The following Card Terms and Conditions (T&C) clauses have been amended for the following products:

American Express Personal Credit Cards, clause 2, 6, 15 & 22
American Express Personal Charge Cards, clause 2, 6, 15 & 22
Nedbank SAA Voyager Credit Card, clause 2, 6, 16 & 23
Nedbank Greenbacks Credit Card, clause 2, 6, 15 & 22
Nedbank Small Business Cards, clause 2, 6, 15 & 22
American Express Business Cards, clause 2, 6, 13 & 20
American Express Corporate Cards, clause 2, 6, 13 & 20
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TERMS AND CONDITIONS
Terms and conditions of issue and use of American Express® Cards and Card numbers American Express® Cards, Card numbers and credit facilities are granted by us, Nedbank Limited, in our sole discretion and all applications are processed and approved in Johannesburg. The dispatch of the Card to the business and/or employee or, in the case of a Card number, the dispatch of the notification of the Card number to the business and/or the employee will constitute our acceptance of the particular application, subject to the following terms and conditions of use:
1 INTERPRETATION 2 DEFINITIONS
3 RECITAL 4 TERMS OF CARD FACILITY
5 USE OF THE CARD 6 FEES, COSTS, INTEREST AND OTHER CHARGES
7 STATEMENT, PAYMENT, DEPOSITS and settlement 8 LIABILTY STRUCTURE
9 LIABILITY 10 CERTIFICATE AND OTHER DOCUMENTARY EVIDENCE OF INDEBTEDNESS
11 SUSPENSION OR CLOSING OF CARD FACILITY 12 CREDIT BUREAU INFORMATION
13 ACKNOWLEDGEMENT, CONFIRMATION AND CONSENT 14 JURISDICTION
15 NOTICES AND DOMICILIUM 16 CLIENT RIGHTS
17 DEFAULT BY THE CLIENT/TERMINATION 18 APPLICATION FOR DEBT REVIEW
19 REQUIRED PROCEDURE BEFORE DEBT ENFORCEMENT 20 GENERAL
Card(s) are issued and Card facilities are granted by us, Nedbank Limited, in our sole discretion to The Business and/or Cardmember(s) and the Card application is processed and approved in Johannesburg and the dispatch of the Card to The Business and/or Cardmember(s) constitutes our acceptance of the application, subject to the following terms and conditions:
1. INTERPRETATION
In this Agreement:
1.1 clause headings are for convenience and are not to be used in its interpretation;
1.2 unless the context indicates a contrary intention, an expression which denotes:
    1.2.1 any gender includes the other genders;
    1.2.2 a natural person includes a juristic person and vice versa; and
    1.2.3 the singular includes the plural and vice versa.
2. DEFINITIONS
In this Agreement, unless the context otherwise indicates, the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings.
2.1 ‘Act’ means the National Credit Act, 2005;
2.2 ‘Additional Card’ is a Card applied for by the holder of a Card account and the Additional Cardholder and is issued by us at our discretion for use by the Additional Cardholder for Business Expenditure, for which the applicant and the Additional Cardholder accept joint and several liability;
2.3 ‘Agreement’ means the agreement concluded between you and us, upon your acceptance of this quotation, which Agreement shall be governed by the terms and conditions of use contained in this quotation and includes the Application for the Card;
2.4 ‘Annual Interest rate’ means the maximum interest rate as prescribed by the Act from time to time.
2.5 ‘Application’ means the written application completed by you in respect of the Card;
2.6 ‘ATM’ means an automated teller machine;
2.7 ‘Authorised Representative’ means the service establishment or supplier who is stated on the application form as an authorised representative;
2.8 ‘Business’ means the business named on the Card application form and the entity that hereby applies for Cards and/or Card numbers and facilities;
2.9 ‘Card’ means the Nedbank Business and/or Corporate, American Express® Corporate, Business, Business Travel Account, Personal Travel or suppressed Card:
  2.9.1 issued by us in our sole discretion for use by the business’s employee named on the Card; and
  2.9.2 where applicable, lodged with and used by an authorised representative and identified as a duplicate Card;
2.10 ‘Card Account’ means your Card account with us opened pursuant to your application for the Card facility described herein or any other account with us, which is operated by means of the Card;
2.11 ‘Cardmember’ means the employee of the business who is the holder of, or is issued with a Card and/or a Card number;
2.12 ‘Card number’ means the number that:
  2.12.1 is embossed on the Card and by which the Card is identified; or
  2.12.2 we may issue to the business and which may be furnished to suppliers or service establishments to effect Card transactions;
2.13 ‘Card Transaction’ means any commercial transaction, including but not limited to purchases, services, cash advances, cash withdrawals or deposits made;
  2.13.1 with the Card from or to the Card account by using an ATM or SST or other electronic or other device; or
  2.13.2 by furnishing the Card number to a merchant or supplier;
2.14 ‘Conversion Fee’ means a fee to cover global fluctuations in the currency market. Any charge that is made in a foreign currency other than US dollar will, when the conversion is done, be converted into US dollar before being converted into South African rand and will attract a currency conversion fee;
2.15 ‘Credit Bureau’ means:
    Experian Pty. Ltd. (Head Office);
    Tel: +27 (0) 86 110 5665
    Fax: +27 (0) 11 463 3988
    E-mail: info@experian.co.za
    Physical Address: Experian House, The Ambridge Office Park, Vrede Avenue, Douglasdale, 2191
    Postal Address: P O Box 98183, Sloane Park, 2152
    TransUnion ITC (Head Office);
    Tel: +27 (0) 861 482 482
    Fax: +27 (0) 866 701 737
    E-mail: Disputeinfo@transunion.co.za
    Physical Address: Wanderers Office Park, 52 Corlett Drive, Illovo, Johannesburg, 2196
    Postal Address: P O Box 4522, Johannesburg, 2000
    Expert Decision Systems (XDS);
    Tel: +27 (0) 11 645 9100
    Fax: +27 (0) 11 484 6588
    E-mail: info@xds.co.za
    Physical Address: 11-13 St. Andrews, Oakhurst Building, Parktown, Johannesburg,
    Postal Address: P O Box 30987, Braamfontein, 2017
    KreditInform (Head Office);
    Tel: +27 (0) 11 777 2700
    Fax: +27 (0) 11 886 3837
    E-mail: gautengservicecentre@kredit.co.za
    Physical Address: 15 Philips Street, Ferndale, Randburg
    Postal Address:   P O Box 1001, Randburg, 2125
2.16 ‘Card Facility’ means the facility, which we may decide to make available to you, which is operated by means of the Card or the Card number, subject to these terms and conditions of use, and the amount of this facility will be advised by us to you (not applicable to charge cards). The purpose of this facility is to cover the full amount used by you on The Business's Card account for purchases or services, orNedbank Limited Reg No 1951/000009/0 We subscribe to the Code of Banking Practice of The Banking Association South Africa and, for unresolved disputes, support resolution through the Ombudsman for Banking Services. We are an authorised financial services provider. We are a registered credit provider in terms of the National Credit Act (NCR Reg No NCRCP16). Page 2 of 7 BusinessCardTC 33 37 ENG.dot 04Jun08 withdrawn by you from The Business's Card account by means of your PIN, in circumstances where sufficient cash funds are not available in The Business's Card account;
2.17 ‘Chip’ means the integrated circuit that is embedded in a plastic card and which is designed to perform processing and / or memory functions;
2.18 ‘Chip and PIN card’ means a plastic card, commonly called a chip card, with an embedded chip that communicates information to a point-of-transaction terminal and / or other electronic devices;
2.19 ‘Delivery’ means that in terms of any notice required to be provided to you and/or us, such notice may only be given in writing and must be delivered to you and/or us by way of hand delivery or prepaid registered post or telefax or telegram or e-mail or SMSs. If delivered by hand, the notice shall be deemed to have been received on the date of delivery. If delivered by prepaid registered post, the notice shall be deemed to have been received within 7 (seven) days of posting, unless the contrary is proved. If sent by telefax, the notice shall be deemed to have been received on the date of confirmation of the successful transmission of the facsimile evidenced by a transmission report and/or slip. If delivered by telex, the notice shall be deemed to have been received within 7 (seven) days of submission, unless the contrary is proved. If sent by e-mail, the notice shall be deemed to have been received on the day of transmission, unless the contrary is proved. If sent by SMS, the notice shall be deemed to have been received on the day of transmission, unless the contrary is proved.
2.20 ‘Individual Interest Rate’ means the variable interest rate which we offer you as it appears on your statement and/or your quotation, which is applicable to this Agreement and which is based on the Annual Interest Rate discounted by your personal risk profile where applicable, which will not exceed the maximum permissible interest rate allowed under the Act;
2.21 ‘Liability structure’ means the form of liability that was adopted when the Card agreement between you and us was initially concluded;
2.22 ‘Overdue amount’ means that portion of any amount payable that appears on the Card account statement that is not paid prior to, or on the payment date recorded on the statement;
2.23 ‘PIN’ means a personal identification number, which is a secret number, which we may either send to you or, which will be selected by you and, which only you know.  This number must be encoded on the Card by us and is used as a means of user identification;
2.24 ‘Principal Debt’ means all amounts owing in terms of this agreement;
2.25 ‘Quotation’ means the written quotation given in respect of this Agreement as contemplated in the Act;
2.26 ‘Service Establishment’ means the supplier of goods and services purchased or required by the Cardmember by use of the Card and/or PIN, and includes any merchant performing the same service;
2.27 ‘SST’ means a self service terminal;
2.28 ‘We’, ‘us’ and ‘our’ refer to Nedbank Limited Reg No 1951/000009/06, its successors in title and assigns of 135 Rivonia Road, Sandown, Sandton, NCR Registration number NCRCP16;
2.29 ‘The Business’ and ‘Cardmember(s)’ refer to the applicant for the Card facility and, where appropriate, the applicant for an additional card(s);
2.31 ‘You’, ‘your’ and ‘yourself’ refer to The Business and/or Cardmember(s) and Cardholder(s);
2.32 Any number of days shall be determined by excluding the first and including the last day, or where the last falls on a day that is not a business day, the next business day.
3. RECITAL
Should you accept this pre-agreement and quotation and enter into the Agreement with us in respect of the Card facility to you in this quotation, we agree to extend the facility to you, and you agree to utilise such facility, as specified in the quote, subject to the terms and conditions of this Agreement. The agreement between you and us will come into being at the moment when we open an account in your name.
4. TERMS OF CARD FACILITY
4.1 Subject to the terms and conditions of this Agreement, we agree to provide a Card Facility to you, and you agree to the provision of a Card Facility in the amount specified in the Quote;
4.2 The Card Facility will be provided to you, or on your behalf, in our sole discretion, and subject to compliance by you with the terms and conditions of this Agreement;
4.3 To the extent that the Act is applicable to this Agreement:
  4.3.1 if you wish to increase your card facility, you may request us to do so in writing. This does not apply to an automatic annual increase with respect to your card facility, that we may grant, provided that you have requested us to do so in the appropriate space on the Application;
  4.3.2 you may not exceed your card facility unless you first obtain our written approval. If we accept any sales voucher, cash voucher or other evidence of withdrawal of cash and/or purchase resulting in the Card facility being exceeded, this will not mean that we have increased the Card facility permanently;
  4.3.3 if you exceed the applicable card facility, same will constitute a breach of this Agreement and all amounts owing to or claimable by us from you in terms of this Agreement will, at the option of us, become immediately due and payable without notice, in the event that you fail to pay on demand any sum or sums of money owing to or claimable by us in respect of any facility granted to you;
  4.3.4 if you, at the time of completing the Application or at any later time, in writing have specifically requested the option of having the Card facility automatically increased from time to time, we may unilaterally increase the Card facility as provided for in terms of the Act.
       
5. USE OF THE CARD
5.1 The Cardmember must, immediately when The Business receives the Card, insert the Cardmember signature in the space provided thereon with a non-erasable ballpoint pen;
5.2 If you do not want the Card, you must destroy it immediately without using it and also notify us in writing thereof;
5.3 The Card may be used only by the natural or juristic person whose name appears thereon;
5.4 The Card may only be used for Business or Business-related expenditure;
5.5 The Card is valid from the first day of the ‘valid from’ date on the Card until it expires or until your account is closed by any of the parties for whatever reason.  If we allow a card transaction after the Card has expired or has been cancelled, this does not mean that we have extended the validity term of the Card;
5.6 We are the owners of the Card and when your account is closed for whatever reason, you must give the Card back to us (or to any person who is authorised to act on our behalf);
5.7 We shall, where applicable, encode the Card with a PIN, which will give you the right to deposit and/or withdraw cash and/or make use of services by means of the Card at compatible ATMs or SSTs or other electronic devices;
5.8 It is important that your card and account is not used fraudulently.  You must therefore:
  5.8.1 take proper care of the Card and card number and do everything that is necessary to prevent it from being lost, stolen and/or used wrongfully;
  5.8.2 ensure that any record of the Cardmember PIN is kept separate from the Card in a safe place;
  5.8.3 not allow anybody to obtain knowledge of the Cardmember PIN;
5.9 If the Card, card number or PIN:
  5.9.1 is lost, stolen and/or used wrongfully; or
  5.9.2 is used by any person other than the Cardmember;
  5.9.3 you must notify us immediately at our Nedbank Card Division in Johannesburg by calling the number provided on your monthly statement. You must also notify us immediately if you have reason to believe or suspect that this has happened. You will be provided with a reference number during your telephone call. It is important that you keep a record of this reference number – you must be able to provide it to us whenever you are requested to do so. You must confirm your verbal notification by sending us written confirmation thereof, stating the reference number, within 24 (twenty-four) hours after the verbal notification;
5.10 You will be liable for and must repay us all amounts we pay or have to pay if the Card, your card number or PIN is used unless you have reported it as lost, stolen or being used wrongfully as set out in 5.9 above;
5.11 Except where a transaction is made by means of a PIN or is requested by mail or telephone order, the Cardmember must sign a sales voucher, a cash advance voucher or a refund voucher, as the case may be, every time the Cardmember uses the Card or gives the Card number to a merchant or supplier.  By signing the voucher the Cardmember confirms that the information on it is correct.  You will be liable for and must repay us all amounts we pay or have to pay in respect of your card transactions.  If The Cardmember does not sign the relevant voucher(s), you will still be liable to us;
5.12 You must comply with all the applicable exchange control regulations when the Cardmember uses the Card outside the common monetary area. Card transactions made in foreign currencies will be shown on your statements in South African rand;
5.13 You may not use the Card for any unlawful or illegal transaction and it is the Cardmember’s duty to make sure that a transaction is lawful before you use the Card;
5.14 When the Cardmember uses an ATM or a SST or any other electronic device, the Cardmember does so at their own risk and we shall not be liable for any loss or theft resulting from the use of an ATM or a SST or other electronic device;
5.15 When making withdrawals at ATMs outside the borders of South Africa, the daily withdrawal limit will be different from the daily withdrawal limit at ATMs inside the borders of South Africa;
5.16 You authorise us (which authorisation may not be cancelled):
  5.16.1 to pay for any purchases, services or cash advances in respect of which the Card or the Card number is used and to debit the amount concerned to your card account;
  5.16.2 to debit your card account with the amount of the sales voucher or cash advance voucher or any other cash amount withdrawn; and
  5.16.3 to make the necessary entries to do the above and to reverse these entries when appropriate.
5.17 We shall not in any way be liable to you if any merchant or supplier does not accept the Card or the Cardmember card number, or if we refuse to authorise any card transaction;
5.18 If there are any claims or disputes between you and any merchant or supplier in respect of the nature, quality or quantity of any goods or services the Cardmember obtained from the merchant or supplier or in respect of any other matter or thing, our rights to receive payment from you will not be affected in any way nor will it give anyone a right of setoff or counterclaim against us.  You hereby acknowledge that no merchant or supplier is our agent;
5.19 If a merchant or supplier gives you a refund, it will be credited to your card account only in the event of and once we receive a properly issued credit voucher from the merchant or supplier;
5.20 You will not have the right to stop any payment we are making or which we are about to make to a merchant or supplier in respect of any transaction, nor will you have the right to instruct us to reverse a payment in respect of a transaction which has already been made, except as may be provided otherwise by statute;
       
6. FEES, COSTS, INTEREST AND OTHER CHARGES
6.1 We pay interest on the average daily credit balances on your Card account at the rate, which we shall notify you of from time to time in your monthly statement. This interest is credited to the Card account monthly on the statement date;
6.2 You will be liable to pay interest to us in respect of each transaction, calculated monthly on daily balances as set out in your statement and/or your quotation, which interest will not exceed the maximum Annual Interest Rate.
6.3 Your variable Individual Interest Rate which we offer you and which applies to this Agreement is based on the Annual Interest Rate discounted by your personal risk profile where applicable, which may change from time to time. The Individual Interest Rate can be changed by us at any time at our sole discretion by giving you notice as required in terms of the Act.
6.4 If you pay the outstanding balance on the Card account in full on or before the due date reflected on the monthly statement, we may decide not to charge interest in respect of card transactions (other than cash advances/withdrawals, electronic transfers, foreign exchange, casino chip purchases, or fuel purchases with any garage card), which appear for the first time on that statement. If we decide not to charge interest, this will not mean that we have waived our right to charge interest and we reserve the right to charge interest at any time;
6.5 If you fail to pay any amount owing to us on the due date, you will be liable for penalty interest at a rate equal to the maximum rate of interest prescribed by the National Credit Act, 34 of 2005, on the full amount due but unpaid, including interest;
6.6 You will be responsible for and shall pay to us the fees, costs and charges specified in clause 6 as part of the cost of credit, as contemplated by the Act. We are entitled at any time, and from time to time, in its discretion to vary any fee, cost or charge, provided that no fee or charge will exceed the maximum amount prescribed from time to time in terms of the Act or, where the Act does not apply to this Agreement, such other amount as may be prescribed by law. To the extent that value-added tax is payable in respect of any fee, cost or charge, such fee, cost or charge will be inclusive of value-added tax payable by you;
6.7 In addition, you shall pay any:
  6.7.1 default administration charge imposed by us to cover administration costs incurred as a result of you defaulting on an obligation under this Agreement; and
  6.7.2 collection costs that may be charged by us in respect of enforcement of your monetary obligations under this Agreement (other than a default administration charge), provided that such charges and costs will not (to the extent that the Act applies to this Agreement) exceed the maximum default administration charges and collection costs prescribed from time to time in terms of the Act.
6.8 Subject to the provisions of clause 6, all fees, costs and charges will be calculated and payable in the manner set out in clause 6. The Annual Interest Rate will be charged in respect of any fee ,costs or charge not paid on or before the due date for payment thereof and this will not prejudice restrict or in any manner detract from our rights pursuant the an act of default.
6.9 To the extent that you are required to pay or reimburse any costs, fees, expenses or disbursements pursuant to this Agreement, you agree that such obligation includes the payment or reimbursement of value-added tax, where applicable;
6.10 All applicable government levies, which you must pay in respect of the use of the Card account, will be debited to the Card account monthly and paid over to the relevant government bodies by us;
6.11 We have the right to debit the Card account with our standard services and other fees and charges payable from time to time, which will be reflected on your monthly statement. These include, but are not limited to, an annual fee (which will be debited for each year or part of a year), a card replacement fee and a returned-payment fee;
6.12 You will be liable to pay all legal costs we incur in exercising any of our rights in terms of these terms and conditions of use, including all legal charges as between attorney and client, counsel’s fees, tracing fees and collection charges;
6.13 You will be charged a currency conversion fee for transactions concluded outside the common monetary area. In the event where MasterCard processed the currency conversion, a charge of 0.20% would be added to cross border/international transactions;
6.14 We shall notify the Client in writing of any variation in the Prime Rate and the Interest Rate in accordance with the requirements of the Act;
       
7. STATEMENT, PAYMENT, DEPOSITS and settlement
7.1 We shall send you a statement each month to the postal address selected by you, setting out each entry as prescribed by law in respect of all transactions on the Card account in the preceding month, as well as the total debit or credit balance, as the case may be, on the Card account as at the statement date and also, where applicable, the minimum amount you must pay and the date on which it must be paid;
7.2 You must pay us not less than the minimum amount shown on the statement and your payment must reach us at our Nedbank Card Division in Johannesburg during banking hours on or before the date, which is stated on the statement as the due date;
7.3 If you pay us by sending a cheque or postal order by mail, all risk involved, which will include but not be limited to fraud, theft or loss of the cheque or postal order, will be borne by you, whether or not it is caused by our negligence or that of any of our employees;
7.4 It is important that you check your monthly statement to determine if it is correct.  If you dispute any item or entry in the monthly statement, you must write to us within 30 (thirty) days of the date of the statement recording your dispute so that we can investigate your complaint properly, obtain the relevant documents pertaining to the disputed entry and make the necessary enquiries.  The relevant documents are only available for a limited time;
7.5 The Principal Debt together with any interest, charges and/or fees, which may be debited to the Account in terms of this Agreement, shall be repaid by you to us as set out in the Quotation;
7.6 The first payment shall become due on the date specified in the Quotation;
7.7 You must check that you receive your monthly statement.  If you do not receive a monthly statement this will not give you the right or be a reason not to pay any amount, which is due and payable to us.  You must inform us in writing if you do not receive a monthly statement;
7.8 If any negotiable instrument is deposited into the Card account, the proceeds will be provisionally credited to the Card account, but you will only be entitled to the proceeds thereof once the instrument is honoured;
7.9 All payments received from you will be credited to the Card account and we shall apply this money firstly to due and unpaid interest charges, then any applicable government levies, then any fees and other charges we levy on your card account, then any legal costs, and finally the principal debt. You may not attach any conditions whatsoever to any payment made to us. If you attach any conditions, we shall have the right to accept your payment and exercise our rights in terms of these terms and conditions of use as if you have not attached any condition;
7.10 It is recorded that the following information is not known or cannot be determined beforehand, namely:
  7.10.1 the amount that will actually be spent on your account;
  7.10.2 the nature or amount of other charges;
  7.10.3 the amount of the principal debt;
  7.10.4 the amount of interest that will accrue in rands and cents;
  7.10.5 the amount of each payment and the date on which each payment must be made.
7.11 All payments in terms of this Agreement will be made in South African currency without set off, or deduction of any kind and free of exchange, bank costs and other charges, at the branch or our Card Division or wherever else we may at any time in writing direct. If arrangements are made to pay the monthly instalment by way of debit order or automatic payment order, this will not detract in any manner from your obligation to effect payment of each payment on or before the due date for payment thereof;
7.12 You may at any time prepay any amount owed to us in terms of this Agreement or settle this Agreement; provided that this Agreement is subject to the Act. To the extent that this Agreement is not subject to the Act, no amount owed by you to us shall be prepaid or this Agreement settled without the prior consent in writing from us. Any consent by us for this purpose may be given unconditionally or subject to such conditions as we in our sole discretion determine;
7.13 To the extent that the Act is applicable to this Agreement, the amount required to be paid by you to us in order to settle this Agreement is the total of the following amounts:
  7.13.1 the Principal Debt or the balance thereof outstanding at the time of settlement;
  7.13.2 any unpaid interest and all other fees and charges owing to or claimable to us in terms of this Agreement up to the settlement date; and
  7.13.3 if the interest rate applicable to this Agreement at the time of settlement is a fixed rate, an early termination charge determined by us at such time; provided that such fee does not exceed the maximum charge permitted from time to time by the Act.
       
8. LIABILTY STRUCTURE
8.1 You have agreed to be bound to us under the following liability structure as stated in the agreement between the you and us:
  8.1.1 Joint and Several liability: You are jointly and severally, in solidum, liable to us as co-principal debtor with each and every Cardmember for all amounts owing to us on the Card account and obligations arising out of these terms and conditions of use, as well as for all amounts owing to us on the Card account in respect of the use of the Card and/or the Card number and obligations arising out of these terms and conditions of use.
8.2 On return of the Card to us by the you and after all amounts owing to us in respect of the use of the Card have been paid, we will at your request cancel the card facility, the Card and/or the Card number and you will then no longer be liable to us for future debt in respect of the card facility, the Card and/or the Card number;
8.3 You hereby give up the benefit of the legal exceptions and/or defenses of excussion, division, cession of action, no cause of debt, no value received or revision of accounts which you can or may plead to defend any claim we bring against you as co-principal debtors and it is hereby acknowledged that you are familiar with and fully understand the meaning and effect of all the exceptions and defences mentioned above.
       
9. LIABILITY
9.1 We shall not be liable to you for any damage or loss, which you suffer if:
  9.1.1 any person gains unauthorised access to the Cardmember card, your card number, your account, your PIN or your card facility or any information in respect thereof;
  9.1.2 there is a delay, failure or malfunction of any ATM or SST or other device (electronic or manual) you use to make transactions with the Card; or
  9.1.3 any person gains unauthorised access to any information or data (whether correct or incorrect).
       
 

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