Website Use Agreement For Byblos Bank Website
THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE BYBLOS BANK WEBSITE AND THE CONTENT, INFORMATION AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE. IT EXEMPTS BYBLOS BANK AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE WEBSITE, THIS AGREEMENT AS IT THEN READS, WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE WEBSITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
This Agreement contains the following provisions
Your Acceptance of this Agreement
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity or organization) and Byblos Bank S.A.L., and governs your access to and use of the Byblos Bank website and the content, information and services provided on or through the Website, including all on-line tools (including applications and calculators) available on or through the Website (collectively the "Website"). This Agreement also provides benefits to Byblos Bank 's affiliates, service providers, suppliers and sub-contractors, including ADIR (collectively the "Affiliates and Providers"). Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement as it then reads. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Website.
Changes to this Agreement
Byblos Bank may, in its discretion, change, supplement or amend this Agreement from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting a revised agreement on the Website. Each time you use the Website, you should check the date of this Agreement (which appears at the top of this Agreement) and review any changes since the last version. By using the Website after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by the revised Agreement. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not use the Website. You may not change, supplement, or amend this Agreement in any manner.
This Agreement and other Agreements
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with Byblos Bank or any Affiliates and Providers (now or in the future) concerning your dealings with Byblos Bank or the Affiliates and Providers generally. Byblos Bank products and services (including Internet Banking services) available and/or referenced on the Website may be subject to the applicable agreements governing their supply and use (the "Service Agreements"). If there is any inconsistency or conflict between the provisions of this Agreement and the provisions of a Service Agreement the provisions of the Service Agreement will govern.
Except for Internet Banking, On-Line Applications and On-Line Requests, the Website is for informational or general illustrative purposes only. The Website is not guaranteed to be accurate, complete, or timely. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer, solicitation, or recommendation to sell or buy any stock, bond or other financial instrument or any product or service.
Internet Banking, Applications, and Requests
Certain portions of the Website relating to on-line transactions ("Internet Banking") may be accessed only by Byblos Bank customers who have agreed to be bound by the applicable Internet Banking Service Agreement and to whom a personal access number and password have been issued. The Website also allows users to complete and submit applications for Byblos Bank products and services ("On-Line Applications"), and to request specific types of information from Byblos Bank ("On-Line Requests"). On-Line Applications and On-Line Requests may only be made using appropriate application forms available through the Website, and not through email.
Information, Submissions and Communications
All information you provide through the Website, including your legal name, residential address, email address, and information relating to Internet Banking transactions, On-Line Applications and On-Line Requests, must be true, accurate, current and complete. Byblos Bank will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Byblos Bank or any other person may incur as a result of your submission of any false, incorrect or incomplete information. You authorize Byblos Bank to: (a) accept communications they receive from you by means of the Website as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to Affiliates and Providers and Byblos Bank employees and representatives by means of the Website, email or other communications (when you have consented to the disclosure of such communications); and (c) respond to your communications by means of Internet communications, email or other communications. Communications you send to Byblos Bank by means of the Website are not effective unless and until they are processed by the responsible Byblos Bank representative. Byblos Bank may refuse to process any communications sent to Byblos Bank by means of the Website, or may reverse the processing of any communications sent to Byblos Bank by means of the Website, at any time in Byblos Bank 's discretion, and without any notice or liability to you or any other person, including without limitation if: (a) Byblos Bank cannot process the communications; (b) the communications violate any provision of this Agreement or any other agreement that you or any other person may have with Byblos Bank; (c) Byblos Bank considers that the communications may conflict with any other instructions from or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.
Confidentiality and Security
Byblos Bank uses data encryption and firewalls to maintain the security of the information it receives through the Website. Nevertheless, security and privacy risks cannot be eliminated. As a further security precaution, you must access and use the Website using commercially available browser software (such as a current version of NetscapeTM or Internet ExplorerTM) that provides 128-bit encryption and SSL (Secure Sockets Layer) technology, and you may not use your browser software's "save password" feature. Once you have initiated a session in connection with the Website, you must not leave the computer from which you have accessed the Website unless and until you have terminated the session and logged off the Website. When you complete a session, you are responsible for clearing your browser's cache or temporary internet files to ensure your personal information is not accessible by others. Email is not secure or confidential unless properly encrypted. Consequently, Byblos Bank discourages the use of email to send personal or financial information to Byblos Bank. Persons that use email for those purposes do so at their own risk, and Byblos Bank and the Affiliates and Providers will not be responsible or liable to you or any other person for any loss or damage suffered as a result of your use of email to communicate with Byblos Bank or the Affiliates and Providers, or the use of email by Byblos Bank or the Affiliates and Providers to communicate with you or other persons at your request.
Errors and Corrections
Byblos Bank endeavours to provide accurate information on and through the Website, but errors may occur and information may become out of date. Byblos Bank does not guarantee the accuracy, completeness, or timeliness of the information available on or through the Website. Byblos Bank may in its discretion change the information available on or through the Website at any time and from time to time without any notice or liability to you or any other person. You may obtain complete and up-to-date information regarding Byblos Bank products and services by contacting Byblos Bank branches and offices.
Currency, Interest Rates
All references in the Website to currency are to the lawful money of Lebanon, unless expressly stated otherwise. Interest rates indicated on the Website are subject to change without prior notice.
Disclaimer and Liability Exclusion
Byblos Bank and the Affiliates and Providers do not accept any liability for your access to and use of the Website. For that reason, the following provisions apply to your access to and use of the Website.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED OR STATUTORY), AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY BYBLOS BANK AND THE AFFILIATES AND PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
YOU ARE SOLELY RESPONSIBLE FOR: (A) OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO ACCESS AND USE THE WEBSITE; (B) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (C) MAINTAINING A COMPLETE AND CURRENT BACKUP OF ALL OF THE INFORMATION CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO ACCESSING OR USING THE WEBSITE.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND BYBLOS BANK'S CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BYBLOS BANK AND THE AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE WEBSITE OR DERIVED FROM THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE ACCESS TO OR USE OF THE WEBSITE; (F) THE ACCESS TO AND USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE ACCESS TO AND USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND BYBLOS BANK AND THE AFFILIATES AND PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE ON-LINE TOOLS (INCLUDING APPLICATIONS AND CALCULATORS) AVAILABLE ON OR THROUGH THE WEBSITE ARE FOR INFORMATIONAL OR GENERAL ILLUSTRATIVE PURPOSES ONLY, AND ARE NOT GUARANTEED TO BE ACCURATE, COMPLETE OR TIMELY. THE INFORMATION AND RESULTS PROVIDED BY THE ON-LINE TOOLS ARE BASED UPON ASSUMPTIONS, PROJECTIONS, AND DATA THAT MAY NOT BE CORRECT OR APPLICABLE AND BYBLOS BANK ITS AFFILITATES AND PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING YOUR USE OF SUCH ON-LINE TOOLS TO THE FULL EXTENT PERMITTED BY LAW.
BYBLOS BANK AND THE AFFILIATES AND PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE ACCESS TO AND USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY BYBLOS BANK OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM BYBLOS BANK OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT BYBLOS BANK OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BYBLOS BANK AND THE AFFILIATES AND PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY BYBLOS BANK OR THE AFFILIATES AND PROVIDERS TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY BYBLOS BANK OR THE AFFILIATES AND PROVIDERS IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION (INCLUDING AN INTERNET BANKING TRANSACTION OR AN ON-LINE APPLICATION) SENT TO BYBLOS BANK OR THE AFFILIATES AND PROVIDERS BY MEANS OF THE WEBSITE OR OTHERWISE, OR FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEBSITE OR EMAIL SERVICES.
ADVICE AND INFORMATION PROVIDED BY BYBLOS BANK OR THE AFFILIATES AND PROVIDERS OR THEIR RESPECTIVE REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER AND LIABILITY EXCLUSION, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
Ownership and Permitted Uses of the Website
The Byblos Bank Website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, on-line tools, calculators, models, data, and other elements available on or through the Website are the property of Byblos Bank, the Affiliates and Providers and others, and are protected by Lebanese and international copyright, trademark, and other laws. Your access to and use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Byblos Bank. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website. The Website may be used only for lawful, personal, and non-commercial purposes. You may print the pages of the Website for your lawful, personal, and non-commercial use, provided that you do not modify any of the content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
The content and information contained on the Web site or delivered to you in connection with your use of the Web site is the property of Byblos Bank and any applicable third parties. Byblos Bank retains all proprietary rights in and arising out of the Web site. The trade-marks, trade names and logos (the "Trade-Marks") that are used and displayed on the Website include registered and unregistered Trade-Marks of Byblos Bank and other third parties. Nothing on the Web site will be construed as granting any licence or right to use any Trade-Marks displayed on the Website. Users are prohibited from using any Trade-Marks without written permission of Byblos Bank or such other applicable third parties.
Other Businesses and Sites
The Website may include advertisements for, information about, or links to, other businesses or Internet sites or resources operated by other persons (collectively "Other Businesses and Sites"). Other Businesses and Sites are independent from Byblos Bank, and Byblos Bank has no responsibility or liability for or control over Other Businesses and Sites or the information, goods or services available from or through those Other Businesses and Sites. Links to Other Businesses and Sites are provided solely for your convenience. Your dealings with, access to and use of Other Businesses and Sites is at your own risk, and you will not make any claim against Byblos Bank arising out of your access to or use of any Other Businesses and Sites.
Linking, Framing, Mirroring, Scraping and Data-Mining the Website
Links to the Website without the express written permission of Byblos Bank are strictly prohibited. Byblos Bank reserves the right to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method are strictly prohibited.
Termination of this Agreement and the Webite
If you breach any provision of this Agreement, you may no longer use the Website. Byblos Bank may, at any time and for any reason and in its discretion: (a) change, suspend or terminate, temporarily or permanently, the Website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Website; all without any notice or liability to you or any other person. If this Agreement or your permission to access or use the Website is terminated by you, or by a person you represent, or by Byblos Bank, this Agreement and all other then existing agreements between Byblos Bank and you or any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
Governing Law and Dispute Resolution
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Lebanon, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Any dispute between Byblos Bank and you or any other person arising from, connected with, or relating to the Website, this Agreement, access to or use of the Website, or any related matters ("Disputes") must be resolved before the Courts of Lebanon and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of all Disputes.
If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.
No consent or waiver by any party to or of any breach by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
Byblos Bank's records regarding your access to and use of the Website and any transactions or communications through the Website or email are, unless shown to be wrong, conclusive evidence of your access to and use of the Website and of the communications. You agree not to object to the admission of Byblos Bank 's records as evidence in any legal proceeding on the ground that the records are not originals, are not in writing, are hearsay, or are documents containing information extracted from a computer.
Notwithstanding any other provision of this Agreement to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: 10 (Disclaimer, Liability Exclusion, Liability Limitation); 11 (Ownership and Permitted Uses of the Website); 13 (Other Businesses and Sites); 15 (Termination); 16 (Governing Law and Dispute Resolution); and 17 (Other Matters).
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to Byblos Bank.
This Agreement is subject to change without notice.