Terms and Conditions for Smart Mobile Banking Services provided by Cihan Islamic Investment and Finance Bank P.S.C, via using the services available in the banking application, you accordingly acknowledge that you have read, understood and agreed to adhere to the Terms and Conditions described hereunder.

Definitions:

• Bank: Cihan Islamic Investment and Finance Bank P.S.C.
• Customer: The legal or illegal resident account holder, whether individual, company or group.
• Business Day: Means the day on which the bank opens its business to provide its banking services.
• Service: Smart Mobile Banking Services.

General Provisions:

The Application of the Terms:

The Terms and Conditions below apply to the Service, and the Customer acknowledges when using the Service that he has read, understood and agreed to such Terms. The Bank provides the Service on the smartphone in accordance with the best acceptable security procedures, as the Bank is not responsible for any errors resulting from the open nature of mobile phone networks and the internet, and accordingly; the Customer bears full responsibility for all risks implied or that may arise from the Customer's use of the Service. The partners must notify the Bank of any amendments that may occur to the contract of the Company \ Institution \ Body \ Organization \ Joint Accounts, and the Bank shall bear no responsibility otherwise. The right to use or benefit from electronic banking services is exclusive to the Customer alone, and the Customer is obligated at all times not to allow or enable any other person to use or benefit from it, since the Bank is not responsible for any errors, omissions or negligence resulting from the open nature of mobile phone networks and the internet, and for any breach of the internet or phone networks, and the Customer will not be compensated against any of such acts.

Device Maintenance:

• The Customer bears full responsibility for maintaining his own phone.
• The Customer shall bear the operating and communications costs required to use the Service.

Hardware and Software:

The Customer shall be fully responsible for any malfunction in the hardware and/or software used to obtain the Service, and the Customer shall also be responsible for hardware and/or software that may adversely affect the security and/or effectiveness of the Service. The Customer shall further be responsible for viruses and/or malicious software that may threaten the Service and/or disseminate the Customer’s Service login information and/or banking transaction information.

No liability:

1. The Bank shall not be responsible for any claim for damages resulting from irregularity of the Service, such as the inability to access the Service or in the case of its interruption.


2. The Bank shall not be responsible for any error, negligence or deletion made by the Customer, and the Bank shall not be also responsible for the Customer’s failure to take caution and care or due to negligence when the Customer uses the Service.

Purchase Services:

The Customer can, through the Card Purchase Service, charge communication lines or games that operate via prepaid card system from specialized companies, provided that the Customer has sufficient balance. The Customer acknowledges the validity of any purchase and/or purchases transactions made through this Service, in addition to the Bank's right to amend the purchase limit at any time without the Customer's consent.

Customer Responsibility:

1. The Customer is fully responsible for all transactions executed via his account or accounts through the Service, and the Customer shall may not cancel any of such financial or non-financial transactions as long as they are made via his username and password.


2. The Customer is solely and fully responsible for all information and data that he/she enters when using the Service.


3. The Customer is fully responsible for protecting and preserving the username and password of the Service. If the Customer suspects that the username and password of the service may have been exposed, then he/she must promptly inform the Bank of such concern and support his claim by a written letter. The Customer shall always be solely and fully liable for any losses or damages resulting from:
   
   
   • The disclosure or exposure of the Username and Password to any individual, group or entity.
   • The public disclosure of the Username and Password of the Service.

The Bank’s Declarations and Its Rights in Providing Banking Services:

1. The Bank shall be entitled to use information related to the Customer within the Bank, so that the Bank can provide the Customer with information about new Services. The Bank also is entitled to disclose information related to the Customer and the Service in accordance with the provisions of the law and court orders, and to the bodies in-charge of enforcing law, and other bodies authorized to do so as required.


2. The Bank may choose not to carry out any financial wiring transaction between the accounts of the same Customer and in the same currency or to the accounts of another customers who has accounts at Cihan Bank or other banks and in the same currency or other currencies in the following cases:
   • There is insufficient balance in the specified account at the time the Customer requests the transfer through the Service or afterwards.
   • The transfer amount exceeds the transfer limit permitted by the Bank.
   • The transfer currency is not identified in the Service.
   • The beneficiary of the transfer is not approved by the Bank.
   • The transfer does not comply with the Sharia and/or regulatory requirements of the Bank and/or the laws.
If all conditions are met, the transfer process will be executed at the same time the Customer executes it on his mobile phone.


3. The Bank declares that it will never require the Customer to send his personal information, including the username and password of the Service, via e-mail or any other means. The Bank will also not send the Customer any e-mail asking him/her to enter or activate the Service. The Customer is expected to take extreme precautions and refrain from sending his personal information, including the username and password of the service via e-mail, as the Customer must also promptly inform the Bank if he receives any requests to send such personal information via e-mail or any other means.


4. The Bank is entitled to modify, through a prior notice to the Customer, the services provided in the Service. The Bank also is entitled to, through a prior notice to the Customer and without stating the reasons to the Customer, modify the technology used in the Service.


5. In the event of repeated electronic transfers from the Customer's account to other accounts inside or outside the Bank for one or more persons, the Bank shall be entitled then to request clarification of the nature of the relationship between the customer with the beneficiaries of the transfer and the reasons for repeating the transfer. In the event that the Customer does not respond (3) times or in the event that the Bank is not convinced of the reasons, the Bank may withhold the transfer service from the Customer.


6. The Bank may at any time amend the limits and ceilings of the transfer amounts without the Customer's consent.


7. The Bank may stop the Service at any time and for the period of time it deems appropriate and without prior notice and without giving reasons to the Customer. In the event that the Service is completely stopped, the Customer will be notified of this in the manner that the Bank deems appropriate, and will further return the commission rate deducted from the Customer to provide this Service, if any, in the event that the cancellation is made by the Bank and for the remaining period of the Service provision validity period.


8. The Bank may, at its option and at any time, collect fees and/or commissions for the Service, and the Customer authorizes the Bank to debit such fees and/or commissions to any of his accounts at the Bank, and the Customer will be notified in advance in the manner the Bank deems appropriate in the event that such decision is taken.


9. The Bank may, at its option and without giving reasons, amend these Terms and Conditions, and will notify the Customer of such amendments in advance. The Customer acknowledges his consent to abide by any amendments made by the Bank to these Terms and Conditions as soon as he becomes aware of it.


10. The Bank may use information within the Bank and submit it to legal authorities in accordance with the applicable laws.


11. The use of the banking application is prohibited in countries subject to international sanctions, and the Bank reserves the right to suspend the service for any user found to be in any of these countries.

Limits of the Customer's Liabilities:

1. The Customer can, through this Service, stop his own ATM card, provided that he/she shall explain the reason behind his/her desire to stop the card in case his card was at risk.


2. The Customer may not cancel any financial transaction that he/she has carried out via the Service.


3. The Service allows the Customer to inquire about his/her accounts and the balances of such accounts, currency exchange rates and other information. The information provided shall deem correct and true at the time and date provided. However, some information, such as currency exchange rates, is considered indicative and is referred to as such. The Customer acknowledges that the information provided to him/her does not constitute a commitment to buy or sell by the Bank and that it is merely services provided by the Bank.


4. The Customer is responsible for all transactions carried out through the Service. If the Customer doubts the validity of any action or transaction carried out using the Service, he/she may object in writing to the Bank within 20 days from the date of the transaction or action in question, otherwise; the transaction or act will be considered valid, and the validity of financial transactions may not be appealed as long as they were carried out using the username and password of the Customer.


5. The Customer acknowledges that the Bank's data, records and information are correct, and the Customer who has previously subscribed to the Service or has previously used the Service at any time, may not appeal against the validity and/or accuracy of the Bank's information related to the Service.


6. The Service System contains self-protection procedures so that the Customer's service account will be suspended in the event of more than one failed attempt to enter the Service System, and; if the Customer mistakenly freezes his Service account, then he/she must refer to one of the Bank's branches to activate the account.


7. The Customer is responsible for the accuracy and validity of the data entered while using the Service.


8. The Customer may request the Bank in writing to cancel the Service.

The Applicable Laws:

The application and interpretation of these Terms and Conditions are subject to the laws in force in the Republic of Iraq, and the courts of Erbil City shall be the competent authority to settle any disputes arising therefrom in a manner that does not conflict with the Provisions of the Islamic Sharia.

Security Warnings:

1. The Bank will not require the Customer to send sensitive information, such as the username or password of the application, or any other information related to Bank cards, either via email, phone calls or any through any other means, and the Customer must promptly report to the Bank about any suspicious attempts.


2. The Customer is responsible for protecting the username and password.


3. Any suspicion of unauthorized login must be reported immediately in writing.

Notification of Legal Amendments:
The Customer must notify the Bank of any legal amendments that may occur to his/her status or company.

The Right to Use:
The use of the Services is limited to the Customer, i.e. the account holder alone.

Final Statement:
The Customer acknowledges that he has read, understood and fully agreed to the Terms and Conditions,

Complaints and Inquiries:
The Customer can contact the Customer Service Center for any inquiries or complaints through:

• Customer Service Phone Number/Email: 00964 66 211 5700
  [email protected]
• Check-in nearest branch of the Bank.