Welcome to the new and
updated website of Bank Windhoek Ltd (“Bank Windhoek" or “We").
We are still the same bank
you have come to know and trust over the years and we hope that you will find the
products, services and information offered on our website interesting and useful in
your day-to-day life.
To avoid any
misunderstandings when viewing or using the information contained on our website,
which could result in possible disputes, we kindly request that you carefully read
the following disclaimer.
Disclaimer:
We have taken care to
ensure that the content of this website and/or online services are accurate, this
website and the services on or via this website are provided “as-is" and your
use of and reliance on the information on this website and the online services are
at your own risk.
By visiting and/or viewing
the contents of and/or applying for any of the products and services offered on the
Bank Windhoek website, you agree to the following:
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All the information appearing on the
Bank Windhoek website is made available without any representation and/or
warranty, whether expressed, implied or tacit, by Bank Windhoek.
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All information pertaining to Bank
Windhoek products and services, including the terms and conditions applying to
such products and services, appearing on the Bank Windhoek website is subject to
change without notice.
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Bank Windhoek accepts no liability for
any loss, whether direct, indirect or consequential, arising from the use of
information appearing on the Bank Windhoek website or any transactions that may
be concluded from it.
The laws of the Republic
of Namibia shall govern the terms and conditions of any products and services
offered on the Bank Windhoek website. In the event that any disputes, proceedings or
actions are instituted by either party against the other arising from the aforesaid
terms and conditions or from any application for any products and services offered
on the Bank Windhoek website, then both parties consent to the jurisdiction of the
High Court of Namibia or any other applicable Namibian court.
All calculations made on
any of the calculators made available on the Bank Windhoek website, including any
interest rates stipulated, shall be regarded as a guideline and for information
purposes only and are subject to confirmation at the time that any transaction is
finalised.
Terms of
Service:
Terms and conditions
of website and online services use.
Considering the highly
confidential nature of online banking, it is extremely important that you read and
understand the following terms and conditions under which you will make use of the
information and services offered on our website.
Acceptance
These conditions become
effective and binding upon you when you access our website and/or online services
and constitute a valid binding agreement between you and Bank Windhoek Limited. The
current version of these conditions, as published and appearing on our website, will
govern our respective rights and obligations each time you access our
website.
Online banking
services
Our online banking
services and products (“online services") are subject to prescribed
registration procedures and approvals, which we may, at our sole discretion, accept
or reject without having to justify a reason therefore. Our online services are
governed by separate terms and conditions (“product terms") that are available
on the relevant sections of this website. In case a conflict arises between these
terms and conditions of use and the Product terms, the provisions of the Product
terms will prevail and apply in all instances.
Nature of the
information appearing on our website
All information appearing
on our website is only intended to provide you with general information about us,
our products, services and objectives. No information on this website should be
treated as an offer from us to you. All information contained on this website is for
information purposes Actual events or results may differ from these
projections.
We may provide the
following information, from time to time, on our website:
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Information on our projected
revenues, income, earnings per share, capital expenditures, dividends,
capital structure or other financial information.
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Information regarding the
plans, objectives and/or projections of Bank Windhoek for future operations,
including those relating to the services of the bank.
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Future economic
performance.
You are strongly advised
to consult your own professional advisors when relying on or making use of any
information on this website. All information is provided "as is" and must
not be treated as professional or investment advice of any kind.
Your right to privacy
concerning your personally identifiable information:
Our commitment to your
privacy and the security of your personally identifiable information is outlined in
our privacy statement.
We may at times request
that you share personally identifiable information in the act of providing a
service, support or to enable us to communicate with you when accessing and/or
making use of our website or other online services.
Amendments to these
conditions
We may amend these terms
and conditions from time to time. By accessing this website, you are bound to the
latest version of the conditions published and appearing on our website at the time
of any visit to our website. Furthermore, you agree to view the current version of
these conditions on each occasion you access our website.
A certificate signed by
the website administrator/webmaster responsible for maintaining our website will be
prima facie proof of the date of publication and content of the current version and
all previous versions of the terms and conditions.
Use of external
information and links
We may use the services of
other organisations to provide information on the website. 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 used at your own risk. We will not be directly or
indirectly liable for any damages that may arise from your reliance on it.
This website may contain
links to other websites with information and material produced by other parties.
While we try only to provide links to reputable websites, we cannot accept
responsibility or liability for the information provided on other websites. A link
from our website to any other website does not mean that we have scrutinised or
endorsed the owners or administrators of the websites or their business or security
and privacy practices and operations.
Intellectual property
rights to information on our website
We retain all copyright
and other intellectual property rights in all material, including logos and other
graphics and multimedia works published on or via our website.
The logos and trademarks
appearing on our website are registered trademarks. Nothing on our website should be
construed as granting any license or right to use any trademark without our prior
written permission. You may not, without our prior written permission, use our
intellectual property.
Irrespective of the
existence of copyright, you acknowledge that Bank Windhoek Limited is the proprietor
of all material on our website, whether it constitutes confidential information or
not, and that you have no right, title or interest in any such material.
Software
You are required to use
and maintain hardware and software of sufficient quality and performance capability
and to use only the latest versions of internet browsers or any other applications.
Your failure to use these browsers or applications may result in a higher security
risk and/or cause some or all of the functionality of our website or online services
not to operate properly or at all.
Bank Windhoek Limited
gives no warranty, whether express or implied, that any files, downloads or
applications available via its website or any official distributers are free of
viruses 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.
Transmission of
information over Internet
Information transmitted
via an unsecured link over the Internet, including e-mail, is susceptible to
potential unlawful access, distortion or monitoring by unscrupulous persons. The
encryption of our system as described in our privacy policy represents the steps we
have taken to minimise these risks.
Due to the nature of the
Internet, we cannot completely prevent unlawful activities by unscrupulous persons.
As such, you accept that we cannot be held liable for any loss, harm or damage
suffered by you as a result. To assist us in our efforts to combat these risks and
the perpetration of unlawful activities by unscrupulous persons, we may request
independent verification of any information transmitted by you via our website or
e-mail from time to time.
Termination,
suspension and limitation of our website
We may, where we, at our
sole discretion, deem it necessary, modify, suspend or discontinue our website or
any online service, whether temporarily or permanently, without notice to
you.
We also reserve the right
to impose limits or conditions on your right to certain services, features or
functions contained on our website and we may restrict access to parts of or all of
the services on our website.
Warranties and
representations given:
Bank Windhoek does not
warrant that its website or online services will be error-free or will meet any
particular criteria of accuracy, completeness or reliability of information,
performance or quality.
Bank Windhoek expressly
disclaims all implied and express warranties, including, without limitation,
warranties of fitness for a particular purpose, non-infringement, compatibility,
security and accuracy of this, its website or any online service.
DISCLAIMER AND
LIMITATION OF LIABILITY
Although Bank Windhoek has
taken care to ensure that the content appearing on its website is accurate and that
you suffer no loss or damage as a result of your use of its website, the Bank
Windhoek website and the online services provided on the website are provided to
you, as a customer, on an "as is" or “voetstoots" basis.
As a customer, you
furthermore assume full responsibility for the risk or loss resulting from your use
of our website and your reliance on the material and information contained on
it.
Bank Windhoek and our
subsidiaries, affiliates, shareholders, agents, consultants or employees are not
liable for any damages whatsoever relating to your use of our website or the online
services provided or the information contained on our website or your inability to
use our website or the online services.
Without limitation or
restriction, Bank Windhoek's non-liability aforesaid includes any direct,
indirect, special, incidental, consequential or punitive damages, whether arising
out of contract, statute, and delict or otherwise and regardless of whether Bank
Windhoek was expressly advised of the possibility of such loss or damage.
Bank Windhoek will,
without derogating from the generality of the above statement, not be liable
for:
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Any interruption, malfunction,
downtime or other failure of our website or online services, our system,
databases or any of its components, for whatever reason.
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Any loss or damage arising
from your transactions and investment decisions based on the information
provided on our website.
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Any loss or damage with regard
to customer data or other data directly or indirectly caused by malfunction
of our system, third party systems, power failures, unlawful access to or
theft of data, computer viruses or any other destructive code on our system
or third party systems and programming defects.
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Any interruption, malfunction,
downtime or other failure of services provided by third parties, including,
without limitation, third party systems such as telecommunication service
providers (currently provided by Telecom Namibia), Internet service
providers, electricity suppliers (currently provided by Nampower), local
authorities (as defined in the Local Authorities Act, 23 of 1992) and
Internet security certification authorities
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Any event or incident over
which we have no direct control or authority.
Dispute
resolution
Subject at all times to
the relevant product terms, all disputes arising as a result of your use of our
website or pertaining to the interpretation of these conditions or on any matter
which, in terms of the conditions, requires agreement between us will be submitted
to and decided by arbitration.
The arbitration will take
place at our Head Office in Windhoek, where only Bank Windhoek (and our
representative) and you (and your representative) may be present.
There shall be one
arbitrator, who shall:
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If the matter is primarily a legal
matter, be an impartial admitted legal practitioner or advocate of not less
than ten (10) years standing
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If the matter is a primarily
an accounting or financial matter, be an impartial auditor of not less than
ten (10) years standing, and be agreed upon between us. Failing agreement
within 5 (five) business days of the arbitration being demanded, either of
us shall be entitled to require the appointment of an arbitrator by the
Chairman for the time being of the Society of Advocates (Windhoek) who, in
making his/her appointment, shall have regard to the nature of the dispute
in question
The arbitration shall be
conducted according to such procedure as shall be laid down by the arbitrator,
provided that:
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Such procedure shall be designed
to have the result (if practical) that the arbitration be completed within
20 (twenty) business days after it shall have been demanded.
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The arbitration shall be
conducted in an informal manner but nonetheless in accordance with the
provisions of the Arbitration Act, Act 42 of 1965 (as
amended).
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The arbitrator shall be
entitled to dispense with the rules of procedure and discovery, to the
extent that he/she deems this necessary so as not to delay the expeditious
conclusion of the proceedings, but he/she shall observe the rules of
evidence.
The decision of the
arbitrator shall be final and binding on us and shall be carried into effect. The
arbitrator's award may be made an order of any court of competent jurisdiction.
We both undertake to keep the evidence in the arbitration proceedings and any order
made by any arbitrator confidential unless otherwise contemplated.
Your contractual
capacity
You hereby warrant to us
that you have the requisite legal capacity to enter into and be bound by contractual
terms and as such warrant that these conditions are binding upon you.
If you are a minor, your
legal guardian must assist you when reading these conditions.
Proof of the operation
of our website
A certificate signed by
our webmaster/ website administrator will constitute prima facie proof of the
operation or functionality of our website and the online services or any part
thereof and the contents of any information displayed on our website on a given
date.
Our address for
notices and service of legal process
Our chosen address for any
notices and service of legal process is 6th Floor Capricorn Group Building, Kasino
Street, Windhoek Namibia.
Applicable
law
These conditions will be
governed and construed in accordance with the law of the Republic of Namibia without
reference to any conflict of law provisions.
General
No failure or delay by us
in exercising any of our rights will be construed as a waiver of any such right,
whether this is done expressly or implied, nor will it affect the validity of any
part these conditions or prejudice our right to take subsequent action against
you.
If any of these terms,
conditions or provisions is held to be invalid, unlawful or unenforceable, the
terms, conditions or provisions will be deleted from the remaining terms, conditions
and provisions which will continue to be valid to the full extent permitted by
law.
Contact address for
queries
If
you have any questions or do not understand the above conditions, please contact us via
our 24-hour Customer Contact Centre via e-mail at info@bankwindhoek.com.na.
