1. ZICB Internet Banking General Terms and Conditions

1.1 Introduction

1.1.1 About the ZICB Internet Banking Terms and Conditions

These terms and conditions apply to your use of the ZICB Internet Banking service (the "Terms and Conditions"). It is important that you read these Terms and Conditions before you use ZICB Internet Banking. If you do not understand, or are unsure about any aspect of these Terms and Conditions, do not hesitate to ask ZICB to clarify you on same.

These Terms and Conditions apply together with any terms and conditions applicable to the Account(s) which you have nominated to be linked on ZICB Internet Banking.

Unless otherwise specified, if there is an inconsistency between these Terms and Conditions and the terms and conditions applicable to the Account(s) which you have nominated to be linked on ZICB Internet Banking, these Terms and Conditions will prevail for all transactions using the ZICB Internet Banking service. In addition to these Terms and Conditions, other terms and conditions, including those implied by law apply.

1.1.2 When ZICB Internet Banking Terms and Conditions apply

ZICB will notify you in writing of the date in which each of your nominated Account(s) has been successfully linked on ZICB Internet Banking. You agree that on and from that date, transactions conducted on your linked Account(s) through ZICB Internet Banking will be subject to these Terms and Conditions.

1.1.3 Acceptance of these Terms and Conditions

By ticking the "I accept to be bound to the ZICB Internet Banking Terms and Conditions" box and clicking the "Accept" button on the ZICB Internet Banking Web Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. Where ZICB requires you to use a Security Device, you will also be bound by these Terms and Conditions in this document relating to the use of a Security Device.

1.2 Definitions

In these Terms and Conditions, the following definitions apply unless otherwise stated:

Account(s) means all bank accounts, including the Prime Account, held with ZICB, which are able to be linked on ZICB Internet Banking, and which the Account Holder has nominated to be linked on ZICB Internet Banking.

Account Holder means the person or entity in whose name the Account has been opened and who is responsible for the Account under the relevant Account authority.

Account Signatory means the person or persons who is/are Authorized to operate the Holder's Account(s) with ZICB under the relevant Account authority.

ZICB means National Financial credit Bank.

ZICB Business Day is any day excluding public holidays or any day on which ZICB is not opened for business in at least one of its branches in the relevant jurisdiction where your Account is opened and held with ZICB.

ZICB Internet Banking means banking services in respect of Account(s) provided by ZICB via the Internet and accessible at the URL address of the jurisdiction which your Prime Account is opened and held with ZICB, as listed at the end of this document.

Apply for a Term Deposit Request means the function available through ZICB Internet Banking for personal Account Holders through which you can submit an application for an ZICB Term Deposit Account to be opened with ZICB in the jurisdiction where your Funding Account is domiciled, being the nominated ZICB Account through which your original investment amount for the ZICB Term Deposit will be debited from if your request is approved by ZICB.

Authorized User for the purposes of ZICB Internet Banking means a person or persons Authorized by the Account Holder to access the Account Holder's nominated linked Accounts through ZICB Internet Banking in accordance with clause 1.5.1.

Force Majeure means any act of nature, war, riot, sabotage, revolution, or any other unlawful act against public order or authority, an industrial or labor dispute, a governmental restraint, civil unrest, power shortages or power failure, sudden or unexpected system failure, or any other event or cause which is not within the reasonable control of ZICB or you.

Funding Account (or From Account) means the Account which you have nominated for funds to be debited for transactions conducted through ZICB Internet Banking.

Funds Transfer Between My Accounts means the function available through ZICB Internet Banking through which transfer of funds can be made between your eligible nominated linked Account(s) opened and held with ZICB in the same jurisdiction and in the same currency, including transfer of funds to your nominated linked ZICB credit card Account (where applicable).

International Transfer Request means the function available through ZICB Internet Banking through which you may lodge instructions to ZICB to transfer funds in local or foreign currency from eligible nominated linked Account(s) opened and held with ZICB to third parties' account(s) held at local licensed financial institutions or financial institutions outside the jurisdiction in which you are domiciled, which will accept such transfers.

Law means any law, legislation, regulation, proclamation, ordinance, rule, instrument, official directive, ruling, code of practice, code of conduct or prudential requirement in force in the jurisdiction where your Account is opened and held with ZICB.

Local Transfer Request means the function available through ZICB Internet Banking through which you may lodge instructions to ZICB to transfer funds in local currency from eligible nominated linked Account(s) opened and held with ZICB to third parties' account(s) held at local licensed financial institutions in the same jurisdiction, which will accept such inter-bank transfers.

Maintain Your Term Deposits Request means the function available through ZICB Internet Banking for Account Holders through which you can lodge instructions to ZICB to maintain and terminate your existing ZICB Term Deposit Account opened and held with ZICB.

 Non Value Access means where the Account Holder and/or an Authorized User is able to only view the information about the Account Holder's nominated linked Account(s) through ZICB Internet Banking.

Password means a sequence of a minimum of 8 and a maximum of 16 characters (consisting of both alpha and numeric) to access ZICB Internet Banking and includes the password first issued by ZICB to you to access ZICB Internet Banking.

Prime Account means the Account nominated by the Account Holder as the primary linked Account for the purposes of ZICB Internet Banking

Security Device is a physical device which generates random numbers issued to you by ZICB, if required, which must be used together with your User ID and Password to access ZICB Internet Banking (where applicable).

Security Device Code means a number generated by a Security Device or a substituted temporary device code provided by ZICB (where applicable).

User ID is the first eight digit number issued by ZICB to you, and includes the number customized by you through ZICB Internet Banking consisting of minimum of 9 and a maximum of 32 characters which enables ZICB to identify you when you access ZICB Internet Banking.

Value Access means where:

(a) An Account Holder can fully operate and transact on the nominated ZICB account on ZICB Internet Banking.

(b) Or an Authorized User has been authorized by the Account Holder to operate on the Account Holder's nominated linked Account(s) through ZICB Internet Banking subject to multiple authorization requirements nominated by the Account Holder for authorization of transactions and the function level assigned to the Authorized User by the Account Holder in accordance with clause 1.5.1(2).

 

You means, unless the context requires otherwise, means the Account Holder and each Authorized User ("your" has a corresponding meaning).

1.3 Initial Access to ZICB Internet Banking

Unless otherwise noted in the ZICB Internet Banking Terms and Conditions, you can access ZICB Internet Banking using the User ID and temporary Password issued to you by ZICB following registration. When you first access ZICB Internet Banking, you will be required to accept the ZICB Internet Banking Terms and Conditions, change the temporary Password and select a new Password comprising of both alpha and numeric characters with a minimum of 8 and a maximum of 16 characters long.

1.4 Nominated Accounts

1.4.1. General

ZICB Internet Banking is only available on Accounts which you nominate to be linked and which are available for access on ZICB Internet Banking.

ZICB may also restrict your use of ZICB Internet Banking on a nominated linked Account. For instance, ZICB may limit the amount of any type of transaction on a nominated linked Account.

Subject to the other terms and conditions set out in the ZICB Internet Banking Country Specific Terms and Conditions which may also apply depending on where your Prime Account is opened and held with ZICB, you must also nominate one (1) of the nominated Account(s) linked on ZICB Internet Banking as the Prime Account.

Joint Personal Accounts

Where the Account Holder is an individual, and the Account(s) nominated to be linked on ZICB Internet Banking is held jointly with one or more persons and are not single signing authority, the Account Holder will be granted with only Non Value Access to those Account(s) on ZICB Internet Banking.

1.5 Authorized User(s)

This clause only applies to where the Account Holder is an entity, and has nominated another person or persons as an Authorized User.

All Authorized Users must comply with the Law and ZICB's customer identification requirements, except where an Authorized User has been nominated as a Business Operator as referred to in clause 1.5.1(3).

1.5.1 Nomination

(1) Each Authorized User will be assigned by the Account Holder with either Non Value Access or Value Access for each nominated linked Account on ZICB Internet Banking (the "Access Levels"). The Access Levels assigned is subject to approval by ZICB and any requirements and restrictions set out in the relevant Account authority.

(2) An Account Holder may appoint an Authorized user as an Authorized Signatory, Business Administrator or Business Operator (the "Function Levels"), and subject to the Access Levels assigned to the Authorized User for the particular nominated linked Account in accordance with clause 1.5.1(1), these Authorized Users will be able to perform the following functions through ZICB Internet Banking:

(a) Authorized Signatory (Level 1): can view, initiate and authorize transactions through ZICB Internet Banking.

(b) Authorized Signatory (Level 2): can view and authorize transactions ZICB through ZICB Internet Banking.

(c) Business Administrator (Level 1): can set up Business Operators, view, initiate and authorize transactions through ZICB Internet Banking.

(d) Business Administrator (Level 2): can set up Business Operators, view and initiate transactions through ZICB Internet Banking.

(e) Business Administrator (Level 3): can set up Business Operators and view transactions through ZICB Internet Banking.

(3) Business Operators are individuals appointed and maintained by Business Administrators through ZICB Internet Banking, and therefore are not recorded on the relevant Account authority or the registration of ZICB Internet Banking form. Business Operators are permitted to view transactions or view and initiate transactions on the Account Holder's nominated linked Account(s) through ZICB Internet Banking only and not through any other means. ZICB accepts no liability or responsibility for any functions conducted or transactions initiated by a Business Operator through ZICB Internet Banking.

(4) Where an Authorized User (excluding Business Operators) is granted Value Access to the Account Holder's nominated Account on ZICB Internet Banking, he/she must be an Account Signatory for that particular nominated linked Account and will be subject to limits that are applicable for transactions initiated and/or authorized through ZICB Internet Banking under clause 1.6.

(5) For the avoidance of any doubt, the Access Level, the Function Level and any limits pursuant to clause 1.6 which may apply for transactions initiated and/or authorized by an Authorized User through ZICB Internet Banking is applicable for the Authorized User's use and operation of ZICB Internet Banking only and may differ from the level of authority granted to that person for functions and/or transactions conducted outside ZICB Internet Banking.

1.5.2 User ID and Passwords for Authorized Users

Unless otherwise noted in the ZICB Internet Banking Terms and Conditions, Authorized Users will be issued with their own User ID and temporary Password. When the Authorized User first accesses ZICB Internet Banking, the Authorized User must use their User ID and temporary Password and will then be required to accept the ZICB Internet Banking Terms and Conditions, change the temporary Password and select a new Password of his/her choice comprising of both alpha and numeric characters between 8 to 16 characters long.

1.5.3 Responsibility of Authorized Users

The Account Holder is responsible for the operation of the Account Holder's nominated linked Account(s) through ZICB Internet Banking by each Authorized User in accordance with the Authorized User's assigned Access Level, Function Level and any limits pursuant to clause 1.6 which may apply, including proper use and storage of the Authorized User's User ID, Password, Security Device and Security Device Code (where required by ZICB). ZICB accepts no liability for any errors or losses suffered by the Account Holder if an Authorized User acts outside the Authorized User's assigned Access Level, Function Level and any limits that may apply on ZICB Internet Banking. The Account Holder is also responsible for ensuring that each Authorized User complies with all obligations and responsibilities imposed on the Account Holder and the Authorized User under these Terms and Conditions.

The Account Holder may cancel or change an Authorized User's nomination, including the Authorized User's Access Level and Function Level by sending a written request to an ZICB branch. ZICB may take several ZICB Business Days to process this request. If an Authorized User is a Business Administrator,  he/she may cancel the Business Operator's use of ZICB Internet Banking at any time through ZICB Internet Banking.

It is the responsibility of the Account Holder to ensure that ZICB is informed immediately in writing whenever there is a change to the Authorized Users, including the Authorized User's assigned Access Level and Function Level. ZICB will not be responsible for any errors or losses associated with such changes where ZICB has not received prior written notice.

1.6 Limits

Unless the Account Holder has made subsequent arrangements with ZICB for an increased or decreased limit, all transactions conducted through ZICB Internet Banking are subject to:

(a) A daily Limit being the maximum daily cumulative amount for all transactions initiated through ZICB Internet Banking, excluding Funds Transfers between My Accounts transactions. The Daily Limit is applicable for all Account Holders (individuals and entities) registered for ZICB Internet Banking.

(b) An Account Limit being the maximum daily cumulative amount for all transactions initiated through ZICB Internet Banking, excluding Funds Transfers between My Accounts transactions, and is only applicable if the Account Holder registered for ZICB Internet Banking is an entity.

(c) And an Authorization Limit being the maximum limit that an Authorized User may authorize per transaction through ZICB Internet Banking and is only applicable if the Account Holder registered for ZICB Internet Banking is an entity.

as agreed between the Account Holder and ZICB upon registration of ZICB Internet Banking subject to any transfer limit imposed by Law.

The above limits which apply for ZICB Internet Banking may be different, but must always be equal to or less than, the limits provided for each Account authority held by ZICB. Where ZICB Accounts held and opened with ZICB in different jurisdictions and linked to a single User ID, the lowest limit recorded in the Account authority held with ZICB shall apply.

To the extent permitted by Law, ZICB may change or impose limits on the amount of funds that will be available through ZICB Internet Banking over any specified period of time for transactions.

1.7 Instructions conducted through ZICB Internet Banking

1.7.1 Instructions

Provided that there are sufficient funds in the Account Holder's nominated linked Account(s) and subject to any exclusions, ZICB Internet Banking will allow you to conduct a:

(a) Funds Transfer between My Accounts.

(b) Local Transfer Request.

(c) International Transfer Request.

(d) Apply for a Term Deposit Request.

(e) And Maintain your Term Deposits Requests.

(Collectively referred to as "Instructions")

Other restrictions may also apply as required by Law or in accordance with ZICB's policies, in which case ZICB will notify you of such restriction.

You agree that the effect of your Instructions and ZICB's response or notification given through ZICB Internet Banking shall have the same effect as if given in writing.

1.7.2 Processing

Subject to clauses 1.7.3 and 1.8, ZICB will generally process a:

(a) Funds Transfer between My Account instructions on the same day the instruction is received by ZICB.

(b) Or Local Transfer Request, International Transfer Request, Apply for a Term Deposit Request or Maintain your Term Deposits Request within the processing times and in accordance with the requirements, stipulated by ZICB in the jurisdiction where your Funding Account or your ZICB Term Deposit Account is opened and held.

1.7.3 Currency

Any deposit into or withdrawal from your Account through ZICB Internet Banking in a currency other than the currency in which your Account is denominated will be subject to:

(a) Foreign exchange control regulations and restrictions/requirements as applicable under local Law, in which case ZICB will notify you of such restriction/requirements. You may also contact your ZICB branch for further information.

(b) exchange rates applicable to the currency of the transaction involved on the day transaction is processed. ZICB will determine the exchange rates to convert the foreign currency amounts to the equivalent amounts in a different foreign currency or the local currency of the jurisdiction where your Account is opened and held with ZICB depending on the transaction in question in accordance with ZICB's standard procedures for currency conversion.

1.7.4 Additional Requirements

ZICB may require additional supporting information or confirmation details prior to processing your Instructions.

1.7.5 Transaction Reference

ZICB will issue a transaction reference to you or an Authorized User (as the case may be) upon receipt of a Funds Transfer Between My Accounts instruction, Local Transfer Request, International Transfer Request, Apply for a Term Deposit Request or Maintain Your Term Deposits Request on ZICB Internet Banking.

1.8 Processing Instructions - General

You must provide the information requested by ZICB to process your Instructions conducted through ZICB Internet Banking. Your Instruction will not be processed if:

(a) All necessary information is not provided.

(b) Multiple authorizations has not occurred where the Account Holder has elected to make access subject to multiple authorization requirements.

(c) There are insufficient available funds in your nominated Funding Account.

(d) Or ZICB is (for whatever reason) restricted or prohibited by Law from permitting the payment to occur.

ZICB is under no obligation to accept any Instructions and may, in its absolute discretion, accept or act on (or decline to accept or act on) any Instruction conducted through ZICB Internet Banking. ZICB may also delay acting on an Instruction or may ask the Account Holder or an Authorized User for further information before acting on an Instruction. You may view the status of your Instructions through ZICB Internet Banking or by contacting the ZICB Internet Banking Support Centre.

ZICB is not required to, and does not, check that the details provided by the Account Holder or an Authorized User on ZICB Internet Banking are correct. Any error in entering these details may result in funds transferred to an incorrect Account or for an incorrect amount and currency or the Instruction not being made at all. ZICB is not responsible for any inaccuracy in Instructions given by the Account Holder or an Authorized User or liable to the Account Holder for any loss arising from such inaccuracy in Instructions.

When ZICB has Instructions for more than one transfer from the Account Holder's nominated linked Account(s) conducted through ZICB Internet Banking, ZICB will, at its sole discretion, determine the order of priority in which transfers are made.

Any Instruction given by the Account Holder or an Authorized User through ZICB Internet Banking cannot be cancelled, altered or changed once ZICB has issued a reference number.

The Account Holder authorizes ZICB to act on and process any Instruction the Account Holder or an Authorized User give or transmit through ZICB Internet Banking using their User ID, Password, Security Device and Security Device Code (where required by ZICB) without ZICB further seeking confirmation from or giving notice to the Account Holder.

ZICB may, at its sole discretion, from time to time for verification purposes confirm you instructions by telephone prior to processing any Instruction.

Except as stated otherwise in these Terms and Conditions, the Account Holder is responsible to ZICB for, and agrees to indemnify ZICB against, all liabilities incurred as a result of:

(a) ZICB accepting or acting on any Instruction in accordance with these Terms and Conditions.

(b) The invalidity or alleged invalidity of any Instruction or the transactions constituted.

(c) ZICB declining to act on or accept an Instruction in accordance with these Terms and Conditions.

(d) ZICB delay in acting or accepting an Instruction in accordance with these Terms and Conditions.

1.9 Account Information

Any balance for a nominated linked Account which you obtain through ZICB Internet Banking will be the current balance as at the time you make the enquiry.

When you obtain an account balance, the maximum amount which you can withdraw from the nominated linked Account will also be displayed. This maximum amount will generally reflect:

(a) Any credit limit on the Account.

(b) Any funds transferred using ZICB Internet Banking on that ZICB Business Day.

(c) Any regular credit.

(d) Any deposits or withdrawals made at a branch of ZICB on that ZICB Business Day.

You may also search and view all transactions conducted on your nominated linked Account(s) (up to the last 365 days) on ZICB Internet Banking. You may also download these transaction details from the results displayed to either Microsoft Excel or other spreadsheet programs.

1.10 Adding a Description to an Account

You may add a description of your choice to the Account(s) that the Account Holder has nominated to be linked on ZICB Internet Banking. Adding a description to an Account will change the description name of the Account as it appears on ZICB Internet Banking only for nominated linked Accounts linked to your User ID. It will not change the official records of ZICB or the description name of the Accounts of other users using other User IDs to access the nominated linked Account(s) on ZICB Internet Banking. Adding a description to an Account on ZICB Internet Banking is for your convenience only. ZICB will not be responsible or liable for receiving deposits in any Account on the basis that they are to be reserved or applied for any particular purpose simply because you have chosen to add a description to the Account for the purposes of ZICB Internet Banking only. All deposits, which are made to your Account(s) will be dealt with in the ordinary course of business.

1.11 Customizing your User ID

You may customize your User ID used to access ZICB Internet Banking, which must be a minimum of 9 and a maximum of 32 characters long. Customizing your User ID is for your convenience only, and will change the official User ID which ZICB first issued to you to enable ZICB to identify you when you access ZICB Internet Banking.

ZICB reserves the right to reject a customized User ID which may be deemed offensive or inappropriate.

1.12 Security Device Validity

Your Security Device (if required by ZICB) remains ZICB's property at all times. The Security Device must be activated in the manner specified by ZICB. The Account Holder must ensure that the Account Holder and its Authorized Users return the Security Device to ZICB immediately if requested by ZICB, including if the relevant Security Device is deregistered. If ZICB Internet Banking access is cancelled, or if ZICB cancels your right to use the Security Device, you must post the Security Device to your ZICB branch.

If your Security Device is lost or stolen, you may contact ZICB to obtain a "once-only" code as a substitute to the numbers generated by your Security Device, to enable you to log onto ZICB Internet Banking. This temporary code is only valid once-only to logon and use ZICB Internet Banking during the established session on ZICB Internet Banking.

To register to use a Security Device for logging onto ZICB Internet Banking, contact the ZICB Internet Banking Support Centre on the details set out at the end of this document.

1.13 Cancellation or Suspension of Password, User ID, Security Device, or Electronic Access

ZICB may cancel or suspend any Security Device, Password, User ID or electronic access:

(a) Without prior notice (unless prohibited by Law) if:

         ZICB suspects the Account Holder or Authorized Users of being fraudulent or engaging in inappropriate behavior.

         ZICB believes that use of the Account Holder or Authorized Users' Security Device, User ID or electronic access may cause loss to the Account Holder or to ZICB.

         The Account is an inactive Account.

         All the Accounts which the Security Device or User ID relates to have been closed.

         The Account has been overdrawn, or the Account Holder has exceeded its agreed credit limit with ZICB.

         ZICB's systems or equipment malfunction or are otherwise unavailable for use.

         ZICB believes that the security of the Account Holder or Authorized User's electronic access or ZICB's systems and equipment may have been compromised.

         the Password or Security Device Code has been entered incorrectly three (3) times.

         ZICB is required to do so by Law.

The Account Holder may cancel a Security Device at any time by contacting the ZICB Internet Banking Support Centre on the details set out at the end of this document.

The Security Device must then be immediately returned to ZICB by posting it your ZICB branch.

1.14 Password, User ID and Security Device Security

You must keep your Password and Security Device and Security Device Codes secure. Failure to do so may increase the Account Holder's liability for any loss.

You must:

         Not disclose your Password to any person.

         Not allow any person access to your Security Device or any Security Device Code.

         Not allow any other person to see you entering your Password or Security Device Code.

         Not record your Password on your Security Device or any article carried with or placed near Security Device that is liable to loss, theft or abuse at the same time as your Security Device.

         Destroy original printed copies which records your User ID.

         Not choose a Password that is easily identified with you for example your birth date, car registration, telephone number or your name.

         Not use the same Password for any other purpose other than ZICB Internet Banking.

You must comply with the security guidelines issued by ZICB (as amended from time to time) when you use ZICB Internet Banking.

ZICB encourages you to change your Password on a regular basis. To change your Password, you can either follow the instructions outlined in the "My Profile" function on ZICB Internet Banking Profile tab or contact the ZICB Internet Banking Support Centre on the details set out at the end of this document.

1.15 Unauthorized Transactions

Unless otherwise stated in the ZICB Internet Banking Specific Terms and Conditions, this clause 1.15 sets out the parties liability for unauthorized transactions conducted through ZICB Internet Banking.

1.15.1 When ZICB is Liable

ZICB will be liable for actual losses incurred by the Account Holder that:

(a) Are caused by the fraudulent or negligent conduct of ZICB's employees or agents.

(b) Related to faults that occur in the ZICB Internet Banking system, unless the faults are obvious or advised by message or notice on display.

(c) Arise from transactions that require the use of any Password or Security Device that occur before you have received or selected the Password or Security (including a reissued Password or Security Device).

(d) Result from an unauthorized transaction that occurs after you have notified ZICB that any Security Device has been misused, lost or stolen or that the security of your Password, Security Device or a Security Device Code has been breached.

(e) Result from the same transaction being incorrectly debited more than once to the same account.

(f) Result from an unauthorized transaction if it is clear that you have not contributed to the losses.

1.15.2 When the Account Holder is Liable

In addition to any liability set out in your Account terms and except as set out in these Terms and Conditions, the Account Holder is liable for any actual loss of funds or any interception of information through any unauthorized access to the Account Holder's Account(s) if the Account Holder or an Authorized User contributed to the unauthorized access:

(a) Through your fraud or negligence.

(b) By voluntarily disclosing a Password or Security Device Code to anyone, or by giving your Security Device to anyone including a family member or friend.

(c) By keeping a record of the Password or Security Device Code (without making any reasonable attempt to disguise it):

         On the Security Device or with the User ID.

         On any article carried with the Security Device or the User ID.  

         Or which may be lost or stolen at the same time as the Security Device or User ID.

(d) By not destroying original printed copies which records your User ID.

(e) By choosing a Password that is easily identified with you, such as your birth date, car registration, telephone number or your name.

(f) By using the same Password for other purposes, including ZICB Internet Banking.

(g) By otherwise acting with extreme carelessness in failing to protect the security of your Password, User ID, Security Device or a Security Device Code and failing to comply with ZICB's security guidelines.

If, after you become aware of the loss, theft or breach of the security or your Password, Security Device or Security Device Code, you unreasonably delay notifying ZICB, the Account Holder will be liable for the actual losses incurred between:

(a) The time you first became aware of any of the events described above, or in the case of loss or theft of a Security Device, should reasonably have become aware of the loss or theft.

(b) And the time ZICB is actually notified of the relevant event.

However, the Account Holder will not be liable for the actual loss:

(a) Incurred on any one day which is more than the applicable daily transaction limit (if any).

(b) Which exceeds the balance of the relevant Account(s), including any agreed credit limit.

(c) Where ZICB has agreed that the Account could not be accessed through ZICB Internet Banking.

(d) Or as a result of conduct that ZICB expressly Authorized you to engage in, or losses incurred as a result of you disclosing, recording or storing a Password or Security Device Code in a way that is required or recommended by ZICB for the purposes of you using an Account access service expressly or impliedly promoted, endorsed or Authorized by ZICB.

 

If it is not clear whether you have contributed to the loss caused by an unauthorized transaction and where a Password or Security Device Code was required to perform the unauthorized transaction, the Account Holder is liable for the least of:

(a) The actual loss at the time ZICB is notified of the loss, theft or unauthorized use of the Security Device or that the security of the Password or Security Device Code has been breached (but not any loss incurred on any one day if the amount is greater than the daily transaction limit (if any)).

(b) The balance of the Account, including any prearranged credit from which value was transferred in the unauthorized transaction.

1.16 Equipment Malfunction

ZICB does not represent or guarantee that access to ZICB Internet Banking will be uninterrupted. You acknowledge that ZICB Internet Banking may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors including, but not limited to, technical difficulties with the performance or operation of ZICB's or another person's software, equipment or systems, traffic or technical difficulties with the Internet, or infrastructure failures such as damaged phone lines or interference with digital signals.

ZICB is responsible to the Account Holder for any loss caused by the failure of ZICB's systems and equipment to complete a transaction accepted by ZICB's systems and equipment in accordance with your instructions. However, if you were aware or should have been aware that the ZICB's systems and equipment were unavailable for use or malfunctioning, ZICB's responsibility will be limited to correcting errors in the Account and refunding any charges or fees imposed as a result.

The Account Holder is responsible for the accuracy and completeness of the content that you enter into or upload to ZICB Internet Banking. ZICB is not responsible for any inaccuracy or incompleteness in the entering or uploading of information by you. ZICB's records of the information and data that was entered or uploaded will be determinative and final.

1.17 Security of ZICB Internet Banking

ZICB's Endeavors

ZICB will use such measures as it considers reasonable to help ensure the security of ZICB Internet Banking. ZICB, or its agents, employs a range of security measures, including firewalls and data encryption (128 bit Secure Sockets Layer (SSL) protocol helps provide a secure channel for your Internet transactions).

ZICB cannot guarantee that any data transmission over the Internet is totally secure.

By applying for and using ZICB Internet Banking, you consent to the use of the data provided to ZICB for the purpose of providing the ZICB Internet Banking service and you acknowledge that the data provided to ZICB may be encrypted, transmitted and stored by ZICB or its agents (in the jurisdiction in which you are domiciled or elsewhere unless this is prohibited by Law) and that, except as otherwise provided by law, ZICB shall have no liability in respect of such data.

Your responsibility for your PC

You are solely responsible for the personal computer anti-virus and security measures for all computers used by you, and those used by any Authorized User and Operator, to help prevent unauthorized access through ZICB Internet Banking to your transactions and nominated Account(s). You are responsible, at your own cost, for ensuring that all necessary connections, such as PC equipment and software, a secure telephone line, electricity and a secure Internet Service Provider, are available to enable you to access ZICB Internet Banking.

1.18 Money Laundering Prevention

By accepting these Terms and Conditions you agree ZICB may delay, block or refuse to process any transaction without incurring any liability if ZICB suspects that:

(a) The transaction may breach any Law of the country where your Account is opened and held with ZICB or any other country.

(b) The transaction may directly or indirectly involve the proceeds of, or be applied for the purposes of, unlawful conduct.

You must provide all information to ZICB which ZICB reasonably requires in order to manage money-laundering or terrorism-financing risk or to comply with any Law of the country where your Account is opened and held with ZICB or any other country and you agree that ZICB may disclose any information concerning you to:

(a) Any law enforcement, regulatory agency or court where required by any such Law of the country where your Account is opened and held with ZICB or elsewhere.

(b) Any correspondent ZICB uses to make the payment for the purposes of compliance with any such Law.

Unless you have disclosed that you are acting in a trustee capacity or on behalf of another person, you warrant that you are acting in your own capacity in agreeing to these terms.

You declare, agree and undertake to ZICB that the payment of monies by ZICB in accordance with your instructions will not breach any Law of the country where your Account is opened and held with ZICB or any other jurisdiction.

1.19 Termination and Suspension

Termination of Access by the Account Holder

The Account Holder may cancel the Account Holder's access to ZICB Internet Banking (or revoke the authority of an Authorized User to access the Account Holder's Account(s) using ZICB Internet Banking) at any time by giving a written notice to your ZICB branch or completing the relevant ZICB Internet Banking form for cancellation and submitting it to your ZICB branch.

Termination or Suspension of Access

ZICB may terminate your access to ZICB Internet Banking at any time by notifying you in writing (which may include notice given to you when you log on to use ZICB Internet Banking). ZICB may also withdraw or deny access to ZICB Internet Banking or any part of it without prior notice to you for reasons of security or quality of the ZICB Internet Banking service. ZICB will not do this without good reason which could include:

(a) ZICB suspecting you of being fraudulent or engaging in improper conduct.

(b) ZICB suspecting that a third party has fraudulently used, or attempted to use, ZICB Internet Banking with your User ID, Password, Security Device and/or Security Device Code.

c) if the Account Holder files, or a creditor of the Account Holder files against the Account Holder, an application for bankruptcy, winding up or corporate reorganization.

(d) Or as required by Law.

In the event that ZICB exercises its right contemplated in this clause, it shall not be responsible for any losses which the Account Holder may suffer or have suffered as a result.

1.20 Errors and Problem resolution

You must retain complete records of the completed Instructions conducted through ZICB Internet Banking, and maintain the accuracy and integrity of such records. ZICB will keep records conducted through ZICB Internet Banking as required by Law.

The Account Holder must check his/her Account records carefully and promptly. If the Account Holder believes that an error has occurred in any transaction or there has been an unauthorized transaction, the Account Holder must contact the ZICB Internet Banking Support Centre or visit the Account Holder's nearest ZICB branch promptly.

To assist ZICB's investigations, the Account Holder will need to give the following information:

         The Account Holder's name, address and Account details.

         Details of the transaction in question.

         The amount of the suspected error or disputed or unauthorized transaction.

         ZICB may also ask the Account Holder to supply further information.

If you tell ZICB about the suspected error or disputed transaction verbally, ZICB may request that the Account Holder send ZICB details of the complaint in question in writing. However this will not delay the commencement of ZICB's investigations, provided that you have been able to give the information listed above.

If ZICB is unable to resolve a problem immediately to your satisfaction, ZICB will provide the Account Holder with a written notice setting out the steps that will be followed by ZICB to investigate and resolve the dispute.

 

1.21 Fees and Charges

When you use ZICB Internet Banking to make particular transactions, ZICB may impose fees and charges. You agree to pay the fees and charges and also agree that ZICB may debit these fees and charges directly to your Funding Account or from the proceeds of the beneficiary account (where applicable). These fees and charges may be amended by ZICB from time to time. Full details of all current fees and charges are available at your nearest ZICB branch.

1.22 Variation of these Terms and Conditions, Fees and Charges

ZICB may amend these ZICB Internet Banking Terms and Conditions and the fees and charges applicable to ZICB Internet Banking, required by Law or otherwise.

ZICB may vary these Terms and Conditions and fees and charges applicable to ZICB Internet Banking at any time by giving you not less than 30 days notice of any change before it takes effect by:

         Direct communication with you (for example by notice on your account statement or via online Broadcast).

         Or notice displayed in any of ZICB branches or on ZICB's website.

         Advertisement in major daily or national newspapers.

You will be deemed to have received the notice immediately after any such display or advertisement.

Any continued use of ZICB Internet Banking after the end of the notice period is an acceptance of the variation.

1.23 Indemnity

To the extent permitted by Law, the Account Holder agree to indemnify ZICB against any loss or damage ZICB may suffer due to any claim, demand or action of any kind brought against ZICB arising directly or indirectly because the Account Holder and/or the Authorized Users, including Business Operators:

         Did not observe their obligations under these Terms and Conditions.

         Or acted negligently or fraudulently in connection with these Terms and Conditions.

1.24 Governing Law

These Terms and Conditions are governed by and shall be construed in accordance with the Law in force in the jurisdiction in which your Prime Account is opened and held with ZICB.

1.25 Privacy and Confidentiality Disclosure

When you deal with ZICB, ZICB is likely to collect and use some of your information, including details about your transactions, your financial conditions, your account relationship with ZICB and/or your Account(s) (herein collectively referred to as "Information"). An explanation on when and how ZICB may collect and use your Information is given below.

Collection of your Information by ZICB

ZICB may, to the extent permitted by Law, collect your Information:

         To assist in providing information about a product or service.

         To consider your request for a product or service.

         To enable ZICB to provide a product or service.

         To tell you about other products or services that may be of interest to you.

         To perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring, staff training and market or customer satisfaction research).

         To prevent or investigate any fraud or crime (or a suspected fraud or crime).

         And as required by relevant laws, regulations and external payment systems.

Absence of relevant Information

If you do not provide some or all of the information requested, ZICB may be unable to provide you with a product or service.

Disclosures by ZICB

Subject to ZICB's general duties of confidentiality towards ZICB's customers and to the extent permitted by Law, by applying for and/or continuing to use the ZICB Internet Banking service, you agree that ZICB may use and disclose your Information to:

         Any branch or agent of ZICB, including ZICB's head office and its branches, agents, representative offices, regional offices or affiliates, or any related corporation of ZICB anywhere in the world.

         Any office, branch, affiliate, subsidiary, employee or agent of an ZICB or to its auditors or legal advisers.

         Credit reporting or debit collecting agencies.

         Any outsourced provider, agents and contractors which ZICB engages to carry out or assist its banking functions and activities, including the ZICB Internet Banking service.

         Regulatory bodies, government agencies, law enforcement bodies and courts.

         Other parties ZICB is Authorized or required by Law to disclose Information to:

o    Other banks and financial institutions.

o    Your Authorized agents or your executor, administrator or legal representative.

         Any person where in ZICB's view, the disclosures is necessary or desirable for the purpose of allowing ZICB to perform its duties and exercise its powers and rights under these Terms and Conditions.

You further agree and acknowledge that any ZICB Group Member may, to the extent permitted by Law, transfer any of the above Information to any party to whom it is Authorized to disclose the same referred to above notwithstanding that such party's principal place of business is outside the jurisdiction in which you are domiciled or that such Information will be collected, held, processed or used by such party in whole or in part outside the jurisdiction in which you are domiciled.

Accessing your Information held by ZICB

To the extent permitted by Law, you may access and request correction of your Information at any time by asking to do so at your ZICB branch.

This clause 1.25 applies in addition to any Privacy Statement which ZICB may issue to you in the jurisdiction in which your Account is opened and held with ZICB at Account Opening or notified by ZICB from time to time.

1.26 Notices and Correspondences

Correspondences, notices or other documents related to ZICB Internet Banking which ZICB must inform you in writing, ZICB will post them at the mailing address of the Prime Account nominated by you. You will be deemed to receive such correspondence or notice on the second ZICB Business Day after posting.

1.27 Inconsistency

In the event of any inconsistency between the English language and any other language of this document, the English version shall prevail to the extent of the inconsistency.

1.28 Assignment

The Account Holder may not transfer and/or assign any or all or part of its rights, benefits and/or obligations under these Terms and Conditions or any document related thereto without the prior written approval of ZICB.

ZICB may at any time transfer and/or assign any or all or part of its rights, benefits and/or obligations under these Terms and Conditions or any document related thereto to a locally incorporated subsidiary of ZICB in the jurisdiction in which ZICB operates or any of its affiliates without your consent. To facilitate such transfer and/or assignment, ZICB is authorized to disclose any relevant information to such subsidiary or affiliate and you agree to take such actions and sign such documents as ZICB may reasonably require to complete any approval, filing or registration formalities which are necessary for such transfer and/or assignment.