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Terms and conditions governing Net Banking Service of BMI

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND USING BMI NET BANKING, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS set out BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS YOU MUST EXIT THIS SITE IMMEDIATELY.

1. Definitions: In this document the following words and phrases shall have the meanings as set out below unless the context indicates otherwise:

"Account(s)" means to the User's bank account, credit card account, loan account and/or any other type of account (each account hereafter referred to as an "Account" and collectively as "Accounts"), so maintained with BMI which are eligible Account(s) for the purposes of Net Banking.

"BMI" means to BankMuscat International B.S.C.(c), a Company organized and existing under the laws of the Kingdom of Bahrain with its head office at Batelco Commercial Centre, Government Avenue, P.O. Box 350, Manama, Kingdom of Bahrain. (hereinafter referred to as “BMI” which expression, where the context so admits shall include its successors and assigns).

“Customer” means holder of the Account/s with BMI.

"Net Banking" means to the banking service offered by BMI to the User including services such as enquiry about Account(s) balance, Account(s) transactions, transfer of funds and any other service as BMI may decide to provide from time to time through internet. The availability/non-availability of a particular service shall be communicated to the User through BMI web site or in writing as may be deemed fit by BMI. Such Net Banking may be provided by BMI directly or through its associates or contracted service providers.

"Personal Information" means to the information provided by the User to BMI.

"Terms" refer to terms and conditions stipulated herein for use of Net Banking.

"User" means, to a Customer of BMI and/or the person authorised to use Net Banking, in case of a corporate/partnership firm, the persons nominated by the Customer may be authorized to use Net Banking.

"Website" means to the website owned by BMI located at the URL www.bmi.com.bh.

“Customer Security Codes” means the User’s User ID and Password(s), required for accessing BMI Net Banking.

“User ID” or “ID means the CPR number of a Customer resident in Bahrain or, in all other cases, a User identification number that will be provided by BMI to the User.

2. Applicability of Terms: These terms constitute a contract between the User and BMI for availing Net Banking. By applying for or availing of Net Banking, the User acknowledges and accepts these Terms. Notwithstanding anything contained herein, all terms and conditions pertaining to the Accounts shall continue to be applicable to the Users provided in the event of a conflict in the terms pertaining to the Accounts and the Terms, the Terms shall have overriding effect to that extent. These Terms will be in addition to and not in substitution of the terms and conditions relating to any Account of the User.

3. Eligibility to Use BMI Net Banking: A Customer having an Account with BMI is eligible to request BMI Net Banking access. The User shall apply to BMI in the prescribed form for use of Net Banking as required by BMI. BMI is entitled at its sole discretion to accept or reject applications as may be submitted to it.

In case of Joint Accounts, financial transactions through Net Banking, shall be available if the mode of operation is indicated as 'either or survivor' or 'anyone or survivor'. The User desirous of doing financial transactions on the Net Banking should either be the Account holder and sole signatory or authorised to act independently in case of a joint account. For jointly operated accounts only non-financial (view) transactions will be available. For joint accounts, one User ID and password for Net Banking will be issued to each of the joint account holders when requested in writing. All transactions arising from the use of Net Banking in the joint account shall be binding on all the joint account holders, jointly and severally.

4. Net Banking Access: The User would be allotted User ID and password. After first use the User must change his password to one of his choice. For all subsequent logins the User Id will be used in conjunction with the password to verify the User’s authenticity. The User shall not attempt or permit others to attempt accessing the Account information stored in the computers of BMI through any means other than the Net Banking. The User shall take all necessary precautions to prevent unauthorized and illegal use and access of Net Banking. BMI shall take due reasonable care to, ensure the security of and to prevent unauthorised access to the Net Banking using technology available to BMI.

5. Net Banking Password: The User acknowledges, represents, warrants and undertakes that:
  1. the User is the sole and exclusive owner and is the only authorised User of the password and accepts sole responsibility for use, confidentiality and protection of the password, as well as for all orders and information changes using such password.
  2. the User grants express authority to BMI for carrying out transactions and instructions authenticated by such password.
  3. the User shall create a Net Banking password in combinations of number of letters/digits or in a manner as may be indicated by BMI from time to time;
  4. the User shall not permit any unauthorised person have access to the Net Banking.
  5. as a safety measure, the User must change the password as frequently as possible. If the User forgets the Net Banking password, the User may request for the issuance of a new password by sending a request to BMI in a form acceptable to BMI which shall not be construed as the commencement of a new contract.
  6. the User shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake and comply with such guidelines, instructions or terms as BMI may prescribe from time to time with respect to the password.
6. Usage of Net Banking execution: For the purpose of availing Net Banking, the User would need to have legal and valid access to the Internet. The information provided to the User through the Net Banking may not be updated continuously but at regular intervals. Consequently, any information supplied to the User through Net Banking will pertain to the date and time when it was last updated and not as the date and time when it is supplied to the User. BMI shall not be liable for any loss that the User may suffer by relying on or acting on such information including but not limited to information relating to third party transactions conducted through net banking, funds transfers etc.

BMI may keep its records of the transactions in any form it wishes. In the event of any dispute, BMI's records shall be binding as the conclusive evidence of the transactions carried out through Net Banking.

Any request for any service, which is offered as a part of Net Banking, shall be binding on the User as and when BMI receives such a request. However, if any request for a service is such that it cannot be given effect to unless it is followed up by requisite documentation on part of the User, BMI shall not be required to act on the request until it receives such documentation from the User. However, pending execution and receipt of such documentation BMI may, at its sole discretion decide to give effect to the request for any service and the Customer in such an event, hereby agrees to expressly hold BMI harmless and fully indemnified against any consequences, whatsoever arising out of such an act of BMI.

7. Funds Transfer Through Net Banking: For transferring funds to a third party using Net Banking the User will have to register the beneficiary in a manner prescribed by BMI. The User accepts that he will be responsible for providing the correct account number for the beneficiary.

BMI shall not be liable for any omission to effect fund transfer or delay in transfer of funds due to circumstances beyond its control.

If funds transfer is made available to the User, then funds may be transferred by User from any of its account(s) to other account(s) belonging to third parties maintained at BMI and/or with any other Bank as BMI may decide in its sole discretion. BMI shall specify from time to time the limit for carrying out various kinds of funds transfer or any other services through Net Banking.

BMI may charge the User for the use of funds transfer by giving due notice on the website about such charges.

8. Instructions: All instructions, by the User, for Net Banking shall be given, online or any through other device/medium/channel enabled by BMI for the purpose, in the manner acceptable to by BMI. The User is also responsible for the accuracy and authenticity of the instructions provided to BMI and the same shall be considered to be sufficient to operate the Net Banking. BMI shall not be required to independently verify the instructions, and the instruction shall remain effective till such time the same is countermanded by subsequent instructions issued by the User. BMI shall have no liability if it does not or is unable to prevent the implementation of an instruction which is subsequently countermanded or there is a delay in execution thereof for any reason whatsoever. Where BMI considers the instructions to be inconsistent or contradictory it may, but is not obliged to, seek clarification from the User before acting on any instruction of the User or act upon any such instruction as it may deem fit nor obliged to verify User's instructions given through Net Banking. BMI is not obliged to keep a record of the instructions given by User through Net Banking, nor is it under any obligation to provide such records where it maintains such records at its own discretion. BMI reserves a right to refuse to comply with the instructions without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any instruction and have the right to suspend the operations through the Net Banking if it has reason to believe that the User's instructions will lead or expose to direct or indirect loss or may require an indemnity from the User before continuing to operate the Net Banking. Any instruction, order, direction, request entered using the password of the User shall be deemed to be an instruction, order, directive, request received from the User with the sole responsibility of the User therefor. The User understands that entering an instruction, direction, order, request with BMI, either electronically or otherwise, does not guarantee execution of such instruction, direction, order, request. BMI shall not be deemed to have received any instruction, direction, order, request electronically transmitted by the User until the User receives BMI’s confirmation of receipt of such instruction, direction, order, request, as the case may be.

9. Maintenance of Sufficient Balance: The User shall ensure that there are sufficient funds (or prearranged credit facilities) in any Account for transactions through the Net Banking, and BMI shall not be liable for any consequences arising out of its failure to carry out the instructions due to inadequacy of funds and/or credit facilities, provided that BMI shall at its sole discretion, be entitled to carry out the instructions notwithstanding such inadequacy without seeking the prior approval from or notice to the User and the User shall be responsible to repay with interest the resulting overdraft, advance or credit thereby created and for all related costs and charges.

BMI may levy service charges for use of Net Banking which will be notified by BMI to the User from time to time. Any change in such service charges will be notified to the User. The User authorises BMI to recover all charges related to Net Banking as determined by BMI from time to time by debiting any one of the Accounts.

BMI may withdraw the provision of Net Banking, wholly or partly, if at any time the amount of deposit falls short of the required minimum as per BMI’s discretion and / or if the service charges remain unpaid, without giving any further notice to the User and / or without incurring any liability or responsibility whatsoever by reason of such withdrawal.

10. Authority to BMI for Net Banking: The User irrevocably and unconditionally authorises BMI to access all his Account(s) for effecting banking and/or other transactions performed by / relating to the User through the Net Banking. The instructions of the User shall be executed only when such instruction is given in accordance with the procedure prescribed by BMI in this regard.

BMI shall have no obligation to verify the authenticity of any transaction / instruction received or purported to have been received from the User through Net Banking or purporting to have been sent by the User other than by means of verification of the Net Banking User ID and password.

Records maintained by BMI of transactions carried out by User using Net Banking, including but not limited to the time of recording of transaction shall be conclusive proof of the genuineness and accuracy of the transaction and binding for all purposes. While BMI shall endeavour to carry out the instructions promptly, they shall not be responsible for any delay in carrying on the instructions to any reason whatsoever, including due to failure of operational systems and/or any requirement of law.

The User agrees and acknowledges that BMI shall in no way be held responsible or liable if the User incurs any loss as a result of information being disclosed by BMI regarding his Account(s) or carrying out the instruction of the User pursuant to the access of the Net Banking and the User shall fully indemnify and hold harmless BMI in respect of the same.

11. Accuracy of Information: The User is responsible for the correctness of information supplied to BMI for use of the Net Banking or through any other means such as electronic mail or written communication. BMI accepts no liability for the consequences arising out of erroneous information supplied by the User. If the User notices an error in the information supplied to BMI either in the application form or any other communication, he shall immediately notify BMI and BMI which will endeavour to correct the error wherever possible on a "reasonable efforts" basis. In no case, BMI will be held liable for any erroneous transactions incurred arising out of or relating to the User providing incorrect information any incomplete or undecipherable or unreadable or erroneous inputs keyed in by the User.

12. E-Statement: BMI may at the request of the User issue the Statement of Account to the Customer at an e-mail id specified by the Customer. BMI shall issue the E-Statement to the Customers on terms and conditions, as may be prescribed by BMI from time to time. Some of such terms and conditions are:

  1. The E-Statement received by the Customer shall contain all the details with respect to the transactions in the respective Account and shall be for the information of the Customer. In the event the Statements/messages/E-statements as sent to the Customer over any electronic delivery channel (including but not limited to Net Banking or e-mail) do not tally, for whatever reason, with the records available at BMI, the records available at BMI shall be conclusive and binding on the User.
  2. BMI reserves its right to levy charges for issuance of E-Statement and debit the same to any of the account of the Customer, without any prior or post intimation and BMI shall also not be liable for any return/ dishonour of any payment instrument/instruction due to reduction in balance in the respective account as a consequence of such debit.
  3. Messages or E-Statements sent by BMI to an e-mail account or other electronic receiving communication systems/ servers, shall be at the entire and sole risk of the Customer and may be lost, incorrectly received, or sent to an incorrect e-mail or accessible to third parties, and BMI shall not and cannot be responsible or made liable for such incorrect or failed transmission. BMI shall not be liable or responsible for any loss or consequences suffered/incurred by the Customer due to receiving or assessing E-Statements.
  4. Notwithstanding the obligation of confidentiality imposed on BMI to keep the information and the transactions of the Customer’s confidential, BMI shall not be responsible or liable in any manner in the event the E-Statements are assessed by any third party due to the same being sent over Internet.
  5. BMI shall not be responsible or liable for the timeliness, completeness, accuracy and successful delivery or receipt of the E-Statement. It being expressly agreed that BMI shall not be responsible or liable in case E-Statements do not reach the Customer due to any reason including but not limited to limited storage space in the email id of the Customer and/or E-Statements bouncing back. Bank shall not be responsible or liable for not sending or delay in sending of E-Statement and the Customer shall hold BMI harmless and indemnified against any loss or consequences thereof arising there from.

13. Liability of the User and BMI: BMI shall not be liable for any unauthorised transactions occurring through the Net Banking and the User hereby fully indemnifies and holds BMI harmless against any action, suit, proceeding initiated against it by any third parties or for any loss, cost or damage incurred by it as a result thereof. BMI shall under no circumstance be held liable to the User if the Net Banking is not available in the desired manner for any reason including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of BMI. Under no circumstances shall BMI 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 User or by any other person.

Illegal or improper use of the Net Banking shall render the User liable for payment of financial charges, costs incurred by BMI and monetary damages as decided by BMI in its sole discretion and will result in suspension of the operations through the Net Banking.

14. Disclaimer of Warranties: The User expressly agrees that use of the Net Banking is at its sole risk. The Net Banking is provided on an "as is" and "as available" basis. Except as warranted in the Terms, BMI expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties such as data accuracy and completeness, and any warranties relating to non-infringement in Net Banking.

BMI does not warrant that access to the Website and Net Banking shall be uninterrupted, timely, secure, or error free nor does it make any warranty as to the results that may be obtained from the Website or use, accuracy or reliability of Net Banking.

BMI will not be liable for any virus that may enter the User's system as a result of the User using Net Banking. BMI does not guarantee to the User or any other third party that Net Banking would be virus free.

15. Indemnity: In consideration of BMI providing the User the Net Banking facilities at its request, the User shall, at his own expense, indemnify and hold BMI, its directors and employees, representatives, agents and/or the affiliates, as the case may be, indemnified against all losses and expenses on full indemnity basis which BMI may incur, sustain, suffer or is likely to suffer in connection with BMI’s execution of the User's instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing a service through Net Banking for any action taken or omitted to be taken by BMI and /or its officers, employees or agents, on the instructions of the User. The User will pay BMI such amount as may be determined by BMI to be sufficient to cover it against any such, loss or expenses. Such indemnity includes but is not limited to losses and claims resulting from :
  1. a violation of the Terms contained herein by the User;
  2. any deletions, additions, insertions or alterations to, or any unauthorized use of, Net Banking by the User;
  3. any misrepresentation or breach of representation or warranty made by the User contained herein; or
  4. any breach of any covenant or obligation to be performed by the User hereunder. The User agrees to pay any and all costs, damages and expenses, including, but not limited to, attorneys' fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

16. Disclosure of Information: The User agrees that BMI and/or Affiliates or their contractors may hold and process his personal Information and all other information concerning his Account(s) on computer or otherwise in connection with the Net Banking as well as for analysis, credit scoring and marketing. The User also agrees that BMI may disclose, in strict confidence, to other institutions, such personal Information as may be reasonably necessary for reasons inclusive of 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, or for fraud prevention purposes.

17. Applicability to Future Accounts and services: BMI and the User agree that if the User opens further Accounts with/subscribes to any of the products/services of BMI or any of the Affiliates, and BMI extends the Net Banking to such Accounts or products or services including but not limited to bill payments for utilities etc. then the Terms shall automatically apply to such further use of the Net Banking by the User.

18. Right of set-off and Lien: BMI shall have the right of set-off and lien, irrespective of any other lien or charge, present as well as future, on the deposits/scripts held in the Account(s) or in any other account, whether in single name or joint name(s), to the extent of all outstanding dues, whatsoever, arising as a result of the Net Banking extended to and/ or used by the User.

19. Proprietary Rights: BMI shall make reasonable efforts to advise from time to time the Internet software such as browsers which are required for availing of Net Banking. However, there will be no obligation on BMI to support all or any versions of the Internet software as may be required for offering Net Banking. The User acknowledges that the software underlying the Net Banking as well as other Internet related software which are required for accessing Net Banking is the legal property of the respective vendors. The permission given by BMI to access Net Banking will not convey any proprietary or ownership rights in such software. The User shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Net Banking or create any derivative product based on the software.

20. Communications through Electronic means: Documents sent by electronic delivery will contain all the information as it appears in the printed hard copy version as prepared and distributed by the originator, with the possible exception of graphic insertions such as photographs or logotypes. Electronic delivery may be in the form of an electronic mail, an attachment to the electronic mail, or in the form of an available download from the Website. BMI would be deemed to have fulfilled its legal obligation to deliver to the User any document if such document is sent via electronic means. Failure to advise BMI of any difficulty in opening a document so delivered within twenty-four (24) hours after delivery shall serve as an affirmation regarding the acceptance of the document.

22. Internet Fraud & Technology Risks: The User hereby acknowledges that he is utilizing the Net Banking at his own risk. These risks would include the following risks,
  1. Misuse of password: The User acknowledges that if any unauthorized/third person obtains access to his password or PIN, such unauthorized/third person would be able to have access to the facility and to provide instructions to BMI and transact all his accounts. In such case, BMI shall not be liable for any loss, damage sustained to User. The User shall ensure that the terms and conditions applicable to the use of the password as contained in the 6. Net Banking Password Terms are complied with at all times.
  2. Internet Frauds: The Internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect instructions given to BMI. Whilst BMI shall aim to provide security to prevent the same, there cannot be any guarantee from such internet frauds, hacking and other actions which could affect the instructions given to BMI. The User shall separately evaluate all risks arising out of the same.
  3. Mistakes and Errors: The User is aware that they are required to mention correct details. In the event of any inaccuracy in this regard, the funds could be transferred to incorrect accounts, for which BMI shall not be liable. The User will ensure that there are no mistakes and errors and the information/ instructions given by the User to BMI in this regard are without error, accurate, proper and complete at all points of time. On the other hand, in the event of User's account receiving an incorrect credit by reason of a mistake, the User shall immediately inform and return such amounts to BMI together with interest at such rates determined by BMI, till repayment. BMI shall also be entitled to recover such amounts together with interest as above and reverse the incorrect credit at any time whatsoever without prior notice / consent of the User. The User shall be liable and responsible to BMI and shall accede and accept instructions of BMI without questions for any unfair or unjust gain obtained by the User.
  4. Transactions: The transactions as per User's instructions under Net Banking may not fructify or may not be completed for any reason whatsoever. In such cases, the User shall not hold BMI responsible or involved in any manner in the said transaction(s) and contracts and User's sole recourse in this regard shall be with the party to whom User's instructions were favouring. BMI is merely providing the services to the User and BMI shall not be responsible in this regard.
  5. Technological Risks: The technology for enabling Net Banking offered by BMI could be affected by virus or other malicious, destructive or corrupting code or programme. It may also be possible that the site of BMI may require maintenance/repairs and during such time it may not be possible to process the request of the User. This could result in delays in processing of instructions or failure in the processing of instructions and other such failures and mobility. The User undertakes and agrees that BMI disclaims all and any liability, whether direct or indirect, arising out of loss or profit or otherwise arising out of any failure or inability by BMI to honour User's instructions for whatsoever reason. BMI shall not be liable if the instruction given by the User's is not received correctly and/or is not complete and/or is not in readable form. The User understands and accepts that BMI shall not be responsible for any of the aforesaid risks. The User also accepts that BMI disclaims all liability in respect of the said risks.

23. Miscellaneous:
  1. Clauses headings herein are for only for convenience and do not affect the meaning of the relative clause.
  2. BMI may sub-contract, outsource and/or employ agents to carry out any of its obligations under this contract. Net Banking service would be available during timings specified by BMI from time to time and transactions would be carried out on the same day or on the next working day depending upon the time of logging of the transaction.
  3. The User would have to ensure that the equipment used for availing of Net Banking meets the criteria as may be specified by BMI from time to time. All costs incurred by the User including telecommunication costs to use the Net Banking would be borne by the User.
  4. As a tool to correct misunderstandings, the User understands, agrees and authorises BMI, at its discretion, and without further prior notice to the User, to monitor and record any or all telephone conversations or electronic communications between the User and BMI and any of its employees or agents.
  5. These terms and conditions contain BMI's entire agreement (except as otherwise expressly provided herein) and supersede and replace any previously made proposals, representations, understandings and agreements, express or implied, either oral or in writing between the User and BMI for Net Banking. The User acknowledges that it has not relied on any representation made by BMI or any of its employees or agents and has made its own independent assessment of Net Banking. No third party will have any rights or claims under these terms and conditions.

24. Assignment: BMI shall be entitled to sell, assign, securitise or transfer BMI's right and obligations under the Terms and any security being in favour of BMI (including all guarantee/s) to any person of BMI's choice in whole or in part and in such manner and on such terms and conditions as BMI may decide. Any such sale, assignment, securitisation or transfer shall conclusively bind the User and all other persons. The User, his heirs, legal representatives, executors, administrators and successors are bound by the Terms. BMI may sub-contract, outsource and/or employ agents to carry out any of its obligations under this contract. However, the User shall not be entitled to transfer or assign any of his rights and obligations hereunder.

25. Change of Terms: BMI shall have the absolute discretion to amend or supplement any of the Terms at any time. Such change to the Terms shall be communicated to the User. By using any new services as may be introduced by BMI, the User shall be deemed to have accepted the changed Terms.

26. Non-Transferability: The grant of Net Banking to a User is not transferable under any circumstance and shall be used only by the User.

27. Termination of Net Banking: The User may request for termination of the Net Banking any time by giving a written notice of at least 15 days to BMI. The termination shall take effect on or before the completion of the fifteenth day. The User will remain responsible for any transactions made through the Net Banking until the time of such termination BMI may withdraw or terminate the Net Banking anytime either entirely or with reference to a specific service or User; or in case of breach of Terms by the User without a prior notice; or if it learns of the death, bankruptcy or lack of legal capacity of the User. Clause 13 & 15 shall survive the termination of the Net Banking for any reason whatsoever.

28. Notices: Notices in relation to these Terms may be given by BMI to the User or vice versa in writing by delivering them by hand or by sending them by post to the last address given by the User and in the case of BMI to its corporate office address as set out hereinabove. In addition, BMI may also publish notices of general nature, which are applicable to all Users in a newspaper or on its web site located at www.bmi.com.bh. Such notices will have the same effect as a notice served individually to each User. Notice and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex or facsimile.

29. Governing Law: These Terms and/or the operations in the Accounts of the User shall be governed by the laws of Kingdom of Bahrain. The Parties hereby agree that any legal action or proceedings arising out of the Terms for Net Banking shall be brought in the courts of Bahrain and irrevocably submit themselves to the jurisdiction of such courts. BMI may, however, in its absolute discretion, commence any legal action or proceedings arising out of the Terms for Net Banking in any other court, tribunal or other appropriate forum outside Bahrain, and the User hereby consents to that jurisdiction. Any provision of the Terms for Net Banking which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or unenforceability but shall not invalidate the remaining provisions of the Terms or affect such provision in any other jurisdiction.