National Bank of Kuwait (Lebanon) SAL

General Terms and Conditions relating to the financial and banking services by electronic means

First: The holder or holders of the account commits and takes note of the following:


  1. To use the personal password and the Matrix Card, maintain its confidentiality, forbid others from using it and keep the same, by informing the bank by virtue of a written letter sent during banking hours/days immediately after the loss of the password or the violation of its confidentiality or the loss of the Matrix Card. Thereby, the holder or holders of the account is responsible for all operations and expenses incurred until the date of receipt of the written letter mentioned above by the bank, exempting the latter from any liability arising from any review or theft of information conducted over the Internet, telephone or television or through any other method aiming at examining the accounts of the holder or holders of the accounts or conduct any banking transactions on the account. Therefore, the account’s holder or holders must hold the entire responsibility towards the bank and others for all the damages and losses resulting from the use or misuse of the password or the Matrix Card by third parties. The account’s holder or holders pledges to this end to compensate the bank for any loss or damage resulting therefrom.

  2. To adopt the browser that generates 128 encryptions (bit key). The account’s holder will be responsible for the use of each program with encryption that holds less than 128 bit keys.

  3. To log out the online banking Internet service page upon completion of the banking operations and not to leave these devices unattended. The account’s holder assumes all liability resulting from such violation.

  4. If the client logins the password incorrectly three times consecutively, the service is stopped temporarily, and the holder of the account must consult his branch to re-activate the service.

  5. The bank is not responsible for any losses incurred by the customer or third parties arising from inserting the wrong numbers of the accounts transferred to them by the customer or resulting from any transfer of any amount or any process from the client’s account to the account of any other customer by error through this service. The customer is solely responsible for such matter and the bank shall be exempt from any liability that may result, especially in terms of disclosure of bank secrecy, in particular, due to information or data sent by the bank to the client through the service.

  6. The client shall undertake not to exceed the maximum allowable daily limit of transfer within the available balance in the account in accordance with the bank’s instructions in this regard. Otherwise, the transfer request is considered as void and the bank does not bear any responsibility resulting from the failure to implement the transfer.

  7. In case the client requests a checkbook through the service, the bank has the right to approve or refuse to issue the same and the customer agrees in advance to the fees determined by the Bank at his expense, in the event of approval to issue the checkbook. The client shall refer to his branch to receive duly the checkbook.

  8. In case of joint account managed by a sole signature, all partners in the account must approve in writing the subscription to services. The partners are responsible in full and absolutely for all consequences arising from the use of the authorized partner for this service.

  9. In case of joint account managed by two signatures, all partners will be allowed to inquire about the balances and the statements of their accounts ... and to make transfers requests between two accounts if they meet the following conditions:

        -All partners in the account must approve in writing the subscription to services.

        -One of the partners will request the transfer from account to account(Issuer) and the other will authorize the request for transfer(Authorizer).

  10. If the account belongs to a company, the authorized partner is required to sign the subscription to the service and he is authorized to sign on the application to give passwords to some workers in the company in accordance with the powers conferred on him and on the full responsibility of the company, which undertakes to notify the bank in writing if one of its employees quits in order to cancel the password given to him. In the event the bank is not informed in writing, the company is responsible for all operations conducted by the employee and without the right to have recourse to the bank.PIN Mailer and Matrix Card will be delivered to the assigned person using the service.The assigned person’s signature will be checked against his signature on the application form

  11. .

Second: After the approval on the application to subscribe to the service, the bank grants the holder / holders of the account a user name as well as a sealed envelope containing the password. The password of the holder / holders of the account is a property of the bank and thus the bank is entitled at its discretion and without any warning or notification or any other formality to take back the right granted to the account’s holder and put an end to the latter’s enrollment in these programs.


Third: The bank is entitled to approve without any liability upon or to refuse the client’s request to subscribe to the service or stop his subscription subsequently without the need to explain the reason or to justify.


The bank may willingly, at any time, make any changes affecting the conditions of use of password or stop any of the services provided, including the banking operations, or any amendment to the terms and conditions of the Program of any electronic services. The holder/holders of the account is not entitled to make objections or claim any compensation or damages of any kind and from any other party whatsoever.


Fourth: The bank is not responsible for any damages caused by delays in the transmission of information or forced disruption or emergency cases such as electricity disruption, closing, strike, force majeure, act of nature, security conditions, Authority procedures, eavesdropping or any virus that could affect the Internet. Moreover, in the event of any virus, the holder or holders of the account shall commit not to use the banking Internet service and to take all measures and necessary precautions to never transfer the virus to the bank through the banking Internet network. Each violation of these provisions makes the holder or holders of the account fully responsible for damages caused to the bank.


The customer acknowledges that he is informed of the risks arising from the use of the Internet network, including its possible violation in any form by third parties and / or its illegal use. Therefore, he accepts those risks and bears all their consequences without any liability on the bank in this regard.


The customer acknowledges that the bank records and registers are conclusive and binding evidence for the client. The latter is not entitled to appeal or object, except for the material errors. The bank must receive a written objection in this regard within 15 days from the date of the error in question.


Fifth: The bank shall:


1- Inform the holder or holders of the account by e-mail or SMS immediately at login to ensure accessing NBK Online service.


2- Notify the holder or holders of the account through a monthly account statement details stating all banking operations carried out by them through the electronic services and in accordance with the principles of the Bank on the accounts set forth in this request or any request to open an account or other accounts belonging to the holder or holders account with the Bank.


The client is fully responsible in case he refuses receiving e-mail/SMS alerts or monthly statements as per Banque Du Liban Circulars.


Sixth:


All banking operations conducted by any of the electronic services to ensure the proper implementation of the instructions that are issued by the holder or the holders of the account are registered. These recordings are considered as final and conclusive proof to the banking operations they have implemented. The use of password is considered as a signature of the holder or holders of the account. Therefore, they recognize the veracity of the recordings, the bank’s books and accounts, which are conclusive evidences of the obligations arising from the use of any service of online services set forth in this request. They should not object in any way to their veracity and they should waive their right to submit any request related to the auditing of their books,bank’s accounts and recordings related to these obligations before any judicial authority.


Seventh:


1- The client must not access NBK Online using any computer or other device which he does not own. The client will not access and use NBK Online on a computer or device which belongs to any other person or which is owned and provided to him by his employer unless he has first obtained the owner’s permission to do so. If the client breaches this provision, he shall be liable to the Bank for any and all losses the Bank suffers as a result of such a breach.


2- The client must comply with any and all of the Bank’s usage requirements as they are designed to protect his security while using NBK Online.


Eight:


1- The client agrees that any payment or other request for service made via NBK Online which the Bank shall effect or purport to effect in compliance with any instructions shall be binding upon and shall be accepted by him as conclusive evidence of the Bank’s obligation to make such payment(s) or execute such instruction(s), whether or not it shall transpire that the instructions which gave rise to such payment or other instruction was in fact not given by the client or on his behalf.


2- The client assumes all risks involved in connection with any communications with the Bank through NBK Online and in particular (but without prejudice to the generality of the foregoing), risks due to errors in transmission or fraud on the part of the client or third parties, or misunderstandings or errors on the part of the Bank regarding the identity of the client, and the Bank is discharged from all responsibility in respect thereof and the client agrees: a/ to indemnify the Bank and keep the Bank indemnified against any and all losses, actions, proceedings, costs, claims and/or demands arising from or relating to the Bank’s reliance on any instructions. b/ to perform and ratify any contracts entered into by the Bank and/or to accept any action taken by the Bank in compliance with instructions.


3- Such assumption of risk, discharge, indemnity and agreement to perform and ratify shall extend to instructions given or purporting to be given by any attorneys now or hereafter duly appointed by the client and reported as such in writing to the Bank, and which instructions are reasonably believed by the Bank to have been given on behalf of the client.


4- It is the sole responsibility of the client to maintain sufficient funds in his account at the processing time of each transfer. If the funds in the account were not available to cover the transfer amount, the Bank will not execute the transfer. Whereby the client agrees that the Bank will not be held responsible for any delay or failure to execute a transfer or completion due to insufficient funds.


5- The client acknowledges the right of the Bank to refuse any orders or instructions issued by him (the client) in accordance with the Bank’s absolute estimate and without the need to give reasons for that refusal, and the client acknowledges that the Bank will not be liable for any loss, damage or opportunity losses of any kind may be incurred by the client due to the refusal of the Bank to implement any of the client’s orders or instructions.


6- The Bank will act based on the instructions given by the client using NBK Online, according to the information provided by him (without prejudice to the item 5 above). Hence, the Bank shall not bear any responsibility or liability for losses or costs incurred as a result of late receipt of payment or non-receipt by the beneficiary, including but not limited to the following: a/ If the instructions were beyond the transfer limits of the client b/ The inaccuracy of the beneficiary’s name or account number c/ Insufficient information contained in the request for transfer d/ Restrictions imposed on transfers by local and/or foreign authorities e/ A case of suspected money laundering and/or financing of terrorism f/ The existence of other causes beyond the control of the Bank


7- When the Bank receives a transaction instruction from the client through NBK Online, the Bank will be entitled to debit any payment plus any charges and fees payable for the transaction from the account the client has specified. Once the client has given an instruction through NBK Online, he will not be able to modify, cancel or reverse it.


8- The Bank will be under no obligation: a/ to reverse an instruction you have given; or
b/ to accept an instruction that is conditional or reversible or which requires the Bank to pay a third party sooner than it would be able to pay them following its normal banking practices.


9- The Bank may, at any time and its sole discretion: a/ Refuse to carry out an instruction given via NBK Online; or b/ Require written confirmation from you of a particular instruction.


10- When the client gives an instruction via NBK Online, the Bank will act on that instruction in accordance with the cut-offs times notified to you through NBK Online and;


11- Where instructions are received at any time other than the agreed cut-off time, the Bank may not act on the instruction until the next available business day.


12- From time to time the Bank may notify its clients of changes to these cut-off times.


13- The client must not use NBK Online to create an unauthorized overdraft or any of his eligible accounts maintained with the Bank and the Bank is entitled to refuse to accept any instruction that would do so. If an unauthorized overdraft is created, the Bank may take any action it deems fit and charge additional fees, costs, charges and overdraft interest to the account in question in accordance with the terms and conditions governing that account. The client agrees that: a/ It is his responsibility to make sure that no unauthorized overdrafts are created; and b/ He will not rely on the operation of NBK Online to prevent an unauthorized overdraft from being created; in particular, he must remember that his cheques might take time to clear and/or any payment instructions he has given via NBK Online might not always be immediately reflected in the balance on his account.


14- The client acknowledges that instructions that he has entered through NBK online prior to his receipt from the Bank of a confirmation that the instruction has been processed, will remain authorized by him and which the Bank may or may not execute at its sole discretion, and the client commits to indemnify the Bank from any damages or financial loss the Bank may suffer arising from or relating to any execution or inaction of such orders and instructions.


Ninth:


The Bank may in its sole discretion terminate the client access to or use of NBK Online for any reason, including without limitation, where the Bank believes that the client has not acted in accordance with these Terms and Conditions.


Tenth:


NBK Online may contain links to websites controlled or offered by third parties. The Bank hereby disclaims liability for any information, materials, products or services posted or offered at any third party site linked to NBK Online. By creating a link to a third party website, NBK Online does not endorse or recommend any products or services offered or information contained at that website, nor is NBK Online liable for any failure of products or services offered or advertised at those sites. You are aware that such third party sites may have a privacy policy different from that of NBK Online’s and that the third party website may provide a lower level of security than the NBK Online site.


Eleventh:


As a result of the client breaching any of these Terms and Conditions, he must compensate the Bank for any loss it suffers as a result of said breach.


Twelfth:


If any provision of these Terms and Conditions is held to be invalid or unenforceable under any application law or a court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall remain in full force and effect.


Thirteenth:


NBK Online and services related thereto may not be available in all geographic areas. The client’s eligibility to use NBK Online is subject to final determination by the Bank.


Fourteenth:


These Terms and Conditions shall be governed by and construed in accordance with the laws of Lebanon. The client agrees for the benefit of the Bank (and without prejudice to the right of the Bank to take any proceedings in relation hereto before any other court of competent jurisdiction) that the courts of Lebanon shall have jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes, which may arise out of or in connection with these Terms and Conditions or the client use of NBK Online and, for such purposes, irrevocably submits to the exclusive jurisdiction of such courts.


Fifteenth:


The main language of these Terms and Conditions is Arabic. If there are any inconsistencies between the Arabic and English texts, the Arabic text will prevail.


The Bank may modify the conditions above at any time, severally, without the need to notify the client to do so. Later, the client waives his right to receive any notifications or notices or objections about this service.


This annex is an integral and complementary part of the general contract to open the account. The terms of this Annex are taken into account regarding these services in the event of discrepancy between it and this contract.


I have read and fully understood the Terms and Conditions contained in this Internet Banking Application Form; I agree to be bound by the said Terms and Conditions; and I acknowledge that the Terms and Conditions may be amended from time to time by the Bank as stated herein.


I acknowledge that this service is governed by the circular 69 dealing with Electronic Banking and Financial Transactions issued by Banque Du Liban, in addition to any laws or regulations or other instructions issued by any regulatory authority regarding the mentioned laws.