About this Agreement

This Agreement explains the terms and conditions that apply when you use ANSA Bank’s Digital Banking Platform Services. Please read it carefully.

You acknowledge by selecting “I agree”, signing the applicable registration form or using ANSA Bank’s Digital Banking Service that you have read, understood and agreed to the following terms and conditions, the Privacy Statement and the procedures contained in the Security Brochure for protecting access to your Accounts and information on your Devices all of which you confirm are commercially reasonable.

Nothing in this agreement will supersede or vary any term set out in other terms and conditions governing our relationship with you.

In the event of any contradiction or inconsistencies with other terms, this Agreement shall prevail in respect of your use of Electronic Services and resolution of any disputes or issues arising out of your use of our Electronic Services. Where the issue relates to your Accounts or any specific product, the terms and conditions governing your Accounts or the product shall prevail.

When you use any of our Digital Banking Services described in this Agreement, or authorise others to use them, you acknowledge and agree to the entire terms and conditions of this Agreement which forms the basis of the agreement between you and us.

This Agreement is governed by the laws of the Republic of Trinidad and Tobago and shall be subject to the non-exclusive jurisdiction of the courts of Trinidad and Tobago.

 

1. Definitions
   1. “Account” means any and all accounts which is accessed by you through ANSA Bank’s Digital Banking Platform.
   2. “ANSA Bank”, "ANSA", “our”, “us” or “we” means ANSA Bank Limited, its successors or assigns.
   3. “ANSA Financial Services Companies” means  –
      1. ANSA Bank Limited with its registered office situate at 90 Independence Square, Port of Spain, Trinidad;
      2. Trinidad and Tobago Insurance Limited with its registered office situate at 11 Maraval Road, Port of Spain;
      3. ANSA Merchant Bank Limited with its registered office situate at the ANSA Centre, 11 Maraval Road, Port of Spain, Trinidad; 
      4. TATIL Life Assurance Limited with its registered office situate at TATIL Building, 11A Maraval Road, Port of Spain, Trinidad; and
      5. ANSA Merchant Bank (Barbados) Limited with its registered office situate at Hastings Main Road, Christ Church, Barbados,
   4. “ANSA McAL Group” means ANSA McAL Group of Companies and any of its subsidiaries and affiliates.
   5. "Authorised User" means any person(s) authorised by you or your joint account holder from time to time to use the Digital Banking Service in relation to your Account.
   6. “Card” means any card (including any debit, credit or charge card) issued by us to access our Digital Banking Services.
   7. "Channel" means any mode of access to our Digital Banking Services. "Channel" includes Content.
   8. “Content” refers to any information, images, links, sounds, graphics, videos, software or other materials including quotes, news and research data that are available through our Digital Banking Services.
   9. “Device” means a personal computer, telephone, cell phone, smart phone, mobile device, wireless device, tablet device or any other digital/electronic device that ANSA Bank may allow you to use to access ANSA Bank’s Digital Banking Platform (DBP).
   10. Digital Banking Service (s) or “Service(s)” or “digital services” or “online services” or “mobile services” or “web services” means any banking and other services or facilities which we may offer to you from time to time via electronic means, including any modification thereof made by us (the scope and nature of which shall be determined at our sole discretion). They may include banking via any electronic statements, electronic advices, transaction alerts, cards or any electronic modes of operating the Account in or outside Trinidad and Tobago.
   11. "Electronic Instructions" means any Electronic Payment instructions, communications, instructions, orders, messages, data, information or other materials received by us through the Digital Banking Service, which we reasonably believe come from you or your Authorised User.
   12. "Electronic Payment" means any payments or transactions initiated or effected from your Account through the Digital Banking Service.
   13. "Information" means information regarding the money or other relevant particulars relating to you, or any Authorised User, or the Account or any Electronic Instructions.
   14. Login Credential(s) means personal identification numbers, passwords, personal identifiers, biometrics identifiers, digital identifiers, other codes and verification procedures whether set by you or us that would allow you access to our Digital Banking Services.
   15. “Online Banking” means Internet/mobile banking services or other digital services relating to the Account that we offer to you from time to time through the Channel
   16. “selfie” refers to a self-portrait photograph, typically taken with a digital camera or smartphone.
   17. “you", "your" or “yours”, we mean everyone named on your account, together, individually and includes you or your Authorised User
2. Access and Use of the Digital Banking Services
   1. Your use and access to our Digital Banking Services shall be subject to this Agreement. You will be responsible for all transactions made by you or, from our view, authorized by you, your Authorised User or your joint account holder.
   2. If your Authorised User accesses and/or uses our Electronic Services, we will deal with that person as if it was you using our Digital Banking Services and you shall ensure that each of your Authorised Users is aware of and complies with this Agreement.
   3. If you have authorised any person to give us Electronic Instructions on your behalf, you will be responsible for their actions and/or omissions, including any losses arising from Electronic Payment which they may undertake.
   4. For accounts that are "and" joint accounts (operated by joint signing authority), each joint account holder will be able to view but will not be able to perform any Electronic Instructions through Online Banking.
   5. For account that are "or" joint accounts (operated by a single signing authority), each joint account holder will be able to view and give us Electronic Instructions through Online Banking. Such instructions by any one of you will be binding on all of you
   6. By registering for Digital Banking Services, you understand that ANSA may contact you regarding important documents that must be signed and presented to ANSA before the Account can be accessed. You will list all Accounts to be accessed through ANSA’s Digital Banking Service on your ANSA Customer Profile . In order to link different Accounts, you must be a signatory of these Accounts. To access your Account through Digital Banking Services, you must first create Login Credentials unique to you. To provide you with additional protection while using the Digital Banking Services, you must also register for and activate a unique two-factor authentication code. This two-factor authentication code must be used along with the Login Credentials in order to access your Accounts and to conduct transactions via Digital Banking Services. To learn more about two factor authentication click here :
   7. You consent that during the customer onboarding process, for the 3^rd party processor to collect and transmit your live image in the form of a “selfie” for biometric information and other proof information to ensure authentication. This “selfie ” image will not be stored by ANSA or associated 3^rd party platforms nor will it be distributed. The “selfie” image will be used to authenticate the user against the identification type registered on the account.
   8. Notwithstanding Section 13 below, for corporate and commercial users of ANSA’s DBP only, this Agreement modifies the existing Account mandate by adding authorized users as detailed in your ANSA Digital Banking Platform registration form. These additional authorized users shall only have access to your Account through ANSA’s DBP in the manner detailed in this Agreement.
   9. Any and all transactions on your Account (s) initiated via the Digital Banking Service using your Login Credentials will be considered authorized by you without further verification. ANSA Bank is hereby authorized to honour, execute and charge those transactions to your Account(s) and you acknowledge and agree that these procedures are commercially reasonable.
   10. You may use the Digital Banking Service to access your Accounts and to perform various banking services. To find out more about what you can do with Digital Banking Services visit our FAQs.  
   11. Any balance shown through any Digital Banking Service, if not otherwise specified, will reflect the available balance based on the debits and credits that ANSA Bank processed on your Account at the time of the enquiry. You acknowledge   that the available balance shown may not be the actual available balance on your Account. Differences in the available balance may be caused by deposits still subject to verification by ANSA Bank, outstanding cheques not yet posted to your Account or other withdrawals, payments, holds or charges.
   12. If we receive an Electronic Instruction after the relevant cut-off time on a business day (as notified to you from time to time) or on a non-business day, we will treat the Electronic Instruction as being received on the next business day.
   13. Cash and proceeds of cheques deposited through our Electronic Services cannot be withdrawn until collected and verified by us. Our determination of the amount deposited shall be conclusive and binding on you.
   14. You acknowledge that bill payments must be initiated at least five (5) business days before the actual due date of the bill. ANSA will not be liable for any loss or damages that may be incurred as a consequence of late payment of a bill or from erroneous payment .
   15. You will instruct ANSA Bank to transfer funds between your Accounts only when a sufficient balance is or will be available at the time of such instruction. ANSA Bank will not be obligated to act on any withdrawal instruction from you if sufficient funds, including overdraft lines of credit, are not available in the designated account.
   16. ANSA Bank may from time to time set or change limits for transactions that may be carried out by you through the Digital Banking Services. Notification of changes will be in accordance with applicable laws.
   17. Any transaction which involves a foreign currency will be converted at the prevailing exchange rate determined by ANSA Bank on the day the transaction is posted to your Account .
   18. We shall have the right to decline to act on any Electronic Instructions if:
       1. your Electronic Instructions are unclear, incomplete or inconsistent with other Electronic Instructions issued to us by you, your joint account holder(s) or Authorised User;
       2. the Electronic Instructions have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by a regulatory or governmental body;
       3. the Electronic Instructions cannot be processed due to any disruptions that are beyond our reasonable control;
       4. processing the Electronic Instructions might expose us to legal action or censure from any government, regulator or law enforcement agency;
       5. any Electronic Instructions would cause you to exceed your applicable transaction or Account limits; or
       6. any Electronic Instructions would result in insufficiency of funds in your Account; without incurring any responsibility for loss, liability or expense arising out of so declining to act.
   19. We will treat all Electronic Instructions as final and unconditional when we receive them through the Digital Banking Service. This means:
       1. We shall be entitled (but not obliged) to effect such Electronic Instructions without your further consent and notice to you.
       2. In certain circumstances such as recurring and future date Electronic Payment, you may request to cancel or amend the instructions and we will try to effect it on a commercially reasonable effort basis.
   20. All notices or communications will be sent by us to you via:
       1. post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left; or
       2. any print or electronic media (for example, SMS, push notification, email or website) as we may choose will be deemed to be notified to you on the date of publication or broadcast.
   21. SMS alerts will be sent to the mobile number registered with the bank. You are required to notify ANSA Bank or update your profile to reflect changes in mobile numbers. ANSA Bank shall not be liable for SMS alerts sent out to unintended recipients if mobile numbers are not updated or incorrect. There is a telephone charge imposed by your telecommunications service provider for sending and receiving text messages on your mobile phone for this service.
   22. Alerts will be sent to the email address registered with the bank. You are required to notify ANSA Bank or update your user profile to reflect changes in your email address. ANSA Bank shall not be liable for email sent out to unintended email are not updated or incorrect.
3. Right of Set-Off
   1. We may, without notice to you, apply any credit balance (whether or not then due and in whatever currency) which is at any time held in any of your Accounts towards the satisfaction of:
      1. any fees, loss, damage or expense suffered by us, as a result of our provision and/or your use of our Digital Banking Services, or
      2. any sum you owe under a credit card, mortgage, overdraft or other agreement to any affiliate or any company within the ANSA McAL Group.
4. Security
   1. You are solely responsible for ensuring that you access Digital Banking Services from a secure location, connection and Device. To ensure that your Account is protected, you agree:
      1. you will to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Digital Banking Services;
      2. you will not to leave your Device unattended while logged into any of the Digital/ Electronic Banking Services and to log off immediately at the completion of each access
      3. you will tell us immediately if you change your mobile number or email/mailing address which are used to generate and/or receive any Login Credentials;
      4. you will tell us immediately if you have lost any of your Login Credentials, Security Devices, your device used to generate and/or receive Login Credentials or email addresses have been compromised;
      5. you will tell us immediately if any Authorised User to whom the Login Credentials or Security Device is given is no longer authorised to use the Digital Banking Services;
      6. you will not disclose your Login Credentials to any third party;
      7. you will ensure that your Login Credentials and Security Devices are kept in a secure manner and not accessible by any third party;
      8. ensure the security of the Login Credentials as well as the passwords or codes that you use to register your face, fingerprint, or other biometric identification on your Device
      9. to take due care of the devices that you use to generate or receive Login Credentials, access online banking and email addresses and ensure that they are not vulnerable to unauthorised access;
      10. not to use any equipment, device, software or email address which you know or have reason to suspect contains any viruses, malicious code or damaging components which may interfere with or compromise your use of the Digital Banking Services, including Online Banking;
      11. not to install, or cause to be installed (for example clicking on suspicious links), any malware or viruses that would result in your devices, email addresses or Login Credentials being compromised by any third party; and
      12. you will review and abide by our security advisory guidelines and notices published on our Channels concerning the use of your Account and/or Electronic Payment.
   2. If you discover or suspect any unauthorised or erroneous transactions from or to your Account, you must immediately contact us. Upon such discovery, you agree to take such steps to protect your Account, including changing any Login Credentials, passwords to your email accounts and reporting such incidents to us immediately.
   3. Where we are of the view that your Account or your Login Credentials might have been compromised, in order to protect your Account, we may:
      1. require that you identify yourself by alternative means;
      2. require any Electronic Instruction to be confirmed through alternative means (in writing given in person at a branch, etc.); or
      3. refrain from acting promptly upon any Electronic Instructions in order to confirm any Electronic Instructions or your identity
         
         In such circumstances, your Electronic Instructions might not be processed within expected periods and we will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party.
   4. In respect of unauthorised or erroneous transactions to your Account, where we are satisfied that such credited sums to your Account was in fact unauthorised or erroneous (including any mistake made by us), we have the right to deduct such sums from your Account without your prior consent. We shall however notify you of such deduction.
   5. Where such erroneous or unauthorised transactions were a result of your authorisation (whether as a result of fraud or otherwise), recklessness or mistake, we will not be liable to you for such losses. Recklessness would include any failure by you to comply with this Agreement.
   6. We shall retain the right to decline providing you with any Digital Banking Services where we have reasons to believe that you do not intend to use our Digital Banking Services responsibly.
   7. Where your Account is a joint account, your liability for losses shall apply to all account holders in a joint account.
5. Costs and Charges
   Our Digital Banking Services (name of solution to be replaced  ) are free of charge. The normal charges associated with your Account, transactions or services will continue to be applicable. ANSA Bank reserves the right to review its pricing from time to time and change or amend charges for use of any one or more of the Digital Banking Services as deemed necessary and you will be advised of these changes as they become applicable. You are responsible for all charges and fees incurred from your telecommunications or internet provider (including all internet, SMS or mobile data charges).
    
6. Your responsibilities and undertakings
   1. By enrolling for the Digital Banking Services and in providing or communicating any information to ANSA Bank you confirm and warrant that you are legally entitled to do so and that at all times all information provided is authentic, accurate, current and complete.
   2. You are solely responsible for the accuracy and completeness of any information you supply to ANSA or communicate through any Channel. If you notice an error in the information supplied to ANSA, you must immediately advise us in writing. ANSA accepts no liability for any consequences arising out of erroneous information or the accuracy, reliability or completeness of information supplied by you or otherwise.
   3. You acknowledge that it is your decision to communicate personal information to ANSA through ANSA’s DBP. You therefore accept and agree that you access and use ANSA’s DBP at your own risk, which risk includes (but is not limited to) the risk of unauthorized third persons obtaining access to your personal information, Devices or Accounts, through frauds, misuse, hacking, infection / attacks by viruses or other malicious, destructive or corruptive codes; or other actions. ANSA is not and shall not be held responsible or liable for any loss or damage flowing from such unauthorized access or interception of information submitted through ANSA’s DBP. All information submitted to ANSA through any Channel shall be deemed and remain the property of ANSA.  
   4. You agree not to use the Digital Banking Services or the content or information delivered through the Digital Banking Services in any way that:
      • is fraudulent;
      • violates any law, statute, ordinance or regulation;
      • is false, misleading or inaccurate;
      • is defamatory, trade libellous, unlawfully threatening, unlawfully harassing; or
      • interferes with or disrupts computer or telecommunication networks connected to the Digital Banking Services.
   5. You agree that the Digital Banking Service is only for your personal or business   use to access your Account. You agree not to make any commercial use of Digital Banking Services or resell, lease, rent or distribute access to Digital Banking Services.
7. Third Parties
   1. You understand and agree that ANSA Bank may retain and use a third party to act on its behalf to provide or to assist in the provision of the Digital Banking Services.   
   2. In respect of any third party products and services offered on our Channels or form part of our Digital Banking Services:
      1. we do not endorse, sponsor, certify, and are not involved in the provision of such products or services; and
      2. we will not be responsible or liable for any loss suffered by you arising from the use of their products and services.
         
         In case of any claims against or dispute with any third party, you should resolve directly with the relevant third party products or services provider.
8. Changes in Services / Terms
   1. ANSA Bank may add, remove or change any part or feature of a service channel which is considered a Digital/Electronic Banking Service under this Agreement or introduce new channels without notice to you. Notwithstanding any such change, this Agreement will continue to apply to all Digital Banking Services offered by ANSA Bank.
   2. You agree that ANSA Bank may amend the terms and conditions of this Agreement at any time providing that a minimum of thirty (30) days’ notice is   provided. ANSA Bank can provide such notice to you using a method of communication determined by ANSA Bank, which may include (without limitation), market announcements or notices published on ANSA Bank’s website, ATM Screens, social media or in branches. You understand that when using Digital Banking Services after a change to this Agreement becomes effective, you will be bound by the terms and conditions of the revised Agreement. If you do not agree to the proposed amendments to this Agreement, you may cancel the same in accordance with the provisions contained in clause 10 below.
   3. ANSA Bank may discontinue any service channel which is considered as a Digital/Electronic Banking Service under this Agreement without giving the Customer personal notice of such discontinuation. ANSA Bank may, in its sole discretion, give notice of any discontinuation of a Digital/Electronic Banking Service by making market announcements, publishing notices in ANSA Bank’s website, ATM Screens, social media and branches or any other method of communication that ANSA Bank chooses to utilize.
9. Cancellation
   You may cancel this Agreement at any time by written notification to ANSA Bank. ANSA Bank has the right in its sole discretion to limit, suspend or terminate your use of the Digital Banking Services and cancel this Agreement, for any reason and at any time. The Digital Banking Services will not be cancelled until all pending transactions have been cleared. ANSA Bank will not be responsible for any loss or inconvenience that may result from such suspension or termination.
10. Confidentiality and Privacy  
    1. You have a right to confidentiality and ANSA is committed to protecting your personal information. Please note that ANSA may disclose information about you or your Accounts in response to or in connection with credit inquiries; laws, legal process or court order, or if disclosure is necessary, desirable or to protect ANSA 's interests.
    2. Safeguarding your privacy and confidentiality is of paramount importance to ANSA Bank. The processing and/or electronic storage of customer data will be involved in many of ANSA Bank’s intended activities, and we will use your information for a number of different purposes, for example, to gather customer analytics, to assess your eligibility for an Account(s) with us, to manage your Account(s) and to provide our products and services to you and to meet our legal and regulatory obligations. We may also share your information with the ANSA Financial Services Companies for these purposes. For more information on how and why we use your information, including the rights in relation to your personal data, and our legal grounds for using it, please go to https://ansabank.com/privacy-policy.
11. Warranties and Limits of Liability
    1. We do not provide any warranty of any kind of:
       1. our Digital Banking Services, including warranties of accessibility, quality, provision or performance of any goods or services;
       2. our Content, including warranties of accuracy, adequacy, currency or reliability;
       3. our Content, including warranties of accuracy, adequacy, currency or reliability;
       4. our hyperlinks to any other websites or content, which are not an endorsement or verification of such websites or content.
    2. We will not be responsible for any loss suffered by you arising from or in connection with your use of the Digital Banking Services even if we are advised of, or otherwise might have anticipated, the possibility of such loss, damage or expense. In particular, we will not be liable to you for any loss as a result of:
       1. any Digital Services not being available due to system maintenance or breakdown/non-availability of any network;
       2. the non-delivery, delayed delivery, misdirected delivery or the non-receipt of any Digital Banking Services;
       3. any non-processing or delay in processing of Electronic Instructions by us or by any Provider through whom your Electronic Instructions are transacted;
       4. inaccurate or incomplete Content, reliance on or use of the information provided on any Channel for any purpose;
       5. any disclosure of any Information which you have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under the applicable laws of Trinidad and Tobago;
       6. any unauthorised and/or unlawful access to our machines, data processing system or transmission link;
       7. any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors; or
       8. any event outside our control.
    3. Under no circumstances will ANSA be liable for any claims, losses, damages or expenses whatsoever (collectively “Damages”), whether such Damages are direct, indirect, incidental, special, consequential or otherwise; or irrespective of whether such Damages arise from any claim based on loss of revenue, loss of opportunity, loss of profits, interruption of business or any other loss of any character or nature whatsoever and whether sustained by you or any other person, even if we had been advised of the possibility of such Damages.
12. Indemnity
    1. Except to the extent directly caused by ANSA Bank’s negligence, fraud or wilful misconduct, you agree to indemnify and hold harmless ANSA Bank against any claim, cost, liability or other damage incurred by ANSA Bank in connection with or arising out of any third party claim, your use of any Digital Banking Service or any other dealing between you and ANSA Bank, including any and all losses arising out of, or incidental to, the use, including all unauthorized use of the Digital Banking Services.
    2. You further agree that ANSA will not be liable to you for any loss or damage whatsoever or for any disclosure of information arising from any transaction made on your Account(s), using the Digital Banking Services in any of the following circumstances and you agree to fully indemnify ANSA for same:
       • you do not have adequate money in the Account to complete the transaction, or the Account specified has been closed;
       • you have failed to give complete, correct or current instructions for a transfer of funds or bill payment;
       • you have not given the instructions of transfer or bill payment within sufficient time for the payee to be credited by the time the money is due;
       • you allege that you did not carry out the instruction and your Login Credentials was compromised;
       • withdrawals from specified Accounts have been prohibited by court order;
       • a stop payment cannot be completed due to presentment already made and of which a report as to such presentment being stated by ANSA is conclusive
       • vidence.
       • ANSA reasonably believes that the transaction may be contrary to legislation or rule of law.
       • a transaction is not processed due to bank holidays, however scheduled.
       • there are fluctuations in exchange rates published after sending your instructions
    3. You agree to amicably settle any dispute or difference arising out of this Agreement between yourself and ANSA. If this is not successful within a reasonable period of time as determined by ANSA Bank, in its sole discretion, ANSA Bank may initiate legal proceedings.
13. Intellectual Property
    1. Without our prior written consent, no part or parts of the Channel or the Electronic Service or any Content may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system.
    2. You may view, print or use the Content for personal, non-commercial use only, provided that you do not modify the Content and that you retain all copyright notices and other proprietary notices contained in the Content.
    3. Trademarks, service marks, and logos (the "Trade Marks") used and displayed on or through the Channel or the Electronic Services are registered and unregistered Trade Marks of ours and others. You agree not to use any Trade Marks displayed on or through the Channel or the Electronic Service, without our written permission.
14. Electronic Messages
    Because you acknowledge that normal internet e-mail and mobile SMS transmissions may not be secure, you expressly agree to accept this risk to receive information and to contact us as follows:
    1. By phone only 866-ANSA (2672) for queries which require the transmission of confidential customer account information.
    2. By email – customer.service@ansabank.com For Retail & Corporate customers for general queries not containing confidential customer account information.