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.


1. Terms of use for First Capital Bank Limited Internet Banking

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.

Definitions: In this document the following words and phrases shall have the meanings as set below unless the context indicates otherwise.

  • 'Application Form' - means the registration form provided to the Customer by First Capital Bank for the purpose of applying for access to the internet banking services.
  • '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 Bank")
  • 'Customer' 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..
  • 'Information Provider' - 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 Provider.
  • '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.
  • 'Internet 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
  • 'Internet 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 Services.
  • 'Reports' refers to updates compiled from the Information in any form, medium or means.
  • 'Security Question' - 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.
  • 'Third Party Product' refers to any product and/or service of third party which is offered by or through the intermediary of First Capital Bank.
  • 'Third 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.
  • 'Transaction limit' refers to a maximum amount assigned under the Internet Banking Services for making payments or initiating transfers.
  • 'User Name- The unique identifier for each customer, that is used to log into the Internet Banking facility

 

2. Services

  1. 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.
  2. As 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.
  3. 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 : -
    1. Expanding, 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.
    2. imposing 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 Services;
    3. Prescribing 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 different time-zones.
    4. reducing 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.
  4. First Capital Bank may require the Customer to nominate or register specific account(s) for the purposes of the Services.

 

 

3. Governing Terms and Conditions
The 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 the Privacy Policy, Terms of Use and Legal disclaimer currently published on 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.

 

 

4. Use of the Services

  1. To 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.
  2. By 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.
  3. The Services are for the sole and exclusive use by the Customer.
  4. The 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.
  5. Any 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.

 

 

5. Username, Password and Security Questions

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.

 

 

6. Customer's Instructions

  1. The 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.
  2. Any 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.
  3. 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.
  4. Advice 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.
  5. Information 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.
  6. Where 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 possible.

 

 

7. Fees 
First Capital 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.

 

 

8. Customer's Undertakings and Responsibilities

  1. The 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.
  2. 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):
    1. to any agent, contractor or Third P arty service provider who provides services to First Capital Bank in connection with the operation of its business;
    2. in 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
    3. Where 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.
    4. The 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 provision.
  3. The 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.
  4. The 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.
  5. The 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 solicitation.
  6. The 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.
  7. The 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.

 

 

9. Information and Information Providers

  1. The 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.
  2. Unless expressly permitted by these Terms, the Customer shall not attempt to :
    1. sell, 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;
    2. remove, 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
    3. incorporate or combine the Confidential Information with any other programs.
  3. The restrictions on disclosure shall not apply to any Confidential Information : -
    1. Where 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
    2. Where First Capital Bank has expressly agreed in writing to its disclosure.
  4. The 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 interest.
  5. An 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.
  6. The 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 the Customer.
  7. Neither 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.
  8. The 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 Information.
  9. No 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.

 

 

10. Liabilities of First Capital Bank Limited

  1. 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.
  2. 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.
  3. 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.
  4. 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: -
    1. use 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;
    2. any 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
    3. transmission 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.
  5. In 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 or savings.

 

 

11. Liabilities of the Customer

  1. Unless 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 not authorized
  2. The 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:
    1. a violation of the Terms contained herein by the Customer;
    2. any deletions, additions, insertions or alterations to, or any unauthorized use of, Internet Banking by the Customer;
    3. any misrepresentation or breach of representation or warranty made by the Customer contained herein; or
    4. any breach of any covenant or obligation to be performed by the Customer hereunder.

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.

The liabilities of First Capital Bank are limited to the provisions in its compensation policy

 

 

12. Variation and Termination

  1. 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.
  2. The Customer may terminate the use of the Services at any time by giving to First Capital Bank Limited prior written notice of the same.
  3. 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.
  4. All 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 or discharged.

 

 

13.Amendments
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

 

 

14. Communication

  1. 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.
  2. Communications 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.

 

 

15.Severability 
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.

 

 

16.Waiver 
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.

 

 

17. Force Majeure

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:

  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, war threat or preparation for war;
  3. outbreak of war, rebellion, revolution, hostilities, riot, civil disturbance, acts of terrorism;
  4. epidemic, 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;
  5. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster;
  6. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  7. political interference with the normal operations of any Participant; and
  8. any change in or introduction of any Laws and Legal Requirements.

 

 

18. Miscellaneous

  1. Where 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.
  2. Unless the context otherwise requires, 'person' includes an individual, firm, company, corporation and an unincorporated body of persons

 

 

19. Governing Law and Jurisdiction

  1. The Services and these Terms shall be governed by and construed in accordance with the laws of Botswana.
  2. First Capital Bank and the Customer submits to the exclusive jurisdiction of the Courts in Botswana.
  3. 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.