Introduction

Welcome to www.obssa.co.za and service owned and operated by OMBUDSMAN FOR BANKING SERVICES. (“OBS”, “we” or “us”). This page explains the terms by which the user (“you, your or yourself”) may use our website.

Acceptance of Terms

These terms and conditions become effective when you access the website and constitute a binding agreement between us and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this website.

This Website is a free service. By accessing or using the OBS website, applications or software you signify that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any provision contained in these Terms of Use, please do not use this website.  

Use of the Website

By accessing the website, you warrant and represent that your use of the website is for lawful purposes and that you are over 18 years of age and can legally conclude a binding agreement with us. You further warrant that you will not contravene any South African or International laws by using this website or any information provided to you by us through your use of the website.

Except as expressly authorised by these terms, you may not use, alter, copy, distribute, or transmit the content of this website.

Use of Information

The OBS conducts its business in accordance with South African legislation affecting its business. We value the privacy of your information and will protect your personal information in accordance with all relevant laws and regulations as set out in our Privacy Policy.

By accepting these terms and conditions, you expressly acknowledge, agree and consent to us and our suppliers using your confidential personal information (including but not limited to, names, addresses, identifying numbers, contact details and banking information) in order to provide you with a Service.

Amendment of Terms and Conditions

We reserve the right, in our sole discretion, to amend these terms and conditions at any time and without notice. Any such amendments will come into effect immediately and automatically. If we do this, we will post the amended terms and conditions on this page and indicate at the bottom of the page the date the terms and conditions were last revised. You agree to review these terms and conditions whenever you visit the website for any such amendments.

If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the website.

Content of Users

There are certain areas of the website that may allow registered Users to add questions, data, and other information (“User Content”). You are solely responsible for your User Content that you upload, display, or otherwise make available (hereinafter, “add”) on the Website. The OBS does not have, nor does it claim, any ownership rights in any User Content.  

You agree not to add any User Content that (a) contains any information or content that is not legally permitted; (b) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (c) contains any information or content that you know is not correct and accurate. You agree that any User Content that you add does not and will not violate any third-party rights of any kind.

Copyright and Intellectual Property Rights

For the purposes of these terms and conditions, “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.

Except for your User Content, the Website and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights and photographs (the “OBS Content”), and all Intellectual Property Rights related thereto, are the exclusive property of OBS.

Trademarks

Any trade names, logos and product names of any companies appearing on this website are trade names or trademarks of those respective companies

Disclaimer of Warranties and Liabilities

Use of this site, the content and the Services provided are at your own risk. OBS does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of the site or the content

OBS does not assume any responsibility for any errors, omissions or inaccuracies in the site or the content of the site

Neither the OBS nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of, or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website.

Without limiting the generality of the afore going, neither the OBS nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third-party service provider to render any service/s which are necessary to ensure the availability of the website.

You hereby indemnify the OBS and its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.

The content on the website is provided for informational purposes only and is not intended to provide financial advice to you and you should not rely upon the content to provide any such advice.

Indemnity

You agree to defend, indemnify and hold harmless the OBS, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. This defence and indemnification obligation will survive termination, modification or expiration of this Terms of Use and your use of the website.

External Links

External links may be provided for your convenience, but OBS makes no representations whatsoever about any other website or their content. Use or reliance on any external links provided is at your own risk. 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.

Governing Law

This Agreement and all matters or disputes arising from or incidental hereto shall be governed and construed in accordance with the laws of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Consumer Protection

Information Required Pursuant to section 43(1) of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) is as follows:

Full name and legal status: OMBUDSMAN FOR BANKING SERVICES
Registration number: 2000/002577/08
Physical address: 34 & 36 Fricker Road, Ground floor, 34 Fricker Road, Illovo Boulevard, Illovo
Telephone number: 011 712 1800
Website address: www.obssa.co.za   
Email address: info@obssa.co.za