TERMS AND CONDITIONS FOR INTERNET & MOBILE INTERNET BANKING SERVICE OF DUBAI ISLAMIC BANK (PAKISTAN) LIMITED
All transactions effected by the Customer through Dubai
Islamic Bank (Pakistan) Limited Internet Banking Service, as defined below, will be
governed by these terms and conditions (Terms
and Conditions).
1. All capitalized terms used herein shall have the meaning
ascribed thereto in the following definitions:-
"Account(s)" refers to the Customers bank account, card
account, home finance account, auto finance account and / or any other type of
account (each an "Account" and collectively "Accounts", so
maintained with the Bank which are Eligible Account(s) for operations through
the use of Internet Banking Service.
Account Holder means the Customer who has an Account.
Affiliate includes the Banks authorized business partners and
vendors.
Bank means Dubai Islamic Bank Pakistan Limited, an Islamic banking
company incorporated under the laws of the Islamic Republic of Pakistan, having
its registered office at Hasan Chambers, DC-7, Block
7, Kehkashan, Clifton, Karachi.
Customer means the Primary Account Holder, Joint Account Holder and
the Affiliates authorized to use Internet Banking Service via the registration
form which the Customer shall access and fill-in online, or obtain from the Bank
and submit the same to the Bank after filling. In case of the Customer being a minor,
the guardian of such minor shall be permitted to use Internet Banking Service.
In this document all references to the Customer being referred in masculine gender
shall be deemed to include the feminine gender. For the avoidance of doubt,
it is pointed out that corporate customers of the Bank are not covered under
these Terms and Conditions.
Eligible Accounts means the account(s) in the name of the Customer
maintained with the Bank in respect of which Internet Banking Services
are offered by the Bank.
Joint Account Holder means the Joint Account Holder with the
Either or Survivor operating instructions
Internet Banking Service includes access to Eligible Accounts by
Account Holders on the Internet, whether through a computer, mobile or any other device,
whereby Account Holders can view balances, transfer funds, pay bills online
and other services as Bank may decide to provide from time to time.
The availability / non- availability of a particular service shall be at
the sole discretion of the Bank.
Notice
means a written and /or electronic Notice given to the Customer by the Bank.
Password means the electronic banking personal identification number or
secret number chosen by the Customer for confirming the Customers identity which enables
the Customer to access the Internet Banking Service.
Personal
Information means the information details provided by the Customer to the Bank,
during the course of relationship with the bank. This may include, however may not be limited to,
contact numbers, residence and office mailing addresses, email address etc.
Primary Account Holder means a single person who operates and
maintains any given account with the Bank.
Security Codes means collectively the Password, TPIN/FPIN and One Time Password (OTP).
SMS Alert means short message code commonly referred to as SMS generated by
the bank to advise customer of a certain activity related to, but not limited to any banking
transaction or activity performed by the customer and to intimate important
notification by the bank from time to time
SoC means Schedule of Charges
SMS Banking means, SMS banking services offered by the bank to the
account holder(s) for access to information of their respective Accounts as may be
prescribed by the bank from time to time and usage of products and/or services as
may be made available by the bank from time to time.
Statement of Account means bank statement: A list of all financial transactions
occurred on a customers account during any specified period of time with description
of each debit and credit and with opening and closing balance of the specified time
frame for which the statement has been generated.
e-Statement means, Statement of Account sent via electronic means
to the customers designated email ID as updated in banks record.
System
means the equipment and software contained on such equipment
used by the Customer to access the Internet Banking Service.
Password means a secret word or phrase that must be
used to gain admission to Internet Banking services.
TPIN/FPIN
means a four digit number needed by the Customer
to perform any financial transaction using the System.
OTP
means a five digit alpha numeric code required by the customer at
the time of login in addition to the password, which can be received
at customers registered cell number or email.
2. The Terms and Conditions will only be applicable to Customer
as defined above and will be available only in relation to Eligible Accounts.
All other terms and conditions notified by the Bank to the Customer will continue to subsist,
even in situations where such individual Accounts are being dealt with by the
Customer through the Internet Banking Service. Without prejudice to the terms and conditions
pertaining to individual Eligible Accounts, these Terms and Conditions shall
prevail only in respect of matters specified herein.
3. The Internet Banking Service(s) that have been availed by
the Customer on holiday(s) or after business hours shall be processed the
next working day. The Customer making payments of utility bills,
including but not limited to electricity, telephone, gas, cellular
service and other bills as the Bank may allow through the Internet
Banking Service, after the cut off time intimated to the Customer on
the last due date may be levied with extra charges / penalties for
such late payments as levied by the utility companies.
4. The Internet Banking Service will be available for use by the Customer at all times,
provided however the Bank may at its sole discretion, from time to time conduct
routine maintenance and repair services and as a consequence of such maintenance
and repair, the Internet Banking Service may not be available during this time period.
The Bank may at its discretion modify the Internet Banking Service being provided
or discontinue the Internet Banking Service by giving the Customer Notice of the
said modification or the disruption or termination of the Internet Banking Service.
The Customer hereby agrees to accept all such changes, disruption or termination
of the Internet Banking Service and waives all present and future rights that
the Customer may have to challenge the Banks right to amend or terminate the
Internet Banking Service. Notwithstanding anything contained hereinabove, the
Bank shall not be liable for any disruption and / or the non-availability of
the Internet Banking Service resulting from the occurrence of events beyond
the control of the Bank.
5. The Bank may allow the Customer to use the Internet Banking Service
to access and operate any joint accounts held by the Customer. Joint Account Holders
may be issued the Security Codes provided the account is operated severally. However,
the joint accounts which require two or more signatories shall not be provided
the Internet Banking Service.
6. The Customer will only access the Internet Banking Service from a
computer or mobile or other device of a third party with the said partys prior
permission and any loss or damage suffered by the third party due to such
access of the Internet Banking Service will not be the responsibility of the
Bank and the Customer will compensate the Bank for all losses and damage
that the Bank may incur due to any unauthorized access.
7. The Customer shall be solely responsible to purchase,
install and update the relevant / required hardware, software and an up to
date antivirus software to access the Internet Banking Service.
8. All material and information supplied to the Customer
by the Bank in relation to the Internet Banking Service shall not be used
by the Customer except for the sole purpose of accessing the Internet Banking Service.
Security Codes
9. In order to secure customer data and funds lying in any of
the accounts linked with Internet Banking from unlawful usage and from act of
fraud, bank has enforced additional layer of Security Code referred to as OTP.
OTP is enabled on all user IDs of DIB Internet Banking and cannot
be disabled by the customer.
9a. The Customer will ensure that the Security Codes are not
disclosed to a third party. The Security Codes will identify the Customer in
the operation and / or access to the Customers Account through the Internet Banking Service.
The Security Codes allow access to the user to the Account that the Security Code pertain to,
whether or not the Account Holder is himself accessing the Account.
The Bank is neither required to nor responsible for the verification and / or confirmation of the
identity of the person using the Security Codes and shall not be held responsible
in any way by the Customer for breach of the Security Codes.
9b. Customer will have the option to receive OTP either via SMS alert
on his/her cell phone or on his registered email address updated in bank records.
Bank will not be held responsible if customers cell number and email address
is not updated with the bank and customer fails to receive the OTP successfully
on either his/her cell number and email address or both.
10. The Customer shall have the option of blocking
all access to the Internet Banking Service in respect of his Account.
11. The Customer shall verify the Statement with a view
to detecting any unauthorized transactions in the Customers Account.
The Customer shall, on a regular basis, change the Password,
and shall take all such additional precautionary measures that may be necessary
to ensure that the confidentiality of the Security Codes and the Password
is maintained and they are not disclosed or released to any third party.
The Customer shall be able to reset his / her Security Codes
in accordance with this Paragraph 11.
12. The Customer shall immediately change the Password
through the Internet Banking Service or notify the Bank by calling on (021) 111
786 342 or any other number that the Bank may provide from time to time to the
Customer, in the event that the Customer becomes aware or suspects that the
Security Codes are known to any third party and may be used or have been used
by a third party to access the Customers Account or to carry out unauthorized transactions to
and from the Customers Account. Upon such notification the Bank will suspend use of the
Internet Banking Service for the Customer until Security Codes are changed and duly
notified to the Customer.
13. The Bank shall use the Security Codes to identify the Customer
and the Customer approves and gives his/her consent that the Bank is entitled to
act upon any instructions received by the Bank through the Internet Banking
Service without obtaining any further written or other confirmation from the
Customer if the Bank has not been informed of any breach of the Customers
Security Codes or the Bank has no reason to believe that the instructions
are not actually given or authorized by the Customer.
14. In order to effect any financial transaction
the Customer will also be required to provide the TPIN.
15. All instructions received by the Bank from the Customer,
through the Internet Banking Service are irreversible and the Bank will
charge the Customer for those transactions which are
conducted by him through the Internet Banking Service.
Indemnity
16. Notwithstanding anything contained hereinabove,
the Customer hereby indemnifies the Bank and agrees to hold the Bank harmless
against any loss, damage, costs, charges and expenses that may be suffered
by the Bank as a direct or indirect consequence of the Customers accessing
the Internet Banking Service and infecting the Internet Banking Service / System with a virus.
The Customer shall indemnify the Bank, Bank employees and Banks nominees
or agents promptly and on a full indemnity basis from or against all actions,
omissions, negligence, proceedings, claims, demands, damages, losses (including direct, indirect or consequential losses),
costs and expenses including all duties, taxes, or other levies and
legal costs as between lawyer and client (on a full indemnity basis)
and other liabilities which the Bank may incur or suffer from or as a
result of the Customers use of the Internet Banking Service.
The Customer shall compensate the Bank for any loss that the Bank may
suffer as a result of the Customers non compliance with
any of these Terms and Conditions.
17. The Customer hereby indemnifies the Bank for any
loss that the Bank may incur in relation to the usage / transfer / withdrawal
of funds in excess of the balance available to him / her. The Customer
shall within 7 (seven) working days deposit the excess amount
that has been utilized / withdrawn from the Account.
18. The Customer shall comply with all these Terms and Conditions
of the Internet Banking Service and pay all the charges as per
the prevailing SOC rates connected with it.
Internet Banking Service accessed outside Pakistan
19. If the Internet Banking Service is accessed outside Pakistan,
the Customer is responsible for compliance with the local laws of that
country, including (but not limited to) obtaining any license(s),
that may be required.
Loss
20. The Bank will not be liable for any loss or damage to
the Customer as a result of providing the Internet Banking Service,
including any direct, indirect, consequential or special loss
suffered by the Customer howsoever caused in the use of the Internet
Banking Service whether directly or indirectly arising from
the use or availability of the Internet Banking Service.
Termination of Internet Banking Service
21. The Customer may cancel his/her use of the Internet
Banking Service at any time by giving the Bank written notice or in
such manner as may be notified by the Bank to the Customer from
time to time, provided that the Customer agrees that such cancellation
will terminate the use of the Internet Banking Service in respect
of all Accounts held by the Customer. In the event that the
Customer terminates the use of Internet Banking Service, any
instructions that have been issued by the Customer via the
Internet Banking Service shall stand valid and will not be
nullified upon termination.
22. The Bank has the right to end or suspend the Customers
use of the Internet Banking Service at any time, without assigning any reason
for such suspension. The Bank shall inform the Customer of such suspension
by way of a Notice. The Notice of suspension of the Internet Banking
Service may be in the form of a notification appearing on the Customers
screen at the time of accessing the Internet Banking Service and Customer
hereby agrees that the Bank will not be required to issue any Notice in writing
in addition to such a Notice. The Bank will however, comply with all instructions
of the Customer received by the Bank prior to the suspension
of the Internet Banking Service.
Payments
23. The Bank may charge a fee for the Internet Banking
Service and the Bank may change the fees from time to time, at its discretion.
The fees in this Section shall be exclusively for providing the
Internet Banking Service and shall not relate to any charges for
other banking services the Bank might provide in response to the
Customers requests via the Service. The details of the Banks
charges for particular banking or other services will be provided
to the Customer on a request made by the Customer.
24. Any change in the fees and charges referred to in
Paragraph 21 above and / or to these Terms and Conditions referred to in
Paragraph 25 below, will be effected on such day as may be notified by the Bank
by publishing the notice on the Banks SoC and / or
the Banks website. No confirmation and / or verification of such change will be
required from the Customer.
Set off
25. The Bank shall have the right of set-off and lien, irrespective
of any other lien or charge, present as well as future, on the deposits held in the Account(s)
or in any other account, whether in single name or joint name(s), to the extent of all outstanding dues,
whatsoever, arising as a result of the Internet Banking Service extended to the Customer.
26. The Bank reserves the right to set off any Customers
liabilities and / or payment from one Account to another held with the Bank.
Amendment
27. The Bank may modify and amend these Terms and Conditions at
any time and from time to time, and inform the Customer of such amendment by giving
the Customer Notice by placing the same at the Banks offices or branches or by sending
the Customer a message via the Internet Banking Service. The Customer shall be deemed
to have accepted the amended / modified Terms and Conditions
each time he/she logs on to the System.
Severability
28. If any one or part of the
terms of these Terms and Conditions proves to be legally invalid or
unenforceable in any way, this will not affect the validity of the remaining terms.
In the event that any terms of these Terms and Conditions are proven not to be
legally valid for any reason whatsoever, the Bank is entitled to change the
said term without having any effect on the enforceability of the remaining
Terms and Conditions.
29. If one of the terms of these Terms and Conditions is
unenforceable against one of the Customers accepting these Terms and Conditions,
this will not in any way affect the enforceability of that term against
the other Customers.
Notice
30. Except for situations where these Terms and Conditions
refer to the Customers giving the Bank a notice by telephone, the Customer
should give the Bank a written notice in connection with the Internet Banking
Service in writing in hard copy form to any of the Bank branches in Pakistan
where the Customer maintains an Account (or any other address the Bank may
notify to the Customer from time to time for this purpose).
Complaints
31. Any complaints in relation to the correctness and / or genuiness of transaction and / or continuity of Internet
Banking Service may be made either at the twenty four hours helpline
111-786-342 or directed in writing to any of the Bank branches in Pakistan where
the Customer maintains an account (or any other address the Bank may notify to
the Customer from time to time for this purpose) within seven (7) business
days.
32. To protect the Banks Customers as well as the Banks staff,
and to help resolve any disputes between the Customer and the Bank the Bank
may record all telephone conversations held between the Customer and the Bank
regarding the Internet Banking Service, keep a record of all instructions
given by the Customer via the Internet Banking Service and the Bank may
listen to telephone calls made in respect of the Internet Banking Service.
Advertising
33. From time to time the Bank may advertise its own products
and services, and those of its subsidiary companies of the Bank, through the
Internet Banking Service. The Bank may send the Customer advertising material
in respect of the said products and services and other subsidiary companies
of the Bank from time to time.
Acknowledgment by the Customer
34. The Customer hereby acknowledges that he/she utilizes this
facility at his/her/its own risk. These risks may include the following:
(i) The Customer acknowledges that
in case any third person obtains access to the account access information, he/she would be able to
instruct the Bank to transfer fund or make payment. The Customer undertakes to ensure that the
terms and conditions applicable to the use of the Password are complied with at all times.
(ii) The internet is susceptible
to a number of frauds, misuse, hacking and other actions that could affect
payment instructions to the Bank. Whilst the Bank shall aim to provide security
to prevent the same, there cannot be any guarantee from such internet frauds,
hacking and other actions that could affect payment instructions by the Customer
to the Bank. The Customer separately indemnifies the Bank against all risks arising out
of any such action affecting payment instructions to the Bank.
(iii) The transfer of funds to
third party accounts would require proper, accurate and complete details. The
Customer would be required to fill in the account number of the person to whom
the funds are to be transferred. In the event of any inaccuracy in this regard,
the funds may be transferred to incorrect accounts and the Bank will not be
responsible and / or liable for reversal of such amounts and / or any refunds
in this regard. The Customer also indemnifies the Bank on a full indemnity
basis against any loss suffered by the Bank in case the transfer of funds by
the Bank pursuant to the instructions of the Customer results in violation
of any Anti Money Laundering Law, Rules or Regulations anywhere in the world.
(iv) In case the transaction(s)
for transfer of funds as per the Customers instruction is not completed for
some reasons, the Customer shall not hold the Bank responsible in any manner
in the said transaction(s) and contracts and the Customers sole recourse in
this regard shall be with the beneficiary of the transaction.
(v) The technology for enabling the
transfer of funds and other services offered by the Bank could be affected by
virus or other malicious, destructive or corrupting code, program or macro.
It may also be possible that the website or system of the Bank may require
maintenance and during such time it may not be able to process the request
of the Customer. This could result in delays in processing of instructions
or failure in processing of instructions and other such failures and
inability on the part of the Bank.
(vi) The
Customer understands that the Bank disclaims all and any liability, whether
direct or indirect, whether arising out of any loss of profit to the Customer
or otherwise arising out of any failure or inability by the Bank to honor any
Customers instructions for whatsoever reason. The Customer understands and accepts
that the Bank shall not be responsible for any of the aforesaid risks and the Bank
shall disclaim all liability in respect of the said risks.
(vii) The Customer undertakes,
acknowledges and confirms that all his instructions shall be binding on
himself as well as the Bank and he shall have no right to retract once
the instructions have been passed on to the Bank through the Internet Banking Service.
However, if the Bank has not so far acted on any instructions by the Customer through
the Internet Banking Service, the Bank may in its discretion allow the Customer to retract the same.
(viii) The decision as to when
an instruction through the Internet Banking Service by the Customer is to
be deemed effective shall vest in the Bank and it shall decide the same according
to its own internal policy keeping in view its technological requirements and capabilities.
(ix) The Customer accepts
and acknowledges that at the time of signing these terms and conditions,
all his/her associated Accounts with the bank will be automatically linked
to his/her Internet Banking credentials and no separate request is required
in this regard. Neither the customer has the option to de-enroll any such
account associated with his/her CNIC from Internet Banking Services, which he/she is availing.
35. The Customer agrees that the Bank and/or Affiliates
or their contractors may hold and process his Personal Information and all
other information concerning his Account(s) on computer, mobile or otherwise
in connection with the Internet Banking Service for analysis,
credit scoring and marketing.
36. The Customer also agrees that the Bank may disclose,
in strict confidence, to other institutions, such Personal Information as
may be reasonably necessary for reasons inclusive of but not limited to
participation in any telecommunication or electronic clearing network,
in compliance with a legal directive, for credit rating by recognized
credit scoring agencies and for fraud prevention purposes.
37. The Customer acknowledges and confirms that
the Bank may, in its absolute discretion, and without any notice or
liability to the Customer or any other person, refuse to act on, or
delay acting on the Customers instructions or reverse any action
taken for any reason, including without limitation:
(i)The instruction is not
in accordance with these Terms and Conditions or any other agreement between
the Bank and the Customer;
(ii) The Bank is of the opinion
that the instruction may not be authorized or involves funds subject to a
hold, dispute, restriction, trust or third party obligation;
(iii) The instruction violates the
Banks policies, procedures or practices, any applicable law or regulation,
rule, standard, guideline (including but not
limited to any applicable Anti Money Laundering regulations and
guidelines) or any governmental authority;
(iv) The
effect of the transaction would exceed a limit
imposed by the Bank on the Customer or the Services;
(v) In the opinion of the Bank,
there is a breach of security procedures in respect of or in connection with
the Services;
(vi) The
Bank is unable to process the Instructions; and,
(vii) There is an operational
failure or malfunction in connection with the transmission of the instruction.
Governing
Law and Enforceability
38. These Terms and Conditions are governed by and shall be
construed in accordance with the laws of Islamic Republic of Pakistan to the
extent that these laws do not conflict with the principles of Sharia as set out in the Sharia
Standards published by the Accounting and Auditing Organization of Islamic
Financial Institutions and as interpreted by the Sharia
Board of the Bank. The courts of Pakistan shall have exclusive jurisdiction
over all matters arising herefrom.
39. If the Bank relaxes any of the terms of these Terms and Conditions,
this may be on a temporary basis or as a special case only. Such relaxation
will not affect the Banks right to enforce that term strictly
at any other time.