ALCHEMY BANKING APP TERMS & CONDITION

 

  1. These Terms and Conditions (these “Terms”) apply to the Mobile Banking app together with:
  • the terms and conditions that apply to any account or service you can access using the Mobile Banking app (the “Product Terms“); and
  • our Terms and Conditions for ALCHEMY Internet Banking (“Internet Banking Terms“) which is incorporated in these Terms by reference; and
  • any other terms and conditions that we may notify you.

In the event of a conflict between these Terms and the Product Terms or the Internet Banking Terms, these Terms will prevail.

  1. The Mobile Banking app allows you to access some of our Internet Banking services in a format which is easier to view on a mobile device.
  2. You can log on to the Mobile Banking app by:
  • entering log on credentials
  • entering a Mobile Security Key password. You can set up a Mobile Security Key on any mobile device that supports this functionality with such operating system version as we specify from time to time;
  • entering your Logon Credentials as we request and a Security Code generated by a Security Device or a Mobile Security Key set up on another mobile device; or
  • activating biometric credentials (e.g. fingerprint, facial map or any other biometric data) that we may enable for use in the Mobile Banking app (and any other mobile applications that we may support from time to time (for compatible devices only)) for authentication purpose. In order to enable this functionality, your compatible device must support the receiving of the relevant biometric credentials, have the Mobile Banking app downloaded to it and have the relevant biometric authentication methods enabled for use in the Mobile Banking app.

You may be required to perform one or more of the above in order to access full services of the Mobile Banking app.

 

  1. Using the Mobile Banking app

4.1 The Mobile Banking app can be used on a mobile device running an operating system supported and specified by us from time to time, from which you can access the internet. However, not all of our services available on Internet Banking can be accessed using the Mobile Banking app.

4.2 You can set up a Mobile Security Key within the Mobile Banking app on any device that supports this functionality. But you can only set up a Mobile Security Key on one mobile device at a time which we will identify by way of your mobile device ID.

4.3 Updates to the Mobile Banking app may be issued periodically through the supplying app store. For some devices, updates will be downloaded automatically. If this does not happen, you will need to download the update yourself. We may display in-App messages when you try to log on to remind you to do this. You should log on to the Mobile Banking app regularly to check these messages. Depending on the update, you may not be able to use the Mobile Banking app until the latest version has been downloaded. If the latest version of the Mobile Banking app has not been downloaded and you have set up a Mobile Security Key, you may also not be able to access Internet Banking. To make sure you always have access to the Mobile Banking app and Internet Banking, you should keep your Mobile Banking app updated.

4.4 The Mobile Banking app may only be installed and used by our customers. It is not intended for download, or use by, any person who is not already our customer or in any jurisdiction where such download or use would be contrary to any law or regulation of such jurisdiction or where we are not licensed or authorized to provide the Mobile Banking app or the related services.

4.5 We do not charge for the Mobile Banking app. However, your mobile network operator may charge you to download or access the Mobile Banking app and its features including Mobile Security Key and these charges may vary if you download or access the Mobile Banking app when abroad. You are responsible for these charges.

4.6 Access to third party services (such as Google Maps/Google Earth API) through the Mobile Banking app is subject to separate terms and conditions of third party service providers (such as Google terms and conditions available at http://maps.google.com/help/terms_maps.html and http://www.google.com/enterprise/earthmaps/legal/universal_aup.html).

4.7 iPhone, iPad, iPod Touch, Touch ID and Apple are trademarks of Apple Inc., registered in the US and other countries. App Store is a service mark of Apple Inc. Google Play™ is a trademark of Google Inc. Android™ is a trademark of Google Inc.

 

  1. Your Responsibilities

5.1 You must comply with all applicable laws and regulations that govern your download, access and use of the Mobile Banking app and Mobile Security Key.

5.2 You must not alter, modify, adapt, reverse-engineer, copy or reproduce all or any part of the Mobile Banking app.

5.3 You must not remove or tamper with any copyright notice attached to or contained within the Mobile Banking app. All ownership in the Mobile Banking app remains with us.

5.4 The Mobile Banking app is for your personal use only, and you must not use the Mobile Banking app for business or commercial or other unauthorized purposes.

5.5 You must take security measures on your mobile device as recommended from time to time, otherwise you will bear the associated risks and consequences which may arise from or in connection with your mobile device and the use of the Mobile Banking app.

 

  1. Our Responsibilities

6.1 While we make reasonable efforts to provide the Mobile Banking app services including the Mobile Security Key feature, we will not be liable for any failure to provide those services, in part or in full, due to abnormal and unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary. This includes any phone network failures or, in the case of mobile networks, where you are not in an area of mobile coverage.

6.2 The Mobile Banking app and the Mobile Security Key feature is provided “as is” with no representation, guarantee or agreement of any kind as to its functionality. We cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device. We are not responsible for any loss you may incur as a result of this.

 

  1. Security

7.1 You must take all reasonable precautions to keep safe and prevent fraudulent use of your mobile device and security information. These precautions include:

  • never writing down or otherwise recording your security details in a way that can be understood by someone else;
  • not choosing security details that may be easy to guess;
  • taking care to ensure that no one hears or sees your security details when you use it;
  • keeping your security details unique to Internet Banking and the Mobile Banking app;
  • ensuring that your biometric credentials stored on your device are your own and do not store anyone else’s biometric credentials on your device and that you only use your own biometric credentials to log on to the Mobile Banking app (and any other mobile applications that we may support from time to time (for compatible devices only));
  • not using facial recognition for authentication purpose if you have an identical twin sibling, in which case you are recommended instead to use the Mobile Security Key password to generate the Security Code or to log on to the Mobile Banking app (and any other mobile applications that we may support from time to time (for compatible devices only));
  • not using facial recognition for authentication purpose if you are an adolescence while your facial features may be undergoing a rapid stage of development, in which case you are recommended to instead use the Mobile Security Key password to generate the Security Code or log on to the Mobile Banking app (and any other mobile applications that we may support from time to time (for compatible devices only));
  • not taking any action to disable any function provided by, and/or agreeing to any settings of, your mobile device that would otherwise compromise the security of the use of your biometric credentials for authentication purposes (e.g. disabling “attention-aware” for facial recognition);
  • not disclosing your security details to anyone;
  • changing your security details immediately and telling us as soon as possible in accordance with Clause 7.9 if you know, or even suspect, that someone else knows your security details, or if we ask you to;
  • keeping your security details and mobile device safe;
  • complying with all reasonable instructions we issue regarding keeping your security details safe;
  • once you have logged on to the Mobile Banking app do not leave your mobile device unattended or let anyone else use your mobile device;
  • logging out of the Mobile Banking app once you have finished using the Mobile Banking app services, and in particular not leaving the Mobile Banking app running in the background whilst logged in (for example, whilst multi-tasking, or running other apps);
  • follow all security measures provided to you by the manufacturer of your mobile device operating system that apply to your use of the Mobile Banking app or your mobile device (although you should never disclose your security details to them or information about your accounts with us); and
  • undertake reasonable and adequate precautions to scan for computer viruses or other destructive properties.

7.2 You must not use the Mobile Banking app and the Mobile Security Key feature on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been “jail-broken” or “rooted”. A jail broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval. The use of Mobile Banking app and the Mobile Security Key feature on a jail broken or rooted device may compromise security and lead to fraudulent transactions. Download and use of the Mobile Banking app and the Mobile Security Key feature in a jail broken or rooted device is entirely at your own risk and the Bank will not be liable for any losses or any other consequences suffered or incurred by you as a result. 

7.3 You should only download the Mobile Banking app and its updates from official supplying app store and not from any unofficial sources.

7.4 After initial registration we will never contact you (or ask anyone to do so on our behalf) with a request to disclose your security details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security details to them in any circumstances. Additionally, you should report any such requests to us immediately.

7.5 You will be responsible for all instructions given by you or anyone acting with your authority between when you log on to the Mobile Banking app until you log off the Mobile Banking app.

7.6 You are responsible for making sure information shown or stored on your mobile device is kept secure.

7.7 You must advise us of any change to your mobile phone number without delay.

7.8 If you activate the feature that allows you to use your biometric credentials in the Mobile Banking app and to enable the use of such biometric credentials to log on to the Mobile Banking app (and any other mobile applications that we may support from time to time (for compatible devices only)), you must ensure that only your biometric credentials are registered on the device.

7.9 You may be responsible for unauthorized payments made from your accounts if you have not kept your mobile device and your security details safe and follow the security precautions that we advise you to undertake from time to time including those set out in this Clause 7, or if the biometric credentials stored on your device are not your own in the event that you have activated such authentication method on the device and on the Mobile Banking app.

7.10 If you know or suspect that someone else knows your security details, or has used or tried to use them, or if your mobile device is lost or stolen you must tell us without delay by calling us on such number as we specify from time to time.

7.11 Upon termination of the Mobile Banking app services for any reason, you must remove the Mobile Banking app from your mobile device.

7.12 You must delete the Mobile Banking app from your mobile device if you change your mobile device or dispose of it

7.13 If the Mobile Banking app has been terminated or suspended for any reason, and if Internet Banking is still available to you, you will need to apply to us for a new Security Device as a replacement of Mobile Security Key in order to continue accessing full services of Internet Banking.

 

8 Variation

We have the right to vary these Terms from time to time. We will give you prior notice in a manner we consider appropriate, including by post, by email, by secure e-message, or by placing details of the change within Internet Banking. You will be bound by a variation if we do not receive notice from you to terminate the Mobile Banking app services with effect before the date on which that variation takes effect.

 

  1. Governing Law

 

9.1 These Terms are governed by and will be construed according to the Curaçao laws.

9.2 You submit to the non-exclusive jurisdiction of the Curaçao courts but these Terms may be enforced in the Courts of any competent jurisdiction.

 

  1. Definitions

Mobile Banking app” means the ALCHEMY Mobile Banking application (as updated from time to time) which can be downloaded to any mobile device which runs an operating system supported by us, through which you can access some of our Internet Banking services.

Mobile Security Key” means a feature within the Mobile Banking app which is used to generate a unique, single use security code each time you log on to Internet Banking or the Mobile Banking app.

Security Code” means a one-time password generated by a Security Device or Mobile Security Key and is one of your security details.

Security Device” means a physical electronic device for generating Security Codes.

you”, “your”, “yours” mean the person who has downloaded the Mobile Banking app and any other person who uses the Mobile Banking app and, where the context permits, includes each of your personal representatives and lawful successors.

we”, “us”, “our” means ALCHEMY  and its successors and assigns.

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