Terms and Conditions(Digital Banking)

Please read these terms and conditions carefully:

These terms and conditions set out the rights and obligations of you as the customer, and us as the Bank, in connection with your use of the Citytouch Digital Banking Services under the Digital Financial Channels.

Unless otherwise amended and notified by the Bank from time to time. In consideration of the Bank agreeing at your request to provide you with the use of above mentioned Services, you agree to use the Services in accordance with these terms and conditions.

1.  AGREEMENT

1.1   These terms and conditions form is an integral part of Credit Card / Account Agreement that you have executed with the Bank and all other terms and conditions of the Credit Card / Account Agreement that have not been changed or modified by this agreement shall remain in full force and effect. If there is a conflict between the terms and conditions of this Agreement and any other relevant terms and conditions, the terms and conditions of this Agreement will prevail as far as it relates to the Services unless otherwise expressly stated herein.

1.2   You agree that the use of the Service by you will constitute your agreement to and acceptance of these terms and conditions as well as your acknowledgement of the inherent risks in conducting any transaction and using the Services over the Digital Financial Channels and you authorize the Bank to follow/act on your instructions over telephone/mobile/internet and/or other means under the Digital Financial Channels set out herein.

1.3   You agree to pay all fees, costs and charges as may be associated with the use of the Services as the Bank may prescribe from time to time. You do hereby authorize the Bank to collect, set-off, and/or adjust any such fees from the account or accounts you maintain with the Bank.

1.4   In order to use the Services, you must:

1.4.1   be the holder of an Eligible Account/card or a person authorized to operate an Eligible Account (as the case may be);

1.4.2   apply to use the Service in the prescribed form and /or agree by activating Citytouch Digital Banking through online and agree to the terms and conditions set out herein;

1.4.3   be registered with the Bank to use the Services and taking all necessary steps that the Bank may advise you to complete the registration process; and

1.4.4   comply with the terms and conditions of the Credit Card and Account Agreement (as may be applicable) and all other applicable laws, regulations, rules and the policies of f City Bank PLC. as may be framed and notified from time to time.

1.5   User Guidance and additional terms and conditions on the operation of the Services is or may be available at www.thecitybank.com. The Bank may notify you from time to time about changes the user guidance of the Services.

1.6   The Bank may, at its sole discretion, utilize the services of the external service provider/s or agent/s and on such terms as required or necessary, in relation to its products/services.

1.7   The Bank shall be entitled to suspend or terminate the Services and to vary the services available through the use of Digital Financial Channels or the operating hours of any such service at any time at its sole and absolute discretion without assigning any reason and without prejudice to any of its rights of action for any antecedent breach of these terms and conditions by you. Termination will not affect your liability or obligations in respect of Instructions processed by the Bank on your behalf.

2.  INTERPRETATIONS

Some words and expressions used in this Agreement have particular interpretations as follows:

2.1   “We/Us/Our/Bank” means City Bank PLC. and includes its successors-in-interest and permitted assignees.

2.2   “You/Your/Customer/User” means you, the customer(s), who applied to use and/or use the Services and includes your successors, heirs, legal representatives, administrators, and permitted assignees.

2.3   “Eligible Accounts” means the Credit Card account(s) held by you with the Bank and/or any other applicable accounts, including but not limited to savings, current, fixed deposit, loan or other accounts as determined by the Bank to be eligible to conduct Transactions on the Account using the Services under the Digital Financial Services.

2.4   "Designated Electronic Mail Account" means the electronic mail account specified by you on the subscription form or upon registration for the Service by such other means and in the absence of such details, any electronic mail account you provided in connection with your use of the Bank's services, or such other electronic mail account which you may designate to the Bank from time to time for the purposes of receiving electronic mails in relation to your use of the Services, as the case may be.

2.5   "Designated Mobile Number" means the mobile number specified by you on the subscription form or upon registration for the Service by such other means and in the absence of such details, any mobile number you provided in connection with your use of the Bank's services, or such other mobile number which you may designate to the Bank from time to time for purposes of communications in relation to your use of the Services, as the case may be

3.  DEFINITIONS

3.1   “Service" means Citytouch-Digital Banking Services

3.2   "Applicant" means a person who has signed the Citytouch Digital Banking Enrollment Form forCitytouch Services or applied for Citytouch Digital Banking registration through online.

3.3   "User ID" means a User ID preferred by the applicant or assigned by the system for the Citytouch Services

3.4   "Password and/or PIN" means a code selected by the applicant to access Citytouch

3.5   "OTP" means a one-time password required for financial transaction in Citytouch System

3.6   "QR Code" or a Quick Response Code is a type of barcode that is read by Citytouch system used to process customer payment

3.7   "Card PIN" means a security code for personalized use while doing transaction using card

3.8   “Device ID” means unique identification number related to any handheld (smartphone or any other similar device). This is used to identify user with specific device and its applications, track user behavior and to locate region used by device. Device ID is separate from device serial number and only generates since the device starts for the first time and remain same till the life time.

3.9   “Device ID Binding” means connecting a trusted/registered device using software token/OTP to validate user authentication during transaction. This validation process is mandatory for all e-commerce transaction when card is being used virtually.

4.  SERVICES CONDITIONS: CITYTOUCH DIGITAL BANKING

The applicant may utilize Citytouch for the services Bank may introduce time to time by maintaining below conditions:

4.1   Your use of the Citytouch Digital Banking Services shall be governed by the Bank's prevailing terms and conditions, available in the Bank's website at www.thecitybank.com which forms integral part of these terms and conditions. When you use the Citytouch Digital Banking Services, you must comply with the terms & conditions and other applicable terms relating to your Account, Banking Services, Third Party Accounts and the terms of the Credit/Debit/Charge Card Agreements. By signing the Subscription/Enrollment Form and/or by activating and using the Citytouch services online, it is declared that you have read and fully understood the terms and conditions and accept the same.

4.2   You instruct and authorize the Bank to email you/send to your registered mobile number with the Bank, the Citytouch Digital Banking User ID and Password (collectively 'Security Codes') relating to your access to the Citytouch Digital Banking Services to the Designated Email Address/Mobile Number (as per subject to condition). You also instruct and authorize the Bank to send your Citytouch Digital Banking One Time Password (‘OTP’) to your Designated Mobile Number/Email address, as recorded in core banking system of The Bank as per your instruction, relating to any fund transfer from your account.

4.3   Subject to the Bank's prevailing terms & conditions governing the use of the Services you hereby authorize and instruct the Bank to act on any instructions received through the use of Security Codes and OTP, including but not limited to the transfer of funds (subject to limits as may be imposed by the Bank from time to time) from your account(s)/cards with the Bank (which you are entitled to operate on a single/either or survivor signatory basis) to the third party accounts named under the heading 'Beneficiary Accounts', above, and, to any account/card which you may designate from time to time, for this purpose under the Bank's prevailing procedures.

4.4   In case of Single account and also the joint account with single/either or survivor mode of operation, you will have the authority to do transaction through Citytouch as per rules & policy of the Bank.

4.5   In case of retail CASA or JOINT account, both mandate or seizing of signature can be changed upon client written request through any Branch and at one go Branch will inform Citytouch authority regarding request of mandate or seizing of signature of the respective Account. Branch will also process to delete such Citytouch ID.

4.6   You solely or jointly do hereby undertake that if any fraud or misconduct occurs regarding any transaction through Citytouch, in that case, You, do hereby unconditionally, absolutely and irrevocably declare and undertake that You will be solely under obligation to mitigate any loss/damage arising out of such transaction, and you will bear all losses and expenses and the Bank will not be responsible under any circumstances whatsoever and transaction amount interest/charge/costs will be repaid from Your own sources.

4.7   These Terms and Conditions shall be binding upon and to the benefit of us (CASA/Cards/Citytouch A/c: Holders) and our respective legal representatives, successors and assigns. These Terms and Conditions are not for the benefit of any other person, and no other person shall have any right Against the Bank hereunder.

4.8   These Terms and Conditions shall be construed in accordance with and governed by the laws of Bangladesh.

4.9   You shall comply with and be bound by all other relevant internal circulars, policies, rules and regulations of the Bank including any amendments made thereto from time to time in order to comply with Anti-Money Laundering laws, Anti-Terrorist Financing laws and any other laws or regulations as may be imported upon the Bank by the Bangladesh Bank and/or other concerned authorities.

4.10   You shall be able to complete your Citytouch registration using Online from Citytouch web portal using the link: https://icitytouch.thecitybank.com/CityBank/signup You can also download Citytouch app from authorized app stores (android, iOS). Online registration is applicable for both account holders and credit card holders of City Bank. Citytouch subscription using application form is also applicable for you and can complete the process by visiting any City Bank branch. City Bank approves both the registration process as a means of Citytouch enrollment.

4.11   You must update your Citytouch as and when CBL induces in different app stores. Having knowing the risk of not updating and/or lingering the update request may hamper your online banking security. City Bank will not be liable for any such incident happened due to delaying in accepting the CBL provided system updates. You hereby acknowledge the inherent risk and will comply accordingly.

4.12   You will always adhere all rules/directives/circulars/promotions/suggestions regarding Citytouch. City Bank may reach you through email, SMS, EDM, letters or any other medium to conform.

4.13   To enroll into Citytouch Digital Banking, you give your consent to avail City Bank SMS alert service and its applicable charge as per policy of the Bank.

4.14   You must update your handheld (smartphone or any other related device) as primary device everytime while download and install Citytouch app from authorized app stores. This process of device binding is mandatory for all Citytouch app users. You also agree to follow new app login process for each primary device registration.

4.15   Bank shall not be liable for any penal charge that might incur due to system dependency, third party service providers system failure etc. In such cases customer shall bear the financial loses.

5.  SERVICE UTILIZATION:

The applicant hereby acknowledges, accepts and agrees as follows:

5.1   To comply with service manual provided by the Bank in the form of any communication on the Bank's website or any other form as the Bank deems appropriate, and that will be considered as the integral part of the terms and conditions;

5.2   Any activity performed with the use of User ID and Password/PIN or OTP belonging to the applicant according to the procedure and conditions for utilization as prescribed by the Bank shall be considered an activity performed by the applicant and shall be binding on the applicant without the applicant having to sign any documents;

5.3   To keep user ID, password/PIN/OTP confidential and not to disclose them to any person;

5.4   That in the event any other person gains knowledge of the password/PIN/OTP, the applicant shall immediately give notice of cancellation to the Bank and request a new password in accordance with the procedures prescribed by the Bank;

5.5   That the applicant may view information and perform transaction through Citytouch 24/7, for transfer of funds in to deposit accounts of other individuals and for certain activities and transactions which can be performed during working days set by the Bank;

5.6   That the Bank has prescribed the maximum amounts per transaction and per day for each type of transactions effected via this service and the applicant may adjust any such maximum amounts through the channel used for this service or any other channel as may be specified by the Bank;

5.7   That any transfer of funds by the applicant shall only be made from eligible accounts/cards;

5.8   The applicant understands that payments can be made by QR transaction by the use of QR Merchant function without logging into Citytouch application. The Bank shall not be held liable for any misuse or negligence of such feature to make QR transactions.

5.9   The applicant acknowledges that each service provided by the Bank via this service is governed by the provisions, terms and conditions relating to such service which can be viewed by the applicant at any time at the application and the applicant agrees to be bound by the said provisions, terms and conditions in all respects;

5.10   That with regard to stopping payments of cheques via Citytouch, the Bank will take stop payment order and proceed promptly, and such stop payment order will take effect immediately from the time the Bank receives such order. If payment on the cheque cannot be stopped due to unavoidable circumstances or technical difficulties, the applicant will not demand that the Bank be responsible for any loss or damage that may occur;

5.11   That the Bank may not be able to provide this service temporarily in cases where the computer system, equipment, communication system or network relating to Citytouch are damaged, or under repair or maintenance, or where the services are unavailable due to a forced majeure event;

5.12   That the Bank reserves the right to change any terms and conditions as well as the service fees. Any such changed shall be announced by the bank at the office/branch or website of the Bank. In case of change of the service fees, the Bank shall announce or inform the applicant as per the procedure.

5.13   That if the applicant finds an error in this service or has any question about the account activities, the applicant shall provide the Bank with details thereof for Bank's investigation. The Bank shall inform the applicant of the result of such investigation within the SLA from the date the Bank receives notice of such error or question.

5.14   In utilizing Citytouch via Citytouch application installed on the applicants' mobile phone or any other communication device, the applicant agrees to the Bank's verification of any relevant information; the applicant acknowledges that the applicant may be at risk in utilizing the service if the operating system of the applicants' mobile phone or any other communication device is not working correctly or the device is below standard.

6.  BANK’S RESPONSIBILITY:

The Bank will be responsible for any loss or damage arising from the Bank's willful misconduct and gross negligence, to the extent that such loss or damage is ordinarily incurred and shall not be liable for any loss or damage that occurs under special circumstances. However, the applicant agrees that the Bank shall not be responsible for any loss or damage resulting from the following cases/events

6.1   The use of User ID and Password/PIN, or OTP or the use of mobile according to the procedure prescribed by the Bank regardless of whoever has performed such act;

6.2   Force majeure event or events that are not under the Bank's control including failure of equipment or communication systems, inoperative connection signals, computer virus, unlawful acts or in the case where the Bank suspends this service for the purpose of system upgrade or maintenance, which prevent the applicant from using the service;

6.3   Delay or error caused by, or deficiency of, computers or equipment’s of the applicant, internet service provider or any other communication network, the Bank shall be responsible for such delay, error, or deficiency provided that those are being caused by the Bank's willful misconduct or gross negligence

6.4   Delay caused by the process of the Service;

6.5   Non-compliance by the applicant of these terms and conditions or any provisions, terms and conditions of any service utilized by the applicant via this service.

7.  FEES:

The applicant agrees to pay the annual fees, service fees, and other expenses relating to the use of this service and other services utilized by the applicant via Citytouch at the rates announced by the Bank. The applicant agrees that the bank may deduct any amount from the primary deposit account or any account/card of the applicant for the payment for the said fees and expenses.

8.  DISCLOSURE OF INFORMATION:

The applicant agrees that the Bank may make inquiry about, keep, collect, use, disclose, or give, certain or all information relating to the applicant as the Bank deems necessary and appropriate or deems beneficial to the applicant for the purpose of receiving proposals on other services.

9.  TERMINATION OF SERVICE:

9.1   The Bank may terminate this service at any time without having to notify the applicant in the case where;
(1)   The applicant has not accessed this service for a period of more than one year from the date of completion of the application process or form the date of the last access to this service by the applicant; or
(2)   For any reason, the Bank is unable to deduct any amount from the applicants' deposit account/card to pay for the annual fee or service fees.

9.2   The Bank may terminate Citytouch without having to informed the applicant in advance

9.3   The applicant may terminate the use of this service anytime by duly filling up the prescribed form Bank has introduced and such application shall be executed no later than 15 working days.

10.  DISCLAIMER

10.1   Due to the nature of the Services, no oral or written information or advice given by the Bank or the Bank's employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice. Bank shall not be liable for any loss, damages or expenses that you may or shall incur, including without limitation, any loss or damage caused to data, software, computer, telecommunications equipment or other equipment in connection with the Services unless they are caused solely and directly by gross negligence or willful default of Bank.

10.2   To the extent permitted by applicable laws, the bank shall not be responsible or liable for any direct, incidental, consequential, indirect damages (including loss of profits, loss of opportunity, loss of savings’ and business interruption) or special or exemplary damages (incurred or suffered by you or any other person as a consequence of using the services).

10.3   The Bank reserves the right to refuse or discontinue the Instructions for the following events: (a) the insufficiency of your outstanding credit balance, (b) non-existence or suspension of any Bank’s credit line granted to you, (c) transaction with the Bank which may lead to an excess of the credit line originally agreed between the Bank and you, (d) transaction which is related to or become a dispute pending the court’s trial, (e) notice of the Bank informing you of any operation irregularity which arises prior to or at the time of the Bank’s execution of the transaction, you fail to perform or comply with any terms or agreements with the Bank or a consequence of Act of God.

10.4   You acknowledge that electronic mails sent by the Bank are/may not be encrypted; and the use of and transmission of information via electronic mail and/or the Internet cannot be guaranteed to be secure; and information transmitted may be susceptible to errors, viruses, delay, interception, modification or amendment by unauthorized persons.

10.5   You shall be bound by the schedule of charges bank may introduce from time to time for specific services or relevant services associated with your accounts.

FROM TIME TO TIME, BANK MAY NEED TO REVISE THESE TERMS AND CONDITIONS, IN WHICH CASE BANK WILL POST THE REVISED TERMS AND CONDITIONS ON ITS OFFICIAL WEBSITE OR NOTIFY BY CORRESPONDENCES. IF YOU CHOOSE TO CONTINUE USING THIS SERVICES AFTER ANY REVISION TO THESE TERMS AND CONDITIONS, YOU SHALL BE DEEMED TO HAVE ACCEPTED THE REVISED TERMS AND CONDITIONS ACCORDINGLY. IF YOU CHOOSE NOT TO ACCEPT THE REVISED TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND/OR USE OF THE SERVICES.

The following paragraph shall be undertaken by the Customer:

I/We confirm that the information given above is true and complete and agree to comply with the terms and conditions stated in the attached Agreement for Digital Financial Services Payment Agreement (if applicable) and also agree to comply with the rules governing customer accounts with City Bank PLC. This agreement shall apply to each and every account/product of whatever nature hereinafter opened or continued in the same name(s) by the Bank its successors or assigns. I/We hereby acknowledge that we have read and understood the terms and conditions related to the above service request mentioned in the Citytouch Digital Banking Enrollment Form/T&C and agreed to comply with them. I/We also hereby acknowledge that, we are fully aware of the associated risks of using of digital channels for any types of financial and non-financial transactions and also agreed to bear that risk. I/We also accept that, use of the digital channels services is subject to compliance of prevailing regulations and schedule of charges/pricing of CITY BANK PLC. (“The Bank”).