TERMS AND CONDITIONS FOR THE USE OF THE ONLINE BANKING SYSTEM
The below terms, conditions and their amendments from time to time shall apply for any usage of the Online Banking system from the customer of Al Ahli Bank of Kuwait - Egypt and constitute the whole agreement between the customer and Al Ahli Bank of Kuwait - Egypt
The customer must read carefully, absolutely understand, accept and comply with the below terms and conditions, whereas by customers' signature on the application form, this agreement and complete registration processes, all the transactions and/or instructions that issued through using these services are considered to be irrevocable direct instructions issued to Al Ahli Bank of Kuwait - Egypt from the customer who is directly managing the accounts kept with Al Ahli Bank of Kuwait - Egypt.
By customer's signature on the attached application form and this agreement, the customer undertakes and acknowledges the following:
- The entire customer's data mentioned on the application form are up-to date valid, correct and he authorizes its usage through the Online Banking system.
- Acceptance of the terms, conditions, set in the agreement, liability and responsibility of its updates.
- Sole liability, responsibility for the Online Banking system User ID and password.
- Sole liability and responsibility of all transactions and instructions issued to ABK through the Online Banking system, since the customer is the sole user.
Article Two/ DEFINITIONS:
The following definitions shall apply in this agreement and any amendment/s that may be applied upon this agreement from time to time, which literally define terminologies' meanings used under this agreement, and cannot be interpreted or construed in any other way, unless otherwise oppositely determined:
"ABK" Means Al Ahli Bank of Kuwait - Egypt, successors and assignees.
"Customer" Means the Individual/Company who holds account(s) with ABK or will initiate with opening an account with the bank and signs the account opening form and/or the application form and agreement for accessing and using the Online Banking system.
"Party" Means any of ABK and/or the customer separately.
"Parties" Means ABK and customer jointly.
"User" Means the Customer and/or the Authorised User.
"Authorised User" Means the authorised person/s by the Customer to use any of the services offered by the Online Banking system.
"User ID" Means the identification number which ABK issues to the User, to be used by the User together with the PIN in order to gain access to the Online Banking system and/or together with the extraPIN to perform various types of additional Transactions or services through the Online Banking system. It is clarified that the same User ID may, if ABK so determines, be used by the User for gaining access and/or enabling the customer to perform Transactions for any other services offered or to be offered in the future by ABK through any other electronic and/or telephone and/or devices. It is further clarified that in the event that the Authorised User is / may also become a customer of ABK and the user has applied / will apply and has been / will be granted access to the accounts via the Al Ahli Bank of Kuwait - Egypt Online Banking system, the User ID that will be issued by ABK to the Authorised User for gaining access to the Customer's account will not be the same as the one issued / which shall be issued to the Authorised User for gaining access to own account.
"The Agreement" Means the terms, conditions mentioned in this agreement and its amendments from time to time and/or any instructions, updates of instructions, terms of usage kept in the Online Banking system and/or ABK's website.
"Accounts" Means the accounts held with ABK and/or to be held with ABK in the name of the Customer which pursuant to an application and/or to a notification by the Customer to ABK made from time to time, shall be connected through the international network known as "Internet" and/or ATMs and/or telephone lines and/or radio signals and/or television signals and/or through other electronic and/or other connections as shall be determined or made available to its customers by the Bank from time to time through the Online Banking system, for any account on which the Online Banking system is available.
"Internet" Means the International Information Network.
"Computer" Means the computer of the User which the user uses to gain access to the Online Banking system through the Internet, or through any other means of electronic connectivity, as shall be determined by ABK from time to time.
"Online Banking system" Means the services provided or which may be provided, from time to time, by ABK to the User for the execution of financial and/or banking and other Transactions and/or orders and/or instructions, through ATMs and/or computer and/or telephone and/or any other equipment required through the Internet and/or mobile telephone or through such other electronic connections, and/or telephone through which access is or may be given to the services, as shall be determined by the Bank from time to time, which may include inter-alia and without prejudice to the generality of the above transfer of funds to and from an own/third party account within ABK, transfer of funds to and from an account locally and/or internationally and/or electronic transfer of records/files and/or payments of bills and/or orders for cheque books and/or deposit slips and statements of account and/or providing information for exchange rates and/or opening of Standing Orders and/or card inquiries and/or stop payment of cheques and/or inquiries regarding hire purchase contracts and/or information relating to services and/or facilities provided by the Bank and/or applications for opening accounts with/without limit and/or loans and/or issue of prepaid cards (non-plastic cards) and applications for obtaining facilities from ABK.
"Password" Means Personal Identification Number that will be used by the User to gain access to the Online Banking system.
"extraPIN" Means the optional one-time security password which the Bank issues to the User upon his/her request to be used along with the User ID and password, in order to gain access to the Online Banking system (if so requested by the customer) and/or enable the customer to use all advanced features requiring additional security. This one-time password may be generated either through the extraPIN Generator or sent as an SMS message to a designated Mobile Phone Number at the request of the User.
"extraPIN Generator" Means the device given to the User at his request and subject to remuneration, as determined from time to time, through which the User may obtain an extraPIN in order to gain access to the Online Banking system and/or to use all advanced features requiring additional security
"Designated Mobile Phone Number" Means the number of the mobile phone designated by the User and notified to ABK and set as the receiver for an SMS message for receiving the "extraPIN".
"SMS" Means short message service.
"Instruction" Means any request and/or order to ABK from the customer managed though usage of the Online Banking system.
"Transactions" Means any financial and/or banking and/or other transactions whether Online and/or Offline which the customer may carry out through the Online Banking system.
"Funds Transfer through file" Means funds transfer through an electronic file of predetermined format containing multiple instructions for funds transfer that the Authorized User who has so been authorized may send to ABK via the Online Banking system.
"Working Day" Means official working days that banks operate in Egypt, which begins from Sunday till Thursday of every week except official vacation(s).
Article Three/ ACCESS TO THE ONLINE BANKING SYSTEM:
3/1 ABK offers to the Customer the right of use of the Online Banking system to carry out banking Transactions and for any other lawful use the bank permits. The right of use of the Online Banking system is subject to the terms and conditions set herein and the agreement contained and to such other terms and conditions that ABK shall from time to time adopt.
3/2 The Online Banking system consists of an interactive system that allows the User to receive information, to transmit orders and applications and to carry out banking Transactions from a distance 24-hours a day, by the use of a variety of technological methods and infrastructures, indicatively such as the Internet, the fixed-line telephone communications network, the networks of the mobile telephones. The Customer understands and recognizes that the Online Banking system is a constantly developing system, subject to alterations and supplements, without depending exclusively on any technology existing today and that, to that extent, ABK has the right to alter periodically the data and the parameters of the Online Banking system. For example, ABK has the right to alter the number and the kind of the executed Transactions, the requirements of the user's equipment, the methods and systems of recognition or verification of the user's identity, etc.
3/3 It is agreed that in the event that the Customer is a company or other corporate entity, each form or notice completed or given on its behalf (including the application for access to the Online Banking system) shall be signed by the individual or individuals specified in the relevant delegation of the company or corporate body and a copy of the said delegation shall be delivered to ABK upon signing the application for access to the Online Banking system. The said individual or individuals shall be entitled to receive the User ID and the password from ABK and to use them in order to gain access to the Online Banking system on behalf of the Customer.
3/4 The Customer must ensure that the User accepts and always fully complies with the aforementioned terms and conditions. In addition, subject to and in accordance with the law, the User shall comply with all the mandates and/or instructions and/or directives issued by ABK from time to time for the operation of the Online Banking system.
3/5 Following the Customer's registration to the Online Banking system and after ABK activates his access to the system, the Users shall receive from ABK the User ID and the password of the Online Banking system by personally visiting ABK or in case where the User's address is outside Egypt by courier. The password may consist of one or more alphanumeric or digital identification elements, depending on the method and access technology system applied by ABK each time. Every time the User uses the Online Banking system and wishes to have access to confidential information regarding the Customer's accounts or to carry out a Transaction by using the Online Banking system, the User, during connection with the Online Banking system, must confirm identity by using the password or through any other way required by the system. The User recognizes that the transmission of password to the Al Ahli Bank of Kuwait - Egypt Online system is for the verification of his identity to ABK and constitutes evidence that the User solely has made use of the service and that the electronic order has been sent by the User solely and that the sender of the information is the User. The receipt of the electronic order and its recording by computer system of ABK constitutes full evidence that the Order has been made.
3/6 ABK has absolutely no access to the User's password other than in a strictly encrypted form and shall not reveal it to anyone else but the User and the User has the ability to change the password (from the moment ABK furnishes them with the initial password), with another password of customer's choice, through the special facility of changing password provided by the Online Banking system. The frequent change of the password is an important and necessary security measure, the application of which must regularly and promptly be observed by the User. ABK shall have the right to cancel at any time the existing passwords given and introduce and/or adopt, from time to time, any additional passwords and/or other security measures or procedures and it shall inform the Customer of that in any mean the bank deems appropriate.
3/7 The Customer irrevocably authorises ABK to accept any Instructions given by the User, through usage of the Online Banking system with the password or with the use of any other security procedures that ABK may from time to time set in place and of which it shall inform the Customer and such instructions apply only for Transactions through the Online Banking system. The Customer declares accepts and warrants that he bears full responsibility to ensure the full and strict compliance by any Authorised User with these Terms and Conditions.
3/8 ABK shall have the absolute right to approve or reject the present application for subscribing to the Online Banking system.
Article Four/ LIABILITY & OBLIGATIONS OF THE CUSTOMER & ABK:
4/1 The User hereby declares that all information given to ABK, including but not limited to personal data is accurate and true and cannot cancel or change Instructions given if in giving such Instructions the customer has specified the amount which the instructions concern. ABK shall exert all reasonable efforts to ensure the correctness of any information received by the User through the Online Banking system but, except as provided by Law, ABK shall not be responsible for the correctness of such information or for any loss, whether direct or indirect, suffered by the User or any third person in case such information is inaccurate.
4/2 ABK may at any point of time, without the need to clarify the reasons standing behind such decision, stop (partially or entirely) offering the service Online Banking system to the client, whether on a temporary basis or permanently. That to come along with the client's ability to stop using the service Online Banking system offered by ABK, provided that the client will notify the bank with such decision in order for the bank to cancel his access to the service and to stop deducting the service's calculated fees from the client's account held with ABK.
4/3 The bank preserves it's right to effect any required amendments/changes upon the service (ABK Online banking) features offered to the clients, without the need to prior notify the client with such amendments/changes. The client's liability/responsibility is limited/linked to the available service features, which will be announced through the bank's website.
4/4 ABK shall have the right at any time, and according to its own discretion without the need to prior notify the client with that, to withdraw, restrict or vary the abilities of the Customer/User and/or the Authorised User to use the Online Banking system or any part thereof. The services offered by the Online Banking system may be restricted by the Customer in respect of any Authorised User, by giving written instructions to ABK provided that the receipt of such instructions is confirmed by ABK.
4/5 The Customer/User authorizes ABK to proceed to the execution of the Orders transmitted within the framework of the agreement provided that the transmission of such orders has been verified by the usage of the User's password without taking further steps to ensure that the orders or requests are genuine. The Customer/User agrees that the use of the User's password will have the same effect as his signature. Save as provided by Law, ABK at any time and at its absolute discretion, may refuse to receive and execute any Instructions and/or provide any information and/or provide any service to the User provided that such right shall not be unreasonably exercised.
4/6 ABK reserves the right to request at any time from the Customer/User written confirmation of the Orders transmitted and such confirmation shall bear the Customer's/User's signature.
4/7 The Customer/User must and has a duty to inform ABK at once, in writing, of any change in and/or the Authorised User's name, address, telephone number and e-mail address.
4/8 The Customer/User must at his own expense, acquire and operate computer and/or telephone and/or mobile phone and /or any other equipment which is necessary for access to the Online Banking system, pay any subscription for connection with the Internet and/or other means of electronic connection and shall be responsible for the maintenance of the aforesaid and/or other similar equipment in operational manner, based on any requirements imposed by ABK from time to time and notified to the Customer/User in any way ABK deems appropriate. The Customer/User undertakes that both he and the Authorised User shall use at all times the specified browsers for gaining access through the Internet to the Online Banking system as may be prescribed by ABK from time to time and notified to the Customer in any way ABK deems appropriate. The Customer/User understands that if he or the Authorised User uses a different browser to that or one of those specified from time to time by ABK, the security of user Transactions and customer's accounts may be compromised and unauthorised persons may gain access to this accounts.
4/9 The Customer's/User's ability to have access to the Online Banking system neither creates nor proves any right of the Customer/User related to the software or on the intellectual or industrial rights of ABK. The Customer/User or other persons under its mandate undertake to refrain from copying; counterfeiting or making in any other way unauthorized use of the software of ABK, as well as to make use of the Online Banking system for any illegitimate act. The Customer/User is obliged to refrain from any interference or attempt to interfere through the Online Banking system and the website of ABK to any PINs or data belonging to ABK or to other customers of ABK or to third parties.
4/10 The User undertakes to exercise utmost diligence and care in taking all necessary security measures in order to avoid access by unauthorized persons to the Customer's account and more specifically the Customer/User recognises and agrees that he shall be fully liable for any loss caused either to himself, ABK or any other person as a result of the User's failure to adhere to the safety procedures:
- The User must take all necessary precautions to prevent fraudulent use of the User ID, password, extraPIN an, and extraPIN Generator and must never disclose the User ID, password and/or extraPIN. The User must at all times be aware that under no circumstances whatsoever will an employee of ABK require him to disclose to him or anyone else his password and extraPIN. The User must at all times take all necessary measures to protect and keep secret his means of access to the Online Banking system as well as his User ID, password and/or extraPIN and must never write down the User ID, password and extraPIN in a way which could be revealed to anyone. The User must keep the extraPIN Generator under his control at all times and not allow use of it by anyone else. The User is also responsible not to disclose his extraPIN received as an SMS message to anyone by protecting access to his mobile phone.
- The User must be aware of his surroundings when accessing the Online Banking system and must ensure that he is not being watched by someone or filmed on close circuit television.
- The User must never leave the computer unattended while logged in or attempting to log in the Online Banking system.
- The User must ensure that he is accessing the Online Banking system by checking its Secure Socket Layer (SSL) certificate issued by a reputable company.
- The User must ensure that no monitoring programs run on customers' computer since in such case his User ID, password and/or extraPIN may be seen or recorded.
- The User must install an up-to-date antivirus system and check his computer for viruses on a regular basis. The User must not open e-mails from unknown senders and must delete them without reading their contents in order to avoid the risk of receiving a virus.
- The internet site address for the Online Banking system is www.eahli.com .The User must never act on the basis of any e-mail, letter or other communication allegedly sent or expressed by ABK which instructs or encourages him to visit any other site representing that it is another or the new site of the Online Banking system.
4/11 The User must immediately inform ABK as provided below in the event that he detects or realises:
- The loss or theft of User ID, password and/or extraPIN or the fact that the access or means of access to the Online Banking system or User ID, password and/or extraPIN or designated Mobile Phone may be subject to or exposed to abuse or misuse.
- The debiting of any of customer's accounts with the amount of any Transaction effected outside of customers' will.
- Any error or malfunction in the keeping of any of his accounts by ABK.
4/12 Subject to the above-mentioned Article determining the event of theft or loss of the User ID, password and/or extraPIN and/or of the extraPIN Generator or where access to the Online Banking system or the User ID, password and/or extraPIN and/or extraPIN Generator are subject to or are exposed to abuse, the Customer/User shall be liable to indemnify ABK for the total loss which may be caused by the unauthorised access to the Online Banking system or the unauthorised use of the User ID, password and/or extraPIN and/or extraPIN Generator provided that the User has not notified ABK of such theft or loss of the User ID, password and/or extraPIN and/or extraPIN Generator or of the fact that the User ID, password and/or extraPIN and/or extraPIN Generator or access to the Online Banking system are subject to or exposed to abuse, before the loss of funds took place. Notice may be given in the mode provided in hereunder.
4/13 It is understood that in the similar case of Customer's gross negligence, where he has not adhered to any one of the terms and conditions contained herein or he has acted in a fraudulent manner, ABK shall bear no responsibility or liability for losses incurred by the Customer/User and the Customer/User shall be liable for all and each and every one of the Transactions carried out in any of his accounts.
4/14 The Customer is fully responsible for any Transactions made through the Online Banking system (as well as for any Instructions given through the Online Banking system) by the User or any other person authorised by the Customer. If for any reason whatsoever it appears to ABK that any unauthorised person has used or attempted to use the Online Banking system, in order to interfere or attempt to interfere in any way with the account(s) of any Customer or to give any type of Instructions to ABK, ABK may disclose any relevant information - according to an order to be issued to the bank from the competent authority in this regard (Cairo Appeal Court) - to the police or such governmental or other authorities as it considers appropriate without first notifying the Customer.
. Notwithstanding the above mentioned, if a User knows or suspects that any third person knows or may know the User ID, password and/or generate the extraPIN or that any unauthorised Transactions have been carried out in connection with the Customer's account(s), the User must immediately cancel his User ID and password by requesting a new password and by requesting a new extraPIN Generator and/or designating a new Mobile Phone number to generate the extraPIN and by promptly informing ABK on telephone number 19322 or if calling from outside Egypt on telephone number (+202) 3535 2790/91 or by appearing in person at Smart Village, 28 km, Cairo Alexandria Desert Road, Building B227 – B228, 6th of October, Egypt or such other address as may be notified to the Customer and/or the Authorised User by ABK from time to time in any manner ABK shall deem proper). Telephone conversations may be recorded and be kept for any length of time as ABK may decide from time to time. If the User notifies ABK as above then his User ID, password and extraPIN Generator will no longer grant access to the Customer's account(s) via the Online Banking system and such notice will be effective from the moment it is received by ABK and if given orally it must be confirmed to ABK in writing within 7 days from the date of the oral notification.The evidence contained in such recordings and any transcripts of information on such recordings shall constitute conclusive evidence in any dispute.
4/15 If the Customer/User wishes to continue to have access and to use the Online Banking system he must request from ABK, within 15 days from the day he delivers the notice pursuant to this clause, a new User ID and password. In case the User does not apply to ABK for a new User ID and password within the said 15 days, the agreement for subscription to the Online Banking system shall be terminated automatically, without any notice to the User. In case the User applies to ABK for a new User Code and password, ABK shall have the right, upon its absolute discretion to decline or provide the User with a new User ID and password and to give notice to the User for the termination of the agreement for subscription to the Online Banking system immediately.
4/16 ABK shall use all reasonable efforts to execute the orders received from the User within the following time frame:
- Orders received on any working day shall be processed on the same day or on the following working day the latest depending on the time the relative orders were given to ABK and on the nature of the orders. The date on which the orders are processed shall be referred to as "the execution date".
- In case the execution date is a Bank holiday or ABK is closed on that day, the transaction will be executed on the following working day.
- All transfers in foreign currency are subject to the exchange control regulations of the Central Bank of Egypt and any other applicable law.
- ABK reserves the right to delay the execution of / not to execute any orders for transfers of funds if such orders exceed the internal security limits set by ABK, which are designed to protect the security interests of the User and ABK and in such event the User shall be notified through the Online Banking system of the fact that his orders haven't been executed.
All debits which will have to be effected to any account of the Customer/User shall be effected on the date on which the instructions of the User shall be executed.
4/17 In case of orders for fund transfers in foreign currency, the exchange rate that will be used for the transaction will be the prevailing exchange rate on the execution date, as made available by ABK via the Online Banking system.
4/18 ABK is not obliged to notify the Customer or the User for the non-payment of any obligations for payment of the Customer or for a future payment due to lack of funds in the Customer's account or for any other reason except as provided by Law or the present terms and conditions.
4/19 ABK does not undertake to effect after the due date any payment which has not been effected on the due date, owing to lack of funds in the Customer's account, or for any other reason except as provided by Law or the present terms and conditions.
4/20 ABK is entitled to cancel a standing order with or without notice if on three successive cases it cannot effect payment due to lack of funds in the Customer's account.
4/21 Except as provided by Law, ABK shall not under any circumstances bear any liability for any delay for whatever reason in the processing or execution of any order given by the User as above or otherwise.
4/22 The below-mentioned terms and conditions govern all interactions of the customer/user with the Bank's Call Center regarding his/her requests, inquiries, instructions or transactions requested for Online Banking system:
- The customer permits /allows the Bank to record all his/her phone calls with the Call Center.
- The customer/user declares the Bank's right to proceed with any verification necessary to identify him/her in its systems and verify his/her identity before executing any service requested through the Bank's Call Center. In case any doubts or uncertainty arise during the customer identity verification, the Bank has the full right to not proceed serving the caller and to not accept any instructions from him/her.
- The customer permits /allows the Bank to use the recorded phone calls with the Call Center as reference if necessary.
- The costumer/user hereby irrevocably undertakes to bear all consequences whatsoever which may result directly or indirectly on him/her that could occur due to using the recorded call feature in regard to the services related to Online Banking system provided by the Bank's Call Center at present or in the future without any responsibility on the Bank.
Article Five/ TERMS OF TRANSACTIONS:
Before the User forwards to ABK any Order and/or Instructions for the execution of a Transaction it shall be confirmed that such Mandate and/or request is correct, accurate and completed.
The customer undertakes and assumes the full responsibility that all the instructions and/or information and/or transactions entered by the customer and/or customer's authorized user(s) via the Online Banking system are correct and are implemented on the customer's accounts as a result of utilizing the service. The customer may not claim that those instructions, information, or transactions were not executed by him personally..
The Bank is entitled to not implement the instructions or orders that are issued by the customer via this service if such instructions or orders contradict the banking rules or for any other reason preventing the implementation, with no right for the customer to object.
(A) Orders and/or Transactions Online and Offline
1. Orders/Instructions forwarded through the Online Banking system and Transactions carried out through the Piraeus Online Banking system are divided into Online and Offline. Orders/Instructions and Transactions Online are executed as soon as they are received by ABK, they are binding to the User and they cannot in any case be revoked and/or cancelled by the User. Orders/Instructions and Transactions Offline are carried out in accordance to the provisions of term (B) mentioned below and in any case within 2 working days, from the time they were received by ABK if these are immediately applicable, or until the next working day from the day of the desirable execution if these have been requested with a future date for execution exceeding two working days and they may be modified and/or cancelled and/or revoked by the User with a written notice to ABK at any time provided that they have not been executed by ABK.
2. The User may be informed about which Orders/Instructions and Transactions are considered Online and which Offline by studying the operation instructions of the Online Banking system. If in doubt the User is advised to ask for clarifications from ABK before he proceeds to forwarding Orders/Instructions or executing the Transaction through the Online Banking system.
3. The User may, through the Online Banking system, establish whether, or confirm that, an Order/Instruction or Transaction has been executed through the Online Banking system, by having access to the electronic record for entering transactions.
4. The User is obliged, within 2 days from the day an Order and/or Instruction for the execution of a Transaction has been forwarded or until the next working day from the day of the desirable execution if these have been requested with a future date for execution exceeding two working days, to check, through the Online Banking system, that the Orders/Instructions and/or Transaction have been correctly executed and/or entered, and in case of an error or discrepancy to give to ABK a notice immediately specifying the reasons for which in his opinion it has not been executed correctly.
(B) Period for the execution of Orders/Instructions and/or Offline Transaction
1. It is the liability of ABK to take reasonable measures for the execution of Orders/Instructions and/or Transactions as soon as possible and in any case within two working days from their receipt.
2. With regard to Orders/Instructions relating to foreign exchange, the policy of ABK shall be to execute thereof as follows:
(a) Orders received before 14:00 in any working day shall be executed within the same day.
(b) Orders received after 14:00 in any working day shall be executed within the next working day.
(c) Orders received in any non-working day shall be executed the following working day.
(C) Maximum Amounts
The User may carry out Transactions or forward Orders/Instructions through the Online Banking system according to the maximum amounts specified from time to time by ABK.
Article Six/ JOINT ACCOUNTS:
6/1 In case two or more persons maintain a joint account with ABK, irrespective of that ABK is entitled to receive orders from any one of the these persons, in accordance with the mandate opening/operating the joint account, such account may be linked to the Online Banking system by written application by all these persons, stating the Users.
6/2 Any of the holders of the Joint Account will be entitled to revoke their consent for the linking of the Joint Account with the Online Banking system with a written notice to ABK. In the case of receiving such a notice ABK shall terminate the link of the Joint Account with the Online Banking system and shall prohibit access of the User to the Joint Account through the Online Banking system.
6/3 In case ABK has gained information that some dispute has arisen between the holders of the Joint Account, ABK may, at its discretion, cancel and/or terminate the link of the Joint Account with the Online Banking system, to prohibit access of the User to the Joint Account through the Online Banking system and to decline to execute any Transaction and/or Order/Instruction in relation to the Joint Account, without notice to the User. ABK shall not be liable towards any of the holders of the Joint Account if it continues to permit the execution and/or to execute Transactions and/or Orders of the User until receiving a notice in writing from any of the holders of the Joint Account informing ABK of the dispute which has arisen and revoking the consent given for the connection of the Joint Account with the Online Banking system.
6/4 In case one of the Joint account owners dies, or loses his legal capacity, the rest of its owners shall notify the bank thereof and of their wish to continue the account, within period not exceeding ten days from the date of the decease or loss of the legal capacity. The bank shall suspend withdrawing from the joint account pending determination of the successors or appointment of the guardian on the person who lost his legal capacity.
Article Seven/ CHARGES:
7/1 The Customer shall pay any charges and/or fees imposed by ABK for the services provided through the Online Banking system. The Customer/User hereby authorises ABK to debit with such charges from any account in the name of the Customer maintained with ABK.
7/2 ABK may, from time to time, charge fees, charges, commissions and administration or other expenses related to any of the accounts maintained by the Customer with ABK or to the execution of any instructions received from the User by ABK. A table marked "Online Banking Fees & Charges", which is available on the Online Banking system's internet log-in page through ABK's website www.eahli.com ,contains information relating to such fees, charges, commissions and administration or other expenses as they presently stand.
7/3 ABK may also modify from time to time the "Online Banking Fees & Charges" table. Notice of such modification shall be given/made available via the above stated site.
Article Eight/ STATEMENTS/ACCOUNT BALANCES:
8/1 Access to the Online Banking system permits the Customer/User to receive information in relation to statements and/or balance of an Account at any time. The Customer/User recognizes that the statement and/or the balance of the Account as presented by the Online Banking system at any time may not be up to date because of the existence of Transactions and/or Orders/instructions which until that given time have not been executed and/or have not been entered in the Account and thus ABK is not bound in any way with such statement and/or balance.
8/2 Furthermore and without prejudice as to the generality of Article 8/1 any balance in a Loan Account and/or Credit Card presented by the Online Banking system may not be the accurate or total amount actually owed by the User/Customer to ABK in accordance to the said loan and/or credit card.
8/3 Without prejudice as to the above, ABK pursues the entry of executed Transactions and Orders/Instructions (debit or credit) in the Account at the date by which such Transactions and Orders/Instructions are actually executed by ABK, in other words upon receiving the relevant Order/Instruction or Transaction if this is Online or within 2 working days from receiving the relevant Order or Transaction if this is Offline.
8/4 The User has the right within 10 days from the entry of any Transaction in his account to contest it, submitting for this reason a written notice to ABK. ABK will give a written reply to the User as to whether it accepts the contestation or not.
8/5 ABK shall not be liable for any damage and/or loss which may be incurred by the User in case any balance or entering in the Account is not absolutely accurate or completely up to date and the User or any person is based on that despite a warning from ABK for a possible inaccuracy.
6/8 The Bank's registers are considered to be legal concrete evidence testifying that the transactions and instructions are correct.
Article Nine/ DEATH OR INABILITY OF THE USER:
In case of death or inability of the User which has not been notified to ABK, ABK shall continue to provide access to the Online Banking system, to permit the execution of Transactions and to execute Orders/Instructions while the User's User ID and the password is being used, and shall not be liable for any possible damage sustained by the User and/or his interests and/or his successors and/or heirs, from Orders/Instructions and/or Transactions which shall be executed before ABK is informed of such death or inability of the User.
Article Ten/ INDEMNITY:
10/1 The User undertakes to apply and comply with these terms and he shall be liable to indemnify ABK in case the latter sustains any loss and/or damage and/or costs due to any act or omission of the User and/or Customer and/or Authorized User and/or in case of any breach of and/or non compliance with these Terms and/or due to any negligence or fraud on behalf of the User and/or the Customer and/or Authorized User.
10/2 If the original advices are lost or mutilated and duplicate originals are printed by the Customer for the purpose of presenting them to the authorities, the Customer undertakes to return to ABK the originals if subsequently found and in case of any dispute, i.e., legal or other, it is a matter to be handled at the Customer's own risk and liability and without any engagement or responsibility on ABK's part.
Article Eleven/ DISCLAIMER:
11/1 ABK shall not be liable for loss or damage which may be possibly sustained by the User due to non-execution or wrong execution or delayed execution of a Transaction or Order/Instruction because of electronic, mechanical, communicational damage or similar damage, insufficient or wrong information, misinformation, strikes, wars or any other causes beyond the control of ABK. Such non-execution or wrong execution or delay does not constitute breach of these Terms by ABK.
11/2 ABK does not guarantee the accuracy or correctness of the information secured through the Online Banking system (including without prejudice as to the generality of the aforementioned, information regarding the balance or statements of Accounts) and shall not be liable whatsoever in case this information is for any reason inaccurate and/or insufficient and the Customer and/or the User or any other person sustains loss and/or damage based on such information.
Article Twelve/ VARIOUS TERMS:
12/1 Failure or delay of ABK in exercising its legal or contractual rights may never be interpreted as a waiver thereof.
12/2 Nullification of any of the present terms does not affect the validity of the remaining terms of the present agreement, and any annulled shall be treated as if it was not initially included in the agreement, unless the annulled term is considered exceptionally essential to the agreement to the extent that it renders the whole agreement null and void.
12/3 In these terms and conditions unless the context otherwise requires, words denoting the singular number shall include and/or be interpreted in the plural and vice versa (and references to persons include bodies incorporated or unincorporated). Also the masculine gender includes the feminine the neutral and vice versa.
12/4 The terms and conditions of the present agreement regulate and/or determine the corresponding responsibilities and obligations of ABK and the Customer in relation to the latter's Transactions with ABK through the Online Banking system and are additional to the existing terms and conditions regarding the operation of any account maintained by the Customer.
5/12In case of discrepancy, the terms and conditions of this agreement shall prevail in connection with the Transactions of the Online Banking system. Save to the extent that the existing terms and conditions, regarding the operation of any account maintained by the Customer, provide otherwise, all the existing terms & conditions regarding the operation of any account shall remain in full force & effect. Specifically, without prejudice to the generality of the aforementioned:
- The Customer and/or the User shall be bound to maintain the account within the limits of any credit facility that may have been granted to the Customer by ABK. ABK shall have the absolute right to refuse to perform any transaction the result of which would be that the account would exceed the limits of any credit facility granted to the Customer by ABK. In case, for any reason, the account should exhibit a balance beyond the approved limit that may have been granted to the Customer, the Customer shall bear responsibility to restore the balance to its limits immediately, whether ABK requests so or not.
- It is a condition for the use of the Online Banking system that sufficient available funds exist in customers' account.
- The User may not use the Online Banking system to withdraw money from any account requiring notification period of more than one month. Any order involving withdrawal from a notice account having a notification period of one month or less, will result in the immediate transfer of funds and deduction of the interest earned during the period of the notice of the funds to be transferred.
12/6 The customer acknowledges the Bank's right to deduct any charges, commissions, or subscription fees from customer's accounts directly and without any need for a prior notice to the customer, with no right for the customer to object so.
12/7 The Bank shall bear no responsibility for the breakdown of the service or uncontrollable problems that may occur.
12/8 The customer (corporate) hereby undertakes to provide the Bank when asked so with a valid and recent extract of the commercial register (maximum issuance date of the commercial register extract is set to three months prior to the date of its delivery to the Bank), the commercial register must stating the name of the person(s) authorized by the company to deal with banks on behalf of the company.
12/9 The Bank may at any point of time, for security reasons stop (partially or entirely) the access to Piraeus Online Banking system to the customer (Individuals/corporate) and/or to customer's authorized users, if the customer and/or customer's authorized user(s) have not accessed the service during 18 consecutive months.
Article Thirteen / NO LIABILITY:
13/1 Whatsoever the situation and in no event, ABK should not be considered responsible or accept liability or considered to be liable including but not limited for negligence of any damages or loss of any kind including without limitation, direct, indirect, incidental, special and/or consequential damages, expenses, or in connection with customer usage or inability to use the Online Banking system or in connection of any error, omission, delayed system responses interruption, defect, computer virus or system failure, even if expressly advised of the possibility of such loss or damage, arising out or of in connection with the access code or password usage or misuse.
13/2 It is well known to the customer that the customer is the sole user of the access codes and password, therefore ABK should not considered to be responsible or liable of any misuse of these access codes or password and/or any transaction, direct order issued from the customer by using the Online Banking system, only the customer who is responsible and bear the liability of any misuse.
Article Fourteen/ DATA CONFIDENTIALITY:
As result of customer usage of the Online Banking system and processing of any transaction, personal data and/or information may be obtained while the customer is accessing the services. The customer knows that ABK may use or disclose some of this information or data for proceeding with the services/ transactions or providing services to the customer and/or may disclose some of these data for the purposes of fraud prevention or audit or debt collection, or for any other reason but in a good faith; therefore the customer irrevocably agrees and authorizes ABK to disclose or reveal any of the customer data or information kept with ABK for any third party upon the sole discretion of ABK and without any liability or responsibility on ABK in this concern.
Article Fifteen/ FORCE MAJEURE:
15/1 If ABK, partially or totally fails to perform or execute any obligation(s) set in the agreement as a result of Force Majeure occurrence, the customer agrees that any transaction(s) and/or issued instruction(s) to ABK through the Online Banking system will be pending till the Force Majeure finish and the customer is solely liable to check its performance and execution in the next business day in ABK branches or through the Online Banking system if the service is available, otherwise ABK shall not considered to be liable or obliged to execute or perform customer's pending transactions or instruction(s). ABK undertakes to do its best reasonable efforts to remove or avoid any force Majeure with all the possible methods.
15/2 Force Majeure is defined in the agreement for example and not limited as General Assault, Wars, Siege, Armed Bouleversement, Disorder, Epidemic, Earthquakes, Earth Collapse, Fire, Floods, Storms, Civil Ructions, Terrorism Incidents, Rules or Governmental Orders, computer system failure or site failure or any other reason out of control by ABK that may prevent, suspend the performance of customer transactions and/or instructions.
Article Sixteen/ MAILING, e-MAILING:
16/1 The customer confirms that the data mentioned in the application form and/or account concerning the e-mail address and mobile number are correct, valid and undertakes by the following:
- The customer and /or the user is the sole user.
- To update this data in case of any change.
- The customer is liable and responsible for any transaction or misuse till the effective date of data change.
16/2 All Notifications, correspondences, mails and claims to be sent between parties of this agreement must be in writing and delivered by hand or via registered mail confirmed with delivery acknowledgment receipt, and in all scenarios considered to be correct and legally binding between parties when sent to the addresses mentioned in details at the forefront of this agreement and/or to the following addresses: Al Ahli Bank of Kuwait Egypt, P.O.Box 12577, Cairo, Egypt
16/3 Parties irrevocably undertake and declare that they are and will stay at their addresses mentioned in details at the forefront of this agreement during the term of this agreement and/or its renewal/s, also each party undertakes to announce the other party in writing in case of changing addresses, announcement should be as per mentioned by article 16/1 of this agreement.
Article Seventeen/ AGREEMENT AMENDMENTS & ASSIGNMENTS:
17/1 This agreement and its amendments from time to time are legally binding among the parties, successors and assignees.
17/2 It is not permitted for the customer to request changes and/or amends any of the agreement terms, conditions and/or its amendments.
17/3 ABK has the sole right to amend these agreement terms, conditions and/or add new articles for any purpose from time to time and should announce them at ABK's website www.eahli.com., they will apply from the date of their announcement and are considered to be legally binding between the parties as long as the customer doesn't send a formal written request - signed from the authorized person - for ABK to stop/cancel customer's access to the Online Banking system.
17/4 The terms and conditions of usage that are announced at ABK's website www.eahli.com are considered to be the recent terms, conditions of service usage and are considered to be an integral part of this agreement, completing its terms and conditions.
17/5 ABK has the sole right and according to its sole discretion to assign for any third party, a part or all of its rights and/or obligations mentioned herein this agreement to execute and perform whether the terms and conditions of this agreement and/or providing the services to the customer without need to obtain any prior approval(s) from, or announcing the customer in this concern, customer's signature on this agreement is considered to be a final prior approval for this condition.
17/6 It is not permitted for the customer to assign any right(s) and/or obligation(s) stated by virtue of this agreement to any third party unless with a prior written approval from ABK. As an exception from that, ABK has the right to refuse without mentioning any reason and without any objection from the customer in this concern.
Article Eighteen/ TERMINATION:
18/1 ABK shall be entitled to terminate the agreement for subscription to the Online Banking system and to prohibit access to the Online Banking system, without the need to prior notify the client with that.
18/2 Without prejudice as to the above, ABK has the right upon its absolute discretion to terminate the agreement for subscription to the Online Banking system and permission of access to the Online Banking system without prior notice, in case the User or Authorized User has violated any of these terms or in case ABK has reasonable grounds to believe that the User and/or Authorized User has committed deceit or has acted with fraud or that the PIN has been stolen or has become known to a third person or any other reason it is expedient to terminate immediately the agreement for subscription to the Online Banking system.
18/3 The User may terminate the agreement for subscription to the Online Banking system by sending to ABK a 15 day prior notice in writing by regular post at the address Al Ahli Bank of Kuwait Egypt P.O.Box 12577, Cairo, Egypt.
18/4 It is understood that a possible termination of the Account and/or any credit facilities or loans granted to the User shall entail the automatic termination of the subscription to the Online Banking system without a prior notice to the User.
Article Nineteen/ SETTLEMENT OF COMPLAINTS:
19/1 In case the User has any complaint or problem in relation to the use of the Online Banking system and execution of the Transactions and/or Orders/Instructions through the Online Banking system, the customer may contact ABK either by phone or post, or e-mail at the telephone numbers, or postal or e-mail address shown below:-
Al Ahli Bank of Kuwait Egypt,
P.O.Box 12577, Cairo, Egypt
Tel: 19322, (+202) 3535 2790/91
19/2 ABK shall investigate the User's complaint or problem and shall notify the User on its position and/or conclusions and/or recommendations for regulating the complaint and problem settling or dispute between ABK & the User as soon as possible.
19/3 In case the User is not satisfied with the position and/or conclusions and/or recommendations of ABK for resolving the complaint or settling the problem or dispute between ABK and the User, the User has the right to apply to the Central Bank of Egypt in writing stating all data and details in relation to the complaint and/or problem and/or dispute with ABK.
19/4 In case the User is not satisfied with the findings and/or decision of the Central Bank of Egypt, the User has the right to appeal to court or take any other legal actions for settlement or regulation of the complaint or dispute with ABK.
Article Twenty/ GOVERNING LAWS & COMPETENT JURISDICTION:
This application form and agreement, its amendments are governed by the laws of Egypt and the parties agree that if any disputes and/or claims may arise between them in connection of explanation, exegesis and/or performance of any of it's articles, the jurisdiction should be referred to the courts of Egypt according to the rules of jurisdiction competence with all the juridical degrees.
Article Twenty One/ AGREEMENT COUNTERPARTS & LANGUAGE:
This application form and agreement is written of one original copy in Arabic and English languages, parties agree that the Arabic text shall prevail if there is any difference(s) in reference(s) and/or explanation(s), ABKkeeps the original copy of the agreement after customer signature to act accordingly.
Ref. No.( 121221/30.1.2013) EN