First Capital Bank Internet Banking Terms And Conditions
THE CUSTOMER MUST READ THESE TERMS
AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. BY REGISTERING TO USE THE
SERVICES THE CUSTOMER SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY THESE
TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME.
These Terms and Conditions explain the rights and obligations of the customer
and the Bank with regards to Internet Banking facility offered by First Capital Bank
Limited. These terms and conditions take precedence over any previous terms
and conditions that have been issued to our customers.
These Terms will be displayed during Registration for the Services, and
during the time of the Customer's first Login. The Terms will not be
displayed again on subsequent visits to the site unless First Capital Bank Limited
changes them, at which time they will be displayed for the Customer review
and acceptance. These Terms will however be available for viewing, by way on
a hyperlink on the Logon page of First Capital Bank Limited Internet Banking.
this document the following words and phrases shall have the meanings as set
below unless the context indicates otherwise.
Form' - means the registration form provided to the Customer by
First Capital Bank for the purpose of applying for access to the internet
- 'Bank' means
First Capital Bank Limited Botswana ,an incorporated company carrying its
business as a registered commercial bank in Botswana, its affiliates,
shareholders, employees or consultants (hereinafter referred to as "First Capital
refers to the registered user named in the account opening Application
Form and shall, where the context requires, include any authorized
representative of the Customer.
- 'eStatement' - means
an electronic version of account transaction history accessed through
First Capital Bank Internet Banking service..
refers to any person, other than First Capital Bank Limited, who supplies the
Information and includes any person who supplies any Information to an
- 'Information' - refers to
any financial, market or other Information and data supplied by the Bank
or any Information Provider and made available to the Customer through
the First Capital Bank Internet Banking service.
- 'Instruction' means
any request or Instruction that is received from the Customer by First Capital
Bank Limited through Internet Banking Service.
Banking Services' - refers to a service offered by First Capital
Bank Limited through which a registered Customer may conduct enquiries
or perform transactions on its website
Site' or 'Banks
website' refers to any Internet site established, operated
and/or maintained by First Capital Bank or on behalf of the bank to facilitate
the provision of the Services to the Customer.
- 'Password' - means
any confidential word, phrase, code or number adopted by the Customer
for accessing the Services or executing Instructions through the
- 'Reports' refers
to updates compiled from the Information in any form, medium or means.
refers to identity validation questions which a Customer may have to
answer after registering for Internet Banking service.
- 'Terms' means
these terms and conditions, which could be modified from time to time in
accordance with inclusion of any supplementary terms for the provision
of the Internet Banking Services.
Party Product' refers to any product and/or service of third
party which is offered by or through the intermediary of First Capital Bank.
Party Transfers' refers to transfer of funds by the Customer
to third party accounts which are not owned by the Customer initiating
the funds transfer.
to a maximum amount assigned under the Internet Banking Services for
making payments or initiating transfers.
The unique identifier for each customer, that is used to log into the
Internet Banking facility
- First Capital
Bank shall provide, subject to these Terms and Conditions, Internet
Banking Services and facility from time to time through any Internet
Site established, operated and/or maintained by or on behalf of First Capital
Bank and enable Customers to give Instructions to and communicate with
it for the purposes of conducting transactions and obtaining services,
products, Information, benefits and privileges from First Capital Bank and/or
members of the FMB Group.
part of the Internet Banking Services, First Capital Bank Limited may make
available via any Internet Site financial, market or other Information
and data supplied by any person and may provide Reports compiled from
Information in any form, medium or means.
- First Capital
Bank Limited has the right to determine and vary from time to time the
scope and type of the Internet Banking Services to be made available
including, without limitation : -
modifying or reducing the Internet Banking Services at any given point
of time However, a prospective notice of 30 days may be given to the
Customer in case of any impact and/or modification to his First Capital Bank
Internet Banking account and related services.
and varying any restrictions on the use of the Internet Banking
Services such as minimum and maximum daily limits with respect to the
value of any transaction or dealing or any type of transactions or
dealings which the Customer may conduct by using the Internet Banking
and changing the normal service hours during which the Internet Banking
Services are available and any daily cut-off time for any type of
Internet Banking Services or transactions. In case of any scheduled
maintenance/downtime, the Customer may be informed 5 days prior to the
same on the First Capital Bank Internet Banking homepage except in the event
of any preventive maintenance that First Capital Bank Limited needs to
conduct to ensure timely and secure services, where no notice may be
issued. Any Instruction of the Customer received by First Capital Bank after
any applicable daily cut-off time shall be deemed to be received on the
next business day. First Capital Bank may specify business day and daily
cut-off time by reference to the time of various markets operating in
or re-setting a transfer limit (whether designated by the Customer or
the Bank) to a lower value or down to zero if the Customer has not
utilized the relevant Service(s) for a period of time that First Capital Bank
may designate from time to time or otherwise as part of its internal
risk control program.
- First Capital
Bank may require the Customer to nominate or register specific
account(s) for the purposes of the Services.
3. Governing Terms and
Services provide an additional means for the Customer to operate accounts,
conduct transactions and dealings and obtain services, products, Information,
benefits and privileges from First Capital Bank Limited and/or other members of the
FMB Group as shall be made available from time to time. Transactions and
dealings affected by using the Services are subject to these Terms and
Conditions and other related terms issued by First Capital Bank Limited including
its Internet site where the Services are provided. All other terms and
conditions governing the relevant accounts, transactions, dealings, services,
products, Information, benefits or privileges shall continue to apply but
where there is any discrepancy, these Terms and Conditions shall prevail for
the purposes of the Services.
Use of the Services
access the Services for the first time, the Customer is required to
register online or in such other manner as First Capital Bank may from time to
time specify and indicate his acceptance of all the terms and conditions
governing the use of the services and to provide such Information as
First Capital Bank may reasonably specify for identifying him/her.
registering to use the Services, the Customer warrants that all
Information provided by the Customer to First Capital Bank in relation to the
Services is true, complete and up-to-date. First Capital Bank shall not be
required to independently verify the same.
Services are for the sole and exclusive use by the Customer.
Customer shall not use or knowingly allow any other person to use the
Services, the Information and/or the Reports for or in connection with
any illegal purpose or activity. The Customer shall notify First Capital Bank
as soon as possible if he/she becomes aware of such use.
exchange rate, interest rate, dealing rate and other prices and
Information quoted by the Bank on the Internet site(s) or otherwise in
response to an online inquiry is for reference only and is not binding.
Any rate, price and Information offered by First Capital Bank Limited for the
purpose of the relevant transaction shall be binding on the Customer
upon the Customer confirming his acceptance irrespective of any
different rate, price or Information quoted by First Capital Bank Limited.
Username, Password and Security
a. The Customer shall
follow the guidance provided by First Capital Bank Limited during registration
online in designating the user identification code, the Password,
and setting up the Security Questions for identifying
the Customer for the purposes of the Services.
b. The Customer may
change the Password and the Security Questions at
any time by using the Online Reset option available on First Capital Bank Internet
Banking and /or by speaking with the First Capital Bank Limited's branch. Further,
if the Customer fails to verify credentials wherever required for any such
change, the required change will not be accepted by the Bank.
c. The Customer shall
act in good faith, exercise reasonable care and diligence in keeping the
Username, the Password and the Security Questions in
secrecy. At no time and under no circumstances shall the Customer disclose
the Username, the Password and the Security Questions
and related details to any other person.
d. The Customer shall
be fully responsible for any accidental or unauthorized disclosure of the
Username, the Password and the Security Questions to
any other person and shall bear the risks of the Username, the Password and
the Security Questions, being used by unauthorized
persons or for unauthorized purposes.
e. Upon notice or
suspicion of the Username, the Password and the
Security Questions being disclosed to any unauthorized person or any
unauthorized use of the Services being made, the Customer shall notify
First Capital Bank in person as soon as possible or by telephone at such telephone
number(s) as First Capital Bank may from time to time prescribe (and it may ask the
Customer to confirm in writing any details given) and, until First Capital Bank
Limited's actual receipt of such notification, the Customer shall remain
responsible for any and all use of the Services by unauthorized persons or
for unauthorized purposes.
Customer is required to quote any one or more of the Username, the
Password and the Security Questions, and any
other identifiers as shall be prescribed by First Capital Bank Limited from
time to time in order to logon to the Services and give Instructions to
First Capital Bank Limited online. Instructions in connection with the
Services shall not be considered to be received by First Capital Bank Limited
unless they are given in such manner as it may prescribe from time to
time and until it has actually received them.
Instruction given in connection with the Services by quoting the
Username, the Password and the Security Questions,
and such other identifiers of the Customer as prescribed by First Capital
Bank, once given, may not be rescinded or withdrawn without the consent
of First Capital Bank or the relevant member of FMBCapital Holdings. All such
Instructions given, including the set up of pre designated or non
designated third party payment limits through an online request, as
understood and acted on by First Capital Bank Limited or the relevant member
of the FMB Group in good faith, shall be irrevocable and binding on the
Customer whether given by the Customer or by any other person purporting
to be the Customer. First Capital Bank Limited and the relevant member of the
FMB Group shall be under no duty to verify the identity or authority of
the person giving any such Instruction or the authenticity of such
Instruction apart from verifying the Username, the Password and
the Security Questions, and such other identifiers
(if any) of the Customer.
- First Capital
Bank Limited will only act on an Instruction so far as it is in its
opinion practicable and reasonable to do so and in accordance with its
regular business practices and procedures.
or confirmation that an Instruction has been received and/or a
transaction has been effected through the Services may be provided by
First Capital Bank Limited online. Such advice or confirmation shall be deemed
to have been received by the Customer immediately after transmission and
it is the duty of the Customer to check such advice or confirmation. It
is also the duty of the Customer to enquire with First Capital Bank Limited if
the Customer does not receive an advice or confirmation within the time
usually required for a similar advice or confirmation to be received.
relating to any account or transaction made available on the First Capital
Bank Internet Banking is for reference only. First Capital Bank's records of
such account and transaction shall be conclusive unless and until the
contrary is established.
First Capital Bank Limited knows of or suspects a breach of security or other
suspicious circumstances in respect of or in connection with the
operation of one or more of the accounts of the Customer or the Services
generally, it may, in its absolute discretion and without any liability,
refuse to act on or delay acting on the Instruction and in that event,
First Capital Bank may, to the extent possible, inform the Customer as soon as
Bank Limited reserves the right to charge fees in relation to the use and/or
termination of the Services and to revise such fees. First Capital Bank Limited may
determine and may give reasonable notice to the Customer of the rate of any
fee from time to time before they become effective, which shall be binding on
the Customer if the Customer continues to maintain or use the Services on or
after the effective date. Fees may be collected from the Customer in such
manner and at such intervals as First Capital Bank Limited may specify.
Undertakings and Responsibilities
Customer shall provide such Information as First Capital Bank may from time to
time reasonably request for the purposes of providing the Services. The
Customer shall also ensure that all Information provided to First Capital Bank
is at all times is accurate, complete and up-to-date including, without
limitation, the Customer's address and other contact details.
- First Capital
Bank will take reasonable care to ensure that Information about the
Customer which is stored or transmitted using the Services remains
confidential and is not disclosed to any third parties outside the Bank
without the Customer's written permission. However, the Customer
authorises First Capital Bank to disclose or share Information relating to him
or his accounts(as the case maybe):
any agent, contractor or Third P arty service provider who provides
services to First Capital Bank in connection with the operation of its
respect of the Customer's application for Third Party Product (if and
when made available, apply for any Third Party Product by submitting
the relevant application through the intermediary of First Capital Bank), to
the relevant Third Party provider to the extent necessary for the
purpose thereof; and
First Capital Bank is obliged to comply with the orders of courts, government
agencies or other lawful authorities anywhere in the world or where it
reasonably thinks it necessary in order to give effect to any
Instruction or generally to enable First Capital Bank to provide the
services. The Customer and First Capital Bank shall comply with all
applicable data protection laws.
Customer confirms that all persons whose personal or other data is
transmitted, processed or otherwise handled, have consented to such
transmission, processing or other handling under these Terms in
accordance with these laws, or will do so prior to any such
transmission, processing or other handling. The Customer further agrees
to indemnify and hold First Capital Bank harmless from all costs, penalties,
damages and other losses incurred as the result of any breach of this
Customer shall not attempt to decompile, reverse-engineer, translate,
convert, adapt, alter, modify, enhance, add to, delete or in any way
tamper with, or gain access to, any part of the Services or any Internet
site or any software comprised in them.
Customer acknowledges that it is the responsibility of the Customer to
determine independently market prices and rates for trading purposes
through his usual trading channels, to verify any Information and/or
Report before relying or acting on it and to seek independent
professional advice on legal, tax and other issues in connection with
the use of the Services, the Information and the Reports, these Terms
and any transactions and dealings which may affect the Customer under
all applicable laws.
Services or any marketing/promotional messages displayed as part of the
Services should not be regarded as an offer or solicitation to sell
investments or make deposits or solicitation to subscribe to any other
product or service, to any person residing in a jurisdiction outside
Botswana, where it is unlawful to make such an invitation or
Customer acknowledges that it is the responsibility of the Customer to
ensure that the use of the Services is in accordance with extant laws,
rules and regulations (whether pertaining to Botswana or any other
country) as applicable to the Customer. The Customer shall indemnify and
hold First Capital Bank harmless from and against any/all consequences arising
from the Customer not complying with the provisions of any applicable
laws, rules or regulations.
Customer undertakes not to use the Services to effect payment(s) for any
illegal purchases i.e. purchases of items/services not permitted as per
extant laws, rules and regulations.
Information and Information Providers
Customer acknowledges and agrees that the Information, the Reports and
their form, format, mode or method of compilation, selection,
configuration, presentation and expression (collectively 'Confidential
Information') are trade secrets and confidential and proprietary
property of First Capital Bank and the respective Information Providers.
expressly permitted by these Terms, the Customer shall not attempt to :
transfer, disclose, assign, convey, sub-license, share, loan,
distribute, transmit, broadcast, cablecast, put in circulation,
download, reproduce, duplicate or otherwise provide or disseminate any
confidential Information in any form or by any means to any other
person or commercially exploit any Confidential Information;
obliterate, erase, relocate or modify in any way any proprietary
marking on or appearing with the Confidential Information including,
without limitation, any trademark or copyright notice; or
or combine the Confidential Information with any other programs.
restrictions on disclosure shall not apply to any Confidential
Information : -
its disclosure is compelled by law but only to the extent required by
law and only after written notice of the requirement to disclose has
been given by the Customer to First Capital Bank ; or
First Capital Bank has expressly agreed in writing to its disclosure.
Customer agrees that all right, title and interest in and relating to
the Confidential Information and any and all related copyright, patent,
trademark, service mark, proprietary property, trade secrets and exclusive
works are and shall remain the exclusive property of First Capital Bank and
the respective Information Providers. No right, title or interest other
than the right to access the Information and the Reports subject to
these Terms and Condition is conveyed or transferred to the Customer.
The Customer shall not make any representation or do any act which may
be taken to indicate that the Customer has any such right, title or
Information Provider may impose from time to time terms and conditions
in relation to the availability of any Information supplied by it.
Access to such Information by the Customer on or after the effective
date, subject to prior notification, of such terms and conditions shall
constitute the Customer's acceptance thereof.
Information and the Reports are made available for reference only and
are not intended for trading or other purposes. Neither First Capital Bank nor
any Information Provider shall be considered an investment advisor to
First Capital Bank nor any Information Provider warrants, represents or
guarantees the sequence, accuracy, truth, reliability, adequacy,
timeliness or completeness of any of the Information or the Reports or
whether it is fit for any purpose. Nor does either of them assume any
liability (whether in tort or contract or otherwise) for any reliance on
the Information or the Reports by the Customer or any other person.
Information will be made available as it is supplied and identifying the
Information Provider directly supplying it to First Capital Bank. The Bank
neither endorses nor expresses any comment on any Information supplied
by any Information Provider nor assumes any duty to check or verify any
warranty, representation or guarantee of any kind relating to the
Information and/or the Reports is given or may be implied and no
employee or agent of First Capital Bank or any Information Provider is authorized
to give any such warranty, representation or guarantee.
Liabilities of First Capital Bank Limited
- First Capital
Bank will take reasonably practicable steps to ensure that its systems
in connection with the services are installed with adequate security
designs and to control and manage the risks in operating the systems,
taking into account any law, rules, regulations, guidelines, circulars,
codes of conduct and prevailing market practices which may be applicable
to it from time to time.
- First Capital
Bank does not warrant that the services, the Information and the Reports
are free from virus or other destructive features which may adversely
affect the Customer's hardware, software or equipment.
- First Capital
Bank may suspend any service provided to the Customer under the Services
without notice where it considers it necessary or advisable to do so,
for example to protect the Customer when there is a suspected breach of
security or needs to suspend the Services for maintenance or other
reasons. Due to the nature of the Services, the Bank does not warrant
that access to the services shall be uninterrupted, timely, or error
free. Although the Bank will use reasonable efforts to inform the
Customer without undue delay through the services, and/or its Website if
any of the Services is not available.
- Although we have taken reasonable care to prevent harm
or loss to you, we are not liable for any harm or loss whatsoever
arising as a result of your use of Internet Banking unless such loss or
damage arises from our gross negligence or intentional. Without
derogating from the generality of the foregoing, we are not liable for: -
of the Services (including, without limitation, the use of the security
Device) and/or access to any Information as a result of such use by the
Customer or any other person whether or not authorized;
interruption, interception, suspension, delay, loss, unavailability,
mutilation or other failure in providing the Services (including,
without limitation, any interruption, interception, suspension, delay
or failure to generate the Security Code using the security Device), in
transmitting Instructions or Information relating to the Services or in
connecting with the Internet site(s) caused by any acts, omissions or
circumstances beyond the reasonable control of First Capital Bank including,
without limitation, failure of any communication network, act or
omission of any third party service providers, mechanical failure,
power failure, malfunction, breakdown, or inadequacy of equipment,
installation or facilities, or any law, rules, regulations, codes,
directions, regulatory guidelines or government order (whether or not
having the force of law); and
and/or storage of any Information and/or data relating to the Customer,
the Services and/or transactions or dealings conducted by the Customer
pursuant to the Services through or in any system, equipment or
instrument of any communication network provider.
no event shall First Capital Bank be liable to the Customer or any other
person for any incidental, indirect, special, consequential or exemplary
damages including, without limitation, any loss of use, revenue, profits
Liabilities of the Customer
Clause 10(b) applies, the Customer shall be fully liable and responsible
for all consequences arising from or in connection with use of the
Services and/or access to any Information or Report or any other Information
as a result of such use by the Customer or any other person whether or
Customer shall indemnify First Capital Bank, any Information Provider and
their respective officers and employees against all liabilities, claims,
demand, losses, damages, costs, charges and expenses of any kind
(including, without limitation, legal fees on a full indemnity basis)
which may be incurred by any of them and all actions or proceedings
which may be brought by or against any of them in connection with the
provision of the Services, the Information and/or the Reports or the
exercise or preservation of First Capital Bank powers and rights under these
Terms and Conditions, unless due to the gross negligence or willful
default of the Bank,any Information Provider or their respective
officers or employees.
Further, the Customer agrees, at his/her own expense, to indemnify,
defend and hold harmless First Capital Bank, its directors and employees,
representatives, agents, and its Affiliates against any claim, suit,
action or other proceeding brought against First Capital Bank, its directors
and employees, representatives, agents, and Affiliates by a Third
Party, to the extent that such claim, suit, action of other proceeding
brought against First Capital Bank , its directors and employees,
representatives, agents, and Affiliates is based on or arises in
connection with the Customer of Internet Banking with reference to:
violation of the Terms contained herein by the Customer;
deletions, additions, insertions or alterations to, or any unauthorized
use of, Internet Banking by the Customer;
misrepresentation or breach of representation or warranty made by the
Customer contained herein; or
breach of any covenant or obligation to be performed by the Customer
agrees to pay any and all costs, damages and expenses, including, but not
limited to, reasonable attorneys' fees and costs awarded against it or
otherwise incurred by or in connection with or arising from any such claim,
suit, action or proceeding attributable to any such claim.
liabilities of First Capital Bank are limited to the provisions in its compensation
Variation and Termination
- First Capital
Bank Limited may, at any time, without giving notice or reasons suspend
or terminate all or any of the services or their use by the Customer;
however a prospective notice of 30 days will be given to the Customer in
case of any impact and/or modification to his First Capital Bank Internet
Banking account and related services.
Customer may terminate the use of the Services at any time by giving to
First Capital Bank Limited prior written notice of the same.
- First Capital Bank reserves the right to deactivate and delete your user profile should it remain inactive for a period in excess of 6 months.
provisions of these Terms and Conditions which in order to give effect
to their meaning need to survive the suspension or termination of the
Services and/or the use of the Services by the Customer shall remain in
full force and effect after suspension or termination including, without
limitation, Clauses 4(b), 5, 7, 8,10 and 11. Notwithstanding such
suspension or termination, the Customer shall continue to be bound by
these Terms and Conditions to the extent that they relate to any
obligations or liabilities of the Customer which remain to be performed
First Capital Bank may revise these Terms and/or introduce additional terms and conditions
at any time and from time to time. Any revision and/or addition to these
Terms will be made with prospective effect subject to First Capital Bank giving
reasonable notice to the Customer which may be given by posting it on the
Internet site(s) or by display, advertisement or other means as First Capital Bank
thinks fit, and shall be binding on the Customer if the Customer continues to
maintain or use the Services on or after the effective date of variation
- First Capital
Bank Limited shall be entitled to prescribe, from time to time, the form
of notice (whether written or any other form) and the mode of
communication with respect to each type of notice to be given pursuant
to these Terms and Conditions. First Capital Bank Limited may also publish notices
of general nature, which are applicable to all Customers, on its web
site located at www.firstcapitalbank.co.bw such notices will have the same
effect as a notice served individually to each Customer.
delivered personally, sent by post, facsimile transmission or email
shall be deemed to have been received by the Customer (where delivered
personally) at the time of personal delivery or on leaving it at the
address last notified in writing by the Customer to First Capital Bank ,
(where sent by post) 48 hours after posting if such address is in
Botswana and seven days after posting if such address is outside
Botswana or (where sent by facsimile transmission, telex or email)
immediately after transmitting to the facsimile number or email address
last notified in writing by the Customer to First Capital Bank Limited .
Communications sent by the Customer to the Bank shall be treated as
delivered to the Bank on the day of actual receipt.
Each of the provisions of these Terms is severable and distinct from the
others and, if at any time one or more of such provisions is or becomes
illegal, invalid or unenforceable in any respect under the laws of any
jurisdiction, the legality, validity or enforceability of the remaining
provisions shall not be affected in any way.
No act, delay or omission by First Capital Bank shall affect its rights, powers and
remedies under these Terms or any further or other exercise of such rights,
powers or remedies. The rights and remedies under these Terms are cumulative
and not exclusive of the rights and remedies provided by law.
First Capital Bank
Limited shall not be liable for delay in performing or failure to perform any
of its obligations under these Terms which is caused by circumstances beyond
its reasonable control, including, but not limited to, the failure,
malfunction or unavailability of telecommunications, data communications and
computer systems and services, war, civil unrest, government action, strikes,
lock-outs or other industrial action or trade disputes (whether involving the
Banks employees or those of a third party). Any delay or failure of this kind
will not be deemed to be a breach of the Terms and Conditions and the time for
performance of the affected obligation will be extended by a period which is
reasonable in the circumstances.
For the purpose of this document 'force majeure' shall be deemed to be any
cause affecting the performance of this Agreement arising from or attributable
to acts, events, omissions or accidents beyond the reasonable control of the
Participant to perform and without limiting the generality thereof shall
include the following:
lock-outs or other industrial action;
commotion, riot, invasion, war threat or preparation for war;
of war, rebellion, revolution, hostilities, riot, civil disturbance,
acts of terrorism;
quarantine restrictions, outbreak of debilitating disease and any travel
restrictions or bans (including bans on non-essential travel) issued by
the World Health Organisation or any governmental authority;
explosion, storm, flood, earthquake, subsidence, epidemic or other
natural physical disaster;
of the use of railways, shipping, aircraft, motor transport or other
means of public or private transport;
interference with the normal operations of any Participant; and
- any change in or introduction of any Laws and Legal
the Account in question is a joint Account, the reference in these Terms
to ' Customer' shall be deemed to mean all and each of the joint Account
holders. All the Customers shall be bound by these Terms and be jointly
and severally liable for all the transactions and dealings effected by
using the services.
the context otherwise requires, 'person' includes an individual, firm,
company, corporation and an unincorporated body of persons
Governing Law and Jurisdiction
Services and these Terms shall be governed by and construed in
accordance with the laws of Botswana.
- First Capital
Bank and the Customer submits to the exclusive jurisdiction of the
Courts in Botswana.
- First Capital
Bank may, however, in its absolute discretion, commence any legal action
or proceedings arising out of these terms in any other court, tribunal
or other appropriate forum, and the Customer hereby consents to that
jurisdiction. Any provision of these terms which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be
ineffective to the extent of prohibition or unenforceability but shall
not invalidate the remaining provisions of these terms or affect such
provision in any other jurisdiction.