DISCLAIMER
 

Welcomes to the Bank Windhoek website. We have recently updated the look of our site. It's fresh, clear and now a breeze to navigate. Yet we're still the same bank you've come to know and trust over the years. We hope that you'll find the products, services and information offered on our website interesting and useful in your day to day life. And we look forward to your next visit. Because together, we do better.

In order to eliminate any misunderstandings when viewing or using the information contained on our website, which could result in possible disputes, Bank Windhoek kindly requests that you carefully read the following disclaimer.

Disclaimer:

By visiting and/or viewing the contents of and/or applying for any of the products and services offered on the Bank Windhoek website, you agree to the following:

  1. All the information appearing on the Bank Windhoek website is made available without any representation and/or warranty, whether expressed, implied or tacit, by Bank Windhoek.

  2. All information pertaining to Bank Windhoek products and services, including the terms and conditions applying to such products and services, appearing on the Bank Windhoek website is subject to change without notice.

  3. Bank Windhoek declares that it accepts no liability for any loss, whether direct, indirect or consequential, arising from the use of information appearing on the Bank Windhoek website or any transactions that may be concluded there from.

  4. The laws of the Republic of Namibia shall govern the terms and conditions of any products and services offered on the Bank Windhoek website. In the event that any disputes, proceedings or actions are instituted by either party against the other arising from the aforesaid terms and conditions or from any application for any products and services offered on the Bank Windhoek website, then both parties consent to the jurisdiction of the High Court of Namibia or any other applicable Namibian court.

  5. All calculations made on any of the calculators made available on the Bank Windhoek website, including any interest rates stipulated, shall be regarded as a guideline and for information purposes only and are subject to confirmation at the time that any transaction is finalised.

Terms of Service

Terms and conditions of website use

Considering the highly confidential nature of online banking, it is extremely important that you read and understand the following terms and conditions under which you will make use of the information and services offered on our website.

Acceptance

These conditions become effective and binding upon you when you access our website for the first time and constitute a valid binding agreement between you and Bank Windhoek Limited.

The current version of these conditions, as published and appearing on our website, will govern our respective rights and obligations each time you access our website.

Online banking services

Our online banking services and products (“online services”) are subject to prescribed registration procedures and approvals, which we may, 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 Bank Windhoek 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.

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 Bank Windhoek Limited is the proprietor of all material on our website, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.

Software

You are required to use and maintain hardware and software of sufficient quality and performance capability and to use only the latest versions of Microsoft Internet Explorer and Netscape browsers. Your failure to use these browsers may result in a higher security risk and/or cause some or all of the functionality of our site not to operate properly or at all.

Bank Windhoek Limited gives no warranty, whether express or implied, that any files, downloads or applications available via its website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.

Transmission of information ovee Internet

Information transmitted via an unsecured link over the Internet, including e-mail, is susceptible to potential unlawful access, distortion or monitoring by unscrupulous persons. The encryption of our system as described in our privacy policy represents the steps we have taken to minimise these risks.

Due to the nature of the Internet we cannot completely prevent unlawful activities by unscrupulous persons. As such you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result. To assist us in our efforts to combat these risks and the perpetration of unlawful activities by unscrupulous persons, we may request independent verification of any information transmitted by you via our site or e-mail from time to time.

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

Bank Windhoek does not warrant that its website or online services will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.

Bank Windhoek expressly disclaims all implied and express warranties, including, without limitation, warranties of fitness for a particular purpose, non-infringement, compatibility, security and accuracy of this, its website.

DISCLAIMER AND LIMITATION OF LIABILITY

Although Bank Windhoek has taken care to ensure that the content appearing on its website is accurate and that you suffer no loss or damage as a result of your use of its website, the Bank Windhoek website and the online services provided on the 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.

Bank Windhoek 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, Bank Windhoek's non-liability aforesaid includes any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, and delict or otherwise and regardless of whether Bank Windhoek was expressly advised of the possibility of such loss or damage.

Bank Windhoek limited 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 (currently provided by Telecom Namibia), Internet service providers, electricity suppliers (currently provide by Nampower), 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 Head Office in Windhoek , where only Bank Windhoek and you and our respective representatives will be present.

There shall be one arbitrator, who shall:

  1. if the matter is primarily a legal matter, be an impartial admitted legal practitioner or advocate of not less than fifteen (15) years standing;

  2. 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:

  1. 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;

  2. 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);

  3. 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 unless otherwise contemplated.

Your contractual capacity

You hereby warrant to us that you have the requisite legal capacity to enter into and be bound by contractual terms and as such warrant that these conditions are binding upon you.

If you are a minor, your legal guardian must assist you when reading these conditions.

Proof of the operation of our website

A certificate signed by our webmaster / website administrator will constitute prima facie proof of the operation or functionality of our 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: info@bankwindhoek.com.na

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 info@bankwindhoek.com.na and we will respond to your question as soon as possible.

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