Conditions of Access

(Last Updated: 21 January 2008)

These conditions of access ("agreement") govern your general use of our First National Bańk of South Africa website, which you can find on e-fnbkcoza.com ("the website"). This agreement forms an agreement between you and FirstRand Bańk Limited, an Authorised Financial Services Provider ("we", "our" or "us").

This website is made available to you by us conditional upon your acceptance, without modification, of the terms of this agreement. Your access to and use of this website constitutes your agreement to and acceptance of this agreement. If you do not agree with any provision contained in this agreement, please do not use this website.

We reserve the right, in our sole discretion, to amend (including without limitation, by the addition of new terms and conditions) this agreement at any time and from time to time without notice to you. Any such amendments shall come into effect immediately and automatically. You agree to review this agreement whenever you visit the website for any such amendments.

For your convenience, this website may contain links to other websites belonging to or operated by third parties ("third party websites"). By making the hyperlinks available we are not endorsing third party websites, their content, products or services they offer or the owners of these third party websites. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites. You agree that where you access third party websites, you do so entirely at your own risk.

The various products and services ("services") we offer on different parts of this website or through associated websites may have their own agreements called "service terms". In the event of conflict between this agreement and the service terms, the provisions of the service terms will prevail to the extent of such conflict.

You might have to apply to become a registered user of such services, the application may be accepted or rejected at our sole discretion.

Your acquisition of and/or use of services offered on this website may be subject to fees and charges described in this website (which fees and charges are incorporated into this agreement) based on the type of transactions you perform. You hereby authorise us to charge such fees and charges to you by way of your chosen Bańk account.

You can find details of these fees and charges as follows:

• Online: see FNB South Africa Limited Pricing Guide
• Contact us on +266 2224 1000
• Visit your nearest FNB South Africa Limited Branch

Any application submitted for products and services via this website does not constitute any guarantee that what is being applied for will be granted.

An auto-response to your application may not be construed as formal approval of your application. It is only once you are formally contacted by us that you may assume that you have been approved for the particular product or service for which you applied.

We provide various kinds of information and tools ("information") on the website about us, our products and services, First National Bańk of South Africa, its subsidiaries, the holding company, the economy and the financial markets including local and international business news, share prices and interest rates. This information is only meant to serve as a guideline and you should not place any reliance thereon without verifying the information.

As this information changes regularly, you accept that the information is only an estimate or projection and in some cases a snapshot of constantly changing information or values. For example, all share prices, interest rates, news, market information or data on the website are delayed unless otherwise stated.

We may rely on other parties to provide information to us via live information feeds, which we publish on the website. We have no control over this information and cannot warrant that it is accurate, appropriate or correct. In addition, live information feeds are delayed and you will need to select the "refresh" or similar page update function on your internet browser to ensure that the information you are viewing is the most current available on the website.

Unless expressly otherwise stated, none of the information on the website must be treated as:

• an offer. It is merely as an invitation to do business with us; or
• an official opinion or financial, legal, investment or professional advice of any kind. You must consult a professional advisor before you rely on any information that is published on or accessible via this website or on the results of any calculators provided on the website.

You agree that all the information is provided "as is" and that we will not be directly or indirectly liable for any damages that may arise if you rely on this information.

We are committed to keeping your personal or private information confidential and secure. Please read our Privacy Policy.

The content on this website, including all registered and unregistered trade marks, constitutes our intellectual property rights or intellectual property of third parties which are licensed to, used and/or held (whether or not currently) by us. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written permission and nothing contained on this website should be construed as granting any licence or right of use of any intellectual property.

This website is Copyright © 2008, FirstRand Bańk Limited. All rights reserved.

You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise ("linking") to this website or any other subsidiary pages without our prior written consent, which consent is at our sole discretion. You may apply to establish such a link by submitting your request to info@e-fnbkcoza.com. In the event that you have not heard from us within 5 (five) working days, please consider your request as having been rejected.

Use of the website means we do not interact face-to-face. Unless you notify us before we give effect to an instruction, you authorise us to rely on and perform all instructions that appear to originate from you (even if someone else is impersonating you).

Unless you have entered into a specific online service agreement with us (such as Ońline Bańking), you are not entitled to send instructions to us by email or via the website. Subject to the foregoing, your instructions to us sent via the website will be subject to the same turn-around times that apply to instructions received otherwise than through the website.

You will not hold us liable if you execute the same instruction more than once and neither instruction will be reversible.

An instruction, application form or message is deemed to be received by us only once we have confirmed we have received it, or responded thereto, whichever is the earlier. If we fail to confirm receipt of your instruction, application form or message, do not re-send it before contacting your personal banker, branch or the call centre. The initial instruction, application or message may still be processed and re-sending it may lead to a duplication of the transaction for which we will not be held liable.

You should only use the most up-to-date Internet browser to access the website and our online services, provided that where we specify hardware or software requirements on the website, only such specified hardware of software may be used. See our site settings requirements for more information. Your failure to do this may result in a security risk to you and/or cause some or all of the functionality of the website or online service not to operate properly or at all.

Software, if any, made available for download on or via the website may be governed by licence conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarising yourself with and agreeing such terms and conditions which will govern your relationship with such third party licensor. You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify us against any breach by you of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.

While we have taken care to ensure that the content on this website is accurate, this website and the services accessible on or via this website are provided "as is" and your use of and reliance on the information on this website and the online services is entirely at your own risk.

We do not represent or warrant that the website, any tools (such as calculators), software, advice, opinion, statement, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. You acknowledge that any reliance upon any such tools, software, advice, opinion, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this website.

To the fullest extent permissible by law, we expressly disclaim all (express and implied) warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While we take all reasonable precautions to prevent this, we do not warrant that the website or any software available for download via the website is free of viruses or destructive code.

We and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) shall not be liable for and you hereby indemnify us and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising out of your use of this website or the online services or the information contained on this website or your inability to use this website or the online services.

Without derogating from the generality of the above, we will not be liable for:

1. any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for reasons beyond our control;
2. 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 or negligence on our part;
3. 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, internet service providers, electricity suppliers, local authorities and certification authorities;
4. any event over which we have no direct control.

We subscribe to the Code of Bańking Practice (COBP) which will apply to our relationship with our customers who fall within the ambit of the Code.

If you wish to lodge a complaint, please notify us in writing of this by completing our Feedback form.

We will provide you with a reference number as soon as possible after we receive your feedback form.

We will respond to your complaint as soon as possible. If you do not hear from us within 5 (five) working days from sending your complaint we request that you contact us at +27-(021) 839-2603 to check whether your complaint has been received. Please quote your reference number when you contact us directly.

If we cannot resolve your complaint within a reasonable time and you have exhausted all available internal methods of dispute resolution, you are free to lodge a formal complaint at the Central Bańk of South Africa, provided that your complaint falls within the jurisdiction of the Central Bańk of South Africa.

Because different information applies to different products and services we cannot place all of this information in the same place. This information will be provided to you in different places throughout the website.

We may, without notice, modify, suspend or discontinue the website; impose limits or conditions on the right to certain online services, features or functions; or restrict your access to parts of, or all of the services on the website.

This website may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks. For the duration of such unavailability you must use our other available Bańking channels.

A certificate signed by us or the administrator responsible for the website or part of the website, will constitute prima facie proof of the operation or functionality of any online service or part thereof and the contents of any information displayed on the website on a given date; the date of publication and content of the current version and all previous versions of this agreement, our privacy and security policy or the relevant service terms which govern an online service.

You expressly give your consent for us to monitor your internet and email traffic on our website. You acknowledge that we monitor internet and email traffic on the website primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of this agreement and:

1. To maintain the integrity and security of our website and information technology systems
2. To investigate and detect any unauthorised use of our website and information technology systems
3. As an inherent part of and to secure the effective operation of our website and information technology systems

This agreement and our Privacy and Security Policies are governed and must be construed and interpreted in accordance with the laws of South Africa. You consent to the jurisdiction of the South Africa courts for any dispute which may arise out of or in connection with this agreement.

All legal notices relating to products must be delivered as provided for in the product agreements. Where such address is not specified, such notices must be sent to our Registered Office. We may send you legal notices to any of the addresses you have specified on any of your application/registration forms with us or at the address you actually work or live.

In using the website you represent and warrant that you are of full legal age, are emancipated or have your guardian's consent and assistance and have the required legal capacity to enter into and be bound by this agreement or any other product agreement regarding your use of the website.

Clause headings in this agreement are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

Where any dates or times need to be calculated in terms of this agreement, the international standard time: GMT plus two hours shall be used.

The 'cooling-off' rights do not apply to any financial services or transactions conducted by way of Internet Bańking.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of this agreement which we may show, grant or allow you or failure or delay by us to exercise any of our rights will operate as an estoppel against us or constitute a waiver of any such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.

If any of these terms, conditions or provisions are held to be illegal, invalid, unlawful or unenforceable, the term, condition or provision will be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and deleted from this agreement without invalidating the remaining terms, conditions and provisions of this agreement.