USER AGREEMENT
This Agreement (as may be amended from time to time) explains the terms and conditions which apply to you when you sign-up and to use the NCB Pay application. By accessing the NCB Pay application, registering an Account, using any Service or taking action to indicate your acceptance of these terms, you: (1) agree to be bound by this Agreement and any future changes to this Agreement which will be reflected on the website for the Bank or in the NCB Pay application; (2) represent that you are at least 18 years old; and (3) represent that you have the authority to enter into this Agreement (whether or not on your own behalf or on behalf of any other individual or person). You should not use the NCB Pay application or the Service if you do not agree to be bound by the terms of this Agreement. This Agreement takes effect immediately upon your signing up for the NCB Pay application.
1. DEFINITIONS
2. SIGNING UP TO NCB Pay
3. USING NCB Pay
4. UPGRADES
5. OWNERSHIP
6. NO ILLEGAL USE
7. DATA PRIVACY AND INFORMATION SHARING
8. SECURITY
9. ELECTRONIC COMMUNICATION
10. LIABILITY
11. GENERAL
12. ACCOUNT CLOSURE
13. QUESTIONS
SCHEDULE
SIGN-UP CONDITONS
1. DEFINITIONS
Account means your NCB Pay Account as the context requires. NCB Pay Account means the virtual transactional account which is an electronic wallet created for use by registered users of the NCB Pay application involving traditional legal tender, which is primarily accessed via a mobile phone. NCB Pay application means the mobile wallet service offered by the Bank which facilitates the supply and use of the Service. NCB Pay application user means the user of the NCB Pay application and the Service. Bank means National Commercial Bank Jamaica Limited or any other company or companies that provide the Service. Service means the financial services using mobile technology and includes money transfers to or from Third Parties, bill payments, credit and debit to and from bank accounts, other mobile wallets and between your NCB Pay Account, storing virtual representations of third party credit and debit cards on your supported wireless mobile device to make contactless payments at select merchants utilising the merchant’s contactless terminal or in-app or other digital commerce payments at participating merchants and means any and all services and features provided by the Bank from time to time accessed by or facilitated through the NCB Pay application. Sign-up information means the information about the NCB Pay application user that you enter when signing up on the NCB Pay application. Third Party means any party who accesses or has the benefit of the Service, including registered users, merchants and bill payees. you, yours, we refer to the person who has signed up for the NCB Pay application and will be bound by the provisions of this Agreement.
2. SIGNING UP TO NCB Pay
When you sign-up for the NCB Pay application, you agree to provide only true, accurate, current and complete Sign-up information and to update the information after any change. You also agree to the sign-up conditions set out in Schedule 1.
3. USING NCB Pay
Each NCB Pay application user, upon completion of registration and in continuing to use the NCB Pay application, agrees to be registered for one NCB Pay account. You can, at any time, ask to have the NCB Pay account removed by contacting Customer Care. While the Bank will make every reasonable attempt to provide the Service in accordance with its marketing and educational materials, you acknowledge that the Service is being made available to you “as is” and without any warranties. Peer to peer transactions cannot be cancelled or reversed. You should not perform any Service which would result in your exceeding the per transaction or daily limits set by the Bank from time to time. The Bank reserves the right not to process any transactions which would result in your exceeding any applicable limits. The Bank may vary the limits from time to time without notice to you. The Bank has the right at any time for any reason to remove any username that you may create in the NCB Pay application. You acknowledge and agree that you have no rights to the Account other than a non-exclusive licence to use the NCB Pay application for purposes related to the Service, and acknowledge that the licence ends when this Agreement terminates. The provisions of this Agreement shall not affect the provisions of any agreement between the NCB Pay application user and any third party which governs the use of any debit or credit cards linked to the Account. Your use of the NCB Pay application and the Service is also governed by any terms of use that apply to applications that are downloaded from the Apple Store or Google Play.
4. UPGRADES
From time to time, the Bank may need to change or upgrade the NCB Pay application, which may have the effect of changing the system requirements for NCB Pay users. By accepting the terms of this Agreement, you agree to the automatic updating but acknowledge that you are not entitled to receive future updates, new versions or enhancements to the Service.
5. OWNERSHIP
All title, ownership and intellectual property rights in the NCB Pay application, including the content, belong to the Bank and/or its licensors.
6. NO ILLEGAL USE
You agree not to use the NCB Pay Application and your Account for illegal or fraudulent purposes, or any other purposes which are not permitted under this license to use the NCB Pay application. You consent to the Bank carrying out identity and fraud prevention checks and sharing information relating to this application with any fraud prevention, law enforcement or security agency.
7. DATA PRIVACY AND INFORMATION SHARING
Privacy issues, including the security and confidentiality of personal information disclosed on or through the NCB Pay application, are taken very seriously by the Bank and will be kept confidential subject to any requirement under law to disclose the information or where required for the purpose of maintaining your Account or execute promotional activities. You further acknowledge and agree that your information may be shared with other companies in the NCB Financial Group including for marketing purposes.
8. SECURITY
You agree to monitor your Account and you will be held responsible for all transactions that take place on your Account. You are responsible for keeping your mobile device, your PIN and the application credentials private and secure from unauthorised use. If you share your credentials with any other person, they may be able to use your mobile device and get access to your NCB Pay account. The Bank is not responsible for the use of your PIN, password or any security mechanism which has been implemented by the Bank and, unless it results from the Bank’s negligence or fault, the Bank will not be responsible for any transaction which is performed using your username and/or pin, password or other security mechanism. You should contact the Bank immediately via 888-NCB-FIRST (622-3477) or the channels listed on our website www.jncb.com/reportfraud if you believe your mobile device or authentication credentials have been lost, stolen or compromised or an unauthorized person has used or may use your credentials without your authorisation.
9. ELECTRONIC COMMUNICATION
You consent to receiving communication from the Bank in an electronic form and agree that all terms and conditions, notices, disclosures and other communications that the Bank sends to you electronically will have the same legal effect as if they were sent in writing. Notices to you shall be sent to you via SMS, In-App Push Notification and or email.
10. LIABILITY
You understand and agree that your use of the NCB Pay application and the Service is at your own risk and they are provided on a “as is” and “as available” basis with all faults. To the fullest extent permitted by law, the Bank disclaims all warranties, representations and conditions of any kind, whether express or implied. The Bank makes no warranty that your use of the NCB Pay application will be uninterrupted, timely, secure or error free. In no event shall the Bank be liable for any loss of profits or revenue, or any indirect, incidental, exemplary, special or consequential damages or loss that you may suffer from using the NCB Pay application. In addition, the NCB Pay is not responsible for any loss that you may suffer as a result of any failure, malfunction, or delay in any third party equipment, mobile phone network, mobile phones, the internet or terminals or any of its supporting or shared networks or any errors you make in performing a transaction while using the Service.
11. GENERAL
You acknowledge and agree that this Agreement will be regarded as having been entered into in Jamaica and any breach of this Agreement will be considered as having taken place in Jamaica. The Bank may assign its rights under this Agreement to any person without your consent. This Agreement is governed by the laws of Jamaica and is subject to the exclusive jurisdiction of the courts of Jamaica.
12. ACCOUNT CLOSURE
The Bank shall have the right to close your Account for any reason at any time including for the purpose of or to facilitate complying with any applicable law or regulation.
13. QUESTIONS
If you have any questions, disputes, or complaints about the use of the NCB Pay application or your Account, please visit the Bank’s website or contact Customer Care.
SCHEDULE
SIGN-UP CONDITIONS
To sign-up to use the Services, you must:
- Be at least 18 years old
- Be a Jamaican resident
- Provide the requisite Know your Customer information as is requested by the Provider
