Agree to Terms & Conditions
Internet Banking End-User Agreement
Access and use
of Internet Banking Services of the Al Baraka Bank Pakistan Limited (hereinafter
referred to as the Bank) by any customer (hereinafter referred to as the
Customer) is subject to the terms & conditions stipulated under this
Internet Banking Agreement (hereinafter referred to as the Agreement). If the
Customer is not agreeable to be bound with the terms & conditions specified
under the Agreement, the Customer shall not access the Bank’s Internet Banking Application
or avail Internet Banking Services thereof, as the case may be.
If the Customer
access & use this Internet Banking Services or Application, the Customer
unconditionally and irrevocably agrees to be bound by the terms &
headings in the Agreement are intended for convenience of reference and shall
not effect interpretation of the Agreement. In this agreement, unless the
context otherwise requires, the following terms shall have the meanings
assigned to them hereunder. References to clauses are to be construed as
references to the clauses of this agreement.
Bank and the Customer, to the extent of this agreement shall be referred
collectively as the Parties. Words importing the plural shall include the
singular and vice versa.
Account(s) means any kind of account of the Customer already opened or may be
open in future with the Bank; including saving account, current account and
certificates of investment and deposits.
Day means a day on which scheduled banks, inducing the Al Baraka Bank Pakistan
Limited, is open for routine banking business in Islamic Republic of Pakistan.
Devices means and includes all kind of computers, telephones, personal digital
assistant or similar kind of electronic devices.
Internet Banking Services
Banking Services means the banking services available and provided on the
Website from time to time by the Bank which enable the Customer to obtain
information and to carry out certain banking transactions and services
pertaining to the Customer’s Accounts through the Electronic Devices linked to
the Bank’s Internet Banking Services or Application.
refers to the four (4) digits, required for selected transactions over the
Internet Banking Application.
refers to the six to sixteen (6-16) characters selected by the Customer as per
the procedure laid out on the Internet Banking Application. All the pins,
passwords, including TPIN and FPIN will be referred as the Password.
Customer means and includes any/all the customers of the Bank accessing and
using the Bank’s Internet Banking Services.
Website means the Al Baraka Bank Pakistan Limited’s official website (www.Al
Statement Of Account
Statement of Account means a written confirmation of the Bank’s banking
relation with the Customer; containing details of transactions conducted in the
Customer’s Account, during the specified period.
Unconditional And Irrevocable
Acceptance Of The Customer
accessing the Bank’s Internet Application, I (hereinafter referred to as the
Customer) hereby accept irrevocably & unconditionally all the terms &
conditions of the Bank to provide the Internet Banking Services; and confirm:
be bound by all the terms & conditions of the Internet Banking Services, changes
and additions therein; and to indemnify the Bank from all risks related to the
use of Internet Banking Services.
accept that the Bank’s record of any transaction proceeded through the Bank’s
Internet Banking Services shall be conclusive evidence of the transaction for
all purposes; and confirms to be bound by such transactions.
accept that the Bank can directly debit from the Customer’s Account any fee,
expenses or charges thereof for any services accessed or utilized through the
Bank’s Internet Banking Application.
agree that the Bank at its sole discretion may change mode of operation, add,
remove, change and close down temporarily or permanently any of its services
provided under the Internet Banking Services/features.
understand that the internet communications are not secured, unless the data is
being sent in an encrypted form; and agrees that the Bank will not be
responsible for any unauthorized access and use by a third party and corruption
of data being sent through the Bank’s Internet Banking Services.
By obtaining Al Baraka Internet Banking, you will be automatically registered for the services of SMS banking. SMS banking charges are as per Schedule of Charges..
Responsibilities Of The
Customer shall ensure to be acquaint with the process, method and usage of the
Bank’s Internet Banking Services and Application; and undertakes to indemnify
the Bank from any errors made by the Customer or any other co-account holder;
while accessing and using the Bank’s Internet Banking Services.
Customer is absolute responsible for security and confidentiality of the
Password; and undertakes not to disclose the Password to any other person, and confirms
to safeguard it from being divulged or used by any other person.
Customer undertakes to accept the absolute responsibility and indemnify the
Bank for any loss, damage or harm cause to the Customer or any third party as a
result of the Customer’s noncompliance with the instructions given to the
Customer, in whatsoever mean.
Customer undertakes to immediately inform the Bank by calling the given helpline
number for such notification; if the Customer discover or suspect that the
Password or any part thereof is known to any unauthorized person.
Bank will on best effort basis make available Internet Banking Services for the
Customer’s use; however, the Bank will not be responsible if the Customer could
not access or use the Bank’s Internet Banking Services due to any reason which
may include maintenance, malfunctioning, failure of electronic devices, telecommunication,
electrical and network failure.
Customer undertake not to allow any other person to operate the Bank’s Internet
Banking Services on behalf of the Customer; and will not leave any of the
Electronic Device unattended being online.
Customer undertake to access and use the Bank’s Internet Banking Services only from
Electronic Devices which the Customer own and use exclusively; and confirms not
to access the Bank’s Internet Banking Services from the Electronic Devices own
or use by others.
Customer undertake not to access the Bank’s Internet Services from a computer
connected to a local area network (LAN) without ensuring that no one else is
able to observe or copy the Customer’s particulars, required to access and use the
Bank’s Internet Banking Services.
Customer undertake to ensure at its sole cost and expense that the Electronic Devices
through which the Customer access the Bank’s Internet Banking Services are
compatible with the minimum technical requirements of the Internet Banking
Services offered by the Bank. The Customer undertakes to indemnify the Bank for
any loss, damage or harm arising due to non-compatibility between the Bank’s
system and the Electronic Devices used by the Customer to access the Bank’s
Internet Banking Services.
The Customer undertake to keep
the Electronic Devices, which the Customer will use to access the Bank’s
Internet Banking Services, free from any computer virus, harmful program and
software; and ensure adequate protection of the Electronic Devices against
acquiring computer virus.
The Bank’s Internet Banking Services
are intended to be used by the Customer in territorial limit of Pakistan and in
case the Customer access and uses it from foreign country, the Customer shall
be responsible to comply with the local laws and regulations; including
obtaining the licenses required to use such kind of services and import/export
of the software/program used to access and use the Bank’s Internet Banking Services.
Customer’s Instructions To The
Bank For Services
Customer understands that any instruction given to the Bank, through the Bank’s
Internet Banking Services, cannot be reversed. The Bank shall not be
responsible to reverse any instruction; and to accept any instructions which
are conditional or require the Bank to make payment to a third party,
earlier/later than the time the Bank requires according to normal banking
Customer confirms that any instruction(s) given to the Bank through using the
Bank’s Internet Banking Services, by using the Customer’s Password shall deem to
be given by the Customer; and the Bank may assume that the referred
instructions are genuinely given by the Customer without any extra exercise to
verify the same. The Customer undertakes to indemnify the Bank from any
liability for acting on such instructions, even if those instructions have not
been actually given by the Customer.
Customer undertakes to be fully responsible and keep the Bank indemnify and
harmless for any unauthorized, fraudulent or erroneous instructions given to
the Bank in relation to the Bank’s Internet Banking Services by using the
Customer’s particulars and passwords.
Customer agrees that the Bank may, at its sole discretion, refuse to carry out
any instructions given in relation to the Bank’s Internet Banking Services; if
the Bank has reason to believe that the instructions are not genuine, improper,
unclear or suspicious.
Customer undertakes to check the Statements of Accounts if any transaction
appears to be unauthorized or suspicious in any respect; and in case of any
discrepancy will immediately inform the Bank in writing. Provided that the Bank
will not be responsible in any manner for such discrepancies, if it has reason
to believe that such discrepancies resulted due to any reason not attributable
to the Bank. If the Customer fails to notify within three (3) Business Days,
from the date of the Statement of Account being received, the transaction will
be considered correct and duly accepted by the Customer.
Customer confirms to understand and agree that the Bank in its sole discretion,
by notice, may withdraw or charge to provide any or all services, made
available be the Bank’s Internet Banking Services at any time.
Customer confirms to understand and agree that the Bank will not acknowledge
receipt of any instructions given by the Customer nor the Bank will be
responsible to verify any instructions. The Bank will endeavor to give effect
to instructions on the best effort basis.
Customer understand and agree that no written advice or confirmation will be
made and issued by the Bank for any transactions conducted on the Bank’s
Internet Banking Services, although such transactions will be recorded in the
Statement of Account, as issued to the Customer by the Bank periodically or on
request of the Customer.
Customer understand and confirms to keep the Bank indemnified for any loss or
damage incurred if the Bank fails to act upon any instructions by the Customer,
acting in good faith or fail to provide any service for any reason that is
beyond control of the Bank.
The Customer undertakes to
indemnify the Bank from any loss or damage that may arise or be incurred
directly or indirectly by reason of the Bank carrying out instructions of the
The Customer indemnify the Bank
for any partial, incomplete, late or failed transfer or bill payment to any
payee nominated under the Bank’s Internet Banking Services due to reason beyond
control of the Bank.
The Customer confirms that any
information given by the Customer shall be considered correct without any
obligation to review or monitor such information for security, administration
or any other purpose; and such information shall be property of the Bank.
The Customer agree that any
instruction submitted through the Bank shall not be affected and remain valid
if operations of the Bank’s Internet Banking Services is suspended or comes to
an end due to any reason.
Execution Of Instruction
instructions given through the Bank’s Internet Banking Services, the Bank will
be entitled to debit any amount along with the applicable charges or fees as
applicable, time to time; from the Customer’s account.
Bank in its sole discretion will be entitled to refuse to carry out an
instruction submitted through the Bank’s Internet Banking Services or may
demand the Customer to give confirmation of such instructions in writing.
Bank will act on instructions in accordance with the cut-off times, as notified
through the Bank’s Internet Banking Services or in absence of such notice as
per the normal banking practice.
Customer agrees that withdrawal of funds will not be permitted against
Bank will not be liable for any act of omission of any corresponded or paying
bank or for any error or delay in transaction. The Customer agrees to indemnify
the Bank harmless against such all loss, damages and expenses incurred by the
Bank in relation to any demand drafts or other instruments issued by the Bank
or any telegraph transfers made by the Bank on the Customer’s Instructions.
Customer indemnifies the Bank with respect to the lost, stolen or destroyed
cheques and demand drafts.
the transfer authority is submitted through the Bank’s Internet Banking Services,
the Bank may presume that the same are genuine and accurately represent consent
of the Customer, even if the instructions are actually complied or sent in
error, fraud or negligence or may amended by someone other than the Customer
with or without the actual knowledge and consent of the Customer. The Bank has
no duty to verify the facts and genuineness of the instructions.
Customer undertake to indemnify the Bank from any loss, costs, damages,
expenses, liabilities or proceedings, which the Bank may incur or suffer as a
result of the Bank acting upon, delaying to act upon or refraining to act upon
any instructions given by the Customer.
Bank may provide the co-account holder on request of the Customer, if the
Customer has a Joint Account; and in that case the Customer and the Co-account
Holder will be jointly and severely bound and responsible to comply with the
terms & conditions of the Bank’s Internet Banking Services.
The Customer as well as the
Co-account Holder shall be jointly and severely bound by all the liabilities and
obligations arising due to access and use of the Bank’s Internet Banking
Services. Any instruction given by any of the co-account holder will be binding
on all of the joint account holders and the Bank will not be responsible for
any claim and dispute whatsoever, between the parties.
Charges For The Service
Provided Under The Internet Banking Services
Bank will be entitled to the Fee for access to the Bank’s Internet Banking
Services. The Bank will issue its Schedule of Charges from time to time at its
sole discretion; and reserve the right to revise the charges at any time, by
notifying the Customer. The Bank has the right to debit the Charges from the
Customer’s Account directly, without obtaining prior approval from the Customer
for every transaction.
Use Of Information &
Customer that the information and materials published on the Bank’s Website,
Internet Banking Application and the associated terms & conditions as well
as the description that appear in the Website are subject to change by the
Bank. Unauthorized use of the Bank’s Internet Banking Application and system
including entry into the Bank’s System, misuse of passwords or any information
posted on the Bank’s Website is strictly prohibited.
Customer agrees that the Bank is making available the Bank’s Internet Banking
Services on request. The Bank is granting the Customer a nonexclusive,
nontransferable and temporary license to use the Bank’s Internet Banking
Services. All materials and information and trademarks are given in the Bank’s
Website or Internet Banking belongs to the Bank. The Customer therefore further
agrees as under:
Not to use this information or
material except in connection with the Bank’s Internet Banking Services.
Not to take copies of the
information and material available on the Bank’s Website or from Internet
Banking to use for any unauthorized purpose; and decompose, reverse or temper
with the system related to the Ban’s Internet Banking Services.
Bank declares that the Website and Internet Banking Facility is not intended
for distribution to, or use by any person or entity in any jurisdiction; where
such distribution or use would be contrary to local laws and regulations.
Bank declares that information and materials contained on the Bank’s Website or
Internet Banking Facility, including text, graphics, links or other items are
provided on “as available” basis; and the Bank does not warrant the accuracy,
adequacy or completeness of the information and materials.
Bank expressly disclaims liability for errors or omissions in this information
and materials no warranty of any kind, implied, expressed or statutory
including but not limited to the warranty of non-infringement of the third
party rights, title, merchantability, fitness for a particular purpose and
freedom from computer virus, is given in conjunction with the information.
no event the Bank shall be liable for any damages, including without limitation
direct or indirect damages losses or expenses arising in connection with use or
inability to use the Website or if any linked website.
Bank declares that these terms & conditions are in addition to the terms
& conditions and conditions applicable to the accounts and services and
other terms and conditions which govern the services and consumer banking
services provided by the Bank.
the event of a conflict between these terms & conditions and other terms
& conditions; these terms & conditions will prevail, as the transaction
as well as the dispute relates to the Bank’s Internet Banking Services.
Bank has the absolute right to change, amend, delete or add any term &
conditions, as the Bank deem appropriate, at any time; by giving a notice in
such a manner as solely determined by the Bank.
to the terms & conditions and without prejudice to the rights of the
Parties hereunder, the Bank shall take reasonably practicable steps to ensure
that the Bank’s system is adequately secure for Internet Banking Services; and
control the risk in operating the systems, taking into account all laws,
regulations, rules, circulars, code of conduct and good practices, prevailing
in the banking industry, applicable from time to time.
Bank shall not be liable for any loss or damage of whatsoever nature, whether
direct or indirect, or consequential to the Customer, including its successors,
executors and administrators as a result of making the Bank’s Internet Banking
Services available to the Customer and such loss or damage may include following:
Acting on instructions, which
has been validly authenticated as submitted by the Customer but which intact
was given fraudulently by a third party.
The Bank’s Internet Banking
Services being totally or partially unavailable for any reason, whatsoever; and
the Execution of the Customer’s instructions delayed or not being acted upon by
The Customer’s reliance on the
information provided on the Bank’s Internet Banking Services.
Any access by a third party to
information about the Customer’s account.
Customer undertakes to indemnify the Bank, its employees, agents, representatives
and nominees on a full indemnity basis from and against all actions, claims,
proceedings, demand, losses, damages, harms; direct, cost, expense, charges,
taxes, penalties and legal costs and any other liabilities of whatsoever nature
which the Bank may incur, suffer by reason of the Customer’s accessing or using
the Bank’s Internet Banking Services.
Legal & Territorial
Agreement will be governed and interpreted according to the laws of Islamic
Republic of Pakistan. All matters pertaining to the Agreement, including its
interpretation, application, validity, performance and breach, in whatever
jurisdiction, will be brought to and shall be governed by, construed and
enforced in accordance with the laws of Islamic Republic of Pakistan. The
territorial jurisdiction will be limited to the courts of appropriate
jurisdiction in Karachi, Pakistan.
Confidential Information shall remain the property of the relevant party. Each
Party shall keep in confidence the Confidential Information using the same
degree of care it uses to protect its own confidential information, but in any
event not less than reasonable care. The Parties agrees not to disclose
Confidential Information to any person or for any purpose except as necessary
to perform its obligations under the Agreement.