2. Incorporated Terms
In addition to this agreement, the terms and conditions of your Automated Teller Machine (ATM) Debit/Credit Card (bank card terms) and account or facility terms and conditions (other terms) shall apply to all transactions you carry out or instruct us to carry out through bank accounts linked to the card or account number you select when using electronic banking.

In the event of conflict between the provisions of this agreement and the bank card terms or the other terms, the provisions of this agreement will prevail.

Where the bank card terms or other terms require amendments or additions thereto to be reduced to writing and/or signed, your acceptance of this agreement shall be deemed to satisfy such requirements.

3. Defining the Device and Medium
The device which you select to access Electronic Banking may include a computer, Mobile Phone, Telephone, Television or similar technologies (“the Device”) and the medium through which you access electronic banking may include the Internet, Wireless Application Protocol (WAP), Wireless Internet Gateway (WIG), Short Messaging System (SMS), voice over an automated voice recognition system or similar technologies (“the Medium”).

We will refer to the device and the medium collectively as "The Communication System". Where a particular communication system requires contractual provisions different from other communication systems, this will be dealt with separately.

4. Amendments
We may amend this agreement from time to time and you are bound by the version of this agreement that exists at the time you access electronic banking. You agree and waive your right to question or receive intimation of any such amendment that may be subsequently made in the agreement by the Bank. The date of this version is recorded above.

5. Requirements, Registration & Fees
Before you can use electronic banking you must follow certain procedures as laid down by the Bank. Before we allow you access to electronic banking. We may require information from you so that we can verify that you are who you say you are. We will require your prior consent (express or implied).

We will charge you fees (if any) on our services in accordance with the Bank's prevailing Schedule.

For information on what is required, you may approach our nearest Branch or the Customer Call Centre or visit our website: www.askaribank.com.pk for the prevailing procedure and charges.

6. We Will Act On Instructions That Appear To Have Been Sent By You
Use of a communication system means we do not interact face-to-face. Unless you notify us before we give effect to an instruction, you authorise us to rely on and perform all instructions that appear to originate from you (even if someone else is impersonating you).

7. Sending and Processing Instructions
Your instructions to us will be subject to the same turn-around times and processes that apply to your customer profile, the type of account you have and type of transaction involved.

An instruction cannot be terminated or revoked once sent to us. You will not hold us liable if you execute the same instruction more than once and neither instruction will be reversible.

Please do not re-send the same instruction before confirming the fate of prior instruction by checking your statements etc. and/or from your Branch or contacting our Customer Call Centre. This is because the initial instruction may still be processed and re-sending the instruction may lead to a double transaction for which we will not be held liable.

8. Access Code Protection And Irregularities
An "Access Code" refers to your User Name, Password, ATM PIN, CSP, ATM Card Number, etc. For your convenience, we may allow you to use the same access codes to access all our electronic banking services and related services. You should, therefore, take extra care in protecting your access code as someone who unlawfully obtains your access code could gain access to all such accounts or services.

You must protect and keep your access codes confidential at all times . It is not safe to store it on your computer or on a network. We rely on you to report any compromise of your access codes to us without delay. You may do this by contacting our Customer Call Centre or your branch. We may ask you to verify your identity to prevent someone else from impersonating you. Once you notify us to disable an access code we are entitled to:

• Reject all instructions received after such notification;
• Suspend the processing of all instructions not yet executed;
• Reverse (if possible) all executed transactions with effect from such date and time as we may reasonably determine the unauthorised use to have commenced;
• Deactivate the access code without further notice.

There will never be a reason for any person including a member of our staff or Customer Call Centre to know or ask for your Access Code. Do not disclose an Access Code to these persons, regardless of whether you called them or they called you. You must immediately notify us if you discover an error or irregularity. You can report any errors to our Customer Call Centre or at any Branch.

9. Ending A Session
You must ensure that you log-off from the Internet Banking Service and disconnect the call when you have finished using our electronic banking services. Failure to do so could result in unauthorised transactions for which we will not be held liable.

10. Your Authority
You permit us to regard all activities you conduct or instructions sent after you enter your Access Code as being authorised by you and intended to have legal force and effect.

11. Sufficient Notice
You permit us to issue notices required in terms of this agreement, legislation or regulation by making such notification available via our communication systems or sending such notification by email, fax or similar future technologies. Any notices so issued by us, will as far as they contain contractual terms relating to electronic banking, also form part of this agreement.

12. No Offer, Recommendation Or Solicitation
Unless clearly stated, all material on the communication system merely constitutes the availability of facility (ies) to execute the services provided by us. It does not constitute an offer or solicitation to buy or sell, or dispose in any way, of any investment, or to enter into any transaction.

13. Nature Of Information On The Communication System
Information on the communication system is intended to provide you with only general information about the bank, its products, services and objectives. From time to time we may provide information on:

• Projected revenues, income, earnings per share, capital expenditures, dividends, capital structure or other financial items;
• Our plans, objectives and projections for future operations and services and future economic performance.

These will only be estimates so actual events or results may differ. All information is provided "as is" and should not be treated as professional or investment advice of any kind.

14. Information Feeds
We may use the services of other organisations to provide information like quotes, news and market information such as share prices, etc. on the communication system. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "As Is" and we will not be directly or indirectly liable for any damages whatsoever that may arise from you relying on it.

15. Links To Third Parties' Communication Systems
The communication system may contain links to other communication systems that carry information and material produced by other parties. While we try to provide links only to reputable communication systems, we cannot accept responsibility or liability for the information provided on other communication systems. A link from our communication system to any other communication system does not mean that we have scrutinised or endorsed the owners or administrators of such communication systems or their business or security practices and operations.

16. Our Intellectual Property
We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the communication system.

The Logos and Trademarks shown on our communication system are our Registered and Unregistered Trademarks or those of third parties. Nothing contained on our communication system should be construed as granting any licence or right to use any trade mark or other intellectual property without our prior written permission or that of the relevant third parties.

Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the communication system, whether it constitutes confidential information or not, and that you shall have no right, title or interest in any such material.

17. Software
You must use and maintain only Hardware and Software of sufficient quality and performance capability. Your failure to use such Hardware or Software may result in a higher security risk and cause the communication system not to operate properly or not at all.

Software, if any, made available for download on or via the communication system is governed by licence conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose or use of such software.

No warranty, whether express or implied is given that any files, downloads or applications available via this communication system are free of Viruses, Trojans, Bombs, Time-locks or any other data or code which has the ability to corrupt or affect the operation of your computer, database, network or other information system.

18. Transmission Of Information And Security Tips
Information transmitted via an unsecured link over a communication system is susceptible to potential unlawful access, distortion or monitoring. We have, however, taken all the possible security measures to limit these risks.

Please note that this policy may differ from the policies available elsewhere on our website.

You must comply with the security tips which are published from time to time. As we do not guarantee to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result thereof. To limit these risks, we may request independent verification of any information transmitted by you via our communication system from time to time.

19. Indemnity
You indemnify us for all losses and costs we may incur on your behalf due to:

• Non-payment;

• Any instruction exceeding the amount available in your bank account; or

• Unauthorised instructions executed which were not due to our negligence.

• Any overdraft that you may incur through your use of Askari Bank electronic banking.

20. Unavailability of electronic banking
We will at all times and for whatever reason, have the sole and exclusive right to suspend or terminate electronic banking without any prior notification or giving any reasons for such termination or suspension.

You acknowledge and accept that electronic banking may be unavailable from time to time for any reason, including:

• Technical failure or problems with the communication system itself or our communication system underlying banking systems (the bank system);
• Technical failure or problems with a communication system directly or indirectly underlying electronic banking that is owned or controlled by other persons (third party system);
• Unavailability of telecommunication or electricity services; or
• Other circumstances beyond our control.

You undertake, in the event of unavailability of electronic banking, to limit your potential losses by using any other means of communication with us for the duration of the unavailability of electronic banking.

21. Warranties and representations
We do not warrant that the communication system or electronic banking will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non- infringement, compatibility, security and accuracy.

22. Disclaimer And Limitation Of Liability
For purposes of this clause "we" or "us" or "our" includes the bank as well as its affiliates, shareholders, employees, consultants and agents.

Although we have taken care to ensure that the content provided on the communication system is accurate and that you suffer no loss or damage as a result of you using it, the communication system and electronic banking are provided "as is".

We are not liable for any damages whatsoever relating to your use of the communication system or electronic banking. This includes the information contained on the communication system or your inability to use the communication system or electronic banking, including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage. Without derogating from the generality of the foregoing, we are not liable for:

• Any damages which you suffer as a result of a compromise of your access codes;

• Any interruption, malfunction, downtime or other failure of the communication system or electronic banking, our banking system, third party system, databases or any component part thereof for whatever reason;

• Any loss or damage which arises from your orders, self transactions, investment decisions, purchases or disposal of goods and services, including financial instruments or currencies, from third parties based upon the information provided on the communication system;

• Any loss or damage with regard to your or any other data directly or indirectly caused by malfunction of our bank system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on the bank system or third party systems; programming defects; negligence on our part or caused by the computer problem;

• Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers (such as Pak Telecom), internet service providers, electricity suppliers (such as Wapda), local authorities and certification authorities;

• Any event over which we have no direct control.

22. Breach
We may terminate your access to electronic banking, if you breach a material term of this agreement and fail to remedy it being notified. We may do this without detracting from our right to take any other steps available to us at law or under this agreement, including the right to obtain an interdict.

23. Resolving Errors & Questions.
In case of errors or questions about your electronic transactions and fund transfers or if you think your statement or receipt is wrong or you need more information about a transfer/transaction listed on your statement or receipt, contact your Branch as soon as you can or write to us at the address.

• We must hear from you as soon as you noticed but within two (2) weeks of when we sent you the FIRST statement on which the alleged problem or error appeared.

• Tell us your name and account number.

• Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

• Tell us the amount of the suspected error.

We may require that you send us your complaint or question in writing to the Manager of your Branch. We will tell you the results of our investigation within 10 business days upon receipt of your complaint/question and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question

If we decide that there was no error, we will send you a written explanation after we finish the investigation. Copies of the documents that we used in our investigation may be made available to you upon request at a reasonable charge.

24. How disputes will be resolved
In the event of any dispute, doubt or question touching interpretation, meaning or effect of any clause or clauses of this agreement or terms thereof, the same shall be referred to arbitration under the Arbitration Act, 1940 and the award of the Arbitrator, shall be binding on the parties hereto, the cost of which proceedings shall be borne by the losing party.

25. Entering into agreements
You warrant to us that you have the required legal capacity to enter into and be bound by this agreement. If you are unsure whether you have the legal capacity to enter into agreements, you have to contact someone able to provide you with this information before you continue to use electronic banking.

26. Law Governing Our Relationship
This agreement will be governed and construed in accordance with the laws of the Islamic Republic of Pakistan without reference to any conflict of law provisions.

27. General Provisions
The headings of the clauses in this agreement are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify this agreement.

• Where any dates or times need to be calculated in terms of this agreement, Pakistan Standard Time is used.

• Whenever disputes result from the peculiarities of the communication system, we both authorise a court of competent jurisdiction in Pakistan or through mutual arbitration, as the case may be, to interpret this agreement in such a manner as to facilitate normal banking without placing undue emphasis on technical issues.

• No failure or delay by us to exercise any of our rights is to be construed as a waiver of any such right, whether this is done expressly or is implied. It will also not affect the validity of any part of these conditions or prejudice our right to take subsequent action against you.