Terms & Conditions
Guaranty Trust Bank (Kenya) Limited will never ask you for your access codes (User/Corporate ID, Password/PIN) in any way (e.g. via phone or e-mail). These codes are strictly personal and you must never reveal them to anyone.
Keep the access codes (User/Corporate ID, Password/PIN) confidential in a way that is not feasible for them to be disclosed/stolen.
Sign on to Guaranty Trust Bank (Kenya) Limited Internet Banking Service only via Guaranty Trust Bank (Kenya) Limited’s website, (www.gtbank.co.ke), and never via other links appearing on other websites, search engines or e-mail messages.
Update your PC with the latest versions and security patches of the operating system (e.g. Windows) and the browser (e.g. Internet Explorer, Firefox).
Regularly inspect your PC for viruses and other malicious programs using the latest versions of antivirus and antimalware utilities.
ATTENTION: There are malicious programs which could be installed unintentionally on your PC, with the objective of stealing Login Details. If, during your sign-on to Guaranty Trust Bank (Kenya) Limited Internet Banking, you notice any “unusual” messages that encourage you to re – enter your access codes, stop the procedure, Call our Customer Service Department on +254 20 3284000 or +254 703 084000 and/or have your PC cleaned from viruses and other malicious software from which it may have been infected.
Ignore and immediately delete suspicious e-mails that ask you to provide your personal data, including links or attachments. Do not open the attachments.
Guaranty Trust Bank (Kenya) Limited Internet Banking webpage will not ask you to enter personal or account information during the login process or for any Internet Banking pages where the information requested is not relevant to the transaction. If you are prompted to do so, DO NOT enter the requested information and contact us immediately.
Click OK to continue to Guaranty Trust Bank (Kenya) Limited Internet Banking Service webpage. By clicking OK, you accept usage of the Internet Banking Service subject to the Bank’s Internet Banking Terms and Conditions.
GUARANTY TRUST BANK (KENYA) LIMITED
INTERNET BANKING TERMS AND CONDITIONS
These terms and conditions (hereinafter referred to as “these Terms and Conditions”) apply to the use of our internet banking services. These Terms and Conditions enumerates the Customer’s rights and responsibilities and those of Guaranty Trust Bank (Kenya) Limited regarding the use of our internet banking services.
All products and services provided by the Bank are subject to their own specific terms and conditions (“product agreements”) and to the Bank’s General Terms and Conditions signed by the Customer at the time the Customer opens a Bank Account;
These Terms and Conditions shall be read in conduction with the aforesaid product agreements as well as the General Terms and Conditions.
The Customer hereby agrees to comply with and be bound by these Terms and Conditions and recognizes that these Terms and Conditions are without prejudice to any right that the Bank may have with respect to the Bank Account in law or otherwise.
Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires:
a) “We”, “us”, “our”, “the Bank” means Guaranty Trust Bank (Kenya) Limited, incorporated in Kenya as a limited liability company under the Companies Act (Chapter 486 of Laws of Kenya) and licensed to carry on banking business under the Banking Act (Chapter 488 of the Laws of Kenya) in the Republic aforesaid and includes such Branch or Subsidiaries of the Bank as may from time to time be specified by the Bank to the Customer;
b) “Banking Day” means a day on which the counters of the Branch and/or Bank Subsidiary (as applicable) are open for the transaction of ordinary business;
c) “Bank Subsidiary” means the subsidiary or subsidiaries or the Bank which may from time to time be specified by the Bank to the Customer;
d) “Branch” means a branch or branches of the Bank which may from time to time be specified by the Bank to the Customer;
e) “Bank Account” means the Customer’s current and savings deposit account(s), current overdraft facility account(s) and term and call deposit account(s) (as the case may be) with the Bank;
f) “You”, “your”, “the Customer” means the Bank’s Customer who is operating an active Bank Account on which the Service is available.
g) “Customer Group” means the Customer and where the Customer is a company; its holding company (if any) and their respective subsidiaries from time to time;
h) “Corporate Administrator” means the person appointed by the account signatories of a Bank Account held by a corporate Customer, to create other internet banking operators.
i)“Corporate User/Maker” means the internet banking operator created by the Corporate Administrator with System rights to create or initiate Requests (whether for payments or other requests) on the System.
j) “Corporate Dual User” means internet banking operator created by the Corporate Administrator with System rights to create or initiate as well as authorize Requests (whether for payments or other requests) on the System.
k) “Corporate Authorizer/Checker” means internet banking operator created by the Corporate Administrator with System rights to authorize Requests (whether for payments or other requests).
l) “Deposit Account” means a Bank Account with an available credit balance;
m) “General Terms and Conditions” means the Bank’s General Terms and Conditions signed by the Customer at the time the Customer opens a Bank Account;
n) “Nominated User/s” means the representative or representatives of the Customer authorized by the Customer to hold and change the Password/PIN and hence to access the System and Service on behalf of the Customer;
o) “Password/PIN” means the secret password known only to the Customer or the Customer’s Nominated User for the access to the System. The Customer or its nominated user may change the password/PIN at will;
p) “Request” means a request or instruction received by the Bank from the Customer or purportedly from the Customer through the System and upon which the Bank is, by virtue or subparagraph 6.1, authorized to act;
q) “Service” means such of the internet banking services, offered by the Bank which may be collectively branded by a product name, as the Customer may from time to time subscribe for;
r) “System” means the electronic banking and communications software enabling the Customer to communicate with the Bank for the purpose of the Service. The System and Service will for the purpose of these Terms and Conditions be accessed through the internet via the Bank’s website, www.gtbank.co.ke; and
s) “Application/Subscription” means application/subscription for the internet banking service by a Customer;
t) “User ID” means a unique identifier of the Customer in the System and typically, it is the retail Customer’s Customer Identification File (CIF) as recorded in the Bank’s core banking system;
u) “Corporate ID” means a unique identifier of the corporate Customer in the System and typically, it is the corporate Customer’s Customer Identification File (CIF) as recorded in the Bank’s core banking system;
1.2. In these Terms and Conditions:
Where “the Customer” is more than one person, references to “the Customer” shall include all and/or any of such persons and the obligations of the Customer shall be joint and several;
Words in the singular shall include the plural and vice versa and words importing any gender shall include all other genders;
Reference to the Bank shall where the context so admits include its successors and assigns.
2. Application/Subscription by the Customer
2.1. In consideration of the customer paying to the Bank the fees and charges set out in the subparagraph 9.1, the Bank shall provide to the Customer certain internet banking services subject to and in accordance with these Terms and Conditions.
2.2 The Customer will apply/subscribe for the Bank’s internet banking services by completing an application form provided by the Bank. The Customer’s application for use of the Service shall be subject to these Terms and Conditions.
2.3 Once the Bank has approved the Application and the Customer has been maintained in the Bank’s records as an authorized user of the Service, the Bank will provide the Customer with a User ID for retail Customers or Corporate ID for corporate Customers. The Customer shall create their preferred Password/PIN known only to them, and this Password/PIN along with their User ID or Corporate ID will allow them access for use of the Service.
2.4 Further additional internet banking services may be provided to the Customer by the Bank, provided the Customer completes an application form in respect of such additional services and the Bank reserves the right to modify, replace or withdraw any Service at any time, for any reason whatsoever, without prior notice to the Customer.
2.5 Subject to subparagraph 2.2 The Customer’s application for and use of the Service shall also be subject to any current, savings, term, call and overdraft accounts agreements (product agreements) between the Bank and the Customer and the Bank’s General Terms and Conditions signed by the Customer. Where there is any conflict between these Terms and Conditions and the Bank’s General Terms and Conditions with regard to the use of Service, these Terms and Conditions shall apply. Where there is any conflict between these Terms and Conditions and the Bank’s General Terms and Conditions with regard to the Bank Account(s), the product agreements and the General Terms and Conditions shall apply.
3. Joint accounts
3.1 Holders of joint accounts are jointly and severally liable under these Terms and Conditions. Application for the Service made by any of the joint account holders acting alone as per paragraph 2 above will be deemed to be binding on all the holders of the joint account(s). Each joint account holder acting alone, under an assigned User ID and Password/PIN may use the Service. The Bank shall not be required to obtain the consent of or notify any other joint account holder(s) of the Requests. However, each joint account holder may access the Service for the Bank account(s) for which they are joint owner using the assigned User ID and Password.
3.2 Each joint account holder releases the Bank from any and all liability and agrees not to make any claim or bring any action against the Bank for honouring or allowing any Requests whether the person performing the transaction is one of the joint account holders or is otherwise authorized to use the Service.
4. Corporate Customers
4.1 For corporate customers, the account signatories shall appoint a Corporate Administrator to whom they shall grant the rights to create other internet banking operators.
4.2 The Corporate Administrator will be responsible for creating other internet banking operators (Corporate User(s)/Maker(s), Dual User(s), Authoriser(s)/Checker(s)) and assigning them limits, as per approved authorization mandate by account signatories.
4.3 Any Requests received by the Bank through the System from Corporate User(s)/Maker(s), Dual User(s), Authoriser(s)/Checker(s) as set-up by Corporate administrator as prescribed in subparagraph 4.2 above will be considered to have come through the account signatories as per operating mandate of the Bank Account.
5. Customer’s Facilities and Customer’s Responsibilities
5.1. The Customer shall at his/her/its own expense provide and maintain in safe and efficient operating order such hardware, software and other facilities (including access to any public telecommunications systems) and any communications network (collectively “the Facilities”) necessary for the purpose of accessing the System and the Service.
5.2 The Customer shall be responsible for ensuring proper performance of the Facilities including any losses or delays that may be caused by the Facilities. The Bank shall neither be responsible nor liable for any errors or failures caused by any malfunction of the Facilities nor shall the Bank be responsible or liable for any computer virus or related problems that may be associated with the use of the System, the Service and the Facilities. The Customer shall be responsible for charges due to any service provider providing the Customer with connection to the electronic services and the Bank shall not be responsible or liable for losses or delays caused by any such service provider.
5.3 The Customer shall obtain all licences and consents necessary to have access to and use of the System and shall ensure that all persons it allows to have access to the System shall comply with all laws and regulations applicable to the use of the System and shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by the Bank concerning the use of the System and Service.
5.4 The Customer shall prevent any unauthorized access to or use of the System and Service by keeping his/her/its User ID or Corporate ID (as the case may be) and Password/PIN secret at all times. The Customer shall ensure that his/her/its User ID or Corporate ID (as the case may be) and Password/PIN do not become known or come into possession of any unauthorized person.
5.5 The Customer shall take all reasonable and necessary precautions to detect any unauthorized use of the System and Service. To that end, the Customer shall ensure that all communications from the Bank are examined and checked by or on behalf of the Customer as soon as practicable after receipt by the Customer in such a way that any unauthorized use of and access to the System will be detected.
5.6 The Customer shall immediately inform the Bank by telephone with a written confirmation sent the same day in the event that:
a) The Customer has reason to believe that any Password/PIN used by the Customer to gain access to the Service and to communicate with the Bank is or may be known to any person not authorized to know the same and/or been compromised; and/or
b) The Customer has reason to believe that unauthorized use of the Service has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
5.7 The Customer shall not send or attempt to send any Request to the Bank through the System if the Customer has reason to believe that for any reason such Request may not be received by the Bank or may not be received accurately and intelligibly.
5.8 The Customer shall at all times follow the security procedures notified to the Customer by the Bank from time to time or such other procedures as may be applicable to the Service from time to time specifically those that may be contained on the Bank’s internet website. The Customer acknowledges that any failure on the part of the Customer to follow the recommended security procedures may result in a breach of the Customer’s profile confidentiality and may lead to unauthorized transactions in account(s) linked to the Customer’s Service application with the Bank. In particular, the Customer shall ensure that the Service is not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.
5.9 The Customer shall not at any time operate or use the Service in any manner that may be prejudicial to the Bank.
5.10 The Customer understands and accepts that it may link a business account or Bank Account requiring multiple signatures to the Customer’s profile on this Service only if the Customer has submitted to the Bank an original written standing mandate to the effect that the Bank is authorized to process transactions not exceeding a certain specified amount, and it will be the responsibility of the Customer to ensure that no unauthorized persons have access to this Bank Account.
5.11. The Bank shall be entitled and authorized to debit the Customer’s Bank Account with the amounts of the transactions effected via the Service as well as debit the Customer’s Bank Account with the amount of any fee applicable to the Service from time to time.
6. Irrevocable Authority of the Bank
6.1 The Bank is irrevocably authorized by the Customer to act on all Requests received by the Bank from the Customer (or purportedly from the Customer) through the System and to hold the Customer liable thereof, notwithstanding that any such requests are not authorized by the Customer or are not in accordance with any existing mandates given by the Customer. If the Customer requests the Bank to cancel any transaction or instruction after a Request has been received by the Bank from the Customer, the Bank may in its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.
6.2 The Bank shall be entitled to accept and to act upon any Request, even if the Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the Request without reference to the Customer being necessary.
6.3 The Bank shall not be obliged to accept or to act upon any Request if to do so would require access to, action by, or information from the Branch, or any Bank Subsidiary located in any jurisdiction where it is not a Banking Day at the relevant time when such access, action or information is required or would cause a breach of any existing mandate facility limit or agreement between the Bank, the Branch and/or Bank Subsidiary (as applicable) and the Customer. In the event that the Bank does accept or act upon any such Request, the Customer shall remain liable thereof.
6.4 In the event of any conflict between any terms of any Request from the Customer and the terms of these Terms and Conditions, the terms of these Terms and Conditions shall prevail. These Terms and Conditions and all authorizations and other procedures agreed under these Terms and Conditions supplement any general terms and any mandates, which apply to the Customer’s Bank Accounts with the Bank.
7. Limits of Internet Banking Transactions
7.1 The Customer may transfer or effect a payment for any amount subject to the provisions of paragraph 5.10 of these Terms and Conditions, as long as the transaction does not cause the balance in the Deposit Account to be less than zero unless the Customer has either an approved overdraft facility for the affected Deposit Account or a term Deposit Account pledged with the Bank to cover excesses that may arise in the affected Deposit Account from time to time in which case the two accounts are linked in the System for that purpose.
7.2 If the Customer has an approved overdraft facility or term Deposit Account linked to the payment Deposit Account, the transfers and/or electronic bill payments using the Service should not exceed the approved overdraft facility or the pledge term Deposit Account.
8. Records of Transactions and Customer Rights to this Information
8.1 All activities performed by the Customer once allowed access into the System will be logged until the Customer ends a session. The Bank shall maintain copies of all Requests received from the Customer in electronic form. In addition, any hard copies of documentation prepared by the Bank in the process of effecting a transaction as per the Customer’s Requests will be maintained. As between the Customer and the Bank, the Bank’s copy records shall be conclusive evidence of the fact of receipt or non-receipt of a Request and of the contents of such Request.
8.2 The Customer will be entitled to a monthly statement covering all the Service transactions (hereinafter “the Monthly Statement”). The Customer will also get a reference number upon successful completion of each transfer or electronic bill payment, except for recurring or standing Requests for payments/transfers. A copy of any documentation including the Monthly Statements provided to the Customer by the Bank which indicates that a transaction was effected through the Service shall be conclusive evidence of such a transaction and shall constitute prima facie proof that such a payment was made with the Customer’s authority.
8.3 The Customer shall be deemed to have accepted and shall not subsequently challenge or object to any of the transactions contained in the Monthly Statement if the Customer fails to object to the Monthly Statement in writing within 30 days from the date the Monthly Statement was sent or deemed to have been sent to the Customer by the Bank.
9.1 The Customer shall pay to the Bank an initial set up fee and a monthly subscription fee for the Service in addition to transaction charges applicable to various transaction types as advised by the Bank from time to time. The Bank may in its sole discretion revise these charges and fees after giving the Customer fourteen (14) calendar days’ notice of such revision.
9.2 The Customer shall pay any tax chargeable upon sums payable by the Customer to the Bank and also any other charges or duties levied on the Customer or the Bank by any governmental or statutory body relating to the provision of the Service.
9.3 The Bank is hereby irrevocably authorized from time to time to debit any amounts payable by the Customer under the provisions of subparagraphs 9.1 and/or 9.2 to any account in any currency maintained by the Bank, the Branch and/or the Bank subsidiaries (as applicable) in the name of the Customer. In addition to the fees payable under this agreement, the charges and fees applicable to the Customer’s Bank Account will apply.
10. Exclusion of Liability
10.1 Circumstance not Within the Bank’s Control
The Bank shall not be responsible or liable for any loss suffered by the Customer should the Service be interfered with or be unavailable by reason of (a) any industrial action, (b) the failure of any the Customer’s Facilities, or (c) any other circumstances whatsoever not reasonably with the Bank’s control including, without limitation, force majeure or error, interruption, delay or non-availability of the System, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications systems.
10.2 Electronic Bill Payments and Transfer of Funds
(a) The Bank will not be liable for any losses or damage suffered by the Customer as a result of delay, failure and/or refusal by the Bank to act on a Request in time or at all in any one or more of the following circumstances (as the case may be):-
i. If the Customer does not have enough funds in the Deposit Account;
ii. If the payment or transfer would result in the Customer’s approved overdraft facility limit being exceeded;
iii. If the Customer does not authorize a bill payment in good enough time for the payment to be made and properly credited by the payee (the Customer’s counter-party) by the time it is due;
iv. If the System or the Customer’s Facilities were not working properly;
v. If circumstances beyond the Bank’s control including those specified in sub paragraph 10.1 above prevent the Bank from making a payment or transfer;
vi. If the money in the Customer’s account is subject to legal process court order or other encumbrance restricting the payment or transfer;
vii. If the Customer does not give proper or complete instructions for the payment or transfer or the Customer does not follow the procedures in this or other applicable agreement with the Bank for requesting a payment or a transfer;
viii. If the Bank has reason to believe that the Customer or someone else is using the Service for fraudulent or illegal purposes;
ix. If a payment or a transfer request would consist of money deposited in a form or by a method that has not yet made the money available for withdrawal;
x. If the payment or transfer request is in contradiction or conflict with other existing account agreements with the Customer;
(b) If the Bank makes a timely payment or transfer but the payee nevertheless fails to credit the Customer’s payment promptly after receipt, the Bank shall not be liable for any loss or damage suffered by the Customer as a result of such failure on the part of the payee.
(a) The Customer shall indemnify and keep the Bank indemnified on a full and unqualified indemnity basis against all and any costs (including all legal costs), claims, actions, proceedings, losses, damage, demands, liabilities, and expenses suffered or incurred by the Bank in connection with or arising from (a), (b) and/or (c) of subparagraph 10.1 where the particular circumstance is within the Customer’s control and against all and any costs (including all legal costs), claims, actions, proceedings, losses, damage, demands, liabilities, and expenses suffered or incurred by the Bank as a consequence of any breach of the Customer of any term or condition hereof.
(b) The Customer shall indemnify and keep indemnified the Bank against any and all losses, damages, actions, judgments, liabilities, expenses, costs, settlements or claims sustained by the Bank in connection with the Service, whether directly or indirectly, unless such losses, damages, actions judgments, liabilities, expenses costs or claims, arose as a direct consequence of the gross negligence or willful misconduct of the Bank or any of its employees.
(c) Without prejudice to subparagraph 10.3 (b), above, the Customer shall indemnify and keep indemnified the Bank against the following:-
i. All demands, claims, actions, losses and damages of whatever nature which may be brought against the Bank or which it may suffer or incur arising from the Bank’s reliance on any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by the Bank.
ii. Any loss or damage that may arise from the Customer’s use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs.
iii. Any unauthorized access to the Customer’s accounts or any breach of security or any destruction or accessing of the Customer’s data or any destruction or theft of or damage to any of the Customer’s equipment.
iv. Any loss or damage occasioned by the failure by the Customer to adhere to any terms and conditions applicable to the Service and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction.
10.4 If for any reason other than a reason mentioned in subparagraph 10.1 the Service is interfered with or unavailable, the Bank’s sole liability in respect thereof shall be to re-establish the Service as soon as reasonably practicable or, at the Bank’s option, to provide to the Customer alternative banking facilities which need not be electronic facilities.
10.5 Save as provided in subparagraph 10.4, the Bank shall not be liable to the Customer for any interference with or unavailability of the Service, howsoever caused.
10.6 Under no circumstances shall the Bank be liable to the Customer for any loss of profit, loss of revenue, loss of anticipated savings or for any indirect or consequential loss of whatever kind, howsoever caused, arising out of or in connection with the Service.
10.7 Except in respect of death or personal injury caused by the negligence of the Bank, the Bank shall be under no liability for any claim whatsoever in respect of any terms or conditions contained herein or the performance thereof of any transaction(s) effected by the Bank in response to any Request unless the Bank has received notice in writing of any such claim from the Customer:
a) In the case of any claim relating to a transaction, within thirty (30) days from the date of the alleged transaction on which such claim is based; and
b) In all other cases within ninety (90) days of the date of the alleged action or inaction by the Bank on which such claim is based.
10.8 To the extent permitted by law, the Bank:
a) Disclaims all warranties with respect to the System and Service either expresses or implied, including but not limited to any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a certain result.
b) Makes no warranty that the System is error free or that its use will be uninterrupted and the Customer acknowledges and agrees that the existence of such errors shall not constitute a breach of these Terms and Conditions.
The Bank may amend or alter these Terms and Conditions from time to time and any such amendments and/or alterations, notice of which has been given to the Customer, shall be binding upon the Customer as fully as if the same were contained herein.
12.1 Notwithstanding anything contained in these Terms and Conditions, the Subscription may be terminated at any time by either party giving the other thirty (30) calendar days’ notice, PROVIDED that in the event that:-
a) the Customer shall have a Receiver or Liquidator appointed or shall pass a resolution for winding up (otherwise than for the purpose of amalgamation or reconstruction) or a court shall make an order to that effect or if the Customer shall enter into any composition or arrangement with creditors or shall become insolvent; or
b) any law or regulation is introduced or amended in Kenya which would likely result in the Bank being prohibited or restricted from complying with the terms of these Terms and Conditions; or
c) the Customer’s Bank Account(s) does not have sufficient available balances for the Bank to debit the applicable charges as provided in subparagraph 9.1
Then the Bank shall be entitled to terminate the Subscription forthwith without notice to the Customer.
12.2 If the Customer terminates the Subscription, the Bank may continue to make electronic bill payments, transfer of funds and other transactions that the Customer would have previously authorized until such time as the Bank will have had a reasonable opportunity to act on the Customer’s notice of termination.
12.3 The termination of this Subscription shall not, in itself, terminate or affect the relationship of Banker and Customer between the Bank and the Customer.
12.4 Paragraphs 10, 13.7 and 14 shall survive termination of the Subscription.
13. General Provisions
13.1 The Customer shall not assign any benefit or any rights arising hereunder without the prior written consent on confirmation from the Bank.
13.2 No waiver by the Bank of any breach by the Customer of any of the Terms and Conditions hereof shall be effective unless it is an express waiver in writing of such breach. No waiver of any such breach shall waive any subsequent breach by the Customer.
13.3 The Customer acknowledges:
a) That he/she/it has not relied any representation, warranty, promises, statement or opinion or other inducement made or given by or on behalf of or purportedly by or on behalf of the Bank in deciding to; and that
b) No person has or has authority on behalf of the Bank whether before, on or after the subscription to make or give any such representation, warranty, promise, statement or opinion or other inducement to the Customer or to enter into any collateral or side agreement of any kind with the Customer in connection with the Service.
13.4 These Terms and Conditions hereof supersede all prior agreements, arrangements and understandings between the Bank and the Customer constitutes the entire agreement between the parties relating to the subject matter hereof. For the avoidance of doubt, nothing herein shall vary, discharge or in any other way affect or prejudice any security granted by the Customer or any third party in favour of the Bank in relation to any obligations of the Customer which may arise if any Request from the Customer hereunder is acted upon by the Bank.
13.5 If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remaining provisions of these Terms and Conditions.
13.6 Any notice required to be given in writing under these Terms and Conditions shall be sufficiently served if sent by registered post, stamped and properly addressed;
a) To the Manager of the Branch or of the Bank at the address of the Branch or the Bank indicated in the application form as prescribed in subparagraph 2.2 , if to be served on the Bank; or
b) To the Customer at the address given for the Customer in the application form as prescribed in subparagraph 2.2, if to be served on the Customer and shall be deemed to have been served five banking days after posting.
13.7 Nothing in these Terms and Conditions shall create any agency, fiduciary, joint venture or partnership relationship between customer and the Bank
14. Confidentiality & Disclosure
14.1 The Customer undertakes to maintain strict confidentiality of his/hers/its User ID/Corporate ID and Password and any other information and materials of any nature supplied to it by the Bank in relation to the Service. The Customer agrees to notify his/hers/its agents, employees and/or sub-contractors of the provisions of this paragraph and to impose this confidentiality requirement on his/hers/its agents, employees and/or sub-contractors entering into separate agreements, if necessary. The Customer shall be fully liable to the Bank for any breach of the provisions of this paragraph by himself/herself/itself, his/her/its employees, agents and/or sub-contractors.
14.2 The Customer hereby agrees that, if necessary for the provision of the Service, the Bank may disclose information about the Customer to any member of the Bank Group or the Customer Group.
14.3 The Customer also hereby agrees that the Bank may disclose information about the Customer to third parties’ in any of the following circumstances:-
(a) Where such disclosure is necessary in order for the Bank to act on a Request;
(b) In order to comply with any law regulation or court order. If the Bank has to obey an order for information from an authorized government body, the Bank may, to the extent required by law, notify the Customer before giving out the information;
(c) Disclosure to the Bank’s agents, sub-contractors, auditors, attorneys and other professional service providers to the extent required in the normal course of their duties;
(d) Disclosure to a licensed credit reference agency the services of whom the Bank may have subscribed to;
(e) If it involves a claim by or against the Bank in respect of an item deposited or drawn against the Customer’s account; and
(f) If the Customer authorizes the disclosure
15. Intellectual property
15.1 The Customer acknowledges that the intellectual property rights in the System (and any amendments or enhancements thereto from time to time) and all associated documents that the Bank provides to the Customer through the System or otherwise are vested either in the Bank or in the other persons from whom the Bank has a right to use and to sub license the System and/or the said documentation. The Customer hereby agrees that he/she/it shall not infringe any such intellectual property rights.
15.2 The Customer hereby further agrees that he/she/it shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of the Bank.
16. Governing Law
16.1 These terms and conditions shall be governed by and shall be construed according to the laws of Kenya.
16.2 The Bank and Customer hereby submit to the non-exclusive jurisdiction of the Courts of Kenya and the Bank shall be at liberty to enforce a judgment anywhere in any jurisdiction where the Customer carries on business or has any assets.
These terms and conditions (“the Terms”) govern the Bank’s respective rights and obligations when you use Internet Banking and come into effect when you apply/subscribe for/ register for Guaranty Trust Bank (Kenya) Limited Internet Banking Service or once you access Guaranty Trust Bank (Kenya) Limited Internet Banking Service, whichever occurs first. By making use of Guaranty Trust Bank (Kenya) Limited Internet Banking Service, you admit that you have read, and fully understood and agreed to abide and be bound by these Terms and Conditions, and that you have consented to us sharing certain of your personal information within the Bank in the ordinary course of our business of providing the Services to you.