MOBILE TERMS AND CONDITIONS

These terms and conditions ("Terms") apply to and regulate the provisions of the specified products and services provided by the NBO through the Twitter account of any user ("User"). These Terms shall be in addition to and not in derogation of other terms and conditions of any account or any other Facility/Services offered by the Bank and/or such other terms and conditions as may be specified by the Bank.

Definitions:

The following words and phrases shall have the meanings set out herein below in this document unless repugnant to the context:

"Account(s)" shall mean an operative bank account maintained by the User with NBO which is eligible for availing the Facility which is being offered on Twitter Banking.

"Account Holder" shall mean an eligible User holding a Savings Account, with NBO.

"Application" shall mean Twitter Application on the Mobile Phone or PC.

"Customer ID" shall mean the unique ID given to every User holding an Account with NBO.

"Bank" and "NBO" shall mean National Bank of Oman (SAOG) its successors, assignees, agents and authorized representatives.

"Facility/Services" shall mean all the products and services offered by NBO to the User on Twitter Banking.

"GSM Number" shall mean the number specified by the User during Account Opening/registration for Mobile/ SMS Banking Service via NBO Branch or through any other channel offered by NBO.

"Mobile Banking Application" means any application relating to banking with NBO on any PC or Mobile Phone.

"Mobile Phone" shall mean a valid SIM card enabled smartphone (running on iOS or Android Windows operating system), which is owned by the User.

"PC" shall mean the personal computer (desktop, laptop etc.) of the User.

"Personal Information" shall mean any information about the User provided by the User to and obtained by NBO in relation to the Facility/Services.

"Transaction" shall mean request for View Balance, Mini-statement, Help, Foreign Exchange Rates Inquiry or any other services offered by NBO using Application on the Mobile Phone or through the Twitter site on the PC.

Eligibility and Usage:

This Facility shall be available to the Users in Sultanate of Oman, subject to the condition that the User registers for Twitter Banking Services. The User should have registered the User's current GSM Number with NBO and should be using NBO's Mobile Banking Application for availing the Facility offered by NBO under Twitter Banking. Also for the purpose of availing the Facility the User would need to have legal and valid access to the Twitter Application on the Mobile Phone or on the PC.

This Facility shall be made available only to the Users satisfying the eligibility criteria and shall be provided at the sole discretion of NBO and may be discontinued by NBO at any time, with or without prior intimation to the User.

The User understands and accepts that any other condition that is a pre-requisite to access and avail benefits under the Facility, including, but not limited to a Mobile Phone, Data Connection, etc. will be the sole responsibility of the User.

Authorization:

The User irrevocably and unconditionally authorizes NBO to access the User's Account and the Personal details registered with the Service for availing the Facility including effecting Banking or other transactions of the User through the Facility.

The User expressly authorizes NBO to disclose to the service provider or any other third party, all User Personal Information in its possession, as may be required to provide the services offered under the said Facility to the User.

The authority to record the User's details and transaction details is hereby expressly granted by the User to NBO. All records of NBO generated by the transactions arising out of use of the Facility, including the time of the transaction, Account details, Account balance, etc; recorded shall be conclusive proof of the genuineness and accuracy of the transactions.

The User authorizes NBO to send any rejection message or to reject any transaction/request, if it finds that the request sent by the User is not as per the requirements stipulated by NBO for availing the Facility.

NBO shall make all reasonable efforts to ensure that the User's Personal Information is kept confidential. NBO however shall not be responsible for any divulgence or leakage of confidential User Personal Information.

The User expressly authorizes NBO to carry out all request(s) or transaction(s) for and/or at the request of the User as are available to the User through Twitter Banking without the Bank having to verify the authenticity of any request or transaction purporting to have been received from the User through Service.

NBO shall have the option to introduce any new services through this Facility at any time in the future and the User shall be deemed to have expressly authorized NBO to register the User for such new services.

Registration for the Twitter Banking Services:

A User shall be required to register to avail Services through Twitter. For registration, a User will have to follow following steps –

  1. User should download and register for NBO Mobile Banking Application.
  2. User should login to the Mobile Banking App and activate Twitter Banking through the activation feature provided by NBO in the Mobile Banking Application.
  3. A one-time password (OTP) will be sent to the User on the registered mobile number. This OTP has to be entered in the Mobile Banking Application to register for Twitter Banking.
  4. User has to `follow the NBO Twitter Handle as specified by NBO to complete the registration process.

Liabilities and Responsibilities of the User:

  1. The User shall be responsible for the accuracy of any Personal Information provided by the User for availing the Facility.
  2. The User agrees to be bound by these Terms and shall be deemed to have read, understood and accepted these Terms in their entirety.
  3. The User shall be liable and responsible in case of any discrepancy found in the Personal Information provided by the User for availing service offered through the Service.
  4. If, the User suspects that, there is an error in the Personal Information supplied by NBO, the User shall inform the Bank immediately. NBO will endeavor to correct the error promptly wherever possible on a best effort basis.
  5. NBO shall not be held liable for any loss suffered by the User due to disclosure of the Personal Information to any service provider or third party by the Bank, for reasons including but not limited to participation in any telecommunication or electronic clearing network, in compliance with any legal or regulatory directives, for statistical analysis or for credit rating or for any legal or regulatory compliance.
  6. The User shall be liable to the Bank for any kind of unauthorized or unlawful use of any of the above mentioned OTP/passcode/Coupon Number or of the said Services or any fraudulent or erroneous instruction given and any financial charges thus incurred shall be payable by the User only.
  7. The User accepts that for the purposes of the said Facility any transaction emanating from the GSM Number registered by User shall be assumed to have been initiated by the User at the User's sole discretion.
  8. It is the sole responsibility of the User to request the Bank, to suspend the said Facility due to change of the User's registered GSM Number linked with the Customer Id. The User shall also be obliged to inform the Bank if any unauthorized transaction in the User's Account occurs, of which the User has knowledge.
  9. It shall be the responsibility of the User to update any Personal Information from time to time. NBO shall not be responsible for any innacuracies in the Personal Information whatsoever.
  10. The User shall be liable for all loss if the User has breached these Terms and other applicable terms & conditions or contributed or caused the loss by negligent actions or a failure on the User's part to advise NBO within a reasonable time about any unauthorized access made on the User's behalf in the Twitter Account.
  11. The User agrees that by use of this Facility, the User shall be deemed to have agreed to all these Terms and such Terms shall be binding on the User in the same manner as if the User has agreed to the same in writing.

Terms of Service:

  1. These Terms are in addition to the general terms & conditions of any Account or any other facility provided by NBO to its Customers.
  2. User shall register itself for using the Services in such manner and through such modes as may be specified and made available by NBO from time to time for availment and use of the Facility.
  3. NBO reserves the right to charge the User for the services offered under the said Facility.
  4. This Facility will be provided by NBO at the request of the User to enable the User to use it through Twitter Banking Services.
  5. The User irrevocably and unconditionally authorizes NBO to debit the User's Account/s with the transaction amount and the charges in connection with the Facility and these Terms.
  6. User agrees and confirms that, for the purpose of availing said Facility, the NBO and the Service will access User's Twitter profile, Personal Information, Customer ID and Bank Account details and those details will be stored at NBO's server database.
  7. For the purpose of availing this Facility, User shall take all necessary precautions to prevent unauthorized and illegal use of Twitter Account and services offered through the Facility.
  8. The User shall be responsible for maintaining the confidentiality of OTP/ passcode/Twitter login Id and password and for all the consequences which may arise due to use or misuse of such OTP/ passcode/Twitter login Id and password.
  9. The User shall be liable for all loss caused due to negligent actions or a failure on the User's part to immediately notify NBO about any unauthorized use/access made on the User's behalf in the Twitter Account or misuse of OTP/ Passcode/Coupon Number or any other breach of security regarding the Facility, of which the User has knowledge.
  10. The User irrevocably and unconditionally authorizes NBO to access all the necessary Personal Information for effecting transactions executed by the User under the Facility and to share the User's necessary Personal Information with any third parties for the purpose of accepting/ executing such requests.
  11. NBO may keep records of the transactions in any form it wishes. In the event of any dispute, Bank's records shall be binding as the conclusive evidence of the transactions carried out through the said Service.
  12. The User shall not use/access the Service and/or services offered through the Services in any manner other than as authorized by NBO. In case the User uses the Service for any purpose which is illegal, improper or which is not authorized under these Terms and other specified terms & conditions then NBO has a right to take all reasonable measures in order to prevent such unauthorized access by the User.
  13. The User confirms that, any instructions given by the User shall be effected only after validation of authentic OTP/Passcode used by the User for availing such Facility.
  14. The User shall while utilizing the Facility ensure that:
    • the User has authority to access and avail the Services obtained and shall duly comply with the applicable laws and regulations prevailing in Sultanate of Oman.
    • the User shall provide NBO with such Personal Information and/or assistance as is required by NBO for the performance of the Service and /or any other obligations of NBO under this Facility.
    • the User shall be responsible for providing accurate and authentic Personal Information/instructions to NBO for availing such Facility.
    • the User shall not at any time provide to any person, with any details of Accounts held by the User with NBO including the passwords, Account number which are allotted, from time to time.
  15. The User acknowledges that, the services offered by NBO under the said Facility shall be availed at the User's own risk and these risks shall include the following risks:
    • any technical error, failure, glitch, network failure, legal restraints and other reasons which is beyond control of NBO.
    • any loss, damages, etc. that may be incurred/suffered by User, for the reason that the Personal Information provided by the User turns out to be wrong/incorrect/inaccurate, for which NBO shall not be held responsible.
    • for the performance of any service provider/other third party/entity involved in the process; and for any loss or damage incurred or suffered by User for any error, defect, failure or interruption of the Service or consequences arising out of transactions done using Twitter Banking.
    • any loss or damage arising or resulting from delay in transmission delivery or non-delivery of online/electronic instructions or any mistake, omission or error in transmission or delivery thereof or in decrypting the instructions from any cause whatsoever or from its misinterpretation received or any act or even beyond control of NBO.
    • the technology for enabling the services offered by NBO under the said Facility over the Twitter Banking Services could be affected by virus or other malicious, destructive or corrupting code, program or macro. It may be possible that the said Facility of NBO may require maintenance and during such time it may not be possible to process the request/transaction of the Users. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inability. User understand that NBO disclaims all and any liability, whether direct or indirect, whether arising out of loss or otherwise arising out of any failure or inability by the Bank to honour any User instruction for whatsoever reason.
  16. The User agrees that NBO shall assume no responsibility in respect of:
    • The display of any information on Twitter or in connection with the Twitter Application.
    • Transactions carried out under the Service in good faith relying on User's instructions.
    • Not carrying out transactions (including where NBO has reason to believe in its sole discretion that the instructions are not genuine or are otherwise unclear, improper, vague or doubtful).
    • For any loss or damage incurred or suffered by User for any error, defect, failure or interruption of the Service or consequences arising out of delayed processing of transaction and for any reason which is beyond control of NBO.
    • User acknowledges and agrees that NBO remains a mere facilitator for this Service and that NBO does not warrant or claim any responsibility for this Facility nor does NBO endorse any such service and/or its standing or reputation whatsoever and NBO shall not liable for any deficient or bad services in any manner whatsoever and for any loss, whatsoever that User may suffer. The risk in this regard is entirely on the User.
    • Unauthorized access of any third party to the information (including any Personal Information)/instructions given by User to third party using said Facility.
    • For any direct, indirect or consequential damages occurred to User while availing this Facility, arising out of any error in the Facility and which are beyond control of NBO such as but not limited to User's Twitter account getting hacked, Twitter site being hacked, etc.
    • Any circumstances, events, damage or loss which has or may occur when NBO has acted in good faith.
    • Any loss, damage, liability caused or suffered by User due to disclosure or loss of all or any information (including any Personal Information) of a confidential nature.
  17. NBO shall not be liable for any consequences arising out of failure of any transaction done by the User due to inadequacy of funds in the Account and the User shall be responsible to pay the charges for the same.
  18. User agree that, charges if any for the Facility offered by NBO will be at the sole discretion of NBO and NBO is at the liberty to withdraw/modify/vary the same from time to time, without giving any notice to the User.
  19. The User agrees that, if the User's bank Account is closed/ blocked pursuant to the Facility, for any reason whatsoever, the User shall settle the issue by visiting the branch where the User had the Account maintained.
  20. The User shall remain responsible for any and all the transactions made through the Facility. NBO may withdraw or terminate the Facility anytime or in case of breach of these Terms by the User without a prior notice; or if NBO learns of demise, bankruptcy or lack of legal capacity of the User or for any other reason whatsoever.
  21. The User agrees to indemnify, defend and hold harmless NBO and its directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all losses, claims, demands, causes of action, debt or liability, including reasonable attorney's fees, and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from or in connection with:
    • any breach or non-compliance by User of any term of these Terms or any other additional terms & conditions and policies of NBO;
    • any dispute or litigation caused by or related to the User's actions or omissions in connection with the Facility;
    • any negligence or violation or alleged negligence or violation of any law or rights of a third party.

Limitations on transactions

  1. Currently NBO doesn't provide a facility for any fund transfer/utility payment transaction through Twitter Banking.  However, it reserves the right to offer or provide any other Service in or in connection with the Twitter Application to the User at any time in its sole discretion.

Indemnity:

In consideration of NBO agreeing to provide the Facility and access to the Service and/or other services to the User, the User shall, at the User's own expense, and hereby irrevocably agrees, to indemnify and keep NBO, its directors and employees, representatives, agents and/or affiliates (hereinafter referred to as "the related parties"), as the case may be, indemnified and harmless, at all times hereafter, from all losses, damages, costs, legal fees, charges and expenses and consequences whatsoever, on full indemnity basis, suffered or incurred or likely to suffer by NBO or the related parties on account of any claims, actions, suits or otherwise instituted by the User, or any third party whatsoever, arising out of or in connection with the use of the Facility and any and all transactions initiated by the use of the Facility and/or Service, whether with or without the knowledge of the User, or whether the same have been initiated bona fide or otherwise which transactions, the User hereby acknowledges, NBO or the related parties has processed on the User's transaction instructions and authority of the User in accordance with these Terms and other applicable specific Terms, as the case may be. The User further agrees and confirms that this indemnity shall remain valid and subsisting and binding upon the User notwithstanding partial withdrawal of the Facility.

The User will pay NBO and /or the related parties such amount as may be determined by NBO and/or the related parties to be sufficient to indemnify it against any such loss or expenses even though they may not have arisen or are contingent in nature.

The User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against it or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

Confidentiality and Disclosure:

To the extent not prohibited by applicable law, the NBO shall be entitled to transfer any Personal Information relating to the User and/or any other information given by the User for utilization of the Facility to Twitter (including any related entity or body of Twitter and their employees, consultants or representatives), to and between its branches, representative offices, affiliates, representatives, auditors and third parties selected by NBO, wherever situated, for confidential use in and in connection with the Facility. Further, NBO shall be entitled at any time to disclose any and all Personal Information concerning the User within the knowledge and possession of NBO to any other bank/association/financial institution or any other body. This clause will survive the termination of this agreement.

Accuracy of Personal Information:

The User takes the responsibility for the correctness of the Personal Information supplied by the User to the Bank through the use of the said Facility or through use of the Service or by any other means.

The User herein accepts that in case of any discrepancy in the Personal Information provided by the User with regard to this Facility the onus shall lie upon the User only and thus agrees to furnish accurate Personal Information at all times to NBO. If the User suspects that there is an error in the information supplied by NBO to the User, the User shall inform the Bank immediately. NBO will endeavor to correct the error promptly wherever possible on a best effort basis.

NBO shall also not be responsible for any error which occurs inspite of necessary steps being taken by the Bank to ensure the accuracy of the information provided to the User and the User shall not have any claim against NBO in an event of any loss/damage suffered by the User as a consequence of the inaccurate information provided by the Bank.

Termination:

NBO may, at its discretion, withdraw temporarily or terminate the Facility, either wholly or in part, at any time without giving prior notice to the User. NBO may, without prior notice, suspend the Facility at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Facility. The closure of the Account of the User will automatically terminate the Facility. NBO may suspend or terminate Facility without prior notice if the User has breached these Terms or NBO learns of the death, bankruptcy or lack of legal capacity of the User. Except as otherwise provided by the applicable law or regulation, NBO reserves the right to terminate the Facility and/or expand, reduce or suspend the transactions allowed using this Facility, change the process and transaction limits associated with this Facility based on security issues, at any time, without any prior notice to the User.

Disclaimers:

NBO shall not be liable for, and shall be absolved of, any liability in or in connection with any of the following circumstances:

    • The User fails to avail the Facility due to force majeure conditions including but not limited to not being in the required geographical range or any other reason including natural calamities; legal restraints any technical lapses in the telecommunication network or any other reasons beyond the actual control of NBO, the Bank shall not be accountable. Also the Bank is herein absolved of any kind of liability arising due to a loss; direct or indirect incurred by the User or any other person due to any lapse in the Facility owing to the above-mentioned reasons.
    • There is any unauthorized use of the User's Passcode, OTP or GSM Number for any fraudulent, duplicate or erroneous transaction instructions given by use of the User's Passcode, OTP or GSM Number.
    • There is loss of any information during processing or transmission or any unauthorized access by any other person or breach of confidentiality.
    • There is any lapse or failure on the part of the service providers or any third party affecting the said Facility and NBO makes no warranty as to the quality of the service provided by any such service provider or any third party.
    • Any loss incurred by the User due to use of the Facility by any other person with an express or implied permission of the User. NBO shall not be held responsible for the confidentiality, secrecy and security of the Personal Information or Account information being sent through the Facility for effecting the User's instructions.

      NBO shall act on any transaction instructions received by NBO from the User and NBO does not warrant the confidentiality or security of the information, messages or notifications whether personal or otherwise transmitted on or through the Twitter Application, the Mobile Application, any network or the Service in respect of the said Facility. NBO makes no warranty or representation of any kind in relation to the Twitter Application, the Mobile Application, any network or the Service or their function or performance and will not be liable for any loss or damage whenever and howsoever suffered or incurred by the User or by any person resulting from or in connection with the Twitter Application, the Mobile Application, any network or the Service.

      NBO, its directors and employees, agent or contractors, shall not be liable for or in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the User or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of the Bank in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the User and the network of any service provider and the Bank's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the User, the Bank's system or the network of any service provider and/or any third party who provides such services as is necessary to provide the Facility.

      Notwithstanding anything in the contrary provided in these Terms, NBO shall not be involved in or in any way liable to the User for any dispute between the User and a cellular services provider or any third party service provider (whether appointed by NBO or otherwise).

      NBO shall not be held liable for any loss suffered by the User due to disclosure of the Personal Information to a third party by the Bank (including any regulator), for reasons inclusive but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for statistical analysis or for credit rating.

      Modification / Alterations to the Facility:

      NBO reserves the absolute discretionary right to make any amendments in these Terms at any time as it may deem fit without any prior notice to the User. Any such amendment shall be communicated to the User by displaying on the website http://www.nbo.om; and the User shall be immediately bound by such amended terms and conditions.

      Communication:

      NBO shall provide notices  of a general nature regarding the Facility and these Terms, which are applicable to all Users of the Facility, on the website http://www.nbo.om and/ or also by means the customized messages and notifications sent to the User over the User's GSM Number as short messaging service ("SMS"). In addition NBO may also publish notices of a general nature, which are applicable to all Users of the Facility. Such notices will be deemed to have been served individually to each User.

      Governing law and jurisdiction:

      The construction, validity and performance of these Terms shall be governed in all respects by the laws of Sultanate of Oman. The parties hereby submit to the exclusive jurisdiction of the competent courts at Sultanate of Oman which courts shall have jurisdiction in the matter to the exclusion of any other courts, irrespective of whether such other courts have similar jurisdiction in the matter. NBO is absolved of any liability arising, direct or indirect, for non-compliance with the laws of any country other than Sultanate of Oman where the Facility is accessible.