ZICB Digital Channels Terms and Conditions

1. Applicable to the Zambia Industrial Commercial Bank Limited (ZICB) Digital  Channels

1.1 Please read the following Terms and Conditions carefully. By using Our Digital Channels and the related services, you acknowledge that you have read the Terms and Conditions, that you understand them and that you accept and will be bound by them( as they may be modified by Zambia Industrial Commercial Bank Limited (the “Bank”) from time to time, as posted on our Digital Channels). If you do not agree to the Terms and Conditions of use, do not use the Digital Channels

1.2 These terms and conditions apply to your use of the ZICB Banking service (the“Terms and Conditions”). It is important that you read these Terms and Conditions before you use the ZICB Digital Channels. If you do not understand or are unsure about any aspect of these Terms and Conditions, do not hesitate to ask ZICB to clarify to you. These Terms and Conditions apply together with any terms and conditions applicable to the Account(s) which you have nominated to be linked on the ZICB Digital Channels. Unless otherwise specified, if there is any inconsistency between these Terms and Conditions and the terms and conditions applicable to the Account(s) which you have nominated to be linked on the ZICB Digital Channels, these Terms and Conditions will prevail for all transactions using the ZICB Online Banking service. In addition to these Terms and Conditions, other terms and conditions (that are product specific), including those implied by law apply.

2. Products and Services to be rendered through the ZICB Digital Channels

2.1 The ZICB Digital Channels (Bank App, USSD, Internet banking) are provided by the Bank to offer the following services:

1. Obtaining information relating to the Account, including transactions, and standing instructions; Transferring funds;

1. Paying accounts;
2. Making own defined payments where the Customer provides the beneficiary's details;

1. Making purchases through Merchants through QR code, Digital Channels  or phone number;

1. Depositing and withdrawing funds through the ZICB Digital Channels by ZICB Agents;

1. Depositing and withdrawing funds using Card and or Bank Accounts;
2. Withdrawing funds through ZICB ATM's;
3. Requesting from the Bank statements and replies to enquiries which relate to the customer Account;

1. Purchasing further products; and
2. Using any other service, which may be available through channels linked to this Wallet Account.

 

3. Definitions:

3.1 In these Terms and Conditions, the following words will have the following meanings:

 

Bank or ZICB means Zambia Industrial Commercial Bank Limited Company Registration Number: 120170006643. Billing Account means the Customer's main account used for the purpose of debiting the fees payable in terms of this agreement. Commencement Date means the date of submitting or confirming the application for  registration, which ever occurs first. Customer means the person who has registered to use the ZICB Digital Channels or ZICB Wallet Banking.

Merchant means a company that will accept payment for goods and services using the ZICB Digital Channels through POS (point of sale devices), e-commerce platforms or mobile phone, using a QR code or mobile number.

Main Users means any person/s authorized or deemed to be authorized by the Customer to use the ZICB Digital Channels.

Mobile Network Operators or MNOs means the relevant telecommunications service provider organization that provides wireless voice and data communication for its subscribed mobile users who are also Customers.

Password means alphanumeric (both letters and numbers) characters chosen by the Customer or Main User, as the case may be, used as an additional security and authentication when accessing the ZICB Digital Channels PIN means numeric digits (Personal Identification Number), chosen by the Customer or Main User and used as a security and authentication when accessing the ZICB App.

One Time Pin (OTP) is a unique code that acts as a one-off password that is required when performing particular transactions on ZICB Digital Channels. ZICB customers will

receive the OTP via SMS and email. There is no additional charge for this service.

Account means any account held in the name of the Customer together with any accounts in respect of which the Customer holds a valid Mandate.

ZICB Online Platforms includes Mobile Application, USSD and Retail Internet Banking, Corporate Internet Banking, SmartPay or any other Digital affiliated channel.

ZICB shall not be liable for any loss of damage arising or resulting from delay in transmission delivery or non-delivery of electronic messages or any mistake, omission, or error in transmission or delivery thereof or in deciphering the message from any cause whatsoever or from its misinterpretation received or any other action beyond its control. The customer should carefully take responsibility of any action done by him/her.

 

4. Confidentiality

 

4.1 The Customer accepts that we may disclose or receive personal information or documents about the Customer:- to and from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud to and from our service providers (including dealers, agents, or any other company that may be or become our subsidiary, parent company or partner), for reasonable commercial purposes connected to your use of the our services, such as marketing and research related purposes to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement to our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature)

5. Use of ZICB Digital Channels

5.1 The use of ZICB Digital Channels is subject to Terms and Conditions as provided by the Bank. This agreement governs your and our rights and obligations when you use any of the ZICB Digital Channels. You will become bound to the most recent version of this agreement when you register to use any of the ZICB Digital Channels. Before you use the ZICB Digital Channels, you must register for the said platform. Refer to our website for more information on how to register for the different ZICB platforms. To use the ZICB Digital Channels (you must be at least

18 years old or have your parent/legal guardian's consent or be emancipated). By registering to use the ZICB Digital Channels you confirm that you are a least 18 years old or have your parent/legal guardian's consent or have been emancipated, as the case may be. The Customer acknowledges that information transmitted through the Application Internet or any other communication system, including wireless communication system, is susceptible to unlawful access, distortion and monitoring and that the Customer uses the ZICB Digital Channels at his or her own risk.

5.2 The Customer authorizes the Bank to carry out any and all instructions given via the ZICB Digital Channels, including the debiting of and transfer of funds from the linked Bank Cards or Bank Accounts, and the Digital Wallet Account, furnishing of information on the Accounts, provided that the instructions are authenticated by the use of:

• The PIN and/or Password
• Any other procedures which may be agreed to in writing between the Customer and the Bank

 

5.3 You must operate effective ZICB Digital Channels Control and must notify us straight away if you know or suspect the security of your ZICB Digital Channel has been compromised.

5.4 A payment on an Account made through ZICB Digital Channels and using an authorisation code, PIN or password is valid and binding upon you unless:

• the payment is an operational error on the part of the Bank; or

 

• the payment results from Fraud on the part of the Bank's employees, contractors, or agents; or

• before the payment is made, you notify us that the security of your ZICB Digital Channel, (including a device or authorization code, Pin or password used to make or validate payments), has been compromised, and we have reasonable opportunity to stop the payment.

 

5.5 When using a Digital Certificate, (where available), you must comply with the Bank's requirements in elation to Digital Certificates and their use.

5.6 We will notify you, in advance, of any scheduled ZICB Digital Channel outages and/or any discontinuance of the ZICB Digital Channels.

5.7 The provision of the ZICB Digital Channels will not entitle the Customer to overdraw the Account if borrowing arrangements have not been made with the Bank, or to overdraw in excess of any borrowing limit agreed with the Bank.

5.8 The Customer should comply with ZICB security tips as published on the website, in-app notification, sent via email or SMS from time to time.

6. Unauthorized Use/ Access of the PIN and Password

6.1 The Bank deals with the customer remotely when using ZICB Digital Channels (no face-to-face interaction), as such the Customer authorizes the Bank to act on and accept instructions and transactions that occur after your PIN, Password or OTP have been entered or applied. Unless advised before a transaction takes place, we are entitled to assume that all and any such transactions have been authorized by you, even if such transactions took place without your knowledge or consent or were not authorized. This will not apply to transactions that occur after you have requested that the Bank disable any access code. The Customer is required to inform the Bank immediately if he/she knows or suspects that his/her access code(s) have been compromised, lost, stolen or may be misused. If any unauthorized person obtains the Access Codes in any manner whatsoever, such a person will be regarded as the Customer’s duly authorized agent with full authority to use the ZICB Digital Channels on the Customer’s behalf, unless the Customer is able to prove that the person has obtained the Access Codes fraudulently due to the Bank’s negligence.

7. Indemnity and Warranty by the Customer

7.1 The Customer hereby indemnifies the Bank against any damage, loss and/or consequential damage that the Bank may suffer as a result of incorrect, wrong, unauthorized and/or wrongful instructions or information given by the Customer, or any other person authorized or deemed to be authorized to act on behalf of the Customer. The Customer hereby warrants to the Bank that the Customer has the required legal capacity to enter into and be bound by these Terms andConditions.

8. Duties of the Customer

8.1 The Customer must keep his/her PIN, Password or OTP secret. The Customer must not disclose the PIN, Password or OTP, thereby giving access to any unauthorized person. The Customer must take reasonable precautions to prevent unauthorized use of the ZICB Digital Channels and unauthorized access to the Account.

8.2 If the Customer suspects that the PIN, Password or OTP has become known to someone else, the customer must immediately notify the Bank and immediately change the PIN or Password.

8.3 The Customer must provide the correct account or cellphone number, of all beneficiaries when instructing the Bank to make payments, pay accounts and to transfer funds to such beneficiaries. The Bank does not at any stage verify an account or cellphone number and branch clearing code against the name of a beneficiary when performing interbank and mobile transactions.

9. Other Agreements that also apply to You

9.1 Certain products and services that you use or access via ZICB Digital Channels are subject to their own terms and conditions, such as the Personal Customer Agreement for your bank account or services you access, your Debit card and Credit card, Agent Agreement or Contract and Merchant Agreement or Contract. This agreement (governing the use of ZICB Digital Channels) must be read together with the forms part of each product agreement. In the event of conflict between this agreement and such other terms, the provisions of such other terms will prevail to the extent of the conflict.

10. Fees

10.1 Any fees and charges in respect of the ZICB Digital Channels will be debited from the Customer's account (Billing Account). A copy of the Tariff guide can be obtained from our website or from Bank. Should the Bank be unable to recover any fees/charges from the nominated account on the due date, due to insufficient funds or for any other reason whatsoever, the Bank shall be entitled to recover such fees/charges as and when the funds may be available in the customer's nominated account, alternatively from any other ZICB account belonging to the Customer. Should the Bank be unable to recover any fees/charges as per above, the Bank reserves the right to suspend the Account with immediate effect, with or without notice. The Bank may vary the fees/charges in respect of the ZICB Digital Channels by giving a month's notice of such amendments to the Customer by posting a notification of amendments on the website and selected media.

11. Availability of ZICB Digital Channels

11.1 The ZICB Digital Channels will be available at all times, subject to the availability of the Internet and Mobile Networks connections and to any periods required for necessary maintenance of the Internet and Mobile networks connections. Should the ZICB Digital Channels be unavailable for whatever reason, the Customer must use the Bank's other available service channel and take reasonable steps to minimize and/or prevent loss or risk.

12. Internet Required

12.1 Should the Customer obtain access to the ZICB Digital Channels via the Internet, the Customer must register with an Internet Service Provider before the commencement date. The Customer will be solely responsible for the acquisition, installation and maintenance of the connection to the Internet, or any related costs or expenses will be borne by the Customer. Should the Internet, software and hardware requirements be modified with a view to improving or upgrading the Internet, the resultant cost of any hardware, software or Internet connection required for use of the system will be for the Customer's own account. In the event that the Customer experiences problems with the Internet and Internet connection, it is the Customer's responsibility to liaise with the Internet Service Providers prior to contacting the Bank.

13. Mobile Phone Requirements

13.1 Should the Customer obtain access to the ZICB Digital Channels via the Mobile Phone, Customer must register with a Mobile Network Operator before the commencement date. The Customer will be solely responsible for obtaining of the prescribed cellphone and the connection to the Mobile Network Operator and any related costs or expenses will be borne by the Customer.

13.2 Should the cellphone requirements be modified with a view to improving or upgrading the Digital Channels service, the resultant costs of any new cellphone or service provider connection required so as to use the ZICB Digital Channels will be for the Customer’s own account. In the event that the Customer experiences problems with the Cellphone and/or Mobile Network Operator, it is the Customer's responsibility to liaise with the Mobile Network Operator prior to contacting the Bank.

14. ZICB Point of Sale (POS) Requirements

14.1 Should the Customer obtain access to the ZICB Digital Channels via ZICB POS device, the Customer must ensure alignment to their Merchant Agreement and any other Addendums pertaining to POS and or ZICB Digital Channels usage.

15. Liability arising from Loss or Damage

15.1 The Customer acknowledges that the use of the ZICB Digital Channels and the Account is at the Customer's own risk. The Bank will not be responsible for any damage, loss or consequential damage which the Customer may suffer as a result of:

• Any malfunction or defect in the hardware used by the Customer (which includes the personal computer or cellphone).

• Any defect in the software used by the Customer to gain access to the ZICB Digital Channels

• Any act or omission by the Internet or Mobile Network Operator or any defect in the ZICB Digital Channels or any other medium by which access is gained to the system

• The ZICB Digital Channels being off-line or unavailable
• Any industrial action
• Any other circumstances not reasonably within the Bank's control
• Erroneous, unauthorized, incomplete or unlawful instruction from the Customer

• Unlawful or unauthorized access by another person(s)
• Incorrect or late execution on non-payment of any instruction given by the Customer

 

16. Intellectual Property

16.1 The Bank retains all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or through this website. The customer is authorized to view and download a copy of these Terms and Conditions to a local hard drive or disk, print and make copies of such printouts, provided that the material is used for considering use of the ZICB Digital Channels and for no other commercial purposes.

16.2 Any reproduction of the Bank's proprietary material from the website or portion of it must include the Bank's copyright notice in its entirety. Nothing on this website should be construed as granting a license or right to use any trademark without the Bank's prior written consent and/or the prior written consent of the third parties, as the case may be. The Customer may not without the Bank's prior written consent, use the Bank's intellectual property or the intellectual property of third parties for any purposes whatsoever.

17. Termination, Suspension or Withdrawal of the ZICB Digital Channels

17.1 The Customer may terminate the ZICB Digital Channels services by giving the Bank 30 (thirty) days' written notice. The notice should be signed by the Customer. The Bank is entitled, to terminate the ZICB Digital Channels upon expiry of a reasonable published notice.

17.2 In order to protect the Customer, the Bank and the banking systems, the Bank is entitled to immediately suspend or withdraw all or part of the ZICB Digital Channels if the Channel is being used contrary to the Terms and Conditions of this agreement; the Bank has reasonable grounds to believe that the channel may be used negligently, illegally or fraudulently or the Bank believes that the security of the system used to provide the ZICB App may be compromised.

17.3 In the event of the ZICB Digital Channels not being used for a period of six (6) months or longer. the Bank reserves the right to terminate the agreement without prior notice. The Customer may reapply for the ZICB Digital Channels at any time. The Customer is liable for all transactions and/or obligations (and related charges) which are incurred up to and including the date of termination.

18. Data Privacy

18.1 Our Privacy Policy is published on our website and will be amended from time to time. We must and will comply with our commitments to the you set out in our Privacy Statement.

18.2 The Customer accepts that we may disclose or receive personal information or documents about the Customer:- to and from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud.

18.3 The Customer is aware that the use of Digital Channels leads to the increased risk of fraud or cyber security breaches. In this regard the Customer agrees for us to receive personal information (including IMSI numbers or other relevant personal information) to and from our service providers (including Mobile Network Operators, dealers, agents, or any other company that may be or become our subsidiary, parent company or partner), for reasonable commercial purposes connected to your use of the App such as marketing and research related purposes to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement to our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature) and to assist in the prevention, detection or prosecution of criminal activities or fraud.

18.4 You as the Customer understand, accept and consent that our service providers who support our products and services can on our request provide us with personal information (whether obtained through a separate relationship with you) about you particularly for fraud prevention.

18.5 Processing of personal information includes any initial processing that the Bank does when we first collect your personal information. It also includes any further and ongoing processing that the Bank is allowed to carry out legitimately in terms of the reasons listed above. The term ‘processing’ includes collecting, using, altering, merging, linking, organizing, disseminating, storing, retrieving, disclosing, erasing, archiving, destroying or disposing of personal information.

18.6 ZICB will only collect and process your personal information for the reason you provided it to us, or to enable us to comply with the requirements of specific laws that we are governed by.

18.7 ZICB may process your personal information to protect your or our legitimate interests. ZICB will not collect and process personal information about you that we do not need for this purpose. The general purposes for which ZICB collects and processes your personal information include, but are not limited to:

18.8 Creation of a record of you on our system to verify your identity, provide you with the products and/or services you have applied for and then communicate with and keep you informed about these products and/or services;

18.9 Assessment of whether you qualify for credit, or an increase or decrease of your credit limit;

18.10 Identification of you and verification of your physical address, source of income and similar information;

18.11 Assessment of your personal financial circumstances and needs before providing advice to you;

18.12 Any other purpose related to the prevention of financial crime, including sanctions screening, monitoring of anti-money laundering and any financing of terrorist activities;

18.13 Further processing for historical, statistical or research purposes where the outcomes will not be published in an identifiable format;

18.13.1 Providing income tax-related information to tax authorities;

18.13.2 For purposes relating to the sale or transfer of any of our businesses, legal entities or assets as part of corporate transactions;

18.13.3 Where you have applied for employment at ZICB, we perform applicant screening and background checks;

18.13.4 Where you are an ZICB employee (including contractors), we create an employment record of you on our system to facilitate continuous monitoring during your employment with us;

18.13.5 Where you are an ZICB director, we create a record of you as a director on our system;

18.13.6 Where you’ve been identified as a next of kin by an employee or customer, we create a record of you on our system; and

18.13.7 Where you are a supplier to ZICB, we process your personal information for due diligence, risk assessment, administrative and payment purposes.

18.14 Furthermore, ZICB will not process your special personal information unless:

18.14.1 You have consented to ZICB processing it (use of our products and services means you have consented);

18.14.2 It is necessary to exercise or defend a right or obligation in law;

18.14.3 It is necessary to comply with an international legal obligation of public interest;

18.14.4 It is for certain historical, research or statistical purposes that would not adversely affect your privacy; or

18.14.5 You have deliberately made your information public.

18.15 There are some personal information fields that you have to fill in if you want ZICB to provide you with your chosen product and/or service or onboard you as an employee, customer supplier, director or job applicant. This information can be provided in writing, electronically or telephonically, but it must be accurate and complete. These fields are indicated by an asterisk (or as otherwise indicated) on the respective forms/websites. If ZICB does not receive the necessary personal information, we will not be able to continue with your application. If you are already a(n) customer/employee/supplier/director and ZICB asks you for this information and you do not provide it, ZICB will have to suspend the provision of the product and/or services for a period of time, or as the case may be, even terminate our relationship with you.

18.16 In most cases, personal information will be collected directly from you, but there may be other instances when ZICB will collect personal information from other sources. These may include public records, places where you may already have made your personal information public (for example, on social media), credit bureaus, or individuals/directors whom you have appointed as your representative, where you are a corporate entity. ZICB will only collect your personal information from other sources where we are legally entitled or obliged to do so, and you are entitled to ask ZICB

18.17 We confirm that we will not use or misuse the personal data for any purpose other than the purposes outlined above or that we may communicate to you.

19. General

 

19.1 All information on this website and application is only intended to provide the Customer with general information about the Bank, Bank products and service and the Bank will endeavor to ensure that the information provided is up to date. amend, change, add, delete, update or alter the information, including without limitation, the Terms and Conditions of use at the website. Further, assumes no responsibility for any errors or omissions of the content of the website.

19.2 Users agrees to indemnify, defend and hold the Bank harmless from any liability, loss; claim and expense, including legal fees related to a user's violation of these Terms and Conditions or unauthorized use of the services and information provided at this website.

19.3 The Terms and conditions will be governed by and construed in accordance with the applicable laws of the Republic of Zambia and users agree that all legal proceedings relating to the matters herein shall be adjudicated solely in the courts of the Republic of Zambia.

19.4 To the extent portion of these Terms and Conditions shall be determined to be unenforceable by a court in Zambia of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions as so modified will remain in full force and effect. Any waiver by the Bank of any provisions contained in these Terms and Conditions by shall not be deemed to be a waiver of any other of the Bank’s rights, terms or provisions of these Terms and Conditions.