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Terms and Conditions for “BankIslami Pakistan Limited” Internet Banking and Mobile App Facility/Services Pakistan

NOTICE

Please read the following Terms and Conditions carefully as access to and use of BankIslami Pakistan Limited Internet Banking and Mobile App Facility is subject to these Terms and Conditions. By accessing this website or any pages thereof, the Customer unconditionally and irrevocably agrees to be bound by the Terms & Conditions. If the Customer does not agree with these Terms and Conditions, please do not access this Site or any pages thereof.

1. Definitions

1.1 “Terms and Conditions/Agreement’’ means these terms and conditions and as amended/ modified by BankIslami Pakistan Limited from time to time which will be posted on this website.

1.2 ”I/We/Us/Customer(s) “means the customer of BankIslami Pakistan Limited accessing and or using BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services

1.3 “BankIslami Pakistan Limited” means BankIslami Pakistan Limited, having its registered office at BankIslami Pakistan Limited, 10th Floor, Executive Towers, Dolmen City, Marine Drive, Block 4, Clifton, Karachi, Pakistan.

1.4 “BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services” means BankIslami Pakistan Limited Internet Banking and Mobile App services available and provided on this Site and the “Services’’ means the banking services available through BankIslami Pakistan Limited from time to time which enable the Customer to obtain information and /or to carry out certain banking transactions/services pertaining to the Account(s) through computer, telephone, personal digital assistant and/or electronic device. “PIN’’ refers to the 4-digit number selected by the customer as per the procedure laid out in this Site.

1.5 “Password” refers to the 6 to 16 alphanumeric characters selected by the customer as per the procedure laid out in this site.

1.6 “Account(s)” means the saving or current account and certificates of investments/deposits of the customer maintained with BankIslami Pakistan Limited or which may be opened in the future by the Customer.

1.7 “Statement of Account’’ means a period statement/written confirmation of BankIslami Pakistan Limited in relation to an Account containing details of transactions conducted during the preceding six months period or any period as requested by the Customer.

1.8 “Site’’ means this BankIslami Pakistan Limited website at www.BankIslami.com.pk as amended and modified from time to time by BankIslami Pakistan Limited.

 

1. Customer’s Acceptance

2.1 In consideration of BankIslami Pakistan Limited making available the Services through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services I acknowledge, accept and understand the following

2.2 By accessing and/or using BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services, I have accepted and agree to be bound by the Terms and Conditions stated herein.

2.3 I irrevocably and unconditionally accept as binding any service availed and/or transaction made or given through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services at my own risk and responsibility and BankIslami Pakistan Limited records of any transaction processed through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services shall constitute binding and conclusive evidence of such transaction for all purposes.

2.4 I further acknowledge that any Services accessed or utilized through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services shall be subject to BankIslami Pakistan Limited’s terms and conditions as applicable from time to time including, but not limited to, any fees, expenses or charges relevant thereto which BankIslami Pakistan Limited may directly debits from my Account(s).

1. Customers Responsibilities for Security

3.1 I will be responsible to keep confidential my Password/PIN generated by me by following the procedure outlined on this Site and the same will not be disclosed to any other person and I will safeguard it from being divulged and/or being used by any other person(s).

3.2 I will immediately inform BankIslami Pakistan Limited by calling on UAN if I discover or suspect that the Password/PIN or any part thereof is known to someone (being compromised).

3.3 I will not allow any other person to operate BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services on my behalf and I will not leave my computer unattended during the time when I am online. Neither will I access BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services from a computer connected to a local area network (LAN) without ensuring that no one else is able to observe or copy my access or obtain access to BankIslami Pakistan Limited Internet Banking and Mobile App Services.

3.4 I will be responsible to comply with any other measures and requirement, which BankIslami Pakistan Limited may advise from time to time.

1. Accesses and Use of “BankIslami Pakistan Limited” Internet Banking and Mobile App Facilities/Services

4.1 I will only use BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services on a computer or other internet access device which I own or rent I will not access and use BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services on a computer or any other internet access device which belongs to any other person or which is owned and provided to me by my employer without such persons as the case may be or my employer previous written permission. BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/ Services will not be responsible for any loss damage or harm caused to any person as a result of my not complying with this condition.

4.2 BankIslami Pakistan Limited will not be responsible if I am unable to gain access and /or use BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services due to reasons beyond its control, including without limitation, any computer and telecommunication, electrical, technical or network failure/malfunction.

4.3 BankIslami Pakistan Limited will on a best effort basis make available BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services for use however I agree that the routine maintenance requirements excess demand on the system and reason beyond control of BankIslami Pakistan Limited may cause disruptions in availability of this facility.

4.4 I agree that in relation to BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services, without giving any notice to me BankIslami Pakistan Limited will be entitled to:

4.4.1 Change the mode of operation

4.4.2 Add or remove or otherwise change the Services/facilities provided under this Site.

4.4.3 Close down temporarily or permanently BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services.

4.5 I will be responsible, at my own cost and expense, to ensure that my computer or any other device through which I access BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services is compatible with the service system used by BankIslami Pakistan Limited. BankIslami Pakistan Limited will not be responsible for any loss, damage or harm arising due to non-compatibility between BankIslami Pakistan Limited systems and the computer or other device from where I access BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services.

4.6 I will be responsible to keep the computer or other devices to be use to access and use BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services safe and free from any computer virus and any similar programs/software and ensure that they are adequately protected against acquiring computer virus.

4.7 I am aware and agree that internet communications are not secured unless the data is being sent in an encrypted form. I also agree that BankIslami Pakistan Limited will not be responsible for any unauthorized access and use by a third party and/or corruption of data being sent through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services. Further, I will acquaint myself with the process/method of using the facility available on the Site and BankIslami Pakistan Limited shall not be responsible for any errors made by myself and /or other co-accountholders.

4.8 BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services is intended to be used by the Customer in Pakistan and in case I access and use BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services from a foreign country or outside Pakistan I will be responsible to comply with laws and regulations of the same country/territory including without limitation obtaining any license required for use, import/export of the software/program used for BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services to that country.

4.9 I will be responsible for all claims, actions damages or losses incurred by my internet service provider in relation to my accessing and using BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services.

1. Customers Instructions for Services

5.1 Any instructions given to BankIslami Pakistan Limited through use BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services and by using my Password/PIN and the same instruction will be deemed to be given by me and BankIslami Pakistan Limited shall be entitled to assume that the referred instructions are genuinely given by me and I will protect BankIslami Pakistan Limited for acting on such instructions. BankIslami Pakistan Limited shall be entitled to act on my instructions without any further written or other confirmation from me, even if those instructions have not been actually given or authorized by me. I understand that BankIslami Pakistan Limited is only providing a facility (without obligation) of carrying out my transactions in relation to my Account(s).

5.2 I will be fully responsible for any instruction given to BankIslami Pakistan Limited in relation to the services available via BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services and BankIslami Pakistan Limited will not be liable in any manner for any unauthorized fraudulent or erroneous instruction.

5.3 I agree that BankIslami Pakistan Limited may, in its sole discretion, refuse to carry out any instructions given in relation to BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services if it has reason(s) (in which the decision of BankIslami Pakistan Limited will be final and binding on me) to believe that the instructions are not genuine or otherwise improper or unclear or raise a doubt or in case any instructions appear to be illegal/suspicious in any respect. I will check the Statements for all of my Accounts for any unauthorized transaction. In case of any discrepancy in details of any transactions carried out in respect of the Account, I will immediately inform BankIslami Pakistan Limited in writing. Provided that BankIslami Pakistan Limited will not be responsible in any manner for such discrepancies, if it has reason to believe that such discrepancies resulted due to any reason not attributable to BankIslami Pakistan Limited. If I fail to notify within seven (days) days from the date of the Statement of Account and the transactions(s) will be considered correct and accepted by me.

5.4 I understand and agree that BankIslami Pakistan Limited in its discretion by notice to may withdraw or charge for the Services at time. BankIslami Pakistan Limited will not acknowledge receipt of any instructions given by me nor shall it be responsible to verify any instructions. BankIslami Pakistan Limited will Endeavour to give effect to instructions on a best effort basis.

5.5 I understand that no written advice or confirmation will be made and issued by BankIslami Pakistan Limited for any transactions conducted on BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services although such transaction will be recorded in the Statement of Account as issued by BankIslami Pakistan Limited periodically to me on my request.

5.6 I agree that BankIslami Pakistan Limited will not be liable in any manner for, including but not limited to the following:

5.6.1 Any failure to act upon any instructions or to provide the Services for any reason that is beyond BankIslami Pakistan Limited’s control

5.6.2 Acting in good faith on any instructions received by BankIslami Pakistan Limited

5.6.3 Any error default delay or inability to act on all or any of the instruction given through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services

5.6.4 Loss of any instructions given by me through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services

5.6.5 Unauthorized access by any other person to any instruction given by me through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services

5.6.6 For any loss or damage that may arise or be incurred directly or indirectly by reason of BankIslami Pakistan Limited carrying out my instructions or failure of BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services

5.6.7 For any change alteration additions or deletions to these Terms and Conditions the services the systems of operation of BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services or the daily cut-of times

5.6.8 For any partial incomplete, late or failed transfer or bill payment to any payee nominated under BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services due to reasons beyond BankIslami Pakistan Limited’s control

5.7 Any information given by me will be correct and BankIslami Pakistan Limited will be entitled without any obligation, to review or monitor such information for security, administration or any other purpose such information will be the property of BankIslami Pakistan Limited

5.8 Any instruction submitted through BankIslami Pakistan Limited will not be affected and remain valid if operations of BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services is suspended or comes to an end due to any reason

1. Execution of Instructions/Transactions

6.1 On instructions given through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services, BankIslami Pakistan Limited will be entitled to debit any amount along with the applicable charges/fees as applicable from time to time or the transactions from your Account(s) as instructed by you. The instructions given on BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services cannot be reversed. BankIslami Pakistan Limited will not be responsible for, including but not limited to the following:

6.1.1 To reverse an instruction given through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services

6.1.2 To accept any instructions which are conditional or which require BankIslami Pakistan Limited to make payment to a third party earlier (or later) than the time BankIslami Pakistan Limited requires according to normal banking practice.

6.2 BankIslami Pakistan Limited in its sole discretion will be entitled to refuse to carry out an instruction submitted through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services or may require me to provide a written confirmation of such instructions.

6.3 BankIslami Pakistan Limited will act on instructions in accordance with cut-off times as notified through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services or in absence of such notice as per the normal banking practice.

6.4 In the absence of special instructions, BankIslami Pakistan Limited may convert all transfers to my Account(s) into the currency of the Account(s) at BankIslami Pakistan Limited’s selling rate of the currency.

6.5 All transfers requested by me will be converted by the paying bank into local currency at its buying rate unless the payee has made special arrangement with the paying bank.

6.6 Withdrawals and/or transfer of funds will not be permitted against unlearned funds.

6.7 BankIslami Pakistan Limited will not be liable for any act or omission of any corresponded or paying bank or for any error or delay in transaction. The Customer agrees to indemnify and hold BankIslami Pakistan Limited harmless against such all losses, damages and expenses incurred by BankIslami Pakistan Limited in relation to any demand drafts or other instruments issued by BankIslami Pakistan Limited or any telegraph transfers made by BankIslami Pakistan Limited on my instructions.

6.8 If the cheques or demand drafts are lost, stolen or destroyed I will indemnify BankIslami Pakistan Limited and agree to hold it free and harmless from all liability with respect to the lost, stolen or destroyed Cheques or drafts.

6.9 If the transfer authority is submitted through BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services, BankIslami Pakistan Limited may act upon such authority/instructions and may presume that the same are genuine and accurately represent the wishes of the Customer, even if the instruction are actually compiled or sent in error or by fraud or negligence or altered or amended by someone other than the Customer with or without the actual knowledge or instruction of the Customer. BankIslami Pakistan Limited has no duty to verify the facts and genuineness of the instructions

6.10 I agree to hold harmless and indemnify BankIslami Pakistan Limited against any loss, costs, damages, expenses, liabilities or proceedings, which BankIslami Pakistan Limited may incur or suffer as a result of BankIslami Pakistan Limited acting upon or delaying to act upon or refraining from acting upon the said instructions.

6.11 On my request, BankIslami Pakistan Limited may provide to other co-account holder(s) BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services if I have a joint Account(s) and in that case, we will be joint and severely bound hereunder and responsible to comply with the Terms and Conditions and all liabilities and obligations arising due to access and use of the Site either by any one of us or by all co-account holders collectively.

6.12 We also agree that any instructions given by any of the signatories/co-account holders will be binding on all of us/Join account holders and BankIslami Pakistan Limited will not be response for any claim and dispute between us.

1. Charges

7.1 BankIslami Pakistan Limited will be entitled to:

7.1.1 Charge fees and services for access and use of BankIslami Pakistan Limited Internet Facilities/Services.

7.1.2 Charge applicable fees and service charges for carrying out transactions on BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services such charges are notified in the schedule of charges issued by BankIslami Pakistan Limited from time to time.

7.1.3 Debit the said fees from my Account(s)

1. Liability for Loss or Damage

8.1 Subject to the Terms and Conditions and without prejudice to the rights of BankIslami Pakistan Limited here under BankIslami Pakistan Limited will take reasonably practicable steps to ensure that its systems in connection with BankIslami Pakistan Limited Internet Facilities/Services are adequately secure and manage & control the risks in operating the systems, taking into account all laws regulations, rules, circulars, codes of conduct and good practices prevailing in the banking industry as applicable from time to time.

8.2 BankIslami Pakistan Limited will not be liable for any loss or damage of whatsoever nature, whether direct or indirect or consequential to me including my successors, executors and administration as result of making BankIslami Pakistan Limited Internet Banking and Mobile App Facilities/Services available to me and such loss or damage may include without limitation the following:

8.2.1 Acting on an instruction, which has been validly authenticated as submitted by me but which in fact was given fraudulently by a third person/party

8.2.2 BankIslami Pakistan Limited Internet Facilities/Services being totally or partly unavailable for any reason

8.2.3 Execution of my instruction delayed or not being acted upon by BankIslami Pakistan Limited

8.2.4 My reliance on the information provided on BankIslami Pakistan Limited Internet Facilities/Services.

8.2.5 Any access by a third party to information about my Account(s)

8.3 I will indemnify BankIslami Pakistan Limited, its employees, agents, representatives and nominees on a full indemnity basis from and against all actions, claims, proceedings, demand losses damages, harms (including director consequential) costs, expense, charges taxes, penalties and legal costs and any other liabilities of whatsoever nature which BankIslami Pakistan Limited may incur, suffer by reason of my accessing and/or using BankIslami Pakistan Limited Internet Facilities/Services.

1. Use of information and Materials

9.1 I understand and agree that the information and materials contained in these Pages/Site and the Terms and Conditions and description that appear, are subject to change by BankIslami Pakistan Limited, unauthorized use of the Site and/or other BankIslami websites and system including but not limited to unauthorized entry into BankIslami Pakistan Limited systems, misuse of passwords or misuse of any information posted on the Site is strictly prohibited.

9.2 I agree that by making available BankIslami Pakistan Limited Internet Facilities/Services to me. BankIslami Pakistan Limited is granting me a non- exclusive, non-transferable, temporary license to use this Site and related software to use BankIslami Pakistan Limited Internet Facilities/Services and this permission is restricted to authorized and legitimate access and use of BankIslami Pakistan Limited Internet Facilities/Services. All materials and information and trademark(s) name(s) given in this Site belongs to BankIslami Pakistan Limited. In this regard I agree as follows:

9.2.1 Not use this information/material except in connection with access and using BankIslami Pakistan Limited Internet Facilities/Services

9.2.2 Not to make/take copies sell, assign, commercially, rent sub-license otherwise transfer the same to any third persons

9.2.3 Not attempt or decompose, reverse or tamper with the system/software related to BankIslami Pakistan Limited Internet Facilities/Services

 

1. No Warranty

10.1 The information and materials contained in this Site, including text, graphics, links, or other items are provided “as is’’. As it is on “As available’’ basis, BankIslami Pakistan Limited does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials no warranty of any kind, implied, expressed or statutory including but not limited to the warranty of non- infringement web infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information.

1. Limitation of liability

11.1 In no event will BankIslami Pakistan Limited be liable for any damages, including without limitation direct or indirect special or consequential damages losses or expenses arising in connection with this Site or if any linked site or use of this or any linked site or inability to use by any party or in connection with any failure of performance error omission interruption, defect delay in operation or transaction computer virus or line of system failure even if BankIslami Pakistan Limited or representative thereof are advice of the possibility of such damages, losses or expenses.

1. Availability

12.1 This Site is not intended for distribution to, or use by, any person or entity in any jurisdictions or country where such distribution or use would be contrary to local laws of regulations.

1. Additional Terms

13.1 These Terms and Conditions are in addition to the terms and conditions applicable to the accounts and services and other terms and conditions which govern the services and consumer banking facilities provided by BankIslami Pakistan Limited in the event of a conflict between theses Terms and Conditions and other Term and Conditions these Terms and Conditions will prevail over other terms and conditions as dispute relates to Internet Banking and Mobile App facility as provided through BankIslami Pakistan Limited Internet Facilities/Services.

1. Miscellaneous

14.1 If any of the provision of the Terms and Conditions stated herein is unenforceable the other terms and conditions remain valid and will not affect is enforceability therefore

14.2 Any waiver or relaxations given by BankIslami Pakistan Limited will not be construed a waiver permanently and such waiver will not affect adversely the rights of BankIslami Pakistan Limited under this/Agreement at any other time

14.3 BankIslami Pakistan Limited will have the right to change these Terms and Conditions at any time by giving a notice in such a manner as solely determined by BankIslami Pakistan Limited.

1. Governing Law

15.1 These Terms and Conditions, access and use of BankIslami Pakistan Limited Internet Facilities/Services shall be governed applicable laws of Pakistan and both parties to this Agreement agree to submitted to the jurisdiction of courts in Pakistan, However, BankIslami Pakistan Limited will have the right to pursue its remedies in and outside Pakistan and in the courts of any other jurisdictions which is considered appropriate by it