Marfin Laiki Bank - eBank Terms and Conditions

CYPRUS GREECE UK SERBIA AUSTRALIA

6 January, 2009

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eBANK TERMS AND CONDITIONS
Laiki eBank Uk for Individuals - Terms and Conditions

For Business

eBANKING FOR INDIVIDUALS TERMS & CONDITIONS

With effect from 11 October 2005

1. Introduction

1.1 The present terms and conditions regulate and/or define the mutual responsibilities of the Bank and the Account Holder in respect of the latter's dealings through Laiki eBank with the Bank and are in addition to the Banks existing Terms and Conditions. If there are any inconsistencies between these two sets of terms and conditions, the present terms and conditions shall prevail in respect of transactions through Laiki eBank.

1.2 Access to Laiki eBank is offered to the User subject to the terms and conditions herein contained and to such other terms and conditions that the Bank shall from time to time adopt and notify the User. In the event that the Account Holder requests any products or services of Laiki eBank, these terms and conditions shall be additional to the terms and conditions governing such products and services.

1.3 The Bank shall have the absolute right to approve or reject any application for electronic service.

1.4 In the case of the Account Holder being a company or any other person having a separate legal entity, the application to Laiki eBank must be signed by a duly authorised signatory in accordance with the provisions of its constitutional document.

1.5 The Account Holder must ensure that the User accepts and fully complies with these terms and conditions and any amendment thereof. In addition, the User shall comply with all the mandates and/or instructions and/or directives issued by the Bank from time to time for the operation of Laiki eBank. The Bank shall be entitled to make operational changes to and alter the facilities available under Laiki eBank at any time. The Bank will notify the User of significant changes.

2. Security

2.1 The User must take all reasonable steps to keep the PIN safe and prevent its fraudulent use.

For example the User must;

never disclose the PIN to a third unauthorised person;
must destroy the PIN notification slip immediately upon its receipt;
never write or otherwise record the PIN in a way that can be understood by someone else;
never tell the PIN to someone else including our staff;
destroy any advice from the Bank concerning the PIN promptly after receipt;
avoid PINs which may be easy to guess such as birthdays, telephone numbers, dates of birth etc; and
keep the subscriber number in a safe place at all times.

Users must regularly change their PIN. Further details regarding security measures the User must take: are set out at www.laikiebank.co.uk and in the online manual of Laiki eBank.

2.2 The User must not access Laiki eBank from any computer connected to a Local Area Network (LAN) or any public internet access device or access point without first making sure that no one else will be able to observe or copy the User's access or get access to Laiki eBank by pretending to be the User. The User must never record his PIN or subscriber number on any software which retains it automatically (for example, any computer screen prompts or 'save password' feature or any similar function on the Users internet browser). Once logged on to Laiki eBank, the User must not leave the electronic media from which Laiki eBank was accessed. or let anyone else use the electronic media until the User has logged off.

2.3 The User must notify the Bank without delay if he suspects or discovers:

delay in receiving the PIN;
loss or theft of the PIN or the responsibility that it is exposed to misuse;
a possibility that the PIN is known by a third person;
any unauthorised transaction entered in the Account;
any discrepancy in his records of transactions and Account statements; or
any error or other irregularity in relation to the operation of the Account by the Bank.

Any notification must be given to the Bank during normal business hours by contacting your account holding branch or via the internet at www.laikiebank.co.uk

2.4 The Bank shall have the right to introduce and/or adopt, from time to time, any additional codes and/or other security measures or procedures. The Bank shall have the right at any time to restrict or deny the User access to Laiki eBank. The Account Holder can restrict or deny the access of the Authorised User upon written instructions to the Bank. The Bank may at any time and at its absolute discretion require that the User stop using the subscriber number and PIN.

2.5 If any unauthorised person appears to have used or attempted to use Laiki eBank, the Bank may disclose any relevant information to such governmental or other authorities as it considers appropriate.

2.6 In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, the Laiki Group reserves the right to monitor all internet communications, including web and email traffic, into and out of its domains. Monitoring includes checks for, but not limited to; viruses and other malignant code, criminal activity, and use or content which is unauthorised.

2.7 The User should be aware that Laiki eBank uses encryption. The use of encryption may be illegal in jurisdictions outside the UK. It is the Users responsibility to ensure that, if outside the UK, the Users ability to use Laiki eBank is permitted by local law and the Bank shall not be liable for any loss or damage suffered by the User as a result of not being able to use Laiki eBank in these jurisdictions.

3. Liability

3.1 The Bank's Liability

3.1.1 The Bank shall not be liable to the User for any loss or damage (other than that which cannot be excluded in law) which the User may suffer as a result of:

the Bank having acted upon the Users instructions received using the subscriber number and PIN or following receipt of any information from the User;
any misuse or abuse of Laiki eBank by the User;
the Users subscriber number and PIN having been disclosed by the User to someone else;
the Laiki eBanks system for any reason being unavailable;
the acts or omissions by the Users Internet Service Provider or aggregation service.

3.1.2 The Bank will be liable for losses (subject to the limitations in clauses 3.1.1 and 3.1.3) if instructions are not given by the User unless:

the User has acted fraudulently; or
the User has failed to exercise reasonable care; or
the User has failed to follow security requirements in clause 2;
the instruction was made by someone else with the Users permission.

3.1.3 The Bank shall not be liable for any errors or delay or failure to follow the Users instructions if this is due to anything beyond the Banks control, for example:

industrial action;
fire, flood, explosion, governmental act;
the failure, directly or indirectly of any power supply, machine, data processing system, data transmission link, or telephone link.

3.1.4 Any liability the Bank may have to the User will be limited to the value of the transaction during the course of which such liability arose as well as the sum required to restore the Account Holder to his position prior to the execution of any unauthorised transaction. The Bank shall have no further liability. The Bank shall not be liable to the User in any circumstances for any loss or damage (other than that which cannot be excluded in law) which:

is not direct;
is beyond the Banks reasonable control; or
which the Bank could not reasonably foresee.

3.1.5 The Bank will take reasonable care to ensure that any information provided to the User by Laiki eBank is an accurate reflection of the information contained in the Banks computer systems or, where the information is provided by a third party, accurately reflects the information the Bank receives from that third party. The Bank does not warrant that the information provided by Laiki eBank is accurate or error free. The Bank shall not be liable for any outdated information published by Laiki eBank.

3.1.6 The Bank accepts no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties.

3.1.7 Subject to clauses 3.1.1 to 3.1.4 above the Bank shall be liable for the non-execution or the incorrect execution of the User's transactions made through Laiki eBank provided that it has received the User's complete and accurate instructions for the execution of the transaction. The Bank will make reasonable efforts to carry out transactions given but will not be liable to the User if, despite its efforts the Bank is unable to do so.

3.1.8 The Bank is not liable for any failure, delay or other shortcoming by any third party with whom the User has accounts or otherwise when they are executing our instructions to them howsoever caused.

3.1.9 Nothing in these terms and conditions shall attempt to exclude liability for death or personal injury, or for fraudulent misrepresentation. Nothing in these terms and conditions shall exclude or limit or restrict our duties and liabilities to the User under the Financial Services and Markets Act 2000, or any conduct of business rules which the Bank is bound to comply with.

3.2 The User's Liability

3.2.1 The User will be liable to the Bank for (and agree to indemnify it against) all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings the Bank directly or indirectly incur or which are brought against the Bank if the User has:

acted fraudulently;
failed to exercise reasonable care;
misused or abused the Laiki eBank;
failed to observe and comply with clause 2.

If the User has acted otherwise they will be responsible for any other losses, but the liability for damages will be limited, to a maximum of GBP50. The Bank may at its discretion waive this liability.

3.2.2 The Bank will refund the User the amount of any transaction carried out in accordance with any instruction where the Users Subscriber number or PIN has been used without the Users authority, other than in the circumstances set out in clauses 3.1.1, 3.1.2 and 3.2.1 above.

4. Processing the Users Instructions

4.1 An instruction will only be accepted by the Bank if it has been effected through Laiki eBank using the Users subscriber number and PIN but the Bank will not further check the authenticity of an instruction. The Account Holder irrevocably authorises the Bank to accept any instructions by the User, given through Laiki eBank with the Subscriber Number and PIN or with the use of any other security procedures as may be determined by the Bank from time to time.

4.2 The User is responsible for ensuring that the Users instructions (including all the details the Bank may require to carry out the Users instructions) and any information the User gives to the Bank are accurate and complete. The Bank shall not be liable for any loss or damage the User suffers if they are in any way inaccurate or incomplete.

4.3 The User requests and authorises the Bank to (a) rely and act upon all apparently valid instructions as instructions properly authorised by the User, even if they may conflict with any other mandate given at any time concerning the Users accounts or affairs and (b) debit the Users accounts with any amounts the Bank has paid or incurred in accordance with any instructions.

4.4 The User agrees that the Bank can act on any instructions given to it including deducting money from his account even if these instructions were not authorised by the User. However, the Users liability for transactions or instructions which have not been authorised by the User will be limited in the way set out in clauses 3.2.1 and 3.2.2 above.

4.5 The Account must be maintained within the financial limits provided to the Account Holder by the Bank. The Bank shall have the absolute right to refuse the execution of any transaction, which results in exceeding the limit provided to the Account Holder by the Bank. In the event of the account being in excess of the limit provided to the Account Holder, it is the Account Holder's responsibility to return the Accounts within its limit immediately, whether the Bank requests so or not. Further, for security purposes the Bank may impose transaction limits.

4.6 The Bank 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, or for any other reason. The Bank is not obliged to notify the Account Holder for the non-payment of a bill or of a future payment, due to lack of funds in the Account or for any other reason. If the Bank decides not to carry out a transaction the Bank will not be responsible for any loss or damage the User suffers because of that decision.

4.7 For any transfer to other banks requested via Laiki eBank, the Bank reserves the right to contact the Account Holder to verify the request prior to completing the transaction. This is an added security measure to safeguard the Account Holder. In cases of such transfers, the beneficiary bank may apply a charge for processing the transaction. Laiki Bank UK is not responsible for such charges and all such charges will be borne by the Account Holder.

4.8 The Bank may credit the Account with funds paid by third parties without the prior consent of the Account Holder unless the Account Holder notifies the Bank otherwise.

4.9 In the event of instructions for immediate payments in foreign currency, the spot exchange rate, as provided by the Bank, will be used for the transaction, and the spot value date will apply. The spot value date will be at least two working days after the date of the instruction.

4.10 There is a daily maximum allowable limit of GBP2000 per subscriber for transfers/payments to third parties (incl. Transfers to Laiki Bank (UK) and to Local Banks) effected via Laiki eBank.

4.11 Some instructions may take time to process and certain instructions may only be processed during normal banking hours even though Laiki eBank may be accessible outside such hours.

4.12 In the event of instructions for future payments, if the execution date chosen is a date upon which the Bank is closed for business the transaction will be executed on the next working day.

4.13 The Bank may at any time and at its absolute discretion, extend or limit the products and/or services offered by Laiki eBank and decide the hours and the days during which Laiki eBank may be used.

4.14 The Bank may suspend any service provided to the User under Laiki eBank without notice for any reason where it considers it necessary or advisable to do so, for example to protect the Account Holder when there is a suspected breach of security or for maintenance.

4.15 The Bank will use reasonable efforts to inform the User without undue delay through Laiki eBank, and/or our web site(s) if any service under Laiki eBank is not available.

4.16 The Bank may send electronic messages from time to time. Users should read these messages.

4.17 The User must notify the Bank immediately if the User becomes aware of any error. The Account Holder should check their statements of account carefully.

4.18 The Bank has the right to debit the Account with charges commissions and fees, as these are specified in the 'Bank Charges' booklet, which is available at any of the Bank's branches upon request and set out at www.laiki.com/uk.

5. Computer facilities

5.1 At the User's own expense, the User must acquire and operate a computer and/or any other equipment which is necessary to access Laiki eBank, pay any subscription for connection with the Internet and/or any other means of electronic connection and shall be responsible for the maintenance of the aforesaid equipment in an operational manner, based on any requirements imposed by the Bank from time to time. The User is liable for any telephone charges and any charges made by the Users Internet Service Provider as a result of the use by the User of Laiki eBank.

5.2 The Bank may change the minimum specification the User requires to access Laiki eBank at any time. The Bank will notify the User of such a change. The Bank does not accept responsibility if any such change in specification results in the Users equipment becoming incompatible with Laiki eBanks website or becoming unable to perform within its website all of the functions previously performed.

5.3 The User must not:

introduce or attempt to introduce any virus or any other contaminant to Laiki eBank of any of the Banks computer systems;
in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of Laiki eBank or any of the Banks computer systems;
interfere with the use of another person's access to or use of Laiki eBank;
obtain access to information relating to another person which is on the Banks computer system;
use or attempt to use Laiki eBank or any of the Banks computer systems for any unlawful purpose.

5.4 It is the responsibility of the User to guard his computer against any damage that may be caused due to electronic viruses. The Bank shall not be responsible for information received and/or submitted by the User through the use of Laiki eBank or for any loss suffered as a consequence by the Account Holder. Access to and use of this website is at the user's own risk. The Bank will not be responsible for any loss of or damage to the Users data, software, computer, telecommunications or other equipment caused by the User using Laiki eBank unless such loss or damage is directly and solely caused by our negligence or deliberate default.

6. Law and Jurisdiction

6.1 The information provided on Laiki eBank or in any communication containing a link to Laiki eBank is for personal use and informational purposes only and is not intended for distribution to, or use by, any person or entity in any jurisdiction in any country where such distribution or use would be contrary to law or regulation or which would subject any member of Laiki Group to any registration requirement within such jurisdiction or country.

6.2 The Bank makes no warranty or representation that the products or facilities of Laiki eBank are appropriate or available for use in other jurisdictions. If the User uses this website from other jurisdictions, the User is responsible for compliance with applicable local laws.

6.3 The information, and any opinion contained on Laiki eBank does not constitute a public offer under any applicable legislation or an offer to sell or solicitation or an offer to buy any securities or financial instruments or any advice or recommendation with respect to such securities or other financial instruments. The contents of Laiki eBank do not purport to provide any financial, investment or professional advice and nothing on the pages of Laiki eBank shall be deemed to constitute the offer or provision of financial, investment or other professional advice in any way. In particular, the User should obtain advice from a qualified expert before making any investment decision.

6.4 Where any information on this website constitutes a financial promotion it is issued and approved for distribution and use in the UK only.

6.5 These Terms and Conditions shall be governed by and construed in accordance with English Law and the English Courts will have exclusive jurisdiction to determine any dispute arising hereunder.

6.6 If any part of these Terms and Conditions prove to be unenforceable in any way, this will not affect the legality, validity and enforceability of the remaining Terms and Conditions in any way. Any failure by the Bank to exercise or delay in exercising any of its rights under these Terms and Conditions or otherwise shall not operate as a waiver of those or any other rights or remedies. Any relaxation by the Bank of any of the Terms and Conditions from time to time does not affect our right to enforce the Terms and Conditions strictly at any time.

6.7 Our records, unless shown to be wrong, will be evidence of the Users dealings with the Bank in connection with Laiki eBank. The Account Holder agrees not to object to the admission of our records as evidence in any legal proceedings because such records are not originals, arenot in writing or are documents produced by a computer.

7. Termination of the Terms and Conditions, Complaints and Supplementary Terms

7.1 The Account Holder must inform the Bank immediately, in writing, of any change of Address(es) and/or Telephone Number(s) and/or any other personal details. The Bank shall communicate with the Account Holder at his last known address and the date of communication shall be considered to be the date the notification was sent.

7.2 A subscription to Laiki eBank will automatically terminate if there are no accounts connected to the subscription or if all connected accounts to the subscription are closed.

7.3 The Bank reserves the right to terminate this agreement at any time without notice. The User may request this agreement be terminated at any time by notifying the Bank.

7.4 Termination by either party of these Terms and Conditions will not affect then outstanding rights and obligations, arising under these Terms and Conditions that the Bank may have against the User or any liabilities the User may have to the Bank.

7.5 If the Bank does not deliver the standard of service the User expects, or if the User thinks the Bank has made a mistake the User should advise the Bank and it will try to resolve matters. However, if the User remains dissatisfied the Bank has a complaints procedure in place to ensure that any complaint the User may bring to its attention is dealt with fairly and that it receives a quick response. Any complaint the User may have shall be fully investigated.

7.6 The Bank may at any time appoint one or more agents to provide all or any part of Laiki eBank and references to 'the Bank' will include references to such agents.

7.7 From time to time the Bank may advertise its own products or services and those of other companies of Laiki Group and those of other parties on the Bank's internet website or any electronic media through which Users may access Laiki eBank or through the eBank itself. If, in relation to other agreements between the Bank and the Account Holder, the Account holder has asked not to be sent any marketing materials (or if the Account Holder does so in the future), the Account Holder agrees that this restriction will not apply to these generic electronic advertisements and consents to receiving them when accessing Laiki eBank via Laiki Bank website or any other electronic media through which the User accesses Laiki eBank.

7.8 Laiki eBank and the copyright in the content of and materials featured on Laiki eBank are owned by or licensed to the Bank.

8. Personal Data

8.1 Laiki Group is obliged to take all necessary measures for the collection, protection and processing of the Account Holders personal data in accordance with the provisions of the Data Protection Act 1998.

8.2 Data includes information relating to the Account Holder that has been given or shall be given in the future to any company of Laiki Group:

by the Account Holder, during the submission of applications or execution of any other
transaction with any company of Laiki Group; or
has been secured by third persons (like e.g., Co-owners of joint accounts, guarantors or persons assigned as Power of Attorney, or other similar archives or organisations which exist today or may possibly exist in the future or other persons connected in any way with the Account Holder); or
has been extracted through the operation of the Account Holders account or through goods and services secured by him from Laiki Group.

8.3 Processing includes the collection, recording, organisation, maintenance, storage, amendment, extraction, use, transfer, transmission or any other form of distribution, the correlation or the combination, the linking, locking, deletion or destruction of the data.

8.4 Laiki Group shall maintain archives and shall process the data for:

the purpose of supporting, promoting and servicing the transactional relationship of the Account Holder with Laiki Group which includes and is not limited to the provision of financial, credit, investment, insurance, factoring, invoice discounting services;
the purpose of debt collection, credit assessment, confirmation of the Account Holders identity, the prevention of other offences including money laundering, scientific research, and for statistic and historical purposes.

8.5 Confidentiality and the recipients of the data. Where applicable, all the personal data of the Account Holder, subject to the provisions of the law relating to Bankers confidentiality, shall be maintained absolutely confidential and shall be treated with confidentiality by Laiki Group and its authorised and appropriately trained employees. Information relating to the Account Holder shall not be disclosed to third persons unless as follows:

Upon the Account Holders request or with his consent
If required by Law or court order
If disclosed within the framework of any court proceedings between the Account Holder and Laiki Group
If it is in the public interest to do so or if necessary for the protection of the Banks interests
If disclosed to persons/associates that provide support services to Laiki Group in relation to its computer systems and to the Groups operation in general.

8.6 Laiki Group shall use representatives or suppliers or dealers or associated companies to collect and process the personal data of the Account Holder on behalf of the Group. The obligation for maintaining absolute confidentiality shall bind them and the processing shall be done under the guidance of Laiki Group and shall be supported by a written agreement.

8.7 Whenever requested and/or deemed necessary by Laiki Group the Account Holder shall provide his assistance for the fulfillment of and/or compliance with the above. The Controller of the Account Holders personal data is Marfin Popular Bank Public Co Ltd.

9. Consents from the Account Holder

9.1 The Account Holder expressly consents to the processing by Laiki Group of his personal data,whether sensitive or not, for the purposes set out in clause 8.4 and in accordance with the provisions of the Data Protection Act 1998.

9.2 Furthermore, the Account Holder expressly consents to the correlation and combination of the archives of his personal data maintained by Laiki Group, the transmission of the data to companies associated with Laiki Group which are situated within or outside the European Union, and the correlation and combination of the archives of data maintained by Laiki Group with any archive or archives of his personal data maintained by these associated companies. In these cases Laiki Group is obliged to ensure that the same level of protection as provided by UK law is maintained. Such processing or transfer of data will take place for the purposes set out in clause 8.4 and in accordance with the provisions of the Data Protection Act 1998.

DEFINITIONS

In these terms and conditions unless the context otherwise requires, words denoting the singular number shall include and/or be interpreted in the plural and vice versa, and references to persons include bodies incorporated or unincorporated. Also the masculine gender includes the feminine and vice versa.

In these terms and conditions:

"Account" means any account held with the Bank and/or to be held with the Bank in the name of the Account Holder which pursuant to an application for electronic service and/or notification by the Account Holder to the Bank shall be connected with Laiki eBank.

"Account Holder" means the physical or legal person or other entity who has signed an application for electronic service which has been accepted by the Bank for the use, by the User, of the services offered by Laiki eBank from time to time.

"Authorised User" means the person authorised by the Account Holder to have access to perform any transactions in relation to the Account and/or receive information. Such authorised users may include joint account holders, guarantors and/or persons acting under a Power of Attorney for an Account Holder. Accounts can be accessed by all such authorised users if they are Laiki eBank subscribers. Joint accounts that require authorisation by all joint holders cannot be transacted upon. For further detail please refer to the Banks General Terms and Conditions.

"Bank" means the Laiki Bank UK, its subsidiaries, successors and/or assigns.

"Laiki eBank" means the Bank's electronic service network provided to the Account Holder and/or to the User for the purpose of receiving information and/or executing financial and/or banking and/or other transactions and/or orders and/or instructions. The Bank's electronic service network includes the Bank's Internet services and/or other connections through which access is given to the Bank's services as shall be determined by the Bank from time to time. Further details regarding the technical requirements with respect to the communication equipment the User may use, can be found at www.laikiebank.co.uk or by contacting your account holding branch.

Laiki Group means the Marfin Popular Bank Public Co Ltd and its affiliates.

"PIN" means the secret Personal Identification Number that must be used by the User together with the Subscriber Number, to gain access to Laiki eBank to perform any transactions and/or receive information. The use of the PIN shall be deemed to have the same status and effect as a signature.

Subscriber Number means an identification number supplied by the Bank to the User to be used with the PIN number to gain access to Laiki eBank.

"User" means the Account Holder and/or Authorised User.

For easy reference please find here the Bank's General Terms and Conditions


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