YouthX website terms and conditions

1 Introduction

1.1 These terms and conditions (terms and conditions) relate to the use of the Nedbank YouthX website (YouthX website).

1.2 You can access the YouthX website at youthxbynedbank.co.za Nedbank (we, our, us) operate and own all software and any other applications related to the YouthX website.

1.3 These terms and conditions bind every person that accesses or uses the website, including every person who registered on the website (the registered user, you or your).

1.4 YouthX enables you to unlock your potential by allowing you to explore specially acquired content about entrepreneurship and the employment market (such as accessing a jobs portal, uploading your CV to apply for a job). This option may require that we redirect you to third-party websites, in which case the provisions of clause 7 below will apply.

1.5 YouthX further enables you to take care of your money by giving you access to specially acquired content tailored to help make your money work for you and give you financial freedom.

2 Registering and Using the Website

2.1 To register as a user, you must give us a unique username and password, as well as certain information and personal details.

2.2 You agree that your username and password will:

2.2.1 be for your personal use only; and

2.2.2 not be revealed by you to any third party.

2.3 If you do not enter the correct username and password, you will be denied access for security purposes.

2.4 You will let us know immediately when you become aware that your username and password have been used without your authorization or knowledge.

2.5 You will take steps to prevent loss or harm caused through unauthorized use.

2.6 You must be 18 years or older or have the consent of your parent or guardian to access the website and to perform the functions assigned to you in line with these terms and conditions. We will not be liable for any loss or damage suffered, including fraud.

2.7 You agree that you will not tamper with or change any workings of the website using any device, software or any other instrument that could interfere with or damage the proper working of the website.

2.8 You agree not to use robots, spiders, automatic devices or any other manual processes to copy, distribute or change the website. We use standard search engine technology employed by internet search websites being used to direct internet users to this website.

2.9 You may not use the website to send out any material that is defamatory, offensive or unlawful, or that contains hate speech.

2.10 You need our written consent if you want to display, publish, copy, print, post or do anything (like ) on the website and its information.

3 Privacy Policy

3.1 Subject to applicable laws, regulations, and our Privacy Policy, you give us permission to process your personal information as we see fit for both your and our legitimate interest. This includes your race, biometrics, and alleged criminal behavior (if necessary).

3.2 You consent to our accessing your credit bureau data, obtaining your bank statements from your bank, sharing your information with third parties, sharing information about your application with third parties, collecting your personal information from third parties, sharing information about your application with the Southern African Fraud Prevention Services, and processing your personal information outside South Africa.

3.3 Processing includes doing affordability assessments, credit scorings and profile building that may help us offer you a product or service that will suit your needs. You may ask for a description of your personal information that we have on record and for the details of third parties who have, or having had, access to your personal information.

3.4 You may withdraw your consent by notifying us in writing.

3.5 You may ask that we correct or delete your information, object to us having had your information, or send a complaint to the Information Regulator.

4 Changes to the Terms and Conditions

4.1 We may, at our sole discretion and at any time, change these terms and conditions. It is your responsibility to check the terms and conditions and make sure that you agree with these changes.

4.2 If you are not satisfied with any changes, you must not place any more orders on the website.

4.3 Any changes to the terms and conditions will apply to your use of this website only after the changes have been implemented on the website.

4.4 If you use the website after we have updated the terms and conditions, we will assume that you have accepted the changes to the terms and conditions.

5 Electronic communications

When you visit the website or send us emails, you consent to receiving electronic communication from us or any of our divisions or partners, in line with our privacy policy as stated in clause 3 above.

6 Ownership and Copyright

6.1 The contents of the website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks that are displayed on or incorporated in this website (website content) are protected by law, including copyright and trademark law.

6.2 The website content is either:

6.2.1 our property; or

6.2.2 the property of our advisers or other sponsors, which means it is licensed to us; or

6.2.3 jointly owned by us and our advisers or sponsors.

6.3 You will not acquire any right, title or interest in or to the website or the website content.

6.4 Any use, distribution or reproduction of the website content is prohibited, unless expressly authorized in terms of the terms and conditions or otherwise provided for in law.

6.5 To get permission for the commercial use of any website content, email us at socialmedia@nedbank.co.za. If you do not receive a written response from us within 5 business days, the request will be deemed as having been declined.

7 Linking to Third-Party Websites

7.1 If any of the website content has been licensed to YouthX or belongs to any third party, your rights to use the content will be subject to separate terms and conditions set out by the third party. You agree to comply with these third-party terms and conditions.

7.2 The website may contain links or references to other websites, including those of advertisers (third-party websites), which we do not control.

7.3 You can find these terms and conditions on the websites of the respective third parties. If there are any differences between these terms and conditions and the specific terms and conditions of any product or service provider, those of the product or service provider will apply.

7.4 We are not responsible for the practices and privacy policies or cookies used by the third-party websites.

7.5 Though the website may provide links to third-party websites, we are not liable for any expense, claims, damage or loss resulting from your use of a third-party website or your reliance on any information you receive from them.

8 Limitation of Liability

8.1 We cannot be held liable for any inaccurate information published on the website, except where the liability arises from our wilful misconduct. Please report any possible malfunctions or errors to us at socialmedia@nedbank.co.za.

8.2 We will not be liable for any direct, indirect, incidental, special or consequential loss or damages that might arise from your use of, or reliance on, the website or website content; or your inability to use the website, and/or unlawful activity on the website, and/or any linked third-party website.

8.3 You indemnify us against any loss, claim or damage that you or any third party may suffer arising from your use of this website and/or any linked third-party website.

9 Availability and Termination

9.1 We will do our best to maintain the availability of the website, except during scheduled maintenance periods. We are entitled to discontinue providing the website or any part of it with or without notice to you.

9.2 We may terminate, suspend or modify this website with or without notice to you. You agree that we will not be liable to you if we choose to suspend, modify or terminate this website other than for processing any orders you made before that, to the extent possible.

9.3 If you do not comply with your obligations under these terms and conditions, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the website without any prejudice to any claims for damages or otherwise that we may have against you.

9.4 We are entitled, for purposes of preventing suspected fraud and/or where we suspect that you are abusing the website and/or have created multiple user profiles, to blacklist you on our database (including suspending or terminating your access to the website).

10 Governing Law and Jurisdiction

At our option any claim arising from this agreement may be recovered in any magistrate's court with jurisdiction, regardless of the amount of the claim, and you consent to the jurisdiction of that court.

11 Address for Notices

11.1 The physical or email address that you gave us in the application, or the most recent address given to us, is the address you choose as your domicilium citandi et executandi where we can deliver legal notices, orders and other documents to you.

11.2 Either party may change their physical or email address by notifying the other party via email. The email address to which you may send a change of address notification can be obtained from a branch or the Nedbank Contact Centre. The change of address will be effective on the 5th business day after receipt of the email.

11.3 A legal notice, order or other document will be regarded as having been properly served when it has been sent by email or delivered to that party or sent by registered mail to that party’s last known address. If you have not informed us of a change of your email or physical address, we will continue to use the last address we have on record for you, even if the information may be incorrect.

11.4 You may send any legal notices, orders, or other documents to our domicilium citandi et executandi as follows:
Group Legal Counsel
Nedbank Group Legal
Nedbank 135 Rivonia Campus, 135 Rivonia Road, Sandown, Sandton, 2196

11.5 Unless the contrary is proved, any legal notice, order or other document:

11.5.1 sent by email to the chosen email address will be considered as having been received on the date it was sent;

11.5.2 delivered by registered mail will be considered as having been received within 7 business days of the posting date; and

11.5.3 delivered by hand will be considered as having been received on the date of delivery, on condition that it was delivered to a responsible person during ordinary business hours.

11.6 If the date of delivery falls on a weekend or public holiday, the legal notice, order or other document will be considered as having been received on the next business day.

11.7 Any legal notice, order or other document received by a party will be adequate written notice or communication to that party, even though it may not have been sent to or delivered at that party's chosen address.

11.8 It is your responsibility to notify us of any changes to your address and contact details.

12 General

12.1 We may, at our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or your right to use the website or any of its contents, subject to our processing any orders that you have made already.

12.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of the terms and conditions to any third party.

12.3 If you or we do not enforce any right under the terms and conditions, it will not mean the party gives up that right.

12.4 If any of these terms or conditions are found to be invalid, the remaining terms and conditions will still apply.

12.5 No indulgence, extension of time, relaxation, or latitude that any party (first party) may show, grant or allow another party will mean the first party gives up any of its rights and the first party will not thereby be prejudiced or stopped from exercising any of its rights against the other party that may have arisen in the past or that might arise in the future.

12.6 The terms and conditions contain the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in this document.

13 Complaints Process and Alternative Dispute Resolution

13.1 If you have a dispute or complaint about your account, call us on 0860 444 000 or email us at clientfeedback@nedbank.co.za. You will need to give us a written statement setting out the dispute or complaint. We will investigate your dispute or complaint within a reasonable time, keep you informed during the investigation, and give you a final written response.

13.2 If your dispute or complaint remains unresolved or you are dissatisfied with the outcome, please email us at complaintappeals@nedbank.co.za.

13.3 You have the right to contact the National Financial Ombudsman and/or the Financial Sector Conduct Authority and/or the National Consumer Tribunal at any time using the details below:

14 Acknowledgement

14.1 You warrant that you have fully and truthfully answered all questions and responded to our requests for information about this agreement.

14.2 You confirm that you understand and appreciate the risks and costs inherent in this agreement, as well as your rights and obligations under this agreement.