Terms and Conditions(Internet Banking)

Please read and understand these terms and conditions carefully before you access to the website and/or use the Services therein.
These Terms and Conditions (hereinafter referred to as Agreement"), unless otherwise amended and notified by the Bank from time to time, set out the rights and obligations of you as the customer, and us as the Bank, in connection with your use of the services under City Touch (HEREINAFTER ALSO REFERRED TO AS THE 'SERVICES HEREIN') and your access to the citytouch.com.bd WEBSITE (HEREINAFTER REFERRED TO AS 'THIS WEBSITE') which is an Internet Banking Service provided by The City Bank Limited to its eligible customers, in order to enable them to electronically access and use their Accounts and other banking facilities, products and services as made available by CBL and City Manarah-Islamic Banking.
Notwithstanding anything contained herein, you agree and acknowledge that although this Terms and Conditions regulate your access of this website and use of the services herein, the said services shall also be subject to the applicable terms and conditions of any agreements which may govern the subscription and use of the same, Account Opening Forms, City Touch enrolment form and any instructional material or User Guide(s) provided by CBL or City Manarah-Islamic Banking to you as well as any other terms, conditions and provisions which CBL or City Manarah-Islamic Banking may prescribe from time to time. As such, this Terms and Conditions shall be read in conjunction with the terms and conditions of those agreements as may be applicable. Should there be any conflict between this Terms and Conditions and the terms and conditions of those applicable agreements, the latter shall prevail.

IN CONSIDERATION OF THE BANK AGREEING AT YOUR REQUEST TO PROVIDE YOU WITH THE USE OF SERVICES AND YOUR ACCESS TO THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO THIS WEBSITE AND/OR USE OF THE SERVICES HEREIN 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 WEBSITE AND YOU AUTHORIZE THE BANK TO FOLLOW/ACT ON YOUR INSTRUCTIONS OVER INTERNET AND/OR OTHER MEANS. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL OF THESE TERMS & CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS OF THIS WEBSITE AND/OR USE OF THE SERVICES HEREIN.


1. Definitions

This website and the services herein are operated, administered, maintained and developed by The City Bank Limited ("We", us" or our", as the case may be) and its authorized third party vendors. Your access of this website and use of the services herein are governed by this Terms and Conditions including any amendments made thereto and any other additional operating policies which we, at our sole discretion, may impose from time to time.

1.1 Agreement" means the terms and conditions of the City Touch Internet Banking Agreement herein, as may be varied from time to time.

1.2 Business day" means a day in which The City Bank Limited is open for business in Bangladesh.

1.3 Account" means one or more of your savings, current, fixed deposit, General Investment Account, Mudharabah account, Foreign Currency Account, loan/Financing, credit card, investment or any other account(s) as may be accessed through City Touch as may be determined by The City Bank Limited and City Manarah-Islamic Banking from time to time.

1.4 Banking Services" refers to the facilities, products and services as identified herein or as may be provided by CBL, City Manarah-Islamic Banking and/or its subsidiaries and affiliates from time to time via the Internet.

1.5 CBL" means The City Bank Limited and includes its subsidiaries and its successors in title and assigns and where applicable any of them.

1.6 City Manarah-Islamic Banking" means The City Bank Limited's Islamic Banking Service and includes its subsidiaries and its successors in title and assigns and where applicable any of them.

1.7 City Touch" means the Banking Services offered by CBL, the services of which may be accessed by you via the Internet or any other electronic medium approved by CBL or City Manarah-Islamic Banking in accordance with the terms and conditions of this Agreement.

1.8 PIN" means the six digit Personal Identification Number selected by you via an application made at an Automated Teller Machine and which is to be keyed in by you during the first time registration process on City Touch, in order to allow CBL to identify you as part of the registration procedure.

1.9 Internet Banking Password" means the personal password that you select to access City Touch and subsequently for each time you log on to City Touch, in order to allow CBL's Internet Banking system to associate it with your CRN and City Touch User ID for verification and authentication purposes prior to granting you access to City Touch.

1.10 Transaction Authorization Code" (TAC) is a security feature that has been implemented to provide second layer of protection for online banking transactions, in addition to your City Touch login Username and Password. It is a unique code that needs to be entered for specific online transactions.

1.11 City Touch User ID" means a unique name selected by you during your first time registration to City Touch, consisting of no less than six (6) and no more than thirty two (32) alphanumeric characters which must be keyed in by you every time you log on to City Touch, to allow CBL's Internet Banking system to associate it with your CRN and PIN for verification and authentication purposes in order to grant you access to City Touch.

1.12 CRN" means the sixteen digit number of an Automated Teller Machine ("ATM") Card or Credit Card as assigned by CBL or City Manarah-Islamic Banking in relation to your Account, as you may have or as may be opened by you, with CBL or City Manarah-Islamic Banking and which must be keyed in together with your PIN for your first time registration with City Touch.

1.13 Instructions" means any request, application, authorization or instructions in whatever form given or transmitted through City Touch to CBL or City Manarah-Islamic Banking by you or any other persons purporting to be you, whether authorized or unauthorized.

1.14 Loss" means any and all losses, damages (financial and otherwise), injuries, embarrassments, costs, charges and/or expenses of whatsoever nature, including legal fees on a full indemnity basis.

1.15 Officer" means any director, officer, employee or servant of CBL or City Manarah-Islamic Banking Service.

1.16 Payee Corporations" means the corporations approved by CBL or City Manarah-Islamic Banking to which Payment can be made as may be added and varied from time to time and displayed under 'Payee List' on City Touch.

1.17 Payment" means the payment by you of any bills or any other payment demands received by you from Payee Corporations.

1.18 Transfers" means the transfer of funds within your own CBL or City Manarah-Islamic Banking Accounts or a third party Account maintained by CBL or City Manarah-Islamic Banking or any other transfers as maybe made available by CBL or City Manarah-Islamic Banking from time to time.

1.19 you", your" or yourself" means CBL's or City Manarah-Islamic Banking customer in whose name one or more Account is held by CBL or City Manarah-Islamic Banking and each person who uses or is authorized to use a City Touch PIN, Internet Banking password and a City Touch User ID or other means of access as may be established or approved by CBL.

2. Application and Enrolment To City Touch

2.1 Subject to the terms and conditions herein, City Touch is made available for application and enrolment to customers, which have one or more existing Accounts with CBL or City Manarah-Islamic Banking.

2.2 Non-Account holders may enroll for City Touch only after physically opening an Account with CBL or City Manarah-Islamic Banking.

2.3 Accounts which require two or more signatories to make transfers, withdrawals and other transactions will not be eligible for City Touch.

2.4 To enroll for City Touch, you would be required to have an ATM Card and an PIN. The PIN is utilized one time only during registration where you will proceed to nominate an Internet Banking password. Subsequently, you will access City Touch using your Internet Banking password.

2.5 Existing customers who do not own an ATM Card, must first apply for an ATM Card in relation to their existing Account with CBL or City Manarah-Islamic Banking at a branch of CBL or City Manarah-Islamic Banking whereby you will, upon successful application, be issued with an ATM Card.

2.6 The PIN may be applied for at a CBL or City Manarah-Islamic Banking ATM in accordance with any procedures and directions as may be prescribed by CBL or City Manarah-Islamic Banking from time to time. This is a 6-digit numeric PIN of your choice.

2.7 Any application to enroll for City Touch and access thereto, will be subject at all times to CBL's and City Manarah-Islamic Banking's sole and absolute discretion and CBL or City Manarah-Islamic Banking reserves the right to accept or reject an application, to deny your ability to access City Touch, to limit your access or transactions or to revoke your access to City Touch without being obliged to provide any reason of such rejection or to respond to any request for information from yourself.

3. Procedure for Enrolment and Access to City Touch

3.1 To enroll for City Touch, you would be required to enter your CRN and your PIN, obtained from any CBL or City Manarah-Islamic Banking ATM for validation. This has to be done only at the official CBL consumer Internet Banking website located at the public URL www.citytouch.com.bd

3.2 Upon successful validation of your CRN and PIN, you will be required to select and key in your preferred City Touch User ID that will enable your continued access and use of City Touch. You will then be prompted to key in a preferred 8-character, alphanumeric password. Your Internet Banking password must be alphanumeric.

3.3 You may also be required to provide CBL with certain Customer information as may, in CBL's sole opinion, be required in order to effectively provide the Banking Services which may include, inter alia, your name, address, Date of birth, contact number and e-mail address. This information will be kept private and not be passed on to any third party and is retained only by CBL or City Manarah-Islamic Banking for it's own purpose including marketing our respective financial services and profiling.

3.4 After completion of the steps in 3.1, 3.2 and 3.3 above and the on screen confirmation by you of the details so provided, your access to City Touch will, subject to Clause 2.6 above, be activated.

3.5 Subsequent to your successful enrolment to City Touch pursuant to Clause 3.4 above, you will be required to key in your City Touch User ID and your Internet Banking password for each time you log on to City Touch.

3.6 You agree and acknowledge that CBL has the right to invalidate your City Touch User ID and your Internet Banking Password without prior notice and without being obliged to provide any reason for such invalidation or to respond to any request for information from yourself. Further you agree and acknowledge that you shall not hold CBL or City Manarah-Islamic Banking liable for any Loss, which you may suffer as a result of such invalidation.

4. Responsibility for CRN, PIN And City Touch User ID

4.1 You agree and acknowledge that you shall at all times keep your PIN, Internet Banking Password, TAC and City Touch User ID confidential and shall not share or disclose your PIN, Internet Banking Password, TAC and City Touch User ID to any person whatsoever, including any Officers of CBL or City Manarah-Islamic Banking.

4.2 You shall, at all times, observe all security measures as may be prescribed by CBL or City Manarah-Islamic Banking in relation to your City Touch e-PIN, Internet Banking Password, TAC and City Touch User ID and further, you shall take all reasonable precautions necessary to ensure that no other persons have or will be granted access to your City Touch e-PIN, Internet Banking Password, TAC, City Touch User ID and Hardware Token and such precautions may include, among others, immediately memorizing the City Touch e-PIN, Internet Banking Password, TAC and City Touch User ID and destroying any envelope or document on which it is stated (if any), not retaining the City Touch e-PIN, Internet Banking Password, TAC and City Touch User ID in any form except in memory, not leaving your Personal Computer and/or Hardware Token unattended whilst accessing City Touch and ensuring that others do not see your entering of the City Touch PIN, Internet Banking Password, TAC and City Touch User ID upon access to City Touch as well as ensuring you properly log off from City Touch upon completion of your use thereto.

4.3 You agree that you shall, at all times, be responsible for all access and/or use of City Touch made via your PIN, Internet Banking Password, TAC and City Touch User ID whether it was in fact made by you or by any other person(s) purporting to be you.

4.4 If you discover or have reasonable grounds to believe that your CRN, PIN, Internet Banking Password, TAC and City Touch User ID has been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorized transaction has taken place or is otherwise not intended for you, you shall immediately notify CBL or via telephone at its Call Center specified in Clause 13.1. For the avoidance of doubt, all telephone calls made to CBL's Call Center shall be logged by CBL.

4.5 Subject to Clause 4.7, until CBL or City Manarah-Islamic Banking receives and logs such notification under Clause 4.4 above, you shall be liable for all such transactions, which are conducted through City Touch via your CRN, City Touch PIN, Internet Banking Password, TAC and City Touch User ID, whether or not the same were conducted or authorized by you. For the avoidance of doubt, you shall be liable for all such transactions conducted through City Touch up to the point of time notification is made and logged pursuant to Clause 4.4 above, or otherwise, up to the point of time notification is supposed to be made, which for the avoidance of doubt, is immediately upon you discovering or having reasonable grounds to believe that your CRN, PIN, Internet Banking Password, TAC and City Touch User ID has been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorized transaction has taken place or is otherwise not intended for you. Where such notification is delayed for any reason, you shall in addition to being liable for all transactions conducted up to the above referred point in time, be liable for the actual loss which occurred after the said point in time, until the actual notification made by you is received and logged by CBL or City Manarah-Islamic Banking subject to Clause 4.8 below.

4.6 Upon CBL's receipt of your notification made pursuant to Clause 4.4 above, you agree and acknowledge that CBL may, at its sole right and discretion, suspend your access to City Touch until a new CRN is provided for and/or a new PIN, Internet Banking Password, TAC and City Touch User ID is issued or applied for and/or such reported/unreported discrepancies are resolved by CBL.

4.7 Notwithstanding anything contained herein and for the avoidance of doubt, where the unauthorized use of your CRN, City Touch PIN, Internet Banking Password, TAC and City Touch User ID is due to your actions, fraud, disclosure, abuse or misuse, which are deliberate, you shall be liable for such use even if a notification is made pursuant to Clause 4.4 above.

4.8 Further and notwithstanding Clause 4.5 above, where you have contributed to a loss resulting from an unauthorized transaction by delaying notification under Clause 4.4 above, you shall, subject to Clause 4.7, be liable for the actual loss which occurred during the period of such delay, except for:-

4.8.1 That portion of the loss incurred on any one day which exceeds the daily transaction limit applicable to the relevant Account; or

4.8.2 That portion of the total loss incurred which exceeds the amount of funds standing in your Account.

4.9 In addition, you are responsible for your own personal computer anti-virus and security measures to prevent unauthorized access to your transactions and accounts via the service. You must follow any other security rules prescribed by us whether in the Website, under any other agreement with us, or otherwise notified to you by us in any way.

5. INSTRUCTIONS AND AUTHORISATIONS

5.1 You shall, at all times, be responsible for all Instructions transmitted to CBL or City Manarah-Islamic Banking via your CRN, PIN, Internet Banking Password, TAC and City Touch User ID regardless of whether they were made by you or someone purporting to be you and you hereby agree and acknowledge that CBL or City Manarah-Islamic Banking would be entitled to rely on and treat any Instructions made, submitted or effected pursuant to the use and entry of your CRN, PIN, Internet Banking Password, TAC and City Touch User ID as having been made, submitted and effected by you and accordingly, CBL or City Manarah-Islamic Banking shall not be responsible or liable for any Losses which you may suffer, whether directly or indirectly, as a result of the same.

5.2 All Instructions transmitted to and/or received by CBL or City Manarah-Islamic Banking through your CRN, PIN, Internet Banking Password, TAC and City Touch User ID shall be deemed as regular and genuine Instructions made by you. For the avoidance of doubt, CBL or City Manarah-Islamic Banking is under no obligation to verify the said Instructions with you to determine its authenticity but CBL or City Manarah-Islamic Banking may, at its sole right and discretion, do so for its own purposes.

5.3 Subject to Clause 5.6, all Instructions transmitted via your CRN, PIN, Internet Banking Password, TAC and City Touch User ID shall be irrevocable and binding on you upon transmission.

5.4 You shall be solely responsible for the security and care of the Hardware Token used to generate the TAC. Any loss or theft of the Hardware Token must be promptly notified to CBL or City Manarah-Islamic Banking at the address stated herein and you shall remain responsible for any unauthorized transactions which took place as a result of the loss or theft.

5.5 You hereby authorize CBL or City Manarah-Islamic Banking to accept and act upon any Instructions made by you in respect of City Touch including but not limited to withdrawal(s), transfer(s) or to otherwise deal with your Account(s) without any further authority. Further, you agree and acknowledge that subject to CBL or City Manarah-Islamic Banking having received notification from you pursuant to Clause 4.4 herein, CBL or City Manarah-Islamic Banking will be deemed to have been duly authorized by you to accept and act upon Instructions to CBL or City Manarah-Islamic Banking made via your CRN, PIN, Internet Banking Password, TAC and City Touch User ID whether or not such Instructions were in fact made by you or any other person(s) purporting to be you.

5.6 Subject to Clause 5.6 below, if you discover or have reason to believe that the Instructions transmitted to or received by CBL or City Manarah-Islamic Banking are neither accurate nor complete, you shall inform CBL or City Manarah-Islamic Banking immediately via telephone at its Call Center specified in Clause 13.1 herein. For the avoidance of doubt, all telephone calls made to CBL's Call Center shall be logged by CBL.

5.7 CBL or City Manarah-Islamic Banking shall not be obliged to act on any request to cancel, revoke, reverse or amend any Instructions for Payment or Transfer or any other Instructions after it has been transmitted by you to CBL or City Manarah-Islamic Banking. CBL or City Manarah-Islamic Banking, however, may at its sole discretion, cancel, revoke, reverse or amend an earlier Instruction if your request to cancel, revoke, reverse or amend the same is received and effected before the earlier Instruction is executed. For the avoidance of doubt, CBL or City Manarah-Islamic Banking may levy a charge upon the Customer for doing so.

5.8 CBL or City Manarah-Islamic Banking reserves the right to refuse and or suspend any of your request to carry out any of your Instructions or transactions for any period of time and or request for further verification and or authentication from you before determining whether to carry out any of your Instructions or transactions ('the CBL's actions') based on any reason whatsoever including but not limited to (i) where your Instructions or transactions are in violation of any laws or any terms and conditions herein (ii) where your Instructions or transactions are inconsistent with any of CBL's or City Manarah-Islamic Banking's policies or rules and regulations (iii) where your Instructions or transactions have triggered or set in motion the relevant CBL's actions arising from the findings of the ‘Risk Control Manager‘ system (‘the RCMS') , a system put in place by CBL and or City Manarah-Islamic Banking (which is based on your past transactions record) to secure and or safe guard your transactions from being affected by any unauthorized transactions . In connection with the implementation of the RCMS in respect of all your Instructions and or transactions , you hereby agree (a) that the findings of the RCMS and the CBL's actions shall be deemed as final , binding and conclusive against you; and (b) not to hold CBL or City Manarah-Islamic Banking in any way responsible or liable to you in respect of any and all claims, actions, proceedings, damages, loss, costs, expenses and any other whatsoever charges which may be incurred or suffered by you or made or taken against you in connection with or arising out of the RCMS findings and or the CBL's actions and or any claims by you that the RCMS has failed to stop or prevent any unauthorized transactions.

5.9 Subject to Clause 16.5, in the event that CBL or City Manarah-Islamic Banking decides to act upon and/or carry out any Instructions or is otherwise under an obligation to act upon and/or carry out any Instructions, CBL or City Manarah-Islamic Banking shall be allowed such amount of time to act upon and implement any Instructions as may be reasonable having regards to the systems and operations of CBL or City Manarah-Islamic Banking and any other circumstances then prevailing and accordingly, CBL or City Manarah-Islamic Banking shall not be responsible or liable for any Loss arising from any delay on the part of CBL or City Manarah-Islamic Banking in acting upon and/or carrying out any such Instructions.

5.10 Where any Instruction is ambiguous and/or inconsistent with any other Instructions, CBL or City Manarah-Islamic Banking shall be entitled to rely and act upon such Instruction in accordance with any reasonable interpretation thereof which any Officer believes in good faith to be the correct interpretation of the same or refuse to act until CBL or City Manarah-Islamic Banking receives a fresh Instruction(s) in such form and manner as is required by CBL or City Manarah-Islamic Banking.

5.11 Any Instructions received from one Account holder of a joint Account which can be operated by a single signing authority will be deemed to be genuine and regular Instructions pertaining to that joint Account and CBL or City Manarah-Islamic Banking shall be entitled to act on, rely upon and execute such Instructions without any liability to the other Account holder(s) or to any other persons, in relation thereto.

5.12 Without prejudice to Clause 5.10, where prior to acting on Instructions from any of the Account holder(s) of a joint Account as referred to in Clause 5.10 above, CBL or City Manarah-Islamic Banking receives contradictory or inconsistent Instructions from any other Account holder, CBL or City Manarah-Islamic Banking shall be entitled (but not obliged) to thereafter only act on the mandate of all the Account holders in relation to the Account in question notwithstanding that any relevant existing Instructions specify otherwise.

5.13 All Instructions given and transactions effected or made by you on any day after the time stipulated by CBL or City Manarah-Islamic Banking as the latest time by which such Instructions or transactions should be effected or made may, at the election of CBL or City Manarah-Islamic Banking, be treated as Instructions or transactions given, effected or made on the next Business day immediately following that day.

6. Services under City Touch

6.1 Subject to the terms and conditions of this Agreement and any other terms and conditions as may be relevant to a particular Banking Service, and subject to you having and maintaining the relevant Account(s) pertaining to any transactions made through City Touch, CBL and City Manarah-Islamic Banking offers you with the following Banking Services (as applicable):-

6.1.1. Accounts' Summary:

6.1.1.1 All CASA Accounts, Loan Accounts, Term Deposits

6.1.1.2 Account Statements

6.1.1.3 E-Statements


6.1.2. Cheque Status Inquiry:

6.1.2.1 Cheque Status


6.1.3. Fund Transfer:

6.1.3.1 Within City Bank Accounts

6.1.3.2 Outside City Bank Accounts


6.1.4. Information:

6.1.4.1 Customer's Information

6.1.4.2 Interest Inquiry

6.1.4.3 Request Brochure

6.1.4.4 Tariff of Charges

6.1.4.5 Foreign Exchange Related Queries

6.1.4.6 Bank's Rates

6.1.4.7 New Product Launch


6.1.5. Service Request:

6.1.5.1 Statement Frequency Change Request

6.1.5.2 Change Login Password

6.1.5.3 Change Transaction Password

6.1.5.4 Activity Report

6.1.5.5 Cheque Book Request

6.1.5.6 Single Cheque Stop Request

6.1.5.7 Multiple Cheque Stop Request


6.1.6. Cards:

6.1.6.1 Credit Cards' Summary

6.1.6.2 Credit Card Payment

6.1.6.3 Card Activity

6.1.6.4 Block Credit Card


6.1.7. Bills Pay:

6.1.7.1 Mobile Bill Payment

6.1.7.2 Internet Bill Payment

6.1.7.3 Membership Fee

6.1.7.4 Insurance Premium

6.1.7.5 Tuition Fee Payment

6.1.7.6 Utility Bill Payment

6.1.8 Any other new Banking Service(s) as maybe offered by CBL, City Manarah-Islamic Banking, or its subsidiaries, affiliates or other third parties from time to time. By using these new Banking Service(s) as they become available, you agree to be bound by this Agreement in relation to these new Banking Service(s) in so far as it is applicable.

6.2 Where new Banking Service(s) are introduced pursuant to Clause 6.1.8 above, you agree and acknowledge that by utilizing such new Banking Service(s) you shall be bound by the terms and conditions in force governing such new Banking Service(s).

6.3 For the avoidance of doubt and notwithstanding anything contained in this Agreement, you agree and acknowledge that CBL or City Manarah-Islamic Banking reserves the sole right and discretion to limit, cancel or suspend any or all of the Banking Services herein in whole or in part at any time without giving any reason or explanation of the same and without incurring any liability whatsoever to you for doing so. Further thereto, CBL or City Manarah-Islamic Banking may also add, withdraw or change the types of transactions that may be available or carried out through these Banking Services.

7. ACCOUNT INFORMATION

7.1 You agree and acknowledge that any information pertaining to your Account(s) as reported through City Touch may not necessarily reflect or indicate transactions that are yet to be processed and updated and therefore, should not be taken as conclusive of your Account balance and transaction history with CBL or City Manarah-Islamic Banking.

8. TRANSFERS AND PAYMENTS (Including Fund Transfer, Bill Payment, etc.)

8.1 You agree and acknowledge that Transfers and Payments are not final upon receipt of your Instructions.

8.2 CBL or City Manarah-Islamic Banking may, at its sole right and discretion, request for any additional verification and/or information prior to the execution of any Transfer or Payment Instructions. For the avoidance of doubt, CBL or City Manarah-Islamic Banking shall not be responsible or liable for any Loss which you may suffer, whether directly or indirectly, as a result of CBL's or City Manarah-Islamic Banking's failure, neglect, omission or otherwise option not to request for such additional verification and/or information.

8.3 You acknowledge that CBL or City Manarah-Islamic Banking may specify limits on the number of transactions you may make using CBL's Transfer and Payment services and the amounts to be so transferred or paid under the same.

8.4 CBL or City Manarah-Islamic Banking shall endeavor to execute any Transfer and Payment Instructions promptly in accordance with your Instructions subject always to the Payments and Transfers being made on a Business day, regardless of this Transfer and Payment being made online real time or scheduled as a recurring Transfer and/or Payment.

8.5 CBL or City Manarah-Islamic Banking shall not be liable for any Transfers or Payments or any failure to complete or execute a Transfer or Payment Instruction where:-

8.5.1 You have an insufficient balance in your Account(s) or insufficient overdraft lines of credit to transfer or pay the relevant amount(s) or to transfer or pay for any fees, charges, expenses and interests that may be imposed by CBL or City Manarah-Islamic Banking from time to time for the use of City Touch and/or any of its Banking Services;

8.5.2 Your relevant Account(s) is/are to be made subject to any legal process or other otherwise claim restricting such transactions or where the same is/are otherwise frozen, closed or suspended for any reason whatsoever;

8.5.3 The Payee Corporation(s) do/does not process your Payment promptly and/or correctly;

8.5.4 You have provided CBL or City Manarah-Islamic Banking with inaccurate or incomplete   Instructions or information relating to, among others, the amount(s) to be paid or         transferred and the details of the beneficiary Account(s) or Payee Corporation(s) to           which such monies are to be transferred or paid to; or the status of the beneficiary               account is invalid and/or is covered under item 8.5.2

8.5.5 There is an error in the information or Instructions given by you, during the course of                                     transmission through City Touch;

8.5.6 You fail, neglect, omit or otherwise choose not to follow the latest or current instruction, procedures and directions for using City Touch or the particular Banking Services offered thereunder; or

8.5.7 CBL or City Manarah-Islamic Banking knows or has reasons to believe that a fraud, criminal act, offence, or violation of any law or regulation has been or will be committed.

8.6 Where it is found that you have insufficient funds or an insufficient credit limit for the transactions, you acknowledge that CBL or City Manarah-Islamic Banking may, at its sole right and discretion and without notice, reserve the transaction or offset the shortage with funds from any other Account(s) you may have with CBL or City Manarah-Islamic Banking.

8.7 You may cancel the Transfer or Payment service pursuant to herein. Any unprocessed Transfers or Payments will be cancelled on the Business day your cancellation request is received. If you close any relevant Account pertaining to any such Transfers or Payments, any unprocessed Transfers or Payments scheduled from that Account or to be paid into that Account will also be cancelled on the day that Account is closed.

8.8 You should rely on your own evaluation to assess the merits, risks, and the compliances of the shares. In considering the shares, if you are in doubt as to the action to be taken you should consult your professional advisers immediately.

9. SECURE MESSAGING

9.1 You agree and acknowledge that you shall use the Secure Messaging Service for the transmission of messages related to your Account, City Touch and the Banking Services offered thereunder and shall not use it for any other purpose including but not limited to the transmission of spam or chain messages or any type of unsolicited messages which do not relate to CBL or City Manarah-Islamic Banking, your Account(s) or City Touch.

9.2 You agree and acknowledge that CBL or City Manarah-Islamic Banking may fix a limit as to the number of messages you may send, receive or store in or through the Secure Messaging Service at any time.

9.3 You further agree and acknowledge that you shall not transmit messages that are obscene, threatening or defamatory in any way.

9.4 You agree and acknowledge that any data, information or Instructions that you communicate or transmit via the Secure Messaging Service shall, unless otherwise expressly stated by you, be deemed as true, accurate and complete and CBL or City Manarah-Islamic Banking shall be entitled to rely on and where necessary act upon any such data, information or Instructions without being liable in relation thereto.

9.5 Pursuant to Clause 9.4 and notwithstanding anything contained in this Agreement, you agree and acknowledge that any communication or transmission which you make with CBL or City Manarah-Islamic Banking via the Secure Messaging Service which meets CBL's or City Manarah-Islamic Banking's operating standards and requirements shall be deemed to be valid, accurate and authentic and as good as, and given the same effect as, written and/or signed documentary communications.

10. FEES AND CHARGES

10.1 While your use of the Services and access to the web site may initially be provided free of any charges, you agree and acknowledge that we reserve the sole right and discretion to levy a charge for the same or any service(s) which may be provided herein or any portion thereof at any time in the future, subject always to our giving you prior notice of the same.

10.2 Notwithstanding your obligations to pay any fees and charges under any other terms relating to your Account, you shall pay to CBL or City Manarah-Islamic Banking all fees, commissions and any other relevant charges at such rates and in such manner as CBL or City Manarah-Islamic Banking may impose and/or stipulate from time to time with respect to City Touch and/or any of the Banking Service(s) provided thereunder.

10.3 CBL or City Manarah-Islamic Banking may inform you of such fees, charges and/or any variations thereof by giving thirty (30) days prior notice in writing or in any manner deemed applicable by CBL or City Manarah-Islamic Banking. Should you disagree with the imposition of such fees, charges and/or variations thereof, you shall cease to use City Touch or the particular Banking Services to which such fees, charges and/or variations relate to. Your continued use and access of City Touch or the particular Banking Service to which such fees, charges and/or variations relate to shall be deemed as your agreement and binding acceptance of the same.

10.4 You agree and acknowledge that CBL or City Manarah-Islamic Banking reserves the right to debit your relevant Account for the payment of any fees, charges and/or penalties imposed pursuant to this Agreement including any Government charges, stamp duties or taxes payable as a result of the use of City Touch and the Banking Services provided thereunder.

10.5 You agree and acknowledge that all fees and charges including but not limited to telephone and telecommunication charges, relating to your access and connection to City Touch including any fees and charges imposed by any Network Service Provider shall be borne solely by you, and CBL or City Manarah-Islamic Banking shall neither be responsible nor liable in relation thereto.

11. DISCLOSURE OF INFORMATION

11.1 You hereby expressly authorize and permit CBL or City Manarah-Islamic Banking to divulge, reveal and/or otherwise disclose any and all particulars and information relating to yourself or your Account or any transactions or dealings between you and CBL or City Manarah-Islamic Banking:-

11.1.1 To any of its subsidiaries, affiliates, business partners and/or any other persons to the extent necessary to complete, verify or restrict a transaction or Instruction;

11.1.2 To comply with laws, regulations, government agencies and authorities in Bangladesh and elsewhere including court orders and requests;

11.1.3 To verify the existence and condition of your Account(s) for a third party such as a credit bureau or merchant;

11.1.4 To provide services relating to your Account(s) or to offer other facilities, products and services unless you duly inform us otherwise;

11.1.5 In connection with examination by banking authorities;

11.1.6 Where you request or authorize CBL or City Manarah-Islamic Banking to do so, whether in writing or otherwise;

11.1.7 To protect and defend CBL and City Manarah-Islamic Banking and its property; and

11.1.8 To protect the interest of the public including but not limited to the detection of crimes and the apprehension of criminals.

11.2 You authorize CBL or City Manarah-Islamic Banking to procure any information from any person, organization, authority, company, corporate or unincorporated body or any other entity as CBL or City Manarah-Islamic Banking may in good faith deem fit in connection with your Account(s) or the Banking Services and authorizes the disclosure by such person of any information required by CBL or City Manarah-Islamic Banking.

11.3 You, in submitting to CBL or City Manarah-Islamic Banking any application, Instructions or in continuing with the Account(s) or the use of City Touch, shall be deemed to have conferred upon CBL or City Manarah-Islamic Banking in such application or by such conduct as the case maybe, your due authorization and permission for such disclosure in accordance with the terms hereof.

11.4 Though CBL or City Manarah-Islamic Banking shall endeavor to ensure the security of your information which is transmitted through City Touch, you agree and acknowledge that CBL or City Manarah-Islamic Banking does not make any warranties in respect of the same and you hereby accept the risk associated with the use of the Internet medium including but not limited to the risk that all information transmitted through City Touch may be accessed by unauthorized third parties and accordingly, you shall not hold CBL or City Manarah-Islamic Banking responsible or liable for any such unauthorized access, theft of information or any Losses resulting therefrom.

12. YOUR RESPONSIBILITY AND UNDERTAKINGS

12.1 You shall, at all times, be responsible for obtaining and using the necessary Internet browser and/or any other hardware and/or software necessary including any new and recent versions thereof, which is necessary to obtain access to City Touch at your own risk and expense.

12.2 You shall be responsible for the maintenance of any account that you may have with a Network Service Provider for your access to City Touch and you hereby agree, acknowledge and understand that such access will, to that extent, be subject to the terms and conditions of your Network Service Provider.

12.3 You agree and acknowledge that CBL or City Manarah-Islamic Banking will not be held liable for your inability to access City Touch or any part thereof, the rejection of your transactions, the incorrect processing of your transactions as a result of your failure to maintain your account with the Network Service Provider or your failure to obtain or use the necessary Internet browser and/or other hardware and/or software including but not limited to any failure to upgrade the relevant Internet browser and/or software or to use the new and recent versions of the same as may be required by CBL or City Manarah-Islamic Banking.

12.4 You agree to observe all security measures in relation to your Account(s) and the access to and use of City Touch as specified in this Agreement and any other rules and regulations, policies or guidelines as may be in force in relation thereto.

12.5 You shall furnish CBL or City Manarah-Islamic Banking with complete, accurate and timely data, information and Instructions in relation or in connection with any transactions and performance of any transactions made through City Touch.

12.6 You shall not initiate any claims, actions or suits against CBL or City Manarah-Islamic Banking, for any unauthorized use of City Touch whether as a result of your CRN, PIN, Internet Banking Password, TAC, City Touch User ID and Hardware Token being compromised or otherwise.

12.7 You shall, at all times, observe and abide by the terms and conditions of this Agreement and any other relevant agreement between CBL or City Manarah-Islamic Banking and you and any other rules, regulations, policies and guidelines currently in force.

12.8 You shall not interfere with the access to and use of City Touch or Banking Services by other customers and you shall not use City Touch for any purpose other than conducting authorized transactions pertaining to your Account(s). You shall also not hack, attempt to hack or gain unauthorized access, whether directly or indirectly, into City Touch, any other customer's account(s) and/or the Banking Service(s), for any purpose whatsoever.

12.9 You shall observe all reasonable propriety and etiquette in your communications with CBL or City Manarah-Islamic Banking and shall not communicate any obscene or defamatory information to CBL whether through City Touch or otherwise.

12.10 You shall keep yourself informed and updated of CBL's or City Manarah-Islamic Banking's relevant and applicable policies and practices and other terms applicable to your Account(s), the Banking Services and City Touch as provided by CBL or City Manarah-Islamic Banking to you.

13. ERROR REPORTING AND QUERIES

13.1 Should you wish to report any error or make any queries or complaints in relation to City Touch, you may write in, e-mail or call the City Bank Call Center.

13.1.1 CONTACT DETAILS:
CITY BANK CALL CENTER
THE CITY BANK LIMITED
"VENUS COMPLEX"
HOUSE# KHA 199/3 (2nd FLOOR)
PRAGATI SARANI
MIDDLE BADDA
DHAKA-1212, BANGLADESH
CUSTOMER SERVICE HOTLINE (DOMESTIC): 16234
CUSTOMER SERVICE HOTLINE (INTERNATIONAL):
E-MAIL: citytouch@thecitybank.com
For the avoidance of doubt, all telephone calls made to CBL's Call Center shall be logged by CBL.


13.1.2 Offered Service(s) from CALL CENTER:

  1. Debit Card Related Service(s):
  2. Debit Card Activation
  3. Status Check
  4. Temporary Block
  5. Debit Card/PIN Replacement Requisition
  6. Debit Card Renewal Request.
  7. Banking Product Related Service(s):

All Retail, SME and Islamic Banking related product's information and service(s).**
**Products will be referred to the existing Banking Products as per the Banking Policy (any kind of deposit or loan/financing under Retail and Islamic Banking Policy etc. and of its information/query/complain) and Service(s) will be referred to as following:

  1. Account Opening Procedure related information
  2. Personal Account Status/Balance/Transaction Information
  3. Personal Account Statement Requisition
  4. Cheque Book Requisition
  5. Cheque Leaf Status Query
  6. Cheque Status Query
  7. Any Query Related to General or Personal Savings/Term Deposit/Loan etc. Scheme(s)
  8. For ISLAMIC BANKING, only Account Balance Inquiry, Transaction Details, Debit Status Information and Debit Card Block services are offered through CALL CENTER
  9. For SME, only product's credentials and procedure related information are usually provided under the aforesaid category
  10. For Loans/Financing; LOAN APPLICATION STATUS INFORMATION, Partial/Early Settlement Calculation and procedure(s) are usually served through CALL CENTER at present
  11. For complain; ATM/POS/ONLINE TRANSACTION DISPUTE etc. related issues and any general complain pertaining to the abovementioned Banking Products or Service(s) are entertained and served through CALL CENTER
  12. i-Bank/City Touch Related Service(s):
  13. i-Bank/City Touch Registration status information
  14. i-Bank/City Touch User ID Retrieval
  15. i-Bank User Login Password Reset
  16. i-Bank/City Touch related Complain handling
  17. City Wallet/SMS Banking Related Service(s):
  18. City Wallet Service Activation/Deactivation/Suspension
  19. City Wallet Service Unlocking/User PIN Reset
  20. SMS Banking Status Information
  21. City Wallet/SMS Banking related Complain handling
  22. Other Personal Banking Solutions:
  23. Customer's TPIN (Telephony Personal Identification Number) generation
  24. Customer's TPIN (Telephony Personal Identification Number) regeneration
  25. Entertaining any kind of sales related appointment service as per Customer's need for the desired Direct Sales Service (DSS) through Direct Sales Executive (DSE) or Direct Sales Team (DST) depending on the existing Banking Products and its Policy (Current/Savings Account, DPS, FDR, etc. account opening, Loan Application, City MaxX Debit Shopping Card Application etc.)    

NB. All these services are subject to change. CBL may include or exclude any of the services as and when deemed fit as per business requirement.                     

13.2 Subject to Clause 13.3, you may be required to disclose to CBL or City Manarah-Islamic Banking all relevant information relating to any report, query or complaint including but not limited to your name, the relevant Account(s) number(s), a description of any such error, query or complaint, an explanation on why you believe it to be an error or why you require more information and the amount(s) involved in the suspected error, query or complaint, as maybe relevant. Notwithstanding this, you shall not, at any time and under any circumstances whatsoever, disclose your PIN, Internet Banking Password, TAC and City Touch User ID to any CBL or City Manarah-Islamic Banking staff or representative.

13.3 Where any communication involves your sensitive or confidential information whether in relation to your Account(s) or any transactions made in relation thereto or otherwise, CBL or City Manarah-Islamic Banking does not encourage the communication of any such information via electronic-mail ("e-mail") (not being Secure Messaging) and you agree and acknowledge that should you proceed with such mode of communication in relation to such information, you shall undertake all inherent risks associated with such mode of communication and shall not, at any time whatsoever, hold CBL responsible or liable for the security of such information or any Loss suffered in relation thereto.

13.4 In the event that CBL or City Manarah-Islamic Banking requests you to make such report, complaint or query in writing to CBL, you shall do so within ten (10) Business days thereafter. If no such written report, complaint or query is received by CBL or City Manarah-Islamic Banking within the said period, CBL or City Manarah-Islamic Banking will not be under an obligation to conduct any investigation and answer any such query or complaint.

13.5 Subject to Clause 13.6, CBL or City Manarah-Islamic Banking shall endeavor to investigate the complaint, answer the query or inform you of the results of its investigation as soon as practicable or in any case within ten (10) Business days of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by CBL or City Manarah-Islamic Banking pursuant to Clause 13.4, within ten (10) Business days of receipt of such subsequent written report, query or complaint.

13.6 If CBL or City Manarah-Islamic Banking requires more time to conduct its investigation, CBL or City Manarah-Islamic Banking shall extend the period stated in Clause 13.5 above to such reasonable period as it deems necessary in its sole discretion which shall as far as reasonably possible not exceed thirty (30) days from the date of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by CBL or City Manarah-Islamic Banking pursuant to Clause 13.4, within thirty (30) days of receipt of such subsequent written report, query or complaint.

13.7 You shall as far as possible co-operate and assist CBL or City Manarah-Islamic Banking in the conduct of its investigations.

13.8 Subject to the provisions of this Agreement, upon the completion of an investigation, CBL or City Manarah-Islamic Banking shall make reasonable endeavors to correct any error promptly and to make the necessary adjustments to your Account(s) and notify you of the adjustments made pursuant thereto.

13.9 In any case, CBL or City Manarah-Islamic Banking shall inform you of the results of the investigation within ten (10) Business days of the completion of CBL's investigations in Clause 13.5 or 13.6, as the case may be.

13.10  Where you are not satisfied with the outcome of the investigation or of your complaint, you may appeal against such outcome:-

13.10.1 to the Senior Management of CBL or City Manarah-Islamic Banking in writing to the address as specified in Clause 13.1 above; or

13.10.2 by referring such complaint to the Banking Mediation Bureau.


14. STATEMENTS, CONFIRMATION AND ADVICE

14.1 Where CBL or City Manarah-Islamic Banking sends or delivers to you a statement, confirmation or advice, you shall verify each and every such statement, confirmation or advice and shall give CBL or City Manarah-Islamic Banking written notice of any such error or omission in any such statement, confirmation or advice within sixty (60) days from the date of the said statement, confirmation or advice in accordance with Clause 13 above. Where no such notice is received by CBL or City Manarah-Islamic Banking within the said sixty (60) days, such statement, confirmation and advice shall as against you be deemed as true, correct and accurate as regards all transactions and amounts stated therein and shall be conclusive evidence of the transaction and your liability to CBL or City Manarah-Islamic Banking.

15. UPDATING OF CUSTOMER'S PARTICULARS

15.1 You shall promptly notify CBL in writing or by such other means as CBL deems acceptable of any changes or variations in your personal particulars and CBL shall be entitled to assume that there have been no changes or variations until CBL has received notice thereof given by you. Provision of such particulars during the enrollment process in City Touch does not deem automated updating of your personal particulars.

16. EXCLUSIONS OF LIABILITY

16.1 CBL shall use all reasonable efforts to ensure the operation and provision of City Touch and the Banking Services. However, you agree and acknowledge that CBL does not make any warranties or representations of any kind whatsoever with respect to City Touch and the Banking Services provided by CBL or City Manarah-Islamic Banking, whether express or implied and subject to Clause 16.5, shall not be responsible or liable for any Loss whatsoever howsoever arising whether in tort, contract or indemnity, in relation to the provision of City Touch and the Banking Services whether suffered by you or any other person with the exception of Losses which, subject to Clause 5.8, are caused by the fraudulent or gross negligent conduct of CBL's or City Manarah-Islamic Banking's Officers.

16.2 Without limiting the generality of Clause 16.1 above, CBL or City Manarah-Islamic Banking shall not be liable for any Loss caused by or arising from one or more of the following events or matters howsoever caused or incurring:-

16.2.1 Any malfunction, defect in and/or any breakdown, disruption or failure of any telecommunications, computer, terminal, server or other device or system whether or not owned, operated or maintained by you, CBL or any other person, including but not limited to the failure of any such equipment or system to accept, recognize or process any PIN, Internet Banking Password, TAC, City Touch User ID or Instruction;


16.2.2 Any malfunction, breakdown, disruption and/or unavailability of City Touch or                                   any portion thereof, howsoever arising;

16.2.3 Any of the Banking Services not being accessible, available or functioning ;

16.2.4 Any failure or delay caused by your Internet browser or other software, computer virus or related problems;

16.2.5 The corruption, destruction, alteration, loss of or error in your Instructions or any data or information in the course of transmission through City Touch;

16.2.6 Any intrusion, interference or attack by any person, virus, Trojan Horse, worms, macros or other harmful components or deleterious programs or files;

16.2.7 Any loss, theft or unauthorized use of your PIN, Internet Banking Password, TAC, City Touch User ID;

16.2.8 Any purported access to and use of City Touch and/or the Banking Service(s), your City Touch PIN, Internet Banking Password, Customer TAC, City Touch User ID as well as any other software or hardware provided by CBL to you, if any;

16.2.9 Any malfunction or breakdown in the software or hardware provided by CBL to you, if any;

16.2.10 Any unauthorized access and/or use of City Touch and the Banking Services by any person;

16.2.11 Any prohibition, suspension, delay or restriction of your access to City Touch by the laws and regulations of any country from which you access City Touch;

16.2.12 Any prohibition, suspension, delay or restriction of your access to City Touch                                      caused by, relating to or in connection with your Network Service Provider;

16.2.13 Any inaccuracy or incompleteness of information, data or Instructions given by you in relation to any transactions or the performance of any transactions or otherwise in relation to the provision of any of the Banking Services;

16.2.14 Your failure, neglect or omission to maintain sufficient funds in the relevant Account(s) to perform any of your Instructions;

16.2.15 Your inability to perform any transactions due to limits set by CBL or City Manarah-Islamic Banking from time to time;

16.2.16 Your failure, neglect or omission to act in accordance with the terms and conditions of this Agreement and any other rules, regulations, policies and guidelines currently in force;

16.2.17 Any delay in the delivery or non-delivery or any documents or materials, whatsoever, under this Agreement;

16.2.18 Any event, the occurrence of which is beyond CBL's or City Manarah-Islamic Banking's reasonable control, including but not limited to fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supply; or

16.2.19 Any Loss which is caused by third parties.

16.3 While CBL and City Manarah-Islamic Banking ("Banks") shall make reasonable efforts to ensure that the product information, pricing and rates on their website are accurate and current, there may be instances where inaccurate or incomplete information, pricing or rate is inadvertently displayed. In the event such information, pricing or rate is incorrect or incomplete, the Banks shall have the right at their sole and absolute discretion, to refuse, avoid, nullify and/or cancel any orders placed and or any transaction effected under the Account, Banking Services and any other transactions effected due to, arising from or as a consequence of the inaccurate or incomplete information. The Bank assumes no responsibility for any error or omission in the content of the said website, and expressly disclaims liability for any losses incurred due to such errors, inaccuracy misstatements or omissions. So long as CBL or City Manarah-Islamic Banking acts in good faith in acting upon or carrying out any Instructions, CBL or City Manarah-Islamic Banking shall neither be responsible nor liable to you in any respect for any Loss caused by or arising from CBL's or City Manarah-Islamic Banking's execution or implementation of such Instructions or any matter arising therefrom.

16.4 Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in this Agreement or in any other agreement between CBL and you, or any other agreement between City Manarah-Islamic Banking and you, CBL or City Manarah-Islamic Banking shall not in any event be responsible or liable to you for any indirect or consequential Loss, or for punitive damages, whether arising from any breach of CBL's or City Manarah-Islamic Banking's obligations to you or otherwise.

17.  VARIATION

17.1 CBL or reserves the right to change, modify, delete, amend, add or vary the terms and conditions of this Agreement from time to time but CBL will, subject to Clause 17.4, give at least fourteen (14) days notice of any such additional or amended terms and conditions.

17.2 Such notice may be provided to you either in writing addressed to the last address given by you to CBL or City Manarah-Islamic Banking or in the form of a notice displayed at CBL's or City Manarah-Islamic Banking's branches or in the form of a notice displayed on the screen when accessing City Touch or in such other manner as may be prescribed by CBL or City Manarah-Islamic Banking from time to time.

17.3 If you continue to use City Touch after the effective date of any additional or amended terms and conditions, or where no effective date is specified, after a period of fourteen (14) days upon your receipt of such notice, whether actual or deemed in accordance with Clause 18.2, then you shall be deemed to have accepted such additional or amended terms and conditions and agreed to be bound by the same.

17.4 You agree and acknowledge that where the changes or amendments made are necessitated by an immediate need to restore or maintain the security of a transaction on your Account, City Touch, CBL or City Manarah-Islamic Banking may proceed with making such changes and amendments without notice to you.

18. NOTICES

18.1 Unless otherwise specified herein to the contrary, all notices and communications by CBL or City Manarah-Islamic Banking in relation to City Touch maybe given by CBL or City Manarah-Islamic Banking in any one of the manners set out in the Enrollment Form.

18.2 All notices and communications to CBL or City Manarah-Islamic Banking shall unless specified herein, be in writing, signed by you and sent to CBL or City Manarah-Islamic Banking, at CBL's address as specified herein or any other address as may be notified to you from time to time.

18.3 Subject to anything herein to the contrary, all notice(s) from you to CBL or City Manarah-Islamic Banking shall take effect only upon CBL or City Manarah-Islamic Banking (as the case may be) duly recording the same in its records.

19. TERMINATION

19.1 Subject to Clause 19.3, you agree and acknowledge that CBL or City Manarah-Islamic Banking reserves the sole right and discretion to suspend, terminate or restrict your access to City Touch or any part thereof for any reason, by giving seven (7) days prior notice to you and without any liability whatsoever to you or any other third party for doing so.

19.2 Notwithstanding the generality of Clause 19.1, CBL or City Manarah-Islamic Banking may terminate, suspend or restrict your access to City Touch immediately upon giving you notice, if:-

19.2.1 You cease to maintain any Account(s) with CBL or City Manarah-Islamic Banking which can be accessed via City Touch;

19.2.2 You breach any term, condition or provision of this Agreement or laid down by any legal, regulatory or other authority or body relevant hereto;

19.2.3 If you fail to pay any fees or charges when due;

19.2.4 If you have provided CBL or City Manarah-Islamic Banking with false or incomplete information for your access to or use of City Touch;

19.2.5 If you become, threaten or resolve to become or is in jeopardy of becoming subject to any form of insolvency administration; or

19.2.6 If, in CBL's or City Manarah-Islamic Banking's opinion, it is in the public interest to do so.

19.3 You may terminate your access to and use of City Touch or any particular Banking Services at any time, by giving at least fourteen (14) day's prior written notice to CBL. The notification will not be effective until CBL has received your notice, acknowledges it and proceeds to terminate your access to and use of City Touch or the relevant portions thereof.

19.4 You agree and acknowledge that termination does not affect your liability or obligations in respect of Instructions received by CBL or City Manarah-Islamic Banking prior to such termination that have been processed or are being processed by CBL.

19.5 You further agree and acknowledge that where an Instruction was received by CBL prior to such termination herein but has not been processed, and your access to City Touch is thereafter terminated, you shall neither hold CBL responsible nor liable for any failure to process the said Instruction.

19.6 Any rights and obligations under this Agreement which by their term and sense would survive the termination of this Agreement in any way shall continue to be in full force and effect thereafter.

20. GENERAL INDEMNITY

20.1 In addition and without prejudice to any other right or remedy of CBL or City Manarah-Islamic Banking, whether under this Agreement or otherwise, you shall indemnify and hold CBL or City Manarah-Islamic Banking harmless from and against any and all Loss suffered or incurred by CBL or City Manarah-Islamic Banking as a result of any of the following:-

20.1.1 Any failure by you to comply with any of the terms and conditions of this Agreement; and/or

20.1.2 CBL or City Manarah-Islamic Banking acting in accordance with any Instructions or in any manner pursuant to this Agreement.

20.2 You agree and acknowledge that your obligation to indemnify CBL or City Manarah-Islamic Banking herein shall survive the termination of this Agreement or City Touch.

21. GENERAL LIEN

21.1 In addition and without prejudice to any right which CBL or City Manarah-Islamic Banking may have under law or otherwise, all funds, instruments and other property belonging to you in the possession or control of CBL or City Manarah-Islamic Banking shall be subject to a general lien in favor of CBL or City Manarah-Islamic Banking in respect of all sums or other liabilities now or at any time hereafter due, owing or incurred by you to CBL or City Manarah-Islamic Banking on the Account(s), City Touch or on any of the Banking Services, or otherwise in any manner whatsoever, in any currency, whether actual or contingent, joint or several and CBL or City Manarah-Islamic Banking may apply the proceeds thereof in settlement of those sums and liabilities.

22. INTERNATIONAL USE

22.1 You agree and acknowledge that your access and use of City Touch from outside of Bangladesh may be subject to, among others:-

22.1.1 exchange control regulations of Bangladesh Bank;

22.1.2 other fiscal or exchange control requirements of the country where the transaction is effected or requested; and

22.1.3 other relevant laws and regulations of Bangladesh and the country where the transaction is effected or requested.

22.2 Further, you agree and acknowledge that Bangladesh Bank and the laws and regulations of the country in which the transaction is effected or requested may limit or determine the maximum amount of a particular transaction and the purpose for which such transaction is affected.

23. Hyperlinks to Third Parties

23.1 Throughout your access of this web site and use of the services herein, you will come across hyperlinks to third parties' web sites, which are not under our control, unless stated otherwise. These hyperlinks are provided for your reference only and do not represent in any way whatsoever our endorsement or sanction of the same. Accordingly, we shall not be responsible or liable for your access and use of the same or any information or materials available therein. We shall also not be responsible for any form of transmission or communication between you and the said third parties or your participation or use of their information, materials, services or promotions. For this purpose, you agree to be solely responsible for the same or any portion thereof.

23.2 Notwithstanding the above, we may provide a hyperlink to Bangladesh Bank and/or other authorities on our web site. Nevertheless, your access of this hyperlink to Bangladesh Bank and/or such other authorities and use of any of the information or materials available therein shall at all times be governed by the Terms of Use of Bangladesh Bank and/or such other authorities and any other relevant policies or conditions which Bangladesh Bank and/or such other authorities may impose in respect of the same, all of which are accessible from its web site. For these purposes, we shall not be responsible for any form of transmission or communication between you and such authorities or your use of any information, materials or services made available by such authorities, whether via its web site or otherwise. Accordingly, you agree to be solely responsible for the same or any portion thereof.


24. Legal Compliance


24.1 You agree that your access of this web site and use of the services herein shall at all times be in accordance with all legislation, laws and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit any materials, data, communication and/or information ("Content"), through this web site or services herein, which is abusive, defamatory, infringes another person's rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography or pedophilia, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency. You also agree not to hack or attempt to gain unauthorized access into this web site and the services herein, disrupt the security of its resources, provide information, which is inaccurate or false, and/or otherwise abuse and misuse this web site and the services herein. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify us immediately and in failing or delaying to do so, you may also be held liable for the same.


24.2 We are not obliged to monitor or review your access of this web site or use of the services herein. However, we may do so from time to time for our own purposes or where we are compelled to do so under this Terms and Conditions. In doing so, we reserve the right to edit or delete any Content which violates any of the provisions in this Terms and Conditions without notice and without any liability whatsoever to you for doing so.


24.3 The performance of our obligations under this Terms and Conditions are subject always to existing legislation, laws and regulations governing the same and nothing contained in this Terms and Conditions is in derogation of our rights to comply with and conform to any governmental requests or legal requirements relating to the access of this web site and use of the services herein or in respect of the Content or any portion thereof which is provided to or acquired by us for your use.

25. Intellectual Property Rights

25.1 You hereby agree that the Content including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination thereof which is available on our web site and services is at all times protected by copyright, trademarks, service marks, patents and any other applicable intellectual property or proprietary rights, all of which are at all times owned exclusively by us or the relevant third party vendor, advertiser, affiliate or other third person, where applicable.

25.2 While you may download one (1) copy of the Content for your personal and non-commercial use (subject to you maintaining all relevant copyright and proprietary notices contained therein intact), you agree that the Content may not otherwise be reproduced, copied, transmitted, published, performed, broadcast, adapted, stored, distributed, disseminated, communicated, displayed, licensed, modified, edited, censored, altered, hyperlinked or used in whole or in part in any manner whatsoever without our prior express consent or that of the relevant third party vendor, advertiser, affiliate or other third person, where applicable, to the same.

25.3 Further thereto, you shall not insert a hyperlink on this web site or the services herein or mirror" or frame the same or any portion thereof on any other web site(s) or servers.

25.4 All rights in this web site, the services herein and the Content which are not expressly granted to you under this Terms and Conditions or otherwise, are at all times expressly reserved by us or the relevant third party vendor, advertiser, affiliate or other third person, where applicable.

26. Disclaimer

26.1 All Content which is available on this web site and the services herein are provided on an as is" and as available" basis and are strictly meant for your reference and information only, and shall not, at any time whatsoever, be assumed or deemed to be intended for any business or commercial purposes or to constitute an offer or solicitation and/or the giving of advise in respect of investment, financial or banking services by us. You are therefore advised to obtain independent professional advice at all times and verification of the said Content before making any decisions based on the same.

26.2 While we shall use our best efforts to ensure that the Content herein or any portion thereof are, as far as possible, accurate, complete, current and true, you acknowledge and agree that certain Contents transmitted or made available through the web site may be provided by third parties, therefore, we do not warrant the same and further, we expressly disclaim all liability for any errors, omissions or inadequacies in the Content herein or any portion thereof. Further, we do not give any kind of warranty, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or freedom from viruses. We also do not warrant that this web site, the services herein and the Content will meet your requirements, be uninterrupted, timely or secure.

26.3 You are solely responsible for making your own assessment when accessing and using this web site, the services herein and the Content and you agree that your access and use thereof shall be at all times at your sole risk.

26.4 Notwithstanding the generality of this Terms and Conditions, we shall not, at any time whatsoever, be liable to you or any other person for any damage or loss suffered (including all direct, indirect, special or consequential damages, economic loss, loss of profits or loss of opportunity) arising from any interruption or unavailability of this web site, the services herein and/or the Content and/or your access to and use of the same for whatever reason other than a failure in the system where such failure is due to our direct actions, negligence or omission, or where we have been duly informed of its possibility; or from any delay or error in any transmission or communication pertaining to your access and use of this web site, the services herein and the Content.

26.5 We reserve the right and sole discretion to modify (including limit, replace or delete) this web site, the services herein and the Content or any portion thereof as well as to terminate or restrict your access and/or use of the same at any time.

27. Governing Law & Jurisdiction


27.1 Notwithstanding from where you gain or attempt to gain access to this web site and/or the services herein, you agree that this Terms and Conditions, your performance and conduct under it, your access to this web site and use of the services herein and/or Content and any disputes arising thereunder shall, at all times, be governed by and construed in accordance with the laws of Bangladesh. Further, you agree to submit and be bound by the exclusive jurisdiction of the Courts of Bangladesh.