TERMS AND
CONDITIONS FOR RETAIL INTERNET BANKING
Please read
the following Terms and Conditions carefully. Access to and use of the NBO NetB@nk is conditional on your acceptance of these Terms
and Conditions. By accessing this Site or any pages thereof, you agree to be
bound by these Terms and Conditions which may change from time to time at the
Banks absolute discretion. If you do not agree with these Terms and Conditions
you must immediately discontinue access to and use of this website and the
services contained therein. The customer should have legal access to the
Internet. The acceptance of the registration form and acknowledgement thereof
(on-line or off-line) does not automatically imply the acceptance of
application for NetB@nk. The Bank will advise from
time to time Internet software such as browsers, which are required to use the NetB@nk. There is no obligation on the Bank to support all
versions of these Internet software.
The Terms and Conditions for NBO NetB@nk
operate in conjunction with the Terms and Conditions applicable to all
Account(s) held by you with the Bank and which you access using this Service.
In order to signify your agreement
to the Terms and Conditions, please press the "I Agree" button. If you do not agree, press the "I
Disagree" button and you will automatically be taken back to the NBO NetB@nk home page.
1.
DEFINITIONS
In this
document the following words and phrases shall have the meanings as set below
unless the context indicates otherwise.
“Account(s)”
refers to the User’s bank account and/or Credit Card account and/or any other
type of account, maintained with the Bank or which may be opened in the future
by the, which are eligible for operations through the use of NetB@nk. One of these accounts will be designated as the
Primary Account and all other accounts (if any) of the User will be referred to
as Secondary Accounts.
“Account
Holder”
means a Customer of National Bank of Oman (SAOG) who holds accounts with the
Bank
“Agreement”
means these Terms and Conditions consented to by the Customer when applying for
the National Bank of Oman NetB@nk System
“ATM Card
number”
is the sixteen-digit number embossed on the Customer’s ATM Card
“ATM Pin
Code”
refers to the four-digit pin-code given to the Customer by the Bank for their
ATM Card. National Bank of Oman shall have the right, from time to time, to
change the ATM pin-code and/or issue any other password for the purpose of
identification to access NBO NetB@nk Online Banking
System
“Bank”
means the National Bank of Oman (SAOG) its successors, assignees, agents and
authorized representatives
“Business
Day”
means a day on which Banks in Oman are open, currently Saturday to Thursday
“Call
Centre”
means the call centre of National Bank of Oman with the responsibility of
Customer service
“Card
Statement of Account” means a periodic statement/written confirmation issued by
NBO in relation to an Account containing details of transactions during the
preceding month.
“Credit
Card number” is the sixteen-digit number embossed on the Customer’s
National Bank of Oman Credit Card
“NBO” means
National Bank of Oman (SAOG), P.O. Box 751, Postal Code 112, Ruwi, Oman.
“NBO NetB@nk System” means NBO’s internet banking
services available and provided on this Site
“Customer” means the
customer of NBO accessing and using the NBO NetB@nk
System.
“Cut-Off
Time”
means the payment cut-off time, after which any transactions will not be
processed and will instead be processed on the next Business Day
“Financial
Institution” means any other Bank within or outside of Oman
“Internet
Service” means the NBO NetB@nk service, which
comprises any banking service, provided through the medium of the Internet.
“Instruction” means any
request or Instruction regarding any Customer Accounts to NBO, which is effected
through the NBO NetB@nk Service
“Linked
Accounts” refers to the Primary Accounts and Secondary Accounts of the User
with the Bank.
“NetB@nk” or “NBO NetB@nk”
refers to the trade name of the Bank’s Internet Banking Service which provides
to the User through the internet, services such as enquiry of balances in his
Account/s, transfer of funds and other services as the Bank may decide to
provide from time to time to the User through NetB@nk.
“Online
Account”
means the Online Account provided for the Customer through which the Customer
may access information on their accounts and effect transactions
“Online
Banking Service” means this NBO NetB@nk System
“Party” means any
Party to this Agreement, and Parties shall mean both NBO and the Bank Customer
who holds an Online Account
“Password” means the
password provided to the Customer by the Bank pursuant to the Customers initial
signup to the NBO NetB@nk System. The password shall be used for all subsequent
access to the Customers Online Account and must be kept confidential at all
times
“Personal
Information” refers to the information provided by the User to the Bank
“OMR” means the Rial
Omani, the lawful currency for the Sultanate of Oman
“Service(s)” means
collectively the NBO NetB@nk Service offered
by NBO and singularly the banking services available through the NBO NetB@nk System from
time to time which enable the Customer to obtain account information and to
carry out certain banking transactions/services pertaining to the Customers Account(s)
“Site” means this
National Bank of Oman website www.nbo.co.om
as amended and modified from time to time by NBO whereupon the Customer can
access their Online Account
“SMS
Banking”
means the SMS Banking service offered by NBO whereby Customers are informed of
card and account activities
“Statement
of Account” means a periodic statement/written confirmation issued by
NBO in relation to an Account containing details of transactions conducted during
the preceding quarter
“Terms” means these
Terms and Conditions for use of the NetB@nk service
as specified in this document and as amended/modified by NBO from time to time
“User”
of NetB@nk shall mean a customer of the Bank
authorized to use NetB@nk. For minor accounts,
customer will be the guardian of the minor. In this document all references to
the “User” being referred in masculine gender shall be deemed to include
the feminine gender.
“Username” means the
username provided to the Customer by the Bank pursuant to the Customers initial
signup to the NBO NetB@nk System. The username shall be used for all subsequent
access to the Customers Online Account and must be kept confidential at all
times
“You” means the
Customer of NBO, an Account Holder who has accepted these Terms and Conditions
and wishes to make use of the NBO NetB@nk System
offered by NBO
The Bank
shall endeavor to provide to the User various services including but not
limited to inquiry of the balance in the Account/s, transaction details in the
Account/s, transfer of funds and other services as the Bank may decide to
provide from time to time. NetB@nk Service shall be
provided in a phased manner at the discretion of the Bank which reserves the
right to add, revise, suspend in whole or in part any of the services provided
under NetB@nk, without notice, and these shall be
binding on the User.
2.
CUSTOMER'S ACCEPTANCE
2.1 In
consideration of NBO making available the Services through the NBO NetB@nk Online Banking System, the Customer acknowledges,
accepts and understands the following:
a.
By accessing and/or using this Online Banking Service the
Customer accepts and agrees to be bound by the Terms and Conditions herein
stated;
b.
The Customer irrevocably and unconditionally accepts as
binding any Service availed of and/or transaction and/or instruction made or
given through the NBO NetB@nk Online Banking System;
c.
It is the Customers responsibility, and at their own risk,
to provide the Bank with correct account details of payment beneficiaries for
any transactions instructed by the Customer.
The Bank shall not be obliged to verify any details provided to it
pursuant to a Customer’s Instruction;
d.
NBO’s records of any transaction processed through the NBO NetB@nk Online Banking System shall constitute binding and
conclusive evidence of such transaction for all purposes; and
e.
The Customer further acknowledges that any Services accessed
or utilized through the NBO NetB@nk Online Banking
System shall be subject to NBO’s Terms and Conditions as applicable from time
to time, including but not limited to any fees, expenses or charges relevant
thereto which NBO shall directly debit from the Customers nominated Account(s)
without notice to the Customer.
2.2
The Customer acknowledges that NBO is granting the Customer
a non-exclusive, non-transferable, temporary license to use the NBO NetB@nk Online Banking System and this permission is
restricted to authorized legitimate use of the Service. All information, trademarks and names given
on this Site belong to NBO and the Customer agrees:
a.
Not to use this information except in connection with
accessing and using the NBO NetB@nk Online Banking
System;
b.
Not to make/take copies, sell, assign, commercially rent,
sub-license or otherwise transfer the same to any third person; and
c.
Not to attempt to decompose, reverse or tamper with the
system or software related to the NBO NetB@nk Online
Banking System.
3. ACCESS AND
USE OF THE NBO NETB@NK ONLINE BANKING SYSTEM
3.1.
For security reasons and to ensure controlled and genuine
access to and use of the NBO NetB@nk Online Banking
System the Customer must first provide NBO with the valid GSM number and email
address. You will not be use all the
functionalities of NBO NetB@nk
if you do not provide these details.
3.2.
Users must have at least one personal account with the Bank.
If the User has more than one personal account or other relationship with the
Bank, the Bank may "link" some or all of the accounts/relationships
together with the primary personal account. Accounts, which are
"linked" under the NetB@nk Service, will
have one common owner. Any non-linked account will not be accessible through
the NetB@nk Service. A personal account that requires
two or more signatures to make withdrawals, transfers or transactions may not
be designated as an eligible account. Eligible accounts include but are not
limited to the following personal account types: Current, Savings, Alamal, Consumer Loan (personal only) and Time Deposit
accounts. Accessibility of eligible accounts may vary based on the service(s)
that the User selects.
3.3.
The Customer should only use the NBO NetB@nk
Online Banking System on a computer or other Internet access device which they
own and must not access and use the Online Banking Service from a public computer.
3.4.
The Customer is responsible for ensuring that their computer
is compatible with the NBO NetB@nk Online Banking
System and has all necessary security software.
NBO will not be responsible for any loss, damage or harm arising due to
non-compatibility between NBO systems and the Customers computer or for the
Customers lack of security software that could result in any loss, damage or
harm to the Customer’s computer or Accounts.
3.5.
The Online Banking Service can be used to:
a.
Obtain the balance of any Customer Account, transfer funds
to and from Accounts, view Accounts, make standing order payments and update
personal details; and
b.
Make a payment transfer to any 3rd party account
held within the Bank, within Oman, and in any foreign country such as the
Customer shall instruct provided that the aggregate amount of such payments on
any day does not exceed the daily service limits as indicated in Clause 7 (Transaction
Limits).
3.6.
On the Customer’s request NBO may provide joint access to an
Online Account to joint account holders.
Under such circumstances all Online Account holders will be jointly and
severally bound hereunder and responsible for compliance with these Terms. Any instructions given by any joint Online
Account holder will be binding on all other joint Online Account holders and
NBO will not be responsible for any claim or dispute between the holders. The Customers further acknowledge that they
will be jointly and severally liable for all liabilities and obligations
arising due to all access and use of the Site by all Online Account holders
collectively.
3.7.
Online Banking Services are provided entirely at the risk of
the Customer who shall indemnify the Bank for all loss or damage, howsoever
caused, resulting from the use of any of the Services
4. SECURITY
4.1 To log-on to the NBO NetB@nk Online Banking System the Customer will be in a
‘secure’ session which will be indicated by the URL https://netbank.natbankoman.com In addition to this NBO use Secure Sockets Layer
(SSL) Encryption technology to encrypt Your personal information before it
leaves Your computer.
4.2 For the initial log-on process the
Customer is required to input their ATM Card number and ATM Pin Code, for every
subsequent log-on the Customer is required to input a unique and confidential
Username assigned to them by the Bank.
4.3 To log on initially to the NBO NetB@nk Online Banking System, when inputting the Customers
ATM Card number the Customer must also input their ATM Pin Code. Thereafter the Customer will be provided with
a Password for all future access to their Online Account.
4.4 For all log on attempts, the Password
will be input using a “soft keyboard” which ensures the security of the
Password.
4.5 The Customer is responsible for keeping
their ATM number and ATM Pin Code secure and strictly confidential at all
times.
4.6 The Customer is responsible for
keeping the Username and Password provided to them by the Bank secure and
strictly confidential at all times and must not disclose the Username and
Password to any other person, howsoever related to the Customer, at any time,
even on their behalf.
4.7 It is recommended that for safety
reasons the Customer change their password every 6 weeks.
4.8 The Customer must keep secure and take
steps to prevent unauthorized access and use of their Online Account Username
and Password. You must never write or
otherwise record the ATM card number, ATM Pin Code, Online Account Username or
Password in any way that can be understood or discovered by a 3rd
party; never record the Username and Password together; and never disclose any
of the above information to any 3rd party. The Customer should avoid all “secret
answers” or Passwords that may be obvious and easy to guess, such as birthdays,
telephone numbers etc.
4.9
For security reasons the Customer will only have 3 attempts
to input the correct Password to gain access to the Online Banking
Service. After the third incorrect
attempt the Customers Online Account will be blocked and You must call our Call
Centre to unblock the account.
4.10
The Bank will execute all Instructions given by an
apparently authorized and genuine Online Account holder. The Bank will not be responsible for the
Customers negligence of their access codes or for any subsequent loss on behalf
of the Customer due to such negligence.
4.11 Once logged on to their Online Account
the Customer must not leave their terminal unattended at any time and must not
let anyone else use it until they have properly logged off. The Customer is responsible for ensuring they
have logged off properly and they should not access their Online Account from a
public computer.
4.12 NBO may reset the Customer’s Username
and Password at any time upon notification in writing. The Customer may change their Password at anytime
through their Online Account.
4.13 The Customer is responsible for
complying with any other security measures and requirements, which NBO may
advise from time to time.
4.14 Subject to these Terms and without
prejudice to rights of NBO hereunder, NBO will take all reasonably practicable
steps to ensure that its systems in connection with NBO NetB@nk
Online Banking System are adequately secure and to manage and control the risks
in operating the systems, taking into account relevant laws regulations and
good practices prevailing in the banking industry as applicable from time to
time.
5. CUSTOMER’S
INSTRUCTIONS
5.1 Any instructions given to NBO through
use of the NBO NetB@nk Online Banking System by using
the Customer’s ATM Card number and Pin Code, Username and Password will be
deemed to be validly and legally given by the Customer and NBO will be entitled
to assume that the referred instructions are genuinely given by You and You
will protect NBO whilst acting on such instructions.
5.2 NBO will be entitled to act on
Customer Instructions without any further written or other confirmation from
You and will not acknowledge receipt of any instruction nor shall it be
responsible for verifying any Instructions.
5.3 NBO is only providing a facility
(without obligation) of carrying out Customer Instructions for transactions
relating to Account(s) held by the Customer.
5.4 NBO will endeavor to give effect to
Instructions on a best efforts basis.
5.5 The Customer is fully responsible for
any Instructions given to NBO and NBO will not be liable in any manner for any
unauthorized, fraudulent, or erroneous Instruction.
5.6 It is the Customer’s responsibility to
ensure that all details relating to the beneficiaries account are input
correctly. NBO is under no obligation to
verify these details and cannot be held liable for any funds transferred to an
incorrect beneficiary.
5.7 NBO may, at its sole discretion,
refuse to carry out any Instructions if NBO has reason (in which the decision
of NBO will be final and binding) to believe the instructions are illegal. The Customer must frequently and diligently
check all Statements of Accounts held by them to ensure there have been no
unauthorized or incorrect transactions. In case of any discrepancy in details
of any transactions carried out in respect of an Account, the Customer must
inform the Bank immediately in writing. NBO will not be responsible in any
manner if You fail to notify the Bank within fifteen (15) days, and in case the
Statement pertaining to the Credit Card within fourteen (14) days from the date
of the Statement of Account. Any failure
to inform the Bank of any discrepancies within these time limits will result in
the Bank considering that all transactions and Instructions are correct and
accepted by the Customer as transactions instructed by them.
5.8 No written advice or confirmation will
be made and issued by NBO for any transaction conducted on the NBO NetB@nk Online Banking System although such transactions
will be recorded in a Statement of Account as issued by NBO periodically or as
provided to You on Your request.
5.9 Any
instructions submitted through the NBO NetB@nk Online
Banking System will not be effected if operations of
the NBO NetB@nk Online Banking System are suspended
or come to an end due to any reason.
6. EXECUTION OF
INSTRUCTIONS
6.1 Any instructions given through the NBO
NetB@nk Online Banking System will be deemed to be
validly given by the Online Account holder and NBO shall not be required to
further verify this or the Instruction given.
6.2 NBO will debit any amount along with
the applicable charges/fees from time to time for the transactions from your
Account. The Instructions You give on the Online Banking Service cannot be
reversed without NBO’s approval. NBO will not be responsible for, including but
not limited to, the following:
a.
To reverse an instruction given through the NBO NetB@nk Online Banking System;
b.
To accept an instruction which is conditional or which
requires NBO to make payment to a third party earlier (or later) than the time
NBO requires according to normal banking practice.
6.3 NBO, if justified at its sole
discretion, will be entitled to refuse to carry out an Instruction submitted
through NBO NetB@nk Online Banking System or may
require You to provide a written confirmation of such instructions.
6.4 If an Instruction is given on a
Business Day but after the cut-off times as indicated in Clause 8 (Cut Off
Times), the Instruction will be processed on the next Business Day.
6.5 Instructions to make payments or
transfers between Accounts held within NBO will be effected immediately.
6.6 Instructions to transfer any currency
to an account held in a foreign country will be effected only during a Business
Day and before the cut off times in Oman. The application of funds will be
effected as per the working hours and the cut offs in the country of the
beneficiary account and the centre for the relevant currency.
6.7 NBO will act on Instructions in
accordance with cut-off times as notified though NBO NetB@nk
Online Banking System or, in absence of such notice, as per the normal banking
practices.
6.8 In the absence of special
Instructions, NBO may convert all transfers to Your Account into the currency
of the Account at NBO's selling rate of the currency.
6.9 All transfers requested by You will be
converted by the paying bank into local currency at its buying rate unless the
payee has made special arrangements with the paying bank.
6.10 Withdrawals and/or transfers of funds
will not be permitted against un-cleared funds.
6.11 If the transfer authority is submitted
through the NBO NetB@nk Online Banking System, NBO
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 Instructions of the Customer. NBO has no duty to verify the
facts and genuineness of the Instructions.
6.12 NBO may delay acting upon an Instruction
or ask for more information before acting on an Instruction
6.13 Where NBO has Instructions for more than
one payment from an Account on the same day, the Bank will determine the
priority in which the payments are made
7. TRANSACTION
LIMITS
The following are the daily transaction limits for all
transfers; payments etc., transactions that exceed these limits will not be
executed:
Maximum
aggregate daily limit per Customer for all transfers, payments etc. (including
internal, external, domestic and foreign): OMR 5,000
Maximum
daily limit per Customer for all internal transfers (including payments and
transfers between Customers own accounts as well as third party transfers): OMR 10,000
8. CUT OFF
TIMES
8.1 Executing Customer Instructions
regarding transactions within NBO will be undertaken immediately.
8.2 Executing Customers Instructions in
foreign currencies, outside of NBO or outside of Oman will only be undertaken
during the Business Day working hours.
Instructions given after working hours will only be executed on the next
Business Day.
9. TIME OUT
The Customer should not leave their terminal while logged on
to the Online Banking Service. For
security reasons and for the preservation of confidential information, if the
Customer leaves the logged on terminal for 15 minutes the system will
time out and the Customer will be locked out of the Online Banking
Service. To regain access to their
Online Account the customer must log on from the beginning and input their
Username and Password again.
10. CUSTOMER’S
OBLIGATIONS
In using the NBO NetB@nk Online
Banking System, the Customer has numerous responsibilities and obligations as a
condition to use of the Service. These
include but are not limited to:
a.
Responsibility for ensuring the computer or other devices
used to access the Online Banking Service are safe and free from any computer
virus and that they are adequately protected against encountering computer
viruses;
b.
The Customer hereby irrevocably and unconditionally accepts
responsibility and liability for any and all transactions arising from the use
of the Online Banking Service without limitation;
c.
It is the Customer’s responsibility to ensure that payment
beneficiary details are input correctly.
The Bank is under no obligation to verify these details and the Customer
will be solely liable for any misdirected funds due to their error;
d.
The Customer must check regularly their statements of all
transactions and statements of accounts and inform the Bank immediately of any
discrepancies;
e.
The Customer agrees not to interfere with or damage (or in
any way attempt to) any data, software or security associated with the Online
Banking Service;
f.
The Customer must ensure that there are sufficient funds in
their account for the Bank to carry out instructed transactions. If for any reason the relevant Account is
overdrawn the Instruction will not be carried out and any charges thereof will
be the responsibility of the Customer; and
g.
Failure by the Customer to comply with their responsibilities,
obligations and these Terms and Conditions entitles the Bank to terminate the
Customers Online Account and withdraw the Online Banking Service.
11. BANK’S
OBLIGATIONS
In providing the NBO NetB@nk
Online Banking System to Customers, the Bank has numerous responsibilities and
obligations. These include but are not
limited to:
a.
The Bank is hereby authorized to rely on and accept as
genuine and thus act upon all apparently valid Instructions, even if they
conflict with any other mandate given at any time concerning Your Account, or
if it is later proven that these Instructions were in fact not given by You;
b.
The Bank will debit from Your relevant Accounts all amounts
paid and incurred in accordance with any Instructions;
c.
The Bank may refuse to act on an Instruction;
d.
The Bank will make reasonable efforts to modify, not process
or delay processing any Instruction where the Customer so requests us to do
so. However the Bank shall not be liable
for any failure to comply with such a request unless it is due to our failure
to make reasonable efforts to do so;
e.
We may suspend any Service provided to you under the NBO NetB@nk Online Banking System without notice where we
consider it necessary or advisable to do so.
Such situations will include but not be limited to where there is
suspected breach of security and a need for maintenance of the System;
f.
The Bank will use reasonable efforts to inform you without
undue delay through the Online Banking Service and/or our website if any
service in the NBO NetB@nk Online Banking System is
unavailable;
12. GENERAL
12.1 Any information given by the Customer
will be deemed to be correct and NBO will be entitled, without any obligation,
to review or monitor such information for security, administration or any other
purposes. Such information will be the property of NBO.
12.2 A transaction being carried out is not
always simultaneous with an Instruction given.
Certain transactions may take more time to process and certain
Instructions will only be processed during the Business Day and during normal
working hours although the Online Banking Service is accessible at any time of
the day.
12.3 The Customer may be unable to obtain
full value under a demand draft or manager's check or pursuant to a telegraphic
transfer on account of exchange or other restrictions applicable in the country
of payment or to the paying bank or charges and fees of the paying bank.
13. CHARGES
13.1 NBO will be entitled to:
a.
Currently NBO do not charge a fee for the use of this Online
Banking Service, however, we may at our discretion charge a fee for this
Service, the cost and implementation of which shall be notified to you in
writing in advance;
b.
Charge applicable fees and service charges for carrying out
transactions on the NBO NetB@nk Online Banking
System, such charges to be notified to the Customer by NBO from time to time.
13.2 If the amounts of any such charges are
to be increased by NBO, we will notify Customers in advance. If the Customer continues to use the Online
Banking Service after notification of such charges they will be deemed to have
accepted such charges and to have authorized the Bank to debit such charges
from their Accounts.
13.3 Charges will be directly debited from
the Customers Accounts held with the Bank.
14. RECORDS AND
STATEMENTS
14.1
No printed advice or confirmation will be issued by the Bank
for any transaction instructed through the Online Banking Service.
14.2 Customer’s will be able to check their
statements and all records of transactions on the Online Banking Service.
Customer’s must check these statements and records regularly and advise the
Bank immediately of any discrepancies or disputes.
14.3 These online statements will be the
Banks and Customer’s records of all transactions and will be conclusive
evidence of the Customers Instructions and dealings in connection with the
Online Banking Service.
14.4 These records, as conclusive evidence of
all transactions, may be admitted as evidence in the event of any legal
proceedings.
15. LOST OR
STOLEN USERNAME AND PASSWORD
15.1 If the Customer suspects or discovers
that their Username and Password have become known by any 3rd party,
they must immediately inform NBO by calling the Call Centre on 800-77 0 77 /
+968-2477 00 00 who
will suspend the Customer’s Online Account.
15.2 Prior to notification to the Bank of a
lost or stolen Username and Password the Bank will not be liable for any
unauthorized transactions. Once the Bank has been notified of the lost or
stolen Username and Password and has had reasonable time to suspend the Online
Account the Customer will not be liable for any further unauthorized
transactions unless the Bank can show You have acted fraudulently.
15.3 The Customer agrees and acknowledges
that NBO may disclose information about You or Your Accounts to the police or
third parties if the Bank thinks it will help prevent or recover losses.
16. CUSTOMER’S
LIABILITY
16.1 The Customer is responsible for all
claims, actions, damages or losses incurred by Your internet service provider
in relation to You accessing and using NBO NetB@nk Online
Banking System.
16.2 The Customer is solely liable for the
payment of utility bills and for any subsequent late payments to third parties.
16.3 The Customer is solely liable for any
erroneous payments made to a third party as per Your erroneous instructions. It is the Customers responsibility to ensure
the beneficiary details are input correctly and the Customer is liable for all
costs and expenses incurred due to misdirected funds.
16.3 The Customer is responsible for all
losses (including the amount of any transaction carried out without their
authority) if the Customer has acted without reasonable care or fraudulently,
so as to facilitate unauthorized transactions.
For the purposes of this Clause 16 acting without reasonable care shall
be deemed to include failure to observe any of Your security duties referred to
in these Terms.
16.4 If the payment order or demand draft is
lost, stolen or destroyed, You shall indemnify NBO and agree to hold it free
and harmless from all liability with respect to the lost, stolen or destroyed cheque or draft.
17. BANK’S
LIABILITY
The Bank will take reasonable care to ensure that any
information provided to You through the Online Banking Service is an accurate
reflection of the information contained within our computer systems or, where
the information is provided by a third party, accurately reflects the
information we have received from them.
Due to the nature of this Online Banking Service product and
circumstances beyond our control, we do not warrant that the information
provided by the Online Banking Service is accurate or error free. Some of the information available through the
Online Banking Service (such as your Stock Wallet and Exchange Rates) are
subject to specific disclaimers as can be found on those specific pages. If you rely on any information provided on
this Site You do so at Your own risk, subject to these Terms, and subject to
the relevant specific disclaimers.
18. BANK’S
EXCLUDED LIABILITY
18.1 NBO will
not be responsible if You are unable to gain access to and/or use the Online
Banking Service due to reasons beyond its control, including without
limitation, any computer, and telecommunication, electrical, technical or
network failure/malfunction. The
internet service is provided by OmanTel and NBO will
not be responsible or liable for any failure of this service which affects
access to your Online Account.
18.2 The
Customer is aware of and agrees that internet communications are not secure
unless the data is being sent in an encrypted form; NBO will not be liable for
any corrupted data being sent through the NBO NetB@nk
Online Banking Service.
18.3 The
Customer should acquaint themselves with the process/method of services
available on the Site and NBO will not be responsible for any errors made by
You and/or other co-account holders.
18.4 NBO will
not be liable for any loss or damage of whatsoever nature, whether direct,
indirect or consequential, to the Customer as a result of making the NBO NetB@nk Online Banking System available and such loss or
damage may include without limitation the following:
a.
Acting on an Instruction which has been validly
authenticated as submitted by You but which in fact was given fraudulently or
mistakenly by a third person/party(ies);
b.
Any failure to act upon any Instructions or to provide the
Services for any reason that are beyond NBO’s control;
c.
Loss of any Instructions given by the Customer through the
NBO NetB@nk Online Banking System;
d.
The NBO NetB@nk Online Banking
System being totally or partly unavailable for any reason;
e.
Execution of Your Instruction being delayed or not being
acted upon by NBO;
f.
Any partial, incomplete, late or failed transfer or bill
payment to any nominated payee due to reasons beyond NBO’s control;
g.
Any failure, delay or other shortcoming by any 3rd
party with whom You have accounts or otherwise when they are executing our
Instructions to them howsoever caused;
h.
Your reliance on the information provided and available on
the NBO NetB@nk Online Banking System;
i.
Any access by a third party to information about my
Account(s) (except where the access is obtained due to gross negligence or
willful default of NBO and in such cases NBO will only be liable for direct
loss or damage to the Customer which in the ordinary course of events might
reasonably be expected to result from circumstances in question);
j.
Any change, alteration, additions or deletions to these
Terms and Conditions, the Services, the systems of operation of the NBO NetB@nk Online Banking System, or the daily cut- off times.
18.5 NBO shall not responsible or liable for
any erroneous payments to any third parties arising out of the Customer’s wrong
input of payment beneficiary information.
18.6 Due to the nature of the Online Banking
Service, NBO will not be responsible for any loss or damage to your data,
software, computer, telecommunications or other equipment caused by you using
the Online Banking Service.
18.7 In no event will NBO be liable for any
damages, including without limitation, direct or indirect, special, incidental
or consequential damages; losses or expenses arising in connection with this
Site or any linked Site and any use thereof (or inability to access and/or use)
by any party; or in connection with any failure of performance, error,
omission, interruption, defect, delay in operation or transmission, computer
virus or line or system failure.
18.8 NBO will not be subject to the
obligations of confidentiality regarding submitted information except as agreed
by NBO having the direct customer relationship or as otherwise specifically agreed
or required by law. Nothing contained herein shall be construed as limiting or
reducing NBO's responsibilities and obligations to the Customer in accordance
with the NBO Privacy Promise.
19. INDEMNITY
19.1 The Customer will indemnify NBO, its
employees, agents, representatives and nominees on a full indemnity basis from
and against all actions, claims, proceedings, demands, losses, damages, harms
(including direct, indirect or consequential) costs, expenses, charges, taxes,
penalties and legal costs and any other liabilities of whatsoever nature which
NBO may incur or suffer by reason of You accessing and/or using the NBO NetB@nk Online Banking System.
19.2 The Customer agrees to hold harmless and
indemnify NBO against any loss, cost, damage, expense, liability or proceedings
which the Bank may incur or suffer as a result of NBO acting upon, delaying to
act upon, or refraining from acting upon the said instructions.
19.3 NBO will not be liable for any act or
omission of any correspondent or paying bank or for any error or delay in
transmission. The Customer agrees to indemnify and hold NBO harmless against
all losses, damages and expenses incurred by NBO in relation to any demand
drafts or manager's checks issued by NBO or any telegraphic transfers made by NBO
on Your Instructions.
20. E-MESSAGING
20.1 The Facility for E-Messaging enables
Customers to send and receive secure messages between the Customer and the Bank
through the Online Banking Service.
20.2 The Bank will aim to respond to all
e-messages within 2 working days. If
this is not possible or we are not willing to answer Your query or comply with
Your request within this timescale or at all we will aim to inform You of this
within 2 working days.
20.3 The
Customer should not send the Bank messages:
a.
Relating to matters for which there is a specific
functionality available on the Online Banking Service (e.g. to make a payment);
b.
Which require immediate attention;
c.
Which are requests of a transactional nature;
d.
Reporting the loss or theft of cheques
and or credit or ATM cards;
e.
On behalf of any 3rd party or in relation to any
dealings with 3rd parties;
f.
Which are offensive, frivolous or other inappropriate;
If You do
so, the Bank may, at its absolute discretion, close Your Online Account and not
permit You to use the NBO NetB@nk Online Banking
System.
20.4 The Bank may send You messages
concerning any Accounts, products or services which You have with us, including
the Online Banking Service, or any other service related matters.
21. CALL CENTRE
21.1 The NBO has a Call Centre set up to
receive and deal with Customers calls and queries.
21.2 We may record telephone calls to the
Call Centre for transaction verifications, records, and quality control
training purposes.
22. UTILITY BILL
PAYMENTS
22.1 The Customer must input all information
required in the correct fields to effect utility bill payments.
22.2 It is the Customer’s responsibility to
ensure they have input the correct information in the correct fields, any
erroneous payments to utility companies arising out of incorrect information
input by the Customer will be the responsibility of the Customer and NBO shall
not be liable for this nor for any disruption in the service caused by the
error.
22.3 NBO shall not be responsible for any
delay by the Bank due to reasons beyond its control in onward transmission of
utility bill payment funds to the utility companies which may result in
disruption of the utility service.
22.4 The Customer confirms and agrees to
waive any right it may have for holding the Bank responsible for any mistake or
omission caused by the Online Banking Service and any delay by the Bank due to
reasons beyond its control in onward transmission of the funds to the utility
companies which may result in disruption of the utility payment transaction.
23. LINKS
23.1 This Site may contain links to web sites
controlled or offered by third parties (non-affiliates of NBO). NBO hereby
disclaims liability for, any information, materials, and products or services
posted or offered on any of the third party sites linked to this web site.
23.2 By creating a link to a third party web
site, NBO does not endorse or recommend any products or services offered or
information contained at that web site, nor is NBO liable for any failure of
products or services offered or advertised at those sites. Such third party may
have a privacy policy different from that of NBO and the third party website
may provide less security than the NBO NetB@nk Online
Banking System.
24. USE OF
INFORMATION AND MATERIALS
24.1
The Customer understands and agrees
that the information and materials contained in this Site, and these Terms are
subject to change by NBO from time to time and at its absolute discretion.
Unauthorized use of the Site and NBO NetB@nk Online
Banking System, including but not limited to unauthorized entry into NBO's
systems, misuse of passwords, or misuse of any information posted on the Site
is strictly prohibited.
24.2 All information submitted to NBO via
this Site shall be deemed to be and shall remain the property of NBO and NBO
will be free to use such information for any purpose, idea, concept, know-how
or technique contained in information a visitor to this site provides to NBO
through this site.
24.3 The information and materials contained
in this Site, including text, graphics, links or other items are provided on an
"as is", "as available" basis. NBO 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.
25. AVAILABILITY
25.1 NBO will,
on a best effort basis, make available the NBO NetB@nk
Online Banking System for use, however routine maintenance requirements, excess
demands on the system and reasons beyond the control of NBO may cause
disruptions in availability of this Service.
25.2 NBO will not liable to the Customer if
the Bank is unable to perform its obligations or provide any or all of the
Services available under this Agreement due (whether directly, indirectly or
consequently) to:
a.
The failure of any machine, data processing system or
transmission link; or
b.
Any period of essential maintenance, critical change,
repairs, alteration to or failure or computer systems.
26. TERMINATION
26.1 You may cease your use of the NBO NetB@nk Online Banking System at any time upon notice to
the Bank.
26.2 NBO may terminate your Online Account
under the NBO NetB@nk Online Banking System or may
terminate the service altogether at any time and at the discretion of the Bank.
26.3 Termination of the NBO NetB@nk Online Banking System and of this Agreement does
not affect any rights or liabilities of either Party accruing before
termination.
27. NO WARRANTY
The information and materials contained in this Site,
including text, graphics, links or other items are provided on an "as
is", "as available" basis. NBO does not warrant the accuracy,
adequacy or completeness of any information and materials contained herein and
expressly disclaims liability for errors or omissions. No warranty of any kind,
implied, expressed or statutory including but not limited to the warranties of
non-infringement of third party rights, title, merchantability, fitness for a
particular purpose and freedom from computer virus, is given in conjunction
with the information and materials.
28. ADDITIONAL
TERMS
These Terms and Conditions are in addition to the terms and
conditions applicable to the banking accounts and credit card terms and
conditions and other terms and conditions which govern the services and
consumer banking facilities provided by NBO. In the event of a conflict between
these Terms and Conditions and other terms and conditions, these Terms and
Condition will prevail as far as the issue or dispute relates to Online Banking
Service, in all other cases the other terms and conditions for your separate
and specific Accounts shall prevail.
29. MISCELLANEOUS
29.1 NBO reserves the right to refuse any
application for the Online Banking Service at its absolute discretion.
29.2 If any provision of this contract shall
become or shall be declared by any court of competent jurisdiction to be
invalid or unenforceable, such invalidity or unenforceability shall in no way
impair or affect any other provisions of this Agreement, all of which shall
remain in full force and effect.
29.3
Any waiver by NBO shall not be construed
as a permanent waiver and such waivers will not affect adversely the rights of
NBO under this Agreement at any other time.
29.4
You may cease your use of this
Online Banking Service at any time upon notice to NBO.
29.5 NBO may restrict or cease your use this
Online Banking Service at any time and for any reason upon giving you written
notice, howsoever delivered.
29.6 NBO may restrict or withdraw this Online
Banking Service from public use at any time and for any reason without written
notice to you.
29.7 The NBO NetB@nk
Online Banking System should be used in good faith and in accordance with these
Terms and Conditions.
29.8 The NBO NetB@nk
Online Banking System should not be abused and should be used to commit any
kind of fraud or illegality.
29.9 Any Instructions given by the Customer
through the NBO NetB@nk Online Banking System will
comply with these Terms in addition to existing terms for those specific
accounts from which the transactions originate.
In the event of any inconsistencies between the terms, these Terms will
apply.
29.10 NBO will have the right to modify these
Terms and Conditions, any information issued about the Online Banking Service,
and any site(s) or screens through which You access the Online Banking Service
from time to time at its absolute discretion.
Any amendments will be notified to the Customer in such a manner as
solely determined by NBO.
29.11 NBO trademarks/trade names of NBO and are
used and registered throughout the world. NBO and their subsidiaries also claim
rights in certain other trademarks and service marks contained in these web
pages and no third individual/party whether incorporated or un-incorporated
shall have any claim on the referred trade marks/names
or any intellectual property right of any nature.
29.12 The Customer agrees that in relation to
NBO NetB@nk Online Banking System NBO will be
entitled to:
a.
Change the mode of operation;
b.
Add or remove or otherwise change the Services/facilities
provided under this site; and
c.
Close down temporarily or permanently NBO NetB@nk Online Banking System.
29.13
NBO are entitled, at their absolute
discretion, to alter, amend or replace any or all procedure, form or level of
encryption to consistently maintain out Security and confidentiality Standards.
29.14 I understand and agree that all
obligations under these Terms and Conditions are the sole responsibility of NBO
and are only payable by NBO subject to laws of Oman and no other operation of
NBO outside Oman, affiliate, subsidiaries or associated undertaking of NBO/NBO
shall be responsible in any manner to me.
29.15 This Site is not intended for distribution
to, or use by, any person or entity in any jurisdiction or country where such
distribution or use would be contrary to local laws or regulations.
30. GOVERNING
LAW
These Terms and Conditions, access to the NBO NetB@nk Online Banking System and use of the Services
provided therein shall be governed by all applicable banking laws of the
Sultanate of Oman. Both parties to this
Agreement agree to submit to the non-exclusive jurisdiction of courts in
Oman. NBO reserves the right to pursue
its remedies outside of Oman in the courts of any other competent jurisdiction
considered appropriate.