Bank drafts offer a convenient and secure means of payment, and are more easily negotiated than postal money orders and are less vulnerable than cash to loss or theft.
1. DEFINITIONS AND INTERPRETATIONS
The masculine shall include the feminine; the plural shall include the singular, and vice-versa.
If there are two or more persons involved in the expression “the Customer” then the undertakings and liabilities of the Customer under this Agreement shall be joint and in solid undertakings and liabilities of each of them and shall be construed accordingly and reference herein to “the Customer” shall mean any one or more of them. If the Customer is a corporate body, then this Agreement shall continue in full force and effect and continue to bind each of its assigns and successors.The headings in this Agreement are for convenience only and shall not affect their construction or interpretation. Words and expressions used in this Agreement shall have, except where not appropriate in the context, the meanings as specified below.
- “Customer” shall mean an individual client having contracted with MauBank Ltd to use MauBank Mobile Banking Services.
- “Bank” or “MauBank” means MauBank Ltd.
- “MauBank WithMe” or “Mobile Banking Service/s” refers to the Services/Mobile Application provided by MauBank to allow Customers to access their account and transaction details and conduct financial transactions through a Mobile Phone using Internet access.
- “Online Account Opening Services/Application” also known as “Online Customer Onboarding” refers to the Services/Mobile Application provided by MauBank to allow Customers to open an account/s.
- “Card Account” means the “Debit/Credit Card Account” means the special account attached to the specific card/s issued to the Cardholder.
- “Business Day” means any day on which the Bank is open for business in the Republic of Mauritius.
- “Cut-off time” means the time after which transactions will be accounted for on the next Business Day.
- “Account” means a Bank account in Mauritian Rupees or Foreign Currency maintained by the Customer in the Republic of Mauritius at any business centre, department of MauBank.
- “Authorised User” shall mean a person appointed in writing by the Customer, or the Customer himself, to use the MauBank Mobile Banking Services. Terms and Conditions applicable for the Customer shall also be applicable for the Authorised user.
- “Unauthorised Person” shall mean any person other than the Customer himself to be directly involved in the use of the Mobile Banking Services.
- “Hardware” or “Mobile Phone” shall mean the Customer’s Mobile device/Smartphone, Tablet or any other equipment necessary to gain access to the Mobile Banking Service.
- “Software” may imply, but shall not limited to, any programs including Applications installed on the Hardware.
- “User ID” shall mean an alphanumeric code allocated by MauBank with a view to identifying the Customer/Authorised User.
- “Account Number” mean the unique number allocated by MauBank for a particular account.
- “PIN” is a Personal Identification Number allocated by MauBank to the Customer/Authorised user.
- “MPIN” shall mean the Personal Identification Number to access the Mobile Banking Services.
- “Card PIN” refers to the MauBank Card PIN (Debit card or Credit card).
- “OTP” or “One Time Passcode” is a passcode that is valid for only one request or transaction and which lasts 3 minutes only. For each request or transaction, the Customer will receive a different passcode via SMS or email for better security.
- “Personal Information” refers to the information provided by the Customer to MauBank. “Terms” or “Agreement” refer to Terms and Conditions herein for use of MauBank’s Mobile Banking services.
- “Application Notification” refers to notifications sent to a Customer on his smartphone for informative or marketing purposes. This function may be disabled or enabled by the Customer on his mobile phone setting at any time. MauBank shall have the absolute discretion in selecting the content of the notification sent to the Customer.
- “Electronic Notice” shall mean a notice through email, SMS, Application notification or update, a notice on MauBank’s Website and any other form of electronic notification.
- Scope: This Agreement, as amended from time to time, governs the use of the Mobile Banking Service and applies to any Customer who access or use the Services, regardless of the technology use to access the Services. Subject to clause 23, this Agreement replaces all prior Agreements between the Customer and MauBank Ltd for the use of Mobile Banking Services. By downloading the MauBank Mobile Banking Services and registering for the MauBank Mobile Banking Service, the Customer accepts the Terms and Conditions of the Mobile Banking Services contained herein, and agrees to abide by them. No Customer is entitled to use the Mobile Banking Services without understanding and agreeing to the Terms and Conditions applicable for the said services.
- Other Agreements: This Agreement supplements any other existing and future written Agreements that the Customer may have with MauBank and any terms, conditions or disclaimers provided on the Bank’s website. For example, there are a variety of additional terms, conditions and disclaimers in other Agreements that govern the use of Accounts and Services. If there is a conflict between a term in this Agreement and any other written Agreement with the Bank, the term of the other agreement will apply to the extent necessary to resolve the conflict.
- Changes to this Agreement: The Customer acknowledges and accepts that MauBank may at any time amend the terms and conditions of the present Agreement. MauBank shall notify such amendments to the Customer through its website www.maubank.mu or any other electronic means. The use of the Mobile Banking services after the notice has been posted means that Customer agree to and accept this Agreement as amended. If the Customer does not agree to a change in this Agreement, he must immediately stop using the Mobile Banking Services. MauBank shall not in any circumstances whatsoever, be liable for any costs, expenses or liabilities incurred or which may be incurred by the Customer in the event of any such variation being made.
- Changes to the Services: The Bank may review the services offered through Mobile Banking services from time to time and may, upon reasonable notice to the Customer, modify or substitute the services.
- The Mobile Banking Services can be used by any Retail Customer having an operative account with MauBank.
- MauBank reserves the right to request for any additional identification documents or fresh signatures at its sole discretion.
- MauBank may accept as valid and duly authorised by the Customer, any instruction and/or message received by the Bank through the Mobile Banking Services, purporting to come from the Customer and authenticated in such manner as provided by Mobile Banking service and this Agreement shall be the authority for the Bank to act on any instruction and/or message so received.
- MauBank shall not be in any circumstances whatsoever liable for any loss or damage that the Customer may suffer as a result of the possession, use, misuse, abuse or any form of manipulation of such a Software. Furthermore, MauBank shall not accept any responsibility in connection with the suitability, performance or security aspect of such Software.
- The Customer acknowledges that for scheduled and recurring transfers, the transaction will be processed subject to availability of funds on Customer’s account at the time of batch processing on the scheduled date. Additionally, he acknowledges that for foreign currency transactions, the prevailing exchange rate at the time of batch processing shall be applicable.
- Any instructions received by the Bank after the applicable cut-off time may be treated as received by the Bank on its next Business Day.
- The Bank shall not be obliged to effect any payment in accordance with any instruction received by the Bank through its Mobile Banking Services, unless:
32.1 Sufficient cleared funds are available on the account, from which the funds are requested to be paid, or:
32.2 Prior arrangements have been made with the Bank to overdraw the account and the limit allocated to the said account is not exceeded.
- In the case where processing of instructions requires running of batches by the Bank, sufficient cleared funds should be available on the debit account at the time of batch processing.
- MauBank may block any transaction and/or account if its reasonable for the Bank to do so, including security concerns, the risk to breach legal requirement, fraudulent or criminal activity on the account.
- The Customer agrees that it is not, at all times, possible for the Bank to ensure that the payment to, or receipt of funds from, a third party financial institution can be made at any particular time or within any particular time limit.
- The Bank shall communicate with Customer by email and/or by phone as per contact details provided to the Bank.
- The Customer acknowledges and accepts that transactions through Mobile Banking Services are subject to a daily transaction limit of MUR 500,000 except for Cardless transactions whereby the daily limit applicable is MUR 10,000. The Customer furthermore acknowledges and accepts that MauBank may at any time amend this transaction limit. MauBank shall notify such amendments to the Customer through Electronic Notice.
- While MauBank makes reasonable efforts to provide the Mobile Banking service, it will not be liable for any failure to provide this service, in part or in full, due to unforeseen circumstances beyond its control, the consequences of which would have been unavoidable despite all efforts to the contrary. This includes:
38.1 a. any phone network failures or,
b. in the case of mobile networks, where Customer is not in an area of mobile coverage or,
c. in the case of mobile refill, where Customer’s mobile refill has not been successful for reasons beyond its control or,
d. in the case of cardless cash withdrawal, where the Customer’s or beneficiary’s withdrawal was not successful due to connectivity or network related issues or,
e. in the case of card activation or de-activation (stop), where the request was unsuccessful due to technical issues beyond its control.
- If the Customer pay bills using Mobile Banking Services, he must settle directly with the merchant any disputes or claims he may have. The Bank will not be liable for any problems or disputes with merchants, including if a merchant does approve a bill payment, refund any amount to the Customer or imposes any additional charges on the Customer (such as late fees or interest penalties), or takes any other actions.
- The Customer understands and agrees that in order to access the Mobile Banking Services effectively he shall:
40.1 a. Obtain by his own means and maintain the appropriate Hardware;
b. Duly take cognizance of the user guide and security information as may be amended from time to time by MauBank and available on the Bank’s Website, and undertake to carefully adhere to the recommended procedures.
- The OTP shall, at all times, be sent to the mobile number provided to the Bank by the Customer and displayed during the confirmation process.
- MauBank shall not be bound to inquire into the authority of the person using the User ID, MPIN and/or OTP to access Mobile Banking Services and transact upon the different accounts upon which the Customer is entitled to access and transact, or to apply for a service or to give any instruction.
- The Customer hereby authorises MauBank to debit his account with the amount of any transaction effected through the Mobile Banking services plus any fee relating thereto, except for unauthorised transactions which would have been effected after the receipt by MauBank of a written notification from the Customer.
- The Customer hereby indemnifies MauBank against any claim, or action whatsoever against it in connection with the use of the MauBank’s Mobile Banking services and its different banking systems by the Customer unless the claim has arisen as a result of the fraud, willful default or gross negligence of MauBank or any of its employees.
- The Customer further formally and irrevocably agrees that MauBank shall not, under any circumstances whatsoever, be liable for any loss, damage, interruption, delay or non-performance arising out of:
45.1 a. Failure by the Customer to adhere to the terms and conditions of the present Agreement or the Customer being in contravention with any law or regulation for the time being in force/ or the Customer having furnished erroneous information on the application form
b. Possession, use, misuse, by the Customer, of any third party Software.
c. Failure by MauBank to execute any instruction from the Customer as a result of causes beyond MauBank’s control, including (but without limitation) fire, storm, flood, explosion, vandalism, sabotage, strikes or other labour disputes (whether involving the MauBank’s employees or not), acts of God, war, riot or other civil disturbance, intervention of any government or other authority, or failure of or fluctuation in any power supply.
d. Unavailability or disruption of MauBank’s system due to the reasons mentioned above or for any other reason.
e. Any consequential, indirect or circumstantial losses including (without limitation) loss of profits or contracts, or financial losses howsoever caused or arising.
f. Failure or malfunction of any equipment, Hardware, security token or Software used by the Customer to access the Mobile Banking services.
g. Unauthorised access to the Customer’s account or any breach of security procedures laid down therein.
h. Use, misuse, abuse, malfunction or failure of the Customer’s Internet Access or Hardware.
i. The Customer shall not send money for illegal, unlawful, or fraudulent activities.
j. The Customer is wholly responsible for providing the correct Account Number of the recipient as well as the correct money transfer amount.
k. It is the sole responsibility of the Customer to initiate the transaction with the correct card Account Number and correct amount.
l. It is the sole responsibility and duty of the Customer to examine the transactions posted on his accounts and to promptly notify MauBank of any unauthorised transactions.
CONDITIONS OF USE AND SECURITY PRECAUTIONS
- Any failure on the part of the Customer to follow the security procedures referred in the present Agreement shall amount to a breach of the present Agreement whereby MauBank shall not be held liable, should any transaction be performed and/or any instruction, data or message be transmitted through the Customer’s login credentials.
- As part of the registration process, the Customer understands that he needs to create an MPIN of 6 digits after downloading the Mobile Banking Services, the Customer acknowledges and agrees that he will be required to enter his MauBank Card Account number, Card PIN and National Identity Card Number for the said purpose.
- The Customer acknowledges that he shall ensure maintenance of complete confidentiality, secrecy and protection of the authentication parameters such as Mobile Phone Number, MPIN and/or any other mode of authentication as may be stipulated at the discretion of MauBank.
- The Customer shall ensure that other Software installed on his Mobile Phone does not have access to his MPIN or any other type of Passwords. The use of and/or downloading of any file/software from the Internet, AppStore or PlayStore shall be at the risk of the Customer and shall be subject to the terms and conditions imposed by the licensor of the Software which in all cases, shall be considered as “third party’s Software”
- The Customer shall ensure that he is entering the correct account number and transaction details when submitting transactions through the Mobile Banking Services.
- The Bank shall be under no obligation to match the destination Account Number with the beneficiary’s name involved in any payment/transfer instructions and in case of discrepancy, the destination Account Number shall prevail.
- The Bank shall be under no obligation to match the mobile number with the beneficiary’s name involved in any payment/transfer instructions and in case of discrepancy, the mobile number specified shall prevail.
- Settlement of the Customer’s transaction is irrevocable and unconditional and cannot be altered, modified, amended, restrained or extended by the Customer.
SMS AND ALERTS AND DEVICE SECURITY
- As part of the Mobile Banking services, MauBank may send SMS notification to the Customer and the Beneficiary, containing details about transaction effected through the Mobile Banking Services. By submitting such transactions on the Mobile Banking Services, the Customer thereby agrees that SMS notifications be sent to him and the beneficiary.
- The Customer shall ensure that the mobile number provided for the purpose of Mobile Banking registration and usage is a valid one and is registered with either Orange, Emtel or MTML.
- By registering for the Mobile Banking service, the Customer accepts to pay any charges that may be applicable, including the charges and VAT related to sending any SMS with regards to the said service.
- The Customer agrees to inform the Bank in case of any change in mobile number, email address or contact details.
- MauBank will not be responsible for SMS being sent to the wrong mobile phone number due to the wrong phone number provided by the Customer or in case of any change done by the mobile operator.
- The Customer understands that data transmitted to mobile devices is not encrypted, meaning that others may be able to intercept transmissions of data relating to his Accounts. He agrees to take precautions to protect the security and integrity of his accounts, including but not limited to:
59.1 a. Not leaving his mobile phone unattended while accessing Mobile Banking service;
b. Logging off immediately after using Mobile Banking service;
- Not providing his user name, password, MPIN, security answers or other access information for Mobile Banking services to any unauthorised person. He agrees that he is solely responsible for all transactions made with respect to his Accounts by any person he allows to use his mobile phone, login information or other means of accessing Mobile Banking services.
- Upon the Customer becoming aware that his MPIN or any password may have fallen into the hands of any unauthorised person, including a member of his family or made known to any person other than himself, he must immediately change his MPIN and any other password, or alternatively contact the Bank for assistance.
LOSS OR THEFT OF MOBILE PHONE
- In case the Mobile Phone/Hardware is lost or stolen, the Customer understands and agrees that he must de-register his previous (lost) device by registering on the Mobile Banking Services on another device and proceeding to “Deregister Device” available under “More” section. Alternately, he may notify the Bank, and the Bank will suspend the service within a reasonable time frame. MauBank does not assume any responsibility or liability for any third party accessing the Customer’s account details through the use of the Mobile Banking Services on the latter’s mobile phone for any reason whatsoever.
- In case of loss, theft or suspected theft of the Mobile Phone/Hardware, MauBank may further require the Customer to report same to the Police and to supply to the Bank proof that such report has been made.
- In case of dispute as to the effective time and date of notification of any loss, theft or suspected theft, the time and date of receipt of the notification at MauBank shall be conclusive.
- MauBank shall in no circumstances whatsoever, be held liable for any loss, damage resulting from any notification made by phone, telegram, telex, fax or otherwise, which might not emanate from the Customer.
- Report of the loss, theft, suspected theft or abstraction of the Mobile Phone shall in no way affect any transaction effected prior thereto or those already settled by MauBank or debited to the Customer’s account.
CUSTOMER ACKNOWLEDGMENT AND DECLARATION
- The Customer declares and warrants that all information provided to MauBank in the context of his subscription and registration to the Mobile Banking Service is true, complete and accurate to all intents and purposes.
- The Customer shall advise the Bank in writing within seven (7) working days of any change in the information provided by him as per above.
70. When the Customer is using the Mobile Banking services, including any other service provided in this Agreement, he shall be deemed to have consented to the disclosure of his Personal Information with the Bank.
71. The Customer agrees that Personal Information, that is collected from the Customer or from any other legitimate source, may be used and processed for the following purposes:
71.1 a. To provide the Customer with banking facilities.
b. For market research and survey – as part of MauBank efforts to deliver better Customer service.
c. To make offers to customers and promote MauBank’s products and services. The Customer may choose not to agree to this option by writing to the Bank
d. To comply with applicable legal requirements.
- In order to deliver the services, described above, MauBank may in the course of its duties have to share the Customer’s Personal Information with specific third parties such as sub-contractor, service provider, intermediary, surveyor, reinsurer and another insurer, whether in Mauritius or in another country.
- The Customer may, upon written request to MauBank’s Data Protection Officer or Compliance Department and against the payment of a prescribed fee, obtain, as per the provisions of the law, access to, rectification, restriction, erasure or to object to the processing of his Personal Information that MauBank holds. Where the restriction or erasure of the Personal Information is insufficient to maintain or process the banking facilities, such services shall be discontinued forthwith.
- Where the Personal Information for children under the age of 18 is provided, the consent of legal guardians must be obtained.
- The Customer has the right to lodge a complaint with the Data Protection Commissioner.
- The storage period of the Customer’s Personal Information shall be in accordance with prevailing laws.
The Customer acknowledges that in order to enjoy all the features and services of the Mobile Banking Services, he shall approve the permissions for Contacts, Location, Phone Storage, Fingerprint, Notification, Camera, Microphone and SMS on his Mobile Phone.
INTELLECTUAL PROPERTY RIGHTS
- All information and tools provided online, and all Software and systems used by the Bank to provide the Services and the Website, are proprietary to, and owned by, MauBank, its Information Providers and other licensors, and are protected by intellectual property laws. The Customer agrees not to use the information or tools except for his own personal use. Except as otherwise permitted under this Agreement, the Customer will not do any of the following: (i) modify, adapt, translate, reverse engineer, decompile, or disassemble any Software and systems used by the Bank to provide the Services or the Website; (ii) copy, mirror, reproduce, distribute, publish, download, post, transmit, or create derivative works based on any of the content found, accessible, or made available to him on the Website or through the Services in any form or in any manner; Nothing in this Agreement or on the Website will be construed as providing the Customer with any right, title, and interest in or to any of MauBank’s intellectual property rights, or to grant you any licenses, whether by implication or otherwise.
CONVERSION OF TRANSACTIONS
- For transactions effected in any currency other than the currency of the initiator’s transaction account, the transaction shall be converted to the currency of the Customer’s account at MauBank’s prevailing rate on the processing date and time or in case of scheduled/recurring transfer, on the batch processing date and time.
- A conversion fee, the amount whereof shall from time to time be fixed by MauBank for transactions effected in any currency other than the sender’s account currency.
COMMUNICATION OF INFORMATION TO THIRD PARTIES
- MauBank shall be entitled, subject to the applicable laws and regulations of the Republic of Mauritius, to communicate to other financial institutions, any information relating to the Customer in case of improper or fraudulent use of any Mobile Banking Service.
TERMINATION OF THIS AGREEMENT
- Either party shall be entitled to terminate this Agreement by giving thirty (30) days’ prior notice to the other.
- The Bank also reserves the right to cancel the service if the Customer has not logged in on the Mobile Banking Services for a period of three (3) consecutive months or more.
- However, MauBank shall be entitled to terminate this Agreement immediately upon any breach of this Agreement by the Customer or when the Customer’s accounts are not maintained in such a manner to the full and complete satisfaction of MauBank or upon the death of the Customer when brought to the notice of the Bank.
- The Mobile Banking Service will be automatically terminated if all the accounts linked to the service are closed.
- Termination of this Agreement, howsoever occasioned, shall not prejudice or affect any accrued rights or liabilities of either party hereunder nor shall it affect any provision which is intended to apply after such termination.
- The Customer shall not assign this Agreement nor any of its rights or obligations there under.
- Notwithstanding clause 24 any notice to be given by either party under this Agreement, shall be in writing and sent by telex, fax, e-mail, registered mail or otherwise handed over to the other party. However, any notification made by telex, fax, email shall, be confirmed in writing, signed and delivered to the other party, at the address stated in this Agreement, otherwise it shall be deemed to be null and void. Either party may change its postal address by giving 7 days’ notice in writing to the other party.
- The Customer acknowledge that email and SMS are not secure and may be lost, intercepted, or altered. Except as otherwise specified in another written Agreement that the Customer has with the Bank, the Bank is under no obligation to accept or act on any instructions provided by email. If the Customer sends confidential information by email, the Bank will not be liable if it is lost or intercepted, altered or misused by someone else. If the Customer send an email, he agrees that the Bank may (at its sole discretion) respond to him by email, and provide by email any confidential information that he requested; he also agree that the Bank will not be liable if the information that is provided by email is lost or intercepted, altered or misused by someone else.
- Nothing in this Agreement shall create any agency, fiduciary, joint venture or partnership relationship between MauBank and the Customer.
- In the event that any provision of this Agreement or the application of any such provision to any person or set of circumstances shall be determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
GOVERNING LAW AND JURISDICTION
- This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Mauritius and any dispute arising in connection with the interpretation and/or fulfillment of this Agreement shall be within the exclusive jurisdiction of the competent courts within the Republic of Mauritius.
- The Terms and Conditions shall be those existing at the time of the transaction taking place. The Customer dealing outside the Republic of Mauritius should be aware of the local laws of the country from which he is operating on the Mobile Banking Services and be fully aware of that country’s local and national laws as well as any applicable international laws in force. The Customer shall be liable for any use or export of any of the information on the MauBank’s Website, in contravention with any local or national laws of that country.
The latest version of this Agreement is also available at any time on request at all MauBank Business Centres, on MauBank’s Mobile Banking Services and on MauBank’s website. (www.maubank.mu)
25, Bank Street, Cybercity, Ebene 72201 T: +230 405 9400 F: +230 404 0333 E: email@example.com
SWIFT Code: MPCBMUMU BRN: C07027648 www.maubank.mu