AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
Mobile Banking – User Terms and Conditions
Ownership
This document is owned by AccessBank Tanzania Limted
The Management Team of AccessBank Tanzania Limited is responsible for ensuring that it remains
accurate and up-to-date at all times.
No changes may be made to this document; no copies availed to any party external to AccessBank
Tanzania Limited. without the prior written approval of the Management Team.
Copyright
This document contains proprietary information that is protected by copyright. All rights are reserved. No
part of this document may be photocopied, reproduced or included in any published document, circular or
statement nor published in any way or translated into another language without the prior written approval
of AccessBank Tanzania Limited of the form and context in which it may appear.
Mobile Banking – User Terms & Conditions
Page 1
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
1.
INTRODUCTION......................................................................................... 3
2.
DEFINITIONS ............................................................................................. 4
3.
USE OF MOBILE BANKING ...................................................................... 5
4.
UN-AUTHORIZED USE .............................................................................. 5
5.
INDEMNITY AND WARRANTY BY THE CUSTOMER .............................. 5
6.
DUTIES OF THE CUSTOMER ................................................................... 6
7.
FEES........................................................................................................... 6
8.
AVAILABILITY OF MOBILE BANKING ..................................................... 8
9.
REQUIREMENTS ....................................................................................... 8
10.
LIABILITY FOR LOSS OR DAMAGE ..................................................... 8
12.
INTELLECTUAL PROPRIETY ................................................................ 9
13.
TERMINATION, SUSPENSION OF WITHDRAWAL OF MOBILE
BANKING SERVICES ....................................................................................... 9
14.
ANTI-MONEY LAUNDERING ................................................................. 9
15.
GENERAL ............................................................................................. 10
16.
HANDLING OF COMPLAINT ............................................................... 10
Mobile Banking – User Terms & Conditions
Page 2
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
1.
Date Approved
01.05.2014
Replaces pages
none
INTRODUCTION
Please read the following Terms and Conditions carefully.
By using these services, the customer acknowledges that the customer have read and
understood the Terms and Conditions and that the customer accepts and will be bound
by them, as they may be modified by AccessBank Tanzania Limited (the Bank) from
time to time, and posted on the Bank’s website and published in the branches.
Shall the customer not agree with these Terms and Conditions, s/he may be prevented
from using this service.
Mobile Banking – User Terms & Conditions
Page 3
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
2. Definitions
In these Terms and Conditions, the following words will have the following meanings:
‘Mobile banking’ means the service provided by the Bank including and offering
the following:
I.
obtaining information relating to the Account such as balance inquiry, ministatements and full statements requests;
II.
transferring funds, including transfer to other bank accounts and mobile money
e-wallet;
III.
paying bills and air-time top-ups;
IV.
requesting for a cheque-book;
V.
authorization of withdrawals at agents.
‘Account’ means any facility, arrangement or other transaction platform between the
Bank and the Customer, held or registered in the name of the Customer including any
such other accounts in respect of which the Customer holds a Valid Mandate.
Applicable Anti-Bribery and Corruption and Anti Money Laundering Laws’ means
any bribery, fraud, kickback, or other similar anti-corruption and Anti Money
Laundering laws or regulation including but not limited to the Prevention and
Combating of Corruption Act of 2007, Anti Money Laundering Act of 2006, Proceeds of
Crime Act of 1991 of the United Republic of Tanzania, Bribery Act and the US Foreign
Corrupt Practices Act of 1977, UK Bribery Act of 2010 (as amended from time to time).
‘Billing Account’ means the Customer’s nominated account used for the purpose of
debiting the fees payable in terms of this agreement.
‘Commencement Date’ means the date of submission of a signed application for
registration. ‘Customer’ means the person who has registered to use Electronic
Channels Banking.
VI.
Limitations in amount of any transaction involving the transfer of funds of a
maximum of 1,000,000 TZS per day.
VII.
‘Customer’, means any person/s authorized or deemed to be authorized to use the
Mobile Banking channel.
VIII.
IX.
X.
‘PIN’ means numeric digits (Personal Identification Number), chosen by the
Customer or Main User and used as a security and authentication when
authorizing mobile banking services.
“Token code” is a unique code that acts as a once-off password that is
required when performing particular transactions such as withdrawals at
agents.
Mobile Banking – User Terms & Conditions
Page 4
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
3. Use of Mobile Banking
3.1. The use of Mobile Banking is subject to Terms and Conditions as provided by
the B ank. This agreement governs the Customer and the Bank’s rights and
obligations when the Customer use or access Mobile Banking services. The
Customer will become bound to the most recent version of this agreement
once the customer register to use Mobile Banking.
3.2. To use Mobile Banking, the customer must be at least 18 years old and be
registered as an account holder with AccessBank.
3.3. The Customer acknowledges that information transmitted through Mobile
Banking or any other communication system, including wireless
communication system, is susceptible to unlawful access, distortion and
monitoring and that the Customer uses Mobile Banking at its own risk.
3.4. The Customer authorizes the Bank to carry out any and all instructions given
via Mobile Banking, including the debiting of and transfer of funds from the
Account and the furnishing of information on the Account, provided that the
instructions are authenticated by the use of:
3.4.1. PIN code.
3.4.2. Any other procedure which may be agreed in writing between the
Customer and the Bank.
3.5. The provision of Mobile Banking will not entitle the Customer to overdraw the
Account.
3.6. The Customer should comply with AccessBank Tanzania security
recommendations and directions as published on the website or via the
branches.
4. Un-authorized use
4.1. The Bank deals with the customer remotely when the customer is using Mobile
Banking, as such, the Customer authorizes the Bank to act on and accept all
instructions and transactions that occur after the customers PIN has been
entered or applied. The Bank is entitled to and will proceed on the assumption
that all such transactions have been authorized by the customer, even in
circumstances where such transactions occur without the customers
knowledge, consent or authority. The Customer must inform the Bank
immediately, through going physically to the branches or call to our Customer
Support Center through numbers displayed on boards to each of our branch, if
he/she knows or suspects that his/her PIN code (s) have been lost, stolen,
tempered or may be subjected to unauthorized use.
4.2. If any unauthorized person obtains the PIN code (s) in any manner
whatsoever, such a person will be regarded as the Customer’s duly authorized
agent with full authority to use Mobile Banking on the Customer’s behalf,
unless proved this is due to the Bank’s negligence.
5. Indemnity and warranty by the customer
5.1. The Customer indemnifies the Bank against any damage, loss and/or
consequential damage that the Bank may suffer as a result of incorrect,
negligently, wrong, unauthorized and/or wrongful instructions or information
given by the customer or any other person authorized or deemed to be
authorized to act on behalf of the customer.
Mobile Banking – User Terms & Conditions
Page 5
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
5.2. The Customer hereby warrants to the Bank that the Customer has the required
legal capacity to enter into and be bound by these Terms and Conditions.
6. Duties of the customer
6.1. The Customer must ensure secure retention of his/her PIN secret.
6.2. The Customer is prohibited from disclosing the PIN to any third parties to
prevent access by unauthorized person.
6.3. The Customer must take all reasonable precautions to prevent unauthorized
use of Mobile Banking and unauthorized access to the Account.
6.4. If the Customer suspects that the PIN has become compromised, the
Customer must immediately notify the Bank and arrange to immediately
change the PIN.
6.5. The Customer must provide the correct account number as well as the correct
branch clearing code, where required, of all beneficiaries when instructing the
Bank to make payments, pay accounts and to transfer funds to such
beneficiaries or when accessing or carrying out any other transaction or
service. The Bank is not obliged to, at any stage; verify an account number
and branch clearing code against the name of a beneficiary.
7. Fees
7.1. Any fees and charges in respect of Mobile Banking will be debited to the
Customer’s nominated bank account (Billing Account). A copy can be obtained
from any AccessBank’s branch. Should the Bank be unable to recover any
fees/charges from the nominated bank account on the due date, due to
insufficient funds or for any other reason whatsoever, the Bank shall be
entitled to recover such fees/charges as and when the funds may be become
available in the customer’s nominated bank account, alternatively from any
other AccessBank Bank’ account belonging to the Customer.
7.2. Should the Bank be unable to recover any fees/charges as per 7.1 above, the
Bank reserves the right to suspend the Mobile Banking service with immediate
effect, with or without notice.
7.3. The Bank may vary the fees/charges in respect of Mobile Banking by giving a
one month notice of such amendments to the Customer by posting a
notification of amendments on the website and/or in our branches.
Mobile Banking – User Terms & Conditions
Page 6
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
7.4. The fees for Mobile Banking are as follow:
Withdrawal (TZS) (e-wallet)
Customer
Fees
0 - 10,000
300
10,001 - 20,000
500
20,001 - 50,000
750
50,001 -100,000
1,000
100,001 - 150,000
2,000
150,001 - 200,000
2,500
200,001 - 250,000
3,000
250,001 - 300,000
3,500
300,001 - 500,000
3,750
500,001 - 750,000
4,000
750,001 - 1,000,000
Deposit (TZS) (e-wallet)
5,000
0 - 10,000
None
10,001 - 20,000
None
20,001 - 50,000
None
50,001 -100,000
None
100,001 - 150,000
None
150,001 - 200,000
None
200,001 - 250,000
None
250,001 - 300,000
None
300,001 - 500,000
None
500,001 - 750,000
None
750,001 - 1,000,000
None
ABT internal transfers (same account holder)
None
Customer
Fees
ABT internal outgoing transfers (other account
holder in TZS)
5,000
Balance inquiry
50
Mini-statement
300
Full account statement request
500
Request of foreign currency exchange
600
Cheque book request
600
Mobile Banking – User Terms & Conditions
Page 7
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
8. Availability of Mobile Banking
8.1. Mobile banking will be available on a 24/7 basis, subject to the availability of
the Internet and Mobile Networks connections and to any periods required for
necessary maintenance of the Internet and Mobile networks connections.
8.2. Should Mobile Banking be unavailable for whatever reason, the Customer
must use the Bank’s other available service channels and take reasonable
steps to minimize and/or prevent loss or risk.
9. Requirements
9.1. Should the Customer obtain access to Mobile Banking, the Customer must
register with Mobile Network Operator before the commencement date of
registration for this service.
9.2. The Customer will be solely responsible for obtaining of the prescribed cell
phone and the connection to the Mobile Network Operator and any related
costs or expenses will be borne by the Customer.
9.3. Should the cell phone requirements be modified with a view to improving or
upgrading Mobile Banking, the resultant costs of any new cell phone or service
provider connection required so as to use Mobile Banking will be borne by the
Customer.
9.4. In the event that the Customers experience connectivity or other access
related difficulties the mobile phone and/or Mobile Network Operator, it is the
Customer’s responsibility to liaise with the Mobile Network Operator prior to
contacting the Bank.
10. Liability for loss or damage
10.1.
The Customer acknowledges that the use of Mobile Banking and the
Account is at the Customer’s own risk.
10.2.
The Bank will not be responsible for any damage, loss or consequential
damage which the Customer may suffer as a result of:
10.2.1. Any malfunction or defect in the hardware used by the Customer (which
includes the personal computer or cell phone).
10.2.2. Any defect in the software used by the Customer to gain access to
Mobile Banking.
10.2.3. Any act or omission by the Mobile Network Operator or any defect in
Mobile Banking or any other medium by which access is gained to the
system.
10.2.4. Mobile banking being off-line or unavailable.
10.2.5. Any industrial action.
10.2.6. Any other circumstances not reasonably within the Bank’s control.
10.2.7. Erroneous, unauthorized, incomplete or unlawful instruction from the
Customer.
10.2.8. Unlawful or unauthorized access by any another person(s).
Mobile Banking – User Terms & Conditions
Page 8
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
10.2.9. Incorrect or late execution on non-payment of any instruction given by
the Customer.
12. Intellectual propriety
12.1.
The Bank retains all copyright and other intellectual property rights in all
material, including logos and other graphics and multimedia works published.
12.2.
The Customer is authorized to view and retain a copy of these Terms
and Conditions print and make copies of such printouts, provided that the
material is used for considering use of Mobile Banking and for no other
commercial purposes.
13. Termination, suspension of withdrawal of Mobile Banking services
13.1.
The Customer may terminate Mobile Banking services by giving the
Bank 30 (thirty) days’ written notice. The notice should be signed by the
customer.
13.2.
The Bank is entitled, at its discretion, to terminate Mobile Banking
services at any time the Bank deems it necessary.
13.3.
In order to protect the Customer, the Bank and the banking systems,
the Bank is entitled to immediately suspend or withdraw all or part of the
Mobile Banking services if the Channel is being used contrary to the Terms
and Conditions of this agreement; the Bank has reasonable grounds to believe
that the channel may be used negligently, illegally or fraudulently or the Bank
believes that the security of the system used to provide Mobile Banking may
be compromised.
13.4.
In the event that Mobile Banking not being used for a period of 6 (six)
months or longer, the Bank reserves the right to terminate the agreement
without prior notice. The Customer may reapply for Mobile Banking at any
time.
13.5.
The customer is liable for all transactions and/or obligations (and related
charges) which are incurred to the date of termination.
14. Anti-money laundering
14.1.
The Customer, will at all times implement adequate procedures
designed to prevent him/her or any Associated Person from engaging in any
activity which would constitute an offence under the applicable Anti Money
Laundering Laws of the United Republic of Tanzania.
14.2.
The Customer represent that, in connection with this Agreement, no
improper financial or other advantage has been, will be or is agreed to be
given to any person (whether working for or engaged by AccessBank or any
third party) by or on behalf of the Customer or its Associated Persons.
14.3.
The Customer will promptly report to the Bank management in writing
upon becoming aware that Bank’s staff or any Associated Persons relevant to
this Agreement or to any agreement with AccessBank Tanzania.
14.3.1. have committed an actual or suspected breach of any Applicable Anti
Money Laundering Laws;
Mobile Banking – User Terms & Conditions
Page 9
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
14.3.2. are the subject of any actual or threatened police, judicial or regulatory
investigation or proceedings in relation to any suspected breach of any
Applicable Anti-Bribery and Anti Money Laundering Laws,
14.3.3. have received any request or demand for any undue financial or other
advantage in connection with the performance of this Agreement.
14.3.4. The customer agrees to give reasonable assistance and cooperation to
the Bank in relation to any police, judicial or regulatory investigation or
enquiry in relation to any suspected bribery or corruption or Anti Money
Laundering Laws, whether during the term of this Agreement or up to five
years after its termination;
15. General
15.1.
All information concerning the service is only intended to provide the
Customer with general information about the Bank, Bank products and
services and the Bank will endeavor to ensure that the information provided is
up to date. The Bank will periodically amend, add, delete, update or alter the
information, including without limitation, the Terms and Conditions of use for
Mobile Banking, without notice. Further, the Bank assumes no responsibility
for any errors or omissions in the content of this Terms and Conditions.
15.2.
Users agrees to indemnify, defend and hold the Bank harmless from
any liability, loss, claim and expense, including legal fees related to a user’s
violation of these Terms and Conditions or unauthorized use of the services
and information provided in this document.
15.3.
The Terms and Conditions will be governed by and construed in
accordance with the applicable laws of the United Republic of Tanzania and
users agree that all legal proceedings relating to the matters herein shall be
adjudicated solely in the courts of the United Republic of Tanzania.
15.4.
To the extent that any portion of these Terms and Conditions shall be
determined to be unenforceable by a court of competent jurisdiction, such
portion will be modified by the court solely to the extent necessary to cause
such portion to be enforceable, and these Terms and Conditions as so
modified will remain in full force and effect. Any waiver of any provisions
contained in these Terms and Conditions by the Bank shall not be deemed to
be a waiver of any other right, term or provision of these Terms and
Conditions.
16.
Handling of complaint
16.1.
Shall Customers be dissatisfied with the services offered by
AccessBank Tanzania; they have the right to raise a complaint through any of
our branches in person, by telephone, email fax, letter or complete a
complaints leaflet which you can obtain from any of our branches.
16.2.
. We also welcome compliments which you may bring to our attention
through the same channels as outlined above.
Mobile Banking – User Terms & Conditions
Page 10
AccessBank Tanzania Ltd.
Mobile Banking User Terms & Conditions
Approved by
Written by
Management
Project Manager
Date Approved
01.05.2014
Replaces pages
none
SIGNED and DELIVERED by the said ACCESSBANK (T) LIMITED
in our presence this…………day of ………….……2014
Signature:
……………………………………
OFFICIAL STAMP
Name:
Postal Address:
…………………………………….
P.O. Box 95068 Dar es Salaam
Qualification/Title:
SIGNED and DELIVERED by the said …………………
in our presence this…………day of ………….……2014
Signature:
……………………………………
Name:
…………………………………
Postal Address:
Qualification/Title:
P.O. Box ……………. Dar es Salaam
………………………………..
Mobile Banking – User Terms & Conditions
Page 11