In this document the following words and phrases shall have the meanings as set below unless the context indicates otherwise:
"Account (s)" means the Customer's UBL Omni Account, so maintained with United Bank Limited ("UBL") which are eligible Account(s) for operations through the use of Mobile App.
"Account Information" means information pertaining to the Account(s) maintained by the Customer with UBL.
"Affiliate" means parent, subsidiary or affiliated entities.
"Alerts"means the Account Information provided by UBL to the Customer through the Customer's email address or mobile phone number (based on SMS) (as per the records of UBL by the Customer) generated and sent to the Customer by UBL at the specific request of the Customer which request shall be made by the Customer using the Internet Banking Services of UBL.
"UBL" refers to United Bank Limited.
"Customer" means the UBL Omni Account holders authorized to use Mobile App. In case of the Customer being a minor, the guardian of such minor shall be permitted to use Mobile App.
"Mobile App" means the UBL Omni Mobile App Service offered by UBL to the Customers.
"Mobile App service" " means a service that is one of the fastest and the most convenient way to access UBL Omni Accounts from a device that has WIFI or GPRS service enabled. Customers can view balances, transfer funds, pay their bills online and other services as UBL may provide from time to time. The availability/non-availability of a particular service shall be at the sole discretion of UBL and without prior notice to the Customer.
"Personal Information" means the information provided by the Customer to UBL.
"SMS" means short message service which includes the storage, routing and delivery of alphanumeric messages over GSM telecommunications system.
"Terms" means these terms and conditions herein including any amendments made from time to time and any and all annexure, schedules, exhibits, appendices attached to it or incorporated by reference for use of the Mobile App Service.
"Payment Instruction" shall mean any and all instructions given by the Customer to debit funds for any purpose via the Mobile App. These may include but are not limited to bill payments, purchasing vouchers or mobile top-up, transferring funds from Omni account to another Omni/Branch account “UBL Omni" means UBL may in its sole, absolute and exclusive discretion confine this facility only to certain permitted Customers or may extend it from time to time to be generally available to all Customers. In this document all references to the Customer being referred in masculine gender shall be deemed to include the feminine gender.
These Terms form the contract between the Customer and UBL for use of the UBL Omni Mobile App. The Customer shall download the Mobile App from UBL website to use the UBL Omni Mobile App. UBL shall be entitled at its sole discretion to accept or reject such downloads from non-registered mobile numbers. By applying for use of the UBL Omni Mobile App for the first time, the Customer acknowledges and accepts these Terms. These Terms and conditions are in addition to those which are agreed to by the Customer along with the account opening form.
The Mobile App application can only be used by registered device that has WIFI or GPRS service enabled.
The Customer shall be assigned a secret password by UBL; the registered mobile number will be the Login ID and the Customer will be required to change the password on a frequent basis. To verify and confirm the financial transaction, the Customer shall also be provided with a secure static/dynamic transaction PIN.
UBL Omni Mobile App application can only be accessed on the latest registered Device. The Customer understands and acknowledges that UBL shall not be responsible for any consequences arising out of download of the Mobile App application by the Customer from any third party application store which is not published by UBL.
The Customer irrevocably and unconditionally undertakes to ensure that the password is kept strictly confidential and to not let any person have access to the mobile device while the Customer is accessing the Mobile App.
If the Customer forgets the Mobile App Log In password, he/she may request for the re issuance of a new password through the Mobile App.
The Customer agrees and acknowledges that UBL shall in no way be held responsible or liable if the Customer incurs any loss, expenses, costs, damages, claims (including claims from any third party) as a result of use of the Mobile App log by the Customer nor shall UBL be liable for information being disclosed by UBL regarding his Account(s) as provided and required to be disclosed by law or disclosed to any party with the Customer’s consent pursuant to the access of the Mobile App and the Customer shall fully indemnify and hold UBL harmless in respect of the above.
The Customer shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake.
The Customer accepts and undertakes that it is the Customer’s responsibility to ensure that the security of the Customer’s mobile device and details of beneficiaries or transactions or any other relevant information registered by the Customer are not compromised. The Customer undertakes not to hold UBL liable or responsible for any loss or damage that may be suffered by the Customer due to transactions through the Mobile App and shall keep UBL indemnified against all such losses or damages.
The Customer shall take all necessary precautions to prevent unauthorized and illegal use of Mobile App and unauthorized access to the Account passwords and registered mobile device while the Customer is accessing Mobile App.
The Customer shall ensure that there are sufficient funds at all material times in the Account for transactions to take effect through the Mobile App, and UBL shall not be liable for any consequences arising out of the Customer’s failure to ensure adequacy of funds
The Customer shall not use or attempt to use the Mobile App for funds transfer without sufficient funds in the relevant Account.
UBL shall use its best efforts to effect funds transfer transaction received through Mobile App subject to availability of sufficient funds in the Account and operative circulars or directives issued by the State Bank of Pakistan as amended from time to time. UBL shall specify from time to time the limit for carrying out various kinds of funds transfer, withdraw cash or bill payments through Mobile App. The said facility will be provided in accordance with the arrangement between UBL and the Customers and as per conditions specified by UBL from time to time. UBL shall not be liable or responsible in any manner whatsoever for any omission to make all or any of the payments or for late payments for whatsoever cause howsoever arising.
UBL shall not be liable in contract, tort or otherwise for any direct, indirect or consequential loss or damage sustained by the Customer by any direct or indirect use of or reliance on all instructions including the Payment Instructions or transactions whether with or without the utilization of any security measures, including but not limited to any loss or damage resulting as a consequence of any defects, delays, duplications, interruptions, errors, inaccuracies or failures in the use of the various communications and that UBL specifically excludes the same to the fullest extent permitted by law even if UBL shall have been advised in advance of the possibility of such damages.
The Customer is responsible for the correctness of information supplied to UBL for use of the Mobile App. UBL accepts no liability for any consequences whether arising out of erroneous information or the accuracy, reliability or completeness of information supplied by the Customer or otherwise.
If the Customer notices an error in the information supplied to UBL in any communication, he shall immediately advise UBL in writing so as to allow UBL the ability to correct the error wherever possible on a "reasonable efforts" basis.
UBL shall have the discretion not to give effect to any Payment Instructions given by the Customer by using the Mobile App in the event UBL has reason to believe that the Payment Instructions are not genuine or otherwise or unclear or raise a doubt or in case any Payment Instructions cannot be put into effect for any reason whatsoever. The Customer accepts and acknowledges that the discretion of UBL in this regard shall be final and binding on the Customer.
All instructions for operating Mobile App shall be given through the Internet by the Customer in the manner indicated by UBL.
The Customer shall be solely responsible for the accuracy and authenticity of the Payment Instruction provided to UBL and/or the Affiliates and the same shall be considered to be sufficient to operate / use the Mobile App.
UBL shall not be required to independently verify the Payment Instruction; an instruction is effective unless countermanded by further instructions. UBL shall have no liability if it does not or is unable to stop or prevent the implementation of any instruction.
Where UBL considers the instructions to be inconsistent or contradictory it may seek clarification from the Customer before acting on any instruction of the Customer or act upon any such instruction as it deems fit.
UBL may refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction and have the right to suspend the operations through the Mobile App if it has reason to believe that the Customer's instructions will lead or expose to direct or indirect loss or may require an indemnity from the Customer before continuing to operate / use the Mobile App.
In pursuit to comply with applicable laws and regulations UBL may intercept and investigate any payment messages and other information or communications sent to or by the Customer or on the Customer’s behalf through other bank. This process may involve making future inquiries.
The Customer shall be free to give Payment Instruction for transfer of funds for such purpose as he/she shall deem fit. The Customer however agrees not to use or permit the Payment Instruction or any related services for any illegal or improper purposes.
He has full right, power and/or authority to access and avail the services obtained and the goods purchased and shall observe and comply with all applicable laws and regulations in each jurisdiction in applicable territories.
He shall provide UBL such information and/or assistance as is required by UBL for the performance of the services and/or any other obligations of UBL under these Terms.
He shall not at any time provide to any person, with any details of the accounts held by him with UBL including, the passwords, account number and PIN which may be assigned to him by UBL from time to time.
He shall have access to and use the Mobile App from a secure mobile device and that any compromise of the Customer Account resulting from an attempt to access it from an unsecure / compromised device, will be the sole responsibility of the Customer.
The Customer hereby acknowledges that he utilizes this facility at his own risk. These risks may include the following:
The Customer acknowledges that in case any third person obtains access to the Account, relevant information and the registered device, such third person would be able to instruct fund transfers and provide Payment Instructions.
The Internet is susceptible to a number of frauds, misuse, hacking and other actions that could affect Payment Instructions to UBL. Whilst UBL 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 UBL. The Customer separately indemnifies UBL against all risks arising out of the same.
The transfer of funds to third party accounts shall require proper, accurate and complete details. The Customer shall be required to fill in the account number of the person to whom the funds are to be transferred. In the event of any inaccuracy in this regard, the funds may be transferred to incorrect accounts. In such an event UBL shall not be liable for any loss or damage caused.
The transaction(s) for transfer of funds as per Customer's instruction may not be completed for some reasons. In such cases, the Customer shall not hold UBL responsible in any manner whatsoever in the said transaction(s) and contracts and the Customer's sole recourse in this regard shall be with the beneficiary of the transaction.
The technology for enabling the transfer of funds and other services offered by UBL could be affected by virus or other malicious, destructive or corrupting code, program or macro. It may also be possible that the system may require maintenance and during such time it may not be able to process the request of the Customer. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inability.
The Customer understands that UBL 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 UBL to honor any Customer instruction for whatsoever reason. The Customer understands and accepts that UBL shall not be responsible for any of the aforesaid risks and UBL shall disclaim all liability in respect of the said risks.
The Customer irrevocably and unconditionally authorizes UBL to access his Account(s) for effecting banking or other transactions performed by the Customer through the Mobile App. The right to access shall also include the right at UBL's sole discretion to consolidate or merge any accounts of the Customer with UBL and the right to set off any amounts owing to UBL without prior notice.
The instructions of the Customer shall be effected only after authentication of the Customer in accordance with the prescribed procedure for Mobile App. UBL shall have no obligation to verify the authenticity of any transaction received from the Customer other than by Login/Password and PIN code.
The email/SMS confirmation, if any that is received by the Customer at the time of operation of the Mobile App shall be accepted as conclusive and binding for all purpose.
All the records of UBL generated by the transactions arising out of the use of the Mobile App, including the time the transaction is recorded shall be conclusive proof of the genuineness and accuracy of the transaction.
While UBL and the Affiliates shall endeavor to carry out the instructions promptly, they shall not be responsible for any delay in carrying out the instructions due to any reason whatsoever, including due to failure of operational systems or any requirement of law.
Neither UBL nor the Affiliates shall be liable for any unauthorized transactions occurring through the Mobile App and the Customer hereby fully indemnifies and holds UBL and the Affiliates harmless against any action, suit, proceeding initiated against UBL and the Affiliates or any loss, cost or damage incurred, suffered, sustained or required to be paid by UBL and the Affiliates as a result thereof.
UBL shall under no circumstances be held liable to the Customer if the Mobile App is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of UBL. Under no circumstances shall UBL 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 Mobile App shall render the Customer solely liable for payment of financial charges as decided by UBL or will result in suspension of the operations through the Mobile App.
The Customer undertakes to comply with all applicable laws and regulations governing the Account(s) of the Customer. For the avoidance of doubt, the governing law is the substantive and procedural laws of the Islamic Republic of Pakistan.
The Customer may use the Mobile App to direct UBL to provide him with Account information through email or SMS from time to time to be sent directly to his registered email address or mobile number (which will be identified to UBL by the Customer). The format and extent of information to be provided by way of alerts to the Customer shall be determined by UBL. The frequency of the alerts to be provided to the Customer will be determined by the Customer in accordance with the options provided by UBL. UBL shall under no circumstances whatsoever, be held responsible or liable by the Customer for any delay in delivery of the alerts nor the inaccuracy of the information contained in such alerts sent to the Customer by UBL. UBL shall not be liable for the incorrect delivery of, nor for its inability to deliver the alerts altogether.
The Customer shall be clearly notified of the charges through schedule of charges as amended from time to time of UBL or through information posted on the UBL website or through emails sent to the Customer’s registered email address with UBL.
The Customer hereby authorizes UBL to recover the service charges by debiting one of the Accounts of the Customer or by sending a bill to the Customer who will be liable to make the payment within the specified period. Failure to do so shall result in recovery of the service charges by UBL in a manner as UBL may deem fit.
UBL and the Customer agree that if the Customer opens further Accounts with UBL and/or subscribes to any of the products/services of UBL or any of the Affiliates, and UBL extends the Mobile App to such Accounts or products or services and the Customer opts for use thereof, then these Terms shall automatically apply to such further use of the Mobile App services by the Customer.
In consideration of UBL providing the use of the Mobile App to the Customer, the Customer hereby irrevocably agrees to indemnify and keep UBL and/or the Affiliates, officers, employees, agents, subsidiaries and representatives indemnified, at all times hereafter, from and against all losses, damages, costs, legal fees, charges, claims, proceedings and expenses and consequences whatsoever, suffered or incurred by UBL on account of any claims, actions, suits or otherwise instituted by the Customer, or any third party whatsoever, arising out of or in connection with the use of the Mobile App and any and all transactions initiated by the use of the Mobile App, whether with or without the knowledge of the Customer, or whether the same have been initiated bona fide or otherwise which transactions, the Customer hereby acknowledges, UBL has processed on the instructions and authority of the Customer in accordance with these Terms and other applicable conditions, as the case may be. The Customer further agrees and confirms that this indemnity shall remain valid and subsisting and binding upon the Customer notwithstanding withdrawal, either partially or in totality, of the use of the Mobile App
The Customer shall take all necessary precautions to ensure that there are no mistakes and errors and that the information given or instructed to UBL is error free, accurate, proper and complete at all points of time. The Customer shall be liable and responsible to UBL and accede to accept UBL's instructions without questions for any unfair or unjust gain obtained by the Customer as a result of the same.
The Customer agrees that UBL and/or the Affiliates may hold and process his the Customer’s personal information and all other information concerning the Customer’s Account(s) on computer or otherwise in connection with the internet banking service as well as for analysis, credit scoring and marketing pursuant to being instructed by the Customer in prior writing and as provided under applicable law.
The Customer also agrees that UBL may disclose, subject to applicable law and in strict confidence, to other institutions, such personal information as may be reasonably necessary for reasons inclusive of but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for credit rating by recognized credit scoring agencies, for fraud prevention purposes.
UBL shall have absolute discretion to amend or supplement or delete any of the Terms at any time and will endeavor to give prior notice of thirty days for such changes. Such change to the Terms shall be communicated to the Customer through its website or through email sent to the Customer’s registered email address. By continuing to use any existing or new services as may be introduced by UBL, the Customer shall be deemed to have accepted the changed Terms.
UBL may publish notices of general nature, which are applicable to all Customers in newspapers or on its web site or through emails sent to the Customer’s registered email address. Such notices will have the same effect as a notice served individually to each Customer.
All costs incurred by the Customer including telecommunication costs to use the internet banking service would be borne by the Customer. In case of any dispute regarding these terms and conditions, matter would be referred to SBP and decision of SBP will be final and binding in this case.
UBL shall be entitled to sell, assign or transfer UBL's right and obligations under the Terms and any security in favor of UBL (including all guarantee/s) to any person of UBL's choice in whole or in part and in such manner and on such terms and conditions as UBL may decide. Any such sale, assignment or transfer shall conclusively bind the Customer and all other persons.
The Customers, his heirs, legal representatives, executors, administrators and successors are bound by the Terms and the Customer shall not be entitled to transfer or assign any of his rights and obligations to any third party.
The Terms will be construed and enforced in accordance with, and the rights of the parties hereto will be governed by, the laws of the Islamic Republic of Pakistan applicable therein. Any and all disputes arising under the Terms, whether as to interpretation, performance or otherwise, will be subject to the exclusive jurisdiction of the courts at Karachi, Pakistan and each of the parties hereto hereby irrevocably attorns to the exclusive jurisdiction of such courts.
The Parties hereby agree that any legal action or proceedings arising out of the Terms for Mobile App shall be brought in the courts and to irrevocably submit themselves to the jurisdiction of such courts.
UBL may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms for Mobile App in any other court, tribunal or other appropriate forum, and the Customer hereby consents to that jurisdiction.
Any provision of the Terms for Mobile App which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.
UBL reserves the right to terminate the facility of the Mobile App, either partially or in totality, at any time whatsoever, without prior notice. UBL also reserves the right at any time without prior notice to add / alter / modify / change or vary all of these Terms and Conditions.