Terms & Conditions

Account Opening Terms & Conditions

These terms and conditions (“Terms and Conditions”) govern and apply to the registration of the Account Holder (“Customer” or “Account Holder” or “You”) and subsequent use of the Branchless Banking Services offered by JS Bank Limited (“We”, “Us” or “Bank”). These Terms and Conditions constitute an agreement between the Account Holder and the Bank when you register and make use of the Services. By pressing the “Accept” button appearing on the screen at the end of these Terms and Conditions, you: (i) confirm your acceptance of these Terms and Conditions; (ii) agree to abide by and be legally bound by these Terms and Conditions; and (iii) signify your approval to avail the Services in accordance and in compliance with these Terms and Conditions.

A. Definitions
Unless otherwise defined in the text of these Terms and Conditions, capitalized terms shall have the following meaning:

“Account Holder” means the Customer;

“Agent” means the Bank’s Branchless Banking Agent, appointed pursuant to the Branchless Banking Agency Agreement, for the provision of Services to Customers in accordance with these Terms and Conditions and the Branchless Banking Agency Agreement;

“ATM” means Automated Teller Machines of the Bank;

“Bank” means JS Bank Limited;

“BB Regulations” means the Branchless Banking Regulations issued by the State Bank of Pakistan, as amended from time to time;

“Branchless Banking” or “BB” means conduct of banking activities of the Bank as outlined in the BB Regulations for the Account Holder having a Branchless Banking Account. It does not include the information services already being provided to existing Account Holders using channels like phone, internet, SMS etc.;

“Branchless Banking Account” or “BB Account” means a Level 0 (Basic), Level 1 (Advance) or Level 2 (Premium) (as the case may be) account maintained by the Account Holder with the Bank in which credits and debits may be effected by virtue of Electronic Funds Transfer and which is used to conduct Branchless Banking activities as outlined in the BB Regulations;

“Branchless Banking Agency Agreement” means the instrument so entitled, executed between the Agent and the Bank whereby the Bank has appointed the Agent as its Branchless Banking Agent for the provision of Services to the Customers;

“Biometric Verification System” or “BVS” means technology enabled system (verifiable from NADRA or the relevant Government authority) that allows the Bank to obtain biometric fingerprints of the Account Holders at the time of opening of Branchless Banking Account or conducting Branchless Banking transactions;

“Customer” means an Account Holder of the Branchless Banking Account who has opted to avail the Services from the Bank in accordance with these Terms and Conditions;

“Electronic Funds Transfer” means money transferred through an electronic terminal, ATM, telephone instrument, computer, magnetic medium or any other electronic device so as to order, instruct, or authorise the Bank to debit or credit an account;

“Home Remittance Account” means an BB Account (Advance/ Premium) which is linked to availing home remittance services;

“Phone Banking” means the Bank’s phone banking services which can be accessed by dialing 111-556-677;

“PIN” means a Personal Identification Number used to carry out financial transactions;

“SBP” means the State Bank of Pakistan;

“Services” means the Branchless Banking Services to be provided by the Agent to the Customer in accordance with these Terms and Conditions and the Branchless Banking Agency Agreement, as well as any Branchless Banking Services and features provided by the Bank to the Customer through the Zindigi App downloaded on the Customer’s smart mobile phone;

“SIM” means a component, usually in the form of a miniature smart-card, used to associate a mobile subscriber with a mobile network subscription;

“Zindigi App” means the Zindigi mobile application of the Bank which enables the Account Holder to access the Services through the Account Holder’s smart mobile phone, along with all updates of the same.

B.General
1. Proper identification/ KYC of the Account Holder will be required at the time of opening the BB Account, subject to verification as per the Bank’s policy/ procedures and/ or instruction(s) of any regulatory authority.

2. The mobile number provided by an Account Holder must be registered (as per the terms of PTA) in the name of the Account Holder as appearing on his/ her CNIC. The Bank may take action including account blocking/ closure in case any incorrect information is provided by the Account Holder.

3. For the purposes of opening and operating a BB Account and for the provision of the Services, the Bank may require accessing Customer data through Biometric Verification System and the Account Holder hereby permits the Bank to access such data through Biometric Verification System.

4. At the time of registration, the Account Holder will create a 4-digit authorisation code/ PIN.

5. Any person opening or operating a BB Account is required to have read, understood and accepted these Terms and Conditions and the applicable Schedule of Charges issued and amended from time to time by the Bank.

6. In the event of any conflict and/ or inconsistency in any term of the Branchless Banking Agency Agreement and these Terms and Conditions, the terms of Branchless Banking Agency Agreement shall prevail to the extent of the conflict/ inconsistency.

7. In case the Branchless Banking Agency Agreement is terminated for whatsoever reason, the Bank shall be entitled to terminate/ close the corresponding BB Account of the Agent.

8. The Bank may discontinue the Services (or any part of it) at its sole discretion at any time and without assigning any reason.

9. If the Account Holder opens additional accounts with the Bank and/ or subscribes to any of the products/ services of the Bank and the Bank extends the Services to such accounts, products or other services and the Account Holder opts for use thereof, then these Terms and Conditions shall automatically apply to such accounts and transactions conducted thereunder.

10. These Terms and Conditions are in addition to and not in substitution for the specific terms and conditions, rules and regulations, procedures of the Bank with respect to various types of accounts and all products, deposit schemes and services offered to the Account Holder from time to time (“Additional Terms and Conditions”). All such Additional Terms and Conditions shall apply to the Services, BB Account and the transactions conducted thereunder and by opening a BB Account and/ or conducting transactions thereunder, the Account Holder agrees to abide by and be legally bound by such Additional Terms and Conditions. In case of any conflict or inconsistency between these Terms and Conditions and the Additional Terms and Conditions, the determination of the Bank shall prevail.

C. Attributes of BB Account
1. No profit or mark-up will be paid on funds held in the BB Account, unless otherwise expressly stated by the Bank.

2. The grant to, and operation of the BB Account and Services by the Account Holder is purely personal in nature and not transferable to any other person under any circumstance.

3. Each BB Account shall possess a distinctive number, which must be quoted by the Account Holder in all correspondence with the Bank relating to the BB Account and the Services.

4. No overdraft facility is allowed on the BB Account unless the overdraft limit is approved by the Bank.

5. BB Accounts have special deposit, withdrawal, balance, bill payment and transaction limits which shall be notified by the Bank to the Account Holder from time to time as per applicable regulations.

6. Any transaction that could breach either the limits of crediting or debiting the BB Account shall be rejected.

7. The Bank reserves the right, without prior notice to the Account Holder, to debit the BB Account for any expenses, fees, commission, mark-up/ interest, Zakat, withholding tax, stamp duty, tax, duty, or any other cost, service charges or expenses arising out of any transaction or operation of the BB Account. All applicable taxes shall be recovered as per applicable laws in force. Failure to do so shall result in recovery of the service charge by the Bank in a manner as the Bank may deem fit along with such mark-up/ interest, if any, and/ or withdrawal of funds from the BB Account without any liability to the Bank.

D. Usage of Branchless Banking Account

1. In order to use the Services, the Account Holder must be registered with the Bank for benefiting from the Services. The registration can be done via sign up process in Zindigi App or through an Agent.

2. Transaction requests will be authorised only through PIN via the registered BB Account number.

3. The Bank shall not be held responsible for any Service issue(s) faced by the Account Holder due to Mobile Network Portability (MNP).

4. The Account Holder shall be responsible for maintaining a minimum monthly average balance as applicable. Minimum monthly average balance requirements (if and where applicable) will be notified to the Account Holder by the Bank at least [thirty (30)] days prior to implementation thereof. Failure to maintain the prescribed minimum monthly average balance may be subject to applicable charges in accordance with the Bank’s Schedule of Charges, which shall be deducted by the Bank from the BB Account.

5. If an Account Holder does not operate the BB Account for a period of ten (10) years, the balance in the BB Account shall be classified as “unclaimed” and shall be surrendered to SBP as per the provisions of Banking Companies Ordinance, 1962 and SBP directives/ circulars/ regulations applicable at that time.

6. In case where the Bank receives official notice or as and when the Bank becomes aware of it from any other reliable source regarding the demise or bankruptcy of the Account Holder, the Bank shall stop operations immediately in the BB Account and will not be obliged to allow any operation or withdrawal, except on production of a succession certificate or other Court order(s), from a Court of competent jurisdiction.

7. Any discrepancy in the BB Account and/ or activities or transactions therein should be promptly brought to the notice of the Bank in writing or via Phone Banking within [fifteen (15)] days from the date of transaction, failing which, all such transactions and/ or activities shall be deemed to be final and conclusive, for all purposes whatsoever.

8. In case of any error by the Bank in posting entries in the BB Account, the Bank reserves the right(s), at all time, to make adjusting entries to rectify the error(s) without notice and inform the Account Holder subsequently, and recover any amount wrongly paid or credited to any person together with any accrued interest/ profit. However, the Bank shall not be liable for any loss or damage due to such error(s) or any consequential loss arising therefrom to any party.

9. The Bank shall neither be responsible for any third-party products/ services purchased through the Services nor be liable for the quality, merchantability, warranty or acceptability of the same.

E. Security
1. The Bank shall not be held liable, if access to Account Holder’s PIN, OTP, PIN and/ or SIM is obtained by any third-party. The transaction(s) conducted by any impersonator will be considered legitimate and will be acted upon by the Bank unless otherwise notified to the Bank prior to such transaction(s) being conducted. The Bank accepts no liabilities and shall not be held liable for compensation against the Account Holder’s loss in such an event.

2. The Account Holder irrevocably and unconditionally undertakes to ensure that the PIN, OTP and other confidential information are kept confidential and to not let any unauthorised person have access to the mobile phone and/ or PIN, OTP.

3. The security of the PIN must not be endangered or compromised by choosing a PIN that can be easily guessed, such as 4444 of the same numbers or numbers in sequence such as 1234.

4. The Account Holder’s registered phone/ SIM shall only be used by the Account Holder and he/ she shall take all necessary precautions and care to ensure that the same are not misplaced, lost or stolen. If the Account Holder’s registered phone/ SIM is lost or stolen, the Account Holder must immediately notify his/ her mobile operator to block and prevent misuse of the phone/ SIM. The Account Holder shall also promptly notify Phone Banking to block access to his/ her BB Account, failing which, the Bank shall not be held liable for any cost, charges, expenses, losses (direct, indirect or consequential), claims (including third-party claims) or damages suffered or incurred by the Account Holder. The time at which the Bank receives instructions to block a BB Account will be determined and certified by the Bank and such determination shall be binding and conclusive on the Account Holder.

5. If the Account Holder believes that his/ her BB Account has been accessed without his/ her knowledge or consent, or that his/ her PIN has been fraudulently used, he/ she shall contact Phone Banking immediately to block his/ her BB Account.

6. The Bank shall not be required to independently verify the Account Holder Instructions (defined below) which shall be effective unless countermanded by further instructions from the Account Holder. The Bank shall have no liability whatsoever if it does not or is unable to stop or prevent the implementation of any Account Holder Instructions which is beyond banking limitation (as determined solely by the Bank).

7. If the Account Holder notices an error in the information supplied to the Bank either in the registration form or any other communication, he/ she shall immediately advise the Bank in writing so as to allow the Bank to correct the error wherever possible on a “reasonable efforts” basis.

8. All instructions for operating the BB Accounts and availing the Services shall be given by the Account Holder (“Account Holder Instructions”) in the manner prescribed by the Bank. The Account Holder is also responsible for the accuracy, completeness and authenticity of the payment instructions provided to the Bank and/ or its Agents/ service providers/ merchants (hereinafter referred to as “Affiliates”) and the same shall be considered to be sufficient to operate the BB Accounts.

9. The Account Holder Instructions shall be affected only after authentication of the Customer in accordance with the prescribed procedure for the BB Account. In case of transactions initiated through the SMS channel, the Bank shall have no obligation to verify the authenticity of any transaction received from the Customer other than by Caller Line Identification and PIN (in case of higher limits only).

10. All the records of the Bank generated by the Account Holder Instructions, (including the time of the transaction and payments requested when availing the Services and using the BB Account) shall be conclusive proof of the genuineness and accuracy of the transaction(s) and accompanying Account Holder Instructions.

11. When the Account Holder completes providing payment instructions and the same are received by the Bank, transaction(s) shall deem to be fixed and finalised and the Account Holder may not subsequently raise any objection(s) with respect thereto.
12. The Bank may refuse to comply with the Account Holder Instructions without assigning any reason whatsoever and shall not be under any duty to assess the prudence or otherwise of any Account Holder Instructions and have the right to suspend the operations through standard process, if it has reason to believe that the Account Holder Instructions will lead or expose to direct or indirect loss or may require indemnity from the Customer before continuing to operate the BB Account.

13. The Account Holder undertakes and agrees not to use or permit the use of the BB Account and the Services for any illegal or improper purposes and shall comply with all applicable laws and regulations governing the BB Accounts. The Account Holder shall be held liable for any illegal fund transfer and money laundering done through his/ her BB Account.

F. Fees/Costs
1. The Bank’s Branchless Banking currently has no subscription fee; however, network operator may apply fees to use the Services.

2. By using the Services and/ or conducting transactions through the BB Account, the Customer authorises the Bank to debit his/ her BB Account with any transaction fees that may be introduced and communicated to the Customer in the Bank’s Schedule of Charges available at an Agent’s location and on the website of the Bank, accessible at www.zindigi.pk.

3. The Account Holder hereby agrees to bear the charges as may be stipulated by the Bank (and notified to the Customer) from time to time for the BB Account and the Services.

4. The Bank may amend its Schedule of Charges from time to time.

G. Liability and Exclusions of Liability/ Responsibilities accepted by the Customer
1. The risks associated with the BB Account and the Services and the liabilities and responsibilities accepted by the Account Holder with respect to the same (and disclaimed by the Bank) include without limitation the following:

(a) The risks associated with the BB Account and the Services and the liabilities and responsibilities accepted by the Account Holder with respect to the same (and disclaimed by the Bank) include without limitation the following:

(b) The electronic channel is susceptible to frauds, misuse, hacking and other actions that could affect payment instructions to the Bank. Whilst the Bank shall aim to provide security to prevent the same, there cannot be any guarantee from such frauds, hacking and other actions that could affect payment instructions to the Bank. The Account Holder shall be solely responsible and the Bank shall not be liable for any loss (direct, indirect or consequential) if access is gained to the BB Account through forgery, hacking, wiretapping, theft or divulgence of PIN by the Account Holder and/ or any other analogous means.

(c) The technology for enabling the transfer of funds and other services offered by the Bank could be affected by issues relating to telecommunication network of mobile operator and/ or the Bank, and/ or its Affiliates. The BB Account and the Services may be interrupted/ made unavailable by natural calamities, force majeure, legal and/ or regulatory restraints, faults in the telecommunication network, network failure, or any other reason beyond the control of the Bank. The BB Account could also be affected by virus or other malicious, destructive or corrupting code or program.

(d) The transaction for transfer of funds or payments to Affiliates, as per Account Holder Instructions, may not be completed as requested for various reasons, including, but not limited to those specified in this Section G. In all such cases, the Account Holder shall not hold the Bank responsible and/ or liable in any manner whatsoever.

(e) While the Bank and the Affiliates shall endeavour to carry out the Account Holder Instructions promptly, they shall not be responsible for any delay in carrying out the Account Holder Instructions for any reason whatsoever, including failure of operational systems.

(f) The Bank shall not be liable for any damages whatsoever, whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person.

(g) Illegal or improper use of the BB Account shall render the Account Holder liable for payment of financial charges as determined by the Bank and/ or result in partial or complete suspension of the BB Account. Any penalties levied by any regulatory authority with regard to the Account Holder’s use of the BB Account shall be purely to the Account Holder’s sole account and the Bank shall not be liable in any manner from the Account Holder’s use of the BB Account, save in the case such penalties are imposed by SBP due to negligence or wilful misconduct of the Bank.

(h) The Bank shall under no circumstances whatsoever be held responsible or liable by the Account Holder for any delay in delivery of the electronic statements and/ or alerts, nor the inaccuracy of information contained in such electronic statements and/ or alerts. The Bank shall not be liable for its inability to deliver the alerts altogether. Also, it is being clarified and understood that electronic statements will only be issued to the Account Holder upon his/ her specific request.

2. The Account Holder shall not have any recourse against any office or any branch of the Bank outside Pakistan in respect of the payment of any deposits, account balances thereon maintained or/ and accruing with the Bank in Pakistan, and all facilities provided by the Bank through the BB Account and the Services. Any such rights of recourse are expressly waived by the Account Holder.

3. The Account Holder irrevocably and unconditionally authorises the Bank to access all of his/ her BB Accounts for effecting banking or other transactions performed by the Account Holder through the BB Accounts and the Services. The right to access shall also include the right at the Bank’s sole discretion to consolidate or merge any or all accounts of the Account Holder with the Bank and the right to set off any amounts owed to the Bank without prior notice.

4. The Bank will not be liable for any product purchased by the Customer using his/ her BB Account. These transactions shall be effected by debiting the BB Account with the purchase amount plus any fee charged and crediting the seller’s/ third party’s account with the purchase amount.

5. The Bank has the right to block the BB Account/ any transaction in case of any complaint received for fraudulent activity or any other reason.

6. The Bank, in compliance with laws and regulations, may intercept and investigate any payment messages and other information or communication sent to or by the Account Holder or on behalf of the Account Holder via any other bank, and this process may involve making further enquiries and stoppage of transaction.

7. The Bank is entitled to make investment of credit balance deposits in the BB Account in any manner in its sole discretion and to make use of funds to the best of its judgment in the banking business.

8. Without prejudice, the Agent shall operate the BB Account in accordance with the Terms and Conditions stated in the Branchless Banking Agency Agreement.

9. In the event that any Account Holder identification information or the mobile number provided by the Account Holder is found to be false, misleading, incorrect, incomplete, or not pertaining to the Account Holder, the Bank shall reserve the right to take such action as it deems fit, including without limitation, blocking/ closing the BB Account.

H. Closure/ Suspension/ Termination of the BB Account and/ or Services
1. The Bank may at any time close or suspend the BB Account for any reason whatsoever, including without limitation, if:

(a) The Account Holder discloses or compromises the PIN or his/ her CNIC is not verified.

(b) The Account Holder does not adhere to these Terms and Conditions.

(c) The Agent is in breach of the Branchless Banking Agency Agreement.

(d) The Account Holder uses the Services illegally or in a manner not authorised by the Bank.

(e) Due to dormancy.

(f) Death, bankruptcy or lack of legal capacity of the Account Holder.

2. The Customer may at any time terminate the Services and/ or the BB Account by giving the Bank such notice in writing and/ or by contacting Phone Banking. Subject to these Terms and Conditions, any credit balance in the BB Account shall be returned to the Account Holder though OTP (one-time passcode) or banker’s cheque as per the Bank’s policy.

3. Notwithstanding closure of the BB Account, the Account Holder’s full indebtedness to the Bank with respect to all transactions shall remain due and payable. The Bank reserves the right to set off Account Holder’s full indebtedness to the Bank against any other account held with the Bank.

4. The Bank reserves the right to close any BB Account in case the Account Holder is in breach of these Terms and Conditions or a BB Account, which in the Bank’s opinion, is undesirable/ not satisfactorily operated upon and/ or does not meet the parameters of KYC policy/ the Bank’s policy regarding account maintenance. On exercise of such right by the Bank and closure of the BB Account, any ancillary services/ products, including the Services attached to such BB Account (e.g. Debit Card, etc.) may be terminated/ cancelled by the Bank.

I. Ancillary Provisions
1. The Account Holder must ensure that all account related/ personal information disclosed with the Services is kept confidential and shall not be disclosed by the Account Holder, unless required by law or any Court to be disclosed.

2. Subject to provisions of these Terms and Conditions, the Bank may collect, use and disclose the Account Holder’s personal data, only after securing specific, express, prior consent from the Account Holder, for providing the following marketing material:

(a) Information sent by the Bank about the Bank’s products and services, including updates on the latest promotions, new products and services.

(b) Information sent by the Bank on alliances with third parties’ products and services, such as updates on their latest promotions, their new products and services.

3. The information reflected in the preceding paragraph may be shared with the Account Holder through (a) email (b) text message (c) phone call and/ or (d) social media. Please note that data may be sent through outsourced vendors, and security measures in accordance with the law shall be used to protect any personal data that may be disclosed for that purpose. If the Account Holder does not want their personal data used for marketing purpose, he/ she is required to contact the Bank to withdraw this consent for use and disclosure of the Account Holder’s personal data by calling Phone Banking.

4. The Account Holder also agrees that the Bank may disclose, to other institutions, such personal information as may be reasonably necessary for reasons including but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for credit rating by recognised credit scoring agencies, for audit, provision of services by any third party collection and fraud prevention purposes.

5. The Bank is authorised to make such disclosures in respect of the BB Account and the Services as may be required by any Court order or competent authority or agency under applicable laws and/or otherwise to safeguard the interests of the Bank.

6. The Bank may outsource certain functions to third parties for the provision of efficient services subject to regulatory requirements.

7. All calls made by an Account Holder to Phone Banking may be recorded and recorded tapes of the same may be presented as evidence.

8. The Account Holder confirms that all information and data disclosed by the Account Holder is correct, accurate and true in all aspects and there is no undisclosed material information which would affect the Bank’s decision to extend any of the BB Account facilities and the Services to the Account Holder.

9. The Bank reserves the right to refuse to open a BB Account/ establish relationship with an applicant who is not willing to provide FATCA and CRS related information. This includes submission of foreign tax forms. The Bank shall have the right to disclose personal information of the Account Holder’s account, directly or indirectly to foreign regulators or Tax Authorities (or their representatives or agents) or any other authority or jurisdiction as deemed necessary by the Bank.

10. The Account Holder acknowledges that any or all information provided to the Bank (including without limitation) regarding the Account Holder and any reportable account(s) may be provided either directly or indirectly to the Tax Authorities of the country/ jurisdiction in which this account(s) is/are maintained and exchanged with Tax Authorities of another country/jurisdiction or countries/jurisdictions pursuant to intergovernmental agreements to exchange financial account information.

11. The Account Holder hereby indemnifies and holds the Bank and its directors, officers, representatives and employees harmless from all costs, expenses, losses, damages, liability, penalties incurred, suffered and/or imposed on the Bank as a result of any suits, proceedings and/or litigation arising out of or in any manner connected with information supplied by the Account Holder to the Bank, usage and operation of the BB Account and transaction conducted therein. Notwithstanding anything to the contrary stated herein, the Account Holder shall not be obligated to indemnify the Bank if any penalty is imposed on the Bank by SBP solely due to the negligence or wilful misconduct of the Bank.

12. Subject to the applicable local laws, the Account Holder authorises the Bank and or any of its Affiliates, Subsidiaries (including branches) to share the Account Holder’s personal information with respect to any of his/ her accounts with the Bank directly or indirectly with the overseas Regulators or Tax Authorities where necessary, to establish his/her tax liability in any jurisdiction.

13. The Account Holder shall not utilise the BB Account for money laundering and/or any, terrorist activity and/ or illegal activity.

14. The Account Holder shall ensure that the source of funds in the BB Account is not unlawful and/or illegal.

15. The Account Holder shall comply with and act in accordance with all the requirements which the Bank may from time to time notify and any directions given by the Bank in relation therewith. The Account Holder shall provide the Bank with any information/documents including undertakings and/or declarations and/or signing any and all forms, within the specified timeframe, which in the opinion of the Bank are necessary and appropriate. In case the Account Holder ceases or fails to comply with the Bank’s requirements or ceases or fails for whatsoever reason to provide any necessary undertaking or declaration or fails to sign any required forms/ documents, the Bank shall have the right to close and terminate the BB Account.

16. The Account Holder hereby further authorizes the Bank to use its GSM/cellular information which may include billing information, mobile credit, voice and data usage history, mobile app and content consumption patterns and more. This information would solely be used for the provision of Services including but not limited to generating credit score for any lending products of the Bank.

J. Statements/ SMS Alerts
1. In consideration of the Account Holder agreeing to receive electronic statements and alerts via e-mail, text message, voice mail, IVR or other electronic means, the Bank shall under no circumstances be held responsible or liable by the Account Holder for any delay in delivery of the electronic statements and/or alerts, nor the inaccuracy of the information contained in such electronic statements and alerts. The Bank shall not be liable for its inability to deliver the alerts altogether.

2. The Account Holder expressly agrees that the Bank is not liable for sending semi-annual statement of BB Account to the Account Holder. [The Account Holder has an option to view the last few transactions using BB channels (e.g. mobile phone) free of cost. It is being clarified and understood that electronic/hard copy of statements will only be issued on the Account Holder’s request received through Phone Banking with charges as per the Bank’s Schedule of Charges.

K. Amendments
1. The Bank may from time to time amend these Terms and Conditions or the Services at its sole discretion with prior notification of to the Account Holder using any electronic channel i.e. website, e-mail, and text message sent to the Account Holder’s registered mobile number. By continuing to use any existing or new Services as may be introduced by the Bank, the Account Holder shall be deemed to have accepted the amended Terms and Conditions.

L. Waiver, Cession and Assignment
1. Any failure by the Bank to enforce its rights will not constitute a waiver of such rights.

2. The Account Holder may not cede, assign or transfer in any way any of the rights and obligations to any other person or entity without the express and prior consent of the Bank.

M. Dormancy/Reactivation of Account
1. BB Accounts that remain inoperative for twelve (12) months will be classified as dormant/ inactive. Credit transactions will be allowed in such accounts. The Bank reserves the right to disallow debit transactions in such BB Accounts while the BB Accounts remain dormant/ inactive. However, debits in respect of recovery of loans and mark-up etc. any permissible charges, Government duties or levies and instructions issued under any law or from the Court and/or any amount recoverable by the Bank will not be subject to debit or withdrawal restriction.

2. The Account Holder will be able to reactivate his/her dormant BB Account as per channels available (i.e. Phone Banking, Agent etc.) after providing required verifications. After activation, the Account Holder will be required to conduct a financial transaction in the BB Account for reactivation thereof.

N. Complaint/Fraud/Customer Protection
1. If the Account Holder thinks he/she has been a victim of a Branchless Banking fraud, he/she must inform the Bank as soon as he/she becomes aware that a suspicious transaction has occurred and report the case to the Bank to register the fraud and/or complaint.

2. The Account Holder will also be required to cooperate with the Bank and the law enforcement agencies in any investigation conducted into losses the Account Holder has suffered. The Bank will investigate all reported cases of Branchless Banking frauds and possible solution will be provided to the Account Holder.

3. The Customer shall not be liable for the acts or omissions of the Agent, provided, however that the Customer follows the due process required by the Bank and subject to the Bank’s investigation and dispute resolution procedures. The Bank, its employees, directors, representatives or Affiliates shall not in any way be liable or responsible in any manner whatsoever if the due process is not followed by the Customer e.g. should the Customer’s PIN be compromised/forgotten by the Customer including, but not limited to, acts or omissions (including fraud) by the Agent and/or the Customer resulting in discrepant/ incorrect/ erroneous transactions.

O. Modes for Registering Complaints
1. The Bank shall endeavour to initiate processing of all Account Holder complaints within a reasonable time upon due receipt. An acknowledgment of complaint(s) will be sent to the Account Holder with an estimated resolution time (communication will be made using communication channels at the Bank’s discretion). In case the complaint(s) is/are launched at Phone Banking, the Phone Banking Officer will also communicate the estimated redressal time. The Bank will investigate the complaint(s) and endeavour to revert to the Account Holder as soon as reasonably possible.

P. Change of Address
1. Any change in the address, constitution or any other particulars of the Account Holder provided to the Bank should be immediately communicated to the Bank in writing/via Phone Banking or through the Zindigi App. The Bank shall not be responsible or liable for any delay or non-delivery of communication sent to the Bank by the Account Holder.

Q. Miscellaneous
1. Each of the provisions of these Terms and Conditions is severable and distinct from others. The invalidity, illegality or unenforceability of any provisions of these Terms and Conditions shall not affect the continuation in force of the remainder of these Terms and Conditions.

2. These Terms and Conditions and all other documents (if any) executed by the Account Holder connected/ancillary/related to Branchless Banking shall constitute the entire agreement between the Bank and the Account Holder in respect of the BB Account and the Services.

3. These Terms and Conditions shall be governed by the laws of Pakistan.

R. Account Linking
1. The Customer’s registered Zindigi App account number must be the same as the contact number on the Customer’s Bank account through biometric verification.

2. The Customer’s Bank account and Zindigi App account must have the same CNIC registered with it.

3. The Customer shall remain responsible for protecting personal information and login credentials to prevent any unauthorised or fraudulent activity.

S.  Account Upgrading
1. Account upgrading means, shifting from the “Basic” account to “Advance” account with higher transaction limits. The detailed limits are available on the website of the Bank.

2. Account upgrading may also be requested at the location of an Agent or through Zindigi App.

3. The Customer will be required to perform his/ her biometric verification in order upgrade the BB Account.

4. To facilitate Home Remittances for customers, L1 account holders can link their Home Remittance account or (HRA) to their existing L1 accounts as a current account and can transfer funds from the HRA account to their L1 account for use under the regulations issued by the regulator

T. Home Remittance Account

1. A Customer who has his/ her BB Account linked to Home Remittance Account shall be able to receive home remittance through the BB Account.

2. The Customer can receive foreign remittance on his/ her mobile wallet and perform financial transactions through the Zindigi App, Zindigi Debit Card or through an Agent. [please insert any relevant terms] U. Zindigi App – Special Features Zindigi is a Branchless Banking Account which offers all related services along with additional products.

Acknowledgement:
The Account Holder is bound by all Terms and Conditions stated herein and agrees to observe the above, and to accept any changes, supplements or modifications thereto, that may be made by the Bank, from time to time. The Account Holder acknowledges to have read and thoroughly comprehended the contents mentioned herein and confirms that the same are completely understood and acceptable to the Account Holder and the Account Holder hereby undertakes to comply with, and act in accordance with all the requirements of the Bank, from time to time, and any directions given to by the Bank in relation therewith. The Account Holder undertakes to provide the Bank with any information/documents, including, without limitation to the undertakings and/or declarations and/or signing any and all forms, within the specified timeframe, which in the opinion of the Bank are necessary and appropriate. In case, the Account Holder ceases or fails to comply with the Bank’s requirements or ceases or fails, for whatsoever reason, to provide any necessary undertaking or declaration or fails to sign any required forms, as set out above, the Bank shall have the right, at its own discretion, to close and terminate the account/relationship. The Account Holder further exhaustively acknowledges that he/ she clearly understands that he/ she will be held accountable for the consequences, if any, regarding the aforementioned details, and hold the Bank indemnified against legal action(s), claim(s) or liability(ies) and from loss, damage or harm, of any kind, whatsoever. The Bank reserves the right to close any account, which in its opinion is undesirable / not satisfactorily operated upon, or not meeting the parameters of KYC policy/Bank’s policy regarding account maintenance. The Bank also reserves the right to terminate any other type of Customer relationship(s), e.g. Debit Card, etc.