1. DEFINITIONS In these Terms and Conditions, the following terms shall have the following meanings: (a) “Account” means any account, single or joint, opened and maintained by the Customer for which the Customer requests the Bank for the Services and which account has been accepted by the Bank for availing of the Services; (b) “Alerts” means the customized messages sent by the Bank via SMS over the Customer’s mobile phone; (c) “Customer(s)” means the person(s) who holds an Account with the Bank; (d) “Services” means the SMS banking services offered by the Bank to the Customer(s) for access to information of their respective Accounts as may be prescribed by the Bank from time to time and usage of products and/or services as may be made available by the Bank from time to time; (e) “Mobile Phone Application” means an application that may be provided to the Customer by the Bank for installation by the Customer on his mobile phone which shall enable the Customer to avail the Services in a unique format; (f) “MSP” means any mobile service provider through whom the Customer receives the mobile services as notified by the Bank from time to time; (g) “PIN” means the 4 digit number as provided by the Customer for authentication / verification by the Bank of his / her identity which the Customer shall be able to use to obtain a range of financial information as determined by the Bank related to his/her relevant Account(s) in connection with the Services;
(h) “SMS” means short messaging service provided by MSP. 2. AVAILABILITY OF SERVICES 2.1 The Customer acknowledges that the Services may be discontinued at any time by the Bank without any prior notice for any technical reason since the Bank is dependent on third party service provider and the MSPs for the provision of the Services to the Customer. 2.2 The Bank may wherever feasible utilize the service of any MSP for the Services from time to time. 2.3 The Customer assumes full responsibility for the security and confidentiality of his / her mobile phone, mobile phone number and PIN to be used for gaining access to his/her Account(s) through the use of his/her mobile phone. 2.4 The features of the Services may be extended by the Bank to any other accounts, products and / or services being offered by the Bank or otherwise at the sole discretion of the Bank from time to time. 2.5 The Bank also reserves the right to make any additions or deletions in the features offered under the Services at any time, however, Bank shall be obliged to notify the Customer, at least one week before the actual date of the addition or deletion of features in the Services, through SMS and notices posted on the Bank’s website and displayed in the branches.
3. CUSTOMER OBLIGATIONS 3.1 The Customer is duty bound to acquaint himself with the detailed process for using the Services and the Bank is not responsible for any errors / omissions by the Customer. 3.2 The Customer acknowledges that the Services will be implemented in a phased manner and the Bank may at a later stage, as and when feasible, add more features to the Services. The Bank may, at its discretion, from time to time change the features of any Alerts / Services. The Customer will be solely responsible for keeping himself updated of the available Services, which shall be notified by the Bank through its website or through any other legally recognized medium of communication. 3.3 The processing of registration and activation of Services shall require a minimum of 7 days from the date of submission of request for activation by the Customer and acknowledgement of acceptance of these Terms and Conditions. 3.4 The Bank is not bound to acknowledge the receipt of any query, instructions nor shall it be held responsible to verify any instructions. The Bank shall endeavor to provide instructions on a best efforts basis wherever it is operationally possible for the Bank. 3.5 The Customer is solely responsible to inform, in writing, to the Bank of any change in his mobile phone number. In the event the Bank is not informed of the change in the mobile phone number of the Customer the Bank will not be liable to send any Alerts or other information over to the Customer’s new mobile phone number in any way whatsoever. If the Bank keeps on sending Alerts or other information to the Customer’s old mobile phone number on account of not having been informed by the Customer of his/her new phone number then the Customer shall be liable to pay the applicable fee for the Services made available by the Bank on the old mobile phone number and the Bank shall have no responsibility whatsoever if any details of the Customer’s Account(s) are disclosed to any other person using the old mobile phone number. 3.6 The Customer acknowledges that the provisions of Services is dependent on the telecommunications infrastructure, connectivity and services within Pakistan. The Customer accepts that timeliness of Alerts sent by the Bank will depend on factors affecting the telecommunications industry. Neither the Bank nor its Service Providers shall be liable for non-delivery or delayed delivery of Alerts, error, loss, distortion in transmission of and wrongful transmission of Alerts to the Customer. 3.7 The Bank shall endeavor to provide the Services on a best efforts basis and the Customer shall not hold the Bank or its employee(s) responsible / liable for non-availability of the Services or any loss or damage caused to the Customer as a result of use or discontinuation of the Services (including relying on the Alerts for the Customer’s investment for business purposes). The Bank or its Service Providers shall not be held liable in any manner to the Customer in connection with the use of the Services. 3.8 The Customer accepts that each Alert may contain certain Account information relating to the Customer. The Customer authorizes the Bank to send Account related information, though not specifically requested, if the Bank deems that the same is relevant. 3.9. The Customer must keep the SIM card and his/her mobile phone in secure / safe custody at all times. The Customer shall be solely responsible for any consequences in case the Customer fails to adhere to the above and / or in case of any unauthorized use of his/her mobile phone or SIM card. 3.10 By agreeing to these Terms and Conditions, the Customer accepts the option to use any of the enhanced features to be added to the Services, as and when they are made available by the Bank, which may include but not be limited to; transferring of funds, making bill payments etc. Upon the Bank offering such services, the Customer shall be advised of the fees chargeable for such services. Such enhanced features may be charged by the Bank separately on a per transaction basis or otherwise as determined by the Bank).
3.11 The Customer hereby authorizes the Bank to act on any instructions which is identified and deemed to have been originated by the Customer whether through use of the Customer’s PIN and / or any other appropriate mode of identification that may be used for the Services at the Bank’s discretion and this instruction shall be deemed to be correct, valid, irrevocable and binding on the Customer upon receipt by the Bank, and the Bank shall not be liable for acting on such instructions that are ultimately found out to have been passed on by someone else using the Customer’s PIN and mobile number.
3.12 The Customer shall inform the Bank immediately in the event of his / her mobile phone being lost/stolen and/or surrendering/discontinuing use of the MSP’s mobile connection. 4. ADDITION AND WITHDRAWAL OR TERMINATION OF SERVICES 4.1 The Bank reserves the right to introduce additional features to the Services. The Bank reserves the right to send messages to the registered mobile phone numbers regarding its products, services or any related matter. 4.2 The Bank may, in its discretion, withdraw temporarily or terminate the Services, either wholly or in part, at any time. The Bank may, without prior notice, suspend temporarily the Services at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the temporary suspension of the Services.
4.3 Notwithstanding the terms laid down in clause 4.2 above, either the Customer or the Bank may, for any reason whatsoever, terminate the Services at any time upon prior written notice. All obligations existing before termination shall, however, survive the termination of the Services. 5. FEES 5.1 The Bank shall, on a monthly basis, charge a fee for use of the Services, under a notice to the Customer through any medium available. In this connection, the Customer hereby specifically authorizes the Bank to debit any of the Customer’s Account (s) with the Bank.
5.2 The Customer, shall be liable for payment of airtime or other charges that may be levied by the MSP in connection with the receiving of the Alerts, which may be levied by the MSP as per the terms and conditions of the MSP.. 6. DISCLAIMER 6.1 The Bank or its employee/contractual staff will not be liable for: (a) any unauthorized use of
(i) the Customer’s PIN; or (b) acting in good faith on any instructions received by the Bank; (c) error, default, delay or inability of the Bank to act on all or any of the instructions; (d) loss of any information / instructions / Alerts in transmission; (e) unauthorized access by any other person to any information / instructions given by the Customer or breach of confidentiality; 6.2 The Bank shall not be concerned with and will not be held liable for any dispute that may arise between the Customer and the MSP and the Bank makes no representation or gives no warranty with respect to the quality of the service provided by the MSP or guarantee for timely delivery of the contents of each Alert. 6.3 The Bank shall not be held liable for any disruption or failure in provision of mobile telecommunication services by MSP. The Customer agrees that any complaint in connection with the failure of mobile telecommunication services shall be referred, for redress, to the MSP. 6.4 The Bank shall not be held liable for any loss of information or damage caused to the Customer’s mobile phone as a consequence of installing Mobile Phone Application.
6.5 The Bank shall not be liable nor shall accept any liability in any manner whatsoever to the Customer or anyone else for any damage, loss or injury caused directly or indirectly through any information or data contained in any Alert or SMS from the Bank to the Customer. In particular the Bank expressly disclaims any and all warranties in respect of the technical soundness, fitness or suitability of the Services or its use or use of any software or application provided by the Bank, whether express or implied. In case of any damage to the mobile phone or any data, software or application of the Customer due to use of the Services on account of any virus, bug or defect of whatsoever nature or otherwise for any other cause, it shall be the sole responsibility of the Customer and DIBPL disclaims any and all liability or warranty in this respect. 7. DISCLOSURE
The Customer accepts that all information /instructions that will be transmitted to and from the Customer may be stored at various locations by the Bank and accessed by personnel of the Bank (and its affiliates). The Bank is authorized to provide any information or details relating to the Customer or the Account to the MSPs or any other service provider insofar as it is necessary to give effect to any of the instructions or for provision of better services under the Services. 8. LIABILITY AND INDEMNITY
The Customer shall indemnify and keep the Bank and its officers, employees, staff, directors, affiliates and assigns free and harmless from and against all liabilities, losses, claims and damages arising from negligence, fraud, collusion or violation of the terms of this Services on the part of the Customer and/or any third party. In addition, the Bank shall not be liable for any expense, claim, loss or damage arising out or in connection with this agreement including but not limited to electrical, computer or mechanical failures. 9. AMENDMENT
The Customer hereby agrees that the Bank may amend these terms and conditions from time to time for which the Bank shall be bound provide the Customer with a reasonable notice with regard to the proposed amendments and upon acceptance of the same by the Customer the amendments shall be binding on both the Parties. 10. CONSENT The Customer hereby consents to abide by the above terms and conditions, governing the Services.
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