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Mobile App Terms and Conditions

TERMS AND CONDITIONS FOR USE OF THE CABS MOBILE PHONE APPLICATION

By completing the installation and registration process of the application, on your mobile device, you agree and accept, the terms and conditions of use set out below. If you do not wish to be bound by these terms and conditions, you should not complete the installation or registration of the application.

1. DEFINITIONS AND INTERPRETATION

In this agreement ("terms and conditions"):

a) The following words or expressions have the following meanings:

  1. "Application" or “App” means the method and services available from and through CABS for communicating data, text, audio and video, with compatible mobile devices and for receiving advertisements, incentives and other material using the Software developed and managed by CABS;
  2. "Software" means the software and other media, enabling the use of the Application;
  3. "User" or “Accountholder” means any person who accepts installation of the Software or uses the Application.

b) References to the singular includes the plural and vice versa;

  1. Links contained in these terms and conditions to other documents should be deemed part of these terms and conditions. Although links may, from time to time, be non-operational, this shall not affect the validity and interpretation of these terms and conditions.
  2. Clause headings are for convenience and not to be used in interpreting these terms and conditions.

2. USAGE

a) CABS licenses the User to install and use the Software and enable and use the Application provided that such use is for personal use and benefit only.

b) Content from the Application may not be used or exploited by Users for any commercial or non-personal purposes without the prior written consent of CABS.

c) The User is permitted to use the Application for lawful purposes only. Unauthorised use of the Application includes posting or transmission of data which violates or infringes in any way upon CABS's rights or third parties' rights, which is unlawful, defamatory or otherwise objectionable. Unauthorised use of the Application may lead to CABS instituting legal proceedings against the User.

d) All licenses and/or permissions granted by CABS are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by CABS at any time and without prior notice or reasons.

e) Although the Application is provided free of charge by CABS, the User recognises that there may be a data charged by the User's service provider in respect of the use of the application.

3. INTELLECTUAL PROPERTY RIGHTS

a) All intellectual property in respect of the Application are the property of or are licensed to CABS and as such, are protected from infringement by the intellectual property laws and by international legislation and treaties. Subject to the rights licensed to the User herein, CABS reserves all other rights to all intellectual property in respect of the Application.

b) No person may amend, copy, use, decompile and / or reverse engineer the source code of the Software.

4. MOBILE BANKING SERVICE USAGE

a) The use of the App shall be subject to the rules of CABS which govern deposits and withdrawals.

b) Unless otherwise proved on a balance of probabilities, any disclosure or discovery of the account holder’s Mobile Banking Service’s PIN shall be deemed to have been voluntarily made or made with the consent of the account holder and the onus of proof to the contrary shall be on the account holder.

c) The CABS Mobile application requires access to your phone contacts, location and messaging service in order to provide services that require this information. By downloading and installing the application, you consent to our access of this information.

5. CHARGES*

Use of the App will attract the following charges, which will be debited to the Accountholder’s account:

TRANSACTION

CHARGES*

Send to phone-Scheme

$0.20 plus 1% of Transaction amount

Send to phone- Legacy

$0.20 plus 1% of Transaction amount

Airtime -Purchase

Free of Charge

Bill Payment

$0.50

Mini Statement and Balance Enquiry

$0.12

Internal  Account Transfer

$0.55

* Charges are effective 1 November 2014. These charges may be varied from time to time as published by CABS.

6. ACCOUNT HOLDER LIABILITY

CABS shall be entitled to automatically debit any account maintained by the Account holder in respect of all transactions initiated or effected by the account holder using the App.

7. CANCELLATION OF TRANSACTION INSTRUCTION(S)

a) The customer's instruction involving a payment via the App cannot be cancelled except for forward dated transfers only, as these can be cancelled before the forward date arrives.

b) If you request to cancel any instruction, CABS will make all reasonable efforts to comply with your request. However, CABS shall not be liable for any failure to cancel customer instruction should there be reasons to do so, or should the request be received under circumstances that render CABS unable to comply with the request.

8. MOBILE BANKING SECURITY

a) It is customer's responsibility to set up, maintain and regularly review security arrangements concerning access to, and use of, the Mobile Banking Service, and information stored on the mobile device you are using the app.

b) The customer acknowledges that information transmitted through the internet or any other communication system which includes wireless communication is susceptible to unlawful access, distortion and monitoring and that the customer uses the internet banking at their own risk.

9. INDEMNITY

a)     CABS shall not be held liable for any loss or damage, direct or indirect, actual or contingent, arising out of the failure or malfunction of the App, or internet connectivity. Neither shall it be held liable for the failure or malfunction, loss or destruction of any data recorded or retained by means of computer, any delay in effecting any transaction initiated by means of the App.

b)     It shall be the sole responsibility of the Internet Banking Customer to ensure that his / her mobile device is secure and is optimal for such services, and indemnify CABS in respect of any losses arising as a result of delays beyond CABS' control in processing of transfers.

c)      You are responsible for the accuracy and completeness of your payment and/or transfer instructions and ensure that they will achieve your intended purpose. CABS shall not be liable for any loss or delay where the contents of the customer's instruction are inaccurate or incomplete.

d)     CABS shall not be liable for the reliance by the Account holder or any other person on inaccurate information obtained by means of the App, industrial action by any of CABS employees, any loss or damage arising by way of vis major, Act of God or any other cause not wholly under the direct control of CABS including the loss of registered device which may result in the unauthorised use of the App.

10.  CANCELLATION OF MOBILE BANKING SERVICE

You are obliged to advise CABS in writing if you no longer wish to use the CABS Mobile Banking Service. Notification (if oral to be followed up immediately with written notification) should be sent to CABS when the Mobile Banking Customer suspects that his / her credentials have been compromised. Only until receipt of the notification all Mobile Banking transactions shall be deemed to have been made.

11.  SUSPENSION OR TERMINATION OF MOBILE BANKING SERVICE

In order to protect CABS and the customer, CABS shall be entitled to immediately suspend or withdraw all or some of the Mobile Banking Services, if the service is being used contrary to the Terms and Conditions of this agreement and also if CABS has reasonable grounds to believe that Mobile Banking Service is being used negligently or fraudulently.

12.  REGULATORY COMPLIANCE WITH ANTI-MONEY LAUNDERING

I confirm that all the funds in my accounts and funds to be transferred to and from my account(s) would be funds realised from genuine transactions or otherwise gained as a result of legitimate underlying cause and thus, would be in compliance with Money Laundering and Proceeds of Crime Act, 2013

13.  DATA CONSUMPTION

i) The Application uses the data channel (GPRS) of your mobile device to communicate. Although usage is low, you must be aware that data will be consumed from your airtime. It is highly recommended that a data bundle is purchased with your Network Mobile Operator in order to save on data costs. Data is consumed by performing the following actions (but not limited to): authentication, application start-up, messaging, sending/receiving locations, accessing content, updating of profile information, viewing profile information, accessing external content via your mobile device's Internet Browser, and contact synchronisation.

ii) For BlackBerry users: the Application requires the BIS (BlackBerry Internet Service) Browser in order to function correctly. Depending on your BIS plan, the Application may incur additional network data as detailed in the previous paragraph.

iii) Please also be aware that if you are roaming, you may be subject to higher data pricing and you should check with your Network Mobile Operator/carrier for detailed data pricing.