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Disclaimer: By visiting and/or viewing the contents of and/or applying for any of the products and services offered on the SME Bank website, you agree to the following: All the information appearing on the SME Bank website is made available without any representation and/or warranty, whether expressed, implied or tacit, by SME Bank.
All information pertaining to SME Bank products and services, including the terms and conditions applying to such products and services, appearing on the SME Bank website is subject to change without notice.
SME Bank accepts no liability for any loss, whether direct, indirect or consequential, arising from the use of information appearing on the SME Bank website or any transactions that may be concluded there from.
The laws of the Republic of Namibia shall govern the terms and conditions of any products and services offered on the SME Bank 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 SME Bank 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 SME Bank 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 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 the Bank’s website.
Acceptance These conditions become effective and binding upon you when you access our website for the first time and constitute a valid binding agreement between you and SME Bank 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, in 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 the 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 our side to you. All information contained on this website is merely an invitation to you to do business with us. We may provide the following information from time to time on our website: Information on our projected revenues, income, earnings per share, capital expenditures, dividends, capital structure or other financial information. Information regarding the plans, objectives and/or projections of SME Bank for future operations, including those relating to the services of the Bank; or future economic performance. It must clearly be understood that any such projections are provided only as estimates and accordingly any reliance placed upon them is not warranted. Actual events or results may differ from these projections. All information is provided "as is" and must not be treated as professional or investment advice of any kind. You are strongly advised to consult your own professional advisors when relying on or making use of any information on this site.
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.
Amendments to these conditions We may amend these conditions from time to time. By accessing this site, you are bound to the latest version of the conditions published and appearing on our website at the time of any visit to our site. Furthermore you agree to view the current version of these conditions on each occasion you access our site.
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 conditions.
Use of external information and links We may use the services of other organisations to provide information on the site. 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 your reliance on it.
This site 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.
Permission for hyperlinks, deep linking, crawlers and metatags Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time. An application for linking must be submitted to email@example.com. Once received we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five business days, consider your request as having been rejected. Breach of these conditions entitles us 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.
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 our 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 SME Bank 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 any web browser. SME Bank Limited gives no warranty, whether express or implied, that any files, downloads or applications available via its website 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.
Termination, suspension and limitation of our website We may, where we, in our sole discretion deem it necessary, modify, suspend or discontinue our website, 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 site and we may restrict access to parts of or all of the services on our site.
Warranties and representations given SME Bank 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. SME Bank 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.
DISCLAIMER AND LIMITATION OF LIABILITY Although SME Bank 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 SME Bank website and the online services provided on the site are provided to you, as a customer, on an "as is” / “voetstoots" basis. As a customer you use our website and the online services provided entirely at your own risk. 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. SME Bank limited 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 site or your inability to use our site or the online services. Without limitation or restriction, SME Bank’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 SME Bank was expressly advised of the possibility of such loss or damage. SME Bank will, without derogating from the generality of the above statement, not be liable for: any interruption, malfunction, downtime or other failure of our website or online services, our system, databases or any of its components, for whatever reason; any loss or damage arising from your transactions and investment decisions based on the information provided on our site; 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; any interruption, malfunction, downtime or other failure of services provided by third parties, including, without limitation, third party systems such as telecommunication service providers, Internet service providers, electricity suppliers, local authorities (as defined in the Local Authorities Act, 23 of 1992) and Internet security certification authorities; 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 Main Branch in Windhoek, where only SME Bank, you and our respective representatives will be present. There shall be one arbitrator, who shall: if the matter is primarily a legal matter, be an impartial admitted legal practitioner or advocate of not less than fifteen (15) years standing;
if the matter is an primarily an accounting or financial matter, be an impartial auditor of not less than fifteen (15) 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 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: 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;
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);
the arbitrator shall be entitled to dispense with the rules of procedure and discovery, to the extent that he deems this necessary so as not to delay the expeditious conclusion of the proceedings, but he 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.
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 site and the online services or any part thereof and the contents of any information displayed on our site 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: firstname.lastname@example.org
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 term, condition or provision 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 anything in these conditions please contact us via e-mail at email@example.com and we will respond to your question as soon as possible.