E-BANKING (MOBILE, INTERNET, SMS BANKING AND E-STATEMENTS) TERMS AND CONDITIONS

Agreement and Acceptance

The Terms and conditions stated herein constitute an agreement for the services contemplated herein and become effective between you and Tropical Bank Ltd (“the Bank’, ‘we” or “us”) at the time of registering for e-Banking services.

Definitions:

1. ”Alerts” mean the customized messages to the Customer over mobile phones and email.
2. “Account” shall mean an account opened for a customer in the Core Banking System in Tropical Bank,
3. “Customer” means a person who is registered to use the Mobile, internet and SMS Banking platform and has accepted these Terms & Conditions.
4. “e-Banking services or platforms” shall mean all services accessible by the customer by use of the mobile devices which include mobile phones, tablets , computers and any other electronic means like IVR
5. “Mobile Banking” shall mean Bank customers access to accounts and general information on Bank products and services through a mobile phone device and transact off their account held with the Bank.
6. “Instructions” shall mean the instructions given to Tropical Bank directly by the Customer through Mobile/Internet/SMS Banking.
7. “Terms & Conditions” means these Terms & Conditions including any amendments all annexure, schedules, incorporated by reference from time to time.
8. “Services” shall mean the products offered by Tropical Bank through the E-Banking Platforms like Internet, Mobile Banking.
9. “App” shall mean the downloaded program that’s designed to perform mobile Banking services by the registered customer using their mobile devices.
10. “Valid Card” shall mean an unexpired ATM card issued by Tropical Bank

Terms and Conditions

11. Incorporated Terms

In addition to this agreement, the terms and conditions of your ATM card and account or facility terms and conditions shall apply to all transactions you carry out or instruct the Bank to carry out through Bank accounts linked to the card or the account number -you select when using the internet Banking and SMS services

12. Instructions

You authorise the Bank to regard all activities you conduct or instructions sent after you enter your pass code as being authorised by you and intended to have legal effect. This includes circumstances where your pass code has been compromised in any way and the Bank has not received notice to that effect. An instruction is deemed to have been received by the Bank once the Bank confirms receipt of the instruction. Do not re-send your instruction without confirming the Bank’s receipt of the same from our customer service or checking your account statements. This is because your instruction may still be processed and re-sending the instruction may lead to double transaction for which we will not be held liable.

13. Use of Mobile Banking

Mobile Banking is a form of Banking service. This means that provisions of the General Terms relating to our Banking services apply to its operation.

In addition, you must:

1. a) Ensure you comply with any local restrictions on downloading, using or otherwise exporting the Mobile Banking or the app;
2. b) not download the Mobile Banking app from anywhere other than a store approved by us or install or use it on a jail-broken or rooted device;
3. c) not use Mobile Banking or the app in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the agreement, or act fraudulently or maliciously for example by hacking into or inserting malicious code into the Mobile Banking app or iOS, Android, or other operating systems;
4. d) not upload, store or share inappropriate or illegal images or content that breaches the rights of others;
5. e) not attempt to derive income from the use or provision of Mobile Banking, whether for direct commercial or monetary gain or otherwise;
6. f) not use Mobile Banking in a way that could damage, disable, overburden, impair or compromise Mobile Banking, Tropical Bank systems or security or interfere with other users;
7. g) and not collect or harvest any information or data from Mobile Banking or our systems or attempt to decipher any transmissions to or from the servers running Mobile Banking.

14. “Device and Use”

The device which you select to access electronic Banking may include a computer, cell phone, telephone or similar technologies and the medium through which you access internet Banking and SMS Banking services may include the internet, wireless application protocol (WAP), wireless internet gateway(WIG) short messaging system (SMS) or such similar systems. The device and medium shall collectively be referred to as “the communication system”.

15. Nature of information on the communication system

Unless clearly stated otherwise, the information contained in the communication system constitutes an invitation to do business with the Bank. It does not constitute an offer to buy or sell or enter into any transaction. Secondly, the information is intended to provide general information about the Bank, its products and services. The information may contain estimates therefore actual results may differ. The information is provided “as is” and therefore professional advisers or the Bank should be consulted before relying on any information contained in the communication system.

16. Processing of Instructions

Your instructions to the Bank will be subject to the same turnaround times and processes that apply to your customer profile, the type of account and type of transaction involved. More information on the turnaround time for processing transactions is availed at the Bank’s website or at customer service platforms.

17. Pass Code Protection and Irregularities

A “Pass code” refers to your PIN (Personal Identification Number). You must protect and keep your PIN and/or access codes confidential at all times. Please note that it is not safe to store it on your computer. You must report any compromise of your PIN or Pass codes to the Bank without delay. You may do this by contacting our Customer Service Centre. Once you notify us to disable your PIN or access code, we are entitled to:

a) Reject all instructions received after such notification;

b) Suspend the processing of all instructions not yet executed;

c) Reverse (if possible) all executed transactions with effect from such date and time as we may reasonably determine the unauthorized use to have commenced;

d) Deactivate the pass code without further notice; please note that your PIN/Pass code shall be confidential and there will not be a reason for any person including a member of our staff at Customer Service Centre to know or ask for your PIN or Pass code. It is your obligation not to disclose your Pass code to these persons, or any other third party regardless of whether you called them or they called you. After your initial registration we will not contact you to request your security details and we will not ask anyone else to do so on our behalf. If you receive such a request then it is likely to be fraudulent and you must not supply your security details in any circumstances. You should report any such activity to us immediately.

18. Ending a Transaction Session

You must ensure that you log-off from the Mobile or internet Banking system at the end of your transaction.

19. Charges

Charges shall accrue on the account whenever a customer transacts on the Mobile/ internet/SMS Banking Platform. Tropical Bank reserves the right to charge monthly subscriptions and or management fee in addition to transaction charges which shall be communicated in its tariff manual from time to time.

20. Lodging in Complaints

All complaints about all the e-Banking platforms like Mobile or Internet Banking shall be reported to the Bank as soon as possible for attention. The Bank shall upon receipt of any complaint, give feed back to the customer within reasonable time depending on the nature of the complaint.

21. Freezing of Accounts

The Bank may at any time freeze any account of the customer if there are reasons to believe that the account is being used for fraudulent/money laundering activities.

22. Interpretation

In these Terms and Conditions the expression, ‘the customer’ shall include any person or persons, firm or legal person (corporate body) and the word “his” also refers to the female gender.

23. Amendments

Any addition or alteration of these Terms and Conditions made from time to time by the Bank of which notice has been given to the Account Holder shall be binding upon the Account Holder as fully as if the same were contained in these Terms and Conditions.

24. Your Authority

Whenever a customer’s PIN or pass code is entered onto the Mobile or internet Banking, it shall be deemed as full authority by the customer to the Bank to execute such instructions flowing there from.

25. Use of location data

Certain services, including the ATM finder, will make use of location data sent from your mobile device. You can turn off this functionality at any time by turning off the location services settings for the Mobile Banking app on your mobile device. If you use these services, you consent to us and our partners’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your mobile device (for Android) or on the Mobile Banking app (for other mobile devices).

26. Limits

Tropical Bank reserves the right to set transaction limits, the amount and frequency of Payments that a Customer may make on his account. Without prejudice to the generality of the aforesaid, processing of all the instructions is subject to the availability of free, clear and available funds/limits on the Customer’s account or Valid Card. In the event of clear funds/limits not being available, Tropical Bank shall not process the instructions and shall not make Payments. The Customer understands that Tropical Bank shall not be liable for any late charges, penalty, loss, damage, expenses, whether direct or indirect, incurred/to be incurred by the Customer in this regard and/or the Utilities/Services not being delivered to the Customer by the agents on account of failure to execute Instructions and the Customer hereby agrees not to hold Tropical Bank liable in this regard.

27. Indemnity

In consideration of Tropical Bank agreeing to provide to you the service, you hereby irrevocably agree and undertake to indemnify and keep Tropical Bank indemnified, at all times hereafter and hold us harmless against all actions, claims, demands, liabilities, losses, damages, legal fees, costs, charges and expenses of whatever nature that may result or which we may sustain, suffer or incur as a result of our agreeing to provide the service to you. You further agree and confirm that this indemnity shall remain valid and subsisting and binding upon you notwithstanding withdrawal either partially or in totality the service offered.

28. Unavailability, Suspension & Termination of the service

You hereby acknowledge and accept that the service may without prior notice to you be unavailable and / or suspended from time to time for any reason, including but not limited to:

a) Technical failure or problems with the communication system itself or our communication system underlying Banking systems (the Bank system);

b) Technical failure or problems with a communication system directly or indirectly underlying the service that is owned or controlled by other persons (third party system);

c) Unavailability of telecommunication or electricity services; or other circumstances beyond our control.

d) You undertake in the event of unavailability of the services, to mitigate your potential losses by using any other means of communication with us for the duration of the unavailability of the service.

e) any interruption, malfunction, downtime or other failure of services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;

f) Any event over which we have no direct control.

g) Closure of related account (S).

NOTE: The Bank will not assume any liability or responsibility for any such unavailability and/or suspension.

The service may be terminated at any time by notice from you to us in the form of an application form (available at any of our branches). Any such termination shall be effective within 2 days of receipt of the termination notice by us. The Bank reserves the right to terminate the service at any time with notice to you.

29. Disclosure of customer account information

The customer hereby irrevocably mandates the Bank to lawfully disclose details of and relating to the customer’s Account to any credit reference, Agency or other like institutions as it deems necessary or as may be required by an Order of Court or by the Law.

You hereby understand and confirm that we may at our sole discretion record any and all information or instructions relayed from your phone and/or device to us and to you from us and store the same along with all information in such form and manner as it deems necessary and appropriate. The information may be relied upon by us or any other person who may reasonably require the same and/or produced in any proceedings or otherwise.

We shall not be liable for any losses or damage caused (a) by the disclosure of confidential information (b) by the disclosure of information to the designated mobile phone where such designated phone is in another person’s possession or (c) to your data, designated mobile phone, communications equipment or other equipment in each case caused by your use of the service unless such loss or damage is directly and solely caused by our wilful default or negligence.

30. Warranties

Although we have taken care to ensure that the content provided on the communication system is accurate and that you suffer no loss or damage as a result of using it, the communication system and e-Banking services are provided “as is.

We do not warrant that the communication system or internet Banking will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We expressly disclaim all warranties, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

31. Breach

The Bank may terminate your access to the service if you breach a material term of this agreement and fail to remedy it within the timelines recommended by the Bank.

32. Notices

You permit us to issue notices required in the terms of this agreement or by Regulation available via our communication systems or sending such notifications by email, SMS or similar future technologies. The notices issued shall to the extent to which they contain contractual terms relating to e-Banking form part of this agreement.

33. General Provisions
34. i) No failure on the part of the Bank to exercise any of its rights is to be construed as a waiver of any such right whether is done expressly or implied. It will not affect the validity of any part of these conditions or prejudice our right to take subsequent action against you.
35. ii) Where any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable to any extent; such term condition or provision will be severed from the remaining terms, which will continue to be valid.

iii)          The Bank’s address of service for any legal process is Tropical Bank Limited Bypass (Rotary, P.O. Box 9485 Kampala, Uganda.

1. iv) This agreement will be governed and construed in accordance with the Laws of Uganda

 Note: All charges are applicable as per the Tariff Guide