1. DEFINITIONS AND INTEPRETATION
1.1 In this Agreement, the following definitions shall have the following meanings.
"Account"
means any one or more Bank accounts operated by the Customer through which the Customer may access an UCB Electronic Banking Service.
"Agreement"
- (i) these General Terms and Conditions including the User Guides.
- (ii) any policy statement or certificate relating to the provision of any Service; or in such other manner as the bank may permit from time to time.
- (iii) each application form
- (iv) any addendum or other supplemental agreement agreed between the Bank and a Customer varying the terms of this Agreement.
"Alert"
means a customized message sent by the Bank to a Customer through short message service I text ("SMS") to a customer’s mobile phone, email, Fax or any other
model of electronic communication.
"Available Balance"
means the amount {excluding any unconfirmed credit) In an Account which can be withdrawn by a customer.
"Bank"
means Uchumi Commercial Bank Limited incorporated in Tanzania as a limited liability company under the Companies Act (Cap 212 of the Laws of Tanzania)
and includes such Branch or Subsidiaries of the Bank as may from time to time be by the Bank to the Customer. Reference to the
"Banking day"
means a day on which the counters of the Branch and/or Subsidiary (as applicable) are open for the transaction of ordinary business.
"Branch"
means a branch or branches of the Bank which may from time to time be specified by the Bank to the Customer.
"Customer"
means the person(s) whose name(s) is/are specified as such in the application form and whose details are as recorded with the Bank with respect to the
Bank account to which the UCB Digital Banking Services apply.
"Deposit Account"
means any Bank account with a credit balance.
"Designated Mobile Phone Number"
means the mobile phone number specified in paragraph 4.2 of this Agreement.
"Electronic Access Device"
means a computer, telephone, cell phone, smart phone, personal digital assistant or any other electronic device, including any wireless devices,
used by a customer to access any of the UCB Digital Banking Services offered by the Bank.
"UCB Digital Banking Service"
means any one or more of a range of services offered by the Bank through Electronic Channels whereby the Bank enables a customer to obtain banking
and other services by use of an Electronic Access Device. UCB Digital Banking Services include the Mobile Banking Service and Internet Banking Services.
"Digital Channel"
means any electronic system, hardware, software, medium or channel (including telephone, website), whether Internet based or not, put in place by the
Bank to enable the Bank's Customers access and utilize banking and other services provided by the Bank through the UCB Electronic Banking Service platform.
"E-statements"
means the electronic record prepared by the Bank from time to time reflecting the number and nature of transactions being made in and out of the account.
"Instructions"
means a request or instruction issued by a Customer to the Bank through an Electronic Access Device and which, when received by the Bank, is deemed to
have been properly issued by the customer, and on which the Bank is authorized to act.
"Internet Banking Service(s)"
means the Electronic Banking Service specified in paragraph 3.1 of this Agreement.
"Internet Service Provider"
means a provider of internet connectivity services retained by the Customer and through whose internet platform/network the Customer is able to communicate
with the Bank and utilize the internet Banking Services.
"Log-in information"
means a Username, Password and/or Personal Verification Question and/ or any other information that the Customer must enter to access the Internet Banking Services.
"Loss"
means any losses, damages, proceedings, penalties, claims, liabilities, costs (including legal costs) and expenses of any kind.
"Mobile Banking Service(s)"
means the Electronic Banking Service specified in paragraph 4.1 of this Agreement.
"Mobile Banking Service Provider"
means a provider of mobile network services retained by the Customer and through whose telephone network the Customer is able to communicate with the Bank for purposes
of utilizing any of the Mobile Banking Services.
"Nominated User(s)"
means the representative or representatives of the Customer authorized by the Customer to hold and/or change (where applicable) the PIN, Username, Password and/or
Personal Verification Question and hence to access and use the UCB Electronic Banking Service on behalf of the Customer.
"Password"
means a numeric/ alpha numeric secret code initially provided to the Customer by the Bank and which the Customer may with authority from the Bank or at the express
request of the Bank modify from time to time. The password is to be used by the Customer together with a Username and/or Personal Verification Question to access
one or more of the electronic: Banking Services and use of the Password shall enable the Bank to authenticate I verify the identity of a Customer when the Customer
is accessing an electronic Banking Service.
"Personal Verification Question(s)"
means a question and/or answer that a customer may be required to choose and/or provide answers to when prompted, and to be used by the Bank to enable the Bank
to confirm that it is the Customer or the Nominated User that is accessing the Digital Banking Services.
"PIN"
means the secret four (4) digit code known only to the or Nominated User to be used by the Customer to access one or more of the UCB Digital Banking Services,
particularly the Mobile Banking Services, and through which the Bank is able to authenticate/verify the identity of' Customer when the Customer is accessing an
UCB Electronic Banking Service.
"Tariff"
means the Bank's schedule of costs and charges payable by the Customer to the Bank, as published from time to time, for the provision of the Bank's products
and services including but not limited to costs and charges levied by the Bank for an UCB Electronic Banking Service.
"Third Party Provider"
Third Party" and/or "means a party other than the Bank or the Customer that is involved in the provision and/or use of the UCB Digital Banking Services
including but not limited to Mobile Service Providers, Internet Service Providers, utility providers, hardware and/or software providers, agents, recipients, etc.
"Username"
means a unique combination of numbers and/or letters that are selected by the Customer and/or the Bank which identify the Customer and are used by the Customer to
access the internet Banking Service. The Username must be provided together with a Password to enable a customer-or access the Internet Banking Service.
"User Guides"
means the operating and procedural guides or manuals, or technical specifications provided or otherwise made available to a customer in connection with any
Digital Banking Services including any updates of the same.
1.2 in this Agreement.
- 1.2.1 references to "the Customer" shall, where the context so, admits, include the Customer’s successors in title.
- 1.2.2 where "the Customer'' is more than one person, references to "the Customer" shall include all and/or any of such persons and the obligations of the Customer shall be joint and several.
- 1.2.3 words in the singular shall in dude the plural and vice versa and words importing any gender shall. Include all other genders.
- 1.2.4 “person" shall include a body of persons, corporate or incorporate.
- 1.2.5 references to paragraphs and subparagraphs shall mean paragraphs and subparagraphs of this Agreement.
- 1.2.6 The Customer's use of the UCB Electronic Banking Service is also governed by the applicable current, savings, term and call and overdraft accounts agreement(s), if any, and the Bank’s General Terms and Conditions which the Customer has already signed.
2 DIGITAL CHANNELS AND MATERIALS
2.1 The Bank may maintain Digital Channelto provide the Customer with information about the Bank's services and products, to enable the
Customer to access the Digital Banking Services,and to facilitate communication with the Bank.
2.2 Any Customer wishing to access Digital Banking Service shall be required to fill out and sign an application form for the UCB Digital
Banking Service that the Customer wishes to obtain which form shall be submitted to the Bank for acceptance in the Bank’s sole discretion.
2.3 If the Bank formally approves the Customer's application, the Customer will provide the Bank with a unique PIN and/or
Password known only to the Customer as well as a Username and Log-In information, and only then shall the Customer be permitted use of the
Digital Banking Service. The PIN and/or login information will form a unique link to each specific Customer's profile(s).
2.4 Further services and products may be added to the UCB Digital Banking Services platform and profiles for other services from time
to time created by the Bank. The Bank reserves the right to modify, replace and/or withdraw any service and/or profile at any
time, without incurring any liability whatsoever to the Customer howsoever arising. The Bank shall give post notification to the Customer
providing reasons for modification of the UCB Digital Banking Services.
2.5 If the Customer wishes to access Digital Banking Service, the Customer will be required to read and accept in writing the terms and
conditions of this Agreement and the Customer's or Nominated User's subsequent use of the UCB Digital Banking Services constitutes the
Customer's agreement to all such terms and conditions.
3 PARTICULARS OF THE INTERNET BANKING SERVICE
Definition
3.1 The Internet Banking Service is a Digital Banking Service offered by the Bank through its website and accessed by any Customer with a
Digital Access Device capable of accessing the Bank’s website through an Internet Service Provider. Identification, Access and Use
3.2 A Customer will be granted access to the Internet Banking Service upon the successful input and upload by a Customer or a Nominated
User of the following log-in information to the Bank's website:
- a) Username.
- b) Password; and
- c) Personal Verification Question (when prompted by the Bank
3.3 Once the Identification characteristics outlined in clause 3.2 above are inputted into an Digital Access Device and received by the Bank
the identification characteristics shalt be deemed to be sufficient proof of identity of the Customer and for this reason, the Bank may permit the
Customer or a Nominated User to make enquiries or to receive information and correspondingly to execute instructions placed by the Customer or a
Nominated User within the framework and scope of the selected authorization without making further checks or verifying actual identity of the
actual user and without incurring any liability whatsoever to the Customer about such instructions
3.4 The Bank shall moreover retain the right, at any time and without specifying reasons, to refuse to provide information or to accept
instructions issued via the Internet and/or suspend the Internet Banking Services and may insist that the Customer proves their identity by other means
including but not limited to the use of the original signature or by a personal appearance.
3.5 Instructions Issued to the Bank by a Customer or a Nominated User through the Internet Banking System shall be considered to have been drawn up,
authorized and sent by the Customer, irrespective of restrictions about the internal relationship between the Customer and a Nominated User. The Bank
shall consequently properly fulfil its obligations if it obeys the orders which it receives within the framework of the Internet Banking Service based
on a correct identity check under paragraph 3.2 herein
3.6 The Customer undertakes to unreservedly recognize all the transactions recorded on the Customer's accounts
which shall have been performed by use of the Internet Banking Service using the Customer or Nominated User's
identification, in particular without a written order, regardless of whether or not the Instructions to undertake
the transactions have been issued by the Customer. Execution of Instructions
3.7 The Customer may use the Internet Banking Service at all times subject to the availability of an applicable Digital
communications system. The execution by the Bank of the Instructions given by the Customer or a Nominated User through
the Internet Banking Service shalt, however, be dependent on whether the same may only be undertaken on normal Banking
Days and, further, on the institutions and systems involved in the execution of the Instruction. For example, an instruction
to pay a bill made through the Internet Banking Service may be dependent on the capacity of the third party receiving the
payment to accept the same.
3.8 Instructions shall be placed using the transmission of corresponding data into a Digital Access Device. Once an instruction is received by
the Bank’s Digital Channels then it shall only be revoked by the Customer or Nominated User in writing and shall only be possible if the
revocation is made before that instruction has been executed by the Customer requests the Bank to cancel any Instruction after it has been acted
upon by the Bank, the Bank may at its absolute discretion cancel such Instruction but shall have no obligation to do so and the Customer shall be
liable for any and all claims made against the Bank in respect of any such cancelation and shall keep the Bank fully indemnified in respect thereof.
3.9 Unless otherwise stated, confirmation by the Bank of receipt of an instruction issued by the Customer or a Nominated User through the
Internet Banking Service shall not serve as confirmation of execution of the Instructions.
3.10 The Customer or a Nominated User must check that all data to be provided in respect of an Instruction by the Customer or Nominated User
is complete and accurate before sending the same. Responsibility for the data sent by the Customer or the Nominated User shall at all times remain
with the Customer. The risk of misallocation of funds or return brought about by the input of incorrect or incomplete data shall be borne by the Customer.
In any event, the Bank shall be entitled to accept and to act upon any Instruction, even if that Instruction is otherwise for any reason incomplete or
ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the Instruction without reference
to the Customer being necessary.
3.11 The Bank may decide to accept any Instructions issued through the Internet Banking Service insofar as the authenticity thereof is not sufficiently verified
to the satisfaction of the Bank.
3.12 Communications and Instructions sent by the Customer to the Bank through the Internet Banking Service must not contain any Instructions which are subject to deadlines in this
regard the Bank shall not accept any liability for Instructions which are not executed within any deadline (irrespective of the nature thereof) or losses arising therefrom and the
Customer shall indemnify and continue to indemnify and hold the Bank harmless against any claims anddemands (and all costs and expenses inconnection therewith) whatsoever arising
therefrom Internet Risk
3.13 The Customer in particular acknowledges the following risks and shall, to the exclusion of the Bank, take such precautions as may be necessary to control and or mitigate the
same:
- 3.13.1 The Bank does nether provide unrestricted access to the respective Internet Banking Services nor is it able to assure the unrestricted utilization thereof. Likewise, the Bank does not assure the unrestricted operational readiness or security of the internet
- 3.13.2 Insufficient system knowledge and inadequate security precautions by the Customer or Nominated User may facilitate unauthorized access (eg inadequately protected storage of data on the hard disk, data transfers, monitor radiation, etc.). The Customer shall be solely responsible for informing himself and the Nominated User about the necessary security precautions in detail,and for adhering thereto
- 3.13.3 There is a latent risk of a third party secretly being able to obtain access to the Digital Access Device of a Customer while the same is connected to the Internet.
- 3.13.4 There is always a risk of viruses spreading to the Digital Access Device of a Customer as a result of the use of the internet, networks or Digital data carries So-called virus scanners (anti-viruses) may be able to help the security precautions of the Customer and the deployment thereof is strongly recommended by the Bank
- 3.13.5 The use of unlicensed software or software from untrustworthy sources increases risks and it is therefore important that the Customer works only with licensed software obtained from trustworthy sources.
4 PARTICULARS OF THE MOBILE BANKING SERVICE
Definition
4.1 The Mobile Banking Services is a Digital Banking service made possible by use of a Mobile Service Provider through which the Customer or a Nominated User is able to
communicate with and receive banking and other services from the Bank by use of a mobile phone. Identification, Access and Use
4.2 To enable a Customer to access a Mobile Banking Service, the Customer shall be required to provide the Bank with one (1) Designated Mobile Phone Number which shall be
used by the Customer or the Nominated User to access the Customer's account profile.
4.3 Access to the Mobile Banking Service shall be granted to the Customer or Nominated User by the Bank on the successful input or upload by a Customer or a Nominated User
of the PIN provided to or created by the Customer and is predicated on the same being received by the Bank's Digital Channels and being verified by the Bank to have been
uploaded through the Customer's Designated Mobile Phone Number.
4.4 Once the PIN is successfully uploaded to the Bank's Digital Channels through the Customer's Designated Mobile Phone Number the same shall be deemed to be sufficient proof of
identity of the Customer or the Nominated User and for this reason, the Bank may permit: the Customer or the Nominated User to make enquiries or to receive and correspondingly to
execute instructions placed by the Customer or the Nominated User within the framework and scope of the selected authorization without making further checks and without incurring
any Liability to the Customer about such instructions
4.5 The Bank shall moreover retain the right to at any time and without specifying reasons refuse to provide information or to accept Instructions given through the Mobile Banking
Service platform and/or suspend the Mobile Banking Services and which are necessary the Bank may insist that the Customer or the Nominated User proves their identity by other
means including but not limited to the use of the original signature or by a personal appearance.
4.6 Instructions issued to the Bank by a Customer, or the Nominated User through the Mobile Banking Services platform shall be considered to have been drawn up, authorized and
sent by the Customer, irrespective of any restrictions about the internal relationship between the Customer and a Nominated User. The Bank shall consequently property fulfil its
obligations if it obeys the Instructions which it receives within the framework of the Mobile Banking Service based on a correct identity check under paragraph 4.3 herein.
4.7 The Customer undertakes to unreservedly recognize all the transactions recorded on the Customer's accounts which have been performed by use of the Mobile Banking Service using the
Customer or Nominated User's identification, in particular without a written order, regardless of whether or not the Instructions to undertake the transactions have been issued by the
Customer
Execution of Instructions
4.8 The Bank is hereby irrevocably authorized by the Customer to act on all Instructions received and accepted by the Bank from the Customer or Nominated User (or purportedly from them)
that are to be affected through the Customer's Mobile Banking Service and to hold the Customer liable thereof notwithstanding that any such instructions are not authorized by the
Customer or Nominated User. If the Customer requests the Bank to cancel Instruction after it has been received by the Bank from the Customer or Nominated User, the Bank may at Its
absolute discretion cancel such instruction but shall have no obligation to do so, and the Customer shall indemnify and continue to indemnify and hold the Bank harmless against
any claims and demands (and –all costs and expenses in connection therewith) whatsoever arising therefrom.
4.9 The Customer or Nominated User must check that all data to be provided in respect of an instruction by the Customer or Nominated User is complete and accurate before sending the same
Responsibility for the data sent by the Customer or the Nominated User shall remain with the Customer and/or Nominated User and the risk of mis-allocation of funds or return brought about
by the input of incorrect or incomplete data shall be borne by the Customer. In any event, the Bank shall be entitled to accept and to act upon any Instruction, even if that Instruction
is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the Instruction
without reference to theCustomer being necessary.
4.10 Unless otherwise stated, confirmation by the Bank of receipt of instructions issued by the Customer or Nominated User through the Mobile Banking Service shall not serve as confirmation
of execution of the Instructions.
5. TRANSACTIONS CAPABLE OF BEING CARRIED OUT THROUGH UCB DIGITAL BANKING SERVICE
5.1 Depending on the UCB Digital Banking Service subscription applied for by the Customer and approved by the Bank, the services provided and/ or the transactions that a customer or
Nominated User can perform may vary.
5.2 The Bank may offer the UCB Digital Banking Services features and/or functionalities either individually or collectively as a bundle or as specifically advised by the Customer in the
application form and shalt publish tariffs for the various UCB Digital Banking Services so offered to the Customer_ In this regard, the Customer may subscribe for specific services
and/or transaction types and the Customer's profile shall be customized to allow performance of only those services subscribed for.
5.3 The Bank shall retain the right at its sole discretion to add to, modify, remove and/or suspend any features and/ or functionalities of any UCB Digital Banking Service extended
to the Customer and, where such features and/or functionalities are offered collectively as a bundle, the Bank reserves the right to modify the bundled service or move the Customer
from one bundle to another or from one Tariff to another without incurring any liability whatsoever to the Customer in connection therewith. The Bank shall give post notification to
the Customer providing reasons for change in the Services.
6. LIMITS ON THE UCB DIGITAL BANKING SERVICE TRANSACTIONS
6.1 The Customer may use an applicable subscribed UCB Digital Banking Service to transfer or effect payment for any amount as long as the transaction with its associated charges does
not cause the available balance in the deposit account to be less than zero unless the Customer has either an overdraft facility for the affected deposit account or a term deposit
account pledged with the Bank to cover excesses that may arise in the affected deposit account from time to time In which case the Customer agrees and authorizes that the two accounts
be\linked in the Bank's Digital Channels for that purpose
6.2 If the Customer has an overdraft facility linked to the payment deposit account, the transfers and/or Digital bill payments using the UCB Digital Banking Service should not exceed
the approved overdraft facility amount.
6.3 Payments authorized by the Customer or Nominated User and made by the Bank for and/or through a Third-Party Provider, for example cell phone-based money transfers, shall be governed
by the terms and conditions noted herein and shall be subject to all enabling and supporting agreements for the provision of the third-party service with the Third-Party Provider that
the customer will be a party to at all times.
7. SERVICE CHARGES
7.1 The Customer shall pay or procure the payment of the Bank's tariffs, fees and charges (including any cancellation fees or termination charges) for providing the UCB Digital Banking
Services and any software and materials specially provided or licensed by the Bank to the Customer at Its request in addition to the normal transaction service charges applicable to
various transaction types as advised by the Bank from time to time and the Customer hereby agrees and authorizes the Bank
- (i) to debit the Customer's account with the amounts of the transactions effected via any Digital Banking Services; and
- (ii) debit the Customer's account with the amount of any fees applicable to the affected UCB Digital Banking Service from time to time.
7.2 The Customer, whenever applicable, shall pay any tax chargeable upon any sums payable by the Customer to the Bank and also any other charges or duties levied on the Customer or
the Bank by any governmental or statutory body relating to the provision of the Digital Banking Service and authorizes the Bank to debit the Customer’s account with the amounts thereof.
7.3 The Bank is hereby irrevocably authorized from time to time to debit any amounts payable by the Customer under the provisions of sub-paragraphs 7.1 and/or 7.2 against any
account in any currency maintained by the Bank, the Branch and/or the Bank subsidiaries (as applicable) in the name of the Customer, In addition to the fees payable under this
Agreement.
7.4 All charges and fees charged by the Bank shall be in accordance with the Bank’s Tariff Guidelines published in local Newspapers from time to time and displayed at the Banking Hall.
8. TERMS APPLICABLE TO ALL INSTRUCTIONS ISSUED FOR THE TRANSACTIONS CARRIED OUT ON THE UCB DIGITAL BANKING SERVICE PLATFORM
8.1 To carry out any Instruction to affect a transaction, the customer:
- 8.1.1 Authorizes the Bank to, where necessary, transmit payment instructions on the Customer's behalf and to act for these purposes as an instructing financial institution. The Customer acknowledges that the Bank will be acting as the Customer's agent to transmit or procure the transmission of any such Instructions and that any bank or third party being the recipient of any such instructions shall be authorized and entitled to act upon them as if they had been given directly by the Customer to such recipient, and
- 8.1.2 agrees to authorize any relevant Third Party to provide account and other information to the Bank
8.2 The Customer agrees with the Bank that
- 8.2.1 the Bank is authorized to record all telephone conversations made between the Bank and the Customer or Nominated User in writing or by tape/digitally or other means as the Bank may determine.
- 8.2.2 where any Instruction is given by fax, email or SMS followed by delivery of the original Instruction, the fact that the same had been given by fax, email or SMS and the date of the facsimile shall be annotated on the original copy (where possible). In the absence of such annotation, the Customer agrees that the Bank shall not be liable for any consequences including (without limitation), in the case of payment Instructions, any losses arising from any duplication of payment or fund transfer, and
- 8.2.3 As between the Bank and the Customer, and in the absence of manifest error, the Bank’s records (whether in paper, Digital. data or other form) of each Instruction or other communication with the Customer shall be prima facie evidence in the absence of proof to the contrary of the fact of receipt or nonreceipt of such instruction or communication and the contents of an Instruction or communication.
8.3 In the event of any conflict between any terms of any request from the Customer and the terms of this Agreement, the terms of this Agreement shall prevail.
8.4 The Bank shall not be obliged to accept or to act upon any instruction if to do so would require access to, action by, or information from the Branch, or any
subsidiary or the Bank located in any jurisdiction where it is not a Banking Day at the relevant time when such access, action or information is required or would
cause a breach of any existing mandate facility limit or agreement between the Bank, the Branch and/or any subsidiary of the Bank (as applicable) and the
Customer. If the Bank does accept or act upon any such Instruction, the Customer shall remain liable thereof
9. CUSTOMER'S RESPONSIBILITIES
9.1 The Customer shall at his/Its own expense provide and maintain in a safe and efficient operating order such Digital Access Devices and other hardware, software and
facilities (including access to any public telecommunications systems), and any communications network (hereinafter collectively referred to as "the Facilities")
necessary for accessing the Digital Channel and/or the Digital Banking Services the charges and fees applicable to the Customer's Accounts shall apply.
9.2 The Customer shall be responsible for ensuring proper performance of the Facilities including: any losses or delays that may be caused by a Third-Party Provider supplying the
Customer with any of the Facilities. The bank shall neither be responsible for any errors or failures caused by any malfunction of the Facilities, nor shall the Bank be responsible
for any virus or related problems that may be associated with the use of the Customer's Digital Access Device.
9.3 The Customer shall be responsible for charges due to any Third-Party Provider providing the Customer with any of the Facilities, for example, connection to the internet, and the
Bank shall not be responsible for losses or delays caused by any such Third-Party Provider.
9.4 The Customer and/or Nominated User shall abide by any applicable laws, rules and regulations necessary to have access to and use of the UCB Digital Banking Services and shall
ensure that all persons the Customer allows to have access to the Facilities shall comply with all laws and regulations applicable to the use of the Digital Banking Services and
follow all instructions, procedures and terms contained in this Agreement and any document provided by the Bank concerning the use of the Digital Banking Services
9.5 The Customer and/or Nominated User shall prevent any unauthorized access to or use of the Digital Banking Services by way of keeping their Password, PIN, and/or log-in Information
a secret at all times. The Customers shall ensure that the Password, PIN and/or Log-in information does not become known or come into the possession of any unauthorized person.
9.6 The Customer and/or Nominated User shall take all reasonable precautions to detect any unauthorized use of the Customer or Nominated User's Digital Access Device and/or the
Customer's Digital Banking Services To that end, the Customer shall ensure that all communications from the Bank are examined and checked by or on behalf of the Customer as soon
as practicable after receipt by the Customer in such a way that any unauthorized use of and access to the Customer and/or Nominated User's Digital Access Device and/or UCB Digital
Banking Services will be detected.
9.7 The Customer and/or Nominated User shall immediately inform the Bank by telephone with a written confirmation sent the same day if ·
- 9.7.1 The Customer and/or Nominated User has reason to believe that their Password, PIN and/or Log-in Information is or may be known to any person not authorized to know the same and/or has been compromised; and/or
- 9.7.2 The Customer and/or Nominated User has reason to believe that unauthorized use of the Digital Banking Services has or may have occurred or could occur and/or a transaction may have been fraudulently input or compromised.
9.8 The Customer and/or Nominated User shall not send or attempt to send any Instruction to the Bank through their Digital Access Device if the Customer or Nominated User has reason to
believe that for any reason such instruction may not be received by the Bank or may not be received accurately and intelligibly
9.9 The Customer and/or Nominated User shall at all times follow the security procedures notified to the Customer by the Bank from time to time or such other procedures as may apply to
the UCB Digital Banking Services from time to time; The Customer acknowledges that any failure on the part of the Customer and/or Nominated User to follow the recommended security
procedures may result in a breach of the Customer's prattle confidentiality and may lead to unauthorized transactions in accounts linked to the Customer's UCB Digital Banking Service
subscription with the Bank. In particular, the Customer shall ensure that the UCB Digital Banking Services are not used and/or Instructions are not issued and/or the relevant functions
are not performed by anyone other than a person authorized to do so.
9.10 The Customer and/or Nominated User shall not at any time Operate and/or use the UCB Digital Banking Services in any manner that may be prejudicial to the Bank
9.11 The Customer shall be responsible for the Customer and/or Nominated User's acts and omissions in the use of the UCB Digital Banking Service and the Bank shall not be responsible
for any direct or indirect loss that arises therefrom.
9.12 The Customer shall keep the Bank indemnified against any loss whatsoever howsoever and whenever arising from any breach by the Customer or Nominated User of this clause 9.
10. EXCLUSION OF LIABILITY
10.1 The Bank will not be responsible or liable
for:
- 10.1.1 any indirect or consequential losses or economic loss or loss of profit or business incurred by the Customer in connection with use of the UCB Digital Banking Services notwithstanding the Bank's awareness of the possibility or likelihood of the Customer incurring the same.
- 10.1.2 any loss in connection with any unforeseeable acts or omissions or neglect acts on the part of Third Parties or any Third-Party Providers retained by the Bank.
- 10.1.3 any losses arising in connection with the Bank acting upon instructions sent by the Customer and/or Nominated User or because of the Bank failing or refusing to so act if, acting in good faith, in the Bank's opinion there is or are reasonable ground(s) for such failure or refusal (other than as caused by gross negligence or willful default on the part of the Bank);
- 10.1.4 any loss suffered by the Customer where the Digital Banking Services are interfered with or are unavailable because of (a) any industrial action, (b) the failure of any of the Customer's Facilities, or (c) any other circumstances whatsoever not reasonably within the Bank's control including, without limitation, force majeure or error, interruption, delay or non-availability of the Digital Channels, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system. However, the Bank, upon learning of its failure to perform any of its obligations as set out hereunder, due to matters beyond its reasonable control, shall provide reasonable notice to the customers.
- 10.1.5 any losses caused as a result of or in connection with any laws or regulations of countries where transactions are settled or cleared and/or any exchange control. Restrictions or other governmental regulations (for example anti-money laundering regulations) which are imposed from time to time unless caused by the Bank’s breach of such laws and regulations.
-
10.1.6 any losses suffered by the Customer because of
- 10.1.6.1 The shut-down or delay in the availability of a Customer's Mobile Service Provider, Internet Service Provider or other Third-Party Provider
- 10.1.6.2 Any viruses, Trojan horses, worms, logic software, other bombs or other similar programs or routines (including hacking) affecting any Website, Digital Channels, the Customer's Facilities; or
- 10.1.6.3 Incomplete messaging or sending of Instructions.
- 10.1.7 any damages or losses arising from unauthorized access to any UCB Digital Banking Service by a third party using the Customer's Password, PIN and/or login Information, unless prior notification from the Customer has been received by the Bank stating that no further access to the relevant Service shall be granted to any person, using such PIN and/or log-in Information which notification shall have effect either from
- 10.1.8 the consequences of any misuse of any Digital Access Device and/or Digital Channel by the Customer and/or Nominated User, or the Customer and/or Nominated User's use of any Digital Channel or Third-Party Provider not approved for and/or related to provision of any of the UCB Digital Banking Services.
10.2 Any other Limitation of liability contained in any other agreement between the Customer and the Bank, law, rules and/or regulations shall be in addition to and shall not
derogate from the above. The Bank undertakes to advise the Customer on the relevant laws and/or regulations binding upon them before signing these terms and conditions.
10.3 Without prejudice to clause 10.1 above, the Bank's maximum aggregate liability to a Customer for any claim arising from or in connection with the use of any of the UCB Digital
Banking Services shall be limited to the aggregate amount of service charges or Tariffs paid by the Customer for the relevant Digital Banking Services in the three months preceding
such claim.
10.4 The Customer hereby acknowledges and agrees that whilst the Bank will use all reasonable endeavours to ensure that all financial information available through the UCB Digital
Banking Service platforms is accurate when initially made available, the Bank shall not be liable for any loss incurred or damage suffered by the Customer and/or Nominated User by
reason or in consequence of the Customer and/or Nominated User's use of financial information which is not up to date
10.5 If for any reason other than a reason mentioned in sub-paragraph 10.1.4 the Service is interfered with or unavailable, the Bank's sole liability under this Agreement in respect
thereof shall be to re-establish the applicable UCB Digital Banking Service as soon as reasonably practicable or, at the Bank's option, to provide to the Customer alternative banking
facilities which need not be Digital facilities.
10.6 The Bank shall not be liable to the Customer for any interference with or unavailability of the Digital Banking Services howsoever caused. The Bank will, however,
provide notice to the Customer when there is any interference with the system.
10.7 Save as otherwise provided in this Agreement, all terms, conditions and warranties express and implied by law regarding the quality or fitness for purpose or otherwise of the UCB
Digital Banking Services are excluded to the fullest extent permitted by applicable law.
10.8 No claim made by a Customer against the Bank under the Agreement or otherwise in connection with any Digital Banking Service or any other ancillary service shall be valid and
enforceable against the Bank unless notified to the Bank within thirty (30) days of the Customer becoming aware or of the date when the Customer should use ordinary due diligence have
become aware of the facts on which the claim is based.
11. INDEMNITY
11.1 The Customer shall indemnify and keep the Bank indemnified against
- 11.1.1 Any loss incurred or to be incurred by the Bank in respect of any claims against the Bank for recompense for loss caused by (a), (b) and/or (c) of sub-paragraph 10.1.4 where the particular circumstance is within the Customer's control; and
- 11.1.2 any Loss incurred, or which may be incurred by the Bank as a consequence of any breach by the Customer of the terms of this Agreement
11.2 The Customer shall indemnify and keep the Bank indemnified against Loss incurred or to be incurred by the Customer relating to or in connection with the Digital Banking Services,
whether directly or indirectly unless Loss arose as a direct consequence of the gross negligence or willful misconduct of the Bank, Its employees or its Third-Party Providers.
11.3 The Customer shall indemnify and keep the Bank indemnified against the following: -
- 11.3.1 any Loss incurred or to be incurred by the Bank or which may be suffered arising from Its acting or not acting on any Instruction or arising from the malfunction or failure or unavailability of any Digital Channels hardware, software or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond the Bank's control interruption or distortion of communication links or arising from reliance on any person or Third Party Provider or any incorrect, illegible, incomplete or inaccurate information or data contained in any instruction received by the Bank.
- 11.3.2 Any loss that may arise from the Customer’s use, misuse: abuse or possession of any third-party software, including without limitation to, any operating system, browser software or any other software packages or programs.
- 11.3.3 any unauthorized access to the Customer's accounts or any breach of security or any destruction or accessing of the Customer's data or any destruction or theft of or damage to any of the Customer's Facilities.
- 11.3.4 Any loss occasioned by the failure by the Customer to adhere to any terms and conditions applicable to the UCB Digital Banking Services and/or by supplying of incorrect Information or toss or damage occasioned by the failure or unavailability of a Third-Party Provider's facilities or systems or the inability of a third party or Third-Party Provider to process a transaction.
12. AMENDMENTS
12.1 The Bank may at any time amend, vary and/or change the terms and conditions stipulated in this Agreement or the UCB Digital Banking Services package from time to time offered/
available to the Customer
12.2 If the amendment, variation and/or change adversely affects the Customer, the Bank will give the Customer notice through an alert, letter, prominently displayed notices in the
banking hall or other mode of communication before the effective date of the amendment, variation and/or change.
13. TERMINATION
13.1 Notwithstanding anything contained in this Agreement, the same may be terminated at any time by either party giving the other one (1) calendar month's prior notice, PROVIDED
that in the event of any change in any law or the application thereof, or any other event which, in the judgment of the Bank, would have the effect of prejudicing the Bank should
it continue with the rendering of the UCB Digital Banking Services to the Customer, the Bank shall be entitled to terminate this Agreement at any time without prior notice to the
Customer.
13.2 If the Customer terminates this Agreement for the provision of the UCB Digital Banking Services, the Bank may continue to effect instructions until the bank has had a
reasonable opportunity to act on the Customer's notice of termination.
13.3 The termination of this Agreement shall not, in itself, terminate or affect the relationship of Banker and Customer between the Bank and the Customer.
13.4 Paragraphs 10, 11, 15 and 17 shall survive the termination of this Agreement.
14. GENERAL PROVISIONS
14.1 The Customer shall not assign the benefit of this Agreement or any rights arising hereunder.
14.2 No waiver by the Bank of any breach by the Customer of any of the terms of this Agreement shall be effective unless it is an express waiver in writing of such breach No
Waiver of any such breach shall waive any subsequent breach by the Customer
14.3 It is hereby acknowledged.
- 14.3.1 that the Customer has not relied upon any representation, warranty, promise, statement of opinion or other inducement made or given by or on behalf of or purportedly by or on behalf of the Bank in deciding to enter into this Agreement; and
- 14.3.2 that no person has or has had authority on behalf of the Bank whether before, on or after the signing of this Agreement to make or give any such representation, warranty, promise, statement of opinion or other inducement to the Customer or to enter into any collateral or side agreement of any kind with the Customer in connection with the Digital Banking Service.
14.4 This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the
subject matter hereof. For the avoidance of doubt, nothing herein shall vary, discharge or in any other way affect or prejudice any security granted by the Customer or any third
party in favour of the Bank to any obligations of the Customer which may arise if any instruction from the Customer hereunder is acted upon by the Bank.
14.5 Any notice required to be given under this Agreement shall be in writing and sufficiently served if sent by registered post, stamped and properly addressed·
- 14.5.1 If to the Bank, to the manager of the Branch or to the Bank at the address of the Branch at which the Customer's Account is held; or
- 14.5.2 If to the Customer, at the address given by the Customer in the application form and shall be deemed to have been served five banking days after posting.
14.6 The Customer hereby undertakes to the Bank to make the Nominated User aware of the Nominated User's obligations under this Agreement and to take such steps as shall from
time to time be necessary to ensure compliance by the Nominated User with the provisions of this Agreement.
14.7 The Bank shall not be liable to the Customer for loss arising from or in connection with any representation’s agreements statements or undertakings made before the date of
execution of this Agreement other than those representations agreements statements and undertakings confirmed by a duly authorized representative of the Bank in writing or expressly
incorporated or referred to in this Agreement.
14.8 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability
of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity or unenforceability shall remain in full force and
effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provisions valid or enforceable provision which achieves to the greatest extent possible the
economic legal and commercial objectives of the invalid or unenforceable provision.
15. CONFIDENTIALITY AND DISCLOSURE
15.1 The Customer shall maintain and shall procure that the Nominated User shall maintain the confidentiality of the PIN, Log-in information and any other information and materials
of any nature supplied to the Customer by the Bank In relation to the Service. The Customer shall be fully liable to indemnify the Bank for any Loss incurred as a result of the breach
of the provisions of this paragraph.
15.2 The Customer hereby authorizes the Bank to collect, retain and use personal information about the Customer for certain purposes as detailed in the Bank's data protection
and privacy policies or as may from time to time be required by law.
15.3 The Customer authorizes the Bank to disclose any information (including any personal data) regarding the Customer and the status of the Customer's accounts (including deposit
accounts) with the Bank obtained under this Agreement to:
- 15.3.1 any office/branch/division of the Bank.
- 15.3.2 Any third-party Provider, service provider or professional adviser who provides administrative, telecommunications, computer, payment, collections, security, clearing, credit reference or checking, or other services or facilities to the bank in connection with the operation of the Bank's business
- 15.3.3 any person to whom the bank is required to disclose under the requirements of any law, regulation or practice.
- 15.3.4 any financial Institution with which the Customer proposes to have any dealings and to use such information in connection with the administration and operation of the Services.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 The Customer acknowledges that the intellectual property rights in the Digital Channels and all associated Information and/or documentation (including any amendments or
enhancements thereto from time to time) that the Bank provides to the Customer through the Digital Channels or otherwise are vested either in the Bank or in other persons from
whom the Bank has a right to use and to sub-license the Digital Channels and/or the said information and/or documentation. The Customer shall not infringe any such intellectual
property rights.
16.2 The Customer and/or Nominated User shall not duplicate, reproduce or in any way tamper with the Bank's Digital Channels and associated Information or documentation without
the prior written consent of the Bank.
16.3 In respect of third-party software used by the Customer and not otherwise supplied by the Bank, the Bank is not a party to any license agreement entered Into by the Customer
and the licensor and thus makes no warranties or representations relating to such software including, without limitation, warranties or representations relating to Its suitability
for a particular purpose, security features or performance. The Customer acknowledges that the use of such software shall be at the Customer's own risk.
16.4 The Customer acknowledges and understands that using such third-party software may be illegal and/or infringe upon certain thirdparty intellectual property rights. The Customer
understands that, in using any third-party software not expressly supplied by the Bank, it shall always be incumbent upon the Customer to ascertain the legality of such use and obtain
all necessary licenses and permissions from the relevant parties.
17. GOVERNING LAW
17.1 This Agreement shall be governed by and shall be construed as per the Laws of the United Republic of Tanzania.
17.2 all parties hereby irrevocably submit to the jurisdiction of the Courts of Tanzania, but the Bank shall be at liberty to enforce anywhere a judgment in any jurisdiction where the
Customer carries on business or has any asset.
18. INTENTION TO BE BOUND AND INDEPENDENT LEGAL ADVICE
18.1 The Customer has executed these Terms and Conditions to be legally bound by the contents herein.
18.2 The Customer hereby agrees and confirms that they have read and understood these Terms and Conditions and have sought and obtained independent legal and financial advice
regarding the legal, tax, financial or other implications arising under these Terms and Conditions.