TERMS OF USE
(Date these Terms of Use were last changed: 15 February 2013)

Welcome to the FNB Blog, which includes but is not limited to:

a. posts on this website;
b. posts sent to our e-mail address(es) provided on this website;
c. posts on other social media webpages which are associated with this Blog; and
d. any written, visual and/or audio materials which are displayed on this Blog or referred to on this Blog or associated social media webpages and displayed on other websites e.g. the FNBTV webpages on YouTube’s website.

(hereinafter jointly referred to as the ‘Blog’).

IMPORTANT: The views expressed on this Blog are, unless otherwise stated, those of the Author or the person(s) who are profiled in the relevant written, visual and/or audio materials and not necessarily those of FNB, its management or employees.

a. All content provided on this Blog is for informational purposes only.
b. FNB does not provide on the Blog any financial advice or intermediary services as defined in terms of the Financial Advisory and Intermediary Services Act.
c. Your use of this Blog creates no banking relationship between you and FNB.
d. FNB makes no representations as to the accuracy or completeness of any information on this Blog or found by following any link on the Blog.
e. Authors are responsible for the accuracy of what they say in their posts.
f. We cannot check facts, though we may ask Authors to substantiate what they say, for example by giving a reference.
g. We also do not check references; this is also the responsibility of the Authors.

1. Agreement: By accessing, displaying, browsing, posting, downloading, copying, distributing and/or using any part of the website , you (‘Author(s)’/’you’/’your’) agree to become bound by all the terms and conditions of this agreement set out above and below and our Privacy Policy (jointly referred to as our ‘Terms of Use’).
a. The Terms of Use contains amongst others disclaimer, indemnity and limitation of liability provisions. Accordingly, please read these Terms of Use carefully and in their entirety, before accessing or using the Blog.
b. If you do not wish to be bound by any part of these Terms of Use, then you may not access, display, browse, post, use, download or otherwise copy or distribute content obtained on the Blog.

2. Minors: Authors who are under the age of 18 years of age are required to get permission of their parent(s) or guardian(s), prior to starting to use the Blog, to agree to these Terms of Use.
a. Minors are further urged not to reveal any personal details, including where they live, where they attend school, how old they are, or what their telephone number is.

3. Changes: Please note that First National Bank, a division of FirstRand Bank Limited (‘FNB’/’we’/’us’) reserves the right to amend these Terms of Use, without notice at any time, so please ensure you review them regularly.’
a. For convenience only, the date on which these rules were last amended will be shown below the heading. It is your responsibility to check the rules for amendments.
b. Your continued use of or access to the Blog following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

4. Licence: With respect to your posts, you grant FNB a non-exclusive, perpetual (i.e. everlasting), world-wide, royalty free, irrevocable (i.e. irreversible), fully sub-licensable and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such posts throughout the world in any media.
a. For the avoidance of doubt, the word ‘post’ includes, but isn’t limited to writing, sending an e-mail, uploading or otherwise publishing or submitting any written, visual or audio material such as text, an image file, a photo, a sound or video clip to the Blog.

5. Website access: It is not necessary to register with us in order to view this website.
a. We reserve the right to restrict access to areas on the website or indeed our entire website, at our discretion.
b. In order to post your comments on the website, you must first sign in by following the prescribed steps on the website.
c. You must notify us in writing immediately if you become aware of any unauthorised posts which reflect under your profile on the Blog.

6. Overall posting guideline: The Blog is open to the public and for free. Therefore, consider your comments carefully and do not include anything in a post that you:
a. would like to keep private; and
b. would otherwise not have or should not have said in ‘face to face’ public communication.

7. Do’s: The content of the Blog is for private, non-commercial use by you.
a. This Blog may only be used for the purpose of discussing matters related to or arising out of the Blog’s applicable discussion thread.
b. You may view, download for caching purposes only, and print pages from the website for only your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

8. Don’ts: You agree not to use the Blog to:
a. post any other content that is unlawful, condone or encourages unlawful activity, harmful, threatening, offensive, abusive, harassing, defamatory, profane, vulgar, sexually explicit, pornographic, obscene, invasive of another person’s privacy, fraudulent, incomprehensible, insubstantial, circuitous, almost entirely a quote from somewhere else, gratuitously rude, discriminatory, hate speech or racially, ethnically or otherwise objectionable;
b. impersonate, or otherwise misrepresent your identity or affiliation with any other person, entity, group or race;
c. post any content that infringes any patent, trade mark, trade secret, copyright, personality rights, confidential information or other proprietary rights of any person or entity;
d. post any unsolicited or unauthorised post, hyperlink or comment for any commercial purposes or to gain any commercial advantage; and
e. post or otherwise transmit any material containing malicious software or spam.

9. Links to and from other websites / Use Blog at own risk:
a. The information made available on this Blog is provided on an ‘AS IS’ basis without warranties of any kind, either express or implied.
b. FNB may provide, or third parties may provide, links to other Internet sites or resources for purposes of your convenience only and to provide additional general information.
i. Because FNB has no control over such sites and resources, you acknowledge and agree that FNB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or such sites privacy practices.
ii. You further acknowledge and agree that FNB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
iii. You must take all necessary measures to protect yourself from such risks.
iv. The relevant sites’ will have their own terms and conditions which you will be required to comply with.
c. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
d. FNB is also not responsible to you if your posts or comments are not submitted in time or at all, because the site or any communication system necessary to use the Blog didn’t operate properly or at all.
e. In other words, you use this Blog and the contents contained thereon entirely at your own discretion and risk, for which we will not be liable.

10. Copyright: FNB is the proprietor of the copyright that subsists in all content on the Blog created by our employees, agents and service providers.
a. You may not publish, modify or adapt this content in any medium or format without the prior written consent from FNB.

11. Trade mark: Your use of the Blog grants you no right or license to reproduce or otherwise use any of FNB’s or third parties’ trademarks.

12. Report Abuses: FNB invites you to notify us of any posts on the Blog that does not, in your opinion, comply with the Terms of Use.
a. Please notify us of such non-compliant posts by using the ‘Share your stories’ tab located at the top right corner of this website.
b. FNB undertakes to address any complaints promptly and without bias or prejudice.

13. Privacy, access to and use of information: FNB receives various types of information (‘Information’) from Authors who access the Blog, including personal information as defined in section 1 of the Electronic Communications and Transactions Act (‘Personal Information’).
a. FNB may electronically collect, store and use Personal Information, including the Authors’ name, contact details, surfing patterns, email, IP address for purposes relating to the Blog.
b. FNB voluntarily subscribes to section 51 of the Electronic Communications and Transactions Act and endeavours to treat Personal Information received by FNB accordingly.
c. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet communication is vulnerable to interception and forging.
d. Accordingly, FNB will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to FNB through the Blog or for any errors or any changes made to any transmitted Information.
e. To ensure acquaintance with and awareness of the privacy measures and policies of FNB, you are urged to take care to read and understand FNB’s underlying Privacy Policy, which you can find on FNB’s official website found at URL www.fnb.co.za.
f. FNB reserves the right to contact an Author should FNB, in its sole discretion, intends to further document, whether on this Blog, radio, television or in whatever other format, the Author’s or profiled person’s ‘youcanhelp’ contribution.
i. Please note: Notwistanding the above, FNB will never publish the Author or profiled person’s ‘youcanhelp’ contribution without such person’s express consent.

14. Privacy – casual surfing: You may visit the Blog without providing any Personal Information.
a. You accordingly grant express permission for the Blog servers in such instances to collect the IP address of your computer, but not the email address or any other distinguishing information.
b. This information is aggregated (added up) to measure the number of visits, average time spent at the Blog, pages viewed, etc.
c. FNB uses this information to determine use of the Blog and to improve content.
d. FNB assumes no obligation to protect this Information, and may copy, distribute or otherwise use the Information.

15. Privacy surveys: When FNB conducts a survey, FNB may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the Author, by a third party.

16. Privacy- interception: Subject to the Regulation of Interception of Communications Act (‘RIC’), Act 70 of 2002, the Author agrees that FNB may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Blog.
a. You agree that your aforesaid consent satisfy the requirements of the Electronic Communications and Transactions Act and RIC for consent in ‘writing’ as defined.

17. Access to information Manual: This Manual can be obtained at FNB’s official website found at URL www.fnb.co.za.

18. Editorial control and monitoring: You agree that FNB has the absolute discretion to decide if your actions constitute any of the actions prohibited above.
a. FNB reserves the right, but is under no obligation, to monitor this Blog for inappropriate postings and/or to undertake editorial control of postings or comments.
b. In other words, FNB may review and amend your post prior to it being published on the Blog and/or remove or amend any published posts or comments that we reasonably believe constitute any prohibited content without giving you notice of this beforehand.
c. In the event FNB decides to implement such editorial control, then some or all posts may be moderated by us before publication and such publication will be in our absolute discretion and without having to provide you with reasons for the non-publication of your post(s).
d. FNB shall not be liable to you for any amendment or deletion of your posts or for blocking your access to the Blog.
e. Once your post has been published, you will not have the right to remove or edit your post. Removal or editing of posts is at FNB’s absolute sole discretion.

19. Removal of posts or blocking access to Blog: In addition, violation of any of the Terms of Use may lead to the immediate removal of all your posts, irrespective of your individual posts’ compliance with these Terms of Use, without notice, warning or explanation to you.
a. Violation of these Terms of Use could also lead to you not being allowed to post any further content on the Blog
b. In addition, FNB will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person whose posts are in breach of these Terms of Use.

20. Termination: FNB may terminate your access to all or any part of the Blog at any time, with or without cause, with or without notice, effective immediately.
a. If you wish to terminate this agreement, you may simply discontinue using the Blog.
b. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

IMPORTANT: DISCLAIMER, INDEMNITY AND LIMITATION OF LIABILITY

21. Disclaimer: FNB makes no warranty that the Blog will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content through, the Blog at your own discretion and risk.

22. Indemnity: You agree to fully indemnify and hold harmless FNB against any liabilities, claims, costs (on an attorney-and-own-client scale), loss (including consequential loss) or damage incurred as a result of any material you post, or as a result of any breach by you of these Terms of Use.

23. Limitation of liability: You expressly acknowledge and agree that FNB shall not be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting out of or in connection with your use or the inability to use the Blog or any other matter, whether directly or indirectly relating to the Blog.

24. Miscellaneous provisions:
a. The clauses in these Terms of Use are severable. This means that if any clause in these Terms of Use is found to be unlawful, it will be removed and the remaining clauses will still apply.
b. Although FNB may allow you extra time to comply with your obligations or decide not to exercise some or all of our rights in terms hereof, FNB can still insist on the strict application of any or all of our rights at a later stage. You must not assume that this means that FNB’s agreement with you has been changed or that it no longer applies to you.
c. You must send all legal notices to FNB Legal, 3rd Floor, No 1 First Place, Bank City, corner Simmonds and Pritchard Streets, Johannesburg, 2001.
d. These Terms of Use are governed by the laws of the Republic of South Africa.
e. You consent to the non-exclusive jurisdiction of the South Gauteng High Court, Johannesburg in the event of any dispute.
f. These Terms of Use, together with our Privacy Policy, constitutes the entire agreement between FNB and you with regard to the use of the Blog.
g. Order of precedence: Unless expressly otherwise provided, in the event of conflict the provisions of these Terms of Use are to be read in the following order of precedence in relation to that conflict:
i. The above terms and conditions of this agreement, with the exclusion of the Privacy Policy;
ii. The Privacy Policy; and
iii. any other document incorporated by reference.
If a conflict occurs between any of these provisions then the document higher in the order of precedence will prevail, where possible, to resolve the conflict.

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