TERMS AND CONDITIONS FOR FIRST CITY MONUMENT BANK LIMITED FCMB USSD

You (Customer) should read this Terms and Conditions before completion of enrollment on the FCMB USSD (*329#)

1. Representing that you are over 18 years old and have the capacity and authority to bind yourself to the terms and conditions of this license, and

2. You will be deemed to have read and accepted these terms and conditions when you first enrolled on the FCMB USSD, and are consenting to be bound by this license.

If you do not agree to all the terms and conditions of this agreement, or do not represent the foregoing, choose the “DECLINE” button, in which case you will not enroll or use the application.

1. GENERAL CONDITIONS FOR THE FCMB USSD

1.1 FCMB USSD is any service we offer that enables you to receive information from us and to transmit instruction to us electronically, in relation to an account, credit account or other matter we specify, using a mobile device capable of accessing the internet.

1.2 Each time you use the USSD Banking platform these terms and conditions for the FCMB USSD apply.

1.3 The FCMB USSD is an extension of facilities offered by FCMB. However it can also be a standalone product.

2. ACCESS TO FCMB USSD

2.1 FCMB USSD is available to all Retail and Personal Business Account customers of FCMB. When interested, users must register to get started by dialing *329#.

2.2 Customer will register with the use of their account number and create their transaction pin to access the FCMB USSD.

2.3 The service is accessible by all phone types (featured and non-featured phones) and users of USSD Banking must ensure their phones are always secured. FCMB will not be responsible for any damage or loss to a mobile device as a result of your access or use or attempted access or use of the *329# BANKING.

3. AVAILABILITY OF FCMB USSD

3.1 All conditions of use and charges relating to mobile device you use to access the *329# USSD BANKING are your responsibility. FCMB shall not be liable for any cost you incur to access the *329# using a mobile device.

3.2 You should check with the telecommunication provider for your mobile device whether you will be able to access the *329# if you travel outside of Nigeria. FCMB shall not be liable for any additional cost you may incur to access USSD Banking outside Nigeria.

4. NO WARRANTY

You expressly acknowledge and agree that use of the application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and efforts is with you. To the maximum extent permitted by applicable Law, the application and any services performed or provided by the application (“services”) are provided “as is” and “as available”, with all faults and without warranty of any kind, and application provider hereby disclaims all warranties and conditions with respect to the application and any other services, either express, implied or statutory including, but not limited to, the implied warranties and/or conditions of merchantability of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application provider does not warranty against interference with your enjoyment of the application, that the functions contained in, or services performed or provided by, the application will meet your requirements, that the operation of the application or services will be uninterrupted or error free, or those defects in the application or services will be corrected. No oral or written information or advice given by the application provider or its authorised representative shall create a warranty. Should the application or service prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdiction does not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

5. USE OF USSD BANKING

5.1 Not all the functions and features of internet banking are available for USSD Banking. The features of the *329# BANKING include but not limited to

· Balance Enquiry

· Airtime & data purchase

· Funds Transfer

· Bills Payment

· Merchant Payment

· Loan services

· Account Statement

· Card/Account Blocking

· Pin change and reset

· Transaction Code change and reset

· Link BVN

· Limit Increase

The USSD Pin and Transaction Code are required to access the USSD Banking services provided by this platform. The USSD PIN and code is required together to successfully carry out Bills Payment and Funds Transfer transaction on this platform. Under no circumstances shall you allow anybody access to your account through the service by divulging your USSD PIN and Transaction Code, to a third party, as you shall be solely liable for such disclosure.

You understand that your USSD PIN and Transaction Code, are used to give instructions to the bank and accordingly undertake:

1. That FCMB is irrevocably authorized to comply with any instructions given to the bank through this platform and it is agreed that such instruction shall be irrevocably deemed to be your instruction.

2. To change your PIN and Transaction Code immediately you are made aware that it has become known to someone else.

3. That FCMB is exempted from any form of liability whatsoever for complying with any or all instructions given by means of the Customer’s PIN and Transaction Code accordingly, the bank shall not be responsible for any fraudulent, duplicate or erroneous instruction given by the means of Customer’s PIN and Transaction Code.

4. That FCMB is expressly exempted from any liability arising from unauthorised access to your account and/or data as contained in the banks records, which arises as a result of your inability and/or otherwise to safeguard your PIN and Transaction Code, and/or failure to log out of the system completely by allowing on screen display of your account information.

5. That FCMB is further relieved of any liability as regards breach of duty of secrecy arising out of your inability to observe and maintain the secrecy of your PIN and Transaction Code, as the usage of your password by third party shall be interpreted to be with your consent.

6. That FCMB is further relieved of any liability for loss that may arise as a result of transfer of ownership of the device on which this FCMB USSD rests either by theft, gift or by any other means.

7. That FCMB is further relieved of any liability for loss that may arise as a result of acts of hackers and other unauthorised access to your account via the service.

8. To urgently notify FCMB immediately upon your suspicion that the confidentiality of your PIN and Transaction Code are compromised.

9. To irrevocably accept full responsibility, indemnify FCMB and bear liability for any fraud, loss and/or liability to FCMB or third party arising from the increase of transaction limit, usage of Customer’s PIN and Transaction Code on this platform.

6. SERVICE CHANGES AND DISCONTINUATION

FCMB reserves the right to change or discontinue, temporarily or permanently, the service at any time without notice. In order to maintain the security and or integrity of the service the bank may also suspend Customer's access to the service at any time without notice. Customer agrees that the bank will not be liable to the Customer or any third party for any modification or discontinuation of the service.

7. MISCELLANEOUS

a. FCMB shall not be considered an agent or other legal representative of the Customer for any purpose by reason of these terms and conditions and/or any other party whom the Customer is using this service to pay.

b. This agreement cannot be amended by the Customer nor any of FCMB’s rights waived unless the bank agrees in writing or Customer continues using the service following receipt of notice of any changes proposed by the bank.

c. These terms and conditions is personal to the Customer and the Customer may not assign it to anyone.

d. The laws of the Federal Republic of Nigeria shall apply to this agreement.