Terms and conditions of the Nedbank Masterpass service
1 Preamble
1.1 The Nedbank Masterpass Service is a digital wallet service offered by Nedbank and Mastercard.
1.2 The Nedbank Masterpass Service stores the user's selected payment and shipping information in a digital storage facility and such selected information is then transmitted at the user's request to a Masterpass Merchant for the User to purchase products and services.
1.3 The User agrees to these Terms by using the Nedbank Masterpass Service.
2 Definitions
2.1 In these Terms the words:
2.1.1 '3D Secure' means Verified by Visa and Mastercard SecureCode.
2.1.2 'App' means the Nedbank Masterpass Service application for your Device, through which you can pay for Transactions;
2.1.3 'App Store' means your Device’'s application store provided by Apple, Blackberry, Android or Windows, as is applicable to you;
2.1.4 'Card(s)' means your compatible credit, debit, charge and/or cheque card(s) with a PIN, including prepaid card(s);
2.1.5 'Default Card' means the Card you chose as your default payment option when you registered your Card(s) on the Masterpass Wallet;
2.1.6 'Device' means the smartphone or tablet that you use to access the App;
2.1.7 'Group' means Nedbank's affiliates, associates, subsidiaries and divisions together with Nedbank’'s holding company and its affiliates, associates, subsidiaries and divisions;
2.1.8 'Intellectual Property' means all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with such inventions, patents, designs, trademarks, service marks, trade names; copyright, including all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers' or developers' notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, knowhow, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and User data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character, whether registered or capable of registration, rights in the nature of any of the aforesaid items, whether registered or unregistered in any country or jurisdiction, and all applications and rights to apply for protection of any of the same worldwide;
2.1.9 'Issuer' means the bank or financial institution that issued your Card to you;
2.1.10 'Mastercard' means Mastercard Worldwide and any of its related companies;
2.1.11 'Masterpass Merchant' means a merchant that displays the Nedbank Masterpass Service acceptance mark (eg Buy with Masterpass) at their store or on their website, mobile site, electronic bill or smart device application;
2.1.12 'Masterpass Wallet' means a digital storage facility on your Device wherein you store Payment Information that will be used by the Masterpass Merchant to process Transactions;
2.1.13 'Nedbank' means Nedbank Limited (registration number 1951/000009/06) and its successors or assigns, including the Group, unless otherwise indicated;
2.1.14 'Nedbank Masterpass Service' means the digital wallet service offered by Nedbank and Mastercard;
2.1.15 'Password' means the password chosen by you for purposes of the App;
2.1.16 'Payment Information' means your Card number and expiration date, billing information and other information about your Card(s), along with your preferred shipping address;
2.1.17 'Personal Information' means all personal information about you, including information about your race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device’'s global positioning system, biometric information and financial, criminal or employment history. For purposes of these Terms and the Nedbank Masterpass Service, your Personal Information also includes your Payment Information;
2.1.18 'PIN' means personal identification number;
2.1.19 'Processing' or 'Process' means any operation or activity, whether automated or not, concerning Personal Information, including: collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination (by means of transmission, distribution or making available in any other form), merging, linking, blocking, degradation, erasure or destruction of information;
2.1.20 'SafeKey' means the American Express® online identity authentication tool;
2.1.21 'Terms' means these terms and conditions, which apply to you individually and to your use of the Nedbank Masterpass Service;
2.1.22 'Third-party Site(s)' means any website or content that belongs to a third party (including a Masterpass Merchant) that is either featured on the App or is linked to the App;
2.1.23 'Transaction(s)' means any transaction(s) where you purchase any product or service from a Masterpass Merchant by transmitting your Payment Information through the Nedbank Masterpass Service; and
2.1.24 'User' means you, the user of the Nedbank Masterpass Service subject to the Terms.
3 Interpretation
3.1 Unless the context indicates a different intention:
3.1.1 'we', 'us' and 'our' refer to Nedbank Limited, its successors in titles and assigns of 135 Rivonia Campus, 135 Rivonia Road, Sandown, Sandton;
3.1.2 'you' and 'your' refer to the User using the Nedbank Masterpass Service, subject to these Terms;
3.1.3 we have defined some words in these Terms and these words will begin with a capital letter;
3.1.4 singular words include the plural and the other way around; and
3.1.5 important clauses that may limit our responsibility or pose some risk to you will be in bold and italics.
4 Use of the Nedbank Masterpass Service
4.1 You must download the App from the relevant App Store onto your Device. Your use of the App is subject to the terms of the App Store you downloaded the App from. You specifically acknowledge and agree that the App Store is not our agent and if you experience any difficulty with the App or if you suffer loss attributable to the App, you must engage directly with the App Store.
4.2 You must register for a Masterpass Wallet.
4.3 During the registration process you will be asked to provide the following:
4.3.1 your name and surname;
4.3.2 a valid email address;
4.3.3 your date of birth;
4.3.4 your Password; and
4.3.5 your Payment Information.
4.4 You can change your Password as often as you want by logging on to the App.
4.5 If you have more than one Card registered to your Masterpass Wallet, you can choose which Card to use when making a purchase, either by using your Default Card or by selecting another Card at the time of purchase. There is a limit on how many Cards you may register to your Nedbank Masterpass Service.
4.6 You are solely responsible for maintaining up-to-date and accurate information pertaining to your Masterpass Wallet, including all Payment Information. We are not responsible for incorrect and/or invalid information given by you.
4.7 You may only use the App on the Device with which you registered for the Nedbank Masterpass Service.
4.8 You may use only the latest version of the App. The App Store will notify you of any updates or upgrades that are available to you. If you do not install the latest version, the App may not work correctly and you may experience security and/or data flaws, for which Nedbank will not be liable under any circumstances.
4.9 You may use the Nedbank Masterpass Service only on your own behalf.
4.10 You may register more than one Masterpass Wallet; however, you may not upload the same Card onto more than one Masterpass Wallet.
4.11 The use of the Nedbank Masterpass Service is subject to the following:
4.11.1 the Terms;
4.11.2 the terms and conditions of Nedbank's website, *nedbank.co.za*1, including the privacy and security statement, and any other relevant terms;
4.11.3 the App and App Store terms and conditions;
4.11.4 the Masterpass Merchant terms and conditions;
4.11.5 regulations or terms for 3D Secure, Authenticated Mobile Transactions (AMT) and SafeKey or any other authentication process used by your Issuer; and
4.11.6 the terms and conditions that govern your use of your Card(s).
4.12 By clicking on 'accept', 'proceed' or 'continue' or by using the Nedbank Masterpass Service you represent and warrant that you are at least 18 years of age, capable of entering into a legally binding agreement and the primary accountholder in respect of all the Cards linked to the Masterpass Wallet.
5 Transacting with a Masterpass Merchant
5.1 When you click on the 'Buy with Masterpass' button (or other prompter) at a Masterpass Merchant, the Payment Information that you have registered in your Masterpass Wallet will be used to process your Transaction.
5.2 Each Transaction is subject to the Masterpass Merchant's specific terms and conditions, which is a contractual relationship directly between you and the relevant Masterpass Merchant. Our inclusion of a Masterpass Merchant in the Nedbank Masterpass Service does not constitute any approval, endorsement or warranty by us of such Masterpass Merchant or the products or services offered by it.
5.3 You must check that your purchase is correct, not only with regard to the contents of your purchase, but also with regard to the details of the Masterpass Merchant. We will process your instruction to debit your Card for the particular Transaction in real time. Once you have submitted your Transaction, it cannot be reversed.
5.4 We are not responsible for any loss you suffer if you enter the incorrect details for your Transaction.
5.5 We are not responsible for any loss or damage you suffer because you duplicated a purchase and Nedbank duplicated the debit.
6.1 You must determine if the Nedbank Masterpass Service is suitable and adequate for your needs.
6.2 You agree not to use or access the Nedbank Masterpass Service carelessly or negligently.
6.3 You agree that you will not use the Nedbank Masterpass Service in contravention of any applicable laws, regulations and/or these Terms.
6.4 You must ensure that your use of the Nedbank Masterpass Service complies with the terms and conditions of the Cards you use with your Masterpass Wallet.
6.5 Nothing in these Terms overrides the terms and conditions of your Cards, as agreed with the Issuer, and you must comply with such agreement. If you have any issues regarding any of your Cards, then you must contact your Issuer directly.
6.6 If you have any disputes with respect to any Transaction made through the Nedbank Masterpass Service, you must contact the Masterpass Merchant with which you performed the Transaction.
7 Fees and costs
7.1 While the Nedbank Masterpass Service is currently available free of charge, Nedbank may, at its sole discretion, charge for it (or additional features or functionality) at any time in the future after giving written notice thereof.
7.2 Standard data costs will be charged when you download the App and every time you access the App. These costs are charged by your mobile network operator. Any questions related to your data costs must be sent to your mobile network operator.
7.3 You are liable for all charges and debits to your Cards that result from Transactions, including any fees charged by the relevant Issuer.
8 Keeping your Masterpass Wallet Secure
8.1 You are responsible for keeping your Password and PIN secure and for all activities that occur through your Masterpass Wallet, including the activities of others, and for ensuring that all such activities are authorised.
8.2 If you do not keep your Password and PIN secure, you give up any claim you may have for any loss or damage you may suffer because you have not kept them safe. After your Password and/or PIN have been entered, Nedbank will assume that any instruction is genuine. If someone else uses your Password and/or PIN, Nedbank may carry out an instruction as if you have authorised it. You may also be held liable for any losses incurred by any other party due to someone else using your Masterpass Wallet or Payment Information.
8.3 We will never ask you to enter your PIN or the last three digits of the number printed on the signature strip on the back of your Card [the card verification value (CVV) or card validation code (CVC)] on any device other than the Device with which you registered for the App.
8.4 If your Device is lost or stolen or is no longer in your possession, you must contact us and inform us of such loss and you must immediately block your Device SIM card by contacting your mobile service provider. Thereafter you may reregister the App on a new Device. You must, however, change your Password and/or PIN if you believe they have been compromised in any way whatsoever. Neither Nedbank nor any of Nedbank's service providers will be liable for any loss or damage of any kind that may arise as a result of the unauthorised use of your Masterpass Wallet or any Payment Information, either with or without your knowledge.
8.5 If the registration process has been completed and your Payment Information has been captured on the Masterpass Wallet, we will be entitled to presume that it is you, the owner of the Device and the holder of the Card account, enabling and using the Nedbank Masterpass Service. We will have no further verification obligation.
8.6 All uses of the App are protected by encryption at international standards. The Personal Information you send through the App is encrypted. Only Nedbank's authorised employees or agents have access to information related to the App.
9 Processing your Personal Information
9.1 To provide the Nedbank Masterpass Service and improve on the services you receive from us we may Process your Personal Information, including:
9.1.1 information about your Device software and hardware, including the unique internet mobile equipment identity (IMEI) number of your cellphone, the unique integrated-circuit card identity (ICCID) number of your SIM card in your Device, your email address, internet protocol (IP) address, cellphone number, third-party software installed on your Device, installation and uninstallation rates, language of your Device and its manufacturer, screen size and model of the Device and any other technical information;
9.1.2 the date and time, country and the IP address of the Device from which your Device is connected to our backend server;
9.1.3 geographic location information based on your mobile network operator's tower details the global positioning system (GPS) and/or Wi-Fi communications network location;
9.1.4 the Personal Information you give when you enter one of our competitions or promotions, complete a survey or report a problem with us;
9.1.5 a record of the correspondence when you contact us; and
9.1.6 details of your use of the Nedbank Masterpass Service, including traffic data, location data, weblogs and other communication data that you access.
9.2 We Process the above information for the following purposes:
9.2.1 to ensure that the Nedbank Masterpass Service is presented in the most effective manner for you and for your Device;
9.2.2 to monitor and analyse the conduct on your Masterpass Wallet for fraud, compliance and other risk-related purposes;
9.2.3 to process your Transaction;
9.2.4 to verify your identity;
9.2.5 to allow you to participate in interactive features made available through the Nedbank Masterpass Service;
9.2.6 to carry out statistical and other analyses to identify potential markets and trends; and
9.2.7 to develop new products and services.
9.3 We will keep your Personal Information only for the purposes described in these Terms.
9.4 We reserve the right to monitor your usage of the App to ensure compliance with the Terms.
9.5 You acknowledge that:
9.5.1 we will at all times remain responsible for determining the way in which we Process your Personal Information;
9.5.2 we are required by various laws to Process some of your Personal Information, without which we may be unable to offer the Nedbank Masterpass Service to you; and
9.5.3 you provide us with your Personal Information voluntarily.
10 Disclosure of Personal Information
10.1 We will treat your Personal Information as confidential and will not disclose your information to third parties, except as permitted under these Terms or where we are legally compelled to do so.
10.2 You acknowledge and consent that:
10.2.1 we may disclose your Personal Information when it is necessary for us to disclose it to perform Transactions with other entities, including Issuers, financial institutions and/or entities that process card transactions and assist with payment transaction processing;
10.2.2 we may disclose your Personal Information to any person who provides services to us, who acts as our agent or to whom we have transferred or propose to transfer any of our rights and duties in respect of your Masterpass Wallet (some in countries outside the Republic of South Africa), which persons we ask to agree to our privacy policies if they need to access any Personal Information to carry out their services;
10.2.4 the information we Process may be used by any member of the Group worldwide, including in countries that may have less stringent data privacy laws than your country.
11 Processing and disclosure of non-personal information
11.1 We also process information from you that does not identify you as an individual. We may Process and disclose such information for any purpose.
11.2 You acknowledge that we own and retain all rights to non-personal statistical information collected and compiled by us.
12 Third-party Sites
12.1 Third-party Sites are included only for your convenience and do not constitute any approval, endorsement or warranty by us. When you click on a link to or in a popup of a Third-party Site, you will leave the Nedbank Masterpass Service. Any Personal Information you submit after you leave Nedbank Masterpass Service will not be collected or controlled by us. Such information will be subject to the privacy notice or terms of use applicable to the Third-party Site. It is your responsibility to review those policies before submitting your information to the Third-party Site. You provide your information to Third-party Sites at your own risk. You indemnify us from any loss and/or damage you incur as a result of your access to or use of any Third-party Site.
12.2 You agree that we are not liable for any of the following:
12.2.1 the content, security, operation, use, accuracy or completeness of any such Third-party Sites, or the products or services that may be offered or obtained through them, or the accuracy, completeness or reliability of any information obtained from them;
12.2.2 the ownership or right of use of any licensor of any software provided through any Third-party Site;
12.2.3 any content featured on Third-party Sites that are accessed through the links found on the App;
12.2.4 any failure or problem that affects the products or services of a Third-party Site, for example any failure of a telecommunication service provider, an internet service provider, an electricity supplier, or a local or other authority.
13 Indemnity
13.1 In addition to what is said elsewhere in these Terms, you agree to indemnify us and our business partners, their officers, employees, representatives and affiliates from and hold them harmless against any and all direct, indirect, incidental, special, punitive or consequential losses, claims, liabilities, damages, losses, fines, penalties and expenses (including legal and other professional fees) arising from or in any way related to:
13.1.1 your use of the Nedbank Masterpass Service as specified in these Terms;
13.1.2 your breach (or that of anyone using your Masterpass Wallet) of these Terms or applicable law;
13.1.3 your negligence or wilful misconduct; or
13.1.4 your violation of any third party's rights, including any Intellectual Property rights.
14 Disclaimer
14.1 The Nedbank Masterpass Service is provided 'as is' and with all faults. We disclaim all warranties, express and implied, including:
14.1.1 any warranties of merchantability, quality of information, quiet enjoyment, non-infringement, title or fitness for a particular purpose; and
14.1.2 that the Nedbank Masterpass Service or any Third-party Site will be error-free, uninterrupted, free from spyware, malware, adware, viruses, worms or other malicious code, or will function to meet your requirements.
14.2 You specifically acknowledge that we do not have any control over whether all your Transactions with a particular Masterpass Merchant will be completed or whether the Issuer will authorise the Transactions that you initiate.
15 Limitation of liability
15.1 We are not and will not be liable to you for any direct, indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including any personal injury, property damage, loss of use, penalties, fines, loss of business, economic loss, loss of data, or loss of profits arising out of or in connection with:
15.1.1 these Terms;
15.1.2 the Nedbank Masterpass Service, including your use of the Nedbank Masterpass Service in combination with any Third-party Site;
15.1.3 someone finding out your Password and/or PIN;
15.1.4 any defect, fault, malfunction and/or delay in your Device hardware and/or software;
15.1.5 any technical or other problem (interruption, malfunction, downtime or other failure) that affects the Nedbank Masterpass Service, our banking system, a third-party system or any part of any database for any reason not attributable to Nedbank;
15.1.6 any dispute in respect of a Transaction (including any errors in the descriptions of the products or services that are offered or the actions or inactions of any Masterpass Merchant);
15.1.7 your use of your Device, including any lack of attention to your surroundings resulting from such use;
15.1.8 any Personal Information or other data that is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence; and
15.1.9 any event that we have no control over, such as your having sufficient funds on your Card, your network's coverage or availability or your Device's capability or capacity.
15.2 This clause does not exclude or limit any liability that, by law, is not capable of exclusion or limitation. Our maximum liability in respect of the Terms is nevertheless limited to the fees you actually paid for the Nedbank Masterpass Service.
16 Termination and suspension
16.1 You may deregister from using the Nedbank Masterpass Service at any time.
16.2 We may immediately terminate or suspend your use of the Nedbank Masterpass Service at any time without notice. This may include the following:
16.2.1 if we suspect fraud or illegal, unauthorised or improper conduct;
16.2.2 if we suspect that we are exposed to any risk through your use of the Nedbank Masterpass Service;
16.2.3 if we are required by law to do so or are so ordered by a competent court;
16.2.4 if we suspect that your Device, SIM card or your PIN is being used, has been used or is likely to be used in an unlawful or unauthorised manner;
16.2.5 if we suspect that you are attempting to compromise or interfere with our Nedbank Masterpass Service systems; or
16.2.6 if we suspect that your use of the Nedbank Masterpass Service violates any of these Terms or is in contravention of any applicable law or regulations.
16.3 Where we terminate your use of the Nedbank Masterpass Service, all rights granted to you in respect of the Nedbank Masterpass Service will cease immediately.
17.1 All Intellectual Property rights used in connection with the Nedbank Masterpass Service or contained in documents (in electronic form or otherwise) relating to the Nedbank Masterpass Service belong to us and/or Nedbank's licensors (and licensees). You do not have any Intellectual Property rights in the Nedbank Masterpass Service or in any improvements or variations that may be made to them.
17.2 We grant you a non-assignable, non-sublicensable, non-transferable, non-exclusive licence to use the Nedbank Masterpass Service, which may include updates and/or upgrades, only for purposes outlined in these Terms and for no other purposes. You will be asked to accept any additional terms through the App if they apply to you. The App is licensed to you only and you may not grant any rights of use or any other rights in respect of the App or any Intellectual Property Rights in it to any other person.
17.3 You may not copy, adapt, modify, alter, decompile, reverse-engineer, attempt to derive the source code of or create derivative works of, or otherwise attempt to reproduce the Nedbank Masterpass Service, its contents, including any Intellectual Property therein, its design, any updates to the App and/or any proprietary features in relation to it, or any parts thereof. This prohibition extends to any and all Third-party Sites that are found on the App and/or any content featured on the Third-party Sites that is accessed through links that are found on the App.
17.4 You acknowledge that you will not:
17.4.1 in any way represent that you have any rights of any nature in any current and future Intellectual Property belonging to us and/or any third parties featured on the App;
17.4.2 apply for or obtain registration of Nedbank's current and future Intellectual Property that may be confusingly similar thereto in any country;
17.4.3 challenge Nedbank's rights to Nedbank's current and future Intellectual Property in any country;
17.4.4 do or omit to do or cause to be done any act or thing that would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair our current and future Intellectual Property or the reputation and goodwill associated therewith or with us and/or any third party featured on the App, or which would be expected to jeopardise or invalidate any registration of our current and future Intellectual Property;
17.4.5 use, register or attempt to register as trade names, corporate names, business names, logos, domain names, metatags, meta descriptors, email addresses, server names or search engine markers anything that is identical to, contained in whole or in part in, or is otherwise confusingly similar to, our current and future Intellectual Property in any country; or
17.4.6 establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the App without our prior written consent.
17.6 Nothing contained in these Terms nor the Nedbank Masterpass Service will be construed as granting, by implication or otherwise, any licence or right to use any Intellectual Property without the written permission of Nedbank or Mastercard or such other party that may own the trademark.
17.7 The Mastercard, Masterpass and the Mastercard brandmarks are registered trademarks of Mastercard.
17.8 Any breach under this clause entitles us, in addition to our normal common-law remedies, to take legal action without prior notice to you, and you agree to reimburse the costs associated with such legal action to us on an attorney-and-own-client scale.
18 Address for notices and legal proceedings
18.1 We choose the registered address at Nedbank, 135 Rivonia Campus, 135 Rivonia Road, Sandown, Sandton, 2191 as the address where any legal document or notice must be served or delivered to us.
18.2 We will send any legal documents or notices to you at the address Nedbank has for you on record.
18.3 We may send any other written communication to your street, postal or email address, or through the App message system. We will regard a communication sent by email as having been received by you one day after it was sent.
18.4 Any legal document of notice to be served in legal proceedings must be written on paper. The relevant provisions of the Electronic Communications and Transactions Act, 25 of 2002, do not apply to these legal documents or notices.
19.1 The Terms will be governed by the laws of the Republic of South Africa as well as the rules and regulations for 3D Secure, Authenticated Mobile Transactions (AMT) and SafeKey or any other authentication process used by your Issuer, as stipulated by the Payments Association of South Africa.
19.2 These Terms apply together with the current versions of the respective conditions and disclaimers that are incorporated by reference into these Terms.
19.3 If a clause in these Terms is invalid, illegal or unenforceable, it will not affect the validity, legality or enforceability of the remaining clauses of these Terms.
19.4 If we fail to exercise or enforce any right or provision of the Terms, it will not constitute a waiver of such right or provision.
19.5 Any references to legislation, rules or regulations will refer to the same as are amended from time to time.
19.6 We may update these Terms at any time, after written notice to you. Your continued use of the Nedbank Masterpass Service will be deemed an acceptance of the Terms.
20 How to contact us
20.1 If you have any enquiries or complaints about the Nedbank Masterpass Service, you may visit our website at *nedbank.co.za*1 or call our contact centre on 0860 555 111. If you have any questions about a product or service, you must call the Masterpass Merchant directly.
20.2 We are a member of the Banking Association of South Africa. If we do not solve your problem or if you are not happy with the way your problem was resolved, you may contact the Ombudsman for Banking Services at:
Tel: 0860 800 900
Email: info@obssa.co.za
Website: *obssa.co.za*2
1 If you do not want to click on a link, please type the following address in your browser, excluding the asterisks: *nedbank.co.za*.
2 If you do not want to click on a link, please type the following address in your browser, excluding the asterisks: *obssa.co.za*.