Mobile Banking and ARX
Terms of Service & End User License Agreement
End User License Agreement – Terms & Conditions
THIS IS AN AGREEMENT BETWEEN PILATUS BANK PLC (THE ‘BANK’, ‘we’, ‘us’, ‘our’ or other similar pronouns), THE PROVIDER OF AN APP KNOWN AS ‘PILATUS BANK ARX’ (‘ARX’), AND YOU, A USER OF ARX AND/OR THE CORRELATED SERVICES, THAT ARE BEING MADE AVAILABLE TO YOU BY THE BANK FOR USE ON AN ELECTRONIC DEVICE(S).
ARX MAY BE UTILIZED BY THE USER FOR THE PURPOSE OF COMMUNICATING WITH A REPRESENTATIVE OF THE BANK AND/OR WITH VARIOUS PARTIES RELATED TO THE USER TOGETHER WITH A REPRESENTATIVE OF THE BANK ON BANKING AND FINANCIAL PRODUCTS OR SERVICES (COLLECTIVELY THE ‘SERVICES’.
BY USING ARX AND/OR THE CORRELATED SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS.
IF YOU CHOOSE NOT TO AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD, INSTALL OR USE ARX.
YOU MAY HAVE CERTAIN STATUTORY RIGHTS THAT CANNOT BE MODIFIED BY CONTRACT. NO PROVISION IN THIS DOCUMENT SHALL HAVE THE EFFECT OF MODIFYING THOSE STATUTORY RIGHTS TO THE EXTENT SUCH MODIFICATIONS ARE EXPRESSLY PROHIBITED BY APPLICABLE LAW.
IF A TRANSLATION OF THESE PROVISIONS INTO ANY OTHER LANGUAGE IS REQUIRED BY LAW, THE ENGLISH VERSION OF THIS DOCUMENT WILL PREVAIL TO THE EXTENT THAT THERE IS ANY CONFLICT OR DISCREPANCY IN MEANING BETWEEN THE ENGLISH VERSION AND ANY TRANSLATION THEREOF. IF THESE PROVISIONS ARE PROVIDED TO YOU IN A LANGUAGE OTHER THAN ENGLISH, THE BANK DOES SO SOLELY AS A CONVENIENCE TO YOU.
YOUR AGREEMENT WITH THE BANK IS MADE UP OF THE TERMS AND CONDITIONS SET OUT IN THIS DOCUMENT, TOGETHER WITH THE BANK’S GENERAL TERMS AND CONDITIONS (WHICH ARE AVAILABLE ON THE BANK’S INTERNET SITE AT http://www.pilatusbank.com), AS APPLICABLE. TO THE EXTENT OF ANY INCONSISTENCY BETWEEN THIS DOCUMENT AND THE ADDITIONAL TERMS AND CONDITIONS, THIS DOCUMENT SHALL TAKE PRECEDENCE.
ANY TERMS NOT DEFINED IN THESE TERMS AND CONDITIONS SHALL HAVE THE SAME MEANING AS ASSIGNED TO THEM IN THE BANK’S GENERAL TERMS AND CONDITIONS.
IT IS IMPORTANT THAT YOU READ THE ENTIRETY OF AND UNDERSTAND THESE TERMS AND CONDITIONS.
Acceptance of the Terms and Conditions
1. In order to download and install ARX as well as use the correlated Services through ARX, you must first accept these Terms and Conditions. These Terms and Conditions are accepted by you when:
(a) You click to agree and accept these Terms and Conditions; or
(b) You download, install and use ARX and the correlated Services through ARX.
2. You cannot accept these Terms and Conditions if:
(a) You are not lawfully entitled to use ARX and the correlated Services in the country in which you are located or reside; or
(b) You are not of legal age to form a binding agreement with the Bank.
3. ARX including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto, whether made available for free or for a fee, are provided to you by the Bank.
4. The Bank provides you with ARX to enable you to access the Services. The Services available through ARX are provided by the Bank.
5. In communicating with the Bank through ARX you accept to submit status texts, profile photos and other communications related to your personal profile, including the automatic submission of your ‘last seen’ status (the ‘Status Submissions’), as well as texts, photos and videos (collectively the ‘User Submissions’).
6. Any false, misleading or inaccurate information provided by you may result in civil and/or criminal liability.
7. The Bank takes no responsibility for your failure to comply with the obligations set out under this heading and throughout these Terms and Conditions.
8. Prior to your first use of ARX, you will be asked to set up your personal profile and choose a user ID and password (the ‘User Account’). We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols.
9. You are solely responsible and liable for all activities conducted through your device. To prevent unauthorized use, you shall utilize a biometric authentication system in order to ensure that access to your device and ultimately your User Account is restricted to you. If you suspect that someone else has accessed your device through its biometric authorization system, then you shall immediately take all actions necessary in order to protect the security of your device and ultimately your User Account. The Bank shall not be held liable for any communications created and/or transactions undertaken through your User Account if third parties enter into the biometric authentication system on your device and your User Account is accessed or compromised in any way and this irrespective of whether such access is with or without your knowledge and/or permission.
10. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. The Bank takes no responsibility for your failure to comply with the obligations set out in this paragraph and hereunder.
11. You must take all reasonable precautions to keep your device safe. Moreover, you must take all reasonable precautions to prevent fraudulent use of your security details which includes the biometric identifiers on your device, as well as your user ID, PINS and passwords. These precautions include, but are not limited to all of the following:
a) Never writing down or otherwise recording your PIN and other security details in a way that can be understood by someone else;
b) Not choosing security details that may be easy to guess;
c) Taking care to ensure that no one hears or sees your security details when you use them;
d) Keeping your security details unique to ARX;
e) Not allowing anyone else to enter their biometric identifiers into the biometric authentication system on your device;
f) Not allowing anyone else to have or use your PIN or any of your other security details and not disclosing them to anyone except when registering for or resetting your security details;
g) Not allowing anyone else to enter their biometrics into the biometrics authentication system on your device;
h) Keeping information about your use of ARX safe and, where applicable, disposing of it safely;
i) Changing your security details immediately and informing us as soon as possible if you know, or even suspect, that someone else knows any of those details, or if the Bank requests you to;
j) Keep your PIN and other security details safe and secret;
k) Never access ARX from any public internet access device or access point without first making sure that no one else will be able to observe or copy your access or get access to ARX by pretending to be you;
l) Once you have logged on to ARX, do not leave the device from which you have accessed it or let anyone else use that device until you have logged off; and
m) Follow all security measures recommended by the manufacturer of the device that you use to access ARX, for example, the use of the biometric authentication system or personal identification numbers for device with internet access.
12. You are required to co-operate with us and/or law enforcement authorities in relation to any investigation into the actual or suspected misuse of your security system details and/or User Account(s). You must report any unauthorized transactions to the law enforcement authorities within seven (7) days of our request. The Bank may also disclose information about you, your User Account and/or Account(s) to the law enforcement authorities or other third parties if the Bank believes it will help prevent or recover losses. If asked, you must confirm in writing the loss or theft of your security details.
13. You must refrain from:
(a) Intercepting or monitoring, damaging or modifying any communication which is not intended for you;
(b) Using any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble ARX;
(c) Sending unsolicited communications or any communication not permitted by applicable law or use ARX for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) Exposing any third party to material which is offensive, harmful, indecent or otherwise objectionable in any way;
(e) Using ARX to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of any third party; or
(f) Using (including as part of User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
(g) Collecting or harvesting any personally identifiable information, including account names from ARX;
(h) Impacting or attempting to impact the availability of ARX for example, with a denial of service or distributed denial of service attack;
(i) Using or launching any automated system, including without limitation, robots, spiders or offline readers that access ARX. Notwithstanding the foregoing, you agree that the Bank may grant to the operators of public search engines permission to use spiders to copy materials from the Bank for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Bank reserves the right to revoke these exceptions at any time;
(j) Responding to any unsolicited requests for passwords or other data such as bank account details; and
(k) Recording features pertaining to multiple persons on the bio-metric system of your device.
14. You represent and warrant that:
(a) The information provided by you to the Bank for the purpose of supplying ARX is complete, up-to-date and accurate;
(b) You own or have the necessary licenses, rights, consents and permissions to use and authorize the Bank to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms and Conditions;
(c) You have the written consent, release and/or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms and Conditions. You shall not copy, post or use text, photos, pictures, images or any other content from any third party or source (‘Third Party Content’) without specific permission from the owner; and
(d) You are not located in a country that is subject to a US, UN or EU embargo or that has been designated as a ‘terrorist-supporting’ country, and you are not listed on any official list of prohibited or restricted parties.
15. By downloading and installing ARX, you agree to the use of electronic communication in order to enter into contracts, place orders and create other records as well as to the electronic delivery of records of transactions using ARX, notices, policies and changes thereto.
Use of ARX
16. Subject to your compliance with these Terms and Conditions, you are granted a limited, non-exclusive, non-licensable, non-assignable possibility to download, install and use ARX. You may install ARX on one or more devices with access to the internet, such as, mobile phones and tablets.
17. The Bank does not charge you for downloading and installing ARX on your device.
18. Users will be charged for the use of ARX according to the tariffs indicated in the General Tariffs.
19. Moreover Users shall also be separately charged for the Services rendered by the Bank according to the tariffs indicated in the General Tariffs.
20. Irrespective of whether the ARX messages being sent are free or otherwise, the User shall always be charged for the Services rendered by the Bank as per the General Tariffs.
21. In order to download, install and use ARX you will need an internet broadband connection. You are responsible for providing all that is required to access the internet or enable communications.
22. The Bank cannot guarantee that ARX will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of ARX, and may result in the failure of your communications including but not limited to your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. The Bank takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which it has no control.
23. The Bank seeks to constantly improve ARX and the correlated Services. For this purpose, the Bank may, from time to time, check your version of ARX and automatically download configuration changes and updates to ARX. You may be required to update ARX in order to continue using it. Maintenance and updates may be required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. This may require the Bank to suspend or limit your use of some or all of the functionalities of ARX until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, the Bank will publish the time and date of such suspension or limitation on its website. You will not be entitled to claim damages for such suspension or limitation of the use of ARX.
24. You agree to accept such updates subject to these Terms and Conditions unless other Terms and Conditions accompany the updates. If you do not agree, please discontinue use of and uninstall ARX.
25. The Bank may at its sole discretion stop providing ARX (or limits access to it) including (without limitation) if it is no longer feasible for the Bank to provide it, the technology advances and external issues that arise make it imprudent or impractical to continue.
26. The Bank reserves the right to review content submitted on or through ARX. The Bank may, in its sole discretion, block or otherwise prevent delivery of any communication to or from ARX as part of its efforts to protect ARX, the Bank and its directors, officers, employees or customers, or to otherwise enforce these Terms and Conditions.
27. The following rules apply to your conduct and content when using ARX:
(a) Do not use ARX to do anything illegal. You are responsible for your actions and the consequences of your actions;
(b) Do not send spam or permit others to use ARX to send spam;
(c) Do not upload, download or share inappropriate images;
(d) Do not engage in activity that is false or misleading;
(e) Do not engage in activity that is harmful to ARX and its users, such as the spreading of viruses;
(f) Do not infringe upon the legal rights of others, such as the unauthorized sharing of content which is protected by copyright;
(g) Do not engage in activity that violates the privacy of others;
(h) Do not circumvent, disable or otherwise interfere with the security related features of ARX or features that prevent or restrict the use of any content;
(i) Do not resell or commercialize ARX to any third party.
28. The Bank does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product name, product feedback and product improvements (‘Unsolicited Feedback’). If you send any Unsolicited Feedback to the Bank, you acknowledge and agree that the Bank shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
29. If the Bank receives any notification that any content that you post, upload, edit, host, share and/or publish on ARX is inappropriate, infringes any rights of any third party or if the Bank wishes you to remove any content for any reason immediately, the Bank reserves the right to automatically remove such content for any reason immediately or within such other timescales as may be decided from time to time by the Bank in its sole discretion. Such content shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that the Bank is under no obligation to put back such content at any time. If any content infringes, or if you believe that any content infringes any of your rights or is unlawful, please contact the Bank by dialing 00356 277 99999 or alternatively, your Relationship Manager. The Bank reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the content), and you acknowledge and agree that any complaint may be used in court proceedings.
30. The Bank reserves the right to ask you to remove your content if it violates these Terms and Conditions or any applicable law. Moreover, the Bank reserves the right to remove your content without asking or informing you if it determines that it is in violation of these Terms and Conditions or any applicable law.
31. If your personal security details have been used to access ARX and we have not received any formal notification from you in this respect, we will act on any instruction we receive via ARX, but we may make further fraud prevention checks into an instruction and may refuse to act on an instruction:
(a) If we are not reasonably satisfied the instruction is lawful;
(b) If we consider ARX has been or likely to be misused; or
(c) For fraud prevention purposes.
32. If the Bank refuses to act on an instruction, we will make reasonable efforts to inform you or make this information available to you; in doing so, we may include the reasons for the refusal and any factual errors that led to the refusal.
33. You are able to submit payment instructions through ARX by logging on to your User Account and responding to other security features which form an integral part of ARX. When you have provided your payment instructions, you will be requested to confirm said instructions; this will be your agreement for us to make the payment. The Bank may, at its sole discretion, apply additional security measures and/or require additional security information for accessing ARX and/or submit payment instructions. The Bank may notify you from time to time of changes in the security information/measures the Bank may require.
34. By downloading, installing and logging in to ARX, you agree that electronic records and signatures carry the same weight and legal effect as handwritten signatures on traditional paper documents. You agree that an handwritten signature attaching or logically associated with an electronic document or other record that is executed by you cannot be denied legal effect or enforceability solely because it attaches or is logically associated with an electronic document or other record.
35. The Bank shall retain records reflecting the process by which the signature was created, attached and sent.
36. If you communicate with the Bank through ARX we will aim to respond to you within two (2) working days. If this is not possible or the Bank is not willing to answer your query or comply with your request within this timescale, or at all, we will aim to let you know this within two (2) working days.
37. ARX allows you to submit Status Submissions and User Submissions. These Status and User Submissions may be hosted, shared and/or published as part of ARX and may be visible to other users of ARX who have your contact details stored in their device and which you have not expressly blocked. Currently, the Bank has no method of providing different levels of visibility of your Status Submissions among users that have your contact details and, consequently, you acknowledge and agree that any Status Submissions may be globally viewed by users that have your contact details.
38. Direct messages, location data and photos or files that you send directly to other ARX users will only be viewable by those ARX user(s) or group(s) you directly send such information, but Status Submissions may be globally viewed by ARX users that have your contact details, unless the user is blocked by you.
39. You acknowledge and agree that any of your User Submissions may be viewed by those users that you have granted access to such User Submissions as well as other users who must be granted access to such User Submissions in order for the Bank to be able to provide the Services. Consequently the Bank shall not be liable for any disclosure of confidential information that you may disclose through ARX to third parties who have no authorization to receive or have access to this information.
40. You specifically acknowledge that the Bank shall not be liable for User Submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
41. ARX is not a replacement for your ordinary device services. For instance, ARX does not allow you to contact emergency services. You must therefore make alternative communication arrangements to ensure that you can make emergency calls if needed.
42. You may not and you agree not to:
(a) License or sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to ARX to any third party;
(b) Undertake, cause, permit or authorize the modification, creation if derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of ARX or any part or features thereof (except to the extent permitted by law);
(c) Remove, obscure or alter any copyright notices or other proprietary notices included in ARX;
(d) Use ARX or cause ARX to be used within or to provide commercial products or services to third parties.
43. In some geographical regions there may be restrictions on the use of ARX. It is your responsibility to ensure that you are legally allowed to use ARX where you are located.
44. ARX may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to ARX as well as end-user, end-use, destination restrictions issued by national governments or similar bodies and restrictions on embargoed nations.
45. ARX contains proprietary and confidential information that is protected by intellectual property laws and treaties.
46. The term ‘ARX’, associated trademarks and logos pertain to the licensor. Moreover, the content and compilation of content included in ARX such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of the licensor, and are protected by the laws of the United States of America and international copyright laws. Such copyright protected content cannot be reproduced nor shall any trade name, trademark, logo, domain name or other name or sign that incorporates any of the licensor’s and/or the Bank’s intellectual property (in whole or part) be registered or used.
47. The licensors of ARX retain exclusive ownership of ARX and all intellectual property therein (whether or not registered anywhere in the world). You will not take any action to jeopardize, limit or interfere with the licensor’s intellectual property rights in ARX.
48. The service provided by ARX and all copies, modifications and derivative works thereof, and the underlying software and your use of the Services, whether provided on a gratuitous basis or otherwise, does not grant to you, nor do you acquire, any ownership rights in ARX.
49. Since the use of ARX depends on certain third party permissions and services (such as internet broadband connection) which are not under the control of the Bank, the Bank cannot accept responsibility for the availability, use, performance or non-performance, legality or other aspects of any third party service required to use such software.
50. Except to the extent specifically prohibited by applicable law, all conditions, endorsements, guarantees, representations or warranties of any kind, either express or implied, including without limitation, any express or implied conditions, endorsements, guarantees, representation or warranties of durability, fitness for a particular purpose, merchantability, merchantable quality, non-infringement, satisfactory quality or title arising from statute or custom or usage of trade in respect of ARX, irrespective of whether provided on a gratuitous basis or otherwise, are hereby excluded.
51. Except to the extent specifically prohibited by applicable law, in no event shall the Bank, its affiliates or any licensor, or any of the foregoing entities’ respective directors, officers, employees or independent contractors be liable for any damages whatsoever (including, without limitation, commercial, consequential, direct, economic, exemplary, incidental, indirect, punitive or special damages, damages for loss of business profits or revenue, business interruption, loss of business information or corruption or loss of data, or failures to transmit or receive data) arising out of or related to ARX and any third party service that may need to be accessed in relation to ARX, whether or not such damages were foreseen or unforeseen and whether based on breach of warranty or condition, breach of contract, tort (including negligence), strict liability or any other kind of civil liability and even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages exceed the amount of EUR100; the foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
52. Using ARX on your device will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
53. If any third party brings a claim against the Bank in connection with, or arising out of (i) your breach of these Terms and Conditions, (ii) your breach of any applicable law or regulation, (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your Status Submissions/User Submissions; or (v) your complaint in relation to any Status Submissions/User Submission, you will indemnify and hold the Bank harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
54. You expressly acknowledge and agree that use of ARX are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, ARX is provided ‘as is’ and ‘as available’, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to ARX, either express, implied or statutory, including, but no limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement of third party rights. The Bank does not warrant against interference with your enjoyment of ARX or that ARX will be uninterrupted or error-free, or that defects in ARX will be corrected. No oral or written information or advice given by us can be construed as a warranty or create a warranty.
55. The Bank shall not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge and/or permission. In addition, you may be held liable for any losses incurred by the Bank or any other party due to someone else using your User Account.
56. The Bank takes no responsibility for your failure to comply with the obligations set out in these Terms and Conditions. You will be responsible for all losses if you intentionally or with gross negligence fail to use ARX in accordance with these and any other applicable Terms and Conditions, including keeping your PIN and security details safe or permitting a third party to enter their biometrics into the biometrics authentication system on your device, but you will not be responsible for losses you incur after you have notified us of the loss or theft, or suspected use by a third party, of your PIN or other security details. Furthermore, you agree and accept that you are solely responsible for any losses you incur as a result of the loss or theft, as well as known or suspected use by a third party, of your device, the biometric authentication system, your PIN or other security details on your device.
57. You are the only person responsible for the use of your device and ARX. Therefore, the Bank shall not be liable for any misuse of your device and/or ARX, such as the cancelation of data stored on or communication exchanged through ARX, blocking of the device and any other malfunction of the device. Furthermore, the Bank shall not be liable should the data stored on or communication exchanged through ARX be lost and/or impossibility to access ARX due to the device being lost, hacked or shut down for any reason.
58. Information provided by you through ARX may contain links to third party websites that are not owned or controlled by the Bank. The Bank has no control over, and assumes no responsibility for, the content, privacy policies or practices of third party websites. In addition, the Bank will not and cannot censor or edit the content of any third party site. By using ARX, you expressly acknowledge and agree that the Bank shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
59. You and the Bank agree that any cause of action arising out of or related to ARX must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
60. The Bank may amend these Terms and Conditions from time to time.
61. You understand and agree that your use of ARX and the correlated Services after the date of publication shall constitute your agreement to the updated Terms and Conditions which will be effective when published. Amendments notified to you may be accompanied by a request that you expressly acknowledge having read, understood and accepted such amendments.
62. If you do not agree with the amended Terms and Conditions, you must terminate the use of ARX and the correlated Services in accordance with the clauses set out under ‘Termination’.
63. The Bank reserves the right to terminate the use of ARX and the correlated Services at any time without notice to you. The Bank shall, however, use commercially reasonable efforts to provide you with any such notice of termination.
64. If you do not use ARX or the correlated Services for a consecutive period of 365 days, the Bank will remotely inactivate ARX on your device. You can reactivate ARX and the correlated Services by contacting the Bank.
65. The paragraphs which are clearly expressed or clearly intended to survive or operate in the event of termination, shall survive the termination of these Terms and Conditions.
66. You expressly agree and accept that the Bank’s ability to terminate your use of ARX and the correlated Services is reasonable.
67. The Bank shall not be liable for any loss that you may incur as a result of a termination of the use of ARX and the correlated Services, irrespective of the manner and the circumstances relating to such termination.
68. To contact the Bank in relation to ARX and the correlated Services please contact the Bank by dialing 00356 277 99999 or, alternatively, your Relationship Manager. In the unlikely event that you are not satisfied with the answer or the assistance given after the first contact, you may escalate your request to the Compliance Officer.
69. If you contact the Bank by any means other than as set out herein, your request may not be acknowledged.
70. These Terms and Conditions constitute the entire agreement between you and the Bank with respect to your use of ARX and the correlated Services, and replace any prior agreements between you and the Bank with respect to ARX and the correlated Services.
71. If any provision of these Terms and Conditions is found by any court, administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision shall be removed from the Terms and Conditions without affecting the legality, validity or enforceability of the remainder Terms and Conditions.
72. The failure by the Bank to exercise, or delay in exercising, a legal right or remedy provided by these Terms and Conditions or by law shall not constitute a waiver of the Bank’s right or remedy. If the Bank waives a breach of these Terms and Conditions, this shall not operate as a waiver of a subsequent breach of these Terms and Conditions.
73. You may not assign these Terms and Conditions, any rights or obligations contained herein and any licenses granted hereunder. The Bank may, however, without prior notice, assign these Terms and Conditions, any rights or obligations contained herein and licenses granted hereunder to a third party.
74. You acknowledge and agree that if the Bank is unable to provide ARX and the correlated Services as a result of a force majeure event, the Bank will not be in breach of any of its obligations towards you under these Terms and Conditions.
75. You irrevocably agree and accept that all actions, proceedings or counterclaims arising out of or relating to these Terms and Conditions will be litigated in the Courts of Malta or, at the option of the Bank, any other convenient forum. You irrevocably consent to service, jurisdiction and venue of the relevant court for all such actions, proceedings and counterclaims and waive any other venue to which you may be entitled by virtue of domicile, habitual residence or otherwise. Final judgment against you in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, a certificate or exemplified copy of which shall be conclusive evidence of the judgment or in any other manner provided by law.
ARX is meant to serve as a replacement for SMS and/or email, using a data service (either via cell network or Wi-Fi) on your device. Users type message(s), which are sent via data service to the Bank’s servers, and routed to another user who is the intended recipient of the ARX message, if that recipient is online. If the recipient is not online, the undelivered message is held in the Bank’s server until it can be delivered. The contents of messages are retained by the Bank. Moreover, the Bank may retain User’s biometric identifiers, as well as date and time stamp information associated with messages and the contact details of the parties involved in the exchange of the messages, as well as any other information which the Bank is legally compelled to collect.
The Bank does not share mobile phone numbers or other Personally Identifiable Information with third parties to send commercial or marketing messages without your consent or without the ability to opt-in or opt-out.
The Bank may share your Personally Identifiable Information with third parties to the extent that it is necessary to perform, improve or maintain ARX and the correlated Services. By using ARX and the correlated Services, you understand and agree that the Bank may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to ARX. The Bank may use this information to improve ARX and the correlated Services.
The Bank may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good faith belief that such action is necessary to comply with applicable legislation including international law or respond to a court order, subpoena, search warrant or equivalent, or the reasonable belief that an individual’s physical safety may be at risk or threatened.
The Bank also reserves the right to disclose Personally Identifiable Information and/or non-personally identifiable information that the Bank believes, in good faith, is appropriate or necessary to enforce these Terms and Conditions and/or the Bank’s General Terms and Conditions, take precautions against liability, to investigate and defend itself against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Bank’s property including its server, and to protect the rights, property or personal safety of the Bank’s directors, officers and other employees, the users of ARX and others.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL ARX AND/OR USE THE CORRELATED SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY THE APPLICABLE TERMS AND CONDITIONS AND GRANT TO THE BANK THE RIGHTS SET FORTH HEREIN.
I have reviewed these Terms and Conditions, and I am prepared as well as authorized to accept the download and instalment of ARX on my device.