Terms & Conditions

Terms and Conditions for MCB Islamic Bank Mobile and Internet Banking Facility/Services in Pakistan.

"NOTICE"

Please read the following Terms and Conditions carefully as access to and use of MCB Islamic Bank Mobile and Internet Banking Facility is subject to these Terms and Conditions. By accessing the official website or any webpage/ link associated thereof, the Customer unconditionally and irrevocably agrees to be bound by the Terms & Conditions. If the Customer does not agree with these Terms and Conditions please do not access MCB Islamic Bank Ltd. Internet Banking Website or any webpage/ link associated thereof.

"1. Definitions"

1.1 "Terms and Conditions/ Agreement" means these terms and conditions and as amended/ modified by MCB Islamic Bank from time to time which will be posted on this website.

1.2 "I/We/Us/Customer(s)" means the customer of MCB Islamic Bank accessing and/or using MCB Islamic Bank Mobile and Internet Banking Facilities/Services.

1.3 "MCB Islamic/Bank” means MCB Islamic Bank Limited, having its registered office at 59-T, Phase II, DHA, Lahore.

1.4 "MCB Islamic Bank Mobile and Internet Banking Facilities/Services" means MCB Islamic Bank Mobile and Internet Banking services available and provided on MCB Islamic Bank Site and the "Services" means the core banking services available through MCB Islamic Bank from time to time which enable the Customer to obtain information and /or to carry out certain banking transactions/services pertaining to the Account(s) through computer, telephone, personal digital assistant and /or electronic device linked to MCB Islamic Bank Mobile and Internet Banking.

1.5 "PIN" refers to the 4-digit number selected by the customer as per the procedure laid out in this Site.

1.6 "Password" refers to the 10 to 16 alphanumeric characters selected by the customer as per the procedure laid out in this site.

1.7 "Account (s)" means the saving account or current account and certificates of investments/deposits of the customer maintained with MCB Islamic Bank Limited or which may be opened in the future by the Customer.

1.8 "Statement of Account" means a period statement/written confirmation of MCB Islamic Bank in relation to an Account containing details of transactions conducted during the preceding six months period or any period as requested by the Customer.

1.9 "Site" means this MCB Islamic Bank Limited’s official website at www.mcbislamicbank.com as amended and modified from time to time by MCB Islamic Bank Limited.

"2. Customers’ Acceptance"

2.1 In consideration of MCB Islamic Bank Limited making available the Services through MCB Islamic Bank Mobile and Internet Banking Facilities/Services I acknowledge, accept and understand the following:

2.2 By accessing and/or using MCB Islamic Bank Mobile and Internet Banking Facilities/Services, I have accepted and agreed to be bound by the Terms and Conditions stated herein.

2.3 I hereby agree that any or all Account(s) as defined in definition of Account(s) above maintained by me with Bank shall be tagged/connected with MCB Islamic Bank Mobile & Internet Banking respectively. In this respect, I will be able to avail the Services against respective Account(s) via MCB Islamic Bank Mobile & Internet Banking.

2.4 I irrevocably and unconditionally accept as binding any service availed and/or transaction made or given through MCB Islamic Bank Mobile and Internet Banking Facilities/Services at my own risk and responsibility and MCB Islamic Bank records of any transaction processed through MCB Islamic Bank Mobile and Internet Banking Facilities/Services shall constitute binding and conclusive evidence of such transaction for all purposes.

2.5 I further acknowledge that any Services accessed or utilized through MCB Islamic Bank Mobile and Internet Banking Facilities/Services shall be subject to MCB Islamic Bank’s terms and conditions as applicable from time to time including but not any fees, expenses or charges relevant thereto which MCB Islamic Bank may directly debit from my Account (s).

"3. Customers Responsibilities for Security"

3.1 I will be responsible to keep confidential my Password/PIN generated by me by following the procedure outlined on this Site and the same will not be disclosed to any other person and I will safeguard it from being divulged and/or being used by any other person (s).

3.2 I will immediately inform MCB Islamic Bank Limited by calling on +92-42-111-222-642 if I discover or suspect that the Password/PIN or any part thereof is known to someone.

3.3 I will not allow any other person to operate MCB Islamic Bank Mobile and Internet Banking Facilities/Services on my behalf and I will not leave my computer unattended during the time when I am online. Neither will I access the MCB Islamic Bank Mobile and Internet Banking Facilities/Services from a computer connected to a local area network (LAN) without ensuring that no one else is able to observe or copy my access or obtain access to MCB Islamic Bank Mobile and Internet Banking Services.

3.4 I will be responsible to comply with any other measures and requirement, which MCB Islamic Bank may advise from time to time.

3.5 I hereby acknowledge that I shall utilize this facility at my own risk. These risks may include the following:

3.5.1 The Internet is susceptible to a number of frauds, misuse, hacking and other actions that could affect Payment Instructions to MCB Islamic Bank Limited. Whilst MCB Islamic Bank Limited 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 to MCB Islamic Bank Limited. I shall separately indemnify MCB Islamic Bank Limited against all risks arising out of the same.

3.5.2. The technology for enabling the transfer of funds and other services offered by MCB Islamic Bank Limited could be affected by virus or other malicious, destructive or corrupting code, program or macro. It may also be possible that the website of MCB Islamic Bank Limited may require maintenance and during such time it may not be able to process the request of the Customers. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inability.

3.5.3.I/We/the Customer understands that MCB Islamic Bank Limited disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by MCB Islamic Bank Limited to honour any Customer instruction 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.

"4. Accesses and Use of MCB Islamic Bank Internet Banking Facilities/Services"

4.1 I will only use the MCB Islamic Bank Mobile and Internet Banking Facilities/Services on a computer or other internet access device which I own or rent. MCB Islamic Bank Limited will not be responsible for any loss damage or harm caused to any person as a result of or by not complying with this condition.

4.2 MCB Islamic Bank will not be responsible if I am unable to gain access and /or use MCB Islamic Bank Mobile and Internet Banking Facilities/Services due to reasons beyond its control, including without limitation, any computer and telecommunication, electrical, technical or network failure/malfunction.

4.3 MCB Islamic Bank will on a best effort basis make available MCB Islamic Bank Mobile and Internet Banking Facilities/Services for use however I agree that the routine maintenance requirements excess demand on the system and reason beyond control of MCB Islamic Bank may cause disruptions in availability of this facility.

4.4 I agree that in relation to MCB Islamic Bank Mobile and Internet Banking Facilities/Services, by giving a notice to me MCB Islamic Bank will be entitled to:

4.4.1 Change the mode of operation:

4.4.2 Add or remove or otherwise change the Services/facilities provided under this Site.

4.4.3 Close down temporarily or permanently MCB Islamic Bank Mobile and Internet Banking Facilities/Services.

4.5 I will be responsible, at my own cost and expense, to ensure that my computer or any other device through which I access MCB Islamic Bank Mobile and Internet Banking Facilities/Services is compatible with the service system used by MCB Islamic Bank Limited. MCB Islamic Bank Limited will not be responsible for any loss, damage or harm arising due to non-compatibility between MCB Islamic Bank systems and the computer or other device from where I access MCB Islamic Bank Mobile and Internet Banking Facilities/Services.

4.6 I will be responsible to keep the computer or other devices to be used to access and use MCB Islamic Bank Mobile and Internet Banking Facilities/Services safe and free from any computer virus and any similar programs/software and ensure that they are adequately protected against acquiring computer virus.

4.7 I am aware and agree that internet communications are not secured unless the data is being sent in an encrypted form. I also agree that MCB Islamic Bank Limited will not be responsible for any unauthorized access and use by a third party and/or corruption of data being sent through the MCB Islamic Bank Mobile and Internet Banking Facilities/Services. Further, I will acquaint myself with the process/method of using the facility available on the Site and MCB Islamic Bank shall not be responsible for any errors made either by myself and /or other co-account holders.

4.8 MCB Islamic Bank Mobile and Internet Banking Facilities/Services is intended to be used by the Customer in Pakistan and in case I access and use MCB Islamic Bank Mobile and Internet Banking Facilities/Services from a foreign country or outside Pakistan I will be responsible to comply with laws and regulations of the same country/territory including without limitation obtaining any license required for use, import/export of the software/program used for MCB Islamic Bank Mobile and Internet Banking Facilities/Services to that country.

4.9 I will be responsible for all claims, actions, damages or losses incurred by my internet service provider in relation to my accessing and using MCB Islamic Bank Mobile and Internet Banking Facilities/Services.

"5. Customers Instructions for Services"

5.1 Any instructions given to MCB Islamic Bank through use of MCB Islamic Bank Mobile and Internet Banking Facilities/Services and by using my Password/PIN and the same instruction will be deemed to be given by me and MCB Islamic Bank shall be entitled to assume that the referred instructions are genuinely given by me and I will protect and indemnify MCB Islamic Bank Limited for acting on such instructions. MCB Islamic Bank Limited shall be entitled to act on my instructions without any further written or other confirmation from me, even if those instructions have not been actually given or authorized by me. I understand that MCB Islamic Bank Limited is only providing a facility (without obligation) of carrying out my transactions in relation to my Account(s).

5.2 I will be fully responsible for any instruction given to MCB Islamic Bank Limited in relation to the services available via the MCB Islamic Bank Mobile and Internet Banking Facilities/Services and MCB Islamic Bank will not be liable in any manner for any unauthorized fraudulent or erroneous instruction.

5.3 I agree that MCB Islamic Bank Limited may, in its sole discretion, refuses to carry out any instructions given in relation to the MCB Islamic Bank Mobile and Internet Banking Facilities/Services if it has reason(s) (in which the decision of MCB Islamic Bank will be final and binding on me) to believe that the instructions are not genuine or otherwise improper or unclear or raise a doubt or in case any instructions appear to be illegal/suspicious in any respect. I will check the Statements for all of my Accounts for any unauthorized transaction. In case of any discrepancy in details of any transactions carried out in respect of the Account, I will immediately inform MCB Islamic Bank Limited in writing within the designated time frame. Provided further that MCB Islamic Bank will not be responsible in any manner for such discrepancies, if it has reason to believe that such discrepancies resulted due to any reason not attributable to MCB Islamic Bank Limited. If I fail to notify within fifteen (15) days from the date of the Statement of Account and the transactions(s) will be considered correct and accepted by me.

5.4 I understand and agree that MCB Islamic Bank Limited in its sole discretion by notice, may withdraw or charge for the Services at time. MCB Islamic Bank Limited will not acknowledge receipt of any instructions given by me nor shall it be responsible to verify any instructions. MCB Islamic Bank will endeavour to give effect to instructions on a best effort basis.

5.5 I understand that no written advice or confirmation will be made and issued by MCB Islamic Bank Limited for any transactions conducted on the MCB Islamic Bank Mobile and Internet Banking Facilities/Services although such transaction will be recorded in the Statement of Account as issued by MCB Islamic Bank periodically to me on my request.

5.6 I agree that MCB Islamic Bank will not be liable in any manner for, including but not limited to the following:

5.6.1 Any failure to act upon any instructions or to provide the Services for any reason that is beyond MCB Islamic Bank’s control

5.6.2 Acting in good faith on any instructions received by MCB Islamic Bank

5.6.3 Any error default delay or inability to act on all or any of the instruction given through MCB Islamic Bank Mobile and Internet Banking Facilities/Services

5.6.4 Loss of any instructions given by me through MCB Islamic Bank Mobile and Internet Banking Facilities/Services

5.6.5 Unauthorized access by any other person to any instruction given by me through MCB Islamic Bank Mobile and Internet Banking Facilities/Services

5.6.6 For any loss or damage that may arise or be incurred directly or indirectly by reason of MCB Islamic Bank carrying out my instructions or failure of MCB Islamic Bank Mobile and Internet Banking Facilities/Services

5.6.7 For any change alteration additions or deletions to these Terms and Conditions the services the systems of operation of MCB Islamic Bank Mobile and Internet Banking Facilities/Services or the daily cut-of times.

5.6.8 For any partial incomplete, late or failed transfer or bill payment to any payee nominated under the MCB Islamic Bank Mobile and Internet Banking Facilities/Services due to reasons beyond MCB Islamic Bank’s control.

5.7 Any information given by me will be correct and MCB Islamic Bank Limited will be entitled without any obligation, to review or monitor such information for security, administration or any other purpose such information will be the property of MCB Islamic Bank.

5.8 Any instruction submitted through MCB Islamic Bank will not be affected and remains valid if operations of MCB Islamic Bank Mobile and Internet Banking Facilities/Services is suspended or comes to an end due to any reason.

"6. Execution of Instructions/Transactions"

6.1 Once instruction (s) given through MCB Islamic Bank Mobile and Internet Banking Facilities/Services, MCB Islamic Bank will be entitled to debit any amount along with the applicable charges/fees as applicable from time to time or the transactions from my Account(s) as instructed by me. The instructions given on MCB Islamic Bank Mobile and Internet Banking Facilities/Services cannot be reversed. MCB Islamic Bank will not be responsible for, including but not limited to the following:

6.1.1 To reverse an instruction given through MCB Islamic Bank Mobile and Internet Banking Facilities/Services:

6.1.2 To accept any instructions which are conditional or which require MCB Islamic Bank to make payment to a third party earlier (or later) than the time MCB Islamic Bank requires according to normal banking practice.

6.2 MCB Islamic Bank in its sole discretion will be entitled to refuse to carry out an instruction submitted through MCB Islamic Bank Mobile and Internet Banking Facilities/Services or may require myself to provide a written confirmation of such instructions.

6.3 MCB Islamic Bank will act on instructions in accordance with cut-off times as notified through MCB Islamic Bank Mobile and Internet Banking Facilities/Services or in absence of such notice as per the normal banking practice.

6.4 In the absence of special instructions, MCB Islamic Bank may convert all transfers to my Account(s) into the currency of the Account(s) at MCB Islamic Bank’s selling rate of the currency.

6.5 All transfers requested by me will be converted by the paying bank into local currency at its buying rate unless the payee has made special arrangement with the paying bank.

6.6 Withdrawals and/or transfer of funds will not be permitted against unlearned funds.

6.7 MCB Islamic Bank will not be liable for any act or omission of any corresponded or paying bank or for any error or delay in transaction. The Customer agrees to indemnify and hold MCB Islamic Bank harmless against such all losses, damages and expenses incurred by MCB Islamic Bank in relation to any demand drafts or other instruments issued by MCB Islamic Bank or any telegraph transfers or any other transaction made by MCB Islamic Bank on my instructions.

6.8 If the Cheques or demand drafts are lost, stolen or destroyed I will indemnify MCB Islamic Bank and agree to hold it free and harmless from all liability with respect to the lost, stolen or destroyed Cheques or drafts.

6.9 If the transfer authority is submitted through MCB Islamic Bank Mobile and Internet Banking Facilities/Services, MCB Islamic Bank may act upon such authority/instructions and may presume that the same are genuine and accurately represent the wishes of the Customer, even if the instructions are actually compiled or sent in error or by fraud or negligence or altered or amended by someone other than the Customer with or without the actual knowledge or instruction of the Customer. MCB Islamic Bank has no duty to verify the facts and genuineness of the instructions.

6.10 I agree to hold harmless and indemnify MCB Islamic Bank against any loss, costs, damages, expenses, liabilities or proceedings, which MCB Islamic Bank may incur or suffer as a result of MCB Islamic Bank acting upon or delaying to act upon or refraining from acting upon the said instructions.

6.11 On my request, MCB Islamic Bank may provide to other co-account holder(s) the MCB Islamic Bank Mobile and Internet Banking Facilities/Services if I have a joint Account(s) and in that case, we will be jointly and severely bound hereunder and responsible to comply with the Terms and Conditions and all liabilities and obligations arising due to access and use of the Site either by any one of us or by all co-account holders collectively.

We also agree that any instructions given by any of the signatories/co-account holders will be binding on all of us/Joint account holders and MCB Islamic Bank will not be responsible for any claim and dispute between us.

"Charges"

7.1 MCB Islamic Bank will be entitled to:

7.1.1 Charge fees and services for access and use of MCB Islamic Bank Internet Facilities/Services.

7.1.2 Charge applicable fees and service charges for carrying out transactions on MCB Islamic Bank Mobile and Internet Banking Facilities/Services such charges are notified in the schedule of charges issued by MCB Islamic Bank from time to time.

7.1.3 Debit the said fees from my Account(s)

"8. Liability for Loss or Damage"

8.1 Subject to the Terms and Conditions and without prejudice to the rights of MCB Islamic Bank here under MCB Islamic Bank will take reasonably practicable steps to ensure that its systems in connection with MCB Islamic Bank Internet Facilities/Services are adequately secure and to manage and control the risks in operating the systems, taking into account all laws, regulations, rules, circulars, codes of conduct and good practices prevailing in the banking industry as applicable from time to time.

8.2 MCB Islamic Bank will not be liable for any loss or damage of whatsoever nature, whether direct or indirect or consequential to me including my successors, executors and administration as result of making MCB Islamic Bank Mobile and Internet Banking Facilities/Services available to me and such loss or damage may include without limitation the following:

8.2.1 Acting on an instruction, which has been validly authenticated as submitted by me but which intact was given fraudulently by a third person/party

8.2.2 MCB Islamic Bank Internet Facilities/Services being totally or partly unavailable for any reason:

8.2.3 Execution of my instruction delayed or not being acted upon by MCB Islamic Bank.

8.2.4 My reliance on the information provided on MCB Islamic Bank Internet Facilities/Services.

8.2.5 Any access by a third party to information about my Account(s).

8.3 I will indemnify MCB Islamic Bank, its employees, agents, representatives and nominees on a full indemnify basis from and against all actions, claims, proceedings, demand losses damages, harms (including direct or consequential) costs, expense, charges taxes, penalties and legal costs and any other liabilities of whatsoever nature which MCB Islamic Bank may incur, suffer by reason of my accessing and/or using MCB Islamic Bank Internet.

I will pay MCB Islamic Bank Limited and /or the Affiliates such amount as may be determined to be sufficient to indemnify it against any such loss or expenses even though they may not have arisen or are contingent in nature.

I shall take all necessary precautions to ensure that there are no mistakes and errors and that the information given or instructed to MCB Islamic Bank Limited is error free, accurate, proper and complete at all points of time. On the other hand in the event of my Account (s) receiving an incorrect credit by reason of a mistake committed by some other Person, MCB Islamic Bank Limited shall be entitled to reverse the incorrect credit at any time whatsoever without my consent. I shall also be liable and responsible to MCB Islamic Bank Limited and accede to accept MCB Islamic Bank Limited's instructions without questions for any unfair or unjust gain obtained by me as a result of the same.

"9. Facilities/Services."

Use of information and Materials

9.1 I understand and agree that the information and materials contained in these Pages/Site and the terms, and Conditions and description that appear, are subject to change by MCB Islamic Bank, unauthorized use of the Site and/or other MCB Islamic Bank Ltd. web Sites and system including but not limited to unauthorized entry into MCB Islamic Bank systems, misuse of passwords or misuse of any information posted on the Site is strictly prohibited.

9.2 I agree that by making available MCB Islamic Bank Internet Facilities/Services to me, MCB Islamic Bank is granting me a non- exclusive, non-transferable, temporary license to use this Site and related software to use MCB Islamic Bank Internet Facilities/Services and this permission is restricted to authorize and legitimate access and use of MCB Islamic Bank Internet Facilities/Services. All materials and information and trade mark (s) name(s) given in this Site belongs to MCB Islamic Bank. In this regard I agree as follows:

9.2.1 Not to use this information/material except in connection with access and using MCB Islamic Bank Internet Facilities/Services.

9.2.2 Not to make/take copies sell, assign, commercially, rent sub-license otherwise transfer the same to any third persons:

9.2.3 Not attempt or decompose, reverse or tamper with the system/software related to MCB Islamic Bank Internet Facilities/Services.

"10. No Warranty"

10.1 The information and materials contained in this Site, including text, graphics, links, or other items are provided "as is". As it is on "As available" basis, MCB Islamic Bank does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials no warranty of any kind, implied, expressed or statutory including but not limited to the warranty of non- infringement web infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information.

"11. Limitation of liability"

11.1 In no event will MCB Islamic Bank be liable for any damages, including without limitation direct or indirect special, or consequential damages losses or expenses arising in connection with this Site or if any linked site or use of this or any linked site or inability to use by any party or in connection with any failure of performance error omission interruption, defect delay in operation or transaction computer virus or line of system failure even if MCB Islamic Bank or representative thereof are advice of the possibility of such damages, losses or expenses.

"12. Availability"

12.1 This Site is not intended for distribution to, or use by, any person or entity in any jurisdictions or country where such distribution or use would be contrary to local laws of regulations.

"13. Additional Terms"

13.1 These Terms and Conditions are in addition to the terms and conditions applicable to the accounts and services and other terms and conditions which govern the services and consumer banking facilities provided by MCB Islamic Bank. In the event of a conflict between these Terms and Conditions and other Term and conditions, these Terms and Conditions will prevail over other terms and conditions as dispute relates to internet banking facility as provided through MCB Islamic Bank Internet Facilities/Services.

"14. Miscellaneous"

14.1 If any of the provision of the Terms and Conditions stated herein is unenforceable and/or held invalid by any law, the other terms and conditions remain valid and will not affect its enforceability therefore.

14.2 Any waiver or relaxations given by MCB Islamic Bank will not be construed a waiver permanently and such waiver will not affect adversely the rights of MCB Islamic Bank under this/Agreement at any other time.

14.3 MCB Islamic Bank will have the right to change these Terms and Conditions at any time by giving a notice in such a manner as solely determined by MCB Islamic Bank.

"15. Governing Law"

15.1 These Terms & Conditions shall be governed by the laws of Pakistan. Both parties agree to submit to the jurisdiction of the Pakistani Courts in connection with any dispute.