These terms and conditions of use ("agreement") govern the access and general use of the Mercantile Bank a division of Capitec Bank Limited ("Mercantile") website, www.mercantile.co.za ("the website"). This agreement constitutes an agreement between the user ("you") and Mercantile and/or other entities in the Mercantile Group and the Capitec Group (where applicable) and it is therefore important that you read and understand these terms and conditions.
2. Acceptance by you of the terms and conditions of this agreement
2.1 The website is made available to you by Mercantile subject to your acceptance, of the terms and conditions of this agreement. Accessing of and using the website constitutes an acceptance by you of this agreement and an undertaking to abide by the terms and conditions set out herein. Should you object to or disagree with any provision contained in this agreement, please do not use the website.
2.2 Mercantile may from time to time and in its sole discretion, amend this agreement at any time without notice to you. Any such amendments shall come into effect immediately and automatically. You agree to review this agreement, for any such amendments, whenever you visit the website. You will however be bound by the terms and conditions published on the website at the time of access.
3. Information on the website
3.1 The information on the website is general information about Mercantile and Mercantile's products and services. This information is to serve as a guideline only and is subject to final verification and confirmation on conclusion of any transaction. Any reliance upon any such information shall be at your sole risk.
3.2 Information provided by other parties may be published on the website. Mercantile has no control over this information makes no representations regarding the information and cannot warrant that it is accurate, appropriate or correct. In addition, live information feeds could be delayed and you should always ensure that you are viewing the most current information.
3.3 The information on the website must not be construed as:
3.3.1 an offer, it is merely an introduction to our products and services; or
3.3.2 financial, legal, investment or professional advice of any kind. You must consult a professional advisor before you rely on any information that is published on or accessible via the website.
3.4 The information is provided "as is" and Mercantile will not be directly or indirectly liable for any damages that may arise if you rely on this information.
3.5 Mercantile gives no warranty of whatsoever nature expressed or implied as to the accuracy, reliability and completeness of any information on this website
4.1 For your convenience, the website may contain images and links to other websites belonging to or operated by third parties ("third party websites"). Mercantile is not endorsing any such third party websites, the content thereof, products or services they offer or the owners of these third party websites.
4.2 Mercantile has no control over such third party websites. Please ensure that you obtain all information relevant to such third party websites (including but not limited to conditions and policies) before using any information on these third party websites.
4.3 Mercantile will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites. You agree that where you access third party websites, you do so entirely at your own risk.
5. Online products
5.1 The various products and services ("products") Mercantile offer on different parts of the website or through associated websites are subject to their own agreements referred to as "product terms" and your use of those products will also be subject to the product terms governing those relevant products.
5.2 In the event of conflict between this agreement and the product terms, the provisions of the product terms will prevail to the extent of such conflict.
5.3 These products are subject to application and registration, which application may be accepted or rejected at Mercantile's sole discretion. Any auto response to an application should not be construed as an approval of the application.
5.4 These products will be subject to fees and charges
which will be dealt with in the product terms. Mercantile reserves the right to amend such fees and charges from time to time.
6. Privacy and Security
7. Intellectual Property
7.1 The website is subject to copyright and intellectual property rights of Mercantile and other third parties.
7.2 You may not copy, reproduce, display or use any intellectual property of Mercantile or third parties which are used under license by Mercantile in any manner whatsoever without Mercantile's prior written permission and nothing contained on the website should be construed as granting any licence or right of use of any intellectual property.
No hyperlink, frame, metatag or similar reference, whether electronically or otherwise ("linking") to the website or any other subsidiary pages may be established without Mercantile's prior written consent, who may in its sole discretion reject or grant the application subject to conditions determined by Mercantile.
9.1 Unless the product terms provide for it you may not provide Mercantile with an instruction via email or the website.
9.2 Notwithstanding the aforesaid you authorise Mercantile to act on any communication that purports to originate from you and you will not hold Mercantile liable if we act on such communication or if you execute an instruction more than once.
9.3 It remains your choice to communicate with Mercantile via e-mail or the website and you herewith accept and acknowledge that there is a risk that such communication may be subject to unlawful accessing or monitoring.
9.4 You accept and agree that Mercantile cannot be held liable for any loss, damage, claim, costs or expense arising from any unlawful access, monitoring of or tampering with any communications received from or sent to you.
10.1 Please ensure that your infrastructure (hardware and software) is regularly updated as it may result in a security risk to you and/or cause some or all of the functionality of the website or online products not to operate properly or at all.
10.2 Any software, if any, made available for download on or via the website may be governed by licence conditions that establish a legal relationship with the licensor. Please ensure that you familiarise yourself with such terms and conditions as it governs your relationship with such third party licensor. You agree that Mercantile shall not be responsible or liable for any damages, claims, losses or expenses resulting from or in connection with such third party terms and conditions. You indemnify Mercantile against any breach by you of these terms and conditions.
11. Code of Banking Practice
Mercantile subscribe to the Code of Banking Practice which will apply to Mercantile's relationship with you and other customers who fall within the ambit of the Code.
12. Disputes which cannot be resolved
If Mercantile cannot resolve your complaint within a reasonable time you are free to lodge a formal complaint at the office of the Banking Ombudsman, provided that your complaint falls within the jurisdiction of the Banking Ombudsman. For more information on how this process works, please visit: www.obssa.co.za
13. Information required to be disclosed by law
You may be entitled to certain information in terms of the Code of Banking Practice and legislation such as the Financial Advisory Intermediary Services Act 37 of 2002. Should you not be able to find the information on the website please contact us via e-mail and we will direct you to it.
14. Availability of the website
14.1 Mercantile in its sole discretion and without notice may suspend or discontinue the website, modify it or impose limits on the rights of use, features or functions; or restrict access to the website or parts thereof.
14.2 This website may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks. For the duration of such unavailability you must use Mercantile's other available banking channels.
15.1 To the fullest extent permissible by law, Mercantile expressly disclaims all (express and implied) warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While Mercantile takes all reasonable precautions to prevent this, it does not warrant that the website or any software available for download via the website is free of viruses or destructive code.
15.2 All the information appearing on this website is provided without representation or warranty whatsoever, whether expressed or implied, and Mercantile accepts no liability in this regard.
16.1 Use of this site and the online products is entirely at your own risk and you assume full responsibility for the risk or loss resulting from the use of the website and your reliance on information contained on it.
16.2 Mercantile does not represent or warrant that the website, any tools, software, advice, opinion, statement, information, content or online products will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such tools, software, advice, opinion, statement or information shall be at your sole risk. Mercantile reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website.
16.3 Mercantile accepts no liability for any damages, losses, claims, costs or expenses ("damages") whether direct, indirect, special, incidental, or consequential whatsoever relating to your usage of the website or the online products or information contained on the website or your inability to use the website or the online products, whether such damages arose out of contract, or delict or otherwise and regardless of whether Mercantile was expressly advised of the possibility of such damages.
16.4 Without derogating from the generality of the above, Mercantile will not be liable for:
16.4.1 Any interruption, malfunction, downtime, loss of data, programming defects or other failure of the website or online products, Mercantile's system, third party systems, databases or any of its components, power failures, unlawful access or tampering, hacking or computer viruses;
16.4.2 Any interruption, malfunction, downtime or other failure by third parties such as telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event any party over which Mercantile has no direct control.
A certificate signed by an employee of Mercantile (whose authority need not be proved) will constitute prima facie proof of the operation or functionality of any online service, product or part thereof and the contents of any information displayed (and any information relating thereto including but not limited to the date of publication, version or previous revisions) on the website on a given date. Mercantile's Privacy and Security policy or the relevant terms which govern an online product.
18. Applicable law and jurisdiction
This agreement and any product terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa and use of this website or any application for any of the products or services offered on the website will constitute the consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from this agreement or the product terms.
19. Illegal use of website
You may not use the website for any unlawful purpose whatsoever and in order:
19.1 to maintain the integrity and security of the website and information technology systems; and
19.2 to investigate and detect any unauthorised use of our website and information technology systems; and
19.3 to secure the effective operation of the website and information technology systems;
you herewith expressly agree to the monitoring of your e-mail communications and internet access to the website.
All legal notices relating to specific products must be delivered as provided for in the relevant agreements.
21. Capacity to enter into agreements
In using the website you represent and warrant that you have the required legal capacity (full age or emancipated or have your guardians consent and assistance) to enter into and be bound by this agreement.
22. Liability to Mercantile
You will be liable to Mercantile for any liabilities, losses or expenses incurred by Mercantile as a result of any breach by you of these terms and conditions.
23. General provisions
23.1 Clause headings in this agreement are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
23.2 Where any dates or times need to be calculated in terms of this agreement, the international standard time: GMT plus two hours shall be used.
23.3 No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of this agreement which Mercantile may show, grant or allow you or failure or delay by Mercantile to exercise any of our rights will operate as an estoppel against Mercantile or constitute a waiver of any such right. Mercantile shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
23.4 If any of these terms, conditions or provisions are held to be illegal, invalid, unlawful or unenforceable, the term, condition or provision will be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and deleted from this agreement without invalidating the remaining terms, conditions and provisions of this agreement.
24. Contact details
Mercantile's contact details can be found on the "Contact Us" page.