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Mobile Banking Terms and Conditions

NBAD Mobile Banking

Terms and Conditions governing the NBAD Mobile Banking Service

In this document, the following words and phrases shall have the meanings set out below unless indicated otherwise. You should read every definition, clause, phrase and sentence detailed in this document with utmost care and should not accept these Terms and Conditions without fully understanding their meaning. If you do not understand any part of this document or you require further clarification, you should immediately contact NBAD to seek further clarification. Unless the context otherwise requires, words importing the singular include the plural and vice-versa.

You must read these Terms and Conditions carefully prior to signing or electronically submitting an Application. By signing or electronically submitting an Application, you shall be deemed to have understood and accepted these Terms and Conditions and will be bound by these Terms and Conditions.

1.Definitions

Mobile banking Application

Means NBAD’s mobile application accessed by a Customer to use the Mobile Banking Service through a smart phone by downloading it from the stores.

Application

Means a written or electronic request by a Customer to use the Mobile Banking Service.

Fingerprint

Is an easier alternative to logging into the Mobile Banking Application using just Customer’s fingerprint instead of Security Codes.

Authorised Charities

Means a charitable organisation which the Customer is able to donate money to via the App.

Business Day Means a day on which NBAD is open for operations in the United Arab Emirates.
Customer Means an NBAD Customer or Non-NBAD Customer.
Email Refers to the 'Mail' option available within the Mobile Banking Service enabling secured electronic mail communication between the Customer and NBAD and that is accessible to authenticated Customers only.
Instruction Means electronic data initiated remotely by the Customer and electronically transmitted to NBAD via the Mobile Banking Service.
Mobile PIN Means a combination of alpha and/or numeric characters which are required by the Customer to access the Mobile Banking Service.
Payment Means a fund transfer from a Customer's NBAD account and/or credit card towards any utility bill payment services provided by NBAD and/or donations to Authorised Charities.
Mobile Banking Service Means the mobile banking facility the Bank made available for the provision of banking services, transaction details, initiating funds transfer instructions and other services as may be made available to the Customer from time to time through mobile phones.
Mobile Token Means a combination of numeric characters which is required by the Customer as a secondary form of authentication to access the Mobile Banking Service.
NBAD or Bank Means National Bank of Abu Dhabi PJSC, and its branches, successors and legal assigns.
NBAD Online Service Means the banking service provided for NBAD customers via the internet.
NBAD Customer Means a person who has an account and/or credit card with NBAD and who is authorised to conduct Transactions and/or Instructions via the Mobile Banking Service.
Non-NBAD Customer Means a person who does not have an account and / or credit card with NBAD.
One Time Password (OTP) Means a combination of numeric characters sent by NBAD to customers registered mobile/email via SMS/Email, which are required by the Customer as a secondary authentication to access the Mobile Banking Service.
Security Codes Means all passwords, activation keys and other codes as may be prescribed by the Bank from time to time.
Security Tools Means User ID, Password, Mobile Token or any other means of security implemented by NBAD from time to time for a Customer to access the Mobile Banking Service.
Mobile Banking Service Means the Electronic banking system which enables a Customer to conduct Transactions and Instructions on a Customer’s NBAD account and/or credit card via the internet and/or via the App.
Terms and Conditions Refers to the terms and conditions mentioned herein governing the use of the Mobile Banking Service.
Transaction Means the Instructions affecting a Customer’s account and/or credit card.
Transfer within NBAD Means funds transfers:
(i) Between customers’ own NBAD accounts and/or credit card(s).
(ii) From a Customer's NBAD account and/or credit card to another NBAD account and/or credit card maintained by another customer with NBAD.
(iii) from a Customer's NBAD account and/or credit card to any individual, whether a customer of NBAD or not, via short message service (SMS) money transfer accessed through any of NBAD’s automated teller machines in the UAE.
Transfer To Other Banks Means funds transfer from a Customer's NBAD account and/or credit card to an account with another bank.
Customer Refers to any individual, whether a customer of NBAD or not, who has access to the Mobile Banking Service.
User ID Means a group of alpha and/or numeric characters which are required by the Customer to access the Mobile Banking Service.
Website Refers to the website owned, established and maintained by NBAD and located at the URL www.nbad.com.
Template Means a saved form used to execute a Transfer.
2.General
2.1

The NBAD Mobile Banking App is an App for IPhone and Android devices which allows the Customer to perform several bank functions, depending on their level of access.

2.2

The Mobile Banking Service is governed by the following Terms and Conditions.

2.3

For NBAD Customers the General Terms and Conditions of Accounts and Banking Services will also be applicable except to the extent the General Terms and Conditions of Accounts and Banking Services are in conflict with these Terms and Conditions and in such case, these Terms and Conditions shall prevail.

2.4

By downloading, installing and using the Mobile Banking Service, the Customer acknowledges and accepts these Terms and Conditions and any supplementary Terms and Conditions that may from time to time be in force. You must read and fully understand these terms and conditions as you must accept them before using the Mobile Banking Service.

2.5 Any terms used within these Terms and Conditions which are not defined will take their meaning as under the General Terms and Conditions for Accounts and Banking Services.
2.6 Words importing only the singular shall include the plural and vice versa.
2.7 NBAD's records of Transactions and Instructions shall be legally binding and conclusive evidence of such Transactions and Instructions. The Customer agrees not to dispute or challenge the validity or enforceability of any Instruction on the grounds that it is not a written document and hereby waives any such right the Customer may have at law. In addition, such Instructions are considered original documents and the Customer agrees not to challenge the admissibility of any Instruction on the grounds that it is made in electronic form.
2.8 The Bank may, in its discretion and without prior notice, temporarily suspend the Mobile Banking Services or terminate it completely.
2.9 The Customer shall be responsible to inform NBAD immediately of any unauthorised Transactions that have taken place. In the event the Customer fails to inform NBAD, NBAD will not be liable for any Transactions made.
2.10 NBAD may, without notice and without stating the reason therefor, cancel or refuse to execute any Instruction at any time without incurring any liability.
2.11 The Customer shall only use the NBAD Mobile Banking Service for purchases that are legally acceptable in the UAE and/or in the Country of purchase. The Bank reserves the right (subject to applicable law) to refuse settlement of any Mobile Banking transaction on the Customer’s behalf if the Bank is of the reasonable opinion that the transaction is for goods/ services which the Bank considers illegal.
2.12 In general, the Bank reserves its right at all time and without the need to give notice to the Customer to refuse to authorise any purchase or cash advance, cancel or suspend the right to use the NBAD Mobile Banking Service in respect of all or specific or transactions and refuse to renew access to the Service if requested.
2.13 In the event of any misuse by the Customer of the Email provided by NBAD with the Service, NBAD shall be entitled to disable the Customer's access to the Service without prior notice.
2.14 NBAD reserves the right to vary these Terms and Conditions from time to time with prior notice to the Customer. The current Terms and Conditions will be available on the Website.
2.15 The Customer is responsible for notifying NBAD of any change in contact details.
2.16 All changes or alterations on the T&C will be uploaded on the Bank’s website. Customers are expected to read these carefully and which will be construed as accepted by them.
2.17 These Mobile Banking Terms and Conditions shall be governed by, construed and interpreted in accordance with the federal laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi, and the laws of the Emirate of Abu Dhabi. In the event of a dispute, the courts of Abu Dhabi shall have jurisdiction, provided that the Bank may, if it deems appropriate, bring proceedings in any other jurisdiction, inside or outside the United Arab Emirates. 
2.18 These Terms and Conditions are made in Arabic and English texts, however if there is any contradiction between the Arabic and English text, the Arabic version shall prevail.
2.19 It is the responsibility of the Customer to ensure strict adherence to the security guidelines issued and updated regularly by NBAD. The Customer is also responsible for ensuring that any other security alerts that are posted on the Website and/or advised via email to the Customer's email address as per NBAD’s records are observed and complied with.
2.20 No forbearance, delay or indulgence by NBAD in enforcing the provision of this Agreement shall prejudice or restrict the rights of NBAD nor shall any waiver of its rights in relation to a breach of this Agreement operate as a waiver of any subsequent breach and no right, power or remedy given to or reserved to NBAD under this Agreement is exclusive of any other right, power or remedy available to NBAD and each such right, power or remedy shall be cumulative.
2.21 If any provision of this Agreement is held to be ineffective, unenforceable or illegal for any reason, such decision shall not affect the validity or enforceability of any or all of the remaining provisions of this Agreement.
3.Eligibility
3.1

To be eligible to use this App, you will require an IPhone or Android device with an internet connection.

3.2

The App can be used by NBAD Customers as well as Non-NBAD Customers but with differing levels of access.

3.3

Notwithstanding this, the App will not allow the use of accounts which require multiple signatures or account holders under the age of 18 years.

3.4 Upon downloading and installing of the App and the completion of prescribed registration and activation procedures, the Customer will be granted a limited, non-exclusive, non-transferable right to use the App, provided he continuously complies with the following:
a. Not to use the App for any purpose other than to access the outlined feature of the Mobile Banking Services;
b. Not to permit or enable any person to access the App, or leave his mobile phone unattended in such a manner as to enable others to access the Software;
c. Not to reproduce, modify or reverse engineer, modify, decompile the App or permit any other person to do so;
d. Not to permit any person to access the Security Tools; and
e. Acknowledge that the Mobile Banking Services and all associated software are either owned, proprietary or licensed to the Bank and/or third party providers.
3.5 It is a condition precedent for the use of NBAD Online Service that the Customer maintains an account with the Bank in the UAE, In the event where the account relationship is terminated for any reason or in the event of any breach of the terms and conditions herein contained, the bank shall be entitled forthwith to cancel the NBAD online Service.
3.6 The Bank reserves the right to refuse an application and may, at its sole discretion, withdraw at any time all rights and privileges pertaining to Mobile Banking Service.
3.7 Where the Customer is required to confirm his concurrence electronically for the associated terms and conditions, the Customer understands that such concurrence via electronic media will be sufficient and will be binding on the Customer for all intents and purposes.
3.8 Notwithstanding the above, the Customer undertakes to execute any additional documents that may be required by the Bank prior to provision of any modified/additional facilities under the Mobile Banking Service to the Customer. Where a Customer fails to comply with the above requirements, he shall not be eligible for such enhanced or modified service and the Bank will be entitled to withdraw the Mobile Banking Service.
3.9 The Bank reserves the right to perform maintenance to the Mobile Banking Services and/or suspend access to Mobile Banking Services at any time.
3.10

Non-NBAD Customers are eligible to use only the following Mobile Banking Service:
• Access the nearest ATM/Branch.
• Marketing widget.
• Request to apply for accounts, loans or cards.

3.11

Mobile Banking Services are not available to NBAD Customers without NBAD approval
• For accounts that require two or more signatures.
• For accounts opened for Companies or Partnerships.
• For attorneys acting on behalf of NBAD Customers.

4.Security and Access Procedures
4.1

Following completion of the prescribed registration and activation procedures, the Bank will provide Security Codes to the Customer for the purpose of accessing the Mobile Banking Services. The Bank may also issue separate requirements, restrictions, instructions, activation and access procedures, or any additional conditions pertaining to the access and use of the Mobile Banking Services, the Software, the Security Codes, and the transmission of Instructions (“Procedures”). The Customer agrees and undertakes to be bound by and to comply with all of the Procedures that the Bank may issue from time to time.

4.2

The Customer must secure the Software and the Security Codes installed on the Customer’s mobile phone with a password. All such passwords and the Security Codes must be kept strictly confidential and must not be disclosed to anyone else, It is the responsibility of the Customer to maintain his security credentials confidential at all times.

4.3

The Customer must not permit any person to access his mobile phone in such a manner that he may access the Software, Security Codes or the Mobile Banking Service.

4.4

In the event that the Customer loses possession or control of his mobile phone in which the Software and/or the Security Codes are installed, the Customer must immediately notify and instruct the Bank to revoke the Security Codes.

4.5 Until and unless the Customer notifies the Bank, in accordance with Clause 3.4, all Instructions received by the Bank which are associated with the Customer’s Security Code shall be deemed correct, valid and issued by the Customer. The Bank shall be entitled to rely on such Instructions, whether they actually originated from the Customer or purportedly originated from the Customer. The Customer accepts that all erroneous or inadvertent messages received and processed are his responsibility.
4.6 The Customer agrees to indemnify the Bank against any and all liabilities, losses, claims and damages arising as a result of Customer’s negligence, breach or non-compliance with the provisions of these Terms and Conditions or as a result of the Customer losing his mobile phone and/or Security Codes.
5.Software
5.1

The Customer is required to download the App from the Apple Store or Google Play Store, depending on the Customer’s device.

5.2

Upon completion of the prescribed registration and activation procedures, the Customer will be permitted to download the Software for installation into his mobile phone and accordingly the Customer will be granted a limited, non-exclusive, non-transferable right to use the Software, provided he continuously complies with the following:
a. Not to use the Software for any purpose other than to access his own Account(s) via the Mobile Banking Services.
b. Not to permit or enable any person to access the Software, or leave his mobile phone unattended in such a manner as to enable others to access the Software.
c. Not to reproduce, modify or reverse engineer, modify, decompile the Software or permit any other person to do so.
d. Not to permit any person to access the Security or Activation Codes or otherwise enable any person to download a copy of the Software.
e. Acknowledge that the Mobile Banking Services and all associated software are either owned, proprietary or licensed to the Bank and/or third party providers.

5.3

The Customer must agree to these Terms and Conditions before using the Mobile Banking Services.

5.4

NBAD is not liable for fees and charges incurred through downloading and using the App. All charges associated with downloading the App are the Customer’s responsibility.

6.NBAD Online Service
6.1 Transfers within NBAD
6.1.1 NBAD Customer’s may use the Mobile Banking Service to transfer funds between the Customer's own NBAD accounts and/or credit card(s).
6.1.2 NBAD Customer’s may Transfer funds between NBAD accounts via the Service twenty four (24) hours a day.
6.1.3 NBAD Customer’s may transfer funds in foreign currencies via the Mobile Banking Service twenty four (24) hours a day and shall be processed at the prevailing exchange rate applicable at the time the Transaction is submitted.
6.1.4 Transfer requests will be processed only upon the availability of sufficient funds in the Customer's respective account or credit card at the time the Customer submits the Transaction and is subject to the daily transaction limit that applies to the Service as detailed in clause 3.2.
6.1.5 Subject to the Customer’s agreement to these Terms and Conditions or requesting a different daily transaction limit, NBAD ‘Elite Banking’ Customers shall be subject to a daily transaction limit of AED 500,000 and all other Customers shall be subject to a daily transaction limit of AED 250,000.
6.2 Payments
6.2.1 NBAD Customers may use the Mobile Banking Service to make Payments  from the NBAD Customer’s  account and/or credit card towards the utility bill payment service provided by NBAD and/or towards donations to Authorised Charities.
6.2.2 Payments may be submitted via the Service twenty four (24) hours a day.
6.2.3 Payments in foreign currencies may be submitted via the Service twenty four (24) hours a day and shall be processed at the prevailing exchange rate applicable at the time the Transaction is submitted.
6.3 Transfers to Other Banks
6.3.1 NBAD Customers may use the Mobile Banking Service to  transfer funds  from the Customer’s own account and/or credit card to an account with another bank.
6.3.2 Transfers in UAE Dirham and foreign currency may be submitted via the Service twenty four (24) hours a day.
6.3.3 Transfers in UAE Dirham that are submitted by 4.00 PM (UAE time) on any Business Day will be processed on the same day. Transfers to Other Banks in foreign currency that are submitted by 1.00 PM (UAE time) on any Business Day will be processed on the same day.
6.3.4 Transfers submitted after the above mentioned cut-off times or during any day that is not a Business Day in the UAE will be processed on the next Business Day.
6.3.5 During foreign currency holidays, quoted FX rates may include a risk premium.
6.4 Mutual funds
6.4.1 NBAD Customers may use the Mobile Banking Service to access their investment accounts for viewing purposes only.
6.5 Alert Services
6.5.1 NBAD Customers may use the Mobile Banking Service to subscribe or unsubscribe to Transaction alerts to the Customer’s mobile number or email address registered with NBAD via the Service. Under the Alert services the Bank will send the NBAD Customer alert messages concerning events or transactions relating to the NBAD Customer’s Account with the Bank.
6.6 Fees and Charges
6.6.1 The Mobile Banking Services are currently made available by the Bank at no charges. The Bank reserves the right to charge the Customer for use of the Mobile Banking Services. The Bank shall notify the Customer of such charges, as and when they become applicable.
6.7 All NBAD's fees and charges shall be debited from the Customer's respective account and/or credit card.
6.8 Banks standard tariff of Fees & Charges are applied wherever applicable.
6.9 However, in respect of Payments to utility companies or donations to Authorised Charities, any transfer of funds from a credit card account to any other account shall be subject to cash advance fees. In addition, Transfer to other Banks shall be subject to prevailing bank tariffs.
7.Security Tools
7.1

The Customer shall be fully responsible for safeguarding the Security Tools and for ensuring they are not disclosed to any person.

7.2

In the event that the Customer’s Mobile device is lost or stolen or the PIN is disclosed to any other party, the Customer must immediately report the said loss, theft or disclosure, together with the particulars of the NBAD Mobile Banking Service to the Bank either through its Branches or by calling its Call Centre. The Customer accepts that he will be responsible for the transactions processed using the NBAD Mobile Banking Service and the Bank is not liable from the loss, theft or disclosure of the PIN to any third party.

7.3

The Security Tools are considered the Customer’s identification and must be provided when requested by the Bank.  Once completely and successfully entered, NBAD shall consider the Customer as the source of all Instructions and Transactions.

7.4

If the Customer enters the wrong Security Tools, Mobile PIN (6 Digits) will allow a further five (5) attempts to log in, then the App will be locked and the Customer will need to contact the Bank to gain access to the Mobile Banking Service.

7.5 The Customer must only use one device at a time.
8.Intellectual Property
8.1

Copyright in the information provided to the Customer is owned by NBAD or Licensed to NBAD. The Customer may use this information for their own personal reference only. The Customer may reproduce this information in hard copy solely for their own personal use. The information may not otherwise be reproduced and must not be distributed or transmitted to any other person or incorporated in any way into another document or other material.

8.2

The Customer acknowledges and agrees that NBAD owns all right, title and interest in the Mobile Banking Service , and nothing in this Agreement confers in the Customer any right of ownership in the Mobile Banking Service.

9.Liability 
9.1 The Customer shall at all times be liable for any transaction made using the  Mobile Banking Service and he shall indemnify the Bank for all losses or damages including those caused by the unauthorised use of the  Mobile Banking Service. The records of transactions processed using the NBAD Mobile Banking Service electronically are conclusive and binding evidence for all purposes.
9.2 The Customer hereby acknowledges that NBAD shall not be responsible for any errors, damages and claims that may result from the open nature of the internet or through the installation of the App. The Customer shall be solely responsible for all risks resulting from the use of the Service by a Customer, Customer or any other person.
9.3 The Customer is solely responsible for the accuracy and correctness of all information and details transmitted via the Service. The Customer acknowledges that all Transactions and Instructions conducted via the Service will be processed without any further reference, written notice or verification.
9.4 Once the Customer submits and confirms Instructions or Transactions via the Service, NBAD shall be under no obligation to accept any amendment or cancellation thereof.
9.5 The Customer shall be solely responsible for establishing, adding or modifying beneficiary details via the Service. NBAD will not be liable for non-payment as a result of error of beneficiary details submitted by a Customer, any failure to identify the beneficiary or delay in payment to the beneficiary at the receiving destination.
9.6 The Customer agrees to treat the access rights, documentation and any information related to the Service, strictly private and confidential at all times and shall not copy or reproduce them in any form either in whole or in part.
9.7 NBAD shall not accept and shall have no liability in relation to any claims for compensation, loss or damage that may result from any Transaction or Instruction or use of the Service.
9.8 The Customer shall be liable for any misuse of the Service as a result of non-compliance with security procedures, these Terms and Conditions, disclosure of any Security Tools or any other form of security breach from the Customer's terminal.
9.9 NBAD shall not be liable for any failure of the Service, including, without limitation, Transaction alerts, beyond its reasonable control and does not warrant that the Customer’s use of the Services will be interrupted or error-free.
9.10 NBAD does not warrant the accuracy of the location details or information in the “Find your nearest branch/ATM” feature.
9.11 NBAD makes no warranty as to the quality of service provided by any internet service provider and shall not be liable for any loss or damage that may result from any lapse or failure on the part of the internet service provider or any third party affecting the Service or from any unavailability or improper functioning of the Services for any reason including due to the location, internet network availability and signal strength, proper functioning of hardware or software.
9.12 The Customer hereby irrevocably agrees to indemnify and keep NBAD indemnified, at all times hereafter, from all losses and damages incurred by NBAD as a result of any breach of these Terms and Conditions by the Customer.
9.13 NBAD Customer shall accept full responsibility for all Transactions made and in ensuring the accuracy and completeness of the Transactions.
9.14 NBAD shall not be liable in any manner to the Customer in connection with the use of the Mobile Banking Service, including any loss or damage incurred as a result of using the App.
9.15 The Customer accepts all costs, expenses, and risk whatsoever in connection with the use of the Bank’s currency calculator. The Customer agrees that the conversion from one currency to another shall be based on the Bank’s prevailing rate of exchange on the transaction date.
9.16 NBAD shall not be responsible or liable for any harm and/or damage caused by the transmission of a virus in the Mobile Banking Service that may cause damage, disruption, disable or deactivate the operation of the Mobile Banking Service or the operation of the Customer’s mobile device, software, hardware, date or property.
9.17 The Customer is solely responsible for the accuracy and correctness of all information and details transmitted via the Mobile Banking Services. The Customer acknowledges that all Transactions and Instructions conducted via the Mobile Banking Services will be processed without further reference, written notice or verification.
9.18 Once the Customer submits and confirms Instructions or Transactions through the Mobile Banking Services, he agrees that the Bank shall be under no obligation to accept any amendment or cancellation of those Instructions or Transactions.
9.19 The Customer shall be solely responsible for providing beneficiary details for any Transaction. The Bank will not be liable for non-payment as a result of error of beneficiary details the Customer submitted, any failure to identify the beneficiary or delay in payment to the beneficiary at the receiving destination.
9.20 The Customer agrees to treat the access rights, documentation, or any information related to the Mobile Banking Services, strictly private and confidential at all times and the Customer shall not copy or reproduce them in any form either in whole or in part.
10.Force Majeure
10.1

NBAD shall not be liable for any delay or failure of the Service arising from any cause or causes beyond its control, including (without limitation) an act of God, act of government or regulatory authority, war, fire, flood, explosion, terrorism, riot or civil commotion, or non-availability, non-functioning or malfunctioning, computer viruses, interruption or disruption of utilities, internet service provider(s), or broadcast, telecommunications or other network systems, applications or services, electronic or mechanical defect, data failure or corruption, that may be attributable to the equipment used by the Customer to access the App.

11.Non-NBAD Customers
11.1

Without prejudice to the applicable laws, Non-NBAD Customers accepts that the Bank may disclose his personal information) to:
a. Professional advisors and service providers who are under a duty of confidentiality;
b. Any actual or potential participant or sub-participant in relation to any Bank’s rights and/or obligations under any agreement the Non-NBAD Customer has with the Bank, or any of our assignee or transferee (or any agent or adviser of any of the foregoing); and
c. Any court or tribunal or regulatory, supervisory, governmental or quasi-governmental authority with jurisdiction over the permitted parties.

11.2

The Non-NBAD Customer hereby authorises the Bank to request any information about the Non-NBAD Customer, his residence, address, or the residence address of any of his family members whether in the UAE, home country or any other country where the Non-NBAD Customer resides. The Non-NBAD Customer also allows the Bank to enquire about his telephone numbers and mailing address and request any information relating to him whether directly or through any of the Bank’s agents with reference to or prior permission from the Non-NBAD Customer.

12.Fingerprint
12.1 Fingerprint log in is only available to Customers using:
• Apple mobile device with Fingerprint recognition feature, operating on iOS 8 or newer systems, and with Mobile Banking Application registered. Fingerprint is a feature, designed and owned by Apple Inc. and it may not work if the mobile device contains applications not authorised by Apple Inc.; or
• Android mobile device with Fingerprint recognition feature, operating on Android 4.4 or newer systems, and with Mobile Banking Application registered. Fingerprint is a feature designed and owned by android. and it may not work if the mobile device contains applications not authorised by Google (“Compatible Mobile Device”)
12.2 The Customer must install and be a valid user of the Mobile Banking Application using a Compatible Mobile Device;
12.3 The Customer need to activate the Fingerprint sign-on feature on their Compatible Mobile Device using one of their Fingerprints to control access to the Compatible Mobile Device;
12.4 The Customer must ensure that only their Fingerprint is registered on the Compatible Mobile Device.
12.5 The Customer understands that upon the successful registration of their Compatible Mobile Device, any fingerprint that is stored on their Compatible Mobile Device can be used to access Mobile Banking Services including access to their accounts.
12.6 The Customer should ensure the security of the Security Codes that are used to register their Fingerprints on the Compatible Mobile Device and/or the Security Code of the Mobile Banking Application. The Customer should be responsible for any disclosure of Account information or any unauthorised payments made from their Accounts if any Compatible Mobile Device and/or Customer’s security details were not kept safe. The Customer should also be responsible for any disclosure of Account information or any unauthorised payments made from their Accounts if their Fingerprint is not the only Fingerprint registered on the Compatible Mobile Device and the Customer activated Fingerprint sign-on feature.
12.7 The Bank does not represent or warrant that Fingerprint login feature will always be available, function or inter-operate with any network infrastructure, system or such other services as the Bank may offer from time to time or that the Customer’s use of the Fingerprint login feature will be uninterrupted, timely, secure or free of any virus or error.
12.8 The Customer acknowledge and agree that the Bank shall not be liable for any losses, liabilities, costs, expenses, damages, claims, actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with:
•  any unauthorised access to Mobile Banking Application and/or use of their Compatible Mobile Device;
•  the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data transmitted or obtained through Customer’s use of the Fingerprint log in feature and/or the Mobile Banking Application.
•  any event the occurrence of which the Bank is not able to control or avoid by the use of reasonable diligence; and/or the suspension, termination or discontinuance of the Fingerprint log in feature and/or the Mobile Banking Application.
12.9 The Bank shall not be liable and the Customer agrees to indemnify the Bank and keep the Bank indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by the Bank in providing the Fingerprint log in feature and/or the Mobile Banking Application, whether or not arising from or in connection with and including but not limited to the following:
•  any improper or unauthorised use of the Fingerprint log in feature and/or the Mobile Banking Application by the Customer;
•  any act or omission by any relevant mobile or internet service provider;
•  any delay or failure in any transmission, dispatch or communication facilities; or
•  any access (or inability or delay in accessing) and/or use of the Fingerprint log in feature and/or the Mobile Banking Application.

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