Account Terms and Conditions

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

01

Introduction

Bettr Proprietary Limited (Registration Number 2017/387049/07) is an authorised distribution channel of Access Bank South Africa Limited (Registration Number1947/025414/06 and authorised Financial Services Provider FSP 5865). Bettr will make available various Card Services (“the services”), in terms of which of which, Bettr will execute on the Customer’s instruction given to Bettr by the Customer in written or electronic format.  

The Customer understands and accepts that the terms and conditions stated below, shall apply to the use of any of the Services. The headings in these terms and conditions are for ease of reference only and shall not have any interpretative value.

02

Definitions

2.1. "Account" means the account in the name of the Customer which is designated for the debiting and/or crediting of electronic and debit card transactions.

2.2. “Application" refers to the application for an account by the Customer applied for through the Mobile Application which has been approved.

2.3. "ATM" means Automated Teller Machine.

2.4. "Authentication measures" means the techniques, methods and processes used to verify the identity of the Customer and the card transaction.

2.5. “Bettr” means Bettr Proprietary Limited, an authorised distribution channel of Access Bank Limited.

2.6. "Card" means a Debit Card issued by Bettr under the VISA card programme.

2.7. "Customer" means an individual or business to whom cards have been issued.

2.8. "Card Transaction" means one or all of the following transactions by means of the Card or Digital Card:

  • 2.8.1. Withdrawal of cash at an ATM or POS;
  • 2.8.2. Purchase of goods and/or services at POS;
  • 2.8.3. Obtaining an account balance at an ATM;
  • 2.8.4. Paying for goods and services purchased over the Internet from an Online Merchant using the Online Payment Service.

2.9. “Common Monetary Area” means the countries of eSwatini, Lesotho, Namibia and South Africa.

2.10. “Digital Card” means a secure virtual representation of a VISA debit card issued during the enrolment of the Customer to Digital Card Services at the point of Application approval by Bettr.

2.11. “Digital Card Services” means the mobile payment capabilities provided by third-party digital card service providers.

2.12. “FICA” means the Financial Intelligence Centre Act 38 of 2001 as amended from time to time.

2.13. “Foreign-based Merchant” means a Merchant or Online Merchant that is situated outside of the Common Monetary Area.

2.14. "Limits" refers to both ATM, POS daily card transaction limits which are set or changed by Bettr, from time to time.

2.15. “International Transaction” means any Card Transaction or electronic transfer, which is settled to a Foreign-based Merchant or any other individual or entity outside of the Common Monetary Area.

2.16. “Internet" means a global network accessible through an Internet Service Provider, by any person or business.

2.17. “KYC” means “Know Your Customer” which refers to the requisite personal information which the Customer consents to provide to Bettr via the Mobile Application to complete the Customer’s Application.

2.18. “Merchant" means any business that sells goods and/or services and is enabled by a certified Bank to accept Cards or Digital Cards or electronic transfers as a payment method.

2.19. “Mobile Application” means the mobile Android and iOS applications through which the Customer can access their Account.

2.20. "Online Merchant" means a Merchant who sells its goods and/or services over the Internet.

2.21. "Online Payment Service" means the Online Payment Service which enables Cardholders to purchase goods and/or services from Online Merchants.

2.22. “Personal Information” means certain information that Bettr collects automatically when the Customer uses the Mobile Application, in the Application, and optional information that the Customer provides to Bettr voluntarily. Further information is available on Bettr’s Privacy Notice or the website or in the Mobile Application.

2.23. "Pin" means the personal identification number, selected by the Customer, which is used as a security and authentication measure.

2.24. "POS" point of sale means the physical location where a Merchant initiates a payment instruction.

2.25. “Sanctioned Entity” means a natural or juristic person who has been sanctioned by any of the Sanctioning Bodies recognised by Bettr from time to time.

03

Customer Data and Privacy

3.1. The Customer hereby accepts and consents to the sharing of their personal information to Bettr.

3.2. Any and all personal information of the Customer held by Bettr shall be protected by law as prescribed by the Protection of Personal Information Act, 2013.

3.3. For more information regarding Bettr’s handling and storage or access to such personal information, please refer to Bettr’s Privacy Notice and PAIA Manual respectively on Bettr’s website or via the Mobile Application.

04

KYC and FICA

4.1. Bettr is required by FICA to collect personal information, during the completion of the Customer’s Application or any other such time that it is deemed necessary or appropriate.

4.2. The Customer hereby agrees to comply with such requests.

4.3. If for any reason the Customer refuses to provide requested personal information required under FICA or Bettr believes that the personal information provided to Bettr or filed by Bettr is non-compliant in terms of this act, Bettr may prevent the Customer’s Account from initiating or processing any further transactions until such a time as the Customer’s personal information is compliant with the Act.

4.4. Should the Customer be aware of any material changes in such personal information disclosed to Bettr, the Customer shall endeavour to make known to Bettr such changes within 30 days.

4.5. Bettr may request such personal information at any prescribed interval to ensure such information is up to date.

4.6.  Bettr may conduct fraud-related checks and share information relating to the Customer’s Application or conduct of your Account with the South African Fraud Prevention Service.

4.7.  Bettr may request information from South African Credit Bureaus for the purposes of verifying the Customer’s identity from time to time.

4.8. Bettr shall assign a specific FICA status to each Customer on successful Application and such FICA status shall be continually monitored and updated as necessary from time to time.

4.9. In accordance with FICA, Bettr applies default transactional and account limits based on the Customer’s FICA status per the table below:

05

Anti-money Laundering

5.1. The customer hereby acknowledges that the Account may not be used for the purposes of money laundering, terrorism or organised crime, nor shall the Account be used in such a way that a Sanctioned Entity may benefit directly or indirectly from such use.

5.2. If Bettr suspects that the Customer’s Account has been used in such a way that would constitute money laundering, financing of terrorist and related activities or unlawful use, Bettr may suspend usage of the Account immediately.

06

Issue of Card

6.1. The customer is the only person who may use the Card or Digital Card. The Card or Digital Card cannot be transferred to any other person for use.

6.2. The Card or Digital Card is valid from the issuing date until the expiry date as displayed within the Mobile Application or until the date of notice from Bettr that the use of the Card or Digital Card is terminated, or the Account is closed.

07

Responsibility for the Card or Digital Card

7.1. The Customer acknowledges that the authentication measures are strictly confidential and must be known only by the Customer and must not under any circumstances be disclosed.

7.2. The Customer is responsible for the safekeeping and appropriate use of the Card or Digital Card.

7.3. The Customer shall take all necessary precautions to prevent the Card or Digital Card being lost, stolen or used by a third party and/or that any of the Authentication measures become known to any unauthorised person.

7.4. The Customer must ensure that any record of the PIN is kept separate from the Card or Digital Card in a safe and secure storage location.

7.5. If the Card is lost or stolen, the Customer must notify Bettr immediately thereof and Bettr will stop the card. Delay in notifying Bettr will be considered as negligence on the Customer's part, and the Customer will be responsible for all cash drawn, including where the PIN is used to withdraw money and/or for payment of goods and services bought with the Card, before such time as Bettr has stopped the Card. The Customer shall be liable for the Card replacement fee.

7.6. It is recommended that the Customer take precautionary action and “temporary block” the Card, via the Mobile Application, if is it lost or stolen or suspected lost or stolen.

7.7. A “temporary block”can be made by the customer either by following the prompts within the Mobile Application or by notifying customer support via telephone.

7.8. The fraudulent, incorrect, unauthorised or illegal use of the Card or Digital Card or the Authentication measures by the Customer, shall not relieve the Customer of the Customer's liabilities to Bettr in respect thereof.

7.9. The Customer acknowledges that the use of the Card, Digital Card and the Authentication measures gives access to the Account and the Customer information. The Customer waives any claim(s) which the Customer may have against Bettr with reference to any damages, loss or liability that the Customer may suffer as a result of such access and/or use.

7.10. The Customer indemnifies Bettr against any damages, loss or liability which Bettr may suffer as a result of such access and/or use.

7.11. The Customer must comply with all applicable exchange control regulations when the Card or Digital Card is used outside the Common Monetary Area. Card Transactions made in foreign currencies will be converted into South African rand at an exchange rate determined by Bettr and will be shown on your statements in South African Rand. You may have to pay an additional fee for such transactions.

08

Owner of the Card

The Card remains the property of Bettr and is subject to immediate return at the discretion of Bettr.

09

Use of the Card of Digital Card

9.1. The Customer shall use the Card or Digital Card in a satisfactory manner as required from time to time by Bettr. The decision as to whether the Card or Digital Card is being so used rests with Bettr.

9.2. Bettr is authorised to debit or credit the Customer's Account with all Card transactions effected.

9.3. Bettr will encode the Card or Digital Card with a PIN, which will give the Customer the ability to withdraw cash and to buy goods and/or services by means of the Card or Digital Card.

9.4. The Online Payment Service will be available to those Customers whose registrations for the Online Payment Service were successful.

9.5. The Customer must obtain access to the Internet in order to make use of the Online Payment Service. The Customer is solely responsible for the acquisition, installation and maintenance of the connection to the Internet and any related costs will be borne by the Customer. In the event that the Card or Digital Card is linked to more than one account, the Card transaction will be effected against the account nominated by the Customer.

9.6. Bettr will not be liable to the Customer:

  • 9.6.1. If any Merchant or Online Merchant refuses to accept the Customer's Card or Digital Card as payment or,
  • 9.6.2. For any goods purchased or services obtained, with the Customer's Card or Digital Card, and the Customer will not have the right to claim anything from Bettr nor to institute any counterclaim against or to apply set-off against Bettr on this basis.

9.7. No dispute between the Merchant or Online Merchant and the Customer will give the Customer the right to:

  • 9.7.1. be exempted from the Customer's obligations for payment made by Bettr to the Merchant or Online Merchant; or
  • 9.7.2. Instruct Bettr to stop any payment to a Merchant or Online Merchant, or to reverse a payment which has already been made.

9.8. Bettr shall not be party to any dispute between the Customer and any service provider appointed by the Customer to establish the Customer's Internet infrastructure.

9.9. Bettr will not be liable for any damages the Customer may suffer as a result of a network breakdown, systems failure, equipment malfunction, defect of the Customer's computer hardware or software or internet infrastructure or resulting from events beyond Bettr's control.

10

Limits

10.1. Although the Customer may request Bettr to increase or decrease the daily transaction limits, the Customer acknowledges that Bettr will within its discretion impose provisional limits on daily withdrawals and POS transactions at Merchants, Online Merchants or Foreign-based Merchants.

10.2.  The Customer must use the Card, Digital Card and Online Payment Service within the Limits as agreed between the Customer, and in accordance with the terms and conditions of this Agreement. Neither the Card or Digital Card entitle the Customer to exceed the Customer's limits.

10.3.  In the event that a Card Transaction is not effected as aforesaid, authorisation of the Card Transaction may be denied by Bettr and/or the Agreement cancelled by Bettr without prejudice to its rights in terms of this Agreement or at law.

10.4.  The Customer may monitor their transactions and increase or decrease their daily and or monthly transaction limits within the Mobile Application.

11

International Card Transactions

Per the Exchange Control Regulations, International Transactions are subject to the oversight of the Financial Surveillance Department. If the Customer’s International Transaction contravenes or would contravene these Exchange Control Regulations, Bettr may block the Account and or Card from processing any International Transaction. Specific limits relating to International Transactions are provided below: 

11.1. The Customer or Customer temporarily abroad may transact with their Card or Digital Card up to 100 per cent of the authorised single discretionary allowance (R1,000,000 per calendar year if the Customer is 18 years or older and R200,000 per calendar year if below 18 years old).

11.2. International Transactions are limited to R50,000 per transaction. Any singular transaction exceeding R50,000 may not be split to circumvent the limit applicable to this dispensation.

11.3. The Customer may not transact with their Account, Card or Digital Card to participate in lotteries or gambling activities organised abroad, as such an act would be in contravention of the Lotteries Act 57 of 1997 and National Gambling Act 7 of 2004 respectively. Accordingly, Bettr will decline any International Transaction for such purposes.

12

ATM and POS Transactions

12.1. The ATM and POS records shall be prima facie proof of the amounts withdrawn or paid to the Customer through the use of the Card or Digital Card by the Customer, entitling Bettr to debit the Account, unless the Customer can prove otherwise.

12.2. The Customer uses the ATM at the Customer's own risk and Bettr will not be liable for any loss or theft resulting from the use of the ATM.

12.3. In the event of improper use of the ATM or POS, or unsuccessful attempts to key in the PIN, the Card will automatically be retained. When a Card is retained by the ATM, the Card will be destroyed. A replacement Card must then be requested by the Customer via the Mobile Application. The Customer shall be liable for the Card replacement fee.

12.4. Bettr shall not be liable for any damage or loss suffered by the Customer arising out of:

  • 12.4.1. an interruption or failure of power supply to an ATM or POS; or
  • 12.4.2. any ATM or POS failure, malfunction or of the Customer's general use of ATM or POS services; or
  • 12.4.3. any cause whatsoever which may result in the retention of the Card or it being defaced, torn, destroyed or rendered unusable, and shall not be held liable for any consequence resulting from same.

13

Fees

13.1. Bettr has the right to debit the Customer's Account with service fees and such other charges in respect of Card Transactions as Bettr may determine, such charges will be reflected on the statement to the Customer. This includes, but is not limited to, a Card replacement fee and statutory levies and taxes.

13.2. The latest fees can be found on the Mobile Application.

13.3. Bettr shall notify the Customer of any changes to such fees 30 days prior to the date of the updated fees coming into effect.

13.4. The Customer may view any fees charged to their account, on a line-by-line basis, via the Mobile Application or via the E-Statement service.

14

Domicilium Citandi Et Executandi

14.1. The Customer's physical address as per their Application to Bettr is the address to which the Customer chooses Bettr will send all notices, correspondence, statements and where any process of court may be served on the Customer.

14.2. Bettr chooses as its domicilium: by correspondence Bettr sends at the Customer's last domicilium shall be conclusively deemed to have been received by the Customer on the seventh business day of posting.

14.3. In the event that the Customer's address changes, Bettr must be informed immediately in writing or via the Mobile Application. Such notice shall be constituted either by the Customer confirming such in writing to Bettr or by the Customer updating one’s address changes in their personal profile in the Mobile Application.

14.4. All notices or communications must be made either in writing and sent by pre-paid registered post to Bettr (Pty) Ltd., 8th Floor, 6 Rua Vasco da Gama Plein, Cape Town, South Africa, 8000 or electronically by email to legal@bettr.app. The Customer accepts all risk if the Customer sends any notice than otherwise stipulated.

15

Cancellation of Card or Digital Card

15.1. Bettr retains the right, at any time to cancel, suspend, repeal or demand the return of the Card or Digital Card, without Bettr losing any right to any claim which Bettr may have against the Customer.

15.2. In the event that the Customer wants to terminate the right to use the Card the Customer must cut through the magnetic strip of the Card and send it to Bettr and cancel the Card via the Mobile Application.

15.3. In the event that the Customer wants to terminate the right to use the Digital Card the customer may cancel the Digital Card via the Mobile Application.

15.4. In the event that the Customer fails to cut the Card as directed in 15.2, and it is used without the Customer's authority, the Customer will be held liable.

16

Bank Statements

16.1. It is the Customer's responsibility to check bank statements.

16.2. The Customer acknowledges and agrees that in the event of the Customer's failure to advise Bettr in writing of any error in any statement furnished by Bettr to the Customer within thirty (30) days of date of statement, the right to raise or rely on such error by the Customer shall prescribe.

16.3. The Customer shall consent to the receipt of E-Statements as stipulated under the E-Statements terms and conditions which can be found on Bettr’s website or via the Mobile Application.

17

Amendments

Bettr may change, repeal, place or add to any terms and conditions of this Agreement. In such a case Bettr will notify the Customer in writing before they become effective. The latest version of these terms can be found here or via the Mobile Application.

18

Disclosure of Information

The Customer acknowledges and agrees that Bettr may inquire from any credit bureau information when assessing the Customer's Application, and may disclose the existence of the Account to any credit bureau, in accordance with the code of banking practice or otherwise according to generally accepted banking practice.

19

Jurisdiction

19.1. The Customer agrees to the jurisdiction of the Magistrate's court in respect of any matter relating to the operation of the Account, notwithstanding that the amount in issue may exceed the jurisdiction of such court. Bettr shall be entitled, in its discretion, to institute any such proceedings in any division of the High Court in South Africa.

19.2. The Customer shall be liable for all legal costs, which shall include but be limited to legal costs on the so called attorney and own client scale, collection charges and tracing fees, which Bettr may incur in recovering or attempt to recover money, which the Customer owes Bettr.

20

General

20.1. In the event that Bettr allows the Customer any latitude, including any extension of time, it must not be construed as a novation or waiver Bettr's ’s rights in regard to these terms and conditions.

20.2. The terms and conditions, together with the Application, as changed or replaced by Bettr from time to time, will form the whole of the agreement between the Customer and Bettr.

20.3. Every provision of the terms and conditions is deemed to be separate and severable. In the event that any provision is found to be defective and unenforceable for whatever reason, the provision be severed from the remaining provisions and that the validity of the remaining provisions will continue to be of full force and effect.

20.4. It should be noted that any goods purchased from a Foreign-based Merchant and imported from outside of the Common Monetary Area, shall be subject to the ad valorem excises and customs duties as applicable.

21

Network Contact Details

Bettr Proprietary Limited

  • Registered address: 6 Rua Vasco da Gama Plein, Foreshore, Cape Town, 8000
  • Postal address: 6 Rua Vasco da Gama Plein, Foreshore, Cape Town, 8000

Access Bank South Africa Limited

  • Registered address: Building 3, Inanda Greens Business Park, No. 54  Wierda Road West, Wierda Valley, Sandton 2196
  • Postal address: P.O. Box 784921, Sandton 2146
  • Tel: (+27) 11 634 4300
  • Fax: (+27) 11 326 7840
  • Website: https://southafrica.accessbankplc.com/

Banking Ombudsman

FAIS Ombudsman

Banking Council