These terms are applicable to all accounts opened with Union Bank of Nigeria Plc (“The Bank”) and all banking transactions between the Account Holder and the Bank. By signing/affixing thumbprint below, the Account Holder agrees to be bound by these terms and conditions.
- The Bank shall have no obligation to open, create or permit the operation of the requested account until receipt of all specified requirements for the account. The Bank reserves the right to reject the creation of the account or close the close the account (if it has been opened) where any information supplied is found to be false, incorrect or misleading.
- The Account Holder agrees to promptly notify the Bank of any subsequent change in any of the account information supplied.
- The Account Holder agrees to maintain the minimum balance and all other conditions applicable to all accounts, including Savings, Current and Domiciliary and the Bank, at its sole discretion reserves the right to close the account where the conditions are not maintained or where the account has been operated illegally or to further a criminal activity.
- The Account Holder agrees that unless there is an agreement in writing with the Bank, only tellers sitting across the counters are authorized to handle cash and cheque transactions. The Account Holder further agrees that the Bank will not be liable for funds handed over to unauthorized staff outside normal banking hours and/or outside the Bank premises.
- The Account Holder agrees to assume full responsibility for the genuineness, correctness and validity of all endorsements appearing on all cheques, orders, bills, notes, negotiable instruments, receipts and other documents deposited in the Account Holder’s account.
- The Account Holder agrees to be personally liable for the repayment of any overdraft with interest or obligation arising from or in connection with the account and the Bank is hereby authorized to debit the Account(s) with all interest, commission and/or other banking charges (including legal charges) incurred in connection with the account.
- The Bank shall not be held liable for any loss of funds deposited with the Bank due to any future governmental order, law, levy, tax, embargo, moratorium, exchange restriction and all other causes beyond the Bank’s control.
- In addition to any general lien or similar right, to which the Bank as a banker may be entitled by law, the Bank may at any time and without notice to the Account Holder combine or consolidate all or any other accounts with any liabilities to the Bank and set off or transfer any sum or sums standing to the credit of the Account Holder or other related parties towards satisfaction of the Account Holder’s liabilities to the Bank whether such liabilities be actual or contingent primary or collateral and several or joint.
- The Account Holder agrees to repay any facilities obtained from the Bank as and when due. Where the Account Holder fails to repay the facility as agreed, and the facility becomes delinquent, the Bank shall have the right to report the delinquent facility to the CBN through the Credit Risk Management System (CRMS) or by any other means, and request the CBN to exercise its regulatory power to direct all banks and other financial institutions under its regulatory purview to set-off the Account Holder’s indebtedness from any money standing to the credit of the Account Holder in any bank account and from any other financial asset they may be holding for the Account Holder’s benefit.
- The Account Holder covenants and warrant that the CBN shall have the power to set-off any of the Account Holder’s indebtedness from all such monies and funds standing to the Account Holder’s credit/benefit in any and all such accounts in other banks or from any other financial assets belonging to the Account Holder and in the custody of any such bank.
- The Account Holder hereby waives any right of confidentiality whether arising under common law or statute or in any other manner whatsoever and irrevocably agrees not to argue to the contrary before any court of law, tribunal, administrative authority or any other body acting in any judicial or quasi-judicial capacity.
- The Account Holder shall not issue cheques without adequate funds in the account and the Account Holder shall accept all responsibility and liability arising from the issuance of cheques. The Bank shall be obligated to report the issuance of dud cheques to relevant Credit Bureau Registries and Security Agencies for investigation and prosecution.
- If any cheque credited to the Account Holder’s current account is returned dishonoured, the same may be returned to the Account Holder through the last known address either by bearer or post.
- The Account Holder agrees to be bound by these and other terms and conditions regulating the operations of the bank account(s) and other financial services including but not limited to Electronic Banking, Mobile Banking, Card services, Telephone Banking, Automated Teller Machines and Money Transfer services.
- The account relationship hereby established shall be governed and construed in accordance with Nigerian laws and by reference to the accepted principles and practices of banking.
- Any claim in respect of any dispute, differences or controversy arising out of or relating to or in connection with the opening and operation of the account shall be referred to arbitration in Nigeria under the Arbitration and Conciliation Act Cap A18, LFN 2004. The dispute shall be resolved by a sole arbitrator to be appointed by the Chairman of the Chartered Institute of Arbitrators UK (Nigerian Branch) and the Award/Decision of the arbitrator shall be final and binding on the parties. The language to be used in the arbitral proceedings shall be English. Notwithstanding anything to the contrary anywhere in these terms, the Bank reserves the right to elect to bring legal proceedings against the Account Holder in any court of competent jurisdiction in respect of any dispute arising out of relating to or in connection with these terms and conditions:
- Provided that in the event of any disputes, no suit or proceedings of any kind shall be brought against the Bank by the Account Holder before the expiration of a period of thirty (30) days after written notice of intention to commence the suit (Claim Notice) shall have been served on the Bank by the Account Holder or its agent; and such notice shall clearly and explicitly state the cause of action, the particulars of the claim and the relief which it claims against the Bank.
- The Bank reserves the right to apply restrictions to the account and make necessary disclosures to appropriate legal, regulatory and tax authorities at any time.
- If an Account Holder is or becomes resident in the US, the Account Holder shall promptly notify the Bank and complete and return to the Bank as soon as reasonably possible any relevant US tax or waiver documentation that applies to the Account Holder and/or relevant US tax or waiver documentation which the Bank may request from time to time.
- It is agreed that the Bank shall have the right to modify the nature, conditions and stipulations of these general terms and conditions including the rate of interest, commissions and other conditions to any account by written notice to the Account Holder or by notice posted in the banking hall. Any such amendments shall be binding on the Account Holder from the date of the said notice whether or not the Account Holder actually received the notice.
- The Account Holder agrees to accept as due notification, any notice of change in the conditions governing the account which is sent to the Account Holder’s last known address or posted in the banking hall and to be bound by such change.
- The Account Holder agrees that as a pre-account opening condition, the Bank is authorised to carry out its due diligence on the Account Holder from the Credit Risk Management System (CRMS) and at least two credit bureaux or such other checks as may be required by any regulatory agencies from time to time and the Account Holder hereby authorizes the Bank to debit its accounts for the cost of such checks.
I/We (“Account Holder”) hereby confirm and agree that the following terms and conditions shall govern my/our electronic banking transactions with Union Bank of Nigeria Plc (“the Bank”):
“Access Code” means either the PIN, Password, Internet Token code, Secure Message (Email and SMS) codes, Username, Card Verification Value (CVV) or Card Verification Code (CVC) through which the Account Holder will access the Service.
“Account” means a current or savings account or other account(s) maintained with the Bank at any of the Bank’s branches in Nigeria.
“ATM” means Automated Teller Machine that dispenses cash to or receives cash/cheque from account holders with the use of a debit card or credit card.
“ATM Card” means the credit or debit card used by an Account Holder for processing transactions through the ATM and via the internet.
“Mailing Address” means the Account Holder’s mailing address in the Bank’s record as updated from time to time.
“PIN” means your personal identification number.
“POS” means Point of Sale.
“Secure Message Facility” means the facility within the e-Banking Service that enables the Account Holder to send electronic messages (e-mail and SMS) to the Bank, including without limitation free-format messages, fixed format messages or instructions to make payments, requests to for cheque books, banker’s drafts or the purchase and sale of securities and interest in mutual fund.
“Service” means the Electronic Banking Services of Union Bank of Nigeria Plc (the Bank) including ATM and POS services, Internet Banking, Telephone Banking, Mobile Banking. Secure Message Facility, USSD Banking and Bills Payment Services.
- The Service allows the Account Holder to give the Bank instructions by use of the Access Codes through telephone, mobile app, secure message (Email and SMS) and USSD services for the following purposes of:
- Obtaining information regarding Account Holder balances at the last date of business with the Bank.
- Obtaining information regarding any instrument in clearing, or any credit standing in the Account Holder’s account as the last date of transaction on the said Account Holder’s account.
- Authorizing the Bank to debit the Account Holder’s account to pay specified utility bill such as Telephone bills, Electricity bills, Water Rates and/or any other bills as specified by the Account Holder subject to validity of such bill payment under the Service.
- Authorising the Bank to effect a transfer of funds from the Account Holders’ account to any other account with the Bank or any other bank.
- Authorizing the Bank to effect any stop payment order.
- Authorizing the Bank to debit Account Holders’ account and load same amount into a debit card.
- The Bank on its part shall endeavour to carry out the Account Holder’s instruction promptly, except in unforeseen situations such as Act of God, force majeure, system failure and any other causes outside of the Bank’s control
The Account Holder understands that his/her Access code is used to give instructions to the Bank and accordingly undertakes:
- a) That under no circumstance shall the Access code be disclosed to a third party. Not to write the Access Code in order to avoid same being compromised.
- The Account Holder instructs and authorizes the Bank to comply with any instructions given to the Bank through the use of the Service.
- Where an Account Holder notifies the Bank of his/her intention to change his/her Access Code arising from loss of memory of same, or that it has become known to a third party. the Bank shall with the consent of the Account Holder delete same and thereafter, allow the Account Holder to enter a new Access Code PROVIDED that the Bank shall not be responsible for any loss that occurs between the period of such loss of memory of the Access Code or its being authorized to a third party and the time a report is duly lodged with the Bank.
- The Account Holder shall bear full responsibility for any instruction given by any means of his/her Access codes. Accordingly, the Bank shall not be liable for any fraudulent, or erroneous instructions received by means of the Account Holder’s Access codes.
- The Account Holder’s Access code must be changed immediately before it becomes known to any third party. The Account Holder is therefore obliged to notify the Bank whenever his/her Access Code and or password becomes compromised.
- The Account Holder may be charged an applicable monthly fee and/or usage fee upon signing-on for the Services whether or not the Account Holder utilizes the Services during the period in question.
- The Bank shall not be liable for any loss or damage, whether direct or indirect, special, incidental or consequential including but not limited to damages for loss of profits, goodwill, use or other intangible losses arising out of or in connection with the Services or use or inability to use the Service, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation, transmission, computer virus or line or system failure, whether or not the Bank or its representatives thereof were advised of the possibility of such damages.
- The Account Holder undertakes:
- To, always, provide true, accurate, and up-to-date information about himself/herself as requested by the Bank, and agrees not to misrepresent his identity or information, which may include user name, password or other access codes for such accounts.
- Not to use the Services for illegal purpose or for transmission of material that is unlawful, libelous and obscene and further agrees that the right use of this Services is personal and not assignable or transferable.
- In consideration of the Bank providing the Services, the Account Holder further agrees:
- That where an ATM Card is issued to the Account Holder, the card shall be kept secured always and the PIN, CVV and CVC will not be disclosed to any third party for any reason whatsoever.
- That all transactions at any ATM, POS terminal or via the internet made with the Account Holder’s ATM card and access codes shall be treated as having been authorized by the Account Holder.
- That if any account that may be accessed by the Account Holder’s card is a joint account with more than one signatory, all transactions at any ATM, POS terminal or via the internet that are made with the ATM card and Access Codes shall be treated as having been authorized by all the joint holders of the account.
- That cash withdrawals made with the ATM Card and Access Code shall not exceed the maximum limit as may be specified by the Bank from time to time.
- That cash withdrawals at the ATM shall be deemed to have been concluded at the point when the ATM dispenses cash to the Account Holder via the cash tray. The Bank accepts no liability whatsoever for any subsequent event occurring after cash has been dispensed.
- That the ATM Card issued to the Account Holder remains the property of the Bank and the Bank at its sole discretion may cancel the ATM Card or request its return at any time.
- That the ATM Card will be promptly returned to the Bank on demand and that the ATM may impound the ATM Card at any time if the circumstances so warrant.
- That the card shall expire on the date indicated thereon and may at the discretion of the Bank, be renewed.
- That the Bank shall not be liable for any machine malfunction, strike or dispute or any other circumstances affecting the use of the card where such matters are not within the direct control of the Bank.
- To be liable for all losses arising from use of the card by any person having possession of it with the Account Holder’s consent or due to the Account Holder’s negligence.
- The Bank reserves the right to charge fees and commission and debit the account of the Account Holder for such fees and commissions, as it may deem appropriate for the use of the Services.
- That if The ATM Card is lost or stolen, the Account Holder shall promptly make a written report to The Bank or its nearest branch and take necessary steps as the Bank may request assisting in the recovery of the card. The Account Holder further agrees to be liable for any loss arising from the use of his/her cards or PIN, CVV or CVC by any unauthorized person up to two working days after the Bank receives written notification of the loss of the card.
- If the ATM Card is lost, missing or stolen, or the Access Code is forgotten, the Account Holder shall promptly report such loss in writing or through the Account Holder management system to the Bank and shall obtain a new card from the Bank at a prescribed fee.
- That his/her rights under the Service are personal and therefore not assignable or transferable.
- That the Bank may vary the terms of the Service at any time without notice to the Account Holder.
- To activate the ATM Card before leaving the Bank’s branch
- The Bank reserves the right to modify, suspend or discontinue the Services entirely at any time without notice. In order to maintain the security and integrity of the Services, the Bank may also suspend Account Holder’s access to the Services at any time without notice. The Account Holder agrees that the Bank shall not be liable to him/her or any third party for any modification or discontinuation of service.
I/We, the Account Holder(s) confirm and agree that the use of Union Bank of Nigeria Plc (“you/your”) Alert and Statement Banking Service shall be subject to the following terms and conditions:
- I hereby accept responsibility for the confidentiality and security of your alert message and shall ensure that my mobile phone is kept in safe custody and that I alone have access to your alert.
- The alert banking service is an information service which is given after the occurrence of all transactions; messages sent by alerts are therefore presumed and treated as having been authorised by me and you shall therefore have no liability whatsoever to me.
- Where I operate a joint account or an account with more than one signatory for this service, all transaction messages shall be treated as having been authorized by me and you shall therefore not be liable to me if it turns out that such transactions were carried out without due authorization.
- You shall not be liable for any loss arising from my inability to receive notification messages due to system down time arising from:
- Circumstance beyond your control, including strikes and dispute;
- System maintenance, upgrading or similar circumstance; and
- Failure of service provider to deliver SMS on time.
- I/We agree to pay your scale of fees and commission as may be specified from time to time, for the provision of this service. I hereby authorize you to debit any of my account(s) with such fees and commission.
- I/We agree that my/our rights under this agreement are personal and therefore not assignable or transferable.
- If you provide by e-mail any confidential information requested by me, I agree that you shall not be liable if the information provided is lost or intercepted, altered or misused by a third party.
- Where my mobile phone is lost, missing or stolen, I undertake to make a report to you within 24hours and the service shall be terminated for the affected line immediately.
- You shall not be liable for any information that is disclosed to any person due to my negligence.
- You may terminate this service with or without notice if circumstances so warrant.
The cardholder agrees that by using a Priority Pass card or, if applicable, its corresponding Digital Membership Card, they agree to and accept these Conditions of Use. These Conditions of Use will prevail over any other terms and conditions provided to the cardholder in relation to use of the Priority Pass card or its corresponding Digital Membership Card.
- The Priority Pass card is not transferable and is only valid up to its date of expiry and when it has been signed by the cardholder. The card may not be used by any person other than the named card holder and only one Priority Pass card may be used for each lounge visit.
- The Priority Pass card is not a payment card nor is it proof of credit worthiness and attempts to use it as such could constitute fraud.
- Admittance to a lounge is conditional upon presentation of one valid Priority Pass card or, if applicable, its corresponding Digital Membership Card per person only.
- Lounge visits are subject to per person per visit and the charge is $27. Where a card holder has accompanying guests, the $27 charge shall be debited to the cardholder’s payment card.
- The Bank may amend the lounge visit charges at any time on providing 30 days’ notice in advance of such change. If the cardholder does not accept any change in the lounge visit charges, the Bank shall have the right to terminate their membership by cancelling the card.
- When presenting the Priority Pass card on entering the lounge, lounge staff will either electronically scan or take an imprint of the card and issue a ‘Record of Visit’ voucher to the Bank or make a log entry. The cardholder must sign the ‘Record of Visit’ voucher, or sign the electronic reader (as applicable), which will also reflect the exact number of accompanying guests, if any, but does not show any per person per visit charge. The charge per visit for the cardholder, where relevant, and that for any guests will be based on the ‘Record of Visit’ voucher/ log submitted by the lounge operator.
- The lounge staff will, where appropriate, make a voucher imprint/log entry of the Priority Pass card, and the cardholder is responsible for ensuring the ‘‘Record of Visit’’ voucher/receipt/log correctly reflects their own usage and that of any guests at the time of using the lounge. Where applicable, the cardholder is responsible for retaining the Cardholder’s copy of the ‘‘Record of Visit’’ voucher or receipt presented to them at the lounge.
- Where applicable, cardholders may use a Digital Membership Card for lounge admittance. This is a barcode that represents the cardholder’s Priority Pass card and is not transferable.
- All participating lounges are owned and operated by third party organizations. The cardholder and accompanying guests must abide by the rules and policies of each participating lounge and the cardholder accepts that registering for a lounge does not guarantee continued access. The cardholder accepts that neither the Bank nor the Priority Pass Group of companies have control over the lounge operator’s decision to admit any cardholder, the number of people allowed in any lounge at any time, facilities offered, the opening/closing times, the length of time which cardholders may spend in the lounge and any charges payable for extended lounge visits or the personnel employed by the lounges. The administrators of Priority Pass will use reasonable endeavors to ensure the benefits and facilities are available as advertised, but the cardholder accepts that the Bank and the Priority Pass Group of companies do not warrant nor guarantee, in any way, that all or any of the benefits and facilities will be available at the time of the cardholder’s visit.
- The cardholder further accepts that the Bank and the Priority Pass Group of companies are not liable for any loss to the cardholder, or any accompanying guests, arising from the provision or non-provision (whether in whole or in part) of any of the advertised benefits and facilities.
- Participating lounges have no obligation to announce flights and the cardholder accepts that the neither the Bank nor the Priority Pass Group of companies shall be held liable for any direct or indirect loss resulting out of any cardholder and/or accompanying guests failing to board their flight(s). It is the cardholder’s responsibility to check the relevant entry requirements for any country being visited and to have the correct travel documentation for the journey.
- The provision of free alcoholic drinks (where local law permits) is at the discretion of each lounge operator and in some cases, may be limited or unavailable. In such cases the cardholder is responsible for paying any charges for additional consumption or Premium alcoholic drinks direct to the lounge. (See individual lounge descriptions for details.)
- Telephone and Wi-Fi facilities (where available) vary from lounge to lounge and are provided at the lounge operator’s discretion. Free usage of telephone facilities is normally limited to local calls only. Charges for any other lounge facilities are at the discretion of each lounge operator and the cardholder is responsible for paying these direct to the lounge.
- Admittance to lounges is strictly subject to cardholders and any guests, if permitted, being in possession of a valid flight ticket and travel documents for the same day of travel. Airline, airport and other travel industry employees traveling on reduced-rate tickets may not be eligible for access. Outside the US, flight tickets must be accompanied by a valid boarding pass for a departing flight, i.e. outbound passengers only. Please note some lounges in Europe are located within designated Schengen areas of the airport which means that access is only provided to these lounges if cardholders are traveling between Schengen countries (an up to date list of Schengen countries is detailed at http://ec.europa.eu/dgs/homeaffairs/what-we-do/policies/borders-and–visas/schengen/index_en.htm).
- Admittance to lounges is subject to cardholders and any guests (including children), if permitted, behaving and dressing in accordance with the relevant lounge terms and conditions and any person not complying with such terms and conditions may be asked to vacate the lounge facilities. The Bank and the Priority Pass Group of companies are not liable for any loss suffered by the cardholder and any guests where a lounge operator has refused admission because the cardholder and/or guests have not complied with these conditions.
- To the fullest extent allowed by law, the Bank and the Priority Pass Group of companies accept no responsibility for the actions of the card holder when using any participating lounge and shall not be responsible for any personal belongings brought into a lounge by cardholders.
- Lost, stolen or damaged Priority Pass cards are to be notified immediately to the Bank. Replacement card attracts a fee of N1,000.
- In the event of the cardholder cancelling or not renewing their Priority Pass card with the Bank the Priority Pass card shall be invalid effective from the cancellation date or the expiry date their payment card. Any lounge visits made by a cardholder using an invalid card, including any guests, shall be charged to the cardholder. If Priority Pass card has been revoked due to the cardholder’s payment card being cancelled, the Bank has the right to recover any outstanding charges from the cardholder’s account.
- Renewal terms and conditions are at the sole discretion of the Bank which has the right to refuse any request from the cardholder.
- If the cardholder has agreed to automatic billing, the card will be automatically renewed if the cardholder does not cancel the card, in writing, at least 30 days prior to the expiration date of the card.
- If the cardholder has agreed to standard billing, Priority Pass membership will expire if the cardholder does not inform the Bank that they wish to renew their membership in writing prior to the end of the membership.
- Neither the Bank nor the Priority Pass group of companies shall be held responsible for any disputes or claims that may occur between the cardholder and/or any guests and a lounge operator, and the Bank and the Priority Pass group of companies shall not be liable for any costs, damages, losses or expenses related to such disputes.
- The Bank and the Priority Pass group of companies reserve the right at any time in their sole discretion and without notice to revoke membership to Priority Pass or to terminate the Priority Pass Programme. Where applicable a proportional refund of the annual fee/enrollment fee (whichever is applicable) will be made provided revocation has not been made because of fraud or misuse by the cardholder.
- The cardholder agrees that s/he will defend and indemnify the Bank and Priority Pass group of companies, their directors, officers, employees and agents (collectively ‘the indemnified parties’) against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or damage to, or destruction of, any property arising from the use of any lounge by the cardholder or any other person accompanying the cardholder, except that such indemnification shall not extend to acts of gross negligence or willful misconduct by the indemnified parties.
- Neither the Bank nor Priority Pass make any representations as to any income, use, excise or other tax liability of cardholders because of their Priority Pass membership. Cardholders are advised to check with their accountant or tax adviser for further information. The cardholder is solely responsible for any tax liability as a result of Priority Pass membership.
- The Bank’s website may contain links to websites, offers or programs that are operated or owned by third parties that are not part of or controlled by the Bank. The Bank accepts no responsibility for the content of any such third-party websites, or in relation to the redemption of any offers by third parties. The Bank shall not be liable for any loss or damage that may arise from the cardholder’s use of any third-party websites, offers or programs.
- By entering payment card details for payment of the annual membership fee, the cardholder accepts that these card details will be used for payment for any lounge visits at the prevailing rate.
- The Bank acknowledges that the Priority Pass Group of companies is constantly trying to improve the services it provides. If the cardholder has any concerns or complaints they should contact Priority Pass. Priority Pass may monitor telephone calls to maintain and enhance its services. All complaints relating to any lounge visit should be made within six months of the relevant lounge visit.
- To make a complaint directly to Priority Pass, the card holder can: a. call Priority Pass on UK +44 208 680 1338, Hong Kong +852 2866 1964, USA -Dallas +1 972 735 0536 b. write to Priority Pass, PO Box 815, Haywards Heath, RH16 9LR, United Kingdom c. email at [email protected].
- Priority Pass will try to answer the cardholder’s query within five working days of receipt. If Priority Pass is not able to respond to a complaint within five working days, Priority Pass will send an acknowledgement letter to keep the cardholder informed of the progress Priority Pass is making.
- The Bank reserves the right, always, to make any changes to these Conditions of Use subject to giving cardholders reasonable notice as appropriate in the circumstances.
- To the extent permissible by local laws or regulations, these Conditions of Use shall be governed by and construed in accordance with English laws and the Bank and the cardholder submit to the non-exclusive jurisdiction of English courts to resolve any disputes that arise out of them.
- Any provision of these Conditions of Use declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforced ability, be deemed severable and shall not affect the other provisions of these Conditions of Use.
- If there is any conflict in meaning between the English language version of these Conditions of Use and any version or translation of these Conditions of Use, the English language version shall prevail.
INDEMNITY IN FAVOUR OF UNION BANK OF NIGERIA PLC USING UNION BANK ISSUED DEBIT / CREDIT CARDS FOR WEB TRANSACTIONS
(a) I/We have requested that Union Bank of Nigeria Plc (the Bank) to enable my card for web transactions without restrictions on any website that do not request for PIN, or second level authentication i.e. vbv (verified by Visa) Secure code or One Time Password (OTP). on
(b) I/We have agreed to be solely liable for all consequences that might arise from the use of my card on various websites that require no pin, OTP or other conditions as determined by the merchant
(c) I/We being mindful of the fact that circumstances could arise in the course of the usage of the Card that could lead to any loss(es) as a result from the exposure of the card details, card cloning, storage of the card’s details and possible use of the card and my/our data by unauthorized persons/parties and the carrying out of unauthorized activities using the my/our details, have agreed to execute an indemnity in favour of the Bank against any liability, loss, damage, claim or distress which the Bank may suffer in the course of the transaction.
NOW, THIS DEED WITNESSES AS FOLLOWS:
1. In consideration of the Bank providing Card based transactions to me/us, I/we hereby hold the Bank harmless and unconditionally and fully indemnifies the Bank against any liability, loss, damage, injury, claim or distress which the Bank may suffer as a result of completing the transaction.
- I/We hereby irrevocably undertake to truly indemnify the Bank at all times and hold the Bank harmless against any loss, claims, demands, liabilities, actions, damages and in the event of the commencement of any actions, investigations and proceedings, whether civil or criminal, to bear the cost and expenses associated with such action, investigation or proceedings which may be occasioned in consequence of enabling the acceptance of my card for web transactions for sites that do not request for second level authentication and to pay and/or the Bank on demand without contestation or cavil the amount all resultant charges and I/we hereby waive all right to contest the amount or nature of claims under this indemnity.
- To this end, I/we hereby authorize the Bank to debit my account(s) with the Bank for any such sums that the Bank may pay expend or lose under the terms of this Indemnity.
- My/Our obligation herein shall not be reduced by any claim by me/us against the Bank, its Directors, agents, privies, assigns, successors, employees or any other person whomsoever acting under the Bank’s authority.
5. This indemnity shall be continuing security in respect of any and all matters connected to or arising from the Bank processing such Transaction[s] and shall be governed by the laws of the Federal Republic of Nigeria.
1) I have requested UNION BANK OF NIGERIA PLC (“the Bank”) to act on the instructions that I transmit to the Bank by electronic mail (“email”) which appear to have been furnished to the Bank directly or indirectly by me to a computer owned by the Bank or otherwise, at any time regarding the operation of my account number and in relation to any business or transaction which I may have with the Bank or which the Bank may be acting on my behalf;
2) The Bank has informed me that it is prepared to act on email instructions which purport to emanate from me if it receives a release and Indemnity in the form hereof;
3) I am prepared to give such release and Indemnity.
NOW THEREFORE, I DO HEREBY:
1) Acknowledge that it is not practicable for the Bank to establish the authenticity of all instructions, messages emailed to the Bank which purport to emanate from me.
2) Agree that all emailed instructions, mandates, consents, commitments and the like
which purport to emanate from me shall be deemed to have been given by me in the form actually received by the Bank (“purported emailed instructions”) which may as a result of the malfunction of equipment, the distortion of communication links and the like, be different to that intended or sent and I shall be bound thereby;
3) Hereby waive any rights that I may have or obtain against the Bank arising directly or indirectly from any losses or damages which I may suffer because the Bank acted in accordance with my purported emailed instructions and I agree to indemnify the Bank in respect of any claims, demands or actions made against the Bank or losses or damages suffered by the Bank because it so acted.
4) This Indemnity shall be applicable even when the purported emailed instructions or facsimile contain any forgery, lack of authority to issue, wrong alteration or other misuse of document or if any transmission detail or information appearing on it are not genuine.
5) Agree to implement and adhere to any procedure and/or restrictions imposed on me by the Bank from time to time regarding the sending of email instructions to the Bank.
6) Agree that this release and indemnity will not be an admission of failure by the Bank to impose any or sufficient procedures or restrictions or to ensure that any or all of them are adhered to.
7) Agree that the Bank will not be obliged to act on any purported emailed instructions
and that it may at any time on written notice sent to me at my contact address or email address above stated withdraw from the arrangements envisaged in this document.