July 2022

1. BACKGROUND

First National Bank of Eswatini Limited (FNB) owns and operates the MarketSquare Website located at www.marketsquare.co.sz. This document sets out the Terms and Conditions of use of the Website (Terms of Use). These Terms and Conditions form an agreement between you and FNB regarding your use of this Website and all other written or oral agreements or understandings previously existing between you and FNB with respect to such use are hereby superseded and cancelled.

2. ACCESS AND USE

Before you use the Website, you must make sure that you read and understand these Terms of Use, Access to and use of this Website and the products and services available through this Website are subject to the following:

2.1. By using the services, you are agreeing that all the terms and conditions, as may be updated by FNB from time to time apply to you.

2.2. FBN reserves the right to modify or remove any portion of the Terms of Use and to withdraw or amend the services without notice.

2.3. FNB will not be liable if for any reason(s) this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website for maintenance purposes.

2.4. This Website contains links to other websites (the “Linked Sites”), which are not operated by FNB. These Linked Sites are only provided solely as a convenience to visitors of MarketSquare website and as FNB, we have no control over the Linked Sites, and accept no responsibility for any loss and/or damage that may arise from your accessing the Linked Sites.

2.5. FNB is not responsible for any information which may be advertised or published in the Linked Sites. You acknowledge that where a transaction(s) is executed emanating from a Linked Site, FNB is not acting as either agent or principal and any subsequent contract will be between yourself and that third party and will be subject to the terms of the third party.

2.6. Your access and use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.

3. PRIVACY

3.1. FNB’s Data Privacy Notice applies to the use of the Website, and its provisions are made part of these Terms of Use.

3.2. By using this Website, you consent to the processing of your personal data provided therein and warrant that all data provided by you is accurate where required.

3.3. The Data Privacy Notice, which sets out how FNB will use your information, can be found at CustomerPrivacyNotice.pdf (fnbswaziland.co.sz)

4. PROHIBITIONS

4.1. You must not misuse this Website. You will not:

4.1.1 use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

4.1.2 transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene.

4.1.3 hack into any aspect of this Website, corrupt data, cause annoyance to other users, infringe upon the rights of any other person’s proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as “spam”: or
4.1.4 attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

4.2 Any breach of this provision would constitute a criminal offense and FNB shall report any such breach to the relevant law enforcement authorities and disclose your identity to them.

5. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

5.1 The Intellectual Property rights in all software and content (including photographic images/videos) made available to you on or through this Website and/or the Linked Sites remains the property of its registered owners or its licensors and are protected by copyright laws and all such rights are reserved by the owners.

5.2 You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

6. DISCLAIMER TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD-PARTY COPYRIGHT

6.1 Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked, or affiliated with FNB and you should not rely on the existence of such a connection or affiliation.

6.2 Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to FNB.

7. DISCLAIMER OF LIABILITY

7.1. The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. FNB hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, or common law and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

7.2. You assume total responsibility for your use of the Site and any Linked Site.

8. INDEMNITY

8.1. You agree to indemnify, defend, and hold FNB, its directors, officers, employees, consultants, agents, and affiliates, harmless from all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your access and use of this Website or your breach of the Terms and Conditions herein.

9. FNB GOODS AND SERVICES

9.1. You must be over 18 years of age or above and possess a valid personal identity card to enter any transaction(s) in relation to FNB’s goods and services provided on this Website.

9.2. Any proposed transaction(s) for FNB’s goods and/or services shall be subject to FNB’s terms and conditions relating to those goods/and or services and FNB shall have the right to accept or decline any offer for any transaction(s).

9.3. Your use of this Website shall not create any form of legitimate expectation.

10. COMPLAINTS

10.1. FNB operates a complaint handling procedure which is used to resolve disputes when they first arise in relation to FNB’s goods and services.

10.2. You agree that all disputes arising out of your use of this Website will be governed by the laws of the Kingdom of Eswatini.

11. FEEDBACK

11.1. Any feedback you provide at the site shall be deemed non-confidential. FNB shall be free to use such information on an unrestricted basis.

12. GENERAL

12.1. FNB shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary these Terms and Conditions.

12.2. These Terms and Conditions shall be governed and construed in terms of the laws of the Kingdom of Eswatini and the Courts in Eswatini shall have jurisdiction on any matter that may arise under this Agreement.

12.3. Any provision in this Agreement, which is or may become illegal, invalid or unenforceable shall be treated pro non scripto and severed from the balance of the Agreement without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such remaining provisions.