TERMS AND CONDITIONS FOR THE USE OF THE NATIONAL BANK OF MALAWI WEBSITE
Access to the Website is subject to the following terms and conditions. Please take the time to read through these terms and conditions that apply to the use of the National Bank of Malawi plc (NBM plc) Website before proceeding to use the Website. Use of the website will imply that you have read and agree to these terms and conditions.
NBM plc reserves the right to alter or modify these terms and conditions at any time without prior notice to you and it is your responsibility to check if changes have been made. We reserve the right to amend, remove, add, alter or otherwise change the contents of the Website at any time without prior notice to you. Your use of the Website after NBM plc has posted changes on-line shall constitute acceptance of the changes to the terms and conditions.
In these terms and conditions:
‘we/us/our’ means National Bank of Malawi plc (NBM plc);
‘you/your/customer’ includes all users of the Website;
‘the website’ means this website including features, facilities and services related to it;
1. Access to the website:
Access to the Website is permitted on a provisional basis, and we reserve the right to amend or withdraw the service provided on the Website without prior notice. We may stop your access to or use of this site for any reason, including without limitation where we believe that you have not acted in accordance with the terms and conditions of this site. We will not be liable, if for any reason, the Website is unavailable at any time or for any reason.
2. Content:
2.1 Use, reproduction and printing of any material on the Website are strictly for personal and non-commercial purposes.
2.2 The content and information on the Website may contain inaccuracies and typographical errors and may be altered, modified, amended or updated from time to time. We exclude all liability and/or any loss or damage arising as a result of such inaccuracies, typographical errors, alterations, modifi- cations, amendments and updates.
2.3 As much as we take necessary steps to ensure that the Website carries accurate information, we accept no responsibility for keeping the Website up to date and we will not be held to any previously existing representations, terms, conditions or other information subsequently altered on the Website.
2.4 The information appearing on the Website is for information purposes and does not constitute advice, recommendation or invitation to offer.
2.5 Under no circumstances shall we be held liable for delay or failure or disruption of the content or services delivered resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
3. Contractual issues:
We will not be bound to any allegations that a legally binding agreement has been entered into between you and us arising from communications addressed to us on the Website. We reserve the right and insist upon written agreements between you and us. As such, any information contained on the Website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding agreement.
4. Liability:
4.1 The information and material posted on the Website is provided without guarantees, conditions, or warranties as to accuracy. We exclude all representations and warranties relating to the access and use of the Website, whether they are statutory or not, as far as is possible by law. To the extent permitted by law, we, our employees, agents, representatives, contractors and third parties connected to us hereby expressly exclude:
1. All conditions, warranties and other terms which might otherwise be implied by statutes;
2. Any liability for any direct, indirect or consequential damage howsoever incurred by you in connection with:
• Our failure to fulfil any of our obligations in terms hereof;
• The Website or resulting from the use, inability to use, the Website;
• The search results obtained from the Website.
4.2 We are not liable to perform any obligations under these terms and conditions caused by matters beyond our reasonable control. We therefore provide the Website on an “as is” and “as available” basis.
4.3 You are solely responsible for all the terms and conditions of the transactions conducted on, through or as a result of the use of the Website.
4.4 We publish content on the Website containing marketing material. We shall not be held liable to honour, explain or compensate you or anyone else for any loss or prejudice which may arise from the publication of such material.
4.5 We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, without prior notice, in our sole discretion.
4.6 We do not exclude our duties or liabilities under the Banking Act.
5 Intellectual Property:
5.1 All intellectual property including trademarks, names, logos, whether registered or not, embodied in the Website content are our proprietary marks. Marks identifying third parties are owned by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any License or right under any trademarks, names or logos.
5.2 All rights, including copyright, in the content of the Website are owned and/or controlled by us.