Mobile & E-Banking Terms and Conditions

Mobile & E-Banking Terms and Conditions

Mobile and e-banking

These terms and conditions together with the application made by the Customer and as accepted by Family Bank shall form the contract between the Customer and Family Bank, and shall be further subject to such terms as Family Bank may agree with the other service providers, aiding Family Bank in providing the Facility. These terms and conditions shall be in addition to and not in derogation of the terms and conditions governing and related to Family Bank Mobile Banking, electronic products and the Account and/or any other product/services provided by Family Bank and its affiliates. By registering for the Facility, for the first time (and every time thereafter), the Customer acknowledges and accepts (and reaffirms his acknowledgment and acceptance of) these terms and conditions, to the fullest extent possible.

Definitions

Mobile Banking: is a personal financial information management service that allows you to access your Family Bank Account information or the performance of transactions over the phone through the bank’s secure system.

Account: shall mean any account at the bank which has been registered for use via the mobile banking service.

Customer: shall mean the natural person or legal entity acquiring services from the Bank.

Bank: shall mean Family Bank Limited or any successors or assigns.

E-products: the products rendered by the Bank to the Customer and acquired by the Customer from the Bank, whether or not through the internet, using, among others, fax and e-mail.

Facility: shall mean Mobile Banking facility provided to the customers.

System: shall mean the mobile banking and communications software enabling the customer to communicate with the bank.

Request: a request or instruction received by the bank from the customer to communicate with the bank for the purposes of the service. The system service will for the purpose of this agreement be accessed through the mobile phone.

MBS: shall be the acronym for Mobile Banking service

Branch: a branch or branches of the bank which may from time to time be specified by the bank to the customer.

Terms & Conditions

  1. The Customer shall apply to the Bank for MBS & E-Products (and/or for any changes to the options available under the facility) by application through forms as prescribed by the Bank from time to time for the use of the facility by visiting his/her branch or such other medium(s) as the Bank may from time to time specify. Customer shall inter-alia provide a Mobile Number which is not already used for MBS provided by the Bank.
  2. The Bank will from time to time determine or specify at its discretion the scope and features of the MBS & e-Banking Products and are entitled to modify, expand or reduce the same at any time upon notice to the customer.
  3. Customer’s application for MBS & Electronic Banking shall be accepted only after authentication of the customer through any mode of verification as may be stipulated by the Bank from time to time as may be decided at the discretion of the Bank.
  4. Customer, by making a request for transaction from his mobile phone in the format prescribed by the Bank, irrevocably and unconditionally authorises the Bank to access all its accounts linked to MBS for effecting the transaction and also share the information regarding his accounts with the services provider or any third party as may be required for effecting the transaction.
  5. The Bank shall endeavour to carry out the instructions promptly, however it shall not be responsible for the delay in carrying out the instructions due to any reason whatsoever including but not limited to failure of operational system, failure at mobile operator end or due to any requirement of law.
  6. The e-Banking Products and MBS may, without prior notice be terminated, be suspended or terminated by the bank for any reason whatsoever, including and without limitation to, invalid data, closure of related account(s), breakdown, maintenance, modification, expansion and/or enhancement work caused or initiated by the telecommunications Company(s) concerned in relation to their network or by any service provider in respect of the SMS banking. The Bank will not assume any liability or responsibility for any such suspension or termination. The e-Banking Products may be terminated at any time by notice from the customer. to any such termination shall be effective within (4) days of receipt of the termination notice by the bank.
  7. Customer should know that request for transactions, once made through his mobile are non retractable as these are processed instantaneously and on a real time basis. Therefore customer should take sufficient care while making a request for the transaction from his mobile.
  8. Customer shall be solely responsible for accuracy and authenticity of the request made by him/her for information/transaction. The Bank shall not be liable for consequences arising out of erroneous information provided by the customer.
  9. If the customer suspects that there is an error in the information provided to him/her by the Bank, he/she shall advise the Bank as soon as possible. The Bank shall endeavour to correct the error wherever possible on a best effort basis. The bank shall however not be liable for any inadvertent error which results in providing incorrect information to him.
  10. The customer is solely responsible for protecting his PIN and mobile phone. Family Bank shall not be liable for unauthorised use of PIN or mobile phone of the customer. All requests emanating out of customer’s mobile with correct PIN shall be treated as genuine request and shall be acted upon by the Bank as such whether or not actually initiated by the customer.
  11. It shall be the Bank’s endeavour to maintain the secrecy and confidentiality of customer’s accounts to the best of its abilities. The Bank however shall not be liable if the customer’s accounts are compromised on account of breach of secrecy, denial of service or on account of hacking/other technological failures.
  12. If a customer changes his/her mobile number, he should visit his branch and update such change for MBS in the form prescribed by the Bank for this purpose. Once his request is accepted, his MBS shall be de-activated.
  13. The customer shall promptly notify the bank of any changes to information provided to the bank related to or for the purposes of the e-Banking Products & MBS including change of email address or the details of the customer’s designated mobile phone number and the telecommunications company providing or servicing it. In addition, the customer shall promptly inform the bank of any loss or theft of their Mobile phone. The bank shall not be liable for any loss or claim resulting from the relaying of any information pursuant to the e-Banking Products to the designated mobile phone number prior to receipt of any notification of loss or theft.
  14. The Bank may send messages to the customers regarding products/services of the Bank, or any other promotional message that the Bank may consider from time to time.
  15. Customer can request for termination of his MBS by visiting his branch and submit his request in the form prescribed the Bank for this purpose. Customer can also send an SMS in the format prescribed for this purpose.
  16. It shall be the Bank’s endeavour to give a reasonable notice for withdrawal or termination of MBS, but the Bank may at its discretion withdraw temporarily or terminate the MBS either wholly or partially anytime without giving prior notice to the customer. MBS may be suspended for any maintenance or repair work, any emergency or security reasons without proper notice and the Bank shall not be liable for denial of MBS.
  17. The Bank may at its discretion change terms and conditions as mentioned here any time as it deems fit.
  18. Any dispute or difference arising out of or in connection with MBS shall be subject to exclusive jurisdiction of the in Kenya
  19. Any notice from the bank to the customer may be made in such manner and by such means of communication as the bank shall deem fit, including and without limitation to, use of direct mailing material, advertisement, branch display, electronic communications such as e-mail or via the e-Banking Products. Any notice from you to us shall be in writing at the following address Family Bank Limited, P.O Box 74145-00200 Nairobi Kenya

Disclaimer of Liability

  1. Family Bank is in no way liable for any error or omission in the services provided by any Mobile or any third party service provider (whether appointed by Family Bank in that behalf or otherwise) to the customer, which may affect the Facility.
  2. Family Bank does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. Family Bank makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the customer or by any person resulting from or in connection with the Facility.
  3. Family Bank shall under no circumstance be held liable to the customer if the Facility is not available or there is any delay in the carrying out of the instructions for any reasons whatsoever 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 Family Bank. Without limitation to the other provisions of these Terms and Conditions, Family Bank, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of Family Bank in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any Mobile service provider and Family Bank’s system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the customer, Family Bank’s system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility. Illegal or improper use of the Facility by the Authorised User or any other person shall render the customer and the Authorised User liable for payment of financial charges as decided by Family Bank and / or will result in suspension of the Facility to the Customer.
  4. Notwithstanding anything to the contrary stated herein, Family Bank shall not be involved in or in any way be liable to the customer for any dispute between the Customer and a cellular services provider or any third party service provider (whether appointed by Family Bank in that behalf or otherwise).