TERMS AND CONDITIONS FOR INTERNET & MOBILE INTERNET BANKING SERVICE
All transactions effected by the Customer through the Dubai
Islamic Bank Pakistan Limited Internet Banking Service, as defined below, will be
governed by these terms and conditions (Terms
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
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.
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.
Information means the information provided by the Customer to the Bank.
Primary Account Holder means a single person who operates and
maintains any given account with the Bank.
Security Codes means collectively the Password and TPIN.
SoC means Schedule of Charges
Statement means bank statement, contract or transaction note,
confirmation Notice for, Internet Banking Service, or any of these or similar
documentation, as applicable, depending on the Internet Banking Service.
means the equipment and software contained on such equipment used by the
Customer to access the Internet Banking Service.
means a four digit number needed by the Customer to perform any financial
transaction using the System.
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
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 upto date anti virus 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.
9. 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 of the Security
Codes 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.
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 unauthorizedly 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 and the Password
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.
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
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
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.
23. The Bank will 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.
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.
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.
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.
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).
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
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.
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:
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
(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
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
(ix) The Customer shall, at the
time of signing these terms and conditions, identify the Accounts in respect of
which he requires the Internet Banking Service and the Internet Banking Service
shall be provided in respect of such Accounts only.
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
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
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;
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
Bank is unable to process the Instructions; and,
(vii) There is an operational
failure or malfunction in connection with the transmission of the instruction.
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.