Terms And Conditions
TERMS AND CONDITIONS
Electronics Banking Agreement
A. Terms of Service
Fidelity Electronic Banking Services include but are not limited to the Bank’s Internet Banking, Automated Tellering Machine (ATM) Services, Cards Services, Electronic Fund Transfer and Short Message Service (SMS) Alert (“the Service “ or “e-banking”) provided to registered users of the Service. By using Fidelity e-banking, you agree to be legally bound by this Fidelity e-banking User Agreement (the “User Agreement”) and Fidelity Bank terms of service. If you do not agree to this user agreement, please do not use Fidelity e-banking. We reserve the right, at our discretion to change, modify, add, or remove portions of this user agreement at any time. Please check these terms periodically for changes. Your continued use of Fidelity e-banking following the posting of changes to these terms will mean you accept those changes. You can always check out the most current version of the agreement on this page. We will do all we reasonably can do to prevent unauthorized access to your account and to make sure they are secure.
B. General terms of service and restrictions on use of materials
If you do not comply with the user agreement at any time, Fidelity Bank reserves the right to terminate your account and your access to Fidelity e-banking. Fidelity Bank may discontinue or after any aspect of Fidelity e-banking, including, but not limited to (i) restricting the time Fidelity e-banking is available (ii) restricting the amount of use restricted, and (iii) restricting or terminating any user’s right to use Fidelity e-banking, at Fidelity Bank’s sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to Fidelity e-banking through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem) or other device, necessary to connect to Fidelity e-banking.
If you use the Service, your computer and internet settings must meet any reasonable requirements we may set; you must carry out your own regular virus checks; and you must not change or copy any software we provide or give same to another person.
In order to permit Fidelity Bank to protect its reputation, employees, affiliates, partners, stakeholders, members and quality of its products and services, you hereby consent to Fidelity Bank Support Group, being able to access your account and records on a case by case basis to investigate complaints or allegations of fraud or illegal or misleading activity, or abuse. Fidelity Bank shall not disclose the existence of occurrence of such an investigation unless required by law.
You acknowledge that Fidelity e-banking contains information, software, test, graphics, music, sounds or other material (collectively “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
All contents is copyrighted as a collective work under the copyright laws and Fidelity Bank owns a copyright in the selection, coordination, arrangement and enhancement of such content. The Fidelity Bank name and logo are trademarks of Fidelity Bank. All other trade marks appearing on Fidelity e-banking are trademarks of their respective owners; Fidelity Bank’s partners may also have additional proprietary rights in the contents which they make available through Fidelity e-banking. You may not modify, publish, transmit, participate and transfer or sale, create the derivative works, or in any way exploit, any of the content, in whole or in part.
C. Account Password and Security
To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration process. You may be required to choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password, account, PIN, and other security details. Furthermore, you are entirely responsible for any and all activities that occur under your account.
When we contact you, or you contact us, we need to check your identity before you can give us instructions or before we can disclose or discuss confidential information about your account. To do this, you must complete a security procedure we have agreed with you personally. The security procedure includes the use of a user identity number we give you, and a password and memorable information you choose, or where we have provided you with one, an access code device, which generates a unique number to enter when requested; and in the case of your debit or credit card, your Personal Identification Number (PIN) and your Card Verification Value (CVV) (your ‘Security Details’).
As long as we have confirmed your identity by completing the agreed security procedure, we will assume that we are dealing with you and that you have agreed to us disclosing information and acting on any instructions without getting further confirmation from you.
When you give us instructions using the service, we will ask you to check and confirm your instructions using the security procedure. For additional security, we may also call you when you give us instructions, for example when setting up a payment to a new recipient or when you are using the platform from an unusual location or region. You will need to confirm your instructions when we call by entering the security details we provide you. You are responsible for checking your instructions are correct.
You will need to provide us with at least one telephone number so we can contact you under the condition above to confirm your instructions, otherwise, we will not be able to carry them out. You can view and amend your contact details at any time.
You must:
- Follow the instructions we give you, which we reasonably consider are needed to protect you and us from unauthorized access to your account;
- Not let anyone else use your Security Details, not even someone sharing a joint account with you as he or she will need use his or herown;
- Keep your Security Details secure and, Where relevant, protect them from damage;
- Log off each time you finish using the service (for your security, we will automatically log you off the service if there has no activity on the service after a shot period);
- Do all you reasonable can to make sure no one finds out your Security Details, for example by not:
- Choosing an obvious password or memorable information as part of your security details such as your date of birth
- Writing your security Details on documentation that relates to your account,
- writing down your security Details in a way that is recognizable or
- Recording your security Details in software which retains it such as internet browser ‘’remember password’’ features
You agree to notify Fidelity Bank immediately of any unauthorized use of your account or other breach of security
You must change your security for using the service or tell us as soon as you can by calling our helpdesk or visiting one of our branches if you;
A. Think that security Details have been lost stolen, damage ,or are being misused
B. Think someone may be accessing your account without your authority or
C. Think that someone has discovered your security Details
If you elect to register to use Fidelity e-banking you agree to; (a) provide true, accurate current and complete information about yourself as promoted by Fidelity e-banking registration form (such information accurate. If you provide any information that is untrue, inaccurate or incomplete or Fidelity Bank has reasonable grounds to suspects that such is the case, Fidelity Bank has the right to suspend or terminate your account without notice to you and refuse any and all current or future use of Fidelity e-banking (or any portion thereof)
D. Illegal Activities
Fidelity Bank reserves the right to immediately suspend, terminate access and investigate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any fraudulent or illegal activities.
In addition, because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay Fidelity Bank liquidated damages of N150,000 for each piece of transaction from or otherwise connected with your account or maximum liquidated damages permitted under the law, whichever is greater, otherwise agree to pay Fidelity Bank’s actual damages, to the extent such actual damages can be reasonably calculated.
E. Disclaimer
Fidelity Bank utilizes diligent efforts to maintain Fidelity e-banking, but Fidelity Bank is not responsible for any defects or failures associated with Fidelity Bank or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
Please note the following important Disclaimer or Warranties
Fidelity e-banking is provided ‘as is’ and you use it at your sole risk. Fidelity Bank expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non infringement. Fidelity Bank does not make any warranty that Fidelity e-banking will meet your requirements, that it will be uninterrupted, timely, secure or error free, or that quality of any products, services, information, or other materials obtained through the Fidelity e-banking will meet your expectations. Any material downloaded or otherwise obtained through the use of Fidelity e banking is done at your sole risk and you will be solely responsible for any damage to your own computer system or loose of data that results from the download of any such material. Furthermore, please note that no advice or information, obtained from by you from Fidelity Bank or through the Fidelity e-banking shall create any warranty not expressly provided for in this user agreement.
F. Limitation of Liability
You expressly understand and agree that Fidelity Bank shall not liable for any direct, indirect incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profit, goodwill, use, data or other tangible losses (even if Fidelity Bank has been advised of the possibility of such damages), resulting from (i) the use or the inability to use Fidelity e-banking (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Fidelity e-banking (iii) unauthorized access to or alteration of your transmissions of data (iv) statements of conduct of any third party from Fidelity e-banking; or (v) any other matter relating to the Fidelity e-banking or operation of the Fidelity Bank sweepstakes. In no event shall Fidelity Bank’s total liability to you for all damages losses, and causes of action (whether in contact, tort (including, but not limited to, negligence) or otherwise exceed the amount paid by you, if any, for accessing the site.
We will not be liable for losses or cost caused by abnormal and unforeseeable circumstances outside our reasonable control, which would have been avoidable despite all efforts to the contrary, for example delays or failures caused by industrial action, problems with another system or network, mechanical breakdown or data-processing failures.
You agree that any and all disputes which cannot be resolved between the parties, and causes arising out of or connected with Fidelity e-banking, shall be resolved individually, without resort to any form of class action.
Some jurisdiction do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations may not apply to you.
G. Indemnification
You are entirely responsible for maintaining the confidentiality of your password and account, further, you are entirely responsible for any and all activities which occur under your account .You agree to indemnify, defend and hold harmless Fidelity Banks its, affiliates and subsidiary companies officers, directors, employee, consultants and agents from any and all kind party claim , liability damages and /cost (including but not limited to Attorney fees)arising from you use of our service , your violation of the user agreement or your infringement , or infringement by any other user of your account ,of any intellectual property or other right of any person or entity . You agree to immediately notify Fidelity Bank of any unauthorized use of your account or any other breach of security know to you.
H. Termination and modification
You agree that Fidelity Bank in its sole discretion may without prior notice to you, suspend or your password, account (or any part thereof) or use of the Fidelity e-banking, and remove and discard any content within Fidelity e-banking, for any reason, including, without limitation, for lack of use if Fidelity Bank believes that you violated or acted inconsistently with the letter or spirit of this user Agreement. Fidelity Bank may also in its sole discretion and at any time discontinue providing Fidelity e-baking or any part thereof, with or without notice. You agree that any termination of your access to the Fidelity banking may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Fidelity e-banking. Further, you agree that Fidelity Bank shall not be liable to you or any third party for any termination of your access to Fidelity e banking.
I. Non-use Account
Unless you have Fidelity e-banking account set up for you. Fidelity Bank may terminate your login account and delete all transaction, files and correspondence in your account without prior to you if you have not logged into accessed your account for ninety consecutive days.
J. Variation
The Bank may vary the terms of this Agreement at any time without notice to you. Notification of any such variation shall be either in writing or by publication thereof, by such means as Fidelity bank may select and a variation so notified shall bind you.
K. Violation of user agreement
Should you violate this user agreement or any other rights of Fidelity Bank and or Fidelity e-baking, Fidelity Bank reserve the right to purse any and all legal and equitable remedies against you, without limitation, terminating any and all user accounts for any of the Fidelity banking.
L. Governing Law and other miscellaneous terms
These terms shall be governed by and construed in accordance with the laws of Nigeria, without giving effect to principles of conflicts of law, You agree that any action at law or in equity of or relating to these terms shall be filed only in the state or federal courts for the purpose of litigation any such action, If any provision of these terms shall and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between you and Fidelity Bank relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. These User Agreement will inure to the benefit of Fidelity Bank’s successors, assigns and licensees.
