TABLE OF CONTENTS
- Security & Limitation of Liability
- Execution of Instructions
- Correctness of Information
- Limitation / Termination of the Use of Emerio Secure Login Service
The following terms and conditions as amended from time to time (the "Terms and Conditions") are the general terms and conditions between EMERIO BANQUE LTD (the "Service Provider") and each person (whether natural or legal) to whom the Service Provider provides Secure Login services (the "Customer", which term shall include executors, administrators of estate and heirs or successors and lawful attorneys, receivers and liquidators, custodians and trustees). The Terms and Conditions form a binding contract between the Customer and the Service Provider, which governs the provision of all services offered by the Service Provider to the Customer, including the Service Provider's electronic Secure Login services, and the operation of any account which may be opened by the Customer with the Service Provider (an "Account"), including accounts connected to the Service Provider's electronic Secure Login service and accounts connected to the Service Provider's cards. Any special agreements that may be reached between the Service Provider and the Customer with respect to any service offered by the Service Provider to the Customer, or any Account, shall be read together with the Terms and Conditions, provided that in the event of any conflict or discrepancy the provisions of the former shall prevail.
The provisions of this Section D as amended from time to time are in addition to the remaining Sections and form an integral and indivisible part of the Terms and Conditions. In the event of any inconsistencies between the provisions of this Section D and the remainder of the Terms and Conditions, the former shall prevail in respect of the Customer's use of Emerio Secure Login.
These definitions shall apply to the provisions of this Section
"Account" means an account held with the Service Provider and/or to be held with the Service Provider in the name of the Account Holder.
"Account Holder" means the Customer or Customers, whether natural, incorporated or unincorporated who has/have the Application for Use of Emerio Secure Login which has been accepted by the Service Provider for the use of the services offered by Emerio Secure Login from time to time.
"Authorised User" means the Account Holder and any person/s authorized by the Account Holder to use any of the services offered by Emerio Secure Login.
"Computer" means the computer of a User which he uses to gain access to Emerio Secure Login through the Internet, or through any other means of electronic connection, as shall be determined by the Service Provider from time to time.
"Internet" means the international information network.
"Emerio Secure Login" means the services provided or which may be provided, from time to time, by the Service Provider for the execution of financial and/or Secure Login and other transactions and/or orders and/or instructions, through the Internet, as shall be determined by the Service Provider from time to time.
1. Each Authorized User may use Emerio Secure Login to access any Account, obtain statements and information in relation to any Account, and request payments and transfers in relation to any account.
2. The Service Provider will provide the Account Holder with a username and password to access Emerio Secure Login system. In the event that an Authorized User has forgotten his password, he can apply to the Service Provider for a new password.
3. The Account Holder must ensure that any Authorised User accepts and always fully complies with the provisions of this Section D. In addition, subject to and in accordance with applicable laws and regulations, the Account Holder shall ensure that each Authorised User complies with all the mandates and/or instructions and/or directives issued by the Service Provider from time to time for the operation of Emerio Secure Login.
5. The provisions of this Section D regulate and/or define the mutual responsibilities of the Service Provider and the Account Holder in respect of the latter's dealings through Emerio Secure Login with the Service Provider.
6. The Account Holder shall ensure that each Authorised User maintains any account of the Account Holder within the limits of any credit facility that may have been provided to the Account Holder by the Service Provider with respect to such account. The Service Provider shall have the absolute right to refuse the execution of any instruction which results in exceeding the limit of any credit facility that may have been provided to the Account Holder by the Service Provider.
7. Transfer of funds from an account of the Account Holder to the credit of another account shall be made subject to acceptance by the holder of such other account. If this holder refuses to accept the credit of its account, the Service Provider shall not execute the transfer.
8. The Account Holder shall ensure that all instructions given to the Service Provider by any Authorised User are accurate and complete. An Authorised User can only cancel or change instructions where the Service Provider has not begun to execute the relevant instructions at the time it receives notification of the request for the cancellation or change.
9. The Service Provider shall have the absolute right to approve or reject any application for subscribing to Emerio Secure Login.
Security & Limitation of Liability
10. The Account Holder irrevocably authorities the Service Provider to accept any instructions given through Emerio Secure Login with the Account Holder's username, and password, or with the use of any other security procedures that the Service Provider may from time to time set in place and of which it shall inform the Account Holder in writing. The Account Holder declares, accepts and warrants that it bears full responsibility to ensure the compliance of all Authorised Users with the provisions of this Section D, and that it bears full responsibility for any instructions provided in accordance with this paragraph 10.
11. The Authorised Users must only use Emerio Secure Login, the username, the password, and the PIN, in accordance with the provisions of this Section D and subject to and in accordance with any applicable laws and regulations and any such other terms and conditions that the Service Provider may from time to time adopt and notify to the Account Holder in any manner the Service Provider deems appropriate.
12. In addition to all other security measures contained in the provisions of this Section D, the Account Holder undertakes to ensure that each Authorised User will adhere to the following security procedures which the Account Holder recognises are essential to avoid access by unauthorized persons to the Account Holder's Account. The Account Holder recognises and agrees that he shall be fully liable for any loss caused either to himself, the Service Provider or any other person as a result of any Authorised User's failure to adhere to the safety procedures:
- (a) The Authorised Users must take all necessary precautions to prevent fraudulent use of the username, password, or PIN and must never disclose the username, password or PIN to any unauthorised person. The Authorised Users must at all times be aware that under no circumstances whatsoever will an employee of the Service Provider request him to disclose to such employee or to anyone else his username, password or PIN. Each Authorised User must at all times take all necessary measures (i) to protect and keep secret his means of access to Emerio Secure Login as well as his username, password and PIN, (ii) to keep safe his OTP Token or Display card, and (iii) must never write down his username or password in a way which could be revealed to anyone.
- (b) Each Authorised User must be aware of his surroundings when accessing Emerio Secure Login and must ensure that he is not being watched by someone or filmed on close circuit television.
- (c) An Authorised User must never leave his computer unattended while logged in.
- (d) An Authorised User must ensure that no key logging programs run on his computer since in such case his username, password or PIN may be seen and/or recorded.
- (e) An Authorised User must take all reasonable measures on a regular basis to ensure that his Computers are, and to maintain them, free from all forms of software based malware including but not limited to spyware, viruses, trojans, key loggers, rootkits and worms. Reasonable measures include as a minimum, but are not limited to, the installation and maintenance of an up to date: antivirus system, spyware removal tool, rootkit scanner, and firewall.
- (f) The Authorised Users must be vigilant and cautious with regards to electronic mail based systems including e-mail. The use of electronic mail based systems should be limited to use within the precautions set out in point (e). Extra vigilance must be displayed with regards to mails of unknown origins. At a bare minimum, mail attachments from an unknown sender must never be opened.
- (g) The internet site address for Emerio Secure Login is https://login.emerio Banque.com . An Authorised User must never act on the basis of any e-mail, letter or other communication allegedly sent or expressed by the Service Provider which instructs or encourages him to visit any other site representing that it is another, or the new site of Emerio Secure Login.
13. An Authorised User must immediately inform the Service Provider in the event that he detects or realises:
(a) The loss or theft of his username, password, or the fact that his access or means of access to Emerio Secure Login, his username or password, may be subject to or exposed to abuse or misuse.
(b) The debiting of any of his Accounts with the amount of any transaction effected outside of his will.
(c) Any error or malfunction in the keeping of any of his Accounts by the Service Provider.
14. The Account Holder shall be fully responsible for any instructions, relating to any Account, which the Service Provider receives through Emerio Secure Login. The Service Provider shall be entitled to act on any such instructions, and shall bear no liability or responsibility for any losses incurred by the Account Holder and the Account Holder shall be liable for all of the transactions carried out on any of his Accounts. The Service Provider is under no obligation to verify the identity of any person giving any instructions, provided that the instructions are given in accordance with paragraph 10 of this Section D, and the Account Holder shall bear full responsibility with respect thereto.
15. If access is achieved through Emerio Secure Login to any of the Accounts, the Service Provider will not be held responsible in any way for any losses whatsoever which any Authorised User or any other person may suffer as a result of the unauthorised access irrespective of whether such access was achieved with or without the use of the username, password, PIN or any other security code.
16. Save as provided by any applicable law and regulations, the Service Provider shall not be liable for any loss or damage to any Authorised User or any third person for any unprocessed or incorrectly processed instruction, due to negligence or electrical, electronic, mechanical, communication or similar failures or loss or damage resulting from incorrect information, misstatements of information, corruption of data, the malfunction of Emerio Secure Login, strikes, war, natural disasters or any other causes if same are beyond the Service Provider's control. The Account Holder shall be liable and shall indemnify the Service Provider for any loss or damage suffered and/or to be suffered by the Service Provider in case such loss or damage is caused by reason of any act or omission of the relevant Authorised User, his agents and/or servants.
17. If for any reason whatsoever, it appears to the Service Provider that an unauthorised person has used or attempted to use Emerio Secure Login, in order to interfere in any way with the Account(s) of any Account Holder or to give any type of instructions to the Service Provider, the Service Provider may disclose any relevant information to the police or such governmental or other authorities as it considers appropriate without first notifying the Account Holder. Notwithstanding the above-mentioned, if an Authorised User knows or suspects that any third person knows or may know the username or password or that any unauthorised instructions have been provided in connection with any of the Accounts, the Authorised User must immediately change his password on Emerio Secure Login.
18. Emerio Secure Login is not directed to nor intended for distribution or use by any person or entity in any jurisdiction or country where the publication, use or availability of Emerio Secure Login would be contrary to local law or regulation. It is the responsibility of the Account Holder to comply with the applicable local, national or international laws.
19. Each Authorised User's access to and use of the Service Provider's website is at the Account Holder's own risk. The Service Provider provides no warranty that the use of the Emerio Secure Login System or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.
20. The Account Holder must and has a duty to inform the Service Provider at once, in writing, of any change in his and/or any Authorised User's name, address, telephone number and/or e-mail address.
21. All telephone conversations may be recorded, and may be monitored and kept for such period of time, as the Service Provider from time to time shall decide.
22. The Service Provider shall have the right to introduce and/or adopt, from time to time, any additional codes and/or other security measures or procedures and it shall inform the Account Holder of same in writing.
Execution of Instructions
23. The Service Provider shall use all reasonable efforts to execute instructions received in accordance with paragraph 9 of this Section D within the following time frame:
- a) Instructions received on any Business Day shall be processed on the same day or on the following Business Day the latest depending on the time the relative instructions were given to the Service Provider and on the nature of the instructions. The date on which the instructions are processed shall be referred to as "the execution date".
- b) In case the execution date is a Service Provider holiday or the Service Provider is closed on that day, the instructions will be executed on the following Business Day.
- c)The Service Provider reserves the right to delay the execution or / not to execute any instructions for transfers of funds if such instructions exceed the internal security limits set by the Service Provider, which are designed to protect the security interests of each Authorised User and the Service Provider and in such an event the relevant Authorised User shall be notified through Emerio Secure Login of the fact that his instructions have not been executed.
All debits which will have to be allocated to any Account of the Account Holder shall be effected on the date on which the relevant instructions shall be executed.
24. In the case of instructions for fund transfers in foreign currency, the exchange rate that will be used for the transaction will be the Service Provider's applicable exchange rate as at the time the execution is carried out.
25. The Service Provider is not obliged to notify any Authorised User of the non-execution of any instructions due to lack of funds in the Account Holder's account or for any other reason except as provided by relevant law or the Terms and Conditions.
26. The Service Provider does not undertake to effect, after the due date, any payment which has not been effected on the due date, owing to lack of funds in the Account Holder's account, or for any other reason except as provided by applicable law or the Terms and Conditions.
27. Except as provided by applicable law, the Service Provider shall not under any circumstances bear any liability for any delay for whatever reason in the processing or execution of any instructions given under the provisions of this Section D or otherwise.
Correctness of Information
28. The Service Provider shall exert all reasonable efforts to ensure the correctness of any information received through Emerio Secure Login but, except as provided by applicable law, the Service Provider shall not be responsible for the correctness of such information or for any loss, whether direct or indirect, suffered by an Authorised User or any third person where information is inaccurate.
29. The Service Provider may change the information contained on its website, or otherwise provided to the Account Holder in relation to the Emerio Secure Login, without notifying the Account Holder.
Limitation / Termination of the Use of the Emerio Secure Login
30. The Service Provider may at any time and at its absolute discretion require that an Authorised User stops using his username, password or PIN, and the Service Provider shall have the right at any time, with or without prior notification of this intention, not to allow the use of the username, password or PIN provided that such right shall not be unreasonably exercised. Without limitation to the generality of the foregoing it is understood that the Service Provider shall be deemed to be acting reasonably in not allowing the use and/or permitting access to Emerio Secure Login through the use of the username, password or PIN in all cases where the Service Provider in its absolute discretion endeavours to protect the interests of the Account Holder or any other customer of the Service Provider.
31. Subject to the provisions of any applicable laws and regulations, the Service Provider may at any time extend or limit the services offered through Emerio Secure Login and at its absolute discretion decide the hours and the days during which Emerio Secure Login or certain of the services provided through Emerio Secure Login may be available, and may at any time and at its absolute discretion vary and/or amend its electronic Secure Login services and/or its website at any time. The Service Provider has the right to suspend altogether the operation of Emerio Secure Login. The Service Provider shall give notice to the Account Holder with regard to any of the above in due course, in any way it deems appropriate. For the avoidance of doubt, the Service Provider will not be responsible for any loss or damage (whether direct, indirect, consequential or otherwise) arising out of any failure to provide the electronic Secure Login services or access to its website.
32. The Service Provider shall have the right at any time to withdraw, restrict or vary the abilities of the Account Holder and/or any Authorised User to use Emerio Secure Login or any part thereof. The Service Provider shall give notice to the Account Holder with regard to any of the above in due course, in any way it deems appropriate. In addition, the services offered by Emerio Secure Login may be restricted by the Account Holder in respect of any Authorised User by giving written instructions to the Service Provider, provided that the receipt of such instructions is confirmed by the Service Provider.
33. The Service Provider reserves the right to terminate the availability of Emerio Secure Login by giving 7 days' notice to the Account Holder in any way it deems appropriate and the Account Holder may terminate same by giving the Service Provider 15 days' notice in writing.
34. Termination of the availability of Emerio Secure Login to the Account Holder will not affect any accrued rights or affect any representations, warranties and indemnities given by the Account Holder, or any confidentiality obligation of the parties, which shall survive termination.
35. On termination of the availability of Emerio Secure Login to the Account Holder for any reason, the Service Provider shall execute any instructions that were placed prior to the termination, or which are already in progress at the time of the termination, and the provisions of this Section D shall continue to bind both parties in relation to such instructions and the Service Provider may require the Account Holder to pay charges reasonably incurred as a result of termination.
36. Save as provided by any applicable laws or regulations, the Service Provider, at any time and at its absolute discretion, may refuse to execute any instructions and/or provide any information and/or provide any service to any Authorised User.
Emerio Banque Ltd
Legail Entity Identifier: 875500DGPPWAFABBK130
First Floor, Templeback
10 Temple Back, Bristol BS1 6FL