CBZ BANK LIMITED (‘the Bank’)
MOBILE APPLICATION TERMS AND CONDITIONS
These terms and conditions apply between the Bank and a Client (person or entity that operates an account with the Bank) who registers to use or actually uses the Bank’s Mobile Banking Application facility, hereinafter referred to as “the facility”.
These terms and conditions also apply to any person or persons the Client appoints or authorises to use the facility on behalf of the Client, hereinafter referred to as “authorised users”.
By registering to use the facility and/or obtaining access to use the facility and/or using the facility, the Client and authorised users agree to be bound by the terms and conditions below:
1. OTHER TERMS AND CONDITIONS THAT APPLY
1.1 The Client shall remain bound by any other terms and conditions and rules of the Bank that govern the Client’s account/s held with the Bank, the Bank’s services and the bank-customer relationship between the Bank and the Client.
1.2 Other user guidelines in relation to the facility that the Bank may publish and make available from time to time shall also be binding on the Client.
1.3 Where there is conflict between the guidelines and these terms and conditions in relation to the facility, these terms and conditions shall prevail.
2. ACCESSING THE FACILITY
2.1 Client must have the necessary hardware, software and access to third party communication services (a data connection provided by an Internet Service Provider or a mobile network service provider).
2.2 Client shall be responsible for paying the cost of the third party communication services that they incur when using the service.
2.3 The Bank shall have no control over, or liability in respect of, the hardware or third party service providers.
2.4 It shall be the Client’s sole responsibility to ensure that they have the necessary antivirus or antimalware software on their device.
2.5 The Bank shall not be responsible for any error or delay that may arise and shall not be responsible for the Client’s inability to access the facility because of their equipment, software or services provided to them by third parties.
3. USE OF THE FACILITY
3.1 The Client shall ensure that they enter the correct access information or take any other steps acceptable to the Bank for the Bank to verify their identity and the electronic communications the Client send to the Bank using the facility each time they log on to the facility.
3.2 The Bank shall issue the Client with certain access information to enable the Client’s use of the facility and to verify the Client’s identity in relation to the Client’s use of the facility. Such access information shall be in the manner of, but not necessarily limited to; a user name, a PIN (personal identification number), a password or all or a combination of the aforementioned (“verification requirements”).
3.3 All electronic communications that are sent to the Bank once the Client’s verification requirements are met during access to the facility shall be treated as valid and authentic and shall otherwise have the same legal effect as written and signed paper communications transmitted by the client to the Bank. The Bank shall therefore not be liable for any errors contained in the Client’s instructions.
3.4 For the Client’s security the Bank may refuse to act on any instructions the Client sends to the Bank or can cancel the Client’s access (temporarily or permanently) if the Client’s instructions do not meet the verification requirements.
3.5 It is the Client’s sole responsibility and duty to keep such access information secret and safe, divulging it only to authorised users where this is desirable to the Client or as otherwise deemed necessary by the Client.
3.6 The Bank shall not be held liable to the Client or to any authorised person for any loss or damage occasioned by their failure to adhere to these terms and conditions and to user guidelines or any such other terms and conditions (whether express or implied) that may apply to the Client in terms of the legal relationship between the Bank and the Client.
3.7 By appointing an authorised user (either expressly or impliedly by words or conduct), and thereby through such appointment allowing the authorised user to access the facility in relation to its accounts, the Client warrants and gives such authorised user authority to act as the Client’s agent. Any acts (commissions or omissions as the case may be) thereafter of the authorised user shall be attributed to the Client by the Bank.
3.8 It shall be the sole responsibility and duty of the Client to notify the Bank immediately or as soon as reasonably possible where it suspects or has become aware that its access information has been lost or forgotten, or that it has been stolen, or that it may be otherwise used by another person or persons without the Client’s permission.
3.9 For the Client’s protection, transaction limits may apply to transactions conducted over the facility. The Client should obtain prior authorization from the Bank should it temporarily wish to exceed such limits.
3.10 Unless stated otherwise, all transactions conducted via the facility will be completed in the same amount of time that they generally take to be completed when performed in the banking hall. The Bank will, however, not be liable for any delayed or late completion of transactions that are conducted over the facility.
3.11 Whilst the Bank will endeavour to provide uninterrupted access to the facility in so far as this is reasonably possible and while notwithstanding any provision to the contrary herein, the Bank may, at is sole discretion, temporarily suspend and/or terminate the facility at any time without notice to the client.
3.12 The Bank reserves the right to change the terms and conditions embodied herein by whatever acceptable means at its disposal and may do so at its sole discretion and at any time and may notify the Client of such changes through electronic means such as links or hyperlinks contained in Short Message Service (SMS) notification to the registered mobile number or by posting such changes or links to such changes on the Bank’s website from time to time. The client warrants that it shall take note of any changes made by the Bank to these terms and conditions by duly reading the prevailing terms and conditions prior to making use of or otherwise accessing the facility.
3.13 The Bank further reserves the right to terminate the Client’s access to or use of the facility where: the Bank suspects the Client of using the facility to commit fraud; or the Client breaches these terms and conditions; or if the Client closes its bank accounts that are linked to the facility; or if the Bank is required by a court order or under any applicable law to do so.
3.14 These terms and conditions shall be governed by Zimbabwean law and the Zimbabwean courts shall have exclusive jurisdiction to determine any disputes that may arise in connection herewith.
4. TARIFFS AND FEES PAYABLE FOR USE OF THE FACILITY
4.1 The Client shall pay to the Bank such tariffs, service fees and other charges that are published by the Bank from time to time for the use of the facility in the Bank’s pricing guide, guidelines, and/or practice.
4.2 The tariffs, service fees, levies and charges so payable shall be debited from the Client’s accounts which are linked to the facility. Such debits may take place without notice having to be given to the Client by the Bank.
4.3 If the Client fails, refuses or otherwise neglects to pay the amounts constituting the mentioned tariffs, service fees, levies and other charges as they become due and payable to the Bank in the ordinary course of business, the Bank may refuse the Client access to the facility either temporarily or permanently.
5. CLIENT SUPPORT
5.1 The Bank may, if the Client so requests, provide the Client and its authorized users with the necessary training in the operation and use of the facility, free of charge. However, the Bank shall not be liable for any mistakes or errors made by the Client or authorised users as a result of failure to request training or failure to follow the correct operational methods as trained by the Bank.
5.2 The Client shall, at all times, follow the security procedures recommended by the Bank from time to time failing which, the Bank shall not be liable for any unauthorized online access to the Client’s bank account and any unauthorized transactions resulting from such unauthorised access.
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