INTRODUCTION
These terms and conditions shall apply with regards to the use of the Online service (hereinafter referred to as “the Service”) provided by BK Capital (hereinafter referred to as the “BKC”). You are hereby requested to read and understand these Terms and Conditions before you subscribe to the use of the Service. By accepting these terms and conditions, you;
1) Acknowledge that you have read,
2) Understood
3) And agree to be bound by these terms
4) You agree for Bank of Kigali to contact you or its affiliates for various campaigns and promotional activities
5) You will be contacted for more information
Where any clarification is sort with regards to the interpretation and/or effect of these terms, please contact the BKC directly through its offices or through other Contacts in its Website.
These Terms and Conditions shall be read in conjunction with the Account Opening Terms and Conditions. In the event of any conflict between the two, these Terms and Conditions shall prevail.
Your Responsibilities for Security
You are advised that this service is a target for fraud scams and as such you should take the necessary precautions to safeguard it against more common scams which include but are not limited to:
Phishing: this takes the form of communication (e.g. emails) that claim to be from the service provider or other organizations but are sent to you by fraudsters to try and obtain your security details. BKC does not require and shall not request for your security access details over email.
Spyware: is a type of computer virus that can be installed on your computer without your knowledge. It can monitor your activity, capturing your security codes and other personal information. To make sure you don’t become a victim of spyware; make sure you have up-to- date anti-virus and anti-spyware software installed.
Usage and Access
For you to access this service, you shall be asked to create password which you shall be required to change immediately upon login. You are required to comply with all requirements, instructions and specifications including without limitation any registration and activation procedures as may be prescribed by BKC from time to time with regards to Safeguarding your Password.
In connection with safeguarding your password:
a) You should change your Password regularly and whenever the Service requires you to do so. You are also advised not to choose a Password that you had selected and used before.
b) You must choose a Password that is not likely to be guessed by anyone trying to access the Service. For example, you should avoid your own name, your birthday, or any part of your telephone number. Moreover, you must take all reasonable steps to ensure that you always safeguard your password. You must not disclose any details of your Password to anyone else, not even to a member of our staff or to someone giving assistance on a technical helpdesk in connection with the Service.
c) You must not record your password in a way that could make it easily identified by someone else.
d) You are requested to contact BKC if you discover or suspect that your password or any part of it has been known by someone else. Where such an event occurs, you are requested to
immediately change the Password or request BKC to suspend the use of the Service until a new password is sent to you.
You should not reveal your password to any other party (unless the disclosure is to an authorized user) and you should take all necessary steps to prevent its disclosure to any other party. You should not allow an unauthorized user to operate the Service on your behalf. You shall promptly report or inform BKC where there is a suspicion or a certainty that your credentials have been disclosed or discovered by any other party.
You should comply with any other requirements designed to enhance the security of the Service. Should you continue to use the Service after such enhancements have been added, you will be deemed to have accepted them.
Complying with Policies, Laws, and Regulations Instructions
BKC may take any action which it considers appropriate to comply with any policies, laws, and regulations it is subject to. Such action may include, but is not limited to the interception, investigation and requisitions into any payment messages and other information or Instructions sent to or by you through the service.
Instructions
You authorize BKC to accept, follow and act upon all instructions when identified by your PASSWORD and BKC shall not be liable for acting upon such instructions in good faith. BKC shall neither be liable for any loss whatsoever arising out of acting upon such instructions nor be obliged to investigate the authenticity of such instructions or verify the accuracy and completeness of such instructions unless where you have reported the compromise of your Password.
Such instructions shall be deemed irrevocable and binding on you upon BKC receipt notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in respect of the terms of such instructions. BKC shall be entitled but not obliged to verify any instructions carried out via the Service by calling back via telephone.
You are entitled to change your PASSWORD from time to time. However, BKC shall be entitled at its absolute discretion to reject any Password selected by you without giving any reason thereof. Where a Password is rejected, you are requested to select a substitute PASSWORD that shall take effect upon confirmation. When selecting a substitute PASSWORD, you should refrain from selecting any series of consecutive or similar numbers or alphabets or any series of numbers or alphabets that may easily be identified.
BKC may at its absolute discretion cancel, withdraw, restrict, suspend, vary or modify the Service (whether in whole or in part) and/or the mode(s), method(s) or channel(s) available for accessing the Service upon giving you reasonable notice and BKC shall not be liable to you for any loss or damage as a result thereof.
You shall be wholly responsible for all transactions executed using the Service and identified by your PASSWORD. You shall be responsible for obtaining and using the necessary software and/or equipment necessary to obtain access to the Service at your own risk and expense. You shall also be responsible for the performance and security (including without limitation taking all necessary measures to the extent reasonably possible to prevent unauthorized use or access) of the Service.
You represent that, to the best of your knowledge, your platform through which your access to the Service may be affected, is free from any electronic, mechanical, data failure or
corruption, computer viruses, bugs and/or other harmful or malicious software of any kind whatsoever. You agree that BKC is not responsible for any electronic, mechanical failure or corruption, computer viruses, bugs and/or other harmful or malicious software of any kind whatsoever that may be attributable to the service. BKC may at its absolute discretion upgrade, modify or alter the Service for accessing the Service at any time upon giving you reasonable notice.
Where BKC has upgraded, modified, or altered the Services, BKC shall provide reasonable period within which you should adjust your own systems to utilize such modified version of the Online System. BKC shall not support any prior version of the service if you have failed, neglected and/or refused to upgrade to a new version. You shall be solely responsible and liable for all losses and consequences arising from or in connection with any failure by you to comply with any of the foregoing. BKC shall not be liable for any losses, damages, delay, or consequences resulting from your default to upgrade the service.
Changes and Disruptions
BKC shall take reasonably practicable steps to have the Service available for use. You accept, however, that routine maintenance requirements, excess demand on the systems and circumstances beyond our control may mean it will not always be possible for the Service to be available during its normal operating hours.
BKC may, at any time, change the mode of operation; add to, remove, or otherwise change, end, or suspend any of the facilities available; or end the Service. BKC shall, in any of the preceding events, give you notice period of notice may be reasonable in the circumstances.
Intellectual Property
You acknowledge that all proprietary rights relating to and in connection with the Service and all updates thereof, including but not limited to title, trademark rights, patent rights and copyright shall always vest and remain vested in the BKC.
You agree that the BKC has granted you only a non-exclusive license to use the service for its intended purposes as provided hereunder. You shall therefore not disassemble, de- compile, copy, modify or reverse engineer any such software. Although the BKC shall use reasonable endeavours to ensure that the Service is secure and cannot be accessed by unauthorized third parties, the BKC does not warrant the security or confidentiality of any information transmitted through any relevant Internet service provider.
You consent to the collection, storage, communication, and processing of any of the Account(s) balance information by any means necessary for the BKC to maintain appropriate transaction and account records and to the release and transmission to and the retention by the relevant service providers of details of the Account(s), PASSWORD, transaction information and other information to enable your use of the Service.
Liability
You agree to indemnify and hold BKC harmless against any consequences, claims, proceedings, losses, damages, or expenses (including all legal costs) whatsoever and howsoever caused that may arise out of:
a) BKC accepting and acting upon instructions sent to it.
b) The improper or unauthorized use or breakdown of the service.
c) Any inability or delay in accessing the service due to challenges in accessing the Internet
d) Any delay or failure in any transmission, dispatch, or communication facilities.
Anti-Money Laundering, Proceeds of Crime and Other Offences
You declare, agree, and undertake to BKC that instructions effected through the service will not breach any Law of the recipient or country of origin. By accepting these Terms and Conditions you agree that BKC may delay, or refuse to process any transaction without incurring any liability if BKC suspects that:
(a) the transaction may breach any Law of the country or any other country.
(b) the transaction may directly or indirectly involve the proceeds of crime, or be applied for the purposes of, unlawful or illegal conduct.
You must provide all information or documents to BKC where the same is demanded by BKC to manage money-laundering, terrorism-financing risk, economic and trade sanctions risk; or to comply with any prohibitions that may be applicable to BKC with respect to any transaction. You also authorize BKC to disclose any information concerning your account to any law enforcement, regulatory agency, taxation authority or court where such is required in compliance under any Law.
Disclosure of Information
By signing this agreement, you hereby consent to the disclosure of your information by BKC and/ or any of its officers or employees to any of the following:
a) Any office of BKC or its affiliates.
b) Any agent, contractor or third-party service provider, or any professional adviser of BKC or another Group Member.
c) Any guarantor, or third-party security provider.
d) Any regulatory, supervisory, governmental, or quasi-governmental authority with jurisdiction over BKC or another Group Member.
e) Any actual or potential participant or sub-participant in, or assignee, or transferee of, any of BKC’s rights and/ or obligations in relation to you.
f) Any person to whom BKC is required or authorized by law or court order to make such disclosure.
g) Any person who is under a duty of confidentiality to BKC.
h) Any bank or financial institution with which you have or proposes to have dealings.
Notices
You agree to notify BKC in writing or through other means in case of any change in your particulars. Any statement, advice, confirmation, notice, demand, and all other correspondence by BKC under these Terms and Conditions (the “Correspondence”) shall be served on you:
a) where you are an individual, to you or your personal representatives) personally or
b) where you are a corporation or partnership) on any of your authorized officers or partners personally; or
c) by sending it to you or to your last address registered with BKC.
d) In the case you are Joint Account holders, to you both. BKC may at any time at its absolute discretion and upon written notice of not less than 30 days, amend any one or more of these terms and conditions and where you shall, after receipt of such notice of change of terms and conditions, continue to use the Service(s), you shall be deemed to have agreed with and accepted the amendments. You shall be required to discontinue with the service if you do not agree to the amendments.
Where BKC decides to discontinue the provision of any of these Services, BKC shall give a 30 days’ written notice of such discontinuation to you and such notice shall be operative from the date of the notice. BKC may notify you of any changes to these terms and conditions by:
a) Publishing such changes in the statements of account to be sent to you.
b) Displaying such changes on BKC’s online platforms (website, social media, etc.)
c) Electronic mail or letter.
d) Publishing such changes in any newspapers; or
e) Such other means of communication as BKC may determine in its absolute discretion.
