrator shall be appointed by the chairperson of the Chartered Institute of Arbitrators, Zambia Branch. The arbitrator shall render a written decision no later than 60 days after the matter was referred to arbitration or so soon thereafter as possible. Venue for arbitration shall be in Lusaka. Each party shall pay its own attorney fees and costs notwithstanding which party prevails. The award of the arbitration panel shall be binding on the parties. Either of us is entitled to have the award made an order of court of competent jurisdiction. Both of us will keep the evidence in the arbitration proceedings and any order made by an arbitrator confidential unless otherwise contemplated herein. The arbitrator will have the power to give default judgement if either of us fails to make submissions on due date or fails to appear at the arbitration.

 

29. Capacity to enter into agreements

You warrant to us that you have the required legal capacity to enter into and be bound by this agreement. Anyone below the age of 18 must be assisted by their legal guardian when reading this agreement. If you are below 18 years of age you have to speak to your legal guardian or parents. If you are unsure whether you have the legal capacity to enter into agreements, you have to contact someone able to provide you with this information before you continue to use Self-Service Banking. Our Customer Care Centre will be able to help you clear this up.

 

30. Notifications

To prevent unnecessary disputes, you agree that unless you can prove otherwise, a certificate signed by a manager of the Bank whose appointment/capacity need not be proved or his representative is sufficient proof of the date of publication, withdrawal, transmission and content of:

• The current version and all previous versions of this agreement,
• Notices and disclaimers posted on the communication system, and
• Notification sent under this agreement.

 

31. Our address for notices and service of legal process

For the purpose of service of any legal process we choose the following registered address:

Stanbic Bank Zambia Limited 
Plot 2375, Addis Ababa Drive 
Lusaka 
Zambia 

 

32. Data protection

You consent to us collecting 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. 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 our products or services are provided; and (c) receive any privacy notices on their behalf.

You consent to us Processing your Personal Information:

• To provide products and services to you in terms of this agreement and any other products and services for which you may apply;
• 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);
• 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;
• By sharing your Personal Information with our third-party service providers, 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;

You have the right to withdraw consent to us Processing your Personal Information at any point during the tenor of this agreement upon reasonable notification to us. You will find our Processing practices in our privacy statements. These statements are available on our website or on request.

If you are unsure about your tax or legal position because your Personal Information is Processed in countries other than where you live or conduct business, you should get independent advice.

“Personal Information” means information about an identifiable, natural person and where applicable, a juristic person, including, but not limited to information about: race; gender; sex; pregnancy; marital status; nationality; ethnic or social origin; colour; 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, e-mail, postal or physical address, telephone number; location; any online identifier; any other particular assignment of 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;

“Process” means any operation or activity or any set of operations, whether or not by automatic means, concerning Data, including its collection, receipt, recording, organisation, collation, storage, updating or modification, merging, linking, blocking, degradation, erasure or destruction retrieval, alteration, consultation, testing or use, dissemination or distribution by any means and "Processing" will have a corresponding meaning.

 

33. Marketing/Research Consent

As part of our service, companies in our Group may provide you with information on products and services offered by them that we believe will benefit you. In order to do this, these companies will need your details from us. We also sometimes tell you about other companies’ products and services. We do so only if we believe that the information may be of interest to you. Your contact details remain confidential and are not given to these companies unless you indicate that you are interested in the offer. We further sometimes research our market to help us improve our products and services. The research companies we use follow strict codes of conducts and treat customers’ information confidentially.

By agreeing to this agreement, you accordingly grant us marketing and research consent as set out in this term and condition. You also agree to receiving communication from us on all our products and services.

Please note that you reserve the right to opt out of being contacted for marketing or research purposes and you can do so by calling the Customer Care Centre +260 971 288 200 or +260 976 108 200 or vising the nearest branch.

 

34. General provisions

The headings of the clauses in this agreement are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify this agreement. Where any dates or times need to be calculated in terms of this agreement, the international standard time (GMT) plus two (2) hours will be used. Whenever disputes result from the peculiarities of the communication system, we both authorise a court or arbitrator, as the case may be, to interpret this agreement in such a manner as to facilitate normal banking without placing undue emphasis on technical issues. No failure or delay by us to exercise any of our rights is to be construed as a waiver of any such right, whether this is done expressly or is implied. It will also not affect the validity of any part of these conditions or prejudice our right to take subsequent action against you. If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable to any extent; such term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid to the full extent permitted by law. If you have any questions about this agreement or do not understand anything in this agreement, please call our Customer Care Centre +260 971 288 200 or +260 976 108 200.

 

35. Law governing our relationship

This agreement will be governed and construed in accordance with the laws of the Republic of Zambia without reference to any conflict of law provisions, and any dispute arising therefrom shall be determined in accordance with such laws.

 

36. Amendments

We may amend this agreement from time to time and you are bound by the version of this agreement that exists at the time you access Self-Service Banking.