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NBV EB Conditions of Use

1. Introduction

  1. These Terms and Conditions apply to NBV Electronic Banking Services as at 1 August 2012.
  2. NBV Electronic Banking Services is a range of banking services accessed by an electronic terminal, a computer or mobile device.
  3. These Terms and Conditions operate in conjunction with the terms and conditions applicable to account(s) which you may access using the Electronic Banking Service and set out your rights and obligations in the use of this Electronic Banking Service. Your use of NBV's Electronic Banking Services constitutes agreement to these Terms and Conditions and any modifications thereof and will be taken as confirmation that you have read, understood and accepted these Terms and Conditions and that you are legally bound by them.
  4. These Terms and Conditions supersede all other NBV produced Terms and Conditions relating to any Electronic Banking Service product prior to the date described in Clause 1.1 above except if a product has its own specific Terms and Conditions.
  5. NBV reserves the right to vary or modify these Terms & Conditions without notice. Subsequent use of NBV's Electronic Banking Services will be taken as confirmation that you have read, understood and accepted these modifications.
  6. Please read these Terms and Conditions carefully before you use NBV's Electronic Banking Services. If you do not understand any part of them, or if you have any questions, please speak with NBV staff at any branch or call NBV's Helpdesk on 22201 during business hours.

2. Defined Terms

Term

Definition

Account or Nominated Account

means any account you have with NBV that you have nominated and which NBV has agreed is accessible by the Electronic Banking Service. There may be a limit on the number of accounts which can be accessible.

Account Balance

means in relation to an account at any time the balance of the account incorporating the most up-to-date information available to the service at that time. The account balance may not include all transactions that have occurred prior to that time and may not always represent the amount of funds that are actually available for withdrawal at that time.

Account Holder

means a person who has an account in their own name or, if in joint names, in respect of which NBV may act on the instructions of any one or more of them.

Account Signatory

means the person or persons who are authorised to operate on an account under the relevant account signature mandate.

ATM

means an automated teller machine (IsiBank) and is an approved electronic device capable of automatically dispensing Cash. Other transactions such as funds transfers, deposits and balance enquiries may also be supported.

Available Balance

means the amount of funds available in the account which may be accessed for use pursuant to these Terms and Conditions. It includes any unused overdraft or other agreed credit facility but does not include any uncleared deposits or value held against the balance or interest accrued but not credited or deposits in transit.

Bank

means the National Bank of Vanuatu

Business Day

means any day that NBV is open for business but does not include a day gazetted as a public holiday.

Cut Off Time

means the time, as advised to you from time to time by NBV, by which your payment instructions must be received by us in order for these instructions to be processed that day or to allow for transmission to an external party or other financial institution.

Digicel Money Wallet

means your electronic account within the Digicel mobile telephone system which allows you to transfer funds to/from other Digicel Money Wallet holders.

EFTPOS

means an Electronic Funds Transfer at Point of Sale (IsiPOS) system or device installed in selected retail and service outlets.

Electronic Banking Services

means collectively IsiNet, IsiMani, IsiMS, IsiBank, and IsiPOS services provided to you. This term is used interchangeably with “Service”

Electronic Terminal

includes, but is not limited to a computer, mobile device, telephone, ATM or EFTPOS terminal.

External Transfer

means a monetary transaction made using the Service to an account that is not one of your nominated account(s) at NBV or to an account held with another financial institution.

FAQs

means the list of Frequently Asked Questions set out on NBV's Website.

Helpdesk

means the NBV Helpdesk support team which can be contacted on 22201 during business hours.

Instruction

means a request or instruction to NBV which is effected with the Electronic Banking Service by use of a PIN or Password(s) and a User Name.

IsiBank

means NBV's automated teller machines located around Vanuatu.

IsiKad

means your debit card that is linked to your nominated account(s) and can be used at any ATM or EFTPOS.

IsiMani

means the service which enables the transfer of funds to/from your nominated account(s) to your Digicel Money Wallet.

IsiMS

means the service which enables the electronic receipt and transmission of information about your account(s) using your mobile device.

IsiNet

means an Internet based service that provides access to NBV Banking Services for customers via www.nbv.vu

IsiPOS

Means NBV's EFTPOS system

Linked Account

means your Account(s) which you link to a card or one of NBV's Electronic Banking Services.

Merchant

means a retailer or any other provider of goods or services that provides EFTPOS services.

Mobile Device

is a device that you have registered for use in connection with IsiMS and IsiMani and communicates with NBV and may connect to IsiNet.  This term is used interchangeably with “Mobile Phone”.

Monetary transactions

refers to transfer of funds to/from your nominated account(s) or third parties which are linked to the Electronic Banking Service.

NBV or Bank or Us or We or Our

means the National Bank of Vanuatu

Non-Monetary Transactions

Means activity on your account(s), eg view Account Balances, view Transaction History, download transaction history and add, modify or delete transfer details.

Password

means a combination of alpha-numeric characters and may includes symbols chosen by you from time to time which are not known by the bank. It is used to access to access NBV Electronic Banking Services.

Payment

means monetary transactions from your account with NBV to an account of a person other than yourself.

PIN

means the Personal Identification Number allocated by NBV or personally selected by you for accessing banking services with your IsiKad, or any other card or service issued by NBV.

SMS

means the Short Message Service, which enables you to send and receive short text messages through mobile devices and other SMS enabled devices.

Terms & Conditions

means these terms and conditions as amended from time to time by NBV.

Transfer

means the transfer of funds between accounts or to make a payment to an account that is not one of your nominated accounts at NBV or is an account held with another financial institution

Unauthorised Transaction

means any transaction made without your knowledge or consent. It does not include transactions carried out by you, or by anyone performing a transaction with your knowledge and consent other than those transactions where the value of the transaction or details of the transaction entered in the nominated account differs from the intended transaction due to technical malfunction.

User Name

means the unique name selected by you when applying for IsiNet. It can be your name or a representation of your name or something completely different. It is used in conjunction with a password and factor two password to allow you access to IsiNet.

Website

means NBV's website accessible at www.nbv.vu.

You

means the person who has accepted these Terms and Conditions, has an account in his or her own name or in joint names, liable for the use of the account jointly or severally, and on whose instructions NBV may act.

Your

has a corresponding meaning as “You”.

3. NBV Electronic Banking Services

  1. IsiMS

    IsiMS uses your mobile device to conduct non monetary transactions via SMS. Specific transaction notifications can be sent automatically to your mobile phone and you can also request and receive Account Balances and mini statements for your Nominated Accounts.

      1. Eligibility

    You can register for IsiMS provided:

        1. you are 16 years of age or older (unless approval is obtained from your parent or legal guardian).
        2. you have an account with NBV.
        3. have an eligible mobile device capable of SMS messaging and which is for your own exclusive use
        4. you are authorised to use and incur charges on a mobile device in relation to IsiMS
      1. Accounts
        1. You can request and receive information on most accounts where you are the account owner. Some types of accounts may not be able to be accessed. There may be a limit to the number of accounts that can be accessed. The Bank will inform you when registering.
        2. Accounts which are designed primarily for business or established primarily for business purposes cannot be accessed using IsiMS.
        3. You cannot do monetary transactions using IsiMS
        4. It is your responsibility to register new eligible accounts if you wish to access them using IsiMS. You can register new accounts at any NBV branch or by calling the Help Desk on 22201
      2. Mobile Devices
        1. Not all mobile devices may be capable of accessing and using IsiMS. You are responsible for using, having or obtaining a compatible mobile device in connection with any use of IsiMS. NBV is not responsible for any inability of a mobile device to access IsiMS or any loss or damage to a mobile device resulting from your access or use or attempted use of IsiMS.
        2. Any conditions of use and charges relating to a mobile device are your responsibility. You must notify your mobile device and/or mobile service provider if the mobile device is lost or stolen.
        3. If you believe your mobile device is lost, stolen or damaged please refer to 3.1.5. “Your Responsibilities” for the action to take to limit your liability.
      3. Access to IsiMS
        1. You may request to register for IsiMS:
          1. at any NBV branch
          2. by other methods made available by NBV from time to time. NBV will make this information available to callers using the HelpDesk, at NBV's Website or via IsiMS.
        2. If you travel outside of Vanuatu you may still have access to IsiMS. You should check with your mobile service provider that the mobile device will be able to use the SMS network in those countries in which you are travelling and that you can retain the mobile phone number registered for IsiMS.
        3. During registration you will be asked for the phone number of your mobile device which is capable of SMS messaging and which is for your own exclusive use.
        4. You may use IsiMS in accordance with these terms and conditions unless your use of the service is cancelled or suspended under these terms and conditions.
        5. Access to IsiMS will be denied if your mobile device number expires or is otherwise cancelled or suspended or may be denied by NBV if any instruction, including any comment, message or note provided in connection with any instruction is made in language NBV considers to be inappropriate.
      4. Your Responsibilities
        1. You must notify NBV if your mobile device used to access and use IsiMS is lost, stolen, fraudulently accessed or the mobile phone number of the mobile device has changed
        2. You should check your account records carefully and promptly notify NBV of any apparent discrepancy by calling the HelpDesk or visit a NBV Branch.
        3. You must ensure you:
          1. lock your mobile device or take other measures to stop unauthorised use of IsiMS;
          2. do not provide your mobile device to any other person;
          3. delete SMS messages you have sent to or received from NBV.
      5. Security of IsiMS
        1. NBV takes vigorous security measures to protect customers' data. NBV will endeavour to provide a secure system within which you can retrieve account information. Instructions and other messages including SMS messages are not encrypted as they do not contain sufficient information to enable a person to access your accounts.
        2. You are responsible for taking reasonable and appropriate security measures in relation to your own mobile device. NBV has no control over who can access the information supplied by NBV to your mobile device using IsiMS after the information has been delivered to you. Information is deemed to have been delivered to you only at the time when the communication was sent by NBV.
        3. You should ensure you restrict access to the information sent to your mobile device and delete any SMS messages you have sent to and received from NBV.
        4. No password or other secure access code is issued in connection with IsiMS.
        5. Only instructions or messages which NBV is able to confirm have been sent from your mobile device will be replied to by NBV.

    You should read 13. "Security of NBV Electronic Banking" and 11. "Liability for Unauthorised Transactions" and 12. "Other Liability".

    1. Fees and Charges
      1. You must pay NBV's standard fees and charges relating to IsiMS in accordance with 3.1.7.
      2. When you use IsiMS:
        1. to request information, NBV may debit the account to which the enquiry relates or any other nominated account with the standard fee and/or charge relating to the request;
      3. If you incur fees and charges in connection with your account and you subsequently request a change to the details of the account (for example, you request NBV to transfer to another personal account or to close your account and to open another account or otherwise), NBV may debit any such fees and charges to the new account.
      4. The amount and nature of the standard fees and charges relating to IsiMS including the use of the service by you can be found on the NBV Website. These fees and charges are subject to change.
      5. You may also incur charges from your mobile service provider including charges for sending or receiving SMS messages. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider.
      6. If the fees and charges for IsiMS cause the relevant account to become overdrawn NBV may require you to pay the fees in any other manner NBV determines.
      7. If you close your account, NBV will select another account to which fees and charges relating to IsiMS may be debited. If NBV determines there is no satisfactory account, NBV may immediately cancel the availability of IsiMS to you until such time as you open an account which is satisfactory to NBV or you pay NBV the fees in some other manner acceptable to NBV.
      8. NBV may at its discretion waive any fee or charge to your account to which it is entitled. The failure by NBV to collect any fee or charge which applies to your account does not give rise to a waiver of that fee or charge in the future.
    2. Cancellation & Suspension
      1. In addition to any other right to suspend or cancel access to IsiMS described in these terms and conditions, NBV can suspend or cancel access to IsiMS without giving you notice and without being responsible for any loss which you may suffer as a result.
      2. You may end the use of IsiMS at any time by giving notice to NBV by visiting an NBV branch.
      3. If you do not use IsiMS for 12 months NBV may end it without notice to you.
    3. Liability for Losses
      1. This section sets out important rules which govern the account holder's liability for unauthorised transactions through IsiMS. The liability set out below overrides any other sections to the extent of any conflict or inconsistency for all transfers on the account.
      2. You should read 11. “Liability for Unauthorised Transactions” and 12. “Other Liability”.
      3. You are liable for all losses if you have acted fraudulently, either alone or together with any other person.
      4. Subject to 3.1.9.3, where it is clear that you have contributed to any losses because you have failed to comply with 3.1.5.2 and 3.1.5.3 “Your responsibilities”, or the user has unreasonably delayed notifying NBV under 3.1.5 “Your responsibilities”, then you may be liable for any losses except for that portion of the total losses incurred that exceeds the balance of your account.
      5. You acknowledge that any mobile phone number that you have authorised to be linked to your IsiMS service will have full access to all functions and features of the service.
  2. IsiNet Personal & Business
  3. An internet based service that provides access to NBV Banking Services via the NBV website www.nbv.vu. NBV has additional Terms & Conditions for the use of these services which must be read at the time of applying for the services.

  4. IsiKad
  5. How to use your IsiKad.
    1. NBV will allocate a PIN to you when you are first issued with a IsiKad. You may:
      • access your funds in your Linked Account(s) to purchase goods and services, or obtain cash at locations throughout the country using the services of NBV and other banks with interchange facilities with NBV.
      • obtain cash at ATMs displaying the NBV sign.
      • access the EFTPOS system at any store or business that displays the NBV sign.
      • if the record of the PIN is lost or stolen, NBV may issue you with a new PIN and if necessary, a replacement IsiKad. You may be charged a fee to cover the cost of issuing the replacement IsiKad.
    2. The card can only be used to perform transactions on your Linked Account/s.
    3. If a Linked Account is in the name of more than one person, then each party to that account will be jointly and severally liable for all transactions on that account.
    4. We will advise from time to time:
      • what transactions can be performed using the IsiKad
      • what ATMs and EFTPOS terminals of other financial institutions may be used.
    5. Transactions may not necessarily be processed to your Linked Account/s on the same day.
    6. You will continue to be liable to NBV for the value of any transactions occurring after your Linked Account/s are closed or your IsiKad is cancelled.
  6. IsiBank (ATM)
  7. NBV's ATMs located around Vanuatu allow you to perform the following transactions using an IsiKad:
    • cash withdrawals.
    • transfer funds between Linked Accounts.
    • check account balance(s).
    • obtain a top-up voucher

    You may find that not all these transactions are provided at non-NBV ATMs as they may impose their own restrictions and charge their own fees.

      1. Eligibility

    You can use IsiBank provided:

      1. you are 16 years of age or older (unless approval is obtained from your parent or legal guardian).
      2. you have a personal account with NBV and a valid IsiKad.
    1. Accounts
      1. IsiBank allows you to transact on most accounts where you are the account owner. Some types of accounts may not be able to be accessed. There may be a limit to the number of accounts that can be accessed. The Bank will inform you when registering.
      2. Accounts in the name of companies cannot be accessed using IsiBank.
      3. it is your responsibility to register new eligible accounts if you wish to access them using IsiBank. You can register new accounts at any NBV branch.
    2. Access to IsiBank
      1. You may apply for an IsiKad:
        1. at any NBV branch
        2. by other methods made available by NBV from time to time. NBV will make this information available to callers using the HelpDesk, at NBV's Website or via IsiMS.
      2. You may use IsiBank in accordance with these terms and conditions unless your use of the service is cancelled or suspended under these terms and conditions.
    3. Your Responsibilities
      1. When withdrawing cash from an ATM, you should immediately check that the correct sum has been delivered. If there is a discrepancy between the amount of cash delivered by an ATM, and the amount shown on the receipt, report the facts as soon as possible to NBV
      2. You should check your account records carefully and promptly notify NBV of any apparent discrepancy by calling the HelpDesk or visit a NBV Branch.
      3. You must ensure you do not provide your IsiKad and PIN to any other person
    4. Security of IsiBank
      1. NBV takes vigorous security measures to protect customers' data. NBV will endeavour to provide a secure system within which you can retrieve account information and withdraw cash
      2. You are responsible for taking reasonable and appropriate security measures in relation to your IsiKad. You should read 13. “Security of NBV Electronic Banking” and 11. “Liability for Unauthorised Transactions” and 12. “Other Liability”.
    5. Fees and Charges
      1. You must pay NBV's standard fees and charges relating to IsiBank in accordance with 3.4.6.
      2. If you incur fees and charges in connection with your account and you subsequently request a change to the details of the account (for example, you request NBV to transfer to another personal account or to close your account and to open another account or otherwise), NBV may debit any such fees and charges to the new account.
      3. The amount and nature of the standard fees and charges relating to IsiBank including the use of the service by you can be found on the NBV Website. These fees and charges are subject to change.
      4. If the fees and charges for IsiBank cause the relevant account to become overdrawn NBV may require you to pay the fees in any other manner NBV determines.
      5. NBV may at its discretion waive any fee or charge to your account to which it is entitled. The failure by NBV to collect any fee or charge which applies to your account does not give rise to a waiver of that fee or charge in the future.
      6. A separate fee will generally be debited to the account being accessed when performing a balance enquiry or withdrawal at a non-NBV ATM
    6. Cancellation & Suspension
      1. In addition to any other right to suspend or cancel access to IsiBank described in these terms and conditions, NBV can suspend or cancel access to IsiBank without giving you notice and without being responsible for any loss which you may suffer as a result.
      2. You may end the use of IsiBank at any time by giving notice to NBV by visiting an NBV branch.
      3. If you do not use IsiBank for 12 months NBV may end it without notice to you.
      4. Your access to IsiBank will cease when your IsiKad expires. You will have to visit an NBV branch to replace the expired IsiKad.
    7. Liability for Losses
      1. This section sets out important rules which govern the account holder's liability for unauthorised transactions through ATMs. The liability set out below overrides any other sections to the extent of any conflict or inconsistency for all transactions on an account.
      2. You should read 11. “Liability for Unauthorised Transactions” and 12. “Other Liability”.
      3. You are liable for all losses if you have acted fraudulently, either alone or together with any other person.
      4. Subject to 3.4.8.3, where it is clear that you have contributed to any losses because you have failed to comply with 3.4.4.1 and 3.4.4.3 “Your responsibilities”, or the user has unreasonably delayed notifying NBV under 3.4.4.2 “Your responsibilities”, then you may be liable for any losses except for that portion of the total losses incurred that exceeds the balance of your account.
  8. EFTPOS (IsiPOS)
  9. The EFTPOS system allows you to purchase goods and services using your IsiKad. The amount of the purchase is debited directly to your nominated Account. Your use of EFTPOS at individual stores and businesses is subject to purchase and cash withdrawal limits that may be set by them.

      1. Eligibility

    You can use EFTPOS provided:

      1. you are 16 years of age or older (unless approval is obtained from your parent or legal guardian).
      2. you have a personal account with NBV and a valid IsiKad.
    1. Accounts
      1. EFTPOS allows you to transact on accounts where you are the account owner. Some types of accounts may not be able to be accessed. There may be a limit to the number of accounts that can be accessed. The Bank will inform you when registering.
      2. Accounts in the name of companies cannot be accessed using EFTPOS.
      3. It is your responsibility to register new eligible accounts if you wish to access them using EFTPOS. You can register new accounts at any NBV branch.
    2. Access to EFTPOS
      1. You may use the POS devices in any of the NBV branches or at Merchants displaying the IsiKad sign.
      2. You can use EFTPOS at any Merchant whose bank conducts EFTPOS/ATM interchange with NBV.
      3. You may find that not all locations where IsiKads are accepted (NBV and non-NBV EFTPOS machines) will provide the option for cash back with your purchase. NBV accepts no responsibility for such restrictions or any fees that may be charged
      4. You may use EFTPOS in accordance with these terms and conditions unless your use of the service is cancelled or suspended under these terms and conditions.
    3. Your Responsibilities
      1. When getting cash back from an EFTPOS device, you should immediately check that the correct sum has been delivered. If there is a discrepancy between the amount of cash tendered by the Merchant and the amount shown on the receipt, take the matter up with the Merchant and then report the facts as soon as possible to NBV if the matter is not resolved.
      2. You should check your account records carefully and promptly notify NBV of any apparent discrepancy by calling the HelpDesk or visit a NBV Branch.
      3. You must ensure you do not provide your IsiKad and PIN to any other person
    4. Security of IsiBank
      1. NBV takes vigorous security measures to protect customers' data. NBV will endeavour to provide a secure system within which you can retrieve account information and withdraw cash
      2. You are responsible for taking reasonable and appropriate security measures in relation to your IsiKad. You should read 13. “Security of NBV Electronic Banking” and 11. “Liability for Unauthorised Transactions” and 12. “Other Liability”.
    5. Fees and Charges
      1. You must pay NBV's standard fees and charges relating to IsiBank in accordance with 3.5.6.
      2. If you incur fees and charges in connection with your account and you subsequently request a change to the details of the account (for example, you request NBV to transfer to another personal account or to close your account and to open another account or otherwise), NBV may debit any such fees and charges to the new account.
      3. The amount and nature of the standard fees and charges relating to EFTPOS including the use of the service by you can be found on the NBV Website. These fees and charges are subject to change.
      4. If the fees and charges for EFTPOS cause the relevant account to become overdrawn NBV may require you to pay the fees in any other manner NBV determines.
      5. NBV may at its discretion waive any fee or charge to your account to which it is entitled. The failure by NBV to collect any fee or charge which applies to your account does not give rise to a waiver of that fee or charge in the future.
      6. You may find where IsiKads are accepted at non-NBV EFTPOS devices provided by other financial institutions, they may impose their own fees and restrictions. NBV accepts no responsibility for such fees and restrictions
    6. Cancellation & Suspension
      1. In addition to any other right to suspend or cancel access to IsiBank described in these terms and conditions, NBV can suspend or cancel access to EFTPOS without giving you notice and without being responsible for any loss which you may suffer as a result.
      2. You may end the use of EFTPOS at any time by giving notice to NBV by visiting an NBV branch.
      3. If you do not use EFTPOS for 12 months NBV may end it without notice to you.
      4. Your access to EFTPOS will cease when your IsiKad expires. You will have to visit an NBV branch to replace the expired IsiKad.
    7. Liability for Losses
      1. This section sets out important rules which govern the account holder's liability for unauthorised transactions through EFTPOS. The liability set out below overrides any other sections to the extent of any conflict or inconsistency for all transactions on an account.
      2. You should read 11. “Liability for Unauthorised Transactions” and 12. “Other Liability”.
      3. You are liable for all losses if you have acted fraudulently, either alone or together with any other person.
      4. Subject to 3.5.8.3, where it is clear that you have contributed to any losses because you have failed to comply with 3.5.4.1 and 3.5.4.3 “Your responsibilities”, or the user has unreasonably delayed notifying NBV under 3.5.4.2 “Your responsibilities”, then you may be liable for any losses except for that portion of the total losses incurred that exceeds the balance of your account.
  10. IsiMani
  11. IsiMani is an NBV service that connects your Account with your Digicel Money Wallet. You can transfer funds, up to the Available Balance, from your nominated NBV account to your Digicel Money Wallet or transfer funds in your Digicel Money Wallet to your nominated NBV Account.
      1. Eligibility

    You can register with NBV for IsiMani provided:

      1. you are 16 years of age or older (unless approval is obtained from your parent or legal guardian).
      2. you have an account with NBV.
      3. you have an eligible mobile device capable of SMS messaging and which is for your own exclusive use
      4. you have a Digicel Money Wallet account
      5. you are authorised to use and incur charges on a mobile device in relation to IsiMani and Digicel Money Wallet
    1. Accounts
      1. You can transfer and receive funds to and from your Digicel Money Wallet to a single NBV Account. The NBV Account is linked to the Digicel phone number.
    2. Mobile Devices
      1. Not all mobile devices may be capable of accessing and using IsiMani. You are responsible for using, having or obtaining a compatible mobile device in connection with any use of IsiMani. NBV is not responsible for any inability of a mobile device to access IsiMani or any loss or damage to a mobile device resulting from your access or use or attempted use of IsiMani.
      2. Any conditions of use and charges relating to a mobile device are your responsibility. You must notify your mobile device and/or mobile service provider if the mobile device is lost or stolen.
      3. If you believe your mobile device is lost, stolen or damaged please refer to 3.6.5. “Your Responsibilities” for the action to take to limit your liability.
    3. Access to IsiMani
      1. You may request to register for IsiMani:
        1. at any NBV branch
        2. by other methods made available by NBV from time to time. NBV will make this information available to callers using the HelpDesk, at NBV's Website or via IsiMS.
      2. If you travel outside of Vanuatu you may still have access to IsiMani. You should check with your mobile service provider that the mobile device will be able to use the SMS network in those countries in which you are travelling and that you can retain the mobile phone number registered for IsiMani.
      3. During registration you will be asked for the phone number of your mobile device which is capable of SMS messaging and which is for your own exclusive use.
      4. You may use IsiMani in accordance with these terms and conditions unless your use of the service is cancelled or suspended under these terms and conditions.
      5. Access to IsiMani will be denied if your mobile device number expires or is otherwise cancelled or suspended or may be denied by NBV if any instruction, including any comment, message or note provided in connection with any instruction is made in language NBV considers to be inappropriate.
    4. Your Responsibilities
      1. You must notify NBV and the mobile device service provider if your mobile device used to access and use IsiMani is lost, stolen, fraudulently accessed or the mobile phone number of the mobile device has changed
      2. You should check your account records carefully and promptly notify NBV of any apparent discrepancy by calling the HelpDesk or visit a NBV Branch.
      3. You must ensure you:
        1. lock your mobile device or take other measures to stop unauthorised use of IsiMani;
        2. do not provide your mobile device to any other person;
        3. delete SMS messages you have sent to or received.
    5. Security of IsiMani
      1. NBV takes vigorous security measures to protect customers' data. NBV will endeavour to provide a secure system within which you can transfer funds to and from Digicel Money Wallet. Transfer instructions between Digicel and NBV are not encrypted.
      2. You are responsible for taking reasonable and appropriate security measures in relation to your own mobile device. NBV has no control over who can access the information supplied by NBV to your mobile device after the information has been delivered to you. Information is deemed to have been delivered to you at the time when the communication was sent by NBV.
      3. You should ensure you restrict access to the information sent from your mobile device and delete any SMS messages you have sent to and received from NBV.
      4. No NBV password or other secure access code is issued in connection with IsiMani. You acknowledge that all transfers between NBV and Digicel are authorised using the Digicel password.
      5. Digicel asserts that all transactions between your phone and its Digicel Money Wallet system are encrypted
      6. You acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. Digicel cannot, and does not, warrant that data transfers to or from Digicel Mobile Wallet, or information transmitted to and from You, will not be monitored or read by others.
      You should read 13. “Security of NBV Electronic Banking” and 11. “Liability for Unauthorised Transactions” and 12. “Other Liability”.
    6. Fees and Charges
      1. You must pay NBV's standard fees and charges relating to IsiMani in accordance with 3.6.7.
      2. When you use IsiMani to request a transfer of funds, NBV may debit the nominated account or any other related account with the standard fee and charge relating to the request;
      3. If you incur fees and charges in connection with your account and you subsequently request a change to the details of the account (for example, you request NBV to transfer to another personal account or to close your account and to open another account or otherwise), NBV may debit any such fees and charges to the new account.
      4. The amount and nature of the standard fees and charges relating to IsiMani including the use of the service by you can be found on the NBV Website. These fees and charges are subject to change.
      5. You may also incur charges from your mobile service provider including charges for sending or receiving IsiMani transfers. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your mobile service provider.
      6. If the fees and charges for IsiMani cause the relevant account to become overdrawn NBV may require you to pay the fees in any other manner NBV determines.
      7. If you close your account, NBV will select another account to which fees and charges relating to IsiMani may be debited. If NBV determines there is no satisfactory account, NBV may immediately cancel the availability of IsiMani to you until such time as you open an account which is satisfactory to NBV or you pay NBV the fees in some other manner acceptable to NBV.
      8. NBV may at its discretion waive any fee or charge to your account to which it is entitled. The failure by NBV to collect any fee or charge which applies to your account does not give rise to a waiver of that fee or charge in the future.
    7. Cancellation & Suspension
      1. In addition to any other right to suspend or cancel access to IsiMani described in these terms and conditions, NBV can suspend or cancel access to IsiMani without giving you notice and without being responsible for any loss which you may suffer as a result.
      2. You may end the use of IsiMani at any time by giving notice to NBV by visiting an NBV branch.
      3. If you do not use IsiMani for 12 months NBV may end it without notice to you.
    8. Liability for Losses
      1. This section sets out important rules which govern the account holder's liability for unauthorised transactions through IsiMani. The liability set out below overrides any other sections to the extent of any conflict or inconsistency for all transfers on the account.
      2. You should read 11. “Liability for Unauthorised Transactions” and 12. “Other Liability”.
      3. You are liable for all losses if you have acted fraudulently, either alone or together with any other person.
      4. Subject to 3.6.9.3, where it is clear that you have contributed to any losses because you have failed to comply with 3.6.5.1 and 3.6.5.3 “Your responsibilities”, or the user has unreasonably delayed notifying NBV under 3.6.5.2 “Your responsibilities”, then you may be liable for any losses except for that portion of the total losses incurred that exceeds the balance of your account.
      5. You acknowledge that any mobile phone number that you have authorised to be linked to your IsiMani service will have full access to all functions and features of the service.

4. Access to NBV Electronic Banking Services

  1. You may use NBV's Electronic Banking Service in accordance with these terms and conditions unless your use is suspended or cancelled under these terms and conditions.
  2. NBV may at any time add to, remove, change or impose restrictions on the functionality of its Electronic Banking Services.
  3. Access to NBV Electronic Banking Services will be denied if you enter an incorrect password on 3 consecutive occasions.
  4. Access may be denied if any instruction given using the service is in language considered inappropriate to NBV
  5. Any person who supplies NBV with your IsiKad and PIN or your Mobile Device number and Digicel PIN may be allowed access to the Electronic Banking Service and your account(s).
  6. NBV need not act on an Instruction immediately, and may delay acting on an Instruction, or may ask for more information before acting on an Instruction.
  7. You may not stop payment on electronic funds transfers, so, you should not use electronic access for purchases or services unless you are satisfied that you will not need to stop payment.
  8. NBV may specify limits on transaction types and values in respect of certain Accounts of the Electronic Banking Service and may refuse to act on an Instruction if the transaction exceeds a particular limit. These may include:
    • IsiBank cash withdrawals and purchases
    • IsiPOS purchases
    • IsiMani transfers to/from your Digicel Money Wallet
    • transfers between accounts
    • external transfers
    • transactions performed at Branches and Agencies
  9. Limits may be varied at NBV's absolute discretion.
  10. You acknowledge that third party organisations including merchants and other financial institutions both in Vanuatu and overseas may impose additional restrictions on the amount of funds that may be withdrawn, paid or transferred.
  11. NBV will advise you if we make a change to the limit for External Transfers or introduce new transaction limits for any of the Electronic Banking Services.
  12. NBV will not act on an Instruction to the extent that it would result in you withdrawing more than the credit balance of an account or withdrawing against uncleared funds.
  13. Where NBV receives Instructions for more than one payment from an account NBV will determine the order of priority in which the payments are made.

5. Processing Monetary Value Transactions

  1. When you make a monetary transaction by using the Electronic Banking Service a receipt number will be issued to you upon NBV receiving an Instruction for Funds Transfer . It is your responsibility to retain this receipt number together with any other details.
  2. An Instruction will be processed by NBV when there are funds in the Available Balance. An Instruction will not be processed if there are insufficient funds in your account(s).
  3. If a monetary transaction or any fees associated with it on your account overdraws your account, it will be your responsibility to repay this amount plus any associated fees and interest that may apply.

6. External Transfers

    1. External transfer functionality can be used to make a payment to an account, which is not one of your nominated accounts at NBV or is an account held by another NBV customer or with another financial institution.
    2. When you tell us to make an external transfer:
      • for recipients who are customers of NBV you must tell us their NBV Account number, account name, a reference or description for the transfer, the amount to be paid and the account from which the amount is to be paid.
      • for recipients who are customers of other financial institutions, you must tell us the financial institution's BSB Number (if applicable), the Account number at the other financial institution, account name, a reference or description for the transfer, the amount to be paid and the account from which the amount is to be paid.
    3. You acknowledge that NBV is not required to effect the transfer if you do not give us all the required information or if any of the information you give us is inaccurate.
    4. We will debit the value of each transfer and any applicable fees to the account.
    5. A transfer instruction to NBV by you constitutes a valid and irrevocable authority to NBV to follow that instruction and that NBV is not obliged to make any further enquiry. Except for future-dated transfers (refer to 7.13.4), you cannot stop a transfer once you have instructed NBV to make it and we cannot reverse it once the payment has been made.
    6. We will treat your transfer instruction as valid if, when you give it to us, you use the correct Password.
    7. You should notify us immediately if you think that you have made a mistake when making a transfer or if you did not authorise a transfer that has been made from your account.
    8. A transfer is treated as received by the recipient:
      • on the day after you direct us to make it, if NBV receives your direction by the Cut Off Time on a Banking Day; or
      • otherwise, on the next Banking Day after you direct us to make it. The transfer may take longer to be credited to a recipient if you tell us to make it on a Saturday, Sunday or a public holiday or if the other financial institution does not process a transfer as soon as they receive its details.
    9. Notwithstanding this, a delay may occur when processing a transfer if:
      • there is a public holiday on the day after you instruct us to make the transfer;
      • you tell us to make a transfer on a day which is not a Banking Day or after the Cut Off Time on a Banking Day; or
      • another financial institution does not comply with its obligations.
    10. If NBV is advised that your transfer cannot be processed by the other financial institution, we will:
      • advise you of this where practicable;
      • credit your account with the amount of the transfer once it has been returned from the other financial institution;
      • take all reasonable steps to assist you in making the transfer as quickly as possible.
    11. You must be careful to ensure you tell us the correct amount you wish to transfer. If you make a transfer and later discover that:
      • the amount you paid was greater than the amount you needed to transfer, you must contact the external party to obtain a refund of the excess; or
      • the amount you paid was less than the amount you needed to transfer, you will need to make another transfer for the difference between the amount you actually paid and the amount you needed to transfer.
    12. You must be careful to ensure you tell us the correct information when making a transfer. You acknowledge that NBV is not liable to you or any other person for any loss or damage which you or any other person may suffer as a result of transfers you make where the transfer information you provide is incorrect and funds are processed to another recipient. If you make a transfer and later discover that the information you provided is incorrect, we will endeavour to recover the funds on your behalf. If we are unable to recover the funds, it will be your responsibility to take any necessary action to recover the funds from the recipient.
    13. You acknowledge and agree that:
      • we may refuse for any reason to give effect to any direction you give us in respect of a transfer to be made; and
      • we are not liable to you or any other person for any loss or damage which you or that person may suffer as a result of such refusal.
    14. Future-dated External Transfers

 

    NBV may offer you the ability to arrange transfers in advance of the date that they are due for payment. Future-dated Transfers can be once only or recurring transfers and may be used to transfer funds to accounts held with NBV or accounts held with other financial institutions. If you use this option the following conditions apply:
    1. If the Available Balance in your Account is not sufficient to comply with your transfer authorisation, the transfer will not be made and you may be charged a dishonour fee.
    2. You are responsible for checking your Account transaction details or Account statement to ensure the future-dated transfer is made correctly. You should contact us immediately if there are any problems with your future-dated transfer.
    3. You can elect to cancel a future-dated transfer after you have given the direction but before the date for transfer by making the relevant changes. You cannot stop a transfer on or after the date of transfer.

7. Security of PIN

  1. When you are issued with an IsiKad you will be asked to select a PIN. When you are granted access to the IsiMani service you will be requested by Digicel or the Bank to select a PIN.
  2. You may change the NBV PIN from time to time by calling in to an online branch and requesting a change. You can change the Digicel PIN at any time using your Mobile Device
  3. You must notify NBV immediately if you wish to cancel your access to IsiBank/IsiPOS, IsiMani or IsiMS.
  4. You must:
    • keep your PIN secure and take steps to prevent unauthorised use of it;
    • not tell or show your PIN to another person or allow it to be seen by another person (including family or friends);
    • not keep a record of your PIN in a way which can be determined by another person;
    • not keep your IsiKad and PIN together.
  5. Where NBV and/or Digicel allows you to select a PIN or change your PIN you must not select:
    • a numeric code which represents your birth date; or
    • an alphabetical code which is a recognisable part of your name.

8. Lost or Stolen IsiKad or PIN

  1. You must immediately notify your local NBV branch or telephone 22201 if:
    • your IsiKad is lost or stolen; and/or
    • a record of your PIN is lost or stolen; and/or
    • you become aware or suspect another person has made unauthorised use of your IsiKad.
  2. NBV will give you a reference number or other form of acknowledgment, which you should retain, that verifies the date and time you contacted the Bank. If your report is made to NBV by telephone, you must subsequently confirm it at your local NBV branch and you may be required to complete a written report.
  3. NBV will put a stop on your IsiKad to prevent further use.
  4. You must go to your local NBV branch where you may be issued with a new PIN and, if necessary, a replacement IsiKad. You may be charged a fee to cover the cost of issuing the replacement IsiKad.

9. Account Records

  1. You should carefully check your Account records and statements when you receive them. If you believe that there has been a mistake in any transaction using the Electronic Banking Service, or an unauthorised transaction, you must notify NBV immediately in accordance with clause 9.1.

10. Interruption to NBV Electronic Banking

  1. NBV makes no representation, warranty or guarantee that access to the NBV Electronic Banking Service will be uninterrupted.
  2. You acknowledge that this Electronic Banking Service 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 NBV's or any another person's software, equipment or systems, data traffic or technical difficulties with the Internet, or infrastructure failures such as damaged telephone lines or interference with digital or mobile phone signals.
  3. Where NBV's equipment or NBV's system are unavailable for use or malfunctioning, NBV's responsibilities will be limited to the correction of any errors in the account holder's account. NBV will also not be liable for any losses caused by the failure of NBV's equipment or NBV's systems where NBV's systems or NBV's equipment did not accept a request for or process a transfer or for the refund of any charges or fees imposed on the account holder as a result other than those levied or charged directly by NBV.

11. Liability for Unauthorised Transactions

  1. You are liable for all transactions carried out via the NBV Electronic Banking Service by you or anybody carrying out a transaction with your consent regardless of when the transaction is processed to your account by us.
  2. If you are responsible for a mistaken payment or transfer and NBV cannot recover the amount from the person who received it, you will be liable for that payment.
  3. You will not be liable for any loss of funds arising from an unauthorised transaction on an Account:
    • that occurs before you have received your IsiKad or PIN; or
    • if the transaction occurs after you notify NBV in writing that your IsiKad or PIN has been misused, lost or stolen or become known to someone else; or
    • that is related to the use of an IsiKad or PIN that has been cancelled or made inactive by NBV.
  4. You will be liable for any loss of funds arising from any unauthorised transaction on your Account if the loss occurs before you notify NBV that your PIN has been misused, lost or stolen or become known to someone else and if:
    • you fail to look after and keep your PIN secure in accordance with clause 8; or
    • you unreasonably delay notifying NBV of the misuse, loss or theft of your PIN or of it becoming known to someone else and the loss occurs between the time you did, or should reasonably have become aware of these matters, and the time you notify NBV; or
    • you voluntarily disclose your PIN; or
    • you kept a record of your PIN without making a reasonable attempt to disguise it, or in a way that it could be lost or stolen with your card.

      NBV does not consider the following examples to provide a reasonable disguise and you agree not to:
      i) record a disguised PIN on your card;
      ii) disguise your PIN by reversing the number sequence;
      iii) describe the disguised record as a ‘PIN record' or ‘Password record';
      iv) disguise your PIN as a telephone number, part of a telephone number, postcode or zip code, or date of birth;
      v) disguise your PIN using alphabetical characters, eg.: A=1, B=2, C=3 etc;
      vi) there may be other forms of disguise which may be similarly unsuitable because of the ease with which another person can discern your PIN;
      • you otherwise fail to protect the security of your PIN; or
      • act with extreme carelessness in failing to protect the security of your PIN.
  5. Your liability will not exceed the lesser of:
    • the balance of the Account; or
    • the amount you are able to withdraw from your Account on the day the unauthorised transaction takes place.

12. Other Liability

Subject to clause 11 and to the extent permitted by law:

  1. You agree that NBV will not be responsible for any liability, damage, loss including legal costs, whether consequential or not, whether directly or indirectly from any error, delay, failure in performance, inability to use the Electronic Banking Service or of any of its obligations caused by circumstances beyond NBV's control (including, but not limited to, the unavailability of the Electronic Banking Service or any delay, error or failure to carry out an Instruction for any reason), except for wilful default on the part of NBV, or a breach of a condition or warranty implied by statute in contracts for the supply of services which cannot be excluded, modified or restricted.
  2. You will be liable for and agree to indemnify NBV against any loss or damage NBV may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you did not observe your obligations under these Terms and Conditions or acted negligently or fraudulently when using the Service.
  3. NBV shall not be liable if you do not have sufficient available funds in your designated Account to complete the transaction you initiate or if the account is closed.
  4. NBV shall not be liable if you have not given NBV proper instructions via the Electronic Baking Services.
  5. NBV shall not be liable if the funds in your designated account are subject to legal process or other encumbrance restricting such payment or transfer.
  6. NBV shall not be liable if you or anyone you permit to utilise NBV's Electronic Banking Services and your PIN, commits any fraud or violates any law or regulation.
  7. You will not be liable for losses that are caused by the fraudulent or negligent conduct of NBV's employees or agents or companies involved in networking arrangements or of merchants or of their agents or employees.
  8. You are not liable for losses resulting from the same transfer being incorrectly debited more than once to the same account due to the failure of NBV's equipment or NBV's systems.

13. Security of NBV Electronic Banking

  1. NBV will use such measures as it considers reasonable to help ensure a high level of security of the Electronic Banking Service. In respect of IsiNet, NBV employs a range of security measures, including firewalls and data encryption protocols that help provide a secure connection for your internet transactions. However, NBV cannot guarantee that any data transmission over the internet is totally secure. NBV encourages you to protect your User Name and your Password(s). NBV refers you to Appendix A which gives you some advice on how to protect yourself from unauthorised use of your property.
  2. You are solely responsible for ensuring that you have a secure telecommunication service provider to access IsiNet. All telephone, mobile service provider and other communications costs will be borne by you.
  3. By applying for this NBV Electronic Banking Service, you consent to use of the data provided to NBV for the purpose of providing this Electronic Banking Service and you acknowledge that the data provided may be encrypted, transmitted and stored by NBV and that, except as otherwise provided by law in Vanuatu, NBV shall have no liability in respect of such data.

14. Disclaimer of Warranties

  1. You expressly understand and agree that use of the Electronic Banking Service is at your sole risk subject to these Terms & Conditions. The service is provided on an “as is” and “as available” basis. Subject to these Terms & Conditions, NBV expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. We do not warrant that a Merchant or Electronic Terminal displaying the IsiKad or NBV signs or promotional material will accept the card in payment for goods and services or for the performance of transactions. You should always enquire beforehand before selecting goods or services.
  3. We do not accept any responsibility should a merchant, bank or other institution displaying the IsiKad or NBV signs or promotional material, refuse to accept or honour the card. We do not warrant that electronic terminals displaying the IsiKad or NBV signs or promotional material will accept the card.
  4. We are not responsible for any defects in goods and services acquired by you through the use of the card or by transfer of funds. You acknowledge and accept that all complaints about these goods and services must be addressed to the supplier or Merchant of those goods and services.

15. No Warranty

  1. Subject to these Terms & Conditions, NBV makes no warranty that:
    • the Electronic Banking Service will meet customers' requirements;
    • the Electronic Banking Service will be uninterrupted, timely, secure or error free;
    • the results that may be obtained from the Electronic Banking Service will be accurate or reliable; and
    • any errors in the technology will be corrected.

16. Fees & Charges

  1. If you use the Electronic Banking Service to effect a transaction you may incur a fee or charge on the Account you access. You agree to pay the fees and charges for your use of NBV's Electronic Banking Service. The fees for this Electronic Banking Service will be debited to an Account nominated by you, or in the absence of such a nomination, to an Account selected by NBV. If there are insufficient funds in your nominated Account, you authorise NBV to deduct the fee from any other account you have with NBV.

17. Information

  1. You authorise NBV to give information about you and any Account to others in order to execute your Instructions or where NBV reasonably thinks it necessary for the provision of the Electronic Banking Service.
  2. You may request access to your information held by NBV by contacting the bank.

18. Notices

  1. NBV may vary these Terms and Conditions and fees and charges from time to time generally by providing written notice before a change becomes effective in the following manner:
    • a written notice to your last known address NBV maintains in its records; or
    • notices on or with periodic account statements; or
    • a public notice in any of the daily newspapers circulating in Vanuatu; or
    • by notice displayed at NBV's branches; or
    • by notice displayed on the NBV website.

Use of the Electronic Banking Service, after the notification methods referred to above, will mean your acceptance of the variation.

19. Electronic Communication

  1. Where permitted, NBV may use electronic means to communicate with you in connection with notices, consents, approvals and other communications in connection with these terms and conditions. This means NBV may communicate by electronic communication:
    1. to your nominated electronic address including SMS to your mobile device; or
    2. by way of electronic message via IsiBank; or
    3. by making particulars available at NBV's Website. NBV will promptly notify you by electronic communication in accordance with (a) above that the information is available for retrieval at NBV's Website and the nature of the information and you will be given the opportunity to retrieve that information for future reference by printing it.
  2. You may change your nominated mobile phone number by giving NBV notice.
  3. You may request a paper copy of a communication given electronically within 6 months of the electronic copy being received or made available.
  4. A communication is deemed to be received when the communication enters the recipient's designated mobile device or information system or is capable of being viewed from a recipient's computer, and is effective when received even if no person is aware of its receipt.

20. Termination

  1. You may stop your use of the Electronic Banking Service at any time by giving written notice to NBV. NBV may terminate the Electronic Banking Service at any time by giving you written notice.

21. Ownership of IsiKad

  1. You agree that your IsiKad remains the property of NBV and agree to return the IsiKad to NBV upon:
    • NBV's request;
    • closure of your nominated account(s);
    • termination of your authority to operate all nominated account(s)
  2. Your IsiKad may be retained by an ATM should repeated entry of an invalid PIN occur. The number of additional entries allowed after the first invalid entry may be varied at NBV's discretion and is not subject to any prior notice.
  3. NBV reserves the right to cancel any IsiKad at any time without prior notice if:
    • NBV believes that continued use of the IsiKad might cause a loss to either you or NBV.
    • for security reasons.
    • you breach these terms and conditions.
    • for any reason by giving you 30 days written notice. The notice does not have to specify the reasons for the cancellation.
  4. You must return your card to us when:
    • NBV notifies you that it has cancelled the card.
    • you close your Linked Account(s).
    • you cancel your card.
    • you alter the authorities governing the use of your Linked Account(s) unless NBV otherwise agrees.
  5. You will continue to be liable to for any transactions you make using the IsiKad before the card is cancelled but which are not posted to your Linked Account(s) until after the cancellation of the card.
  6. You may cancel your IsiKad at any time by giving us written notice.

22. Governing Law

  1. NBV's agreement with you on these Terms and Conditions and the transactions carried out under that agreement are governed by the law in force in the Republic of Vanuatu, and you and NBV submit to the non-exclusive jurisdiction of the courts of that jurisdiction in respect of any dispute about them.

23. Money Laundering & Counter Terrorism Requirements

  1. NBV meets the regulatory and compliance obligations of Anti Money Laundering and Counter Terrorism laws of Vanuatu. These obligations mean that:
    • we will not allow a person to operate any accounts until his or her identity has been verified in accordance with any identification procedures NBV deems necessary to meet its obligations. This applies equally to all account owners and authorised signatories.
    • we may be required to obtain additional information from you if required by any law in Vanuatu or any other country.
    • we may be required to disclose information provided to us or any other information where required by law in Vanuatu or any other country. This includes the release of information regarding Electronic Banking transactions to overseas regulators
    • your transactions could be delayed, blocked or frozen if we believe on reasonable grounds that making a payment may be in breach of the law in Vanuatu or any other country.
    • we incur no liability to you if NBV delays or blocks any transaction, or refuse to pay any money in the reasonable belief that a transaction or payment would contravene and law in Vanuatu or any other country
    • we are required by law to report any unusual or suspicious activity or transaction as well as all cash and transfer transactions to the Vanuatu Financial Intelligence Unit.
  2. You agree that you will not initiate, engage or effect a transaction or payment that may breach any law in Vanuatu or any other country. If you do so, you indemnify NBV against any loss we may incur which arises from such transaction or payment.
  3. In accepting these Terms and Conditions, you will also be taken to have accepted the release by NBV of any information NBV possesses (or has access to) concerning an Electronic Banking Service transaction where an enquiry has been made to NBV, or any of the related entities, into the legality or good faith of the transaction, by a Regulator or Government Agency in a jurisdiction other than where you are registered for NBV's Electronic Banking Service. For the purposes of this clause, the terms ‘Regulator' and ‘Government Agency' mean a body in that other jurisdiction authorised by the law of that jurisdiction to make such an enquiry.

24. Acceptance

  1. These Terms and Conditions apply to you and to all transactions involving the use of NBV's Electronic Banking Service.
  2. Your use of NBV's Electronic Banking Services constitutes agreement to these Terms and Conditions and any modifications thereof.
  3. These Terms and Conditions operate in conjunction with the terms and conditions applicable to the account(s), which you have nominated to be accessed by use of NBV's Electronic Banking Service. Unless specifically stated otherwise, where there is any inconsistency between the Terms and Conditions of NBV's Electronic Banking Service and the separate terms and conditions for an account, these Terms and Conditions will prevail.

25. Changes to Terms & Conditions

  1. NBV reserves the right to change and vary these Terms and Conditions (including imposing new fees and charges, changing the amount, type or method of calculation of fees and charges payable) and any other information it has issued about the Electronic Banking Service at any time.
  2. NBV may make a variation without prior notice where such variation is necessary to restore or maintain the security of the Electronic Banking System or any accounts.
  3. Notice of any change will be given in writing (for example on account statements) or adverts placed in the newspapers no later than the date on which the change takes place.

26. Complaints & Dispute Resolution

  1. If for any reason you have cause to register a complaint with us you can do so at any NBV Branch or call NBV's Helpdesk on 22201 or by emailing us through our website.
  2. A dispute arises when you make a complaint to us about a product or service and you are not satisfied with the response you receive. You can request a resolution of a dispute with us via email or by mail.
  3. Our staff will be understanding of your situation and wherever possible take immediate steps to resolve your issue. For more complex matters NBV may request that you make a written submission and we will then give you an expectation of when the matter should be resolved and advise you accordingly.
  4. Where NBV is required to use its discretion, it will use that discretion reasonably and in accordance with its legitimate business interests.

27. Limited Use Licence

  1. NBV grants you a limited non-exclusive, non-transferable license to use and view its Electronic Banking Services, solely for your use in connection to your banking relationship with us.
  2. You may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, information, software or other material or content in these Terms of Conditions, referred to (collectively, as the "content") of this Service without NBV's prior written permission.
  3. You acknowledge and agree that this Service and its content are the property of NBV its affiliates or their respective service providers, suppliers or licensors and you will not acquire any rights or licenses in any trade-marks, patents, copyright or other intellectual property.