to any terms & conditions posted on the Bank’s website,
the following terms and conditions shall apply to any banking services
provided by the Bank through its website from time to time (the
“Internet Banking Services”).
By applying for and/or using the Internet Banking Services, the
Customer acknowledges, understands, accepts and agrees to be bound
by the following terms and conditions as may be amended by the Bank
from time to time.
1) All fees,
expenses, costs or charges applicable to the Internet Banking Services
shall be for the account of the Customer and the Customer hereby
authorises the Bank to debit the same directly to the Customer’s
2) Any transaction and/or instruction made or given by the Customer
in connection with the Internet Banking Services shall be at the
Customer’s own risk and responsibility. The Bank’s records
of any transaction or instructions processed in connection with
the Internet Banking Services shall constitute binding and conclusive
evidence of such transaction or instruction for all purposes.
3) The Customer acknowledges that the Internet Banking Transactions
are made over or through the internet. The Customer further acknowledges
that the open and electronic nature of the internet may give rise
to viruses, errors, losses, damages and claims and agrees that such risks
shall be the sole responsibility of the Customer and undertakes
to indemnify and hold the Bank harmless against any and all such
losses, damages and claims.
4) The Bank shall provide the Customer after receiving the application
for the Internet Banking Services, with the User ID(s) and/or Password(s)
and/or Token(s), which must be used by the Customer to have access to the
Internet Banking Services. The Customer shall safeguard, protect
and maintain as secret and shall safeguard from disclosure and/or
use by any other person(s) the User ID(s), password or any other
authentication methods/devices, as the Bank may provide from time
to time, from being disclosed to any third parties or unauthorised
person.The Customer further agrees and undertakes that:
Bank is not required to make investigations regarding the identity
of the user gaining access to the Internet Banking Service other
than to verify that the Username(s), Password(s) and Token(s) are indeed
as registered in the Bank’s records;
b) The Customer will be liable for the usage of the Username(s),
Password(s) , Token(s) and any other authentication methods/devices
used to access the Internet Banking Service by authorised personnel,
unauthorised personnel or any other third parties; and
c) The Bank may rely on the authenticity of transaction conducted
by a user accessing the Internet Banking Service by use of the Username
and/or Password and/or Token. If the Bank has reason to doubt the
genuineness of any instruction or transaction, the Bank may,
at its discretion, choose not to process the instruction and/or
transaction initiated through the Internet Banking Service.
5) The Customer shall:
a) Inform in writing the removal of any individual, as user/authorised
signatories during the working hours of the bank and the bank shall take
two working days to remove the access of those users/authorised
signatories to access the system.
b) Be bound by the acts of such users/authorised signatories shall be
binding on the customer till such time, the bank removes
the name from the system as per the service standard set out.
c) Ensure that tokens are to be surrendered in case of removal
of the users/authorised signatories and apply for fresh tokens for
the new signatories.
d) With the user/authorised signatory ensure that credential for access
to the corporate internet banking of First Gulf Bank will be entered
in the site which has the VeriSign (or any other e-signature certified
public key designated by the bank from time to time) certified public key
of the bank; otherwise, the customer and the user/authorised signatory
shall be -jointly and severally-responsible for all consequences thereof.
6) The Customer must immediately notify the Bank, and later confirm
in writing, if the User ID(s) and/or Password(s) and/or Token(s)
have been lost, stolen or damaged. The Bank shall not be liable
for any losses and damages arising directly or indirectly as a result
of failure by the Customer to notify the Bank of such incident and
the Customer undertakes to indemnify and hold the Bank harmless
against any and all such losses, damages and claims.
7) The Bank may, and the Customer acknowledges that the Bank may
add banking products or services to the Internet Banking Service
or discontinue some of the banking products and services provided
through the Internet Banking Service as the Bank in its absolute
discretion deem appropriate or fit.
8) The Customer acknowledges that the any and all information provided
on the Bank’s website or through the Internet Banking Services
or for the use of the website or the Internet Banking Services (including
the User ID(s), Password(s) and Token(s)) remain the sole property
of the Bank. Accordingly, the Customer acknowledges and accepts
that the Bank may, in its absolute discretion, restrict or withdraw
the usage of the Internet Banking Services, the User ID(s), the
Password(s) and/or Token(s) and /or any other services, authentication
methods/devices that may have been provided by the Bank for the
purposes of using the Internet Banking Services.
9) The Customer acknowledges and accepts that certain of the services
available through the Internet Banking Services may require additional
processing within the Bank. Therefore, the Customer acknowledges and
accepts that it may take time to process the Customerís transactions
and/or instructions. The Bank shall not be liable for any loss, damage
or penalties imposed on the Customer or any other consequences
that may result due to any such delays.
10) The Customer shall be solely responsible for the accuracy and
correctness of all information and instructions provided or made
by the Customer through the Internet Banking Services. The Customer
acknowledges that the Bank is under no obligation to refer to the
Customer to verify any such information or instructions.
11) The Bank shall be entitled to consider any and all information
and/or instructions received from the Customer through the Internet
banking Services as complete and final and the Customer acknowledges
and accepts that the Bank shall be under no obligation to accept
any amendments or cancellations to such information and/or instructions.
12) The Customer acknowledges that the availability of the Internet
Banking Services depends on the availability of services provided
by other third party service providers. Accordingly, the Bank shall
not in any way or form be responsible if the Customer is unable
to access and/or utilize the Internet Banking Services due to any
reason beyond the Bank’s control including, but not limited
to, any technical, communication or network malfunction or breakdown.
13) In relation to remittance services provided through the Internet
Banking Services, the Bank shall not be liable for failure to effect
such remittance instructions due to lack of sufficient available
funds in the Customer’s account(s), errors in beneficiary
details, failure to identify the beneficiary or delay in payment
to the beneficiary at the receiving destination.
14) In relation to bill payment services, the Bank shall not be
liable for any loss, damage or penalties imposed on the Customer
or any other consequences that may arise from partial, incomplete,
late or failed transfer to any payee nominated under the Internet
banking Services due to reasons beyond the Bank’s control.
15) The Bank shall not be liable for any loss or damage that may
arise or be incurred directly or indirectly by reason of the Bank’s
carrying out or failure to carry out the Customer’s transactions
or instructions due to any malfunction or failure of the Internet
16) The Bank will not be liable to the Customer if the Bank is unable
to perform its obligations under these Terms & Conditions due
(whether direct or indirectly) to:
a) The failure
of any machine, computer, data processing system or transmission link
unless caused by the negligence or wilful default of the Bank; or
b) Any period of essential maintenance, critical change, repairs, alteration
to computer systems (notified in advance to the Customer); or
c) Any industrial disputes or anything else outside the Bank’s control
or that of its agents or sub-contractors.
17) The Customer irrevocably and unconditionally authorises the
Bank to access the Customer’s Account(s) for effecting banking
and/or other transactions performed by the Bank through the Internet
banking Services or otherwise for providing the Customer with any
information sought by the Customer through access to the Internet
18) The Customer hereby agrees that under no circumstances shall the
Bank be liable for any damages whatsoever whether such damages are
direct, indirect, incidental consequential and irrespective of whether
any claim is based on loss of revenue, interruption of business or any
loss of any character or nature whatsoever and whether sustained by the
Customer or by any other person. Illegal or improper use of the
Internet Banking Services shall render the Customer liable for payment
of financial charges as decided by the Bank from time to time, or will
result in suspension of the operations through the Internet Banking Services.
19) The Customer agrees that any use by the Customer of the Internet
Banking Service shall constitute acceptance of these Terms & Conditions.
a) By serving
a notice to the other party, the Customer and the Bank shall have the
right at any time to cancel the Internet Banking and thus terminate
these Terms & Conditions.
b) The Bank at its own discretion can withdraw the usage of the
Internet Banking at any time.
c) Notwithstanding to the above, these Terms & Conditions
shall be automatically terminated, and thus the Internet Banking
shall immediately be cancelled upon the occurrence of the following events:
20.c.1. The Customer closes the account(s).
20.c.2. The Customer becomes insolvent or
is generally unable to repay debts
as they become due or initiates proceedings to obtain the benefit of any bankruptcy;
20.c.3. The Customer is unable to or ceases
for any reason to carry on business.
21) It is understood that any rights and remedy provided to the Bank pursuant
to these Terms & Conditions shall survive any termination to these Terms & Conditions.
22) The Customer may not assign his/her/its rights or obligations under these
Terms & Conditions without the prior written consent of the Bank.
23) The Customer undertakes and warrants to comply with all applicable laws,
rules, regulations and disclosures as required by the anti money laundering laws
and regulations of the United Arab Emirates and to any anti money laundering
monitoring and procedures prescribed by the Bank from time to time.
24) The laws of Emirates of Abu Dhabi and the federal laws of United Arab Emirates
shall govern all matters arising out of or in connection herewith.
Any dispute arising out of or in connection with this Terms & Conditions
shall be submitted to the non-exclusive jurisdiction of the civil courts of Abu Dhabi.