Online Banking Terms & Conditions
We hereby
formulate the Terms and Conditions of Online Banking Services (the “Terms”) in
order to provide you with better Online Banking Services, prevent risks
inherent in the Online Banking, and specify the rights and obligations of the
parties in the Online Banking. Please read the Terms carefully before you use
any of our Online Banking Services. If you have any questions, please feel free
to contact us, and you can browse our official website www.zainbank.iq for the
nearest branch and the most up-to-date contact information.
Terms
and Conditions of Online Banking Services
I. Scope
of Application
1. Terms and Conditions of Online Banking Services (as may be varied and
amended from time to time, hereinafter referred to as these “Terms”)
shall apply to the Online Banking Services provided by zain bank Iraq , and
shall be legally binding on customers and us. Both customers and we shall
comply with the Terms.
2. Before a customer applies to us for activation of Online Banking Services
or uses Online Banking Services for the first time, the customer shall
carefully read the Terms and fully understand relevant provisions hereof, and
the customer shall have the right to require us to provide sufficient
explanation about the Terms. BY APPLYING TO US FOR THE ACTIVATION OF ONLINE
BANKING SERVICES OR USING ONLINE BANKING SERVICES FOR THE FIRST TIME, CUSTOMERS
SHALL BE DEEMED TO HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED THE TERMS AND
AGREED TO BE BOUND HEREBY.
II.
Provision of Services
1.
Customers may apply to us for
the activation of Online Banking Services, and we may also activate all or part
of the functions of Online Banking Services for qualified customers. Customers
may use part of Online Banking Services without applications or requiring our
additional operations. Customers may apply to us for the termination of certain
Online Banking Services, and we have the right to accept or reject such
application of the customers.
2.Customers may
use computers, fixed-line phones, mobile phones, ATMs and other self-service
bank facilities, or other electronic devices to use or operate all or part of
financial services via the Internet, telephone communication networks, wireless
networks, other open public networks or private networks provided by us
(hereinafter referred to as “Online Banking Services” or these “Services”).
III.
Content of Services
1.Online
Banking Services
(a) Customers
may enjoy Online Banking Services via our website at https://ebank.zainbank.iq/Connect.
(b) Online
Banking Services include the Mobile Banking Services
2.Phone
Banking Services (a) Customers may enjoy Phone Banking
Services via the customer service hotline or contact number for Phone Banking
published by us on our official website www.zainbank.iq .
(b) The
customer service hotline for credit cards is 07834815000 ; for customers
located in Baghdad, Karbala and Hilla .
(c) We/our
branches and sub-branches may also dial the telephone numbers registered by
customers with us to provide financial services to them.
3.SMS
Banking Services
(a) SMS Banking
Services refer to those services with which we will handle financial business
for customers according to SMS instructions sent by customers and automatically
notify customers of relevant results via SMS.
(b) Customers
may enjoy SMS Banking Services via our registered SMS platform number, and we
will publish the registered SMS platform number then in effect on our official
website www.zainbank.iq.
4.We may
provide other Online Banking Services to customers from time to time.
5.We may
change the website address, telephone number, SMS number and domain name for
Online Banking Services from time to time and make announcement or provide
notice within a reasonable period of time. Thereafter, the changed website
address, telephone number, SMS number, and domain name for Online Banking
Services as announced or notified to customers by us from time to time shall
apply.
6.CUSTOMERS
SHALL NOT USE WEBSITE ADDRESS, TELEPHONE NUMBER, SMS NUMBER, OR DOMAIN NAME FOR
ONLINE BANKING SERVICES NOT ANNOUNCED OR NOTIFIED BY US. IF ANY CUSTOMER IS
AWARE OR SUSPECT THAT ANY OTHER PERSON OR ENTITY PROVIDES ONLINE BANKING
SERVICES IN OUR NAME, SUCH CUSTOMER SHALL NOTIFY US IMMEDIATELY.
7.To the
extent permitted by law, from time to time, we may send advertisements about
products or services of us or our affiliates through the provision of these
Services.
IV. Recipient
of Services
These Services are made available to:
1.
Customers who are above the
age of 18, have full capacity for civil conduct and have opened saving accounts
with us;
2.
Customers who have opened a
Junior Savings Account and shall use Online Banking Services pursuant to the
Special Terms & Conditions for Junior Savings Account of Standard Bank as
well as to the Terms;
3.
Holders of principal credit
cards and supplementary credit cards issued by us.
4. Potential customers intending to consult us about our products and
services.
V. Function,
Operation, Suspension and Termination of these Services
1.
Customers undertake to
apply for activation of and use part or all of the functions of these Services
according to the procedure (if any) specified by us.
2.
Customers may use these
Services to inquire about part/all of financial information, but such
information might not be up-to-date, since some banking businesses are likely
pending for our processing; unless verified and confirmed by us, we will not
make any warranty with respect to the financial information queried by
customers through these Services.
3.
With respect to different
Online Banking service channels, and/or different financial services, and/or
different customer types, and/or other factors, we might provide different
Online Banking Services; for example, in the case of a joint account, we might
provide different Online Banking Services to different holders of the joint
account; as for an supplementary credit card, we might provide different Online
Banking Services to the holder of supplementary card and the holder of the
principal card.
4.
The specific applicable
conditions of Online Banking Services, content, functions and runtime of
services depend on actual operations and actual operating environment. We might
formulate or modify the user manuals, guides, function introductions,
announcements or notices of relevant Online Banking Services from time to time,
which customers may read and consult, but if they differ from actual operations
and actual operating environment of these Services, the actual operations and
operating environment shall prevail.
5.
Provisions regarding the
runtime of these Services might vary with different functions under these
Services, specifically subject to the actual operations and operating
environment of such functions under Online Banking Services. When a customer
submits a transaction instruction other than during the runtime of these
Services, such instruction might be executed in the subsequent runtime.
6.
We will take reasonably
practicable actions to ensure that our Online Banking service system has
sufficient security settings to control and manage risks in the operating
system and provide these Services constantly, subject to the provisions of
Article 8 hereof.
7. CUSTOMERS ACKNOWLEDGE AND AGREE THAT:
o (a) DUE TO THE NEED FOR REGULAR MAINTENANCE AND OTHER REASONS, WE WILL
HAVE THE RIGHT AT ANY TIME TO GIVE A NOTICE TO UNILATERALLY (1) ADD, DELETE,
MODIFY OR SUSPEND ANY AVAILABLE FUNCTIONS OR THE CONTENT OF THESE SERVICES; (2)
CHANGE THE RUNTIME; OR (3) SUSPEND, OR TERMINATE PART/ALL OF THESE SERVICES.
UNLESS OTHERWISE PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR LOSSES CAUSED BY
THE FOREGOING ACTIONS.
o (b) UNLESS OTHERWISE PERMITTED BY US, CUSTOMERS MIGHT BE UNABLE TO
SUSPEND OR TERMINATE SOME FUNCTIONS OF THE ONLINE BANKING SERVICES.
o (c) Modification, suspension and termination of these Services might have
no effect on customer instructions we have received, which are likely to remain
in effect.
VI. Identity
Verification
1. We may require different methods of identity verification (hereinafter
referred to as “Identity Verification Information”) for different Online
Banking service channels, and/or different financial transactions, and/or other
security considerations, including but not limited to one or more of the
following identity verification methods:
·
Various Online Banking
service passwords, including but not limited to Phone Banking password, Online
Banking password, query password, transaction password, and electronic advice
password (also called “Login Code” in some cases), which are hereinafter
collectively referred to as “Online Banking Service Passwords” or simply
“Passwords”;
·
Verification Codes;
·
Fingerprint identification
passwords;
·
Face identification
passwords;
·
Preset security questions
and answers;
2.
AS FOR FINANCIAL SERVICES
REQUIRING NO IDENTITY VERIFICATION, CUSTOMERS ACKNOWLEDGE THE RESULTING
CONVENIENCE AND FLEXIBILITY AND ARE AWARE OF AND WILLING TO ASSUME RELEVANT
RISKS THAT MIGHT ARISE.
3.
Customers must comply with
our requirements and use the Online Banking Services through the identity
verification method required by us or set by customers. ALL OPERATIONS
PERFORMED AND PASSED BY IDENTITY VERIFICATION UNDER THE ONLINE BANKING SERVICES
(INCLUDING ANY ONE OR MORE ITEMS OF ACCURATE IDENTITY VERIFICATION INFORMATION
SUFFICIENT TO PROVE A CUSTOMER’S IDENTITY) WILL BE DEEMED AS BEING PERFORMED BY
THE CUSTOMER HIM/HERSELF AND ARE THE TRUE INTENTION OF THE CUSTOMER, AND THERE
IS NO NEED TO GET ANY FURTHER WRITTEN OR OTHER FORM OF CONFIRMATION FROM THE
CUSTOMER, EVEN IF SUCH OPERATIONS ARE SUBSEQUENTLY PROVED TO BE ACTUALLY NOT
PERFORMED BY THE CUSTOMER IN PERSON.
4.
When a customer dials our
Phone Banking number or receives a call from our Phone Banking number, we may
require the customer to verify his/her identity via Phone Banking password or
query password (in the case of a credit card) or preset security questions, and
the customer shall cooperate in the verification process.
5.
As for certain financial
services, we may unilaterally decide to ask a customer to use a mobile
verification code (a one-time password generated and sent by us to the mobile
number registered by the customer with us, hereinafter referred to as
“Verification Code”) to go through additional identity verification. CUSTOMERS
CLEARLY UNDERSTAND THAT IF THE MOBILE PHONE USED FOR VERIFICATION OR THE MOBILE
NUMBER REGISTERED WITH US IS LOST, STOLEN OR GOES OUT OF ACTUAL CONTROL OF
CUSTOMERS, THIS MIGHT RESULT IN LEAKAGE OF IDENTITY VERIFICATION INFORMATION
AND LOSS OF CUSTOMERS’ FUNDS.
6.
In case the Identity
Verification Information input by a customer in his/her use of relevant Online
Banking Services is inconsistent with the information recorded by us, we shall
have the right to freeze relevant Identity Verification Information (such as
passwords), accounts and services of the customer, till the customer completes
the identity verification, resets or modifies the relevant Identity Validation
Information pursuant to relevant requirements of us.
7. Customers may modify part of Identity Verification Information under
these Services, but any such modification must be made pursuant to relevant
requirements of us and shall not become effective until accepted by us. We
shall have the right to perform identity verification of a customer before
executing the customer’s instruction to modify his/her Identity Verification
Information.
VII.
Authorization and Operation of Instructions
1.
Customers warrant that
instructions given in connection with these Services are accurate, adequate and
complete. Unless customers have received our confirmation of receipt of such
instructions, we shall not be deemed to have received such instructions. After
receiving customers’ instructions through these Services, we shall have the
right to deduct relevant specified fees from customer accounts before executing
relevant instructions.
2.
CUSTOMERS UNDERSTAND AND
AGREE THAT, UNLESS OTHERWISE PERMITTED BY US AND EXCEPT WHERE IT IS ACTUALLY
PRACTICABLE, INSTRUCTIONS SENT BY CUSTOMERS THROUGH THESE SERVICES CANNOT BE
WITHDRAWN OR REVOKED.
3.
If customers require us to
have the instructions withdrawn or revoked upon submission by them, we may (but
have no obligation to) decide whether to effect such withdrawal or revocation
in our sole discretion, and customers agree to bear all the costs and expenses
incurred in such process. WE CAN EFFECT WITHDRAWAL OR REVOCATION ONLY TO THE
EXTENT THAT WE CAN PRACTICALLY DO SO (FOR EXAMPLE, PERMITTED BY THE SYSTEM),
AND WE DO NOT WARRANT SUCCESSFUL WITHDRAWAL OR REVOCATION.
4.
IF WE THINK THAT WE HAVE
RECEIVED AN INSTRUCTION NOT DULY AUTHORISED BY THE CUSTOMER, WE MIGHT USE A
REASONABLE METHOD TO INSPECT WHETHER SUCH INSTRUCTION HAS BEEN AUTHORISED BY
THE CUSTOMER, WHILE THE CUSTOMER SHALL COOPERATE.
5. IF WE REASONABLY SUSPECT THAT AN INSTRUCTION RECEIVED HAS NOT BEEN DULY
AUTHORISED BY THE RELEVANT CUSTOMER, OR THE CONTENT OF THE INSTRUCTION RECEIVED
BY US IS INCONSISTENT WITH THE INFORMATION RECORDED WITH US, OR THE IDENTITY
VERIFICATION INFORMATION WE RECEIVE IS INCONSISTENT WITH OUR RECORDS, WE MAY:
o (a) REFUSE TO EXECUTE OR REVOKE THE INSTRUCTION SUBMITTED THROUGH THESE
SERVICES.
o (b) REQUIRE THE CUSTOMER TO PROVIDE A WRITTEN CONFIRMATION IN THE CASE OF
A SPECIAL INSTRUCTION.
THE CUSTOMER SHALL UNDERSTAND AND AGREE THAT
WE TAKE THE FOREGOING ACTIONS FOR THE SAKE OF TRANSACTION SECURITY, AND ACCEPT
ANY INCONVENIENCE, DELAY OR LOSS ARISING THEREFROM.
6.
IN CASE ANY OF THE
FOLLOWING CIRCUMSTANCES ARISES ON THE DESIGNATED EXECUTION DATE OR WHEN THE
RELEVANT TRANSACTION IS PERFORMED, WE SHALL HAVE NO OBLIGATION TO EXECUTE THE
TRANSACTION INSTRUCTION OF THE CUSTOMER IN WHOLE OR IN PART, AND THE CUSTOMER
MIGHT SUFFER RELEVANT LOSS OR DAMAGE:
o (a) There are no sufficient funds in the designated account of the
customer so that we cannot execute the instruction of the customer;
o (b) There are no sufficient funds in the designated account to pay any
fee, expense or other sums payable by the customer to us;
o (c) Execution of the customer’s instruction will result in the balance in
the designated account of the customer exceeding the credit amount or credit
limit set by us with respect to the customer and/or his/her designated account;
o (d) The transaction amount required in the customer’s transaction
instruction will exceed the limit and number of transactions set by us and/or
the customer with respect to the customer and/or his/her designated account; or
o (e) The designated account of the customer is closed, frozen or made
unusable for any reason.
7.
IF AN ERROR OCCURS TO A
TRANSACTION INSTRUCTION WHEN WE ARE EXECUTING IT, THE RELEVANT CUSTOMER SHALL
CONTACT US WITHIN 30 DAYS AFTER THE DATE WHEN THE CUSTOMER KNOWS OR OUGHT TO
KNOW THAT SUCH ERROR OCCURS, OTHERWISE THE CUSTOMER SHALL BE DEEMED TO HAVE
ACKNOWLEDGED AND ACCEPTED OUR EXECUTION, AND SHALL ASSUME THE RELEVANT
CONSEQUENCES ARISING THEREFROM.
8. Pursuant to the provisions of relevant laws and regulations, if a
customer makes payment through these Services (THE CUSTOMER’S ACT OF GIVING
PAYMENT INSTRUCTIONS TO REALIZE CURRENCY PAYMENT AND FUND TRANSFER VIA ONLINE
BANKING AND PHONE BANKING, ETC, HEREINAFTER REFERRED TO AS “ONLINE PAYMENT”),
the customer shall comply with the following provisions:
o (a) The customer shall activate the Online Payment function under these
Services pursuant to the procedure (if any) specified by us and designate the
account used for Online Payment;
o (b) The customer understands and accepts that some Online Banking
Services have contained the Online Payment function, so after such Online
Banking Services are activated, we shall have the right (rather than
obligation) to obtain separate confirmation of the customer to activate the
Online Payment function in such Online Banking Services;
o (c) The customer shall ensure the payment ability of the account used to
process the Online Payment business.
o (d) Unless otherwise permitted by us, all Online Payment transaction
instructions shall go through identity verification.
VIII.
Risk Warning and Liability Provisions
1. Customers clearly understand and agree that the use of Online Banking
Services, such as the transmission of instructions, information or
communications via the Internet, telephone communication networks, wireless
networks, other open public networks or private networks will increase the
risks of error, security, privacy and fraud, including but not limited to the
following:
·
Any error, delay or time
difference during the transmission of instructions or notices;
·
Negligence or omission to
execute any order or requirement set forth in instructions or notices;
·
Existence of any
unclearness in instructions or notices or our possible misunderstanding of the
content of such instructions or notices;
·
Any misuse of customers’
systems by customers or other persons;
·
The risk that any third
party acquires personal information of customers or uses accounts of customers
through these Services due to any reason attributable to customers;
·
Any of our
misunderstandings or errors in terms of identity verification;
·
The risk that instructions
pass our identity verification and are deemed to be submitted by customers
personally but they are actually submitted by others using customers’
usernames, passwords or Verification Codes and are executed;
·
The risk that instructions
or notices alleged to be given by customers while are actually not authorised
by customers;
·
Any fraud or imposture by
any person.
CUSTOMERS UNDERSTAND AND AGREE THAT, WE WILL
NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY OF ANY
INSTRUCTION OR NOTICE UNDER THESE SERVICES, OR ASSUME LIABILITY FOR ANY ERROR,
LACK OF RELIABILITY OR SECRET LEAKAGE IN ANY SUCH INSTRUCTION OR NOTICE.
NEVERTHELESS, CUSTOMERS ARE WILLING TO ACCEPT RELEVANT RISKS AND BE BOUND BY
SUCH INSTRUCTIONS OR NOTICES. WE SHALL NOT BE HELD LIABLE FOR THE LOSSES OR
DAMAGES SUFFERED BY CUSTOMERS OR ANY THIRD PARTY, EXCEPT DUE TO OUR WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE.
2.WITH RESPECT
TO ALL CLAIMS, LEGAL PROCEEDINGS, LEGAL LIABILITIES, LOSSES DIRECTLY OR
INDIRECTLY ARISING FROM OUR ACTING UPON THE INSTRUCTIONS OR NOTICES OF
CUSTOMERS AND/OR ARISING FROM ANY OF THE FOLLOWING CIRCUMSTANCES, AS WELL AS ALL
THE EXPENSES (INCLUDING LEGAL COSTS) INCURRED BY US IN EXERCISING OR ENFORCING
OUR RIGHTS (INCLUDING SEEKING RECOVERY FROM CUSTOMERS), CUSTOMERS AGREE TO
SOLELY BEAR SUCH EXPENSES AND UNDERTAKE TO FULLY INDEMNIFY US AGAINST SUCH
LOSSES AND EXPENSES INCURRED BY US UPON REQUEST OF US:
·
(I) THE RELEVANT CUSTOMER
DOES NOT RECEIVE A VERIFICATION CODE;
·
(II) THE VERIFICATION CODE
IS SENT TO ANOTHER PERSON;
·
(III) WE DO NOT RECEIVE
THE INSTRUCTION SENT BY THE CUSTOMER THROUGH THESE SERVICES; OR
·
(IV) OTHER CIRCUMSTANCES
ARISE, BECAUSE THE MOBILE NUMBER DESIGNATED BY THE CUSTOMER IS WRONG OR OUT OF
SERVICE, THE MOBILE PHONE USED FOR VERIFICATION IS LOST AND DUE TO OTHER
REASONS UNATTRIBUTABLE TO US;
·
(I) ELECTRONIC ADVICE
PASSWORD IS LOST
·
(II) THE CUSTOMER DESIGNATES
A WRONG EMAIL ADDRESS; OR (III) ELECTRONIC ADVICE AND RELEVANT PASSWORDS ARE
NOT RECEIVED SUCCESSFULLY DUE TO THE DESIGNATED EMAIL ADDRESS; AND
3.CHANGES IN
THE MOBILE NUMBER, EMAIL ADDRESS OR OTHER RELEVANT INFORMATION REGISTERED BY
THE CUSTOMER WITH US HAVE NOT BEEN NOTIFIED TO US IN A TIMELY MANNER;
FOR PURPOSES OF THIS ARTICLE, THE CUSTOMER
AUTHORISEAUTHORISES US TO DEDUCT ANY SUM FROM ANY ACCOUNT OPENED BY THE
CUSTOMER WITH US TO PAY THE SUMS REQUIRED TO INDEMNIFY US AS MENTIONED ABOVE.
3.
CUSTOMERS UNDERSTAND AND
ACCEPT THAT WHEN ANY OF THE FOLLOWING CIRCUMSTANCES ARISES, OR CUSTOMERS USE
THESE SERVICES IMPROPERLY, OR OTHER CIRCUMSTANCES BEYOND OUR CONTROL ARISE,
THAT MIGHT RENDER THESE SERVICES UNUSABLE NORMALLY OR AT ALL, OR WE FAILS TO
ACT OR DELAYS IN ACTING UPON THE INSTRUCTIONS OR NOTICES UNDER THESE SERVICES,
CUSTOMERS MIGHT SUFFER RELEVANT LOSSES:
o (a) ANY EQUIPMENTS/SYSTEMS USED BY CUSTOMERS ARE INCOMPATIBLE WITH THE
SYSTEM REQUIRED FOR THESE SERVICES;
o (b) TRANSMISSION OR COMMUNICATION FACILITIES ARE DAMAGED OR FAIL DUE TO
ANY REASON, OR TRANSMISSION OR COMMUNICATION IS IMPOSSIBLE OR DELAYED OR
ERRONEOUS DUE TO ANY OTHER REASON;
o (c) USE DEMAND EXCEEDS SYSTEM LOAD OR SYSTEM LIMIT, OR THE SYSTEM OR
NETWORK FAILS;
o (d) HACKER ATTACK, SYSTEM FAILURE, COMMUNICATION FAILURE, NETWORK
CONGESTION, POWER SUPPLY SYSTEM FAILURE, COMPUTER VIRUS AND MALICIOUS PROGRAM;
o (e) Any machine, system or communication error, industrial dispute or any
other circumstance beyond our control, so that these Services are unusable in
whole or in part, or instructions submitted by customers cannot be executed at
all or executed timely or accurately.
4.
IF CUSTOMERS ACCESS THESE
SERVICES THROUGH ANY THIRD PARTY SERVICE NOT CONTROLLED BY US OR ACCESS SUCH
THIRD PARTY SERVICE THROUGH THESE SERVICES, OR OBTAIN VERIFICATION CODES OR
OTHER ONLINE BANKING SERVICE PASSWORDS THROUGH ANY SERVICE NOT CONTROLLED BY
US, OR SUFFER ANY LOSSES DUE TO THE USE OF SUCH THIRD PARTY SERVICE, WE SHALL
NOT BE HELD LIABLE. Customers should assert their relevant rights against third
party service providers pursuant to the terms and conditions of service of such
third parties.
5.
Cumulative amount of
Intra-bank Fund Transfer and Interbank Fund Transfer to 3rd party (i.e., “To a
Local Account” transfers, Bill Payment (i.e., “Pay Bills” transfers) and Fund
Transfer service per day cannot exceed Daily Maximum Limit. The total
transactions of Intra-bank Fund Transfer to 3rd party and Interbank Fund
Transfer per day cannot exceed 10. Yearly Maximum Limit of transactions through
Online Banking is calculated as numbers of calendar days in the current year
multiple Daily Maximum Limit. The above mentioned transaction limits should be
the limits on the provision published date; we might vary the limits from time
to time, the actual limits shall be subject to actual operations and
operational environment under Online Banking Services.
You can customize your daily transaction limit
in this “Change Funds Transfer Limit” section. The limit can be adjusted to any
amount below or equal to the Maximum Limit.
6.
If you would like to
increase New Daily Limit above Existing Limit, you will be required to pass
One-Time Password.
7.
To avoid transaction
failure, please ensure that the daily transaction limit is above amount of
transactions to be submitted.
8. Customer understands and agrees that Bank may suspend or terminated all
part of Online Banking Services for risk control purposes.
IX. Security
Guarantee
1.
Customers shall properly
keep their mobile phones used to receive Verification Codes (hereinafter
referred to as “Mobile Phones for Verification”), Identity Verification
Information, electronic advice passwords (if any) sent by us to the email boxes
designated by customers, and so on.
2.
Customers are aware that
they might suffer losses for any leakage of their Identity Verification
Information to others. CUSTOMERS AGREE TO BEAR RELEVANT RISKS THAT THEIR
IDENTITY VERIFICATION INFORMATION MIGHT BE USED BY UNAUTHORISED PERSONS OR USED
FOR UNAUTHORISED PURPOSES, AND BEAR RELEVANT LOSSES CAUSED BY THE LEAKAGE OF
SUCH INFORMATION.
3.
Once a customer knows or
suspects that his/her Identity Verification Information is known to any
unauthorised person, the Mobile Phone for Verification is lost, or any
unauthorised person uses these Services impersonating the customer, the
customer shall notify us by dialling the telephone number designated by us, and
require us to suspend or terminate all/part of Online Banking Services (to the
extent that such services can be suspended or terminated). EXCEPT WHERE WE HAVE
WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, BEFORE WE ACCEPT THE CUSTOMER’S
SUSPENSION OR TERMINATION INSTRUCTION, WE WILL NOT BE HELD LIABLE FOR ANY LOSS
ARISING BECAUSE ANY UNAUTHORISED PERSON USES THESE SERVICES IMPERSONATING THE
CUSTOMER OR THESE SERVICES ARE USED FOR UNAUTHORISED PURPOSES.
4.
Customers shall modify
their Online Banking service passwords on a regular basis or as required by the
system, and do not use any Online Banking service password that had ever been
used.
5.
When a customer sets or
changes his/her password, the customer must not use a password that can be
easily guessed by a third person to give such third person the opportunity to
use these Services impersonating the customer; for example, the customer shall
avoid using his/her or anyone else’s birthday, ID card number, telephone
number, repeated or consecutive numbers or characters as password.
6.
At any time, customers must
take all reasonable actions to ensure the security of passwords. Customers must
ensure that they will not disclose their passwords to any other persons,
including our staff as well as persons providing assistance at technical
information desk. Customers shall not record their passwords in order to
prevent others from obtaining passwords easily.
7.
If a customer inadvertently
discloses his/her password or suspects that anyone else knows his/her password,
the customer must change the password immediately through these Services. If
the password cannot be changed, the customer must notify us immediately through
Phone Banking service.
8.
If a customer
finds/suspects that anyone else knows his/her Verification Code, the customer
shall immediately exit/log out of these Services to make the Verification Code
invalid, and notify us immediately.
9.
If a customer finds that
there is any transaction not duly authorised by him/her in any of his/her
accounts/services, the customer must notify us immediately via Phone Banking.
Therefore, the customer must often check all his/her accounts/services to check
for such transactions.
10.
CUSTOMERS SHALL USE THESE
SERVICES PERSONALLY AND SHALL NOT ALLOW ANY PERSON TO USE THESE SERVICES ON
THEIR BEHALF.
11.
In their use of these
Services, customers shall not leave relevant computer devices or electronic
service equipment, no matter whether such equipment is provided by us, and
customers shall ensure that they log out of the Online Banking service system
before leaving such equipment.
12.
Customers shall not operate
these Services by using terminals connected to local area network (LAN) (such
as in an office environment where it is impossible to ensure that no one can
observe or duplicate customers’ operations and receive these Services
impersonating customers).
13.
We may otherwise provide
customers with security tips. Customers must ensure that they use the services
safely according to the security requirements provided by us to customers (in
whatever form).
14.
Customers shall take all
reasonably practicable actions to ensure that the computers or other devices
used by them for these Services are free of any computer viruses or similar
devices or software, including but not limited to equipment regarded as
software bombs, Trojan horses or worm viruses. These Services can be used via
the Internet or other communication channels (as appropriate) but we are unable
to control public systems, so customers must ensure that the computers or other
devices they use for these Services have been provided with sufficient virus
protection.
X.
Service Software and Ownership
1.
Every time customers use
these Services, the system might automatically provide the customers with
corresponding software to enable them to use these Services normally. In
addition, we may also provide service software in other methods. Customers must
ensure that such software is compatible with the computers or other devices used
by customers for these Services and other software on such devices. WE WILL NOT
ASSUME RELEVANT LIABILITY FOR THE LOSSES SUFFERED BY CUSTOMERS DUE TO
INCOMPATIBILITY OF SOFTWARES.
2. With respect to any service software and other materials or information
provided by us in connection with customers’ use of these Services, customers
only have a non-transferrable, temporary and non-exclusive right to use the
same and may only use for these Services. We or any other third party shall
have absolute ownership of the foregoing service software and other materials
or information provided to customers. Such software, materials and information
contain information valuable for us or such other third party, so customers
shall not commit any act detrimental to the rights of us or such third party,
including but not limited to:
·
Use such software,
materials and information for any purpose other than these Services;
·
Duplicate, sell,
distribute, commercial lease out, authorise, license or transfer the same for
use by others;
·
Perform de-compilation,
reverse engineering, input or compilation of service software.
- If customers use these Services in regions outside the People’s
Republic of China (such regions including Hong Kong and Macao SARs and
Taiwan), customers shall be obliged to comply with local laws, including
but not limited to obtaining certificates necessary for
importing/exporting the foregoing service software.
XI. Fees
1.
Customers shall pay
relevant fees for these Services on time and in full according to the charging
requirements published by us. Charging standards and requirements shall be
subject to the charging requirements as published or notified by us from time
to time.
2. We will modify charging standards and requirements for these Services by
making announcements or issuing notices on our website or other ways, and
customers may choose whether to accept the modified charging standards and
requirements. If customers refuse to accept the modified charging standards and
requirements, they may give written notices to us to demand termination of
all/part of Online Banking Services pursuant to relevant procedures (if any) of
us. In case customers do not explicitly require us to terminate all/part of
Online Banking Services and continue to retain or use these Services upon
effectiveness of the modified charging standards and requirements, they will be
deemed to have accepted the updated content.
XII. Applicable
Law and Dispute Resolution
1.
The Terms and the
interpretation thereof shall be governed by the laws of the People’s Republic
of Iraq .
2. Any dispute arising under the Terms shall be resolved by customers and us
through friendly negotiation, failing which, either Party may submit the
dispute to the PRC court of competent jurisdiction in the place where we are
located for resolution by litigation. The Terms shall not exclude and limit the
right of customers and us to choose any other court of competent jurisdiction,
and if such other court is going to be chosen, customers and we may agree upon
the choice by entering into supplementary terms.