Terms And Conditions
E-Collections And Payment Sservices
These terms and conditions shall govern GCB Bank PLC’s E-Collections and Payments Services and is applicable to all Users of the Bank’s electronic collection and payments services provided on the Bank’s digital channels.
1.0 INTERPRETATION:
For the purposes of these Terms and Conditions, the following definitions shall apply:
“Agreement” means these Terms and Conditions;
“Bank” means GCB Bank PLC;
“Biller” means an individual or entity registered on the Bank’s digital channels to receive collections or payments as provided by the Service herein;
“Business Day” means every Monday through Friday, excluding weekends and Public Holidays in Ghana;
“Card” mean credit/debit cards issued by MasterCard or Visa Card to individuals;
“Customer/You” means the User or Biller registered on the Bank’s digital platforms with a unique set of credentials to have access to the Service for the purposes of electronic collections or payments;
“Digital Channel” means
“Eligible Device” means the device suitable for the Bank’s digital platforms transactions and allows functionality of the Service;
“Fee” means charges payable by the Customer for the services offered under this Agreement;
“GHIPSS” means Ghana Interbank Payment and Settlement Systems;
“Party/Parties” means the Bank and the Customer and they shall individually be referred to as a Party and together as Parties;
“Product” means the electronic collections and payments services herein contemplated;
“Service” means the electronic collections and payments services product that allows a User to access the Bank’s digital platforms to make payments to an entity for purchases made or services rendered as well as for a Biller to access the collections or payments made;
“Source of Payment” means the User’s preferred mode of payment used on the Service be it Cards, Telco wallets, G-Money, Account to Account or Direct debit [debiting other Bank’s account via GHIPSS];
“URL” refers to https://devuatappsvr.gcbltd.com:106/home, the link available on Bank’s website which provides the digital platform for the electronic collections and payments services herein provided; and
“User” means an individual or entity registered on the service with a unique set of credentials to access the Service “Wallet” means the Bank’s G-Money Wallet or wallets of other networks;
“We/Us” means the Bank, its officials, agents or authorized representatives;
2.0 ACCEPTANCE
By registering for the Service and consenting to these terms and conditions, you agree to accept and abide by these terms and conditions. You will be provided a unique set of credentials which will be used by you to access the Service or validate a transaction as authorized by you.
3.0 ACCURATE INFORMATION
You represent and agree that all information you provide to the Bank in connection with the Service is accurate, current, and complete and that you have the right to provide such information to the Bank for the purpose of using the Service. You agree not to misrepresent your identity and to keep your information (which includes your credentials for accessing and authorizing transactions) confidential, up to date, and accurate. You represent that you are an authorized user of the Eligible Device you will use to access the Service.
4.0 PROCESS
A Biller or User is required to click on the URL to get access to the web application page to go through the onboarding process to be enrolled/ registered before having access to the platform. Once a Biller/ User is successfully enrolled, they can then access the platform with the set credentials. Upon successful log in, user makes a choice of what service to patronize. Depending on the choice of service, the Biller/User is required to provide some input. When all required inputs have been provided, the Biller is required to choose the mode of accessing the Collections while the User is may choose a preferred Source of Payment. Depending on the Source of Payment chosen, the User is taken through a process of validation and verification. Once the validation and verification process is passed, payment goes through and User is debited while the Biller’s service account is credited. The User at this point is presented with a digital receipt and the Biller receives notification of the payments made stating the source and purpose for the payment. A Biller/User can always view reports on transactions performed.
5.0 REAL TIME TRANSACTIONS
Transfer of funds from a Source of Payment to a Billers preferred mode of receipt of collections/ payments are to be effected and completed within the same time frame.
6.0 FEES
You will be required to pay fees for the service as utilized. We reserve the right to change the fee structure of the service if the need arises. You will be notified of such changes through sms, Bank’s branches, websites or your preferred mode of receipt of notifications.
7.0 THIRD PARTY AGREEMENTS/ TERMS & CONDITIONS
By signing on to this Agreement, your account Agreement/ Terms and Conditions that governs the use of Cards, Wallets, Internet Banking or other Digital Channel platforms do not change. Any applicable interest, fees and charges applicable to them will also apply in addition to the Service charges/fees applicable. Your network service provider and other third parties such as data service providers may also charge you fees.
8.0 PRIVACY/ DATA CONFIDENTIALITY
Your privacy and the confidentiality of your information are important to us. We will take reasonable care to ensure that your personal information is kept secure and confidential in accordance with the Data Protection Act, and any other relevant Ghanaian law. You acknowledge that your information available to third parties (if not the Bank) or network service provider is beyond the control of the Bank and the Bank does not take liability for any misuse of that information.
9.0 DEVICES
You are responsible for selecting the Eligible Device and the network for the device that will support the functionality of the Bank’s digital channels on which the Service is available.
10.0 SECURITY
The Bank shall ensure that the Service shall have enhanced security in accordance with the requisite laws, directives and notices applicable at every particular time. You are responsible for maintaining the confidentiality of any of your credentials or any other means utilized to access to the Service. If you believe your device has been lost or stolen, or you have reason to believe that your device has been compromised, you agree to contact us immediately so that we can take action to disable your Service for purchases or collections. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of the Service where applicable.
11.0 AMENDMENTS
These Terms and Conditions may be changed from time to time to reflect the changes in applicable laws, dynamics in the cards ecosystem or in accordance with modern banking practice. We will notify you of such changes before same are implemented.
12.0 DISPUTES/ COMPLAINTS
We are committed to ensuring that Customers receive high quality service from us. In the event that a Customer is dissatisfied with our Service herein or believes that there is an error in the transfer information, the Customer should contact us as soon as possible. For questions, complaints or other matters he/she must contact us as follows:
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13.0 WARRANTIES
A User herby expressly acknowledges and agrees that the use of any payments used with his/her recognized set of credentials and the Biller accepts that any authorizations used to access collections or transfer funds on the Service are at their sole risk and the Bank is not liable. The bBank does not operate the networks and has no control over their operations. The bBank will not be liable to you for any circumstances that interrupt, prevent or otherwise affect the functioning of any payment such as unavailability of your wireless service, communications, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection. This “Disclaimer of Warranties” section shall survive any termination of this Agreement for any reason.
14.0 INDEMNIFICATION
In addition to the indemnification provisions contained elsewhere in this Agreement, you shall indemnify the Bank, its licensors (including any Third-Party Licensors), sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Service or (ii) any breach of the terms and conditions set forth in the Terms of this Agreement by you or other users of the Service using your credentials. You must use your best efforts to cooperate with the Bank in the Bank’s choice to defend and control any such matter subject to indemnification by you. You have the right, at your own expense, to employ separate counsel to participate in such matter on a non-controlling basis. You agree that this paragraph shall survive the termination of this Agreement for any reason.
15.0 TERMINATION
The Bank reserves the right to terminate this Agreement or alter any of the Services this Agreement immediately upon providing written notice to you of such termination. We may also, in our sole discretion, terminate your Service effective immediately if: there is an occurrence of a material change in your account activity or other risk analysis criteria as determined by us in our sole and absolute discretion, we at any time determine that you do not meet our risk or other qualification requirements; we discover any willful misconduct (including but not limited to types of fraudulent activity) on your part or any other party with respect to the Service; you are in default of any terms of this Agreement where such default gives us the right to terminate, immediately or otherwise, or close your account; you have not used the Service for a period of time deemed to constitute an inactive service by us (in our sole discretion); or you are in default of any terms of the Agreement or any other agreement with us. In any of these events, you agree that our sole obligation shall be to provide notice of our termination of the Service to you, and that such notification will be reasonable if it is mailed to your statement mailing address immediately upon termination. Either you or the Bank may terminate the Service, with or without cause, upon thirty (30) calendar days’ written notice to the other of its intent to do so, sent to you at your statement address and sent to us at the address provided herein. In the event of termination of the Service, your rights and responsibilities as well as ours, shall continue through any applicable settlement period, including your responsibility to pay us for the Service and with respect to transactions processed prior to the effective date of termination. If the Service is terminated by us, we may accelerate all amounts due and to become due, and you agree to promptly make full payment to us of all amounts due and amounts incurred by you through your use of the Service. Any termination of this Agreement shall not affect any of the Bank’s rights and your obligations with respect to transactions initiated by you prior to such termination, or your payment obligations for services performed by Bank prior to termination, or any other obligations that survive termination of this Agreement.
16.0 GENERAL
16.1 Non-Assignment
You may not assign this Agreement or any of the rights or duties hereunder to any person
16.2 Force Majeure
The Bank shall be liable for any issues or delayed performance caused by circumstances beyond the Banks’ reasonable control, including without limitation, acts of God, acts of Government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, service provider failures or delays.
16.3 Intellectual Property
All logos related to the Bank, are either trademarks or registered trademarks of the Bank. You may not copy, imitate or use them without the Bank’s prior written consent. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Bank’s website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of the Bank.
16.4 Waiver
The Bank may waive enforcement of any provision of this Agreement. Any such waiver shall not affect the Bank’s rights with respect to any other transaction or modify the terms of this Agreement.
16.5 Binding Agreement; Benefit
This Agreement shall be binding upon and solely for the benefit of the parties hereto and their respective legal representatives, successors and assignees. This Agreement is not for the benefit of any other person, and no other person shall have any right against the Bank or you hereunder.
16.6 Headings
Headings are used for reference purposes only and shall not be deemed to be part of this Agreement.
16.7 Severability
In the event that any provision of this Agreement shall be determined to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
16.8 Governing Law
16.8.1
The terms and conditions (as well as any non-contractual relationships connected with it) are subject to Ghana law and the Ghanaian courts shall have non-exclusive jurisdiction for any disputes. The foregoing shall be without prejudice to the statutory rights of the Sender or Recipient.
16.8.2
All the laws, rules and regulations governing the banking industry which includes but is not limited to KYC Rules, Anti-Corruption and anti-Money Laundering Rules, BoG notices and directives are applicable to this service.
16.8.3
A person who is not a party to the Agreement between the Customer and us shall not have any rights under this Agreement or otherwise to enforce same.