NIB Privacy Policy for Mobile App

WELCOME

Thank You for choosing National Investment Bank (NIB, us) as your Mobile Phone Banking needs provider. You are warmly welcome. We hope you enjoy your time on this App and with us.

NIB MOBILE APP TERMS AND CONDITIONS
These Terms and Conditions govern the Customer’s use of NIB’s Mobile Banking Service (the “Terms and Conditions”).
These Terms and Conditions take effect immediately after you sign on to the Application after downloading it online. We (NIB) may change these Terms and Conditions from time to time. The latest version of the Terms and
Conditions as changed applies each time you use our Mobile Banking Services.
You must read these terms carefully before using the Service. By signing up to use the services or also by virtue of your continued usage of the Service, you shall be deemed to have accepted and be bound by these terms as well as other terms governing the service, as amended from time to time. If you reject these terms and conditions you cannot use the functionalities of our Mobile Banking services and cannot continue to sign in to these services.

DEFINITIONS
In this Terms and Conditions, the following expressions shall have the following meaning:
“the Bank” – means National Investment Bank Limited (NIB) and where the context allows or requires, include its successors and assigns. (NIB).
“the Customer” – means an account holder of NIB who is now or henceforth registered on the NIB Mobile App Service.
“Mobile Banking Service” (“the Service”) – means any of the systems that enable the Customer to access his/her account and transact business, or obtain information on financial products and services using his/her mobile phone.

These systems are as follows:
II. NIB Mobile App
III. NIB Mobile Banking (including SMS Alert).
IV. NIB Mobile Wallet Solution.
VI. NIB Card Services (MC, Gh-Link etc.).
VII. NIB Mobile APP (to include QR, NFC etc.).


“Online” – means access to the Service through any of these prescribed systems (or channels):
I. the NIB Mobile Banking Application

“Password” means any confidential password, phrase, code or number, or any other
identification whether issued to the Customer by the Bank (including any Username and Memorable Answer) which may be used to access the Service through the designated systems (or channels) to effect Customer instructions.

“Personal Identification Number” means any confidential Pin, Code or number issued to the Customer by the Bank which may be used to access the Electronic Banking Service or to execute instructions.

No Customer shall use the Service without understanding and agreeing to the Terms and Conditions of the Service.

By using the Service, the Customer thereby agrees and consents to these Terms and Conditions, which form the contract between the Customer and Bank.
The Service shall be governed by these terms and conditions as amended by the Bank from time to time.
These terms and conditions shall be in addition to and not in derogation of other terms and conditions relating to any Account of the Customer and/or the respective service provided by the Bank unless otherwise specifically stated.

In consideration of the Bank allowing the Customer access to the Service, the Customer agrees with the Bank as follows:

1. HARDWARE AND SOFTWARE REQUIREMENT
a) The Customer shall access the Service by mobile phone either via a browser (such as Mozilla Firefox, Google Chrome, Opera, Internet Explorer and Microsoft Edge) or an application and the necessary browser software and hardware, connected to the customer’s preference of telephone service.
b) The Customer shall remain solely responsible for the purchase and maintenance of the device and associated browser hardware and software and the purchase of data to access the service.

2. NIB MOBILE BANKING APPLICATION
a) NIB Mobile Banking is another channel of NIB Electronic banking which is accessed through an application on a mobile device. The Customer can use the same login credentials to access his/her account on his/her mobile phone.
b) To access these features on your mobile device, you have to download the NIB Mobile Application from either the Google Play Store (for customers using android devices) or Apple Store (for customers using IOS) and launch the Mobile Banking service from your mobile app.
c) The customer shall not install software onto his/her mobile device that he/she is not familiar with or the Terms and Conditions of which the Customer has not read.

3. USERNAME, PASSWORD AND CONFIDENTIALITY
a) The Customer shall initiate all Mobile Banking transactions or inquiries by use of his/her mobile banking username and password.
b) The Customer shall not create a password or PIN that will be easy for others to determine. It is advisable to use a combination of upper and lowercase letters, numbers and characters.
c) The Customer shall keep his / her password or PIN confidential. The Customer shall act in good faith, exercise reasonable care and diligence in keeping the username, password or pin confidential. At no time and under no circumstances shall the customer disclose the username, password or PIN to any person or permit the mobile phone to come into the possession or control of any other person.
d) The Customer shall not write his/her password or PIN or keep his/her mobile phone in an open place to prevent third parties having access to his/her password or PIN. The Customer shall be fully responsible for any accidental or unauthorized access to the Mobile App on your phone, or for any accidental or unauthorized disclosure of the user name, password or PIN to any other person and shall bear the risks of the username, the password or PIN being used by unauthorized persons for unauthorized purposes.
e) The Customer shall change his/her password or PIN immediately it comes to the notice of a third party.
f) Where a Customer notifies the Bank of his intention to change his/her password or PIN resulting from memory loss, the Bank shall with the consent of the Customer immediately reset the old password or PIN and then allow the Customer to enter a new password or PIN PROVIDED THAT the Bank shall not be responsible for any loss that occurs between the period of such memory loss and the time that a new password or PIN is entered by the Customer.
g) Until 24hours following the Bank’s receipt of actual notice from the Customer (either in person, by designated email or by means of telephone at such telephone numbers as the Bank may from time to time prescribe about the password or PIN being in the control or possession of an unauthorized person, the Bank is exempted from any liability whatsoever for complying with any or all instruction(s) given by means of the Customer’s password or PIN, if in any way the password or PIN comes to the notice of a third party.
h) The use of the Customer’s password or PIN by any other person with his/her authorization shall be considered the same as the Customer’s written signature authorizing the Bank to complete any transaction or request communicated through the Mobile Banking Service.
i) The Customer shall be responsible for any instruction(s) given through the Customer’s password or PIN. Accordingly, the Bank shall not be responsible for any fraudulent, erroneous or duplicate instructions given through the Customer’s password or PIN.
j) Sharing of the Customer’s password or PIN is strongly discouraged by the Bank, and shall be done at the Customer’s sole risk and peril.
k) The use of the Customer’s password by its employee, relative, or any other person with its authorization shall be considered the same as the Customer’s mandate authorizing the Bank to complete any transaction or request communicated through the Service.
l) The Customer shall after viewing his/her account, close his/her browser page and exit the Service.
m) The Customer shall not leave his/her mobile phone or similar device referred to in 1(a) for accessing the Service at any place where a third party may have access to them.

4. CUSTOMER’S RESPONSIBILITIES
a) The Customer shall be absolutely responsible for safeguarding his/her password or PIN. Accordingly, the Bank is expressly exempted from any liability arising from unauthorized access to the Customer’s account as a result of the Customer’s failure to safeguard his/ her password or PIN.
b) The Customer shall ensure the secrecy of his/her password or PIN. Accordingly, the Bank is expressly exempted from any liability arising from the Customer’s breach of duty of secrecy.
c) The Customer acknowledges that it is the sole responsibility of the Customer to ensure that the use of the Mobile App Service is in accordance with the applicable laws rules and regulations. The Customer undertakes not to use the Service to effect payment(s) for any illegal purposes (i.e. transactions not permitted under applicable laws, rules and regulations) including but not limited to money laundering, transmission of any unlawful, libelous, offensive or obscene material.
d) The Customer shall be required to acquaint himself/herself with the process for using the Service and that he/she shall be responsible for any error made while using the Service.
e) It is the responsibility of the Customer to advise the Bank immediately of any change in his mobile number or loss/theft of mobile phone by adopting the procedure laid down by the Bank for the purpose.
f) The Telecom Service provider of the Customer may levy charges for each SMS / internet use on the mobile device and the Bank is not liable for any dispute that will arise between such telecom service provider and the Customer.

5. CUSTOMER’S GUIDELINES
a) The Customer shall provide true, accurate, current and complete information about himself/herself as requested by the Bank in the registration form. The Customer shall not misrepresent his /her identity.
b) The Customer shall not assign or make any commercial use of the Service.
c) The instructions of the Customer shall be effected only after authentication under his/her USER ID and PIN or through any other mode of verification as may be later stipulated at the discretion of the Bank.
d) While it shall be the endeavor of the Bank to carry out the instructions received from the Customer promptly, it shall not be responsible for the delay/failure in carrying out the instructions due to any reasons whatsoever including failure of operational system or due to any requirement of law. The Customer expressly authorizes the Bank to access his/her account information required for offering the services under the Service.
e) The Customer understands that the Bank or the his/her Telcom Service Provider may send a message for failure to process any request messages for the service request(s) sent by the Customer which could not be executed for any reason.
f) The Customer expressly authorizes the Bank to carry out all requests/ transactions purporting to have been received from his/her mobile device and authenticated with his/her password/PIN. In the case of payment facilities like fund transfer, bills payments etc. the customer shall be deemed to have expressly authorized the Bank to make the payment when a request is received from him/her.

6. BUSINESS DAYS AND NOTICE OF INTERRUPTIONS
a) Mobile Banking services are available every business day including weekends and holidays except as provided below: i) Technical failure or problems with a Communication System directly or indirectly involved in providing Internet and Banking Services, be it the Bank’s or a third party’s; ii) Problems with a telecommunication or electricity service; or iii) Other circumstances beyond our control.
b) The Bank may occasionally perform maintenance on systems and equipment and this may result in error messages or interrupted Services.
c) The Bank shall within twenty-four hours of a disruption or anticipated disruption inform the Customer through short messaging system or other means determined by the Bank.
d) If the Mobile Banking services are unavailable for any reason, the Customer should communicate with the Bank through his/her Branch, the nearest Branch or through the Bank’s Customer Service Department immediately to facilitate a swift resolution.

7. RECENCY OF INFORMATION
a) All account information provided through the Mobile Banking Application will be (current) as of the end of the preceding business day and will not reflect Bank transfers or deposits made since the end of the preceding business day and are subject to further adjustment and corrections.
b) It is the responsibility of the Customer to provide correct information to the Bank through the use of the Service or any other method. In case of any discrepancy in this information, the Customer understands that the Bank will not be in any way responsible for action taken based on the information. The Bank will endeavor to correct the error promptly wherever possible on a best effort basis, if the customer reports such error in information.
c) The Customer understands that the Bank will try, to the best of its ability and effort, to provide accurate information and shall not hold the Bank responsible for any errors or omissions that will occur due to reasons beyond the control of the Bank.
d) The Customer accepts that the Bank shall not be responsible for any errors which will occur in spite of the steps taken by the Bank to ensure the accuracy of the information and shall not have any claim against the Bank in an event of any loss/damage suffered as a consequence of an information provided by the Bank found to be not correct.

SERVICES
8. TRANSFER SERVICES TO AND FROM ACCOUNTS AUTHORIZATION
a) The Customer may use the Mobile Banking Application for the Services listed in Schedule 1 attached below. Other Services may be made available to the Customer as and when the Bank, adds on new Services.
b) The Customer may sign up to the Services by contacting the Bank.
c) The Customer expressly authorizes the Bank to debit the appropriate current or savings account in the amount of any bank transfer initiated through the Mobile Banking App/Service by the Customer or by any person who is authorized by the Customer to use his/her password or PIN.
d) The Bank may treat any such bank transfer from Current/Savings account the same as a duly executed written withdrawal or transfer.

9. LIMITATIONS OF SERVICES
a) The Customer’s ability to initiate bank transfers between deposit accounts may be limited by the terms of the Customer’s deposit agreement with the Bank.
b) The Bank may refuse to make any bank transfer for security reasons or otherwise provided in a deposit agreement with the Bank.
c) The Bank cannot postdate bank transfers.
d) The Service can be accessed for the same Account(s) on only one mobile device at time.

10. LIABILITIES OF THE BANK
a) The Bank will take reasonably practicable steps to ensure that its systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems, considering any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to the Bank, from time to time.
b) The Bank, does not warrant nor represents that the Service is free from virus or other destructive features which may adversely affect the Customer’s mobile device or equipment.
c) Due to the nature of the Service, the Bank does not warrant that access to the Service shall be uninterrupted, timely, or error free. The Bank may suspend any of the services provided to the customer under the Service without notice where the Bank considers it necessary or advisable to do so, for example to protect the Customer when there is a suspected breach of security or the Bank needs to suspend the Services for maintenance or where other urgent reasons so require. The Bank will within twenty-four hours inform the Customer through short messaging system, our website(s) or other means determined by the Bank, if any of the services is not available
d) In the event that the Bank has levied any charge to the Customer, which is specifically expressed to be for a particular service that is not available (which for the avoidance of doubt shall not mean any periodic fee charged for the Service as a whole) then the Bank shall reimburse the Customer this sum. Other than reimbursing any sum as set out above, the Bank will have no further liability to the Customer.

11. LIMITATION OF BANK’S LIABILITY
a) To the fullest extent permitted by law, the Bank shall not be liable whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of the Mobile Banking in accordance with the Terms and Conditions.
b) The Bank’s duties and responsibilities to the Customer are strictly limited to those described in these Terms and Conditions, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event, will the Bank be liable for any consequential, special or punitive damages, or for any direct or indirect loss, that the Customer may incur or suffer in connection with the Service, even if the Bank has been informed of the possibility of such damages.
c) To the fullest extent permitted by law, the Bank shall not be liable at any time to the Customer or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of the Bank’s responsibilities which is caused or occasioned by any act or thing beyond the Bank’s reasonable control, including without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, act of God, fire, storm, or other catastrophe.
d) Use by the Bank or its Customers of any information obtained via the internet or internet access service provider’s network is at the Customer’s own risk and the Bank cannot guarantee the accuracy or security of any internet or network content.
e) The Bank shall not be liable whatsoever for any damage or loss caused by the act, error, or omission of the Customer or any person purported to be acting for the Customer.
f) The Bank shall not be liable for any fraud or loss that arises from the use of the Customer’s password.

12. LIABILITY FOR UNAUTHORISED OR ERRONEOUS TRANSFERS
a) The Customer shall bear all security risks arising from the use of the Service except the Bank’s internal risks such as internal fraud and identity theft and/or access to any Information or Report or any other information as a result of such use by the Customer or any other person authorized by the customer.

b) If, in the reasonable opinion of the Bank, there is no negligence, fraud or fault on the part of the Customer, the Customer shall not be liable for loss or misplacement of funds caused by unauthorized transactions conducted through the use of Mobile Banking Service as a result of: –
i. computer crime which should have been prevented by the risks control and
management measures had the Bank adopted such measures in accordance with
Clause 10(a); or
ii. a human or system error of the Bank.
c) The Customer shall be responsible for all unauthorized or erroneous transactions initiated through Mobile Banking App.
d) The Customer shall indemnify the Bank, its officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Service, unless it is due to the gross negligence or willful default of the Bank, or its officers or employees.

14. NOTICE OF TRANSACTIONS
The Bank shall notify the Customer of any transaction on the Customer’s account through electronic notification as follows:
a) Transaction amount; b) Transaction type;
c) Any fees charged;
d) Unique transaction reference; e) Date and time of transaction;

15. ADDITIONAL SERVICES
a) The Bank may from time to time, make additional services available through Mobile Banking App and will notify the customer of the availability and the terms and conditions of these additional services.
b) The Customer, by using these additional services when they become available, agrees to be bound by any additional instructions, procedures, terms and conditions provided to him/her concerning these additional services.

16. FEES AND CHARGES
a) The service is available for a fee and service charges determined by the Bank from time to time. The Bank reserves the right to charge the Customer a fee for the use of the services provided under the Service. Display of such charges on the Bank’s website, Head Office and branches in a standard form determined by the Bank would serve as sufficient notice and the same is binding on the Customer.
b) Fees may be collected from the Customer in such manner and at such intervals as the Bank may specify. The Customer authorizes the Bank to debit any of his accounts with any fees and/or charges in relation to the use and/or termination of the services.
c) The Bank may give the Customer a prompt that continuing with the signing on process for any transaction would be taken as the Customer having read and accepted these Terms and Conditions.
d) The Bank shall give prior notice to the Customer of a change in the fee structure through short messaging service or any other means determined by the Bank .This shall be binding on the Customer if the Customer continues to maintain or use the services after the effective date of this Agreement.

17. INDEMNITY
a) In consideration of the Bank providing the Service, the Customer agrees to indemnify and hold the Bank harmless against all actions, claims, demands proceedings, loss, damages, costs, charges and expenses which the Bank may at any time incur, sustain, suffer or be put to as a consequence of or arising out of or in connection with any services provided to the Customer pursuant hereto.
b) The Customer shall indemnify the Bank for unauthorized access by any third party to any information/instructions/triggers given by the Customer or breach of confidentiality.

18. SERVICE CHANGES AND DISCONTINUATION
a) The Bank reserves the right to change or discontinue, temporarily or permanently the service at any time. In order to maintain the security and integrity of the Service, the Bank may also suspend the Customer’s access to the service at any time. The Bank will endeavor, in all cases, to inform the Customer through Short Messaging Service or other means determined by the Bank within twenty-four hours thereof.
b) The Bank will not be liable to the Customer or any third party for any modification or discontinuation of the service.
c) The Customer may cancel the Service by written request to the Bank at any time.

NOTICES

19. COMPLAINTS
a) All notices and other communications to the Customer shall be in writing and delivered to the email address and phone number (text message), the Customer has provided to the Bank.
b) All notices and other communications to the Bank from the Customer shall be in writing and delivered to the Bank’s address.
a) The Bank will endeavor to maintain a functional consumer complaints unit to which the Customer shall lodge complaints, if any, through phone calls, electronic mails, short messaging service and personal visit.
b) The Bank will endeavor to display the address, telephone numbers, and electronic mail address of the complaints resolution desk prominently at its branches and through its published electronic media channels (such as website, social media handles and publications).

20. MARKETING BY POST, EMAIL OR TEXT MESSAGES
The Bank assures you that it will not use without your permission, your Personal Information to contact the customer about products, services, and special offers from the Bank or other companies that may interest the customer via post, email, or text message.

21. AMENDMENTS
a) The Bank reserves the right to lay down further terms and conditions or to amend these Terms and Conditions (including any fees or charges) pursuant to the introduction of new products or technology or to take into consideration any increase in costs or decrease in the Bank’s return or for security, legal, regulatory or market reasons or changes in internationally accepted Banking practice.
b) The Bank will give reasonable notice to the Customer of any addition and/or changes to these Terms and Conditions. Such revised Terms and Conditions shall be binding on the Customer if the Customer continues to maintain or use the services on or after the effective date of variation.

22. RECORDS RETENTION AND DATA PROTECTION
a) The Bank will store information and instructions received from you through any means or device(s) used, for a minimum of six years, as required by law, and such information will be accessed by employees of the Bank (as is deemed necessary) on need-to-know basis.
b) The Bank will comply with Data Protection Act, 2012(Act 843) and all applicable laws and regulations relating to the processing, storage and use of personal data or privacy or any amendments and re-enactments thereof, and shall procure that its employees observe the provisions of the same.

23. SETTLEMENT OF DISPUTES
a) Any dispute arising from the Terms and Conditions, shall be settled amicably and where attempt at amicable settlement is unsuccessful, by arbitration in accordance with the Alternative Dispute Resolution Act, 2010 (Act 768) or any statutory modification or replacement thereof.
b) The parties may by written agreement waive reference of any dispute arising under the Terms and Conditions to arbitration so that any dispute may be adjudicated by a court of competent jurisdiction.

24. GOVERNING LAW & JURISDICTION
These Terms and Conditions and the rights and obligations of the Bank and the Customer shall be governed by and construed in accordance with the laws of Ghana.
The courts of Ghana shall have exclusive jurisdiction in any action or proceeding relating to these Terms and Conditions.

25. SCHEDULE 1
SERVICES AVAILABLE CURRENTLY INCLUDE:
1. Balance Enquiry: Check account balance
2. Account Summary: See all your account summary at a glance
3. Account Activity/Statement: View activities on your account and download
statement of accounts in different file formats
4. Funds Transfer (NIB TO NIB): Transfer funds from your NIB Account to another account in NIB
5. Domestic transfers: (NIB to other banks in Ghana): Transfer funds from one NIB account to an account in another bank within Ghana through GHIPSS instant transfer.
6. Check book request: Request for cheque book from NIB.
7. Secured platform: Login password authentication and One Time Password (OTP)
to effect funds transfer and Security questions
8. Loan Application: Initiate the Loan Application process and follow up physically at any Branch of the Bank.
9. Change / Forgot Password: Ability to change and reset your password
10. Branches and ATM Locator: Locate NIB ATM /Branches
11. Airtime Top-up: Purchase Airtime from Telcos.
12. Mobile Wallet Services: (to wallet, to account, to other Mobile Money wallets) etc.
13. Bill Payment: Paying for certain subscription services.
14. School Fees Payment: Payment of fees to schools/institutions signed on to our
service
15. Add Accounts: You mad add other personal accounts to your account on the Mobile App.

26. EXISTING FASTLINK (USSD) USERS
Existing Fastlink (USSD) banking users may sign up to the Service by downloading the App from either Google Play Store (for customers using android devices) or Apple Store (for customers using IOS) and logging in with the same credentials they use in accessing their Fastlink subject to a new password setting.

27. NEW USERS
New users may sign up the Service by downloading the App and getting authentication from the Bank’s Customer Service Department after registration.