Terms and Conditions for Digital Banking:
These terms and conditions constitute the “First Digital Banking Terms and Conditions”, govern the relationship of the Client using Digital Access Channels and The First Microfinance Bank Limited, (Hereinafter referred to as the “FMFB”) and shall operate as legally binding agreement between Customer and FMFB. These terms & Conditions shall be deemed as customer consent for performing allowed actions/transactions through Digital Platforms of FMFB. By requesting and using one of these Services and electronically verifying the receipt and physically signing of this agreement and disclosure, you agree to comply with the terms and conditions of this Agreement. Any Business account accessed through Digital Banking will not acquire consumer rights through this Agreement and Disclosure. If any particular business relationship between the Customer and the Bank is governed by a separate agreement or specific terms and conditions, that agreement or those specific terms and conditions shall prevail over these Terms and Conditions to the extent that the provisions of that agreement or those specific terms and conditions (as the case may be) conflict with these Terms and Conditions. Any capitalized terms not otherwise defined herein shall have the meaning given to them in the Terms and Conditions governing Account.
In these Terms and Conditions:
- “Account” means the bank account held or to be held with the Bank in the name of the Application User
- “Authorized Individual” means a person accessing any of the services within First Digital Banking, being either the Client or the Authorized User, as the case may be in accordance with FMFB mandate in respect thereof.
- “Access Channels” means all the channels for access and performing transactions/actions from the account or to the information provided by the Bank for the Customer using Digital Platforms from time to time as listed in Clause 2.
- “Bank” means The First MicroFinanceBank Limited (FMFB), which holds the Account.
- “Biometric Authentication” means the identity authentication function using biometric credentials including fingerprints, facial recognition or any other biometric data, as FMFB may permit from time to time.
- “Application” means the FMFB Mobile Application branded as First Touch Banking (FTB).
- “Digital Platforms” refers to third-party distribution platforms where mobile applications or gadgets or other software programs can be accessed, downloaded or bought, including, but not limited to, the Google Play and Apple Store.
- “Electronic Funds Transfer” means the electronic transfer of money from one account to another, either within a single financial institution or across multiple institutions through computer/gadgets based systems.
- “Funds Transfer” means the movement of funds from the Customer’s Account(s) to its other Account(s) or to a third party account within Pakistan or outside Pakistan whether using Electronic Fund Transfer or otherwise.
- “PIN/Password” means the Personal Identification Number or an encrypted Security Code which the User uses from time to time with the Digital Platforms.
- “Service(s)” means any service provided under the Digital Banking offered by the Bank, as amended from time to time.
- “Transaction” means any Electronic Funds Transfer or Payment made using the Digital Platforms or Access Channels, or any refund arising in connection with the use of the Digital Transaction in any authorized manner for debit or credit to the Account.
These terms and conditions govern our relationship regarding the Digital Access Channels. FMFB reserves the right to change the terms and conditions at any time. Any such change may be notified to you, in writing or by being published on the Web site or the way as define by the bank. These terms and conditions shall be in addition to and not in derogation of the terms and conditions that are applicable to any Account, Product(s) and Services provided by/ maintained at /with FMFB.
Whenever you use our Digital Banking Services, the use of Your Security Details authorizes the Bank to act on any Instructions that the Bank receives and provides the Service you requested. The Bank will treat your use of your Security Details as your consent to conduct any transfer or payment or other Instructions you give using the Services. If necessary, such authorization shall allow the Bank or representative to debit your Accounts with any amounts the Bank has paid or charges you have incurred in connection with any such Instructions, even if the Instructions has not been authorized by you. Any charges applicable will have been detailed in terms and conditions relating to your Account or membership as provided to you at the time of joining and/or opening your Account. Your liability for transfers and payments carried out in connection with Instructions you have not authorized will be subject to your Account terms.
The Bank can delay, decline or reverse any Instructions if:
It involves a transfer or payment which exceeds a particular value or other limit which applies to your Account or to the particular Service selected. The Bank suspects that the transfer or payment might be unlawful or might be associated with unlawful, criminal, fraudulent or terrorist activity. The Bank believes that by carrying out the transfer or payment the Bank might breach a legal or other duty that applies to the Bank. You are in significant breach of any term or condition related to your Instructions for transfers or payments as part of this Agreement. In these circumstances, the Bank will not be liable to you if the Bank delays or refuses to carry out any transfer or payment. The Bank will take all steps necessary to either stop, reverse or modify a transfer or payment carried out using a Service in accordance with your Account terms if you ask the Bank to. Bank shall not be liable to fulfill your request if the transfer or payment has already been processed.
The Bank is offering the following Digital Access Channels which may be accessed either through Digital Platforms, Automated Teller Machines (ATM), POS, internet/ecommerce, SMS, Online Chat Box, Social Media, and Telephones:
1. First SMS Banking
2. First ATM
3. First Live Chat
4. First Touch Banking
5. First Contact Centre
6. First USSD Banking
7. First Debit Cards
8. First IVR Banking
9. First Social Media
1. First SMS Banking & First USSD Banking: You agree that for the purpose of availing the SMS Banking and USSD Banking, your GSM Number and Device is valid and you are authorized to register through this mode by PTA and in case of contrary, you shall be responsible for the consequences and you hold the Bank, its representatives and authorized assigns harmless and indemnified against any consequence borne by you in result of any unauthorized transaction made through invalid, illegal or unauthorized devices or GSM Number. You agree that actions/transactions made through your device or GSM Number are valid and any transaction/action made in result of breach of integrity unless communicated to the Bank is your responsibility.
2. First ATM & First Debit Cards:
Through using your First Debit Card, you can access to the First ATM, other Bank ATM or POS Network, or online/ecommerce network across Pakistan and process transaction/action thereto. All the transactions/ actions made thereunder shall be governed by The First Debit Card Terms and Conditions along with these Term & Conditions of Digital Banking.
3. First Live Chat:
Through Live Chat service is available at the Website of the Bank where you can ask your queries from the representative of the Bank. You agree that the Bank is not responsible for the decisions you make upon the information provided by the representative at First Live Chat. The Bank manages to make best endeavors to authenticate the information provided.
4. First Touch Banking:
First Touch Banking is the Mobile Application of the Bank which can be downloaded from the Digital Platforms and can be used by FMFB account holders after completing registration process on the Application. First Touch Banking shall be governed and acquired in consonance with the First Touch Banking Terms & Conditions in addition to the Terms & Conditions mentioned herein. First Touch Banking allows you to access your accounts, view account balance, view mini Statements, funds transfer to any FMFB account, Funds Transfer to any other member bank account, Utility Bills payment and perform many other financial & non-financial transactions as offered by Bank from time to time. . Once you submit your request for registration of FIRST Touch banking you will also be enrolled for balance inquiry, mini statement, Local Funds Transfer, Inter Bank Funds Transfer, Utility Bills payment and all other services being offered by Bank through FIRST Touch Banking from time to time.. You may access your Accounts 24 hours a day, seven (7) days a week, however, the availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising of software.
5. First Contact Centre & First IVR Banking:
First Contact Centre service is available for Telephone or Mobile users. By using this Service of the Bank, you agree that you are free to make transactions/Actions upon receiving the information from the First Contact Centre and the Bank has not offered you neither forcefully made you to make certain actions/Investments/Donations/Transactions, such decisions are your sole prerogative and the Bank is not responsible for your actions in this regard.
6. First Social Media:
You agree that you are willfully using and relying on the information provided at the First Social Media and the Bank has not guaranteed complete Integrity of Information while acknowledging the risk of security breach and hacking in this regard.
Security of Information:
You agree that you are entirely responsible for maintaining the confidentiality of your Account PIN, Passwords, IDs and Biometric IDs. You agree to immediately notify us if your Confidential Information is lost, stolen, or otherwise may have been compromised. You agree to immediately notify us of any other breach of security in relation to any Digital Access Channels or platform that comes to be known to you. You agree that you are entirely responsible for any and all activities that occur using your confidential information whether or not you are the individual who undertakes such activities. You should change your Passwords regularly and make sure that you do not choose a Password you have used before.
You agree to be completely responsible for the transactions made using Digital Access Channels and the Bank has a reason to believe that such transactions are processed by the Authorized Individual unless the contrary is communicated to the Bank in a reasonable time. You agree to hold harmless and indemnify the Bank against any loss, costs, damages, expenses, liability or proceedings which the Customer may incur or suffer as a result of the Bank acting, delaying or refraining from acting upon the Customer’s instruction(s). The Bank or the Bank’s correspondent shall not be liable for any loss, delay, error or omission in transmission of the message or its misinterpretation when received, or for any delay caused by the clearing system in which the payment is to be made or any act of default or negligence by the beneficiary’s bank in collecting the Transactional Amount. In no event shall the Bank under any circumstances be liable for any loss of profits, contracts or special, indirect or consequential loss or damages.
Integrity of Information:
You agree that the information shared with the Bank on such Digital Channels is correct to the best of your knowledge and no information or Services of the Bank are used in derogation of the laws of the land and in case of such derogation, the Bank is empowered to discontinue the Services and take Legal action. The Bank agrees to make correct information available on such Digital Channels and no service or information is being provided in derogation of laws of the land.
Contents & Services:
We reserve the right to change or discontinue the contents and services made available at any time.
You will not access the services provided to you under these Terms & Conditions/ Agreement by using any device available at a public place or any device which might be shared with others. Such use may expose you to risks or breach of the security, integrity and confidentiality of your use of the Digital Channels. You will not leave your System unattended while you are logged online to the Application and make it sure that you have logged off after each session. All products/items and services provided at the Digital Channels are subject to availability. Products/items and services are illustrated hereinabove, some of the products/items/services obtain/avail by FMFB from the 3rd party vendors/ service providers so these may differ in size or color and functions; FMFB shall not be responsible in this regard.
You will not use any device, software; or routine to interfere or attempt to interfere with the proper working of the Digital Platforms or a transaction relating to it. Bank shall not be liable if after providing information, you try to access your account through unauthorized or wrong/corrupted Digital Platform.
You must take all reasonably practicable measures to ensure that any Mobile or other device from which you access the Digital Access Channels is free of any virus or similar device or software including but not restricted to, devices commonly known as software bombs, Trojan horses and worms (together “Viruses”) and is adequately maintained in every way. The Channels can be accessed through the internet while surfing which we have no control. You must therefore ensure that any device you use to access the Digital Access Channels is adequately protected against acquiring Viruses.
(a) You acknowledge that internet/GSM based communications might not be totally secure and despite best efforts there remains the risk of unauthorized access and hacking. FMFB, therefore, does not assume any liability for unauthorized invasion of the Digital Access Channels by third party or corruption of the data.
(b) If you become aware of any transaction on any of your accounts that has not been performed by you, you must notify us immediately in writing by contacting your concerned FMFB Branch handling your account or by calling our Contact Center on 0800-FIRST(34778) immediately for such suspicious/disputed transaction(s), thereafter Bank shall not be liable for any such suspicious/disputed transaction(s).
User agrees that charges, fees, duties, levies and other expenses (collectively the “charges”) will be charged by the Bank for enabling and usage of the Digital Access Channels. The usage shall include electronic funds transfer(s) and payment also where customer shall be liable to pay all applicable fees, taxes, duties and\or notification\alert charges as and when any electronic funds transfer will be occurred in customer account as per Electronic Funds Transfer regulation of the SBP. User agrees to pay and reimburse the Bank all or any of such charges immediately upon demand. Such charges will be changed from time to time at the discretion of the Bank and it is User’s responsibility to obtain the prevailing rates of such charges from the Bank’s branch nearest to him/her. All charges are non-refundable unless otherwise indicated by the Bank. All the charges of Digital Access Channels usage shall be charged as per Bank’s Schedule of Charges (SOC) (if any) which can be visited on Bank’s website i.e. www.fmfb.pk
Digital Banking Material:
Nothing on Digital Banking platforms should be interpreted to be any invitation or offer relating to an investment or to engage in any other transaction. FMFB assumes no risk or responsibility as regards use of the contents of these platforms including the information or communication from any cyber linked sites.
Copyright and Trademark:
All contents of the Digital Access Channels including contents within the platforms, such as text, graphics, shortcuts, images and software (“Materials”) is the exclusive property of FMFB. The FirstMicroFinance Bank Limited authorizes you to view and use the Materials of the Platforms only for your own use. The Materials may not be modified in any way or reproduced or displayed or used for any public or commercial purpose. The trademarks, site marks and logos used and displayed on the Portal are the property of FMFB. Nothing on the Application should be construed as granting any license or right to use any mark or logos without written permission of FMFB.
FMFB shall be retaining and using information relating to you in its systems and on the Digital Platforms in any manner it deems fit whether such information has been obtained directly from you or from any third sources. FMFB shall endeavor to maintain confidentiality regarding the information at the Internet/Digital Banking. However, such information may be disclosed in the following circumstances:
If disclosure of information is required by FMFB in any litigation or proceedings before a public authority relating to the Digital Access Channels.
To persons acting as agents or advisors of FMFB.
To any person to whom FMFB transfer its rights and duties.
If so required by law, by regulatory authorities, competent Court of Law, law enforcement agencies or as may be in accordance with the governing Law & market practices.
Although due care is taken but FMFB makes no representation or provides any warranty whether express or implied as regards the completeness of any information accessed from the Digital Access Channels.
You hereby agree that you hold FMFB, its representatives, officers and assigns harmless against any claim, loss, liability, error, omission, action whether legal or illegal by you or against you as the Bank has already communicated its warranties clauses with you. FMFB shall have no obligation to verify the authenticity of any transaction done by you other than your Login and Password and neither FMFB nor its officers or Affiliates shall be liable for any unauthorized transactions occurring through the Digital Access Channels. You hereby fully indemnify and hold FMFB and its officers and Affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. Digital Banking and its Services provided by FMFB shall vary as per Customer’s Account, Product(s) and Services availed by the Customer. FMFB shall charge financial charges such as annual charges and any other charges as per schedule of charges on each and every transaction or as the FMFB may determine from time to time, such charges shall be debited from the Account of the Customer and Customer hereby agrees/acknowledges the debit authority of the FMFB for such charges. All the applicable tax/fee/levis as per governing laws shall be debited by the FMFB.
If any of these terms and conditions turns out to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
This is the entire Terms & Conditions/Agreement between the parties relating to matters contained herein and shall not be modified except in writing.
Force Majeure & System Availability:
FMFB shall not be liable in any manner for failure to perform under these Terms & Conditions/Agreement for what so ever reasons including the reason that it is caused by power outages, internet outages, communication outages, fire, flood, earthquakes, hurricanes, war, civil commotion, acts of God, strikes, industrial disputes, or the occurrence of any other unforeseen contingencies beyond our control.
FMFB shall take reasonably practicable steps to have the FMFB Online View Service available for use. You accept that in case of routine maintenance or excess demand on the systems and circumstances beyond FMFB control, it may not always be possible for the FMFB Online View to be available during its normal operating hours.
Digital Banking is being provided to you on an “as is” basis. No representation or warranties of any kind express or implied, including warranty of fitness for particular purpose, as to the operation of the Digital Banking Channels or the nature of accuracy of the information included in the Digital Platforms is being furnished. FMFB and its affiliates will not be liable for any damages of any kind arising from the use of the Digital Platforms or arising from any alleged negligence of the FMFB including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
User authorizes the disclosure to any company within the Bank’s group of companies, to any third party processors, service providers and/or services provider firms utilized by the Bank from time to time. Such information shall include but not be limited to the User’s details, the Digital Platforms, the Account and any Transaction as the Bank considers in its sole opinion to be necessary or desirable. The Bank may also disclose such information in relation to the User, the Digital Platforms, the Account or any Transaction as may be required by law, practice or usage.
You acknowledge that in case any dispute arose between you and FMFB as regards the correct version of any records to which you would be having online access, the records as reflected in the database of FMFB itself and certified by an officer of FMFB to be correct, shall prevail.
You hereby release and forever discharge FMFB and its officers, directors, employees, agents and affiliates, and their respective successors and assigns from any or all claims, counterclaims, demands, set off, damages, or any other causes of action, which may accrue, whether known or unknown, arising out of or in any way relating to use of the Digital Banking by you or involving your Confidential Information specifically including but not limited to any claims based in whole or in part upon alleged negligence, in operating the Digital Access Chanenls or otherwise relating to it. FMFB shall not be required to independently verify any transaction performed at the Digital Platforms (“transaction”), if you perform any transaction (of what so ever nature) which may be erroneous due to any incorrect parameter/data entered by you, FMFB shall not be responsible in any case for refund/return of transfer and disclaims any/all liability in this regard.
Customer’s Responsibilities and Representations:
- The Customer irrevocably and unconditionally undertakes to ensure the following:
- The SIM of the mobile number provided by the Customer for use of FMFB Mobile Banking Services, shall be registered in the name of the Customer.
- The PIN/Password and Security Codes are kept confidential.
- To not let any unauthorized person have access to the mobile phone, the PIN/Password, and Security Codes.
- To not leave his/her mobile phone unattended. Someone having access to the Customer’s personal information, Security Codes and/or PIN/Password, may use it wrongfully.
- In any circumstances not to store the PIN or Security Codes on his or her mobile phone.
- To regularly change his or her PIN/Password and Security Codes and avoid using easy-to-guess passwords and easily available personal information like birthdays, nicknames, mother’s maiden name or consecutive numbers.
- To ensure that the mobile or other electronic device being used to access the Account does not contain any spyware, worms, key logger, Trojans etc. that could result in a security breach of the Customer’s personal information or Security Codes.
- To ensure that the mobile or other electronic device being used to access the Account does not contain any spyware, worms, key logger, Trojans etc. that could result in a security breach of the Customer’s personal information or Security Codes.
- Under any circumstances not to give PIN/Password and Security Codes in response to a voice call on their mobile phone that claims to be from the Bank.
- Under any circumstances not to enter his or her PIN/Password or Security Codes on any website, link received in an SMS or email, or on any other medium which asks for his or her personal credentials until or unless a request is initiated by the customer himself.
- The Customer indemnifies the Bank from any loss or damage accrued due to any breach of terms and Conditions, negligence or inaction by the Customer, or due to any network disruption occurring at the cellular service provider end.
FMFB reserves the right to terminate your access to the Digital Access Channels at any time without citing any reasons.
Acceptance of Terms and Conditions:
I/We declare that I/We have received up to date information, read and understood the Bank’s Terms and Conditions for Digital Access Channels, which has been signed by me/us in acceptance thereof. I/We accept & agree to observe and be bound by the said Terms and conditions and any changes, supplements or modifications thereto that may be made by the Bank from time to time.