bcl_846797854.htm

TERMS AND CONDITIONS FOR MOBILE BANKING

1.INTRODUCTION:

These terms and conditions apply to the use of our mobile banking services and shall be read in conjunction with our internet banking terms and conditions to the extent that they are relevant and applicable. It enumerates your rights and responsibilities and those of Consolidated Bank of Kenya Limited regarding the use of internet and mobile banking services.

2.DEFINITIONS:

2.1“We�?, “us�?, “our�?, “the bank�? means Consolidated Bank of Kenya Limited

2.2“You�?, “your�? means:

i)in the case of an individual, the customer who has an account(s) with us on which the service is available. If you have a joint account, references in these conditions to “you�? include each of you together and separately; or

ii)in the case of a limited company, any director, official and

any other persons authorised by the customer to give instructions on the account(s); or

iii)in the case of a partnership, the individual partners (in their

separate capacities of partners and individuals) and any other persons authorised by the customer to give instructions on the account(s); or

iv)in the case of a limited liability partnership, any member and

any other person(s) authorised by the customer to give instructions on the account(s); or

v)in the case of a sole trader or professional practitioner, the

customer who has the account(s) and any other person(s) authorised by the customer to give instructions on the account(s); or

vi)in the case of a club, society or unincorporated body, any official and any other person(s) authorised by the customer to give instructions on the account(s); or

vii)in the case of a trust, any trustee and any other person authorised by the trustees to give instructions on the account(s).

2.3“Security Details�? means the identifying words, codes and numbers agreed between you and us that are used in the security procedure. They may include Personal Identification Number (PIN), user identification, password, or any other means of secure identification

2.4“Service�? means the Consolidated Bank internet and mobile banking services when accessed using the internet or mobile terminal device.

2.5Software is deemed to include software to be installed on the user’s mobile phone subject to any changes as may be proposed by the bank from time to time.

3.REGISTRATION & ELIGIBILITY:

3.1In order to use the mobile banking service you must be registered by the bank and comply with the registration and activation procedures by the bank.

3.2By agreeing to be bound by the terms of this agreement you agree that mobile banking services will be available on all eligible accounts with the bank provided that the bank will advise you from time to time as to which accounts may ineligible for mobile banking.

4.SPECIFICATIONS, CONFIGURATIONS AND AVAILABILITY:

4.1The mobile banking service will only be available for mobile phones and data connections which meet the required specifications and configurations as may be specified by the bank from time to time. You agree to procure and maintain a mobile

phone and data connection in keeping with the prescribed specifications and configurations.

4.2The bank will make available to you all relevant user guidance to enable you access and operate the mobile banking service and notify you from time to time of any changes to the access and operation procedures.

4.3The bank intends to make available the mobile banking service seven days a week, twenty four hours a day but the bank does not warrant that this will always be so. Provided that the bank may in its discretion and without notice temporarily suspend the availability of the mobile banking service for maintenance and upgrading purposes as necessary but the bank shall not be liable for any loss, liability or damage that may result therefrom.

4.4The bank may in its sole discretion and without notice from time to time, vary, alter, suspend, or remove any part or all of the mobile banking service or any function or feature, without giving any reason and without incurring any liability whatsoever.

4.5Where conflicting or inconsistent instructions are received from two or more joint account holders, the bank shall be entitled to act on any one of these instructions without any liability for any failure to act on the other instructions.

5.SECURITY AND ACCESS PROCEDURES:

5.1Security codes will be issued by the bank for access to the mobile banking service, which may be different from those issued for the other services. The bank may also issue separate requirements, restrictions, instructions, activation and access procedures, or any additional conditions pertaining to the access and use of the mobile banking services, the software, the security codes for the mobile banking service, and the transmission of Instructions. All procedures may be varied by the bank from time to time. You agree and undertake to be bound by and to comply with all of the procedures as may be issued by the bank from time to time.

5.2The bank shall not be bound by or obliged to take any action on any instructions which do not properly comply with the prescribed procedure and the bank may reject such non-compliant instructions.

5.3You must secure the software and the security codes installed in your mobile

phone with a password. All such passwords and the security codes must be kept strictly confidential and must not be disclosed to anyone else.

5.4You must not leave your mobile phone unattended or permit any person access to your mobile phone in such a manner that he may access your software, security codes or the mobile banking service, whether with or without your consent.

5.5In the event that you lose or replace or part with possession or control of your mobile phone in which the software and/or security codes are installed, or if you have reason to believe that someone has accessed your bank account(s) using the software or security codes, you must immediately notify and instruct the bank to revoke the security codes immediately, and make a fresh application to register for the mobile banking service.

5.6Until and less you notify the bank in accordance with Clause 5.5, all instructions received by the bank which are associated with your security code shall be deemed to have come from you, and the bank shall be entitled to rely on such instructions, whether they actually originated from you or not. You acknowledge that the bank may not be able to reverse or annul any transaction executed based on instructions received prior to your notice to the bank.

5.7Without prejudice to the foregoing and for the avoidance of doubt, all provisions in the internet banking terms and conditions relating to security matters, confidentiality, changing of security codes and passwords, including your liability for unauthorized instructions shall also apply to mobile banking service unless the same is impracticable.

6.SOFTWARE:

6.1Upon completion of the prescribed registration and activation

procedures, you will be permitted to download the software for installation into your mobile phone and be granted the non-exclusive, non-transferable right to use the software, but based upon and subject always to your agreement to the following conditions;

6.1.1You will not use the software for any purpose other than to access your own account(s) via the mobile banking service on your own mobile

phone;

6.1.2You will not download or install the software into a mobile phone which you do not own or have exclusive control;

6.1.3You will not permit or enable any person to access the software, or leave your mobile phone unattended in such a manner as to enable a person to access the software;

6.1.4You will not reproduce, modify or reverse engineer the software or permit another person to do so;

6.1.5You will not permit any person to access your security codes or activation codes or otherwise enable him to download a copy of the software; and

6.1.6The software is made available to you strictly on an "as is" basis, and no warranty is made in relation to the software, including any warranty in relation to its merchantability, fitness for purpose, satisfactory quality or compliance with description, and all warranties which may be implied by law or custom are hereby excluded. In addition, you agree that the bank cannot ensure that the software will be compatible or may be used in conjunction with any mobile phone, and you agree that you will not hold the bank liable for any such incompatibility or for any loss or damage to any mobile phone which may be caused by the software or the installation process.

7.LIABILITY AND INDEMNITY:

7.1For the avoidance of doubt, you agree that all provisions in the internet banking terms and conditions relating to the bank's liability including qualifications, exclusions and limitations shall apply to the mobile banking terms and conditions, and the mobile banking service.

7.2In particular, you acknowledge and agree that in addition to the events set out in the internet banking terms and conditions for which the bank is not liable, the availability and proper functioning of the mobile banking service is dependent on many variable

circumstances, including location, mobile network availability and signal strength, proper functioning of hardware, software and your mobile phone, and the bank shall not be liable for any loss or damage caused by any unavailability or improper functioning of the mobile banking service for any reason.

7.3You agree to indemnify and compensate the bank for any damages, loss, expense or liability incurred by the bank as a result of any breach by you of this terms and conditions.

7.4The bank makes no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the mobile banking services. The bank does not and cannot warrant that the mobile banking services will operate without error, or that the services will be available at all times.

7.5Except as specifically provided in these terms and conditions or otherwise required by Law, you agree that the bank’s officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under the terms and conditions or by reason of your use of the services, including, but not limited to, loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory

7.6The bank makes no warranty that:

7.6.1the service will be uninterrupted,

7.6.2timely or error-free,

7.6.3the service will meet your requirements,

7.6.4the quality of any products, information, services or other material purchased or obtained by you through the service will meet your expectations.

7.7The bank shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:

7.1.1the use or inability to use the product

7.1.2the cost of procurement of substitute goods and services resulting from any goods, data information or services purchased through the service

7.1.3unauthorized access to your transmission

7.1.4unauthorized alteration of your data

7.1.5statement or conduct of any third party service provider

7.1.6any other matter relating to the service

8.CHARGES:

The bank shall be entitled to impose separate fees and charges for the mobile banking service, which may be varied from time to time with notice to you.

9.SUSPENSION OR TERMINATION OF SERVICES:

9.1Notwithstanding anything herein to the contrary, the bank may at any time, in its absolute discretion suspend or terminate your right of access to any of the mobile banking services without notice for any reason whatsoever and without any obligation to give any reasons;

9.1.1The bank will automatically terminate your right of access to the mobile banking services should you cease to maintain any account with the bank which can be accessed via the mobile banking services or should your access to such account be restricted by the bank or any other party for any reason;

9.1.2You may terminate the mobile banking services by giving prior written notice to the bank. The mobile banking services will be cancelled within seven (7) days from the date of the bank's receipt of the notice of termination and you agree that the bank shall not be obliged to effect any of your instructions received on any day falling after the receipt of your notice of termination. The bank reserves the right to terminate the mobile banking services for any reasons whatsoever, provided the bank gives you fourteen (14) days prior written notice.;

9.1.3You acknowledge that termination will not affect your liability or obligations in respect of instructions processed by the bank on your behalf

10.EVIDENCE:

10.1You agree that all instructions transmitted by your mobile phone or otherwise issued by you, though in electronic form:

10.1.1 are written documents, and you agree not to dispute or challenge the validity or enforceability of any instruction on the grounds that it is not a written document and you hereby waive any such right you may have at law;

10.1.2 are original documents and you agree not to challenge the admissibility of any instruction on the grounds that it is made in electronic form; and

10.2You acknowledge and agree that the bank's records and any records of your instructions made or performed, processed or effected through the mobile banking service by you or any person purporting to be you, or any record of transactions relating to the mobile banking service and any record of any transactions maintained or by any relevant person authorized by the bank relating to or connected with the mobile banking service, whether stored in electronic or printed form, shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of the instruction and transactions and your liability to the bank. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or were produced by or are the output of a computer system, and hereby waive any of your rights (if any) to so object.

11.FORCE MAJEURE:

No party shall be liable for any failure to perform its obligations under this terms and conditions if the failure results from a force majeure event which may include but not be limited to acts of God, government, civil or military authority, civil of labour disturbances, strikes, criminal or terrorist activity, wars, fires, explosions, earthquakes, storms, floods, disease or health quarantines.

12.ASSIGNMENT & SUB-CONTRACT:

12.1These terms and conditions are personal to you, and you shall not be entitled to assign, charge or otherwise deal with them in any way.

12.2The bank may at any time delegate or sub-contract any rights or obligations under this Agreement to any third party, and appoint third party agents or sub-contractors to provide the whole or part of the mobile banking service.