EmpowerBank offers you, the applicant, the EmpowerBank KYC lite account subject to the terms and conditions set out in this Arrangement.
Section A - Card Terms and Conditions
You must not use this account for any illegal purpose nor allow anyone else to do so. In the event of such illegal use occurring, you will be liable for any loss, harm and prejudice which may be suffered by us as a result of such misuse.
Your card can be used at any approved EmpowerBank and Zimswitch enabled site.
We reserve the right to decline authorisation for any transaction on the card account.
The use of your card shall be subject to the rules of EmpowerBank that govern deposits and withdrawals.
Your card shall be linked to your mobile number to enable you to access the EmpowerBank mobile banking facility.
Restriction on the Use of Card
We may at any time and without prior notice to you cancel or suspend the use of your card for all or any purposes, or refuse to replace or reissue the card, or terminate this Agreement should:
- Any of the information that you gave us when you applied for this account be found or suspected to be untrue; or
- There be a breach of this Agreement or any other.
PIN and Card Reissue
You may change your PIN at any time at any EmpowerBank branch in Zimbabwe.
You may request a new card should the card in your possession be damaged, stolen or lost; however, we reserve the right to decline such a request. We will request the completion of a card replacement form and we will charge a fee.
Section B - General Terms and Conditions: Your Information
Information we hold about you will be regarded as confidential and will not be disclosed to any third party other than where we are legally required to disclose, where we have a public duty to disclose, or our interests require disclosure, or disclosure is made with your consent.
Crime Prevention and Debt Recovery
To prevent crime, to verify your identity and to recover debt, we may exchange information with other financial institutions, debt recovery agencies and other organisations. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering.
Audit: relevant information may also be exchanged with other institutions for audit purposes and if required by appropriate governmental and non-governmental regulators or the ombudsmen.
We may use other third parties to process information and provide services on our behalf. Whether it is processed in Zimbabwe or in countries outside Zimbabwe, your information will be protected in accordance with the strictest code of confidentiality and security, to which all members of EmpowerBank, its staff and any third parties are subject, and will only be used in accordance with our instructions.
Information submitted to EmpowerBank in the form of documents will be deemed to be the property of EmpowerBank and will not be returned to you.
Only one lite account per customer will be permitted.
We may at any time, and on notice, cede our rights and/or obligations pertaining to this Agreement to a third party. Such action will have no effect on your rights and/or your obligations. Your rights and/or obligations under this Agreement are not transferable.
We will communicate with you with regard to this Agreement by SMS, email, letter or any other means deemed appropriate.
We will not be liable to you for any loss due to any failure or delay in providing our service caused by strikes, industrial action, failure of power supplies or computer equipment, or other causes beyond our reasonable control.
If you divulge your PIN to a third party, you will be liable for any loss that you may suffer as a result of your action.
You must notify us immediately of any changes in any of the following:
- Your name
- Address
- Telephone number
- Cell phone number
- Signature
- Bank details
- E-mail address
- Employment
Should you fail to notify us of such changes, you may prejudice your rights in terms of this Agreement.
Other Information
If you wish to make an enquiry or complaint pertaining to this account, kindly address such query or complaint to the EmpowerBank Helpdesk (info@empowerbank.co.zw) or call 08677008035.
You may deliver your communication to the nearest EmpowerBank branch. We will give you 30 days' notice of any changes to be made concerning the terms and conditions of your account; the notice period may be reduced in case of emergencies. Changes to the lite product will also be published on the EmpowerBank website, www.empowerbank.co.zw.
Indemnity
Each party hereby agrees to indemnify the other and hold it harmless from any and all claims, actions, damages and liabilities that do not result from the other party's fault or negligence with regard to this arrangement.
Breach
We may terminate this Agreement if you breach any term of this Agreement.
Termination
Either party may terminate this Agreement by giving 90 (ninety) days written notice of its intention to terminate to the other party. Upon termination, your lite account will be closed.
Waiver
Any failure by EmpowerBank to exercise, or delay in exercising, any right or remedy under this Agreement will not constitute a waiver of that right or remedy or of any other rights or remedies.
Governing Law
This Agreement will be governed and construed in terms of the laws of Zimbabwe.
Anti-Bribery and Anti-Corruption
You represent, warrant and undertake now and hereafter that you have not and shall not commit, procure or encourage bribery in relation to this Agreement, or to obtain or retain business or any advantage in business for any member of EmpowerBank, and that you have and shall ensure, to the fullest extent possible, that you and others under your direction or control do not do so. For the purposes of this clause it does not matter if the bribery is:
- Through a third party;
- Of a public official or a private sector person;
- Financial or in some other form; or relates to past, present or future performance or non-performance of a function or activity, whether in an official capacity or not.
It does not matter whether or not the person being bribed is to perform the function or activity to which the bribe relates, or is the person who is to benefit from the bribe. A person is any individual, partnership, company or any other legal entity, public or private. You must promptly notify EmpowerBank in writing of any breach of this clause. If you breach this clause, EmpowerBank may immediately terminate this Agreement.
Jurisdiction
You consent to the exclusive jurisdiction and venue of the Harare Magistrates Court in relation to any and all claims or disputes arising from or in connection with this Agreement, in accordance with section 11(1)(b) of the Magistrates Court Act (Chapter 7:10) and all subsequent amendments thereto. You therefore waive any objections to the jurisdiction or venue of the Harare Magistrates Court.
Entire Agreement
This Agreement represents the entire agreement between the parties and supersedes all previous communication, either oral or written, between the parties with respect to the subject matter.
Severability
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.