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Thank you for visiting the BLUEBEAN site (the site) which is owned by BLUEBEAN, a division of The Standard Bank of South Africa Limited. Before you go any further it is important that you read and understand the conditions under which you'll use the site.
Agreement
Your use of the site and its services will be governed by these terms and conditions. These terms and conditions constitute an agreement between you and The Standard Bank of South Africa Limited (BLUEBEAN).
None of the investment services provided or available on the site are targeted to residents outside the Republic of South Africa. In particular, nothing on this site should be interpreted as targeting persons in the United States of America, the United Kingdom, Australia and Hong Kong. Such applicants may be granted access to the services once we are satisfied that such access would not be in breach of the relevant laws of the jurisdiction in which the applicant is resident or domiciled.
If you have a BLUEBEAN card or cards (card(s)), their terms and conditions will apply to all transactions that you carry out or instruct BLUEBEAN to carry out via your card(s).
When using a particular BLUEBEAN service you will also be subject to any guidelines or rules on the site that apply to it. These terms and conditions will prevail if there is a conflict between these terms and conditions, and such guidelines or rules.
Nothing else on the site will form part of these terms and conditions or constitute an agreement between you and BLUEBEAN.
Acceptance of terms and conditions
These terms and conditions become binding on you when you access the site or use the BLUEBEAN services. By using the site and the BLUEBEAN services you acknowledge that you have read, understood and agree to be bound by these terms and conditions. You also agree and warrant that you will comply with all applicable laws and regulations. If you do not agree to these terms and conditions you should not continue to use the site or the BLUEBEAN services.
Amendments to terms and conditions
BLUEBEAN may amend these terms and conditions from time to time. By accessing the site you are bound to the version of the terms and conditions published on the site at the time of any visit to the site. You agree to view the current version each time you access the site.
A certificate signed by the administrator responsible for maintaining the site will be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions.
Dealings with advertisers
Any dealings you have with advertisers found on the site are solely between you and the advertiser. This includes correspondence, business dealings, participation in promotions, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.
BLUEBEAN will not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the service or site. You also may be subject to additional terms and conditions that may apply when you use the products or services of any other person, or their content or software.
Information
BLUEBEAN may use the services of other organisations to provide information on the site. BLUEBEAN has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided 'as is' and that BLUEBEAN and its online partners will not be directly or indirectly liable for any damages that may arise from your reliance on it.
Linked third-party website and third-party content
The site will contain links to other sites with information and material produced by other parties, including BLUEBEAN's advertisers. While BLUEBEAN tries to provide links only to reputable sites or online partners, we cannot accept responsibility or liability for the information provided on other sites. A link from the site to any other site does not mean that BLUEBEAN has scrutinised or endorsed the owners, licensees or administrators of such a site or content or their business or security practices and operations.
Permission for hyperlinks, deep linking, crawlers and metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving the prior written approval of BLUEBEAN, which may be withheld or granted subject to the conditions BLUEBEAN may specify from time to time.
An application for linking must be submitted to webmaster@bluebean.com once received BLUEBEAN will do its best to respond and enter into further discussions with you. If you don't get a written response from BLUEBEAN within five business days, consider your request as having been rejected.
Breach of these conditions entitles BLUEBEAN to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
Intellectual property
BLUEBEAN retains all copyright and other intellectual property rights in all software, material, including logos and other graphics and multimedia works published on or via the site. You are hereby authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:
- The material is used for considering or using the services or the card(s) and for no other commercial purposes; and
- Any reproduction of BLUEBEAN's proprietary material from the site or portion of it as permitted in terms of this clause, must include its copyright notice in its entirety.
You acknowledge and agree that the service and any necessary software used in connection with the site or service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the site or service or advertisers is also proprietary and confidential and is subject to intellectual property laws. Except as expressly authorised by BLUEBEAN, online partners or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, commercialise in any way or create derivative works based on the site, service or the software, in whole or in part.
The logos and trademarks shown on the site are the registered and unregistered trademarks of BLUEBEAN or third parties. Nothing contained on the site should be construed as granting any licence or right to use any trademark without the prior written permission of BLUEBEAN or that of third party proprietors. You may not without BLUEBEAN's prior written permission use such intellectual property for any other purposes.
Your application to use any content from the site must be submitted in writing to webmaster@bluebean.com . On receipt BLUEBEAN will try to respond and enter into further discussions with you. If you don't receive a written response from BLUEBEAN within five business days consider your request as having been rejected.
Irrespective of the existence of copyright, you acknowledge that BLUEBEAN is the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
Software
in order to use the service, you must obtain access to the world wide web either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the world wide web, including a computer and modem or other access device.
You are required to use and maintain only 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 or cause some or all of the functionality of the site or sites of online partners not to operate properly or at all.
Software, if any, made available for download on or via the site is governed by licence conditions that establish a legal relationship with the licensor. You indemnify BLUEBEAN against any breach of these licence conditions. BLUEBEAN gives no warranty and makes no representation, whether express or implied, as to the quality or fitness for purpose or use of such software.
No warranty, whether express or implied is given that any files, downloads or applications available via the site or third party sites, including the sites of online partners or advertisers are free of viruses, trojans, bombs, time-locks 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
Information transmitted via an unsecured link over the Internet is susceptible to potential unlawful access, distortion or monitoring. The measures we have taken to limit these risks are outlined in BLUEBEAN's privacy and security statement .
As BLUEBEAN does not have the ability to prevent unlawful activities by unscrupulous persons, you accept that BLUEBEAN cannot be held liable for any loss, harm or damage suffered by you as a result thereof. To limit these risks, BLUEBEAN may request independent verification of any information transmitted by you via the site from time to time.
Indemnity
For purposes of this clause 'BLUEBEAN' or 'we' or 'us' means The Standard Bank of South Africa Limited, its affiliates, its shareholders, agents, consultants or employees. You hereby indemnify BLUEBEAN for all losses and all expenditures that we may incur on your behalf due to:
- Non-payment;
- Any purchase or order exceeding the amount available in your bank account;
- Unauthorised instructions executed which were not due to BLUEBEAN's negligence;
- Your breach of any terms of these terms and conditions, including your misconduct.
Unavailability of service
You acknowledge and accept that the site or service may become unavailable from time to time due to various circumstances, including technical failure or problems with the site online partner or third-party sites, the communication system underlying a site or service that is owned or controlled by BLUEBEAN or by persons other than BLUEBEAN, unavailability of telecommunication or electricity services or other circumstances beyond BLUEBEAN's control.
You undertake, in the event of unavailability of the site or a service, to limit your potential losses by utilising any other means of communication with BLUEBEAN and the online partner for the duration of the unavailability of the site or service.
No warranties or representations
For purposes of this clause 'BLUEBEAN' means The Standard Bank of South Africa Limited, their affiliates, shareholders, agents and employees. BLUEBEAN does not warrant that the site or service will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. BLUEBEAN expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, year 2000-compliance, non-infringement, compatibility, security and accuracy.
BLUEBEAN makes no representations or warranties concerning any advertiser or online partner. Nor does BLUEBEAN make any representation or warranty with regard to content of the BLUEBEAN online partner or advertisers' sites or services listed in or linked to, from the site, and BLUEBEAN is not responsible for the accuracy, reliability, copyright compliance, legality or decency of the content contained on such sites or of such services.
Disclaimer and limitation of liability
For purposes of this clause 'BLUEBEAN' or 'we' or 'our' means The Standard Bank of South Africa Limited, their affiliates, shareholders, agents and employees.
Although BLUEBEAN has taken care to ensure that the content provided on the site is accurate and that you suffer no loss or damage as a result of your use of the site or the service, the site and the service are provided 'as is'. You expressly understand and agree that:
- We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisation settings.
- We cannot guarantee the accuracy of the product information or prices displayed on the online partners' or advertisers' sites nor can we be held liable for the nature of the products contained on the online partners' or advertisers' sites.
- We cannot be held liable for the nature of the online partners or advertisers services.
- Your use of the site and service is entirely at your own risk and you assume full responsibility for the risk of loss resulting from your use of the site or the service and your reliance on the material and information contained on the site or the sites of online partners.
- We will not be liable for any damages whatsoever relating to your use of the site or the services or the information contained on the site or your inability to use the site or services, including, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage. Without derogating from the generality of the foregoing, we shall not be liable for:
- Any interruption, malfunction, downtime or other failure of the site or the service, the site or service or system of our online partners, our system, databases or any component part thereof, for whatever reason;
- Any content on a third-party or online partner site or service;
- Any content or remarks that take place on a chatroom or other device used for the transmission of messages hosted by a third-party;
- Any loss or damage which arises from your orders, purchases or disposal of goods and services, from third parties, based upon the information provided on the 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 destructive code on our system or third party systems; programming defects; negligence on our part or caused by the year 2000 computer problem;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the service;
- Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers (currently Telkom), internet service providers, electricity suppliers (currently Eskom), local authorities and certification authorities;
- Any other matter relating to the site or the service or any event over which we have no direct control.
Breach
Save for those provisions in these terms and conditions specifically providing for breach and termination, BLUEBEAN may, without derogating from any other remedy available to it at law or under these terms and conditions, including the right to obtain an interdict, terminate its agreement with you if you breach any material provision of these terms and conditions and fail to remedy such breach within five days of receipt of a notice requiring you to do so.
How disputes will be resolved between you and BLUEBEAN
All disputes arising as a result of your use of the site or the service or on the interpretation of these terms and conditions or on any matter which in terms of these terms and conditions requires agreement by you and BLUEBEAN, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
The arbitration will be held with only you and BLUEBEAN and your and our representatives present at the offices of the Arbitration Foundation of Southern Africa ('AFSA'), Sandton, Gauteng, South Africa. The arbitration will be governed by the Rules of AFSA, in terms of South African Law and will be heard by an arbitrator or arbitrators appointed by the AFSA.
Either party to the arbitration will be entitled to have the award made an order of court of competent jurisdiction. You and BLUEBEAN will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated herein. The arbitrator will have the power to give default judgement if either you or BLUEBEAN fails to make submissions on due date and/or fails to appear at the arbitration.
How disputes between you and BLUEBEAN's online partners will be resolved
unless the supplier terms contain its own dispute resolution provisions, in which event such terms shall apply to the exclusion of this provision, all disputes between you and online partners shall be referred to arbitration as provided hereinafter.
All disputes arising as a result of transactions or the interpretation of the supplier terms (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction) will be submitted for arbitration in terms of the rules of the AFSA. An arbitrator agreed to between the parties may be used or failing that, one appointed by the president of AFSA.
The arbitration will be held with only you and your representative and the online partner and their representatives present at the offices of AFSA in Sandton, Gauteng, South Africa.
Either party to the arbitration will be entitled to have the award made an order of cort of competent jurisdiction. You and the online partner will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential.
Your capacity to enter into agreements
You hereby warrant to BLUEBEAN and its online partners that you have the required legal capacity to enter into and be bound by these terms and conditions. Anyone below the age of 18 years may not use the services and must be assisted by their legal guardian when reading these terms and conditions.
BLUEBEAN's address for notices and service of legal process
for the purpose of service of any legal process BLUEBEAN chooses the following address:
9th Floor
No. 5 Simmonds Street
Johannesburg
The law which governs your relationship with BLUEBEAN
These terms and conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.
General provisions
the headings of the clauses in these terms and conditions are provided for convenience and ease of reference only and shall not be used to interpret, modify or amplify the terms and conditions.
Where any dates or times need to be calculated in terms of these terms and conditions, the international standard time: GMT plus two hours, will be used.
No failure or delay by BLUEBEAN to exercise any of its rights shall be construed as a waiver of any such right, whether this is done expressly or may be implied, nor shall it affect the validity of any part these terms and conditions or prejudice BLUEBEAN's right to take subsequent action against you.
If any of these terms and conditions or provisions are held to be invalid, unlawful or unenforceable to any extent; such term, condition, or provision shall be severed from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.
Contacting BLUEBEAN
If you have any questions please call the BLUEBEAN customer contact centre on the number displayed on the site.
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