(a) Pan Asia Banking Corporation PLC (the 'Bank' which expression shall, where the context allows or requires, include its successors and assigns) shall provide subject to these Terms and Conditions online services and facility from time to time through any Internet site established, operated and/or maintained by or on behalf of the Bank ('Internet Site') or through mobile device ('Mobile Device') to enable Customers (each a ' Customer' which expression shall, where the context requires, means an account holder (each person to an account) of the Bank who has been permitted the use of Pan Asia Bank's Electronic Banking Service) to give instructions to and communicate with the Bank for the purposes of conducting banking, investment, financial and other transactions and dealings of various nature and obtaining services, products, information, goods, benefits and privileges from the Bank (the ' Service').
(b) As part of the Service, the Bank may make available via any Internet Site or Mobile Device financial, market or other information and data ('Information') supplied by any person (each an ' Information Provider' which expression shall include any person who supplies any information to an Information Provider) and may provide reports compiled from Information in any form, medium or means (' Reports').
(c) The Bank has the right to determine and vary from time to time the scope and type of the Service to be made available including, without limitation: -
i. expanding, modifying or reducing the Service at any time;
ii. imposing and varying any restrictions on the use of the Service such as minimum and maximum daily limits with respect to the value of any transaction or dealing or any type of transactions or dealings which the Customer may conduct by using the Service; and
iii. prescribing and changing the normal service hours during which the Service is available and any daily cut-off time for any type of Service or transactions. Any instruction of the Customer received by the Bank after any applicable daily cut-off time shall be deemed to be received on the next business day.
(d) The Bank may require the Customer to nominate or register specific account(s) for the purposes of the Service.
2. Governing Terms and Conditions
The Service provides an additional means for the Customer to operate accounts, conduct transactions and dealings and obtain services, products, information, goods, benefits and privileges from the Bank as shall be made available from time to time. Transactions and dealings effected by using the Service are subject to these Terms and Conditions and the Bank's General Business Conditions and all other terms and conditions governing the relevant accounts, transactions, dealings, services, products, information, goods, benefits, facilities, rules and regulations which shall continue to apply.
3. Use of the Services
(a) To access the Service for the first time, the Customer is required to register at the Bank or in such other manner as the Bank may from time to time specify and indicate customer's acceptance of all the terms and conditions governing the use of the Service and to provide such information as the Bank may reasonably specify for the purpose of identification.
(b) By registering to use the Service, the Customer warrants that all information provided by the Customer to the Bank in relation to the Service is true, complete and up-to-date and that neither the Bank nor any of its officers will be or shall be held responsible for financial or any other forms of losses that may arise from inaccuracies in data. The Bank shall be under no obligation to investigate the authenticity or authority of persons effecting the instructions or verify the accuracy completeness of instructions and that the Bank may treat the instructions as valid and binding on the customer notwithstanding any error fraud forgery lack of clarity or misunderstanding in such instructions.
(c) The Service is for the sole and exclusive use by the Customer.
(d) The Customer shall not use or knowingly allow any other person to use the Service, the Information and/or the Reports for or in connection with any illegal purpose or activity. The Customer shall notify the Bank as soon as practicable if he becomes aware of such use. The Customer shall remain responsible for any and all such use of the Service by unauthorized persons or for unauthorized purposes.
(e) Any exchange rate, interest rate, dealing rate and other prices and information quoted by the Bank on the Internet Site(s) or otherwise in response to an online inquiry is for reference only and is not binding. Any rate, price and information offered by the Bank for the purpose of the relevant transaction shall be binding on the Customer upon the Customer confirming his acceptance irrespective of any different rate, price or information quoted by the Bank.
(f) The Customer acknowledges that the requests and instructions warranting authorisation by an officer/s of the Bank may not be effected immediately or automatically and that the Bank reserves the right to allow or disallow such instructions at its sole discretion with or without notice to the Customer.
(g) The Customer acknowledges that when making a payment on the Customer's behalf the Bank neither acts as an agent nor an agent of the Biller to whom the payment is directed.
(h) The Customer shall agree that in case of payments made through the Service by the Customer in respect of contracts of sale or supply of services with third parties, the Customer shall not hold the Bank responsible in any manner whatsoever for any lapses on the part of the third parties in meeting their obligations.
4. User Name and Password
(a) The Customer shall follow the guidance provided by the Bank online in designating the user identification code (the 'User Name' ), the Password (the 'Password') and the personal identification number that the Customer would receive via the given email address and mobile number at the time of activating the Service (the ' Activation Key') for identifying the Customer for the purposes of the Service.
(b) The Customer shall activate the Service by using the received Activation Key and immediately reset the Password.
(c) The Customer may change the Password at any time but any change shall be effective only if accepted by the Bank. The User Name cannot be changed by the Customer.
(d) The Customer shall act in good faith, exercise reasonable care and diligence in keeping the User Name and the Password in secrecy. At no time and under no circumstances shall the Customer disclose the User Name and the Password to any other person.
(e) The Customer shall be fully responsible for any accidental or unauthorized disclosure of the User Name, the Password and/or the Activation Key to any other person and shall bear the risks of the User Name and/or the Password and/ or the Activation Key being used by unauthorized persons or for unauthorized purposes.
(f) The Customer shall ensure to change the security questions and the corresponding answers as deemed fit to maximize the security of the Service.
(g) Upon notice or suspicion of the User Name and/or the Password being disclosed to any unauthorized person or any unauthorized use of the Service being made, the Customer shall notify the Bank in person as soon as practicable or by telephone at such telephone number(s) as the Bank may from time to time prescribe (and the Bank may ask the Customer to confirm in writing any details given) and, until the Bank's actual receipt of such notification and until the Bank acts on such notification, the Customer shall remain responsible for any and all use of the Service by unauthorized persons or for unauthorized purposes.
(h) The Bank shall be entitled to deactivate the Service in case of such notification, until such time the Bank discovers the nature of the fraudulent access and/or liability is accepted by the Customer.
(i) The Bank shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, for any damages, losses, expenses or costs whatsoever (whether direct or indirect or whether foreseeable or not) suffered or incurred by the Customer as a result of;
i. any transaction resulting from any instruction made by the Customer or purportedly made by the Customer and referable to such compromised User Name and Password and which was processed by the Bank prior to or at the time of such cancellation or which the Bank was unable to stop processing of; or
ii. any failure by the Bank to carry out any instruction referable to a compromised User Name and Password which was outstanding as at the time the Bank cancels such access and which the Bank had stopped the processing of.
(j) The Customer (if joint account, each account holder jointly and severally), hereby agrees and irrevocably holds the Bank indemnified and saved harmless from and against any losses, charges, suits, claims, expenses and damages that the Bank shall or may be sustained, incurred, caused or suffered by reason of the Bank allowing the use of the User Name and permitting the creation of own Passwords as aforesaid, acting on customer instructions or requests made or transmitted to the Bank electronically and/or acting upon advises, requests and instructions forwarded by the Customer in the said manner without the Customer's valid physically placed signature/s appearing on such instructions and/or by accepting electronic messages so exchanged via addresses/ mobile numbers provided by the Customer or through any other electronic means and agrees that the Customer do provide data, information, instructions and messages through electronic means at the Customer's own risk, without holding the Bank liable or accountable for or on account of any loss and/or misdirection of data in transit electronically with or without the Customer's knowledge or authority and for processing and effecting transactions which are originated through the User name and Passwords created by the Customer.
5. Customer's Instructions
(a) The Customer is required to quote the User Name and the Password and any other identifiers as shall be prescribed by the Bank from time to time in order to log-on to the Service and give instructions to the Bank online or through the Mobile Device. Instructions in connection with the Service shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe from time to time and until the Bank has actually received them.
(b) Any instructions given in connection with the Service by quoting the User Name and the Password and such other identifiers of the Customer as prescribed by the Bank, once given, may not be rescinded or withdrawn without the consent of the Bank. All such instructions given, as understood and acted on by the Bank in good faith, shall be irrevocable and binding on the Customer (if joint account, each account holder jointly and severally), whether given by the Customer or by any other person purporting to be the Customer. The Bank shall be under no duty to verify the identity or authority of the person giving any such instructions or the authenticity of such instructions apart from verifying the User Name, the Password and such other identifiers (if any) of the Customer.
(c) The Bank will only act on an instruction insofar as it is in the Bank's opinion practicable and reasonable to do so and in accordance with its regular business practices and procedures.
(d) Advice or confirmation that an instruction has been received and/or a transaction has been effected through the Service will be provided by the Bank online or Mobile Device. Such advice or confirmation shall be deemed to have been received by the Customer immediately after transmission and it is the duty of the Customer to check such advice or confirmation. It is also the duty of the Customer to enquire with the Bank if the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to have been received.
(e) Information relating to any account or transaction made available on the Internet Site(s) are for reference only. The Bank's records of such account and transaction shall be conclusive unless and until the contrary is established.
The Service is provided on an "as available" basis and that the Bank shall be entitled to, at its discretion and without prior notice, to periodically and/or temporarily suspend the operations of the Service for updating, maintenance and upgrading purposes, or any other purpose whatsoever that the Bank deems fit, and in such event, the Bank shall not be liable for any loss, liability or damage which may be incurred as a result. The information made available via the Service is information that is available in the Bank's core banking software and the Bank will at all times strive to provide current and accurate financial information. The Bank, on its part will always attempt to provide maximum availability of the Service and notify Customers in reasonable advance of planned system down times using media channels and the Internet Site and / or as the Bank deems fit.
The Bank reserves the right to debit the account for fees together with government taxes and levies in relation to the use (any withdrawal/ transfer/ payment) and/or termination of the Service and to revise such fees. The Bank shall determine customer rate of any fee from time to time and shall implement it with or without notice which shall be binding on the Customer, if the Customer continues to maintain or use the Service on or after the effective date. Fees may be collected from the Customer in such manner and at such intervals as the Bank may specify. The Bank is not required to give notice of non-payment to the Customer.
8. Customer's Undertakings and Responsibilities
(a) The Customer shall provide such information as the Bank may from time to time reasonably request for the purposes of providing the Service. The Customer shall also ensure that all information provided to the Bank is at all times accurate, complete and up-to-date including, without limitation, the Customer's address and other contact details.
(b) The Customer authorizes the Bank to disclose and transfer information relating to the Customer, the Customer's account(s) and/or the transaction(s) executed by the Bank on the Customer's behalf to such person(s) as the Bank may be requested (whether or not compelled by law) to do so by any law, rules or regulations of any competent jurisdiction in which the Bank executes transaction(s) on the Customer's behalf or any exchange, government or regulatory authority in such jurisdiction.
(c) The Customer shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Service or any Internet Site or any Mobile Device or any software comprised in them.
(d) The Customer acknowledges that it is the responsibility of the Customer to determine independently market prices and rates for trading purposes through the Customer's usual trading channels, to verify any Information and/or Report before relying or acting on it and to seek independent professional advice on legal, tax and other issues in connection with the use of the Service, the Information and the Reports, these Terms and Conditions and any transactions and dealings which may affect the Customer under all applicable laws.
(e) The Customer acknowledges the responsibility to obtain and maintain any equipment which may be necessary for using the Service in proper working condition and with adequate safeguards against malicious threats to such equipment or to the Service and undertake not to access the Service using defective or insecure equipment, or by any manner which might adversely affect the Service. The Customer shall agree with and assure the Bank that the Electronic Banking system will remain the property of the Bank at all times and the Customer shall neither in any circumstance obtain any rights in Bank's property nor copy the Service or any of the information, techniques, data or designs relating to same.
(f) The Customer acknowledges that the Bank shall not be responsible for any loss or damage nor for any loss of profits, loss of contracts, financial losses, loss of data or loss of goodwill incurred or suffered as a result of non acceptance of and/or non adherence to instructions given on the Service for any reason whatsoever and that in case of payments made for goods or services offered by third parties, the Bank cannot and does not take responsibility or liability on the quality, on time delivery or the availability of goods or services such offered.
9. Information and Information Providers
(a) The Customer acknowledges and agrees that the Information, the Reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively ' Confidential Information') are trade secrets and confidential and proprietary property of the Bank and the respective Information Providers.
(b) Unless expressly permitted by these Terms and Conditions, the Customer shall not, and shall not attempt to:-
i. sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any Confidential Information in any form or by any means to any other person or commercially exploit any Confidential Information;
ii. remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Confidential Information including, without limitation, any trademark or copyright notice; or
iii. incorporate or combine the Confidential Information with any other programmes.
(c) The restrictions on disclosure shall not apply to any Confidential Information: -
i. where its disclosure is compelled by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by the Customer to the Bank; or
ii. where the Bank has expressly agreed in writing to its disclosure.
(d) The Customer agrees that all right, title and interest in and relating to the Confidential Information and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works are and shall remain the exclusive property of the Bank and the respective Information Providers. No right, title or interest other than the right to access the Information and the Reports subject to these Terms and Conditions is conveyed or transferred to the Customer. The Customer shall not make any representation or do any act which may be taken to indicate that the Customer has any such right, title or interest.
(e) An Information Provider may impose from time to time terms and conditions in relation to the availability of any Information supplied by it. Access to such Information by the Customer on or after the effective date, subject to prior notification, of such terms and conditions shall constitute the Customer's acceptance thereof.
(f) The Information and the Reports are made available for reference only and are not intended for trading or other purposes. Neither the Bank nor any Information Provider shall be considered an investment adviser to the Customer.
(g) Neither the Bank nor any Information Provider warrants, represents or guarantees the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Information or the Reports or whether it is fit for any purpose. Nor does either of them assume any liability (whether in tort or contract or otherwise) for any reliance on the Information or the Reports by the Customer or any other person.
(h) The Information will be made available as it is supplied and identifying the Information Provider directly supplying it to the Bank. The Bank does not endorse or express any comment on any Information supplied by any Information Provider nor assume any duty to check or verify any Information.
(i) No warranty, representation or guarantee of any kind relating to the Information and/or the Reports is given or may be implied and no employee or agent of the Bank or any Information Provider is authorized to give any such warranty, representation or guarantee.
10. Liabilities of the Bank
(a) The Bank will take reasonably practicable steps to ensure that its systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to the Bank from time to time.
(b) Neither the Bank nor any Information Provider warrants or represents that the Service, the Information and the Reports are free from virus or other destructive features which may adversely affect the Customer's hardware, software or equipment.
(c) Unless due to the gross negligence or wilful default of the Bank or any officers or employees and only to the extent of direct loss and damage (if any) arising directly and solely therefrom or the amount of the relevant transaction (whichever is less), the Bank shall not assume any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with: -
i. use of the Service and/or access to any information as a result of such use by the Customer or any other person whether or not authorised;
ii. any interruption, interception, suspension, delay, loss, damage, unavailability, mutilation or other failure in providing the Service , Password in transmitting instructions or information relating to the Service or in connecting with the Internet Site(s) and or Mobile Devices caused by any acts, omissions or circumstances beyond the reasonable control of the Bank including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); and
iii. transmission and/or storage of any information and/or data relating to the Customer, the Service and/or transactions or dealings conducted by the Customer pursuant to the Service through or in any system, equipment or instrument of any communication network provider.
(d) In no event shall the Bank or any Information Provider be liable to the Customer or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.
11. Liabilities of the Customer
(a) the Customer (if joint account, each account holder jointly and severally), shall be fully liable and responsible for all consequences arising from or in connection with use of the Services and /or access to any Information or Report or any other information as a result of such use by the Customer or any other person whether or not authorized, other than a missed or mis-directed payment caused by the gross negligence or willful default of the Bank, its officers or employees.
(b) The Customer (if joint account, each account holder jointly and severally), shall indemnify the Bank or any Information Provider and their respective officers and employees against all liabilities, claims, demands, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Service, the Information and/or the Reports or the exercise or preservation of the Bank's powers and rights under these Terms and Conditions, unless due to the gross negligence or wilful default of the Bank, , any Information Provider or their respective officers or employees and will not hold the Bank responsible for any User Names / Password thefts.
12. Variation and Termination
(a) The Bank may at any time, without giving any notice or reason suspend or terminate all or any of the Service or their use by the customer.
(b) The customer may terminate the use of the Service at any time by giving the Bank prior written notice.
(c ) All provisions of these Terms and Conditions which in order to give effect to their meaning need to survive the suspension or termination of the Services and/or the use of the Services by the Customer shall remain in full force and effect after suspension or termination including, without limitation, clauses 3(b), 4, 8, 9, 10 and 11. Notwithstanding such suspension or termination, the Customer shall continue to be bound by these Terms and Conditions to the extent that they relate to any obligations or liabilities of the Customer which remain to be performed or discharged.
The Bank may revise these Terms and Conditions and/or introduce additional Terms and Conditions at any time and from time to time. Any revision and/or addition to these Terms and Conditions shall become effective with or without notice to the Customer which may be given by posting it on the Internet Site(s) or by display, advertisement or other means as the Bank thinks fit, and shall be binding on the Customer if the Customer continues to maintain or use the Services on or after the effective date of variation.
(a) The Bank shall be entitled to prescribe, from time to time, the form of notice (whether written or any other form) and the mode of communication with respect to each type of notice to be given pursuant to these Terms and Conditions.
(b) Communications delivered personally, sent by post, facsimile transmission, telex or email shall be deemed to have been received by the Customer (where delivered personally) at the time of personal delivery or on leaving it at the address last notified in writing by the Customer to the Bank, (where sent by post) 48 hours after posting if such address is in Democratic Socialist Republic of Sri Lanka immediately after transmitting to the facsimile or telex number or email address or mobile number last notified in writing by the Customer to the Bank. Communications sent by the Customer to the Bank shall be treated as delivered to the Bank on the day of actual receipt.
Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
No act, delay or omission by the Bank shall affect its rights, powers and remedies under these Terms and Conditions or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms and Conditions are cumulative and not exclusive of the rights and remedies provided by law.
17. Governing Law and Jurisdiction
(a) The Services and these Terms and Conditions shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.
(b) The Bank and the Customer submits to the exclusive jurisdiction of the courts of the Democratic Socialist Republic of Sri Lanka.
18. Governing Version
The English version of these Terms and Conditions shall prevail wherever there is a discrepancy between the English version and any other version.