SMS BANKING

1. Definitions
   Unless the context requires otherwise, the followings words and phrases shall have the respective meanings ascribed hereto:
   
   “Access” means the use of the Network for the purpose of providing SMS-based access to Account Information to the Customers
   
   “Alerts” means the information provided by the Bank to the Customer relating to the Account Information and Product Information through the Network based on SMS messages sent to the Customer generated by the Bank and/or sent to the Customer by the Bank at the specific request of the Customer
   
   “Account” means a specific Account or more than one Account which is linked to the Network at the request of the Customer thereby enabling the Customer to utilize the Services
   
   “Account Information” means information pertaining to the Account(s) maintained by the Customer with the Bank
   
   “Bank” means The Royal Bank of Scotland Limited, formerly ABN AMRO Bank (Pakistan) Limited.
   
   “Telco” means the cellular phone company which has entered into agreement with the Bank for the purposes of providing mobile phone banking facilities to the Customers
   
   “Customer” means any individual who maintains a bank account with the Bank and is a subscriber of cellular phone services offered by the Telco “Network” means access to the Services over the GSM / TDMA cellular telephone network of  the Telco
   
   “SMS-PIN” means Personal Identification Number issued by the Bank to the Customer “Product Information” means the information pertaining to various products of the Bank provided to the Customer from time to time at the Bank’s discretion
   
   “Services” means the SMS-based information services provided to the Customers through the Network
   
   “SMS” means short message service which includes the storage, routing and delivery of alphanumeric messages over GSM / TDMA telecommunications system
   
   
2. Availability and Accessibility
   2.1 The Customer being a Telco subscriber has requested to utilize the Services and recognized that such Services may be discontinued by the Bank at any time without any prior notice. The Services are currently available only to resident Pakistani Customers with Account(s) with the Bank.
   
   2.2 The Telcos offering the Services shall be notified by the Bank to the Customer from time to time.
        
   
3. Conditions of Use
   3.1 The Customer accepts full responsibility in respect of the security and confidentiality of his / her mobile phone / mobile phone number and mobile phone identification number (PIN) to be used in initially gaining Access to his / her Account Information through the use of his / her mobile phone.
   
   3.2 The Customer shall at all times remain absolutely and exclusively responsible for familiarizing himself / herself with and understanding the detailed process for using the facility and the Bank is not responsible for any error, mistake or omission by the Customer in respect of the use of the Services or otherwise.             
   
   3.3 The Customer acknowledges that the Services of the Bank will be implemented in different phases and that the Bank may decide to add certain facilities in addition to the Services already provided. Conversely, the Bank may in its absolute discretion decide to cancel or remove any part of or the entire services being provided to the Customer at any time without prior notice in respect thereof.             
   
   3.4  The Bank may at any time decide to change the format and / or the features of the Alerts provided to the Customer and the Customer shall remain wholly responsible for keeping himself updated in respect of such changes. The Bank shall use its best endeavours to notify such changes through its website or through any other legally recognized medium of communication.
   
   3.5  The Customer shall remain solely responsible for intimating in writing to the Bank any change in his mobile phone number and the Bank will not be liable in the event
   that any information is sent to a mobile phone number which is no longer in use by the Customer.
   
   3.6  The Customer acknowledges and accepts that the Services being provided are dependant on the infrastructure, connectivity and services being provided by the Telcos within and outside the country and that the timelines and accuracy of the information sent by the Bank will depend on factors affecting the Network within and outside the country. The Bank shall not under any circumstances whatsoever, be liable for non-delivery or delayed delivery of information nor for error, loss or distortion    in transmission of information to the Customer.
   
   3.7  The Bank shall endeavour to provide the Services to the Customer on a best effort basis and the Customer shall not under any circumstances whatsoever, hold
   the Bank responsible nor liable for the non-availability of the Services or the non performance of the Network, the Telco or any other service provider. The Customer shall indemnify the Bank in respect of any claims made by any third party against the Bank in respect of the use of the Services by the Customer.
   
   3.8   The Customer shall be responsible to promptly inform the Bank in the event that he/she wishes the Services to be permanently discontinued or temporarily suspended. The Bank shall not under any circumstance whatsoever, be held liable by the Customer in the event that there is a delay by the Bank in implementing such instructions.
   
   
4. Withdrawal or Termination
   4.1 The Bank may at any time and without providing prior notice or assigning any reason to the Customer, withdraw part or whole of the Services relating to mobile phone banking. Liabilities incurred by the Customer shall, however, survive the termination of this Agreement.
   
   4.2 The Services being provided by the Bank in relation to mobile phone banking facilities may be temporarily suspended at any time for the purposes of carrying out repair and maintenance work in respect thereof. Such suspension may also be carried out in respect of any security procedure required to be followed by the Bank.
          
   
5. Fees
   5.1  The Services being offered by the Bank shall be subject to charges as provided in the Schedule of Charges (SOC) of the Bank, which may be revised from time to time and communicated through revised / latest SOC. Further, the Customer shall be liable for payment of aforementioned services and/or such airtime or other charges which may be levied by the Telco or the Bank in connection with receiving the Alerts. In the event that the Customer is required to make any payment in connection with the use of the Services, the Bank shall have the right to debit the Customer’s Account(s) with the Bank. However, in case neither the customer pays the charges nor is sufficient balance available in his / her account, the Bank reserves the right to suspend the Services without any prior notice. Bank will not be liable for any additional airtime and other charges by the Telco or Any third party company for use of SMS alerts outside Pakistan.
   
   
6. Disclaimer
   6.1  The Bank nor its employee / contractual staff will not be liable for: (a) any unauthorized use of the Customer’s PIN; or (b) mobile phone number / instrument in respect of any fraudulent, duplicate or erroneous information given by use of the same; (c) acting in good faith on any instructions received by the Bank; (d) error, default, delay or inability of the Bank to act on any instructions received by the Customer in respect of the Services and (e) unauthorized access by any other person to any instruction given by the Customer or breach of confidentiality.
   
   6.2  The Bank will not be held responsible for any failure or delay on the part of the Telco to reload prepaid airtime of the Customer nor will the Bank be concerned with or held responsible for the suspension or permanent / temporary blocking of airtime allocated to Customers utilising post paid airtime from the Telco. Customer complaints against the Telco will be addressed directly by and between the Customer and the respective Telco.
   
   6.3 The Bank shall not be concerned with any dispute that may arise between the Customer and the Telco and makes no representation nor gives any warranty  with respect to the quality of the service provided by the Telco or guarantee for timely delivery or accuracy of the contents of each SMS.
   
   6.4 All responsibility of use of the Services by a joint account holder shall be binding on all other joint account holder(s)
   
   
7. Disclosure
   The Customer authorizes the Bank (and its affiliates) and its personnel and employees to access and transmit the information relating to the Customer’s Account(s) as well as send Alerts to the Customer through the Network in order to provide the Services to the Customer and to give effect to any instructions by the Customer in connection with such Services.
   
   
8. Indemnity and Liability
   The Customer shall indemnify and keep the Bank free and harmless from and against all liabilities, losses, claims, damages incurred by the Customer or a third party arising out of or in connection with  the use of the Services including but not limited to any / all losses and damages resulting from negligence, theft and / or fraud provided however, that there is no gross egligence on the part of the Bank. Additionally, the Bank shall not be liable for any expense, claim, loss or damage arising out or in connection with this Agreement including but not limited to loss or damage resulting out of force majeure (which means any circumstances beyond the reasonable control of the Bank including without limitation, any Act of God, firestorm, typhoon, earthquake, electrical, technical, computer related or mechanical failures)
   
   
9. Alteration
   The Bank may from time to time and at any time revise and / or change any of these Terms and Conditions and the Customer hereby agrees to adhere to, without need of notice, any and all such future modifications, alterations or amendments, which may be revised from time to time shall be communicated through revised / latest SOC.