In this document the following words and phrases shall have the meanings as set below unless the context indicates otherwise
"Account (s)" refers to the Customer's bank account and/ or credit card account and/ or home loan account and/ or Cashline account and/ or Omni Account and/or auto loan account and/ or consumer durable loan account and/or any other type of account (each an "Account" and collectively "Accounts", so maintained with United Bank Ltd ("UBL") which are eligible Account(s) for operations through the use of Internet Banking.
"Account Information" means information pertaining to the Account(s) maintained by the Customer with the Bank.
"Affiliate" means the UBL business partners and vendors.
"Alerts" means the Account Information provided by UBL to the Customer through the Customer's email address or mobile phone (based on SMS) generated and sent to the Customer by UBL at the specific request of the Customer which request shall be made by the Customer using the Internet Banking Services of UBL.
"UBL" refers to United Bank Limited.
"Customer" refers to the UBL Account holders authorized to use Internet Banking. In case of the Customer being a minor, the guardian of such minor shall be permitted to use Internet Banking. In this document all references to the Customer being referred in masculine gender shall be deemed to include the feminine gender.
"Internet Banking" refers to the Internet Banking service offered by UBL to the Customers. "Internet Banking Service" is one of the fastest and the most convenient way to access your UBL Accounts on the Internet. Customers can view balances, transfer funds, pay your bills online and other services as UBL may decide to provide from time to time. The availability/non-availability of a particular service shall be at the sole discretion of UBL.
"Personal Information" refers to the information provided by the Customer to UBL. "SMS" means short message service which includes the storage, routing and delivery of alphanumeric messages over GSM telecommunications system.
"Terms" refer to terms and conditions herein for use of the Internet Banking Service "Payment Instruction" shall mean any instruction given by a Customer to debit funds for any purpose via UBL Internet Banking Website. These may include but are not limited to bill payments, purchasing vouchers or mobile top-up, transferring funds from the Account held by the Customer to accounts held by other approved Customers with UBL or other Banks. The Bank may in its sole and exclusive discretion confine this facility only to certain permitted Customers or may extend it from time to time to be generally available to all Customers.
Applicability of Terms
These Terms form the contract between the Customer and UBL for Internet Banking. The Customer shall apply to UBL in the prescribed form for use of Internet Banking. UBL shall be entitled at its sole discretion to accept or reject such applications. By applying for Internet Banking for the first time, the Customer acknowledges and accepts these Terms. These terms and conditions are in addition to those which are agreed by the customer along with the account opening form.
Internet Banking Service
For the purpose of availing Internet Banking, the Customer is required to be an Internet user. UBL will advise from time to time the compatible Internet software such as Internet browsers; which are required for Internet Banking. There is no obligation on UBL to support all the versions of the available Internet software.
Internet Banking Access
The Customer would be assigned an Internet Banking Login ID and a secret password by UBL. However, the Customer will be required to change the password on a frequent basis. To verify and confirm the bill payments and fund transfers, the Customer shall also be provided with a secure static/dynamic PIN.
Internet Banking Password
The Customer irrevocably unconditionally undertakes to ensure that the password is kept confidential; and to not let any person have access to the Internet while the Customer is accessing the Internet Banking.
If the Customer forgets the Internet Banking password, he/she may request for the issuance of a new password through the UBL's website.
The Customer agrees and acknowledges that UBL shall in no way be held responsible or liable if the Customer incurs any loss as a result of information being disclosed by UBL regarding his Account(s) as provided and required to be disclosed by law or disclosed to any party with customer consent.
Pursuant to the access of the Internet Banking and the Customer shall fully indemnify and hold UBL harmless in respect of the same.
The Customer shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake.
The Customer shall take all necessary precautions to prevent unauthorized and illegal use of Internet Banking and unauthorized access to the Accounts provided by Internet Banking through the sharing of information, passwords or access of computer while the customer is accessing Internet Banking.
Maintenance of Sufficient Balance
The Customer shall ensure that there are sufficient funds (or prearranged credit facilities) at all material times in the Account for operations through the Internet Banking, and UBL shall not be liable for any consequences arising out of the Customers failure to ensure inadequacy of funds and/or credit facilities before.
Funds Transfer through Internet Banking
The Customer shall not use or attempt to use the Internet Banking for funds transfer without sufficient funds in the relative Account.
UBL shall use its best efforts to effect funds transfer transaction received through Internet Banking subject to availability of sufficient funds in the Account and operative Circulars or directives of SBP from time to time.
UBL shall specify from time to time the limit for carrying out various kinds of funds transfer or bill payments through Internet Banking. The said facility will be provided in accordance with the arrangement between UBL and the Customers and as per conditions specified by UBL from time to time. UBL shall not be liable for any omission to make all or any of the payments or for late payments for whatsoever cause howsoever arising.
Accuracy of Information
The Customer is responsible for the correctness of information supplied to UBL for use of the Internet Banking. UBL accepts no liability for any consequences whether arising out of erroneous information or the accuracy, reliability or completeness of information supplied by the Customer or otherwise.
If the Customer notices an error in the information supplied to UBL either in the registration form or any other communication, he shall immediately advise UBL in writing so as to allow UBL the ability to correct the error wherever possible on a "reasonable efforts" basis.
In case of Joint Accounts, financial transactions through Internet Banking, will be available if the mode of operation is indicated as 'either or survivor'. The Customer desirous of using Internet Banking should either be the Account holder and sole signatory or authorized to act independently in case of a joint account.
In case of joint accounts operated by more than one Customer, UBL shall act on the instruction (for sign up of Internet Banking) received first and any subsequent instruction shall be neglected. All correspondence will be addressed to the first named person only. All transactions arising from the use of Internet Banking in the joint account shall be binding on all the joint account holders, jointly and severally.
All instructions for operating Internet Banking shall be given through the Internet by the Customer in the manner indicated by UBL.
The Customer is also responsible for the accuracy and authenticity of the Payment Instruction provided to UBL and/or Affiliates and the same shall be considered to be sufficient to operate the Internet Banking.
UBL shall not be required to independently verify the Payment Instruction; an instruction is effective unless countermanded by further instructions. UBL shall have no liability if it does not or is unable to stop or prevent the implementation of any instruction.
Where UBL considers the instructions to be inconsistent or contradictory it may seek clarification from the Customer before acting on any instruction of the Customer or act upon any such instruction as it deems fit.
UBL state that they have no liability or obligation to keep a record of the instructions to provide information to the Customer or for verifying Customer's instructions. UBL may refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction and have the right to suspend the operations through the Internet Banking if it has reason to believe that the Customer's instructions will lead or expose to direct or indirect loss or may require an indemnity from the Customer before continuing to operate the Internet Banking.
In pursuit to comply with laws and regulations UBL may intercept and investigate any payment messages and other information or communications sent to or by the account holder or on the account holder’s behalf through other bank. This process may involve making future inquiries. The Customer shall be free to give Payment Instruction for transfer of funds for such purpose as he/she shall deem fit. The Customer, however agree not to use or permit the Payment Instruction or any related services for any illegal or improper purposes.
For this, the Customer ensures that
He has full right and/or authority to access and avail the services obtained and the goods purchased and shall observe and comply with the applicable laws and regulations in each jurisdiction in applicable territories.
He shall provide UBL such information and/or assistance as is required by UBL for the performance of the Services and/or any other obligations of UBL under this Agreement. He shall not at any time provide to any person, with any details of the accounts held by him with UBL including, the passwords, account number, card numbers and PIN which may be assigned to me by UBL from time to time.
The Customer hereby acknowledges that he utilizes this facility at their own risk. These risks may include the following:
The Customer acknowledges that in case any third person obtains access to the account access information, he would be able to instruct fund transfers and provide Payment Instructions. The Customer ensures that the terms and conditions applicable to the use of the password are complied with at all times.
The Internet is susceptible to a number of frauds, misuse, hacking and other actions that could affect Payment Instructions to the Bank. Whilst the Bank shall aim to provide security to prevent the same, there cannot be any guarantee from such Internet frauds, hacking and other actions that could affect Payment Instructions to the Bank. The Customer separately indemnifies the bank against all risks arising out of the same.
The transfer of funds to third party accounts would require proper, accurate and complete details. The Customer would be required to fill in the account number of the person to whom the funds are to be transferred. In the event of any inaccuracy in this regard, the funds may be transferred to incorrect accounts. In such an event the bank shall not be liable for any loss or damage caused.
The transaction(s) for transfer of funds as per Customer's instruction may not be completed for some reasons. In such cases, the Customer shall not hold the Bank responsible in any manner in the said transaction(s) and contracts and the Customer's sole recourse in this regard shall be with the beneficiary of the transaction.
The technology for enabling the transfer of funds and other services offered by UBL could be affected by virus or other malicious, destructive or corrupting code, programme or macro. It may also be possible that the website of the Bank may require maintenance and during such time it may not be able to process the request of the Customers. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inability.
The Customer understands that the Bank disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by the Bank to honour any Customer instruction for whatsoever reason. The Customer understands and accepts that the Bank shall not be responsible for any of the aforesaid risks and the Bank shall disclaim all liability in respect of the said risks.
Authority to UBL for Internet Banking
The Customer irrevocably and unconditionally authorizes UBL to access all his Account(s) for effecting banking or other transactions performed by the Customer through the Internet Banking. The right to access shall also include the right at UBL's sole discretion to consolidate or merge any or all accounts of the Customer with UBL and the right to set off any amounts owing to UBL without prior notice.
The instructions of the Customer shall be effected only after authentication of the Customer in accordance with the prescribed procedure for Internet Banking. UBL shall have no obligation to verify the authenticity of any transaction received from the User other than by Login/Password and Pin code.
The email confirmation, if any, that is received by the Customer at the time of operation of the Internet Banking by the Customer shall be accepted as conclusive and binding for all purpose. All the records of UBL generated by the transactions arising out of the use of the Internet Banking, including the time the transaction recorded shall be conclusive proof of the genuineness and accuracy of the transaction.
While UBL and the Affiliates shall endeavor to carry out the instructions promptly, they shall not be responsible for any delay in carrying on the instructions due to any reason whatsoever, including due to failure of operational systems or any requirement of law.
Liability of the Customer
Neither UBL nor the Affiliates shall be liable for any unauthorized transactions occurring through the Internet Banking and the Customer hereby fully indemnifies and holds UBL and the Affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
UBL shall under no circumstance be held liable to the Customer if the Internet Banking is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of UBL. Under no circumstances shall UBL be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person.
Illegal or improper use of the Internet Banking shall render the Customer liable for payment of financial charges as decided by UBL or will result in suspension of the operations through the Internet Banking.
The Customer undertakes to comply with all applicable laws and regulations governing the account of the Customer. For the avoidance of doubt, the governing law is the substantive and procedural laws of the Islamic Republic of Pakistan.
The Customer may use the Internet Banking to direct UBL to provide him with Account Information through Email or SMS from time to time to be sent directly to his registered email address or mobile number (which will be identified to UBL by the Customer). The format and extent of information to be provided by way of Alerts to the Customer shall be determined by UBL. The frequency of the Alerts to be provided to the Customer will be determined by the Customer in accordance with the options provided by UBL. UBL shall under no circumstances whatsoever, be held responsible or liable by the Customer for any delay in delivery of the Alerts nor the inaccuracy of the information contained in such Alerts sent to the Customer by UBL. UBL shall not be liable for the incorrect delivery of, nor for its inability to deliver the Alerts altogether.
The Customer hereby agrees to bear the charges as may be stipulated by UBL from time to time for availing the Internet Banking services. The Customer shall be clearly notified of the charges through schedule of charges of the bank or through information posted on the website of the bank or through emails sent to customers registered email address with the bank.
The Customer hereby authorizes UBL to recover the service charge by debiting one of the Accounts of the Customer or by sending a bill to the Customer who will be liable to make the payment within the specified period. Failure to do so shall result in recovery of the service charge by UBL in a manner as UBL may deem fit along with such interest, if any, and/or withdrawal of the Internet Banking without any liability to UBL.
Applicability to Future Accounts
UBL and the Customer agree that if the Customer opens further Accounts with UBL and/or subscribes to any of the products/services of UBL or any of the Affiliates, and UBL extends the Internet Banking to such Accounts or products or services and the Customer opts for use thereof, then these Terms shall automatically apply to such further use of the Internet Banking by the Customer.
In consideration of UBL providing Internet Banking to the Customer, the Customer shall indemnify and hold UBL and/or the Affiliates, as the case may be, including both their officers, employees and agents, indemnified against all losses and expenses on full indemnity basis which UBL may incur, sustain, suffer or is likely to suffer in connection with UBL or Affiliates' execution of the Customer's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through Internet Banking for any action taken or omitted to be taken by UBL and /or the Affiliates, its officers, employees or agents, on the instructions of the Customer. The Customer will pay UBL and /or the Affiliates such amount as may be determined to be sufficient to indemnify it against any such, loss or expenses even though they may not have arisen or are contingent in nature.
The Customer shall take all necessary precautions to ensure that there are no mistakes and errors and that the information given or instructed to UBL is error free, accurate, proper and complete at all points of time. On the other hand in the event of the Customer's Account receiving an incorrect credit by reason of a mistake committed by some other Person, UBL shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the Customer. The Customer shall be liable and responsible to Bank and accede to accept the Bank's instructions without questions for any unfair or unjust gain obtained by the Customer as a result of the same.
Disclosure of Information
The Customer agrees that UBL and/or Affiliates or their contractors may hold and process his Personal Information and all other information concerning his Account(s) on computer or otherwise in connection with the Internet Banking as well as for analysis, credit scoring and marketing pursuant to being instructed by the customer in writing and as provided under law. The Customer also agrees that UBL may disclose, in strict confidence, to other institutions, such Personal Information as may be reasonably necessary for reasons inclusive of but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for credit rating by recognized credit scoring agencies, for fraud prevention purposes.
Change of Terms
UBL shall have absolute discretion to amend or supplement or delete any of the Terms at any time and will endeavor to give prior notice of thirty days for such changes. Such change to the Terms shall be communicated to the Customer through its website or through email sent to customers registered email address. By continuing to use any existing or new services as may be introduced by UBL, the Customer shall be deemed to have accepted the changed Terms.
The grant of Internet Banking to a Customer is purely personal in nature and not transferable under any circumstance and shall be used only by the Customer.
Termination of Internet Banking
The Customer may request for termination of the Internet Banking any time by giving a written notice of at least 15 days to UBL or unsubscribing through the Internet Banking Website. In the case of a written notice the termination shall take effect on the completion of the fifteenth day. The Customer will remain responsible for any transactions made through the Internet Banking until the time of such termination. UBL may withdraw or terminate the Internet Banking anytime either entirely or with reference to a specific service or Customer; or in case of breach of Terms by the Customer without any prior notice, or if it learns of the death, bankruptcy or lack of legal capacity of the Customer.
UBL may publish notices of general nature, which are applicable to all Customers in newspapers or on its web site or through emails sent to customers registered email address. Such notices will have the same effect as a notice served individually to each Customer.
The clause headings herein are for only for convenience and do not affect the meaning of the relative clause. UBL may sub-contract and employ agents to carry out any of its obligations under this contract. Internet banking service would be available to the Customers in certain cities only and during timings specified by UBL from time to time and transactions would be carried out on the same day or on the next working day depending upon the time of logging of the transaction. All costs incurred by the User including telecommunication costs to use the Internet Banking would be borne by the Customer.
UBL shall be entitled to sell, assign or transfer UBL's right and obligations under the Terms and any security in favor of UBL (including all guarantee/s) to any person of UBL's choice in whole or in part and in such manner and on such terms and conditions as UBL may decide. Any such sale, assignment or transfer shall conclusively bind the Customer and all other persons.
The Customers, his heirs, legal representatives, executors, administrators and successors are bound by the Terms and the Customer shall not be entitled to transfer or assign any of his rights and obligations.
Right of set-off and Lien
UBL shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future, on the deposits held in the Account(s) or in any other account, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the Internet Banking extended to and/ or used by the Customer.
The Customer acknowledges that the software underlying the Internet Banking as well as other Internet related software which are required for accessing Internet Banking are the legal property of the respective vendors. The permission given by UBL to access Internet Banking will not convey any proprietary or ownership rights in such software. The Customer shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Internet Banking or create any derivative product based on the software.
The Terms will be construed and enforced in accordance with, and the rights of the parties hereto will be governed by, the laws of Pakistan applicable therein. Any and all disputes arising under the Terms, whether as to interpretation, performance or otherwise, will be subject to the exclusive jurisdiction of the courts of at Karachi Pakistan and each of the parties hereto hereby irrevocably attorns to the exclusive jurisdiction of such courts.
The Parties hereby agree that any legal action or proceedings arising out of the Terms for Internet Banking shall be brought in the courts and to irrevocably submit themselves to the jurisdiction of such courts.
UBL may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms for Internet Banking in any other court, tribunal or other appropriate forum, and the Customer hereby consents to that jurisdiction.
Any provision of the Terms for Internet Banking which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.
UBL reserves the right to terminate the facility of Internet Banking, either partially or in totality, at any time whatsoever, without prior notice.