1.      Definition

a.       Mobile Banking: – shall mean a service that allows customers use their mobile device to access banking services.

b.      The Bank: – shall mean Tsehay Bank S.C.

2.      Governing Law

a.       This terms and conditions shall be governed and constructed in accordance with the laws of the Federal Democratic Republic of Ethiopia, applicable Directives of the National Bank of Ethiopia and pertinent policies and procedures issued by Tsehay Bank S.C. 

3.      General Provisions

          a.    The customer shall be bound by the terms and conditions of this agreement upon registering or subscribing to use mobile banking services through his/her mobile phone.

          b.      The Bank reserves the right to limit and vary the amount and frequency of payments that a customer may make by using the mobile banking service without prior notice to the customer.

            c.       The customer acknowledges that the mobile banking service is dependent on the infrastructure, connectivity and services provided by the telecom service provider.

            d.      The customer accepts that timeliness, accuracy and readability of SMS and information shall depend on factors affecting the telecom service provider.

             e.       The customer shall ensure that the Bank’s charges are always duly paid to the Bank and the Bank shall be entitled to debit the customer’s bank account or recover it’s charges from the customer in any manner it deems fit.

            f.        The customer can unsubscribe from the service at any time.

4.      Restriction on use

a.       The customer acknowledges not using mobile banking service for any illegal, fraudulent and unauthorized purpose and will only be used in compliance with all applicable laws, rules and regulations of the country and the Bank.

b.      If the Mobile Banking User becomes inactive for a period of six (6) consecutive months, the bank reserves the right to remove it from the system. To reactive it, the customer shall need to enroll again.

c.       To use Tsehay Bank’s Mobile Banking service, the mobile number should be the one which is registered in the name of the customer.

5.      Confidentiality and Disclosure

a.       The parties hereby undertake to maintain the confidentiality of each other’s information. However, to the extent permitted by law, the bank shall be entitled to transfer any information relating to the customer to its representatives, affiliates or auditors wherever situated for confidential use and in connection with the mobile banking service.

b.      The Bank shall be entitled at any time to disclose any information concerning the customer within the knowledge and possession of the Bank to courts and legally authorized government offices and agencies.

c.       The customer undertakes to maintain the strict confidentiality of his/her mobile banking service PIN/Password.

6.      Indemnity

a.       The customer agree to indemnify, defend and hold the bank harmless from and against any claims, losses, liability and expenses arising from customer’s use of mobile banking service.

7.      Limitation of Liability

a.       Without prejudice to any other provisions of this terms and conditions, the Bank shall not be liable to the customer for any loss or damage whatsoever or howsoever be used arising directly or indirectly in connection with customer’s use of mobile banking service.

8.      Records of the Bank

            a.       The customer agrees that the Bank’s recording of transactions and operations made or processed through mobile banking services by the customer or any person acting on behalf of the customer with or without the customer’s consent shall be binding and conclusive on the customer.

              b.      In case the customer considers that there has been an error or irregularity in the recording system of the Bank, he/she will be allowed to inform the Bank. However, if the customer has not informed the Bank in writing of any error contained in any account statement within Five (5) days of the date on which the customer’s account was credited or debited, the customer shall be deemed to have accepted the evidence.

                c.       The customer acknowledges and agrees that printed and signed PDF format documents sent by e-mail by the Bank shall be deemed to be written documents and shall have the same evidential value as original documents.

9.      Warranty

              a.       The Bank makes no implied warranty with respect to customer’s mobile banking service usage.

10.  Termination

              a.       The Bank reserves the right to terminate any or all of the mobile banking services at any time without prior notice. The Bank also reserves the right to alter or modify all or part of these terms and conditions at any time without prior notice.

              b.      The Bank may suspend or terminate the service to customers if it believes that the customer is in breach of the terms and conditions.

11.  Effective Date

                a.       The customer shall be bound by these terms and conditions upon signing and subscribing to the Mobile Banking Service.