DEFINITIONS

In this document following words and phrases have the meaning set opposite to them unless the context indicates otherwise:

“Blue” refers to Blue Financial Services Ghana Limited (Registration no. CS017342016), a company registered under the laws of Ghana, having its registered office at Matti House, No. 817/1, No. 2, Eleventh Lane, Ringway Estates, Osu-Ghana.

USER refers to a customer of Blue authorised to use Mobile application.

MOBILE BANKING ACCOUNT refers to the USER’s deposits and /or credit accounts and/or any other type of account so designated by Blue to be eligible account/s for operations through the use of Mobile Banking Channels.

PERSONAL INFORMATION refers to the information about the USER obtained in connection with the mobile application.

PASSWORD refers to the Application Password, mobile PIN (mPIN), or transactional PIN (tPIN) issued to the USER for accessing/ operating the Mobile application.

OF TERMS & CONDITIONS (T&C)

These T&C form the contract between the USER using the Mobile application and Blue. By applying for mobile application and accessing the service the USER acknowledges and accepts these T&C. Any condition relating to the accounts of the customer other than these T&C will continue to apply except that in the event of any conflict between these T&C and the account conditions, these T&C will prevail.

The agreement shall remain valid until it is replaced by another agreement or terminated by either party or the account is closed, whichever is earlier.

APPLICATION FOR MOBILE APPLICATION

Blue may offer Mobile application to its customers who are legal mobile subscribers at its discretion.

The acceptance of the registration form and the acknowledgment thereof does not automatically imply that Mobile application shall be provided to the applicant. Blue may advise from time to time the Internet Software such as Browser, Java, which are required for using the Mobile application. There shall be no obligation on the part of Blue to support all the versions of these Internet/Mobile softwares.

MOBILE APPLICATION

Blue shall endeavor to provide to the USER through Mobile application such as inquiry about the balance in his account/s, details about transactions, Statement of Account, Request for facility, Request for transfer of funds between accounts and many other facilities as Blue may decide to provide from time to time. These facilities shall be offered at the discretion of Blue. Blue at its sole discretion may also make enhancements to the Mobile application being offered. The availability/ non-availability of a particular service shall be advised through the mobile application, email, or SMS, or Website of Blue or written communication.

Blue shall take reasonable care to ensure the security of and prevent unauthorized access to the Mobile application using technology reasonably available to it. The USER shall not use or permit to use mobile banking Service or any related service for any illegal or improper purposes.

MOBILE APPLICATION ACCESS

The USER would be allotted an Application Password and other Passwords (to be used at the time of login) by Blue in the first instance. The USER will be required to change the password assigned by the COMPANY on accessing Mobile application for the first time. For authentication of the transactions, a separate Transaction Password (tPIN) will be allotted. As a safety measure, the USER should change the password as frequently thereafter as possible.

In addition to passwords, Blue may, at its discretion, advise the USER to adopt other means of authentication.

The USER shall not attempt or permit others to attempt accessing the account information stored in the computers of Blue through any means other than the Mobile application.

PASSWORD

USER must:

(i)   keep the Passwords confidential and not reveal the same to anyone.

(ii)  choose a password which shall be at least 4 digits long.

(iii) not record the Passwords in written or electronic form.

(iv) not let any unauthorized person have access to his handset/mobile phone or leave the same unattended while using Mobile application.

In the event of forgetting of passwords or expiry/ disability of password, USER can request for change of the password by sending a written or email request to Blue. The selection of a new password shall not be construed as the commencement of a new contract.

JOINT ACCOUNTS

Mobile application will be available in case of joint accounts only if the mode of operation is indicated as ‘either or survivor’ or ‘anyone or survivor’ or ‘former or survivor’. For ‘former or survivor’ account, password will be issued only to the ‘former’. For ‘either or survivor’, ‘anyone or survivor’ accounts password will be issued to the authorized joint account holder. All the other joint account holder/s shall expressly agree with this arrangement and give their consent on the application form for use of Mobile application. In case of ‘either or survivor’ and ‘anyone or survivor’ accounts if any of the joint account holder/s gives “stopping of operations” instructions for the use of Mobile application in writing, on any of the Mobile banking service accounts held jointly by them, the Mobile application will be discontinued for the USER. In case of ‘former or survivor’ account, such instructions will be issued by former only.

REQUIREMENT OF MINIMUM BALANCE

USER shall maintain, at all times, such minimum balance in Mobile banking account/s, as Blue may stipulate from time to time. Blue may, at its discretion, levy penal charges for non-maintenance of the minimum balance (subject to banking laws). Blue may withdraw the Mobile application facility, if at any time the amount of deposit falls short of the required minimum as aforesaid and/ or if the other charges remain unpaid, without giving any further notice to the USER and/ or without incurring any liability or responsibility whatsoever by reason of such withdrawal.

CHARGES

Blue at its discretion from time to time may specify charges for usage of Mobile application and/or additional charges for selected services which will be advised to the USER at the time of opening the account and also be published on the website of Blue. All out of pocket expenses wherever applicable will be borne by the USER.

The USER and the other account holder/s (in case of joint accounts) authorizes Blue to recover all charges related to Mobile application as determined by Blue from time to time by debiting any of the USER’s account/s and any of the other joint account holder’(s) account/s. Any further change in the charges/fees shall be notified on Blue’s website – www.bluefs.com.gh

FUNDS TRANSFER

USER shall not use or attempt to use Mobile application for funds transfer without sufficient funds in the account or without a pre-existing arrangement with Blue for the grant of an overdraft. Blue shall endeavor to effect such fund transfer transactions received through Mobile application provided there are sufficient funds available in the USER’s account. Blue shall not be liable for any omission to make all or any of the payments or for late payments due to circumstances beyond the reasonable control of Blue. In the event of overdraft created due to oversight/inadvertently, the USER will be liable to pay the interest on such over drawn amount, as applicable from time to time.

AUTHORITY TO BLUE

Banking transactions in the USER’S account/s are permitted through Mobile channel, only after authentication of the password of the USER. The USER (along with the joint account holder, if any) grants express authority to Blue for carrying out the banking transactions performed by him through Mobile application. Blue shall have no obligation to verify the authenticity of any transaction received from the USER through Mobile Banking Service or purporting to have been sent by the USER via Mobile application, other than by means of verification of the password.

The displayed output that is generated by the USER at the time of operation of Mobile application is a record of the operation of the Mobile channel and shall not be construed as Blue’s record of the relative transactions. Blue’s own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes.

All transactions arising from the use of Mobile application to operate a joint account, shall be binding on all the joint account holders, jointly and severally, notwithstanding that one amongst such joint account holders only operates the accounts through Mobile application.

ACCURACY OF INFORMATION

The USER is responsible for the correctness of information supplied to Blue through the use of Mobile application. Blue accepts no liability for the consequences arising out of erroneous information supplied by the USER. If the USER suspects that there is an error in the information supplied to Blue by him/her, he/she shall advise Blue at the earliest. Blue will endeavor to correct the error wherever possible on a best efforts basis.

If the USER notices an error in the account information supplied to him through Mobile Banking Service, he/she shall advise Blue at the earliest. Blue will endeavor to correct the error promptly and adjust any interest or charges arising out of the error.

LIABILITY OF THE USER AND BLUE

If the USER has complied with the TERMS & CONDITIONS and advises Blue in writing under acknowledgment of an authorized person of Blue, immediately after he/she suspects that his/her Password/s is known to another person and/ or notices unauthorized transaction/s in his account, he/she shall not be liable for losses arising out of the unauthorized transaction/s occurring in the accounts after the receipt of such advice by Blue.

The USER shall be liable for some or all loss from unauthorized transactions in the account/s if he/she has breached the Terms and conditions or contributed or caused the loss by negligent actions such as the following:

Disclosing or failing to take all reasonable steps to prevent disclosure of the Application Password/ mPIN/ tPIN to anyone including Blue staff and/ or failing to advise Blue of such disclosure within a reasonable time.

Not advising Blue in a reasonable time about unauthorized access to or erroneous transactions in the account/s through Mobile application.

Blue shall not be liable for any unauthorized transaction/s occurring through the use of Mobile application which can be attributed to the fraudulent or negligent conduct of the USER.

Blue shall not be liable to the account holder(s) for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the account holder(s) or any other person, if Mobile application access is not available in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure, software or hardware error or any other reason(s) beyond the control of Blue.

Blue shall endeavor to take all possible steps to maintain secrecy and confidentiality of its customers’ account/s but shall not be liable to the account holder(s) for any damages whatsoever caused on account of breach of secrecy/ confidentiality due to hacking or technological lapses in the system. The Institution shall not be liable for any loss due to unauthorized transfer of funds through hacking, phishing, vishing, social engineering, or any other fraudulent means.

INDEMNITY

The USER shall indemnify and hold Blue harmless against any loss suffered by Blue, if any claim or action brought by a third party which is in any way the result of the improper use of Mobile application by the USER.

DISCLOSURE OF PERSONAL INFORMATION

USER agrees that Blue or its contractors may obtain, hold, and process his PERSONAL INFORMATION on computer or otherwise in connection with Mobile application as well as for statistical analysis and credit scoring. The USER also agrees that Blue may disclose, in strict confidence, to other institutions, such PERSONAL INFORMATION as may be reasonably necessary for reasons inclusive of, but not limited to, the following:

for participation in any telecommunication or electronic clearing network in compliance with a legal directive for credit reporting by recognized credit bureaus agencies for fraud prevention purposes.

PROPRIETARY RIGHTS

USER acknowledges that the software underlying the Mobile application as well as other Internet related software which are required for accessing Mobile application is the legal property of Blue. The permission given by Blue to access Mobile application will not convey any proprietary or ownership rights in the above software. The USER shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Mobile application or create any derivative product based on the software.

CHANGE OF TERMS AND CONDITIONS

Blue has absolute discretion to amend or supplement any of the Terms & Conditions at any time and will endeavor to give prior notice of reasonable time for such changes wherever feasible. Blue may introduce new services within the Mobile application from time to time. The existence and availability of the new functions will be notified to the USER as and when they become available. By using these new services, the USER agrees to be bound by the terms and conditions applicable.

NON-TRANSFERABILITY

The grant of facility of Mobile application to a USER is not transferable under any circumstance and shall be used only by the USER.

TERMINATION OF USE OF MOBILE APPLICATION 

USER may request for termination of the Mobile application any time by giving a written notice. The USER will remain responsible for any transactions made on his/her account/s prior to the time of such cancellation of the Mobile application. Blue may withdraw the Mobile Banking facility any time after giving reasonable notice under the circumstances to the user through the website.

The closure of account by the user will automatically terminate the Mobile application.

Blue may suspend or terminate the Mobile application without prior notice if the user has committed breach of these terms and conditions or Blue learns of the death, bankruptcy legal incapacity of the USER.