1. DEFINITIONS

a)      “Account” means in relation to a Card any  account(s) held by the Card Holder with the Bank, either solely in the name of the Card Holder or jointly with other account holders,  designated by the Bank at the request of the Card Holder to be the eligible account(s) for effecting a Transaction for the Card and to which all amounts due from the Card Holder for the Card are to be debited provided that where the Account is a joint account(s) all the Account holders of the joint account(s) must complete and execute the Application Form ;

b)     “Application Form” means the Application Form for the Card or the request made in the Application completed by the Customer in respect to the establishment and operation of an Account;

c)      “ATM” means any Automated Teller Machine whether in Kenya or elsewhere of the Bank or of a specified Shared Network Partner of the Bank including the VISA network, at which the Card Holder can effect a Transaction;

d)     “ Bank” means I & M Bank Limited.

 e)      “Card” means the Visa Electron Debit Card issued by the Bank at the request of and in the name of the Card Holder for use in connection with debit card services provided by the Bank;

 f)       “Card Holder” means a person (being an individual or a body corporate) to whom a Card has been issued and whose name appears on it;

g)     “Merchant Establishment” means an establishment wherever located which accepts the Card and shall include but not be limited to stores, shops restaurants, hotels or airline organisations which display the Bank’s logo or a Shared Network Partner’s logo including any VISA branded logo, as a sign of acceptance of the Card and at which a POS Terminal has been installed;

h)     “PIN” means in relation to a Card Holder, the personal identification number required to gain access via an ATM or POS Terminal to effect a Transaction;

i)      “POS Terminal” means a point of sales terminal installed at a Merchant Establishment capable of processing a Transaction;

j)      “Shared Network Partner” means any body with which the Bank enters into an arrangement by which Card Holders of the Bank can effect Transactions on ATMs and /or POS Terminals owned by or affiliated to the body;

k)     “Transaction” means any transaction effected by use of the Card in accordance with these Terms and Conditions.

 

2.              ATM USAGE

(a)         The Card may be utilized at any ATM for the following Transactions:

i)          to effect a debit  to the Account by  withdrawal of cash , any such debit being effected immediately;

ii)        to effect a credit to the Account by the deposit of cash or cheque, any such credit being effected either on the next working day (for cash deposit) or on the day of receipt of cleared funds (for cheque deposits).

ii)      to display the current balance of the Account on the ATM;

iii)     to give an account mini statement to the Card Holder;

iv)     to order a cheque book or Statement relating to the Account; and.

v)      such other Transaction as may from time to time be made available by the Bank to the  Card Holder including top-up of mobile phone airtime and  transfer of funds between accounts.

 

(b)    All withdrawals of cash from ATMs for each Card shall be subject to the daily cash withdrawal limit as notified from time to time by the Bank as well as subject to sufficient funds being held in the Account. The Card Holder agrees not to attempt to effect a withdrawal of cash unless a sufficient balance of funds is available in the Account.  The onus of ensuring an adequate Account balance is entirely on the Card Holder.

(c)    The Bank may, at its discretion, reserve a certain minimum amount to be maintained in the Account, below which a withdrawal Transaction will not be allowed, even if sufficient funds are available in the Account to allow the Transaction.

(d)    In the absence of manifest error the Bank’s records as to any Transaction or its consequences shall be conclusive.

(e)    When a Card Holder completes a Transaction through an ATM, s/he can opt to receive a printed Transaction record. However, for all cash/cheque deposit transactions at the ATM the Card Holder agrees that no receipt shall be issued by the ATM other than an acknowledgement of receipt of a cheque or envelope as the case may be and without express reference to the amount deposited.

(f)     All cash and cheque deposits shall be subject to verification by the Bank and such verified amount shall be binding on the Card Holder.

(g)    The Card Holder agrees that requests on the ATM such as cheque book requisitions shall be processed on the next working day.

(h)    The Card Holder is advised to retain the record of a Transaction generated by the ATM.

 

3.              MERCHANT ESTABLISHMENT USAGE

(a)         The Card may be utilized at any Merchant Establishment. The Card is for electronic use only.

(b)        Once authenticated and approved, the Transaction is complete and a Transaction print out shall be generated at the POS Terminal for execution by the Card Holder.

(c)         The Card Holder is also advised to check the Transaction details before taking delivery of the items purchased and/or services provided and leaving the counter of the Merchant Establishment.

(d)        Once the Card is swiped and verified and the Transaction approved, the Account shall be debited with the full value of the Transaction immediately.

(e)         The Bank shall not accept responsibility for any arrangement or negotiations the Card Holder may have with the Merchant Establishment including but not limited to the nature or quality of the goods supplied and/or services provided or any representations or warranties made by the Merchant Establishment. Should the Card Holder have any complaint concerning any Merchant Establishment as to the merchantability or quality of goods supplied and/or services provided, such complaint shall be resolved by the Card Holder directly with the Merchant Establishment.  Failure to do so however shall not relieve the Card Holder (and in case of a Card issued in respect of a joint Account all joint Account holders jointly and severally) of any obligations to the Bank. The Card Holder is also advised to notify the Bank of any grievances, complaints or disagreements with a Merchant Establishment immediately.

(f)         The Bank does not accept any responsibility for a surcharge levied by any Merchant Establishment.

(g)    In case a Card Holder wishes to reverse a completed Transaction due to an error or on account of return of merchandise by the Card Holder to the Merchant Establishment, the earlier sales receipt issued by the Merchant Establishment must be cancelled by the Merchant Establishment, and a copy of the cancelled receipt must be retained in the Card Holder’s possession. Reversal/ refund of debits due to such Transactions shall be processed manually and shall only be made by the Bank  upon the Bank’s receipt of: –

i.          an appropriate refund  from the Merchant Establishment, either directly or through the respective Shared  Network Partner’s settlement process; and

ii.         the cancelled sales slip from the Card Holder.

 

(h)        If the Card holder, or anyone authorised to use the Card, provides a mandate whether such comprises a signed coupon, subscription voucher or telephone instruction or gives the Card number to make a purchase or obtain cash advance, without presenting the Card (such as for mail order, telephone order or internet), the legal effect shall be the same as if the card was used by the card Holder and a sales voucher or any other document or cash advance voucher was signed by the Card Holder. The Bank shall debit the Card Account with the amount of all Card transaction sand the Card Holder will be liable to pay the Bank all the amounts so debited whether or not such a voucher or other document is  signed by the Card Holder and irrespective of any rights or obligations as between the Merchant Establishment and the Card Holder.

 

4.              LOSS OR THEFT OF CARD OR PIN

A Card Holder must exercise all due care and attention to ensure the safety of the Card and the secrecy of the PIN at all times and to prevent the loss of and/or use of the Card or PIN by any third party.  Consequently, a Card Holder must not disclose their PIN to anyone in any circumstances. If a Card is lost or stolen or if a PIN is disclosed to any unauthorized person, the Card Holder must immediately notify the Bank of such loss, theft or disclosure. Any oral notification must be confirmed in writing immediately. The Card Holder (and in case of a Card issued in respect of a joint Account all joint Account holders jointly and severally) shall be liable in respect of any Transaction undertaken prior to receipt by the Bank of notification in writing of such loss, theft or disclosure of the Card or the PIN (as the case may be).

 

5.              FEES AND SERVICE CHARGES

 In respect of each Card Holder the Bank shall be entitled at its sole and absolute discretion to charge and debit from the Account such fees and charges as it may from time to time notify the Card Holder including but not limited to an initial Card issuance fee, a Card renewal and/or replacement fee, a service fee for an amount to be prescribed by the Bank from time to time for the use of the Card and a charge for undertaking such Transactions as may from time to time be specified by the Bank.  Any failure however by the Bank to so notify the Card Holder shall not prejudice in any way howsoever the recovery by the Bank of such fees and charges from the Card Holder (and in case of a Card issued in respect of a joint Account any of the joint Account holders). If the Card is utilized at ATMs belonging to Shared Network Partners of the Bank, a service fee may be charged by the operator and/or an automated transfer network for undertaking the Transaction.

 

6.              PERSONAL IDENTIFICATION NUMBER

 To enable the Card Holder to utilise the Card, a PIN shall be issued to the Card Holder. The PIN shall be mailed and/or personally delivered to the Card Holder on identification and the Card Holder shall ensure that the same is received in a sealed envelope. This PIN may subsequently be changed by the Card Holder at his/her own risk at any ATM that offers such a service. The security of the PIN is important and must be maintained by the Card Holder at all times. The Card Holder (and in case of a Card issued in respect of a joint Account all joint Account holders jointly and severally) may incur liability for unauthorised use of the Card and any instruction given by means of the Card and the PIN, whether in conjunction or independently, may be deemed by the Bank at its sole and absolute discretion to be instructions given by the Card Holder. The Card Holder must ensure that s/he does not reveal the PIN to any third party and takes adequate precautions to prevent anyone else seeing his/her PIN being entered in at an ATM or POS Terminal. It is recommended that the Card Holder memorize his/her PIN and then destroy any record of it.

 

7.              PIN SECURITY

 The Card Holder shall:

(a)         Not divulge the PIN to anyone including but not limited to another Card Holder, a family member or friend

(b)        Take precaution to prevent anyone else seeing the PIN being entered in an ATM or POS Terminal.

(c)         Not write or indicate the PIN on the Card or elsewhere, even if it is disguised.

(d)        Commit the PIN to memory and destroy any record thereof.

 

8.              SURRENDER / REPLACEMENT OF CARD

The Card issued to the Card Holder shall remain the property of the Bank and must be surrendered to the Bank on request. The Card Holder must return the Card to the Bank for cancellation in the event the Card Holder no longer wishes to utilize the Card or if the Bank for any reason whatsoever withdraws the services. The Card Holder must not use or attempt to use the Card after any notification of cancellation or withdrawal has been given. On receipt of a written request for replacement of a Card either damaged or lost the Bank after due verification may issue a replacement Card and debit the Account with the appropriate replacement fee applicable from time to time.

 

9.              TERMINATION

 The Card Holder may discontinue utilizing the Card and the debit card services provided by the Bank at any time by a written notice to the Bank accompanied by the return of the Card cut into two pieces. The Card Holder (and in case of a Card issued in respect of a joint Account all joint Account holders jointly and severally) shall be liable for all Transactions undertaken by the Card Holder and/or charges incurred up to the receipt, as duly acknowledged by the Bank, of the written notice of termination to the Bank. The Bank shall be entitled to discontinue the debit card services at any time by canceling the Card without assigning any reason whatsoever upon issuance of 7 days notice, which notice shall be issued either by posting to the Card Holder’s address last notified in writing to the Bank or by electronic mail to the Card Holder’s electronic mail address as indicated in the Application Form.  The notice shall be deemed to have been served upon the Card Holder 7 days after the date of posting  or 7 days after the date of sending the electronic mail as the case may be. Upon termination either at the request of the Card Holder or by the Bank, the Bank shall not be required to refund any amounts to the Card Holder(and in case of a Card issued in respect of a joint Account any of the joint Account holders), whether in respect of prepaid fees or otherwise.

 

10.            STATEMENT OF ACCOUNT

 All Transactions undertaken using the Card shall appear in the monthly Account Statement , which Statement shall be subject to the General Terms & Conditions governing the Account.

 

11.            GOVERNMENT FEES AND CHARGES

 Any Government duties, rates, taxes or charges as and when levied by the Government or any other competent taxing authority in respect of any Transaction shall be payable by the Card Holder and debited by the Bank to the Account.

 

12.            VALIDITY

 The Card is valid up to the last working day of the month indicated on the Card.

 

13.            MULTIPLE ACCOUNTS AND CARDS

 

  1. The daily cash withdrawal limit for a Card shall be in respect of the total daily cash withdrawals made from all the Accounts  for the Card.
  2. Where the Account is a joint Account and mandate is either or survivor to sign, upon completion and execution of the Application Form by each account holder of the joint Account, any of the joint Account holders may be issued with a Card in respect of the said joint Account.
  3. Where the Account is a joint Account and Cards are issued to more than one or all of the joint Account holders, each Card so issued shall be separately subject to the daily cash withdrawal limit.

 

14.            EXPENSES OF ENFORCEMENT

 A Card Holder (and in case of a Card issued in respect of a joint Account all joint Account holders jointly and severally) shall be liable to indemnify the Bank (on a full and unqualified indemnity basis) in respect of any and all expenses incurred by the Bank in enforcing or attempting to enforce these Terms and Conditions or the recovery of any amounts due from a Card Holder to the Bank including all legal fees and court filing fees and disbursements.

 

15.            GENERAL

a)      A Card is not transferable and must not be used by any person other than by the Card Holder.

b)     A Card remains the property of the Bank and upon cancellation must be surrendered on demand to the Bank.

c)      An issued Card shall have a limited validity period, on expiry of which a new Card may be issued by the Bank at its sole and absolute discretion.

d)     The Card is neither a credit card nor a cheque guarantee card and the Card Holder shall not represent the Card as such.

e)      The Account may not be overdrawn by a Card Holder by effecting a Transaction.

f)       Cash or Cheques deposited in an ATM for credit to an Account shall be collected by the Bank and the proceeds shall not be available until the relevant funds have been received for value by the Bank.

g)     The execution of a Transaction shall be subject to any operating limitations mandated on the Account.

h)     The use of the card I subject to the rules and regulations of Visa

i)      The Card Holder hereby gives consent to the Bank to make inquiries regarding the verification of any information that has been provided by the Card holder in the I&M Bank Debit Card Application Form.

j)      The Bank may assign its rights and benefits at any time.

 

16.            LIABILITY OF CARD HOLDER AND BANK

(a)         A Card Holder (and in case of a Card issued in respect of a joint Account all joint Account holders jointly and severally) shall be fully liable in respect of each Transaction undertaken by the use of the Card. A Transaction must be carried out in such a way that any confidential information displayed on a POS Terminal is not disclosed to a third party. The Bank shall not be liable for any disclosure to any third party arising out of effecting of a Transaction.

(b)         A Card Holder (and in case of a Card issued in respect of a joint Account any of the joint Account holders) shall not hold the Bank liable, responsible or accountable in any way whatsoever for any loss, injury or damage howsoever arising out of the use of an ATM including inability to make a cash withdrawal due to lack of funds at the ATM where the transaction is being processed.

 (c)         The Bank shall not be liable for the refusal or inability of any Merchant Establishment, POS Terminal or ATM to accept or honour a Card or to complete a Transaction or for the retention of a Card by an ATM or POS Terminal.

 (d)         The Bank shall not be liable for any loss incurred as a result of malfunction of an ATM or POS Terminal.

 

17.            CIRCUMSTANCES BEYOND THE CONTROL OF THE BANK

(a)        The Bank shall bear no liability for inability to perform its obligations with regard to the ATM operations due to anything whatsoever outside the control of the Bank.

(b)        The Bank shall not be liable if it unable to perform its obligations due to (directly or indirectly) to the failure of any machine, data processing system or transmissions link or to industrial dispute, strikes, lock outs, acts of any public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lighting, earthquakes, fires, storms, flood, civil disturbances, terrorisms, governmental regulations and directions and anything outside the direct control of the Bank, its agents or sub contractors.

 

18.            AMENDMENT

(a)         These Terms and Conditions may be amended, modified and/or replaced in whole or in part at any time by the Bank in it sole and absolute discretion. The Bank may notify the Card Holder of any such amendments, modifications and/or replacements but any failure by the Bank to so notify the Card Holder shall not prejudice in any way howsoever the validity and/or enforceability of the Terms and Conditions as so amended, modified and/or replaced.

(b)         Upon any such amendment, modification and/or replacement of these Terms and Conditions by the Bank any subsequent use of the Card shall be deemed to constitute acceptance of such amendments, modifications and/or replacements.

 

19.            LAW

The Terms and Conditions shall be construed and the provision of the Card shall be regulated exclusively in accordance with the laws of the Republic of Kenya and the Card Holder (and in case of a Card issued in respect of a joint Account all joint Account holders) agree to submit to the non-exclusive jurisdiction of the High Court of Kenya.