1 Agreement and purpose
1.1 The Customer has applied to use ABC's on-line internet banking service (ABC On-Line) so that the Customer can obtain account statements electronically. The application (Access Form) signed by the Customer and these terms and conditions together form the Agreement.
1.2 Operation of the Customer's account(s) is already governed by (among others) the General Terms and Conditions Governing Accounts (GT&C).Clauses 2, 3, 14 and 15 of the GT&C are modified by this Agreement. The GT&C will continue to apply to ABC's relationship with the Customer except to the extent they are varied or amended by this Agreement.
2 Getting On-Line
2.1 Accessing the service: The set-up procedures described below must first be accomplished. Then the Customer can access ABC On-Line at www.bank-abc.com using the Customer's regular internet browser (no special additional software is required) and by clicking on the ABC On-Line link.
2.2 Set-up procedures:
- (a) Initial password: In the Access Form the Customer is asked to provide ABC with an email address. When ABC has approved the application, ABC will send the Customer a 6-digit alpha-numeric password by email.
- (b) First log-on: The Customer should click on the ABC On-Line link. The Customer will be invited to enter (i) a user name and (ii) the password emailed by ABC as mentioned above, and then to click the "Login" button. In the next screen the Customer will be asked to choose a new minimum 6-digit alpha-numeric password and to confirm it. This procedure is designed to enhance security, and the Customer will not be able to access ABC On-Line for the first time until the password has been changed in this way.
- (c) Subsequent log-on: The Customer will be invited to enter (i) the user name and (ii) the current password selected as mentioned in clause 2.2(b), and then to click the "Login" button.
2.3 Forgotten passwords: In the Access Form the Customer is asked to provide ABC with a unique word to identify the Customer. If the password is forgotten or if the maximum number of password entry attempts is exceeded, the Customer should call the operator on +973 543648. The Customer will be prompted by the operator to provide this unique word. If it is provided correctly, a new password will be emailed to the Customer within 24 hours as described in clause 2.2(a). The Customer should then follow the procedure for first log-on in described in clause 2.2(b).
3.1 Electronic statements: Statements showing all/any payments to and from the Customer's account(s) in the statement period can be accessed on-line following the procedures described in clause 2. The Customer will be able to select statement periods as may from time to time be indicated on the website.
3.2 Checking: The Customer should check statements carefully and tell ABC as soon as possible if the Customer believes there are any mistakes. ABC recommends that the Customer prints off and keeps or electronically saves all electronic statements.
3.3 Regular statements: Statements will continue to be made available to the Customer by mail in accordance with clause 15 of the GT&C unless the Customer elects, by ticking the appropriate box on the Access Form, not to receive them.
4.1 Confirming the Customer's identity: The Customer will be taken through a similar security process to that described in clause 2.2(c) whenever the Customer uses ABC On-Line. Passwords will expire automatically every 3 months and the Customer will be invited to choose a new one when logging on for the first time after an old password has expired. ABC may ask the Customer to change the password and or any other security details at any time. ABC may also ask the Customer to confirm identity in the circumstances described in clause 2.3.
4.2 The Customer's authority to ABC: So long as ABC has followed the security process outlined in this Agreement, ABC may act on any instructions given to it, even if those instructions were not given by the Customer or with the Customer's authority. However, unless the Customer has acted fraudulently or with gross negligence or failed to observe required procedures for the prevention of unauthorised transactions and fraudulent use of accounts, the Customer's liability for transactions or instructions which have not been authorised by the Customer will be limited as set out in clause 4.3. The Customer's liability may also be limited by law.
4.3 Liability for unauthorised transactions: Unless the Customer can prove that ABC has acted fraudulently or without reasonable care or has failed to observe the security procedures described in this Agreement for the prevention of unauthorised or fraudulent access to accounts, ABC will not be liable for any losses if instructions are not actually given by the Customer or with the Customer's authority. In any event, and to the maximum extent permitted by applicable law, neither ABC nor any of its subsidiaries or affiliates will be liable:
- (a) for any indirect damages (including, without limitation, consequential damages, damages for loss of profits or revenues, business interruption, loss of business information, or other loss) arising in connection with this Agreement, even if advised of the possibility of such damages or if such possibility was reasonably foreseeable;
- (b) to the extent the loss was caused or contributed to by the Customer acting fraudulently or without reasonable care or failing to observe the security procedures described in this Agreement for the prevention of unauthorised transactions and fraudulent use of accounts.
5 Using ABC On-Line
5.1 Use of the system: The Customer is responsible for ensuring that:
- (a) the Customer's electronic media are kept fully operational; and
- (b) any software installed on the Customer's electronic media is kept virus free; and
- (c) all the Customer's important data is backed up at regular and frequent intervals.
- (d) The Customer's responsibilities above apply to any electronic media which the Customer may use in relation to ABC On-Line.
The Customer must observe the terms of all instructions, guides and other communications given to the Customer by ABC from time to time in relation to the use of ABC On-Line.
5.2 Fees and charges
- (a) There is no fee or usage charge for ABC On-Line. However, ABC reserves the right to introduce these or other charges in the future in respect of all or part of ABC On-Line. The Customer authorises ABC to debit any of the Customer's accounts with any charges for providing ABC On-Line. ABC will give the Customer at least 30 days' notice in writing (which includes statement messages) or electronically if fees are to be introduced.
- (b) The Customer is liable for any telephone or other communication charges and any charges made by the Customer's internet service provider or any other third party as a result of the Customer's use of ABC On-Line.
5.3 Prevention of unauthorised and fraudulent access to account(s):
- (a) The Customer must keep password and security details secret and unique to ABC. The Customer must also take all reasonable precautions to prevent the unauthorised or fraudulent use of the Customer's password or security details. These include:
- (i) Never writing the Customer's password or security details down in a way that someone else could easily understand or allowing anyone to observe the Customer inputting the Customer's password details on any electronic media.
- (ii) Never telling anyone else that the Customer's password or security details are used for this service. Once the Customer has chosen the Customer's password, the Customer must never disclose it in full to anyone, including ABC's Customer Representatives.
- (iii) Never accessing ABC On-Line from any computer connected to a local area network (LAN) or any public internet access device or access point without first making sure that no-one else will be able to observe or copy the Customer's access procedure or get access to ABC On-Line pretending to be the Customer.
- (iv) Never recording the Customer's password details on any software which retains it automatically (for example, any computer screen prompts or 'save password' feature).
- (v) Once the Customer has logged on to ABC On-Line, not leaving the electronic media from which the Customer has accessed it or letting anyone else use the electronic media until the Customer has logged off.
- (vi) Following all security measures recommended by the manufacturers of electronic media.
- (vii) Changing the Customer's password immediately and telling ABC as soon as possible by telephoning the ABC Customer Service Manager (see website for details) if the Customer knows or even suspects that someone else knows the Customer's password or if ABC asks the Customer.
- (viii) Observing all ABC's requirements given to the Customer in writing or electronically which are designed to ensure ABC On-Line is used only for authorised access to the Customer's account(s).
- (ix) Telling ABC immediately if any existing authorised access to an account is to be terminated.
- (b) If the Customer has a joint account(s), each Customer who wishes to use the service must have a unique password and unique security details.
- (c) ABC will not be liable for any disclosure of confidential information where the Customer has not complied with the provisions of this clause 5.3.
5.4 Dealing with the Customer's instructions: A transaction is not always processed as soon as that instruction is given. Some instructions may take time to process and certain instructions may only be processed during normal banking hours even though ABC On-Line may be accessible outside such hours.
5.5 Other liability
- (a) Due to the nature of the service and circumstances beyond ABC's control, ABC does not warrant that the information provided by ABC On-Line is accurate or error-free.
- (b) Unless ABC has specifically agreed with the Customer otherwise, ABC will have no liability whatsoever for any equipment, software or associated user documentation which any party other than ABC produces at any time for use in connection with ABC On-Line or any service through which the Customer accesses ABC On-Line or which the Customer accesses through ABC On-Line which is not controlled by ABC.
- (c) ABC will take reasonable care to ensure that any internet website through which the Customer accesses ABC On-Line which is controlled by ABC operates free from viruses. However, due to the nature of ABC On-Line ABC does not represent or warrant that the Customer's use of such service will be free from viruses.
- (d) Some of the information available through ABC On-Line may be identified either on screen or in any user guide in respect of any electronic media as subject to a disclaimer or other provisions. If the Customer relies on that information, the Customer does so subject to the disclaimer or those provisions.
5.6 Copyrights, Trade Marks and Copying Materials
- (a) ABC has a licence for or owns all copyrights for any internet websites through which the Customer accesses ABC On-Line and all trade marks and materials used on it.
- (b) The Customer is only allowed to print, copy, download or temporarily store extracts from any internet website of ABC's for the Customer's personal information or when the Customer uses ABC On-Line. The Customer is not allowed to alter anything and any other use is prohibited unless the Customer first gets ABC's written consent.
5.7 Electronic Advertising: From time to time ABC may advertise ABC's own products or services and those of other companies in the ABC group and also those of other parties on any internet website of ABC or any electronic media through which the Customer accesses ABC On-Line or through ABC On-Line itself. If, in relation to other agreements between the Customer and ABC, the Customer has asked ABC not to send the Customer any marketing material (or if the Customer does so in the future), the Customer agrees that this restriction will not apply to these generic electronic advertisements and consents to receiving them when accessing any internet website of ABC or any electronic media through which the Customer accesses ABC On-Line or ABC On-Line itself.
6 Terminating this Agreement
6.1 Either party may terminate this Agreement by giving the other at least 30 days' notice, in writing or electronically.
6.2 Terminating this Agreement will not affect any rights or liabilities of either party already accrued.
6.3 Unless ABC has told the Customer otherwise, the Customer's other contracts with ABC will continue.
6.4 On the termination of this Agreement the Customer must cease to use ABC On-Line.
6.5 This Agreement will automatically terminate if the Customer no longer has any account with ABC which can be accessed using ABC On-Line.
7.1 Messages: ABC may send the Customer electronic messages from time to time. The Customer should check for messages regularly.
7.2 Terms and conditions for particular accounts and services: If there is a conflict between this Agreement and any other terms applicable to a particular account or service, the latter will prevail.
7.3 Implied terms and conditions: Any terms and conditions implied by law will continue to apply to ABC's relationship with the Customer unless varied or amended by any particular terms and conditions relating to an account or service or by this Agreement.
7.4 Losses as a result of disruptions: ABC will not be liable to the Customer for any loss the Customer suffers due to any event or circumstance beyond ABC's reasonable control which leads to any banking or other service being wholly or partly unavailable, such as (but not limited to) technical breakdown, strikes or other industrial action (whether or not involving ABC's employees) or failure of power supplies or communications or other equipment. The Customer may be able to limit that loss by calling ABC.
7.5 Interpretation: This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain. For the benefit of ABC, the Customer submits to the jurisdiction of the Bahrain courts and agrees that it will only commence any proceedings against ABC in those courts. This is without prejudice to ABC's right to commence proceedings in any other jurisdiction to which the Customer is subject.