"Account" means the accounts held with the Bank and/or to be held with the Bank in the name of the Account Holder which pursuant to the application and/or to a notification by the Account Holder to the Bank from time to time, shall be connected through the international network known as “Internet” and/or telephone lines and/or radio signals and/or television signals and/or through electronic and/or other connections as shall be determined or made available to its customers by the Bank from time to time, with Hellenic Electronic Banking for any account that Hellenic Electronic Banking is available.

"Subscriber ID."means the identification number which the Bank issues to the User, to be used by the User together with the Security Password to gain access to Hellenic Electronic Banking and to enable him to make transactions through Hellenic Electronic Banking. It is clarified that the same Subscriber ID may, if the Bank so determines, be used by the User for gaining access and/or enabling him to make transactions for any other services offered or to be offered in future by the Bank through any other electronic and/or telephone and/or radio and/or television means and/or machines.

"Account Holder" means the person/s whether natural, incorporated or unincorporated who has/have signed the present application which has been accepted by the Bank for the use, by the User, of the services offered by Hellenic Electronic Banking from time to time.

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

"Authorised User" means the person/s authorised by the Account Holder to use any of the services offered by Hellenic Electronic Banking.

"Security Password"means the secret alphanumeric code, which will be used by the User together with the Subscriber ID, to gain access to Hellenic Electronic Banking and to enable him to make transactions through Hellenic Electronic Banking. It is clarified that the same Security Password may if the Bank so determines be used by the User to gain access and/or make transactions for any other services offered or which may be offered in future by the Bank through any other electronic and/or telephone and/or radio and/or television means and/or machines save for the services provided through Telebank II.

"Authorisation PIN" means the Secret Personal Identification Number which will be used by the User to authorize transactions and/or payments via Hellenic Electronic Banking.

"Digipass" means the device granted to the User upon application which is activated with the use of special codes and enable the User to execute transactions above the maximum amount(s) specified by the Bank from time to time in www.hellenicbank.com. The User may reduce the aforesaid amount(s).

"Internet" means the international information network.

“Non-plastic card” means a temporary card number issued by the Bank at the request of the User which request is forwarded to the Bank through Hellenic Electronic Banking. The card number which is notified to the User through Hellenic Electronic Banking can be used for the carrying out of one transaction only and in any event expires at the lapse of the validity period determined by the User.

"Computer" means the computer of the User which he uses to gain access to Hellenic Electronic Banking through the Internet, or through any other means of electronic connection, as shall be determined by the Bank from time to time.

"Hellenic Electronic Banking"means the services provided or which maybe provided, from time to time, by the Bank to the User for the execution of financial and/or banking and other transactions and/or orders and/or instructions, through ATMs and/or computer and/or telephone and/or any other equipment required through the Internet and/or mobile telephone or through such other electronic connections, and/or telephone and/or radio and/or television signals through which access is or may be given to the services, as shall be determined by the Bank from time to time, which include inter alia and without prejudice to the generality of the above transfer of funds to and from an account, electronic transfer of records/files, payments of bills, orders for cheque books, deposit slips and statements of account, providing information for exchange rates, opening of Standing Orders, card inquiries, stop payment of cheques, inquiries regarding hire purchase contracts, information relating to services and/or facilities provided by the Bank, applications for opening accounts, issue of temporary card numbers (non-plastic cards) and applications for obtaining facilities from the Bank.

"Instructions/Orders" means the instructions given by the User to the Bank through Hellenic Electronic Banking.

"Bank Mail" means the secure two-way communication through Hellenic Electronic Banking via the Internet (free text format) between the User and the Bank. The User may use it for inquiries or complaints he may have regarding his banking activities and for the cancellation of the following instructions that he may have already given to the Bank (provided that such original instructions have not been executed already by the Bank):

- Instructions for deactivation of a standing order or a direct debit (“Deactivate Standing Order” / “Deactivate Direct Debit”)
- Instructions for the cancellation of the next payment of a standing order or a direct debit (“Cancel Next Payment”)
- Instructions for the issue of a chequebook (“New Chequebook Request”)
- Instructions for the countermand of a cheque (“Stop Cheque Payment Request”)

Additionally, the User may use Bank Mail to give instructions to the Bank for the cancellation of a particular set of passwords. The Bank may from time to time specify to the User in any way the Bank deems appropriate, any other/additional types of instructions that may be given to the Bank via Bank Mail.

:: GENERAL

1. Hellenic Electronic Banking is offered to the Account Holder and/or the User subject to the terms and conditions herein contained and (subject to and in accordance with the Law) to such other terms and conditions that the Bank shall from time to time adopt and notify to the Account Holder in any manner the Bank deems appropriate including publication in a newspaper.

2. In the case of the Account Holder being a company or any other person having a separate legal entity, the application must be signed in accordance with the resolution of the relevant competent body.

3. The Account Holder must ensure that the Authorised User accepts and always fully complies with the aforesaid terms and conditions. In addition, subject to and in accordance with the Law, the Account Holder and/or the Authorised 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 Hellenic Electronic Banking.

4. Instructions given to the Bank by the present application and/or any future instructions relating to the operation of the account through Hellenic Electronic Banking apply for banking transactions only through Hellenic Electronic Banking.

5.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 Hellenic Electronic Banking with the Bank and are in addition to the existing terms and conditions regarding the dealings of the Account Holder with the Bank. 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 Hellenic Electronic Banking. Without prejudice to the generality of the above in all cases where a period of notice is required before funds can be withdrawn/transferred from a particular account to another, such notice will need to be duly given by the User prior to making any transfer from such an account via Hellenic Electronic Banking. If due notice is not given the Bank will be at liberty to charge fees as will then be applicable.

6. The User must maintain the account of the Account Holder within the limits of the credit facility that may have been 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 of the credit facility that may have been provided to the Account Holder by the Bank. In the event of the account being in excess of the credit limit which may have been provided to the Account Holder, it is the Account Holder’s responsibility to bring it back within limit immediately, whether the Bank requests so or not.

7. Transfer of funds from the 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 his account, the Bank shall reverse the entry and give notice to the Account Holder and/or the Authorised User.

8. The User shall ensure that all instructions given by him to the Bank are accurate and complete. The User cannot cancel or change instructions given if in giving such instructions he has specified the amount which the instructions concern.

9. The Bank shall have the absolute right to approve or reject the present application for subscribing to Hellenic Electronic Banking.

10. 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.

 

:: SECURITY & LIMITATION OF LIABILITY

11. The Bank undertakes to cover any losses incurred by the Account Holder as a result of Internet fraud, whereby the Account Holder is victim of unauthorised access to his accounts through breach of the Bank’s Internet Security System, provided the Account Holder and/or the Authorised User has complied with all security requirements contained in these terms and conditions or notified to the Account Holder by the Bank from time to time in any way the Bank deems appropriate.

12. The Account Holder irrevocably authorises the Bank to accept any instructions by the User, given through Hellenic Electronic Banking with the Subscriber ID, Security Password, Authorisation PIN and Digipass or with the use of any other security procedures that the Bank 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 he bears full responsibility to ensure the compliance of the Authorised User with these Terms and Conditions.

13. The User must only use Hellenic Electronic Banking, the Security Password, the Subscriber ID, the Authorisation Pin and Digipass in accordance with all the terms and conditions regulating such use as same are contained in these terms and conditions and, subject to and in accordance with the Law, such other terms and conditions that the Bank may from time to time adopt and notify to the Account Holder in any manner the Bank deems appropriate.

14. In addition to all other security measures contained in these terms and conditions, the User undertakes to adhere to the following security procedures which he recognises are essential to avoid access by unauthorised 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 Bank or any other person as a result of the User’s failure to adhere to the safety procedures:

(a) The User must take all necessary precautions to prevent fraudulent use of the Security Password, the Subscriber ID, the Authorisation PIN and Digipass and must never disclose the Security Password, the Subscriber ID and the Authorisation PIN to a third unauthorised person. The User must at all times be aware that under no circumstances whatsoever will an employee of the Bank request him to disclose to him or anyone else his Security Password or Authorisation PIN. The User must at all times take all necessary measures to protect and keep secret his means of access to Hellenic Electronic Banking as well as his Security Password, Subscriber ID, Authorisation PIN and Digipass and must never write down the Security Password or the Subscriber ID or the Authorisation PIN in a way which could be revealed to anyone.
(b)The User must be aware of his surroundings when accessing Hellenic Electronic Banking and must ensure that he is not being watched by someone or filmed on close circuit television.
(c) The User must never leave his computer unattended while logged in.
(d) The User must ensure that he is accessing Hellenic Net Banking Services by checking its on line certificate issued by Thawte Server. The User may do so by clicking his mouse on the yellow padlock symbol displayed at the bottom of his browser screen. The certificate should be checked to ensure it belongs to Hellenic Bank Public Company Ltd and has not expired.
(e) The User must ensure that no monitoring programs run on his computer since in such case his Security Password, Subscriber ID and Authorisation PIN may be seen or recorded.
(f) The User must install an up to date antivirus system and check his computer for viruses on a regular basis. The User must not open e-mails from unknown senders and must delete same without reading their contents in order to avoid the risk of receiving a virus.
(g) The internet site address for Hellenic Electronic Banking is www.hellenicnetbanking.com. The User must never act on the basis of any e-mail, letter or other communication allegedly sent or expressed by the Bank which instructs or encourages him to visit any other site representing that it is another or the new site of Hellenic Electronic Banking.

15. The User must immediately inform the Bank as provided in paragraph 18 below in the event that he detects or realises:

(a)The loss or theft of his Security Password, Subscriber ID, Authorisation PIN or Digipass or the fact that his access or means of access to Hellenic Electronic Banking or Security Password, Subscriber ID, Authorisation PIN or Digipass 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 Bank.

16. Subject to paragraph 17 below in the event of theft or loss of the Security Password, Subscriber ID, Authorisation PIN or Digipass or where access to Hellenic Electronic Banking or the Security Password, Subscriber ID, Authorisation PIN or Digipass are subject to or are exposed to abuse, the Account Holder shall be liable to indemnify the Bank for the loss of the first Euro €150 which may be caused by the unauthorised access to Hellenic Electronic Banking or the unauthorised use of the Security Password, Subscriber ID, Authorisation PIN or Digipass provided that the User has not notified the Bank of such theft or loss of the Security Password, Subscriber ID, Authorisation PIN or Digipass or of the fact that the Security Password, Subscriber ID, Authorisation PIN or Digipass or access to Hellenic Electronic Banking are subject to or exposed to abuse, before the loss of funds took place. Notice may be given in the mode provided in paragraph 18 hereunder.

17. It is understood that the limit of Euro €150 stated in paragraph 16 above relating to the liability of the Account Holder, shall not apply where the User has not, due to his gross negligence, adhered to any one of the terms and conditions contained herein or has acted in a fraudulent manner. In such case the Bank shall bear no responsibility or liability for losses incurred by the Account Holder and the Account Holder shall be liable for all and each and every one of the transactions carried out in any of his accounts.

18. Without prejudice to paragraph 12 above, the Account Holder shall be fully responsible for any transactions made through Hellenic Electronic Banking (as well as for any instructions given through Hellenic Electronic Banking) by the User or any other person authorised by the Account Holder. If for any reason whatsoever it appears to the Bank that any unauthorised person has used or attempted to use Hellenic Electronic Banking, in order to interfere in any way with the account(s) of any Account Holder or to give any type of instructions to the Bank, the Bank 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 a User knows or suspects that any third person knows or may know the Security Password, the Subscriber ID or the Authorisation PIN or that any unauthorised transactions have been carried out in connection with the Account Holder’s account(s) the User must immediately cancel his Security Password, Authorisation PIN and Digipass by changing his Security Password and Authorisation PIN on Hellenic Electronic Banking and by requesting a new Digipass and by promptly informing the Bank on telephone number 8000 9999 or if calling from outside Cyprus on telephone number +357 22 743843 or by appearing in person at Pancyprian Tower, 66 Griva Dhigeni Ave., 1095 Nicosia, Cyprus (or such other address as may be notified to the Account Holder and/or the Authorised User by the Bank from time to time in any manner the Bank shall deem proper). Telephone conversations shall be recorded. If the User notifies the Bank as above then his Subscriber ID, Security Password, Authorisation PIN and Digipass will no longer grant access to the Account Holder’s account(s) via Hellenic Electronic Banking.

The evidence contained in such recordings and any transcripts of information on such recordings shall constitute conclusive evidence in any dispute.

19. The Account Holder must, at his own expense, acquire and operate computer and/or telephone and/or any other equipment which is necessary for access to Hellenic Electronic Banking, pay any subscription for connection with the Internet and/or other means of electronic connection and shall be responsible for the maintenance of the aforesaid and/or other similar equipment in operational manner, based on any requirements imposed by the Bank from time to time and notified to the Account Holder in any way the Bank deems appropriate. The Account Holder undertakes that both he and the Authorised User shall use at all times such browsers for gaining access through the Internet to Hellenic Electronic Banking as may be prescribed by the Bank from time to time and notified to the Account Holder in any way the Bank deems appropriate. At present the User must use either:

(a) Microsoft Internet Explorer 5.5 (or newer version) or
(b)Netscape 6.0 (or newer version)

The Account Holder understands that in the event that he or the Authorised User uses a different browser to that or one of those specified from time to time by the Bank, the security of his transactions and his accounts may be compromised and unauthorised persons may gain access to his accounts.

The use of browsers other than those prescribed by the Bank is made at the Account Holder’s sole risk and responsibility.

20. If access is achieved through the use of the Subscriber ID, Security Password, Authorisation PIN, Digipass or any other security code the Bank will not be held responsible in any way for any indirect or other losses which the Account Holder or the Authorised User or any other person may suffer as a result of the unauthorised access by a third party to the accounts of the Account Holder through Hellenic Electronic Banking which losses where facilitated or caused by the fact that information regarding the accounts of the Account Holder was viewed and/or retrieved and/or otherwise dealt with. Without prejudice to the generality of the above the Bank will under no circumstances whatsoever be held responsible for the loss of data or the loss of profit that the Account Holder or the Authorised User or any third person may suffer as a result of any unauthorised access to the accounts of the Account Holder through Hellenic Electronic Banking irrespective of whether such access was achieved with or without the use of the Subscriber ID, Security Password, Authorisation PIN, Digipass or any other security code.

21. Save as provided by Law, the Bank shall not be liable for any loss or damage to the Account Holder or the Authorised User or any third person for any unprocessed or incorrectly processed transaction, due to negligence or electrical, electronic, mechanical, communication or similar failures or loss or damage resulting from incorrect information, misstatements of information, the malfunction of Hellenic Electronic Banking, strikes, war, natural disasters or any other causes if same are beyond the Bank’s control. The Account Holder shall be liable and shall indemnify the Bank for any loss or damage suffered and/or to be suffered by the Bank in case such loss or damage is caused by reason of any act or omission of the User, his agents and/or servants.

22. Hellenic Electronic Banking is designed for use in the Republic of Cyprus and 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 Hellenic Electronic Banking 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. Note that under any circumstances the use of Hellenic Electronic Banking outside Cyprus is made entirely at the Account Holder’s own risk.

23. Subject to the constraints set out in the definition of “Bank Mail” above the Bank may send to the Account Holder and/or the Authorised User electronic messages to the email address that the Account Holder has given the Bank and/or through Hellenic Electronic Banking in the form of Bank Mail. If the Account Holder wishes to prevent others from reading such messages, the Account Holder must set up his own password protection on his system.

24. The Account Holder must and has a duty to inform the Bank at once, in writing, of any change in his and/or the Authorised User’s name, address, telephone number and e-mail address.

25. The User may request the issue of a temporary card number (a non-plastic card). This temporary card number shall be linked, as per the instructions of the User to be given through Hellenic Electronic Banking, to one of the User’s Hellenic Bank debit or credit cards existing at the time. The account relating to the Hellenic Bank debit or credit card that shall be linked with the temporary card number will be debited with the amount of any transaction carried out by the User with the use of the temporary card number. The User shall be under a strict responsibility to maintain at all times the secrecy of the temporary card number. Save as provided by Law, any use of the temporary card number shall be deemed to have been made by the User and the Account Holder shall be fully responsible for such transaction and shall indemnify the Bank for any loss the Bank may suffer. It is understood that the User may request the issue of any number of temporary card numbers (non-plastic cards).

26. The Account Holder agrees to check in detail every Monday his statements of account in relation to each of his accounts, as such statements can be viewed through Hellenic Electronic Banking. If the Account Holder has objections, reservations or remarks concerning any of his account statements he must contact the Bank immediately as provided in paragraph 18 above and inform the Bank of his objections, reservations or remarks. Additionally in the event that notification to the Bank is oral, the Account Holder must submit same to the Bank in writing within 7 days from the date of the oral notification. The Account Holder’s failure to check his account statements every Monday and/or failure to submit his objections immediately after checking his account statements shall mean approval and acceptance by the Account Holder of the correctness of his account statements and the Bank shall be thereby exempted from any liability whatsoever.

27. All telephone conversations may be recorded, and may be monitored and kept for such period of time, as the Bank from time to time shall decide.

28. 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 and it shall inform the Account Holder of same in writing.

 

:: EXECUTION OF INSTRUCTIONS

29. The Bank shall use all reasonable efforts to execute instructions received from the User within the following time frame:

(a) Instructions received on any working day shall be processed on the same day or on the following working day the latest depending on the time the relative instructions were given to the Bank 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 Bank holiday or the Bank is closed on that day, the transaction will be executed on the following working day.
(c) All transfers in foreign currency are subject to the exchange control regulations of the Central Bank of Cyprus.
(d) The Bank reserves the right to delay the execution of / not to execute any instructions for transfers of funds if such instructions exceed the internal security limits set by the Bank, which are designed to protect the security interests of the User and the Bank and in such an event the User shall be notified through Hellenic Electronic Banking of the fact that his instructions have not been executed.

All debits which will have to be effected to any account of the Account Holder shall be effected on the date on which the instructions of the User shall be executed.

30. In case of instructions for fund transfers in foreign currency, the exchange rate that will be used for the transaction, will be the prevailing exchange rate on the execution date, as made available by the Bank via Hellenic Electronic Banking.

31. The Bank is not obliged to notify the Account Holder or the User for the non-payment of a bill or for a future payment due to lack of funds in the Account Holder’s account or for any other reason except as provided by Law or the present terms and conditions.

32. 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 Holder’s account, or for any other reason except as provided by Law or the present terms and conditions.

33. The Bank is entitled to cancel a standing order with or without notice if on three successive cases it cannot effect payment due to lack of funds in the Account Holder’s account.

34. Except as provided by Law, the Bank shall not under any circumstances bear any liability for any delay for whatever reason in the processing or execution of any instructions given by the User as above or otherwise.

 

:: CORRECTNESS OF INFORMATION

35. The Bank shall exert all reasonable efforts to ensure the correctness of any information received by the User through Hellenic Electronic Banking but, except as provided by Law, the Bank shall not be responsible for the correctness of such information or for any loss, whether direct or indirect, suffered by the User or any third person where information is inaccurate.

:: LIMITATION OF THE SERVICE/TERMINATION OF THE AGREEMENT

36. The Bank may at any time and at its absolute discretion require that the User stops using his Subscriber ID and/or his Security Password and/or his Authorisation PIN and/or his Digipass, and the Bank shall have the right at any time, with or without prior notification of this intention, not to allow the use of the Subscriber ID and/or Security Password and/or Authorisation PIN and/or Digipass provided that such right shall not be unreasonably exercised. Without limitation to the generality of the foregoing it is understood that the Bank shall be deemed to be acting reasonably in not allowing the use and/or permitting access to Hellenic Electronic Banking through the use of the Subscriber ID and/or Security Password and/or Authorisation PIN and/or Digipass in all cases where the Bank in its absolute discretion endeavours to protect the interests of the Account Holder or any other Account Holder.

37. Subject to the provision of any Law in force from time, the Bank may at any time extend or limit the services offered through Hellenic Electronic Banking and at its absolute discretion decide the hours and the days during which Hellenic Electronic Banking or certain of the services provided through Hellenic Electronic Banking may be available, and may at any time and at its absolute discretion vary and/or amend these terms and conditions giving 30 days notice to the Account Holder by any means the Bank deems appropriate including publication in a newspaper. The Bank has the right to suspend altogether the operation of Hellenic Electronic Banking by giving 7 days notice to the Account Holder as above. The Bank may give notice to the Authorised User with regard to any of the above in any way it deems appropriate.

38. The Bank shall have the right at any time to withdraw, restrict or vary the abilities of the Account Holder and/or the Authorised User to use Hellenic Electronic Banking or any part thereof and unless such withdrawal, restriction or variation is effected for security purposes (in which case the Bank may effect same immediately), the Bank shall give 30 days notice to the Account Holder in any way it deems appropriate. The services offered by Hellenic Electronic Banking may be restricted by the Account Holder in respect of the Authorised User, by giving written instructions to the Bank provided that the receipt of such instructions is confirmed by the Bank.

39. The Bank reserves the right to terminate this agreement by giving 7 days notice to the Account Holder in any way it deems appropriate and the Account Holder may terminate this agreement by giving the Bank 15 days notice in writing.

40. Save as provided by Law, the Bank, at any time and at its absolute discretion, may refuse to receive and execute any instructions and/or provide any information and/or provide any service to the User provided that such right shall not be unreasonably exercised.

 

:: CHARGES

41. The Account Holder shall pay any charges and/or fees imposed from time to time by the Bank for the services provided by Hellenic Electronic Banking provided the Bank has given prior notice thereof to the Account Holder by any means it deems appropriate. The Account Holder hereby authorises the Bank to debit with such charges any account in the name of the Account Holder maintained with the Bank. The Bank may, from time to time, charge fees, charges, commissions and administration or other expenses related to any of the accounts maintained by the Account Holder with the Bank or to the execution of any instructions received from the User by the Bank. A table marked “Bank Tariffs” which is available through www.hellenicbank.com contains information relating to such fees, charges, commissions and administration or other expenses as they presently stand, as well as information relating to the prevailing debit interest rates in respect of different types of accounts maintained with the Bank. The Bank may modify from time to time such fees, charges, commissions and administration or other expenses and shall give notice of such change to the Account Holder via the modification of the “Bank Tariffs” table that is available through the above stated site. The Bank may also modify from time to time the debit interest rate relating to any account maintained with it. Notice of such modification shall also be given/made available via the “Bank Tariffs” table which shall be accessible through the above stated site.

 

:: HELLENIC ELECTRONIC BANKING ALERTS

42. Hellenic Electronic Banking Alerts is a service provided by Hellenic Electronic Banking to the User for the purpose of enabling the User to receive messages for and in connection with certain transactions or balances or any other information or service offered from time to time by Hellenic Electronic Banking and requested by the User via Hellenic Electronic Banking.

43. The Account Holder authorizes the Bank to transmit the Hellenic Electronic Banking Alerts through any delivery channel such as the Internet, the telecommunications network or any other means of communication, to any device such as mobile telephone, telephone, pager, personal computer, personal digital assistant or any other equipment indicated by the User by giving to the Bank the relevant telephone number and/or e-mail address and /or any other address through Hellenic Electronic Banking and the Account Holder accepts that such messages will be viewed and/or read without having to enter any identification and/or PIN number.

44. The Account Holder acknowledges and accepts that:

(a)The Bank is not and shall not be responsible or liable for the deletion, part deletion or failure to transmit any messages.
(b) The Bank makes no warranty that the Hellenic Electronic Banking Alerts service will be uninterrupted, timely, secure or error free or that the Hellenic Electronic Banking Alerts service will be available at any particular time or location.
(c) The Bank shall not be liable in any way for any loss or damage of any kind incurred by the User as a result of the content transmitted via the Hellenic Electronic Banking Alerts service.
(d) The Bank shall transmit the Hellenic Electronic Banking Alerts to the telephone number and/or e-mail address or any other address indicated by the User and in the event that the User indicates a telephone number and/or e-mail address or any other address other than his own, the Bank shall not be liable in any way for any loss, damage or inconvenience suffered by the person to whom the Hellenic Electronic Banking Alerts were transmitted. In the event that such person raises any claim against the Bank in this respect, the Account Holder shall indemnify the Bank in full.

 

:: RESOLUTION OF DIFFERENCES AND GOVERNING LAW

45. The Bank and the Account Holder shall take all reasonable measures to resolve their differences in an amicable manner. The Central Bank of Cyprus is the regulatory body in relation to such matters and the Bank and/or the Account Holder may, in the event that their efforts to reach an amicable settlement fail, refer their differences (as provided by any Law or Regulation in force) to the Special Committee set up by the Central Bank of Cyprus for this purpose.

46. These terms and conditions shall be governed by the Laws of the Republic of Cyprus and the Courts of the Republic of Cyprus will have non-exclusive jurisdiction to determine any dispute arising hereunder. Nothing included in these terms and conditions shall affect the Bank’s right to take proceedings against the Account Holder and/or Authorised User in any other jurisdiction.