This Agreement becomes effective between You and BancABC when You use or access the various BancABC payment platforms. By accessing BancABC payment platforms or using any function or service of the BancABC platforms, You enter into an agreement with BancABC on the terms and conditions set out herein.

You must take time to read these terms and conditions carefully, make sure You understand them and pay special attention to all the terms printed in bold.

In addition to this Agreement, the terms and conditions of any other product, account, service or facility which we offer and which You make use of, will apply. In the event of conflict between the provisions of this Agreement and such other terms and conditions, the provisions of this Agreement will prevail.

These Terms and Conditions are supplemental to the BancABC General Terms and Conditions published on the BancABC website, and subject to amendments from time to time, and the two should be read together.

In the event of any contradiction between the Payment Platforms Standard Terms and Conditions, as may be amended, with the General Terms and Conditions, the provisions of these Payment Platform Terms shall supersede the General Terms and Conditions

The Agreement is further subject to the applicable laws of this country.

Definitions

• “Access Codes” – includes passwords, PINs, user names, user numbers and user IDs;
• “Password/ PIN/ One Time Password (OTP)” shall mean a word, numbers or phrase which is known to the user, that is used for signing into the BancABC payment platform.
• “Agreement” – these terms and conditions and any Statements and notices issued or to be issued by us, as amended from time to time;
• “Bank“, “we” or “us” – African Banking Corporation of Zimbabwe Limited t/a BancABC;
• “Billing Account” – Your nominated account for the purpose of debiting the fees payable in terms of this Agreement;
• “Device” – an intelligent electronic device, such as a personal computer (PC), laptop, tablet PC, personal digital assistant (PDA), cell phone, kiosk, television or similar technologies which You select to use to access the BancABC Payment platform;
• “Electronic banking” – includes the systems and services that enable access to and activation of accounts and other services, performing of certain transactions, giving instructions to the Bank, making payments or obtaining information on financial products and services through a Device on a public or private network and shall include such platforms as Internet banking and mobile banking;
• “Payment platforms” shall include merchant services, mobile banking services, internet banking services, online banking services, social media banking services and card services
• “PIN” – personal identification number;
• “Statement” – bank statement, contract or translation note, confirmation notice for investment services, or any of these or similar documentation, as applicable, depending on the service;
• “You” or “Your” – the person who registers for and uses the BancABC payment platforms, or in whose name an account is opened, including any legal entity;

Changes to this agreement

We may change this Agreement from time to time. The latest version will apply to You each time You use the BancABC payment platforms.

It is Your responsibility to review the terms and conditions each time You access or use the BancABC payment platforms. Each time You access or use payment platforms You agree to be bound by the terms and conditions as amended from time to time.

If You do not accept the terms and conditions of this Agreement, You should not access or make use of the BancABC payment platforms.

Activation of payment platforms access

Before we allow You access to payment platforms we may need information from You to verify that You are who You say You are.

By signing into BancABC payment platforms You acknowledge that You have read and understood, and accepted the terms and conditions set out herein.

You further acknowledge that information transmitted through the Internet or any other communication system, including wireless communication system, is inclined to unlawful access, falsification and monitoring and that the use of the BancABC payment platforms shall be at Your own risk, and You hereby indemnify BancABC for any loss that may arise Yourself as a result of the circumstances set out in this clause 2.2.

By accepting these terms, You authorise BancABC to carry out any and all instructions You give via the payment platforms, including but not limited to, the debiting of and transfer of funds from Your nominated Account and the providing of information on the Account.

All instructions are to be authenticated by the use of a password chosen by You and acceptable to BancABC.

Security features and precautions

You must take all reasonable precautions to prevent unauthorised access and use of Electronic Banking. It is Your responsibility to look after Your Access Codes and keep them secret. Any person in possession of or who knows Your Access Codes may get access to Your accounts and withdraw money or use Your private account information unlawfully.

If You fail to keep Your Access Codes secret or fail to take reasonable precautions to prevent unauthorised access and use of Electronic Banking, You hereby indemnify and hold harmless BancABC for any loss or damage You may suffer.

If You ask us to stop or change any Access Code, You agree that we may:

• ask You to prove Your identity to us;
• Stop any payment or instruction if it has not already been carried out;
• reverse any payments to the extent permissible in law; or
• deactivate the Access Code (stop it from working) immediately.

Security safeguards

Login password

• The payment platform You choose to use will prompt You to change Your login password on first login.
• If You discover or suspect that Your Access Code is known to someone else, You must immediately change the Access Code through the respective platform. If this is not possible, You must notify BancABC immediately. BancABC will suspend use of the particular payment platform until new Access Codes have been set up.

Statement check

• If You become aware of any transaction on any of Your accounts that has not been validly authorised by You, You must notify us immediately.
• For this purpose, You are reminded that You must, as is required of You for all Your accounts, check all Statements for any unauthorised transactions.

Fees

BancABC will charge a fee each time You use Your account to make a transfer or payment (a transaction fee), based on the type of transaction You do. BancABC will deduct the fees from Your Billing Account.

The fees will change from time to time and in such instances, we will give You at least 30 days prior notice through means such as an advert in the newspaper, the BancABC website or a notice in our branches.

Instructions

When using the BancABC payment platforms, You communicate with us electronically, so there is no direct personal contact between us and You, as such, BancABC will rely on and carry out all instructions that appear to come from You through use of Your Access Codes.

BancABC will act on instructions in accordance with the processing times as communicated to You for the particular service to be performed.

A payment which has been initiated and completed by You and processed on the platform may not be cancelled nor reversed, even if it is a repeat of the same payment. BancABC shall not be responsible for any loss or damage You may suffer as a result of the processing of the transaction. However, if You do ask us to reverse the transaction, we may, at our discretion try to do so to the extent that this is permissible in law and possible under the rules and practices of the banking system. You agree that You will be responsible for any costs BancABC will incur as a result thereof.

Availability of BancABC Payment Platforms

BancABC shall make reasonable efforts to have the payment platforms available to You on a 24-hour, 7 days a week, 365 days a year basis. However, BancABC does not guarantee continuous availability for the following, inter alia, reasons:

• routine maintenance/upgrade requirements
• any technical failure or problem with our or any other electronic communication directly or indirectly involved in providing Electronic Banking;
• any failure or other problem with any telecommunication or electricity service;
• excess demand on the systems; or
• any other circumstance beyond our control.
• We are entitled at any time to add to, remove or otherwise change, end or suspend any of the services available through Electronic Banking
• If Electronic Banking is unavailable for any reason, You promise to limit Your potential losses as far as possible by communicating with us in any other way while this situation lasts.
• Country time/national or public holidays apply when working out any dates or times for service provision

Call recording

To monitor quality assurance, and to help resolve any disputes between You and us, You acknowledge and consent hereto that:

• we record all telephone conversations between You and Us;
• we keep a record of all instructions given by You via the BancABC payment platforms

Hardware and Software

Transmission of information and instructions

• Information or instructions sent over a Device can be intercepted, seen or changed unlawfully if any link to the devise is not secure. Such information or instructions may also be delayed by circumstances beyond our reasonable control. We require You to play Your part in limiting the risk of interception or delay. BancABC shall not be liable for any loss or damage suffered by You because any person gained unauthorised access to Your Devices or the communication system.

Software compatibility

• Although the BancABC payment platforms are compatible with a number of browser types, we shall not be liable to You for any loss You suffer as a result of any incompatibility between Electronic Banking and any computer or other device from which You access Electronic Banking.
• We also do not warrant or imply that any file, download or application on Electronic Banking is safe to use on any device. We cannot guarantee that the system does not contain software or data that can negatively affect a computer system.

Protection against viruses

Certain BancABC payment platforms will be accessed through the Internet over which BancABC has no control. You must therefore ensure that any computer or other device You use to access the payment platform is adequately protected against acquiring viruses, BancABC shall not be liable for any loss, of whatever nature, arising as a result of Your device being attacked by any virus whilst using or accessing the payment platforms.

Liability for loss or damage

• You undertake not to use the BancABC payment platforms for any criminal activity. Should You use the BancABC payment platform for any criminal activity or should You suffer any loss whilst using the payment platforms you hereby indemnify BancABC from any liability or for any such losses or claims by third parties incurred or which may arise thereon, and hold BancABC harmless to the fullest extent permitted by law, from and against any and all losses, claims, damages, liabilities, obligations, penalties, judgments, awards, costs, expenses, third party claims and disbursements (and any and all actions, suits, proceedings and investigations in respect thereof and any and all legal and other costs, expenses and disbursements in giving testimony or furnishing documents in response to a subpoena or otherwise), including, without limitation, the costs, expenses, and disbursements, as and when incurred, of investigating, preparing, or defending any such action, suit, proceeding, or investigation (whether or not in connection with litigation in which You and BancABC are party) which have resulted from Your fault, which will include but is not limited to Your wilful misconduct, negligence, fraud and/or misrepresentation of whatever nature.
• BancABC may, at its sole discretion and in terms of the appropriate laws, suspend your account upon reasonable suspicion that you are using the same for criminal activities or should it, on reasonable grounds to believe or suspect it is being used contrary to the terms and conditions of these terms and conditions, or the BancABC General Terms and Conditions, this shall in turn mean that you will not able to use the BancABC payment platforms.

BancABC shall not be responsible for any damage, loss or consequential damage which You may suffer as a result of:

• Any malfunction or defect in the hardware used by You (which includes Your personal computer or mobile device).
• The suspension of Your account.
• Any defect in the software used by You to gain access to the BancABC payment platforms.
• Any act or omission by the Internet or Mobile Network Operator or any defect in the selected payment platform or any other medium by which access is gained to the platform.
• The BancABC payment platforms being off-line or unavailable.
• Any industrial action.
• Any other circumstances not reasonably within the BancABC’s control.
• Erroneous, unauthorised, incomplete or unlawful instruction from You.
• Unlawful or unauthorised access by another person(s).
• Any claim that may arise from a third party as a result of your use of the BancABC payment platform of whatever nature and howsoever arising.

Breach of the agreement

BancABC shall not be liable for any loss, damage or expense suffered or incurred by You as a result of Your breach of any of the terms and conditions of this Agreement. Provided that BancABC may exercise and enforce any of its rights, in terms of these terms and conditions or provided at law should You breach these terms and conditions.

Advertising

From time to time BancABC may advertise its products and services, and those of other companies in the BancABC group, and any other group and/or company that BancABC may have an arrangement with. If, in connection with other agreements with us, You have asked us not to send You any marketing material (or if You do so in the future), You agree that this restriction will not apply to adverts by BancABC or any other entity in the BancABC group.

Warranty by You

You hereby warrant to BancABC that You have the required legal capacity to enter into and be bound by these Terms and Conditions. If You are a minor, you undertake that your guardian has signed an indemnity form to indemnify BancABC against any damage, loss and/or consequential damage that You may suffer as a result of incorrect, wrong, unauthorised and/or wrongful instructions or information given by You.

General provisions

Any indulgence BancABC may allow You will not affect nor amount to a waiver of any of its rights, whether such indulgence is express or implied.

If any clause in these terms is void or cannot be enforced, the remaining clauses will continue to be valid.

DATA PROTECTION, PRIVACY AND CYBER SECURITY

Data Controller

For purposes of the Cyber and Data Protection Act [Chapter 12:07], African Banking Corporation of Zimbabwe Limited trading as BancABC (“the Bank”) acts as a Data Controller in respect of personal information processed under this Agreement.

Lawful Basis for Processing

The Bank shall process personal information lawfully, fairly and transparently in accordance with the Cyber and Data Protection Act. Processing shall be based on one or more of the following lawful grounds:

• Performance of a contract with the Client;
• Compliance with a legal obligation;
• Protection of the Client’s vital interests;
• Legitimate interests pursued by the Bank, except where overridden by the Client’s rights;
• Consent of the Client, where required by law. Where processing is based on consent, such consent may be withdrawn at any time, subject to legal or contractual restrictions.

Categories of Personal Information

The Bank may process:

• Identification data (ID number, passport, biometric data where lawful);
• Contact details;
• Financial and transactional data;
• Credit and risk data;
• Remittance and beneficiary information;
• Device and electronic banking access data;
• CCTV and security monitoring data;
• Any other information required by law or necessary for service provision. Biometric or sensitive personal information shall only be processed where permitted by law and subject to enhanced safeguards.

Purpose of Processing

Personal information may be processed for:

• Account opening, operation and closure;
• Card issuance and transaction processing;
• Remittance services;
• Fraud prevention and cyber security monitoring;
• Anti-money laundering and counter-terrorist financing compliance;
• Credit referencing and risk assessment;
• Regulatory reporting;
• Legal claims and dispute resolution;
• Service improvement and system security;
• Direct marketing (only where lawful and consented to, where required).

Automated Processing and Fraud Monitoring

The Client acknowledges that the Bank may use automated systems, including fraud detection and transaction monitoring systems, to:

• Detect suspicious transactions;
• Prevent cybercrime;
• Comply with statutory obligations. Such automated processing shall not produce unlawful or unfair legal effects on the Client and shall be subject to appropriate safeguards.

Client Obligations

The Client undertakes to provide accurate and up-to-date personal information and to notify the Bank of any changes to such information.

Disclosure of Personal Information

The Bank may disclose personal information to:

• Regulatory authorities and courts;
• The Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) (Designated Data Protection Authority).
• Credit reference bureaus;
• Correspondent banks and payment processors;
• Agents and service providers acting under written data processing agreements;
• Law enforcement agencies;
• Any person authorised by the Client. All third-party processors shall be contractually required to implement appropriate security measures.

Cross-Border Transfers

Where personal information is transferred outside Zimbabwe, the Bank shall ensure that:

• the recipient country provides adequate data protection; or
• appropriate safeguards are implemented; or
• the transfer is necessary for contract performance; or
• the Client has explicitly consented where required.

Data Retention

Personal information shall be retained:

• For the duration of the banking relationship;
• For statutory retention periods under financial, tax, anti-money laundering or regulatory laws;
• For limitation periods applicable to legal claims;
• Thereafter securely deleted or anonymised.

Security Safeguards

The Bank shall implement appropriate technical and organisational security measures including:

• Encryption;
• Access controls;
• Multi-factor authentication;
• Fraud monitoring;
• Network security controls;
• Staff confidentiality obligations;
• Secure destruction procedures. These measures shall comply with Section 28 of the Cyber and Data Protection Act.

Personal Data Breach

In the event of a personal data breach:

• The Bank shall assess the risk to data subjects;
• Notify the Data Protection Authority where required;
• Notify affected Clients where the breach poses a risk to their rights or interests;
• Take remedial action to mitigate harm.

Data Subject Rights

Subject to the Act, the Client has the right to:

• Access personal information;
• Request correction;
• Request deletion where lawful;
• Object to processing on reasonable grounds;
• Restrict processing in certain circumstances;
• Withdraw consent;
• Lodge a complaint with the Data Protection Authority.

Requests shall be submitted through the Bank’s designated data protection contact channels.

In this Agreement:

• clause headings are for convenience and are not to be used in its interpretation;

unless the context indicates a contrary intention, an expression which denotes:

• any gender includes the other genders;
• a natural person includes a juristic person and vice versa;
• the singular includes the plural and vice versa; and
• any number of days will be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next business day.

DEFINITIONS

In these terms and conditions, unless the context requires otherwise:

• the account means the client’s transactional current account to which these terms and conditions apply.
• the agreement means the agreement between the parties as constituted by these terms and conditions.
• ATM means automated teller machine.
• the Bank means African Banking Corporation of Zimbabwe Limited trading as BancABC part of Atlas Mara, with registered address 1 Endeavour Crescent, Mount Pleasant Business Park, Mount Pleasant, Harare,
• card means the relevant magnetic-strip or chip Bank card issued to the client, which at the discretion of the Bank may or may not include any card product from the Bank issued in partnership with any service provider or card issuer.

card transaction means any commercial transaction, including but not limited to purchases, payments, inter-account transfers, services, cash withdrawals or deposits made:

• with the card from the account by using an ATM or SST or other electronic device; or
• by furnishing the card to a merchant or supplier.
• chip means the integrated circuit that is embedded in a plastic card and which is designed to perform processing and/or memory functions.
• ‘CHIP & PIN’ card means a plastic card, commonly called a chip card, with an embedded chip that communicates information to a point of- transaction terminal.
• the client means the applicant whose details are set out in the application form.
• delivery and deliver mean that, in terms of any notice required to be provided to the client and/or the Bank, such notice may only be given in writing and must be delivered to the client and/or the Bank by way of hand delivery or prepaid registered post or fax or telegram or email or SMS. If delivered by hand, the notice will be deemed to have been received on the date of delivery. If delivered by prepaid registered post, the notice will be deemed to have been received within seven (7) days of posting, unless the contrary is proved. If sent by fax, the notice will be deemed to have been received on the date of confirmation of the successful transmission of the fax evidenced by a transmission report and/or slip. If delivered by telegram, the notice will be deemed to have been received within seven (7) days of sending of the telegram, unless the contrary is proved. If sent by email, the notice will be deemed to have been received on the day of transmission, unless the contrary is proved. If sent by SMS, the notice will be deemed to have been received on the day of transmission, unless the contrary is proved.
• dormant account means an account that has had no client-initiated debit or credit transactions for such period as the Bank, at its reasonable discretion, may determine from time to time.
• interest rate means the interest rate that appears in this agreement and in the product brochure, being the variable interest rate that applies to the agreement initially, which rate is subject to change as provided for in this agreement.
• the parties means the Bank and the client.
• PIN means personal identification number. This is a secret number selected by the client and which only the client knows. This number must be encoded on the card by the Bank and is used as a means of user identification. The card must be encoded with a PIN before the client will be able to withdraw and deposit money and otherwise use the card at such compatible ATMs, SSTs, point-of-sale terminals and other electronic devices as the Bank may advise from time to time.
• product specifications means specific features of products offered by the Bank, including but not limited to minimum deposits, minimum balances, interest rates, costs, charges, fees and service fees.
• Remittance Services includes International Remittance Services and the local City Hopper Remittance Services which enable clients to send USD or ZAR to any person in Zimbabwe using our designated Agents or branches for collection by a Recipient at any of the Bank’s designated Agents or branches.
• SST means self-service terminal.

USE OF CARDS

• The client and/or his authorised representative must immediately on receiving the card sign the card on its reverse with a non-erasable ballpoint pen.
• Subject to product specifications, the client will be entitled to operate the account through access to electronic Banking services, which include services at an ATM, an SST and a point-of-sale device, as well as by telephone Banking services and internet Banking services.
• The client and/or its authorised representative will have access to ATMs or SSTs by using the card together with a PIN.

It is important that the client’s card is not used fraudulently. The client must therefore:

• take proper care of the card and the card number and take all reasonable steps to prevent it from being lost, stolen and/or used wrongfully;
• ensure that any record of the PIN is kept separate from the card and in a safe place;
• never tell anybody who offers to help, including any Bank employee, the PIN;
• never write down or record the PIN;
• not allow anyone to obtain knowledge of the PIN.
• When the client has received the card, the Bank will, where applicable, encode the card with a PIN, which will give the client the right to deposit and/or withdraw cash and/or make use of services by means of the card at a compatible ATM, SST or other electronic device.
• By keeping and/or using the card the client accepts all these terms and conditions in respect of the use of the card.
• The client may not cede or delegate any of his rights or obligations in respect of the card or its use.
• The card is valid from the time it is issued or from the first day of the ‘valid from’ date on the card, as the case may be, until it expires or until the account is closed by either the client or the Bank for whatever reason.
• The Bank is the owner of the card and, when the account is closed for whatever reason, the client must give the card back to the Bank (or to any person who is authorised to act on the Bank’s behalf).

If the card, or the client’s card number or PIN:

• is lost, stolen or used wrongfully; or
• is used by any person other than the client;
• the client must notify the Bank immediately by calling the number provided on the client’s statement or on the client’s card itself. The client must also notify the Bank immediately if anyone obtains knowledge of his PIN or if he has reason to believe or suspect that this has happened. The client will be provided with a reference number during the telephone call. It is important that the client keeps a record of the reference number as the client must be able to provide it to the Bank whenever requested to do so. The client must confirm the verbal notification by sending the Bank written confirmation thereof, stating the reference number, within 24 hours after the verbal notification.
• The client will be liable for and must repay the Bank all amounts the Bank pays or has to pay if the card, card number or PIN is used, unless it has been reported as being lost, stolen or used wrongfully.

The Bank is entitled to debit the client’s account with the amounts of:

• all transactions carried out by the client using the card and the PIN; and
• all transactions not authorised by the client, but which have been carried out by means of the card and PIN before the Bank has had the reasonable opportunity, after the verbal notification in terms of clause 3.(j) (iii) above, to prevent any further unauthorised transactions.
• Except where a transaction is made by means of the PIN or is made by mail or telephone order, the client must sign a sales voucher or a refund voucher, as the case may be, each time the card is used or the card number is given to a merchant or supplier. By signing the voucher the client confirms that the information on it is correct. The client will be liable for and must repay the Bank all amounts the Bank pays in respect of the client’s card transactions. Unless the client has notified the Bank that the card has been lost or stolen in terms of clause 2.(j), even if the client does not sign the relevant vouchers, the client will still be liable to the Bank for such transactions.
• The client must comply with all applicable exchange control regulations when the card is used outside the common monetary area. Card transactions made in foreign currencies will be converted into the local currency at an exchange rate determined by the Bank and will be shown on the client’s statements in the local currency. An additional fee may be payable by the client for such transactions. Such fee will be disclosed in the fee leaflet available from the Bank.
• The client may not use the card for any unlawful or illegal transaction and it is the client’s duty to make sure that a transaction is lawful before the card is used.
• The client may not use the card for any payment on behalf of a business or for transactions that in the Bank’s reasonable opinion are non-personal transactions, unless the client is a juristic person, sole proprietor or trust.
• When the client uses an ATM or an SST, the client does so at his own risk and the Bank will not be held liable for any loss or theft resulting from the use of an ATM or an SST or other electronic device.

When making withdrawals at ATMs outside the borders of Zimbabwe, the daily withdrawal limit will be different from the daily withdrawal limit at ATMs inside the borders of Zimbabwe. The client authorises the Bank (which authorisation may not be cancelled):

• to pay any purchases or services in respect of which the card or the card number is used and to debit the amount concerned to the client’s account;
• to debit the client’s account with the amount of the sales voucher or any other cash amount withdrawn; and
• to make the necessary entries to do the above and to reverse these entries when appropriate.
• The Bank will not in any way be liable to the client if any merchant or supplier does not accept the card or the card number, or if the Bank refuses to authorise any card transaction.
• If there are any claims or disputes between the client and any merchant or supplier in respect of the nature, quality or quantity of any goods or services obtained by the client from the merchant or supplier or in respect of any other matter, the Bank’s right to receive payment from the client will not be affected in any way nor will it give anyone a right of setoff or counterclaim against the Bank. The client hereby acknowledges that no merchant or supplier is the Bank’s agent.
• If a merchant or supplier refunds a client, it will be credited to the client’s account only in the event of and once the Bank receives a properly issued credit voucher from the merchant or supplier.
• The client will not have the right to stop any payment that the Bank makes or which the Bank is about to make to a merchant or supplier in respect of any transaction, nor will the client have the right to instruct the Bank to reverse a payment in respect of a transaction which has already been made, except as may be provided otherwise by statute.

USE OF THE ACCOUNT

The client hereby agrees that:

• the Bank opens a Banking account for the client, the type of account and styling of which will be indicated by the client by completing the necessary documentation to be provided by the Bank;
• the client will supply the Bank with the details of the signing arrangement on the account in the format of or similar to the document to be provided by the Bank;
• the Bank will be advised of all changes in signing arrangements;
• the Bank is authorised to pay all cheques, promissory notes, bills of exchange and other negotiable instruments payable at the Bank, purporting to be drawn, made or accepted by or on behalf of the client;
• the Bank is authorised to debit the above instruments to the account, whether the account is in credit or otherwise;
• the Bank is authorised to receive and deposit any cheque to the account, but that the proceeds will only be considered as cleared when the cheque has been honoured. All cheque deposits are subject to a clearance period, which normally is seven (7) business days, but which may vary; and
• the Bank is authorised to accept any instruction by fax or other electronic means and to treat such instructions as above.

INTEREST RATE

• The Bank will not pay interest on any account, unless specifically otherwise agreed thereto in writing.
• Where applicable, interest on credit balances will be calculated on the end-of-day balance and will accrue and be capitalised on a monthly basis.
• Interest rates on credit balances will be tiered, which means the greater the balance, the higher the rate (except for staff accounts).
• Debit interest at the maximum interest rate as prescribed by the law, if applicable, will accrue to the account if the end-of-day balance is a debit balance.
• The Bank is entitled to change the interest rates on credit balances at any time and will reasonably endeavour to give prior notice of the changes in interest rates. If the client does not receive such prior notice, the Bank will not be prevented from adjusting the interest rate.

WITHDRAWALS

Funds are available on demand, subject to the following limitations:

• daily withdrawal limits at ATMs;
• withdrawal limits at the teller terminal;
• cheque deposits that have not been cleared; and
• product-specific withdrawal limitations.

DEPOSITS

• Subject to product specifications, there is no limit on the number and size of deposits that can be made on the account subsequent to the opening deposit.
• If any negotiable instrument is deposited on the account, the proceeds will be credited to the account, but the proceeds will only be available as cash when the negotiable instrument has been honoured. If the negotiable instrument is dishonoured, the account will be debited accordingly and the Bank will send the negotiable instrument to the client at his risk.
• The client agrees that cheques will be cleared by the Bank through any clearing system used by clearing Banks.
• If a cheque deposited by the client is returned unpaid, the Bank will inform the client within a reasonable period of time.

FEES, COSTS AND CHARGES

• The client is entitled to obtain a leaflet that contains information regarding transaction charges at any branch of the Bank and the client hereby confirms that he has obtained such a leaflet and has read and understands the information contained therein.
• The client must pay an additional fee each time a payment instruction causes the account to become overdrawn or further overdrawn as set out in the pricing brochure.
• The client will be responsible for and must pay to the Bank, the fees, costs and charges as specified in this agreement and the abovementioned leaflet. The Bank is entitled at any time and from time to time in its discretion to vary any fee, cost or charge. To the extent that value-added tax is payable in respect of any fee, cost or charge, such fee, cost or charge will be inclusive of value-added tax payable by the client.

In addition, , the client must pay any:

• default administration charge imposed by the Bank to cover administration costs incurred as a result of the client defaulting on an obligation under the agreement; and collection costs that may be charged by the Bank in respect of the enforcement of the client’s monetary obligations under the agreement (other than a default administration charge); provided that such charges and costs will not exceed the maximum default administration charges and collection costs prescribed from time to time in terms of applicable regulations.
• Interest at the interest rate applicable to the agreement from time to time will be charged in respect of any fee, cost or charge not paid on or before the due date for payment thereof and this will not prejudice, restrict or in any manner detract from the rights of the Bank pursuant to an act of default.
• In addition, and to the extent permitted by any law (where applicable), all amounts that the Bank may pay or incur pursuant to the agreement due to the client’s default, including any amount actually disbursed by the Bank either when collecting any payment owing by the client or when exercising any of its rights arising out of any breach of the client’s obligations in terms of the agreement, including legal costs on the attorney and client scale (including tracing fees and any collection commission), will be payable by the client to the Bank on demand.

GOVERNMENT LEVIES

All applicable government levies in respect of the use of the account will be debited to the client’s account monthly and paid over to the relevant government body.

ACCOUNT OVERDRAWN

The client is not entitled to overdraw the account. However, if the account becomes overdrawn, the Bank will enforce all legal routes available to the Bank to obtain payment of the amount overdrawn plus interest, costs and charges.

LIMITATION OF LIABILITY

• Incidental damages: In no event shall the Bank or any of its affiliates be liable for any consequential, incidental, indirect, special, punitive or exemplary damages (including, without limitation, lost profits, business or goodwill) suffered or incurred by the customer or its affiliates in connection with this agreement, even if advised of the possibility of such damages.

Direct damages: The Bank will not be liable to the client for any damage or loss that the client may suffer as a result of:

• any person gaining unauthorised access to any information or data;
• incorrect information being given to any person including any credit bureau;
• the Bank processing any information incorrectly; and
• a delay, failure or malfunction of any ATM, SST or other device (electronic or manual) that the client uses to carry out card transactions with the card.
• The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.

ALLOCATION OF PAYMENTS

Each payment made by the client in terms of this agreement will be allocated firstly to any due or unpaid interest charges, secondly to any due or unpaid fees or charges, and lastly in reduction of the capital amount outstanding.

TERMINATION

• The client is entitled to cancel the agreement without prior notice to the Bank, but the Bank must give reasonable prior notice of its intention to close the account, except where fraud or suspected fraud is occurring or has occurred on the account, in which event the Bank is entitled to close the account without prior notice. In the event that the account is overdrawn, the Bank will follow any legal route available for its recourse.
• On termination of the agreement the Bank is entitled, at its reasonable discretion, to retain sufficient funds in the account to provide for amounts that may become due to the Bank after termination.
• On termination of the agreement the client’s right to use any card that has been issued to him in respect of the account, will terminate.
• The client must immediately return the card to the Bank at the address set out in clause

15. The card must be cut in pieces to prevent further use.

CONFIDENTIALITY

The Bank shall treat the Client’s personal information as confidential and shall process and disclose such information only in accordance with the Cyber and Data Protection Act [Chapter 12:07], applicable regulations, and other relevant laws. Personal information shall not be disclosed except where:

• The Bank is required or authorised to do so by law, regulation, court order, or competent authority;
• Disclosure is necessary for the performance of this Agreement or related banking services;
• Disclosure is necessary to protect the legitimate interests of the Bank, provided such interests are not overridden by the fundamental rights and freedoms of the Client;
• Disclosure is in the public interest as permitted or required by law;
• The Client has provided prior written consent; or
• The disclosure is made at the Client’s request. Any disclosure shall be limited to what is adequate, relevant and necessary for the purpose for which it is made.

DISCLOSURE TO CREDIT REFERENCE AGENCIES

The Bank may disclose information relating to the Client’s credit obligations to registered credit reference bureaus or credit reporting agencies in accordance with applicable laws and regulatory requirements. Such disclosure may occur:

• Where the Client has defaulted on repayment obligations and has failed to make satisfactory alternative arrangements with the Bank after due notice;
• Where the Client has provided written consent; or

Where disclosure is otherwise required or permitted by law. Where an amount is disputed by the Client, the Bank shall indicate that the debt is disputed but shall not report inaccurate or misleading information. The Bank shall take reasonable steps to ensure that:

• Information disclosed is accurate, complete and up to date;
• The Client is informed of adverse listings in accordance with applicable law;
• The Client is afforded the right to access and request correction of any inaccurate information held by the credit bureau.

ADDRESS FOR LEGAL NOTICE

• The parties choose as their addresses for the purposes of the agreement: the Bank: 1 Endeavour Crescent, Mount Pleasant Business Park, Mt Pleasant, Harare. the client: the last-known physical address supplied by the client will be deemed to be the address the client has chosen.
• Any legal process to be served on any party may be served at the address specified for such party in clause 15.a and such party chooses that address as its address for legal notice for all purposes under the agreement.
• Any notice or other communication to be given to any party in terms of the agreement will be valid and effective only if it is given in writing.
• A notice to any party that is delivered to the party by hand at the address specified for such party in clause 15.1 will be deemed to have been received on the day of delivery, provided it was delivered to a responsible person during ordinary business hours.
• Notwithstanding anything to the contrary in this clause 15 a written notice or other communication actually received by any party will be adequate written notice or communication to such party even if the notice was not sent to or delivered at the party’s chosen address.
• A party may by written notice to the other party change its address or fax number for the purpose of clause 15.1 to any other address (other than a post office box number) or fax number, provided that the change will become effective on the seventh business day after the receipt of the notice.

DEFAULT BY THE CLIENT

• Should the client breach any condition contained in this agreement, or should the client breach a condition of any other agreement with the Bank (which breach will constitute a breach of this agreement), the Bank will have the right, to the extent permitted by the law, to claim repayment of all amounts owing to or claimable by the Bank in terms of this agreement, together with interest thereon.
• All amounts owing to or claimable by the Bank in terms of this agreement will, at the option of the Bank and to the extent permitted by applicable regulations, become immediately due and payable without notice, in the event that the client fails to pay on demand any sum or sums of money owing to or claimable by the Bank in respect of any overdraft and/or financial facility granted to the client or any other indebtedness of the client to the Bank from whatever cause arising. Any failure by the client to effect payment of the aforesaid will constitute a breach of this agreement.
• The Bank may, without notice, set off against any account or indebtedness of the Customer;
• . Any other account whether current, loan, savings, or any other type;

(ii). Any time or other deposit

(iii) The Bank may, upon notice to the Customer, set off his account against any other account or indebtedness in respect of which the Customer is liable notwithstanding that some other person may also be liable in respect thereof. In such circumstances upon receipt of an indemnity satisfactory to the Bank against costs and the Customer’s expense, the Bank will give the Customer any assistance necessary in obtaining a refund.

JURISDICTION

At the option of the Bank any claim arising hereunder may be recovered in any magistrate’s court having jurisdiction, irrespective of the amount of the claim, and the client hereby consents to the jurisdiction of that court.

STATEMENTS

• Subject to such an option being available, a statement reflecting all the debit and credit entries as well as the total debit or credit balance, as the case may be, will, on a regular basis and in accordance with product specifications, be e-mailed to clients who have exercised the option. If the client has not opted to receive mailed statements, a statement printout may be obtained at the client’s branch, if and when required.
• In the event of overdrawn accounts and if any regulation is applicable to the agreement, the Bank will provide the client with a statement of account.
• Statements should be checked for accuracy by the client as soon as they are received. The contents of any statement of account or statement of any other nature which has been sent by the Bank to the Customer, and to which the Customer has not objected within fourteen (14) days of receipt thereof, shall be deemed approved by the Customer. If however, the Customer has any query about any transaction on his account statement, they should notify the Bank immediately using the instructions outlined below;
• If the Customer is enquiring by mail or fax, they should send the Bank a copy of the statement of account in question, as well as details of the nature of enquiry.
• Whenever possible, the Customer should direct the inquiry to the specific area or department responsible for the transaction.
• In the event of a dispute with regard to the items appearing on the statement, the Bank’s records shall be prima facie proof.

DORMANT ACCOUNTS

• An account will become dormant if the client has not initiated any debit or credit transactions on his account for such a period as the Bank, at its discretion, may determine from time to time. The dormancy period on BancABC Current accounts is ninety (90) calendar days, one hundred and eighty (180) calendar days for Savings and Civil Service Savings accounts and three hundred and sixty (360) calendar days for Tobacco farmers.
• The client will not be able to transact on a dormant account without providing proof of his identity, and such account will be subject to reactivation.
• The Bank is entitled, after written notification to the client, at its sole discretion to close an account which has been dormant for such a period as the Bank may determine from time to time.
• Sixty (60) days prior to closing the dormant account the Bank will send a letter to the client’s address or send a written communication via email address or SMS, informing the client that the account will be closed.
• Once the dormant account is closed, no interest will accrue to the account.

CLIENT’S RIGHTS

The client may dispute all or part of any particular credit or debit entered on the account in terms of the agreement by delivering a written notice to the Bank, whereupon the Bank will give the client written notice either explaining the entry in reasonable detail or confirming that the statement was in error either in whole or in part, and setting out the revised entry.

DEATH OF AN ACCOUNTHOLDER

If the client dies or is declared legally incompetent, the Bank can continue to accept and process deposits to the Account until the Bank has actual notice of the death/incompetency and has a reasonable chance to act. Upon notification, the Bank will freeze individual accounts (disallowing any withdrawals or transfers); multiple party accounts may remain unfrozen for up to thirty (30) days after the Bank has been notified of the death of an accountholder. By law, certain documents must be presented to us before funds in such an Account can be paid out and the Account closed. These documents may include: a certified copy of the death certificate; letters testamentary or letters of administration; decrees of probate court; and documents evidencing that estate taxes are paid or not owed; if applicable. Additional documents may be required depending on the ownership of the Account.

CREDIT BUREAU INFORMATION

To the extent permitted by our laws, and is applicable to the agreement, the Bank hereby informs the client that it supplies consumer credit information to the credit bureaus, and in this regard:

• the client confirms that the Bank may transmit to the credit bureaus data about the application, opening and termination of an account by the client;
• the client acknowledges that information on non-compliance with the terms and conditions of the agreement is transferred to the credit bureaus; and
• the credit bureaus provide a credit profile and possibly credit scores on the creditworthiness of the client, subject to the credit record.
• The client has the right to have the credit record disclosed and to correct inaccurate information. The client can approach the relevant Credit Bureau directly for that correction.

CERTIFICATE

To the extent permitted by our laws, the nature and amount of the client’s indebtedness to the Bank in terms of the agreement, as well as the interest rate payable in respect thereof, will at any time be determined and proved by a written certificate purporting to have been signed by a manager of the Bank for the time being, whose capacity or authority it will not be necessary to prove, which certificate will upon the mere production thereof be binding on the client and be prima facie proof of the contents of such certificate and of the fact that such amount is due and payable in any legal proceedings against the client, and will be valid as a liquid document against the client in any competent court.

GENERAL TERMS

• Before opening an account the Bank is entitled to follow up references or otherwise satisfy itself of the client’s identity and suitability as an accountholder. The Bank is entitled to refuse to open an account or accept a deposit.
• The client hereby agrees that the Bank is entitled to combine any or all accounts the client may have with the Bank, without notifying the client thereof. However, if the Bank combines only some of these accounts, the Bank will still have the right to claim from the client any amount in respect of an account that is not part of the combined accounts.
• These terms and conditions read with the application, as amended or replaced by the Bank from time to time, together with any other additional terms and conditions, as amended or replaced by the Bank from time to time, form the whole agreement between the parties in connection with the client’s current account.
• Product specifications, as amended by the Bank from time to time, apply to the agreement.
• Any latitude, indulgence or extension of time granted by the Bank to the client does not constitute a novation or waiver of the Bank’s rights in terms of these terms and conditions. The failure by any party to enforce any provision of the agreement will not in any way affect that party’s right to require performance of the provision at any time in the future.
• Any amendment of the terms and conditions does not constitute a novation of the agreement or of any previous obligation by the client to the Bank.
• The Bank is entitled to change any of the terms and conditions contained in the agreement at any time. The Bank will give notice of material changes by notices in the branches of the Bank. The amended form will be made available on the Bank’s website.
• The agreement will be governed in accordance with the laws of the Zimbabwe.
• Unless the Bank has acted in bad faith or are otherwise prohibited by applicable law, the Bank will not be liable to you for performing or failing to perform services under or in connection with this Agreement. Without limiting the foregoing, the Bank will not be liable for delays or mistakes that happen due to reasons beyond its control, including, without limitation, acts of civil, military or Banking authorities, national emergencies, insurrection, war, riots, acts of terrorism, failure of transportation, communication or water supply, or malfunction of or unavoidable difficulties with our equipment. If a court finds that the Bank is liable to you for what it did or did not do under or in connection with this Agreement, the client may recover from the Bank actual damages only, in an amount not to exceed the total interest paid by the Bank to the client under and in connection with this agreement during the six (6) month period immediately preceding the event giving rise to the Bank’s liability. In no event will, the Bank be liable for consequential damages (including lost profits), extraordinary damages, or special or punitive damages.
• If an attachment, garnishment, levy, order, decree or other state or legal process (“Legal Process”) is brought against the client, the Bank may refuse to permit or limit withdrawals or transfers from the client’s Account until the Legal Process is satisfied or dismissed. If the Bank receives any document that appears or is purported to be Legal Process issued out of any court or governmental agency, the client hereby authorizes the Bank to accept and comply with it, no matter how it was received by the Bank. The client hereby directs the Bank not to contest on the client’s behalf any such document or Legal Process and to comply with such process as the Bank determines to be appropriate in the circumstances without liability of us to the Bank. If the Bank incurs any damages, losses, costs or expenses, including, without limitation, reasonable attorneys’ fees, in connection with any such document or Legal Process, the client liable to the Bank in such amount and the Bank may (i) charge any expenses and fees to the client’s Account or any other account the client may have with the Bank without prior notice to you, (ii) bill the client directly for such expenses and fees or (iii) to the extent permitted by law, deduct such expenses and fees from the amount levied. Any garnishment, attachment or other levy against the client’s Account is subject to the Bank’s right of setoff.
• If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency (local, state, or federal), the validity or enforceability of any other provision of this Agreement shall not be affected.
• The Bank may at any time freeze any account of the Customer if and so long as there is any dispute or the Bank has doubt for any other reason (whether or not well founded) as to the person or persons entitled to operate the same, without any obligation to institute interpleader proceedings or to take any step of its own initiative for the determination of such dispute or doubt or where there is belief that the client is using the account for unlawful purpose including money laundering or financing of terrorism. The Bank will not be liable for any items that are dishonoured as a consequence of placing a hold on funds in the account for these reasons.
• The Bank’s failure or delay in exercising any of its rights under this Agreement does not mean that the Bank is unable to exercise those rights later.
• The Bank is not responsible for the authenticity, validity, regularity, or value of documents including but not limited to bills of lading, delivery orders, consignment documents, receipts, warrants and insurance policies. The Bank is not liable for funds returned of not applied to the Customer account as a result of an error or omission in the instructions given to the Bank in regard to the said funds.
• Should the client claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, s/he agrees to cooperate with the Bank in the investigation of the loss, including giving the Bank an affidavit containing whatever reasonable information we require concerning the account, the transaction, and the circumstances surrounding the loss. The client will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. The Bank will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss.
• Duty to report unauthorized or erroneous payment – The Client must exercise ordinary care to determine that all payment orders or amendments to payment orders that the Bank accepts that are issued in their name are authorized, enforceable, in the correct amount, to the correct beneficiary, and not otherwise erroneous. If the Client discovers (or with reasonable care should have discovered) an unauthorized, unenforceable, or erroneously executed payment order or amendment, the Client must exercise ordinary care to notify the Bank of the relevant facts. The time the client has to notify us will depend on the circumstances, but that time will not in any circumstance exceed three (3) working days from when you are notified of our acceptance or execution of the payment order or amendment or that the Client’s account was debited with respect to the order or amendment. If the Client does not provide the Bank with timely notice, the client will not be entitled to interest on any refundable amount. If the Bank can prove that the Client failed to perform either of these duties with respect to an erroneous payment and that the Bank incurred a loss as a result of the failure, the Client will be liable to the Bank for the amount of the loss not exceeding the amount of the Client’s order.
• The Client is responsible for notifying the Bank of any change in its address or name. The change of address or name must be made in writing or online, if applicable, by at least one of the account holders. Informing the Bank of the address or name change on a transfer form is not sufficient. The Bank will attempt to communicate with the Client only by use of the most recent address the Client has provided to the Bank. If provided elsewhere, the Bank may impose a service fee if the Bank attempt to locate you.

REMITTANCE SERVICES

• The Bank shall use reasonable care and skill in providing the Remittance Service and shall seek to execute the remittance on the business day that Bank receives the remittance application unless a later date is specified in the application, provided that the application is received prior to the applicable cut-off time at Bank’s service location. Where a remittance application cannot be executed on the same day it is received the Bank may execute the remittance on the next business day. The client agrees that remittance may take longer than one business day to execute.
• Remittance Services are provided by the Bank or its appointed Agents through the Bank’s branches and designated Agents outlets. The Remittance Services are specifically available in the City/Towns that are indicated on the bank’s website or by asking the Bank’s Agents or branches. Where a client sends money, the Recipient may receive the Transfer Amount at any designated Agent or branch location in the Expected Destination designated by the client at the time the client sends the money.

When using the Services, the client must:

• provide the Bank with true, accurate, current and complete information and evidence of the client’s identity, and promptly update your personal information if and when it changes; and
• provide the Bank with true, accurate, current and complete information of the recipient and any other information as the Bank may indicate from time to time which may be required in relation to the client.
• The client must take reasonable steps to keep the details he/she uses to access the Remittance Services safe and to prevent their fraudulent use.
• The client must not give his/her details, the recipient’s details or the reference number, to anyone other than the designated recipient. The client agrees to take actions reasonably necessary to ensure that such details are not disclosed to any other individuals.
• The client must not use the Remittance Services in connection with illegal activities including but not limited to fraud, money-laundering, illegal foreign currency dealings and the funding of terrorist organisations. If the Bank reasonably believes that the client is using the Remittance Services in connection with illegal activities or for any fraudulent purpose, or are permitting a third party to do so, the Bank may report the client to the appropriate legal authorities
• If the client suspects or becomes aware of any criminal activity used in connection with the Remittance Service, the client must contact the Bank immediately through the channels listed at the end of this Agreement
• The money the client sends will be received in the form of cash in the currency transmitted. The client will receive a reference number that corresponds to the client’s Transfer (“Reference Number”). The client should advise the Recipient to provide such Reference Number to receive the money.
• The Bank reserves the right to require, and may be legally required to obtain, documentation or information that will help the Bank to identify the client’s Recipient in connection with the Remittance Services (“ID”).
• The Bank’s obligations to the client shall cease once the money is disbursed to an individual who provides an ID to the Agent or to our branch which describes the Recipient designated by the Client and provides the correct Reference Number.
• The Bank may be obliged by law to provide information about the client and the client’s use of the Remittance Services and the clients Instructions to government or other competent authorities and the client agrees and authorise such disclosures to be made.
• Except to the extent that the Bank is otherwise liable under this Agreement or by law, the client agrees to indemnify and hold the Bank, its shareholders, subsidiaries, affiliates, directors, officers, employees, Agents, representatives, suppliers, Service Providers, and subcontractors harmless from any and all losses, liabilities, claims, demands, judgments and expenses, including but not limited to reasonable attorney’s fees, arising out of or in any way connected with the client’s use of or the performance of the Remittance Services.
• If, after receiving a fully paid, timely, complete and accurate Remittance Service request in accordance with this Agreement, the Bank does not complete the Remittance Service on time or in a correct amount according to this Agreement, the Bank will be liable only for actual damages suffered by the client but in any event the Bank’s liability shall not exceed the amount the client would have sent in respect to the transaction in question.
• The client’s exclusive and maximum remedy against the Bank is a refund of the transfer amount plus any refundable transfer fees charged by the Bank. No other remedy is available to the client, including, but not limited to any remedy for incidental, indirect, special or consequential damages. These limitations apply whether the client’s claim arises due to the Bank or its agents’ negligence, fault, error, omission or non-performance.
• The Bank shall not be liable to the client for the following which shall include but not be limited to: (a) for any delays or mistakes, or any claims, losses, or damages, resulting from any circumstances beyond our control, including any force majeure event due to acts of governmental authorities, national emergencies, insurrection, war, or riots, (b) for any claims, losses, or damages resulting from your failure to comply with this agreement, communication system failures, or failures or malfunctions attributable to our equipment, any internet service, electricity failures; (c) any delay in paying out money due unavailability of funds (d) if the client’s recipient refuses or fails to accept or collect the money.
• The client expressly agrees and understand that the Remittance Services are provided on an “as is” and “as available” basis.

TAXES

• The Client authorises the Bank to deduct any taxes that are due or may become due from the Client as a result of any transactions that are carried out by the Client as provided by the law.
• The Client further authorises the Bank to make any deductions from any account the Client has with the Bank in order to recover any taxes that may become due and payable in retrospect in terms of any applicable laws in respect of any transactions carried out by the Client.

ACKNOWLEDGEMENT, CONFIRMATION AND CONSENT

• The client warrants that he has fully and truthfully answered all questions and responded to requests for information by the Bank relating to the agreement.
• The client confirms that he understands and appreciates the risks and costs inherent in the agreement, as well as his rights and obligations under the agreement.

DATA PROTECTION, PRIVACY AND CYBER SECURITY

Data Controller

For purposes of the Cyber and Data Protection Act [Chapter 12:07], African Banking Corporation of Zimbabwe Limited trading as BancABC (“the Bank”) acts as a Data Controller in respect of personal information processed under this Agreement.

Lawful Basis for Processing

The Bank shall process personal information lawfully, fairly and transparently in accordance with the Cyber and Data Protection Act. Processing shall be based on one or more of the following lawful grounds:

• Performance of a contract with the Client;
• Compliance with a legal obligation;
• Protection of the Client’s vital interests;
• legitimate interests pursued by the Bank, except where overridden by the Client’s rights;
• consent of the Client, where required by law. Where processing is based on consent, such consent may be withdrawn at any time, subject to legal or contractual restrictions.

Data Protection Principles

The Bank shall ensure that personal information is:

• Processed lawfully, fairly and transparently;
• Collected for specific, explicit, and legitimate purposes
• Adequate, relevant and limited to what is necessary (data minimisation);
• Accurate, complete and up to date;
• Retained only for as long as necessary.
• Processed in a manner that ensures appropriate security.

Categories of Personal Information

The Bank may process:

• Identification data (ID number, passport, biometric data where lawful);
• Contact details;
• Financial and transactional data;
• Credit and risk data;
• Remittance and beneficiary information;
• Device and electronic banking access data;
• CCTV and security monitoring data;
• Any other information required by law or necessary for service provision. Biometric or sensitive personal information shall only be processed where permitted by law and subject to enhanced safeguards.

Purpose of Processing

Personal information may be processed for:

• Account opening, operation and closure;
• Card issuance and transaction processing;
• Remittance services;
• Fraud prevention and cyber security monitoring;
• Anti-money laundering and counter-terrorist financing compliance;
• Credit referencing and risk assessment;
• Regulatory reporting;
• Legal claims and dispute resolution;
• Service improvement and system security;
• Direct marketing (only where lawful and consented to, where required).

Automated Processing and Fraud Monitoring

The Client acknowledges that the Bank may use automated systems, including fraud detection and transaction monitoring systems, to:

• Detect suspicious transactions;
• Prevent cybercrime;
• Comply with statutory obligations. Such automated processing shall not produce unlawful or unfair legal effects on the Client and shall be subject to appropriate safeguards.

Disclosure of Personal Information

The Bank may disclose personal information to:

• Regulatory authorities and courts;
• The Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) (Designated Data Protection Authority).
• Credit reference bureaus;
• Correspondent banks and payment processors;
• Agents and service providers acting under written data processing agreements;
• Law enforcement agencies;
• Any person authorised by the Client. All third-party processors shall be contractually required to implement appropriate security measures.

Cross-Border Transfers

Where personal information is transferred outside Zimbabwe, the Bank shall ensure that:

• the recipient country provides adequate data protection; or
• appropriate safeguards are implemented; or
• the transfer is necessary for contract performance; or
• the Client has explicitly consented where required.

Data Retention

Personal information shall be retained:

• For the duration of the banking relationship;
• For statutory retention periods under financial, tax, anti-money laundering or regulatory laws;
• For limitation periods applicable to legal claims;
• Thereafter securely deleted or anonymised.

Security Safeguards

The Bank shall implement appropriate technical and organisational security measures including:

• Encryption;
• Access controls;
• Multi-factor authentication;
• Fraud monitoring;
• Network security controls;
• Staff confidentiality obligations;
• Secure destruction procedures. These measures shall comply with Section 28 of the Cyber and Data Protection Act.

Personal Data Breach

In the event of a personal data breach:

• The Bank shall assess the risk to data subjects;
• Notify the Data Protection Authority where required;
• Notify affected Clients where the breach poses a risk to their rights or interests;
• Take remedial action to mitigate harm.

Direct Marketing

The Bank shall only send marketing communications:

• Where consent has been obtained; or
• Where permitted under applicable law. The Client may opt out of marketing communications at any time free of charge.

Data Subject Rights

Subject to the Act, the Client has the right to:

• Access personal information;
• Request correction;
• Request deletion where lawful;
• Object to processing on reasonable grounds;
• Restrict processing in certain circumstances;
• Withdraw consent;
• Lodge a complaint with the Data Protection Authority. Requests shall be submitted through the Bank’s designated data protection contact channels.

The terms contained in this document (Standard Promotional Terms and Conditions) apply to all promotional offers available through BancABC platforms and together with any applicable specific promotional terms. By participating in any promotion, the customer is indicating to accept and agree to be bound by these terms and conditions. Customers are advised to read these Terms and Conditions before participating in any promotion.

How to enter

• The completion will run for specified period of time
• Entries received or done after the stated closing date will not be accepted.
• BancABC prize draws and competitions are free to all its customers
• The Bank will not accept responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
• The Bank reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.

Eligibility

• Unless otherwise stated, our prize draws and competitions are open to all BancABC customers.
• Entrants under 18 must get consent from their parent(s) or legal guardian(s) before entering. The parent(s) or legal guardian(s) of entrants under 18 agree to these Terms and Conditions on behalf of the entrant.
• Only one entry per person is permitted.
• In entering, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Bank may require you to provide proof that you are eligible to enter the prize draw or competition.
• The Bank reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize draw or competition.

The Draw

• A winner will be chosen by random draw performed by a computer process within one month of the prize draw or competition ending.
• The winner will receive details of the prize.
• The winner will be notified by email or telephone (using details provided at entry) within 7 days of being chosen and must provide a postal address to claim their prize.
• If a winner does not respond to BancABC within 14 days of being notified, then the winner’s prize will be forfeited and the BancABC will be entitled to select another winner in accordance with the process described above.
• The prize will be sent to the winner within 14 days of responding to BancABC
• The prize is non-exchangeable, non-transferable and no cash alternative is offered. BancABC reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the BancABC’s control makes it necessary to do so.
• The decision of the BancABC regarding any aspect of the prize draw or competition is final and binding and no correspondence will be entered into about it.
• The BancABC reserves the right to hold void, cancel, suspend, or amend the promotion where it becomes necessary to do so.

Limitation of liability

Insofar as is permitted by law, the BancABC, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the BancABC, its agents or distributors or that of their employees. Your statutory rights are not affected.

Data protection and publicity

Privacy Commitment: BancABC is committed to protecting and respecting your privacy. The Bank will only process your personal information in strict accordance with these Terms and Conditions, the Cyber and Data Protection Act [Chapter 12:07], and the BancABC Privacy Policy available on our official website.

Lawful Basis for Processing: BancABC processes personal information for the purposes of administering promotions on the lawful basis of: Performance of a contract (facilitating your participation in the promotion); Compliance with legal obligations; and Legitimate interests of the Bank (ensuring fair play and auditability).

Purpose Limitation: Personal information collected for the promotion shall be used strictly for: Administering and managing the promotion; Verifying participant eligibility; Contacting winners and delivering prizes; Complying with regulatory and audit requirements; and Marketing purposes, only where separate, explicit consent has been obtained.

Data Minimization: BancABC shall collect and process only personal information that is adequate, relevant, and strictly limited to what is necessary to execute and audit the promotion.

Direct Marketing and Opt-Out: Where personal information is used for marketing communications: Participants shall be provided with a clear opportunity to opt-in; Participants may withdraw consent or opt-out of marketing at any time without affecting their participation in the promotion; Opt-out mechanisms shall be simple, clear, accessible, and completely free of charge.

Publicity and Publication of Winners: For transparency and regulatory reporting, BancABC may publish the winner’s name. Such publication shall be minimized to what is legally necessary. Publication of photographs, videos, or extensive promotional material featuring the winner shall be subject to obtaining separate, explicit Publicity Consent from the winner.

Children’s Data Protection: Where entrants are under the age of 18, verifiable parental or legal guardian consent must be explicitly obtained before any personal information is processed.

Automated Decision-Making: Winners selected through an automated computer-based random draw process are handled via a system designed for fairness and transparency. Such processing does not produce adverse legal effects beyond awarding the designated promotional prize.

Cross-Border Data Transfers: Where promotional administration requires personal information to be transferred outside of Zimbabwe, BancABC shall ensure that the recipient country provides an adequate level of data protection, appropriate contractual clauses/safeguards are enacted, or the data subject has provided explicit consent.

Data Retention: Personal information collected for promotional purposes shall be retained only for as long as necessary to fulfill the purposes of the promotion and to comply with legal, regulatory, audit, and record-keeping obligations. Thereafter, data will be securely deleted or completely anonymized.

Data Security: BancABC implements state-of-the-art technical and organizational security measures to protect personal information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access in strict compliance with Section 28 of the Cyber and Data Protection Act [Chapter 12:07].

Data Breach Notification: In the event of a data breach affecting personal information, BancABC shall strictly comply with the mandatory breach notification windows and requirements prescribed under the Cyber and Data Protection Act and its accompanying Regulations.

Data Subject Rights and Complaints: Participants have the right to request access to, correction of, or erasure of their personal data, to object to certain processing activities, to withdraw consent at any time, and to lodge a complaint with the Data Protection Authority of Zimbabwe (POTRAZ). Requests can be filed via BancABC’s designated data protection channels as listed in the online Privacy Policy.

Governing law

• BancABC prize draws and competitions will be governed by the Zimbabwean law and any disputes or resolutions will be done through Zimbabwean courts.
• The BancABC reserves the right to update these Terms and Conditions from time to time and any updated version will be effective as soon as it is published on the website.