PREMIUMTRUST MOBILE TERMS AND CONDITIONS

This Agreement (“Agreement”) contains the Terms and Conditions (“Terms”) that apply to your use of PremiumTrust Mobile, a mobile banking solution (“PremiumTrust Mobile” or “App”) developed and provided by PremiumTrust Bank Limited (“PremiumTrust”), which allows you perform banking functions with a mobile device.

Please read this Agreement carefully before accessing the App.
Each time you use any Service described in this Agreement, or allow any other person to use any Service, you are confirming your acceptance of the terms of this Agreement, including, but not limited to, the terms of that Service, that are in effect at that time. Any terms or conditions proposed by you that are in addition to, or which conflict with, this Agreement are expressly rejected by us and shall be of no force or effect. If, at any time, you do not wish to accept the terms of this Agreement, you may not access the or use any of its services.

General Terms and Conditions

Scope of Agreement
This Agreement sets forth your and our rights and responsibilities with respect to the Services, but does not replace, any other agreement you may have entered with respect to any account or other bank product, including, but not limited to the Account Agreement, fee schedules, disclosures or any other terms and conditions that are presented to you related to a particular Service or Account. If any terms or provisions of this Agreement conflict with those of another agreement between you and us, or such other agreement contains terms or provisions not addressed herein, such other agreement shall control and take precedence, unless specifically stated otherwise provided in this Agreement.


Definitions
In this Agreement, the following terms have the following meanings: "Account" means any savings, current, loan, investment, or other account maintained by you with us, which may be used or affected in connection with your use of the any Service. An account may be either a consumer account (primarily for personal, family or household purposes) or a business account (primarily for purposes other than personal, family or household purposes). Your representation when you open an account as to the purpose is binding and conclusively establishes the nature of the account.
"ATM" means Automated Teller Machine.
"Card" means a Debit or Credit card issued to you by us which is linked to an account and can be used to undertake payment transactions.
"CBN" means Central Bank of Nigeria.
"Email address" means the email address you have nominated to sign up to access the App.
"Fees" You may pay fees when you make transactions/transfers, these fees are displayed on the App before any transaction is authenticated. You can also reach our call centre for details.
"Insufficient Funds"If there are insufficient funds in an account, we will not act on your Payment instruction.
"Mobile device"includes a cell or mobile phone, tablet computer, or any other personal electronic device, including wireless devices that will allow you to access to the App.
"Mobile number"means the mobile phone number you have nominated to use on or with the device or devices you use to access the App.
"PIN/Password" means the confidential personal identification number you select to identify yourself and to confirm Transactions on the App or conjunction with a card.
"Prohibitions on Use"Activities which are not permitted on the App such as the use of your account/wallet for an illegal, fraudulent, malicious or defamatory purpose.
"Password and PIN Security" Your Password and PIN must be unique and not easily guessed. You must always keep your Password and PIN strictly confidential.
“Service(s)” refers to collectively any or all the PremiumTrust Mobile Services described in this Agreement or added in the future that can be accessed through the App.
“Security Credentials” means, without limitation, any confidential security code, password, Personal Identification Number (PIN), biometric authentication, user identification technology, token, or other means, or method of authentication, identification or verification used in connection with a Security Procedure applicable to any Service.
“Security Procedure” means any process or procedure established between you and us for the purpose of verifying that communications, orders, instructions, or inquiries regarding a Service are yours, and/or for the purpose of authenticating you or your Authorized Users in connection with your use of the Services, and/or for the purpose of authorizing transactions and other activity using the Services.
"Transaction" means any loading of funds from a Funding Source to an account, any offloading of funds from an Account and any Payment.
"Transfer" can be in the form of internal transfer of funds between your accounts, or to other beneficiaries with PremiumTrust or other banks.
"We", "Us" and "Our" means PremiumTrust Bank Limited.
"You", "Your", "Yours" or "User" mean those who download and use the App or who have an interest in Account(s), or those who access, subscribe to or use any Service.

The following services and more are available on PremiumTrust Mobile. The App allows you to:

• View all your PremiumTrust accounts and related services with a single login (including but not limited to your current account, savings account, corporate account, investment account).
• View the available balances on your accounts.
• Transfers money from your account to PremiumTrust accounts, and to other banks’ accounts.
• Transfer money to multiple recipients at once, using the bulk transfer option.
• Schedule recurring transfers.
• Open additional accounts.
• View your transactions and share transaction receipts.
• Make bill payments, purchase airtime and data.
• Book new investments and view existing ones.
• Access instant loans.
• Generate account statements.
• Manage beneficiaries for funds transfer, bill payment, airtime and data purchase.
• Manage signatories to a joint or corporate account.
• Card management – request for a debit card, activate and block/replace cards.
• Cheque management – request for a cheque book/manager’s cheque, deposit, stop and confirm cheques.
• Create budget to manage finances and save unspent funds.
• Biometric login and transaction authentication.
• Hide account balances.
• Set your transaction limits.
• Contact your account officer.
• Contact our Customer Care, look up PremiumTrust branches and ATM.
• Deposit money into your accounts.
• Withdraw cash at any PremiumTrust ATM using the cardless withdrawal option.
• Request for cash and pick up at any PremiumTrust branch.
• Manage your eNaira account.
• Request for a POS.
• Referral scheme.
• Reward scheme based on transactions processed.
• Additional services may be introduced periodically and same shall be accessible on the App to Users.

Terms of Use

We grant you a non-exclusive, non-transferable, royalty-free license to use the App and software embedded in it to open and manage your PremiumTrust account. This license will terminate immediately when you delete the App.
PremiumTrust Mobile is available on Android OS and iOS devices.
We may update the App to add and improve its functionality. Depending on the update, you may not be able to use the App until you have downloaded the latest version and accepted any new or additional terms. Also, if you do not (or you do not upgrade your phone’s operating system to the latest version available), certain features of the App may not work as intended. We are not responsible for the performance of the App on your phone if you do not update the App or your phone’s operating system to the latest version available.

The App is provided for convenience. You acknowledge that the App and the services provided through the App are dependent upon third party services, which may impact its availability to you. We try to ensure that the App services are always available to you, we however do not promise that it will always be available or always work perfectly. Downtime may arise in cases of maintenance, fraud, or a fault in the systems used to provide the App. We do not guarantee the duration of a system downtime as these events are sometimes outside of our control.

Qualification for Use

By regulation, we are required to get to know you before we can create a profile for you. For this reason, we ask you for your personal details and documents during our registration process.
To be eligible to use the App you must be:

• 18 years or above. If you are under 18 and you wish to access or use the App or its services, you may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms, otherwise, you shall immediately discontinue its use

Access to The App

To access the App and its Services, you must download and install the App (available on Android and iOS) to your Mobile Device. You agree to provide a valid email address, mobile number and such other information as we may request from time to time ("User Information") to create a profile and open a PremiumTrust savings account (if you do not have a PremiumTrust account).
You agree not to give or make available your Security Credentials or other means to access your Account to any unauthorized individuals. We also make fingerprint or other biometric identification available as Security Credentials for the App. If you enable such biometric identification as a Security Credential, you acknowledge and agree that anyone whose fingerprint or other identifying information is saved on your Mobile Device will be able to log into the App and access your Account(s). If anyone has their fingerprint or biometric information saved on your Mobile Device and you do not want that person to have access and use the App, then you should not enable fingerprint or biometric identification. We do not control, store nor have access to the fingerprint or biometric profiles saved on your Mobile Device

Opening a PremiumTrust Account through the App

Download and install the PremiumTrust Mobile, follow the registration process and provide the information requested.
The account opening will be subject to the Bank’s processes and reviews which may require you to provide further confirmation or documents. You agree to comply with the standard account opening documentation requirements and to meet Know Your Customer (KYC) requirements as we may request.
If you are a minor, your legal representative is legally responsible for your actions. For this reason, your parent or guardian must approve your account creation.

Your Obligation to Provide Correct Information

In exchange for your use of the App. You agree to: (i) provide true, accurate, current and complete information about yourself and (ii) each time you log on, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such
information is false, inaccurate, not current or incomplete, we reserve the right to refuse any future request(s) to use the App

Verification of Your Information

We may confidentially check the information you give us or obtain information on you ourselves or through third parties from secure databases. By entering into this Agreement, you consent to us or a third party on our behalf carrying out these checks and obtaining any more information we might need to set up your PremiumTrust account.

Charges/Fees

We do not charge for accessing the App; however, your mobile network provider may charge you to access the App. You are responsible for the charges and to review any applicable fees chargeable by your mobile network provider to access and operate the App.

Your Privacy

We take the privacy of our Users very seriously. You understand that by using the Services, you consent to the collection, use, storage, and disclosure of your information as set forth in our Privacy Policy. Read our PRIVACY POLICY here.

Conditions for Using the App

• You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party.
• Your use of the Services must comply with all applicable laws. If your use of this Service is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law(s).
• You agree not to authorize any other person or entity to use your username and password or mobile device to access the Services.
• You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information.
• Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you.
• Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your PremiumTrust Mobile profile or Bank Account(s).
• If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at contactpremium@premiumtrustbank.com.

Your Responsibilities

• It is your sole responsibility to keep your PremiumTrust Mobile profile safe: Security Details, PIN and any part of your account security should not be shared with anybody else or carelessly stored or disclosed under any circumstance.
• If you leave your mobile device without logging out, write your PIN down in a public space or share your details with anybody, we will not be liable for any errors, or results that may come of it.
• We will always use all reasonable efforts to keep the App and service safe, and your security settings will help us narrow it further down. However, if these issues arise due to carelessness with any part of your app or account security, there is very little we can do, and we will be relieved of any liability as regards the occurrence of a breach
• If you believe or reasonably suspect that there is a fraudulent act, we haven’t caught (which should be easy since you get all notifications), it is your duty to notify us immediately. We will then investigate and report back to you through the most secure channel you provide to us.
• You are required to change your security options if you believe any part of your security has been compromised.
• Where you notify us of your intention to change your password, PIN or security options, we will, with your approval, delete these details and allow you set up new ones.
• After initial registration, we will not contact you (or ask anyone to do so on our behalf) with a request to disclose your log in details or transaction password/PIN. 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 provide your log in details to them under any circumstances. Also, you should report any such request to us immediately.
• Upon your registration or approval of certain services, you give us permission to deduct any fees we communicate or notify you on any transaction or service. If these fees change, you will be notified before consummating any transaction and given the option to opt out of this service.

Your Responsibility in A Payment Transaction

When you initiate a payment by entering the required details on the App, you explicitly consent and authorize us to make the payment to the recipient you have provided. It is your responsibility to check all details are accurate as PremiumTrust cannot validate or check these details. If you are initiating payments related to purchasing, then the relationship for that purchase remains between you and the relevant supplier. PremiumTrust is in no way responsible for that purchase, or any terms set by that supplier. If you think that a payment initiated through the App may have been incorrect, unauthorized, or not properly executed (perhaps due to delay or other error), then you need to: contact us immediately on contactpremium@premiumtrustbank.com so that we can investigate and stop the payment if possible.

Uploading Content to the App

We may have features on the App that allows you to upload content, you must comply with the content standards set out in these Terms.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
Any content you upload will be considered non-confidential and non-proprietary. You retain all your ownership rights in your content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties.

Prohibitions on Use of the App

Below are examples of User content and/or use of the App that is illegal or prohibited. This list is not exhaustive, and we reserve the right to restrict access to and/or investigate any User who, in our sole discretion, violates any of the terms or conditions of these Terms.
In view of the foregoing, you understand and agree:

• not to violate any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that are utilized in connection with the Services;
• not to provide information or carry out transactions that are fraudulent, misleading, inaccurate, or dishonest;
• not to fund a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
• not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• not to harvest, collect or publish personally identifiable information of others;
• not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;
• not to use the App in a way that could damage it or stop it from working or affect our systems or other users – for example, by hacking into or inserting malicious code into the App (whether IOS, Android or other operating systems).

Availability of the App

While we use our best endeavour to ensure the App and Services are available optimally, we make no warranty that any part of the App will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error on any part of the App.
We do not guarantee secure, continuous, uninterrupted access to any part of the App, its services, including any networks and servers used to provide any of the services stated herein. Accordingly, we are not responsible for the matters, which include actions of hackers and other unauthorized third parties that breach our reasonable security procedure. No method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee absolute security of the App.
We will also not be liable for any failure to provide services, in part or full, due to abnormal or unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary. This includes but is not limited to phone network failures, or in the case of mobile networks, when you are in not in an area of mobile coverage.
We reserve the right to remove a service from the App with no obligation to give advance notice, and we shall not be liable for losses, costs or expenses arising from any such refusal or removal. You assume the risks associated with the use of the App.

Suspension of Services

We reserve the right, at any time, to suspend your use of the Mobile Application in any of the following situations:

• Where concerns exist about the security of the App;
• Where it is suspected that your account has been used fraudulently or in an unauthorized way;
• Where it is suspected that your account on the triggers certain anti-money laundering risks;
• Where there is a significantly increased risk that you will be unable to repay any loans/overdraft or fulfill an obligation on any of your accounts;
• Where there are legal or regulatory obligations we must meet.

Intellectual Property

• We own or have been licensed to use all the content available and intellectual property rights on the App, and any material published on it, and same are protected by copyright, trademark, patent, trade secret and other proprietary rights. All such rights are reserved.
• You agree to retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and not to alter, obscure or obliterate any of such notices.
• You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. We and/or our licensors own the copyright to all software and accompanying documentation made available for download from the App. Any copy made of information obtained from or through the App must include all applicable copyright notices.
• The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the

Disclaimers

• The App may be under constant upgrades, and some functions and features may not be fully operational during periods of upgrade or software maintenance.
• We disclaim any liability arising due to the vagaries that can occur in the electronic distribution of information.
• You acknowledge that third party services are available on the App. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services, nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services.
• We do not, in any way, endorse any information or service offered or described on the App. In no event shall we be liable to you or any third party for any decision made, or action taken in reliance on such information.
• You assume all responsibility and risk with respect to your use of the App. The services are provided and available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, regarding the App, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose
• We do not warrant use of the App will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the services.

Cheque Deposit

You can now use the App to deposit your cheques into your account. This works by scanning the physical cheque and entering the required cheque details on the cheque deposit section on the App.

Depositing Cheques Using the App

By using this service, you agree that

• All information given is accurate and true
We are unable to accept and process:
• Cheques that are payable to another person (i.e., cheques not in your name)
• Cheques that contain obvious alterations or are suspicious
• Cheques that were previously deposited using the Service
• Post-dated cheques (not yet valid for payment)
• Cheques dated more than 6 months before that deposit date
• Cheques that breach the Service
• Cheques that exceed our deposit limits
• Any other cheques we inform you about periodically

Ensure the cheque has accurate details

• Date – Not less than 6 months before the date of deposit and must not be post-dated as at date of deposit
• Drawer’s name and signature
• The amount in words and figures

Image Quality

The image of a cheque transmitted to us using the App must be legible, accurately provide all information on the front and back of the cheque and meet the standards we inform you for use of the Service. Please ensure you submit a legible image that meets the standards we inform you for use of our Service. The image should be in focus and the 4 corners of the cheque must be visible when image is captured.

Authorization

You authorize us to debit your account(s) to take a cheque payment or deposit back in any of the following circumstances:

• If you are not the correct payee or the name does not match with your bank account
• If we become aware that a cheque was incorrectly paid into your bank account
• If we credit your bank account but the cheque is unpaid (bounces)
• If the cheque has material errors or is missing any of the essential features
• If the cheque has already been paid, stopped or blocked by the time you submitted it
• If you are unable or unwilling to produce the original cheque on request, within the agreed period

Scheduled/Recurring Payments

To set up a scheduled payment from your account on the App, you must first authorize us through the App to take direct debit payments from your account.
If you ask us to pay direct debits/subscriptions on a specified date, your payment will go out on the day you have indicated. We will register the date you have chosen as the first official payment.
It is your responsibility to check that your account is adequately funded before any payment is due. If your account has insufficient funds, your direct debit payment will be rejected.

Modification to These Terms

• We may change these terms from time to time. This is solely at our discretion and changes will be effective when posted on the App with no other notice provided. Please check the Terms regularly for updates as changes shall be effective immediately, and we may indicate the date of such revision.
• In addition, we may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, or content. We may also impose limits on certain features and service or restrict your access to parts or all of the App or the Services provided without notice or liability.
• You are free to decide whether to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the App and Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.

Additional Terms

In conjunction with your access or use of the App, you may be subject to additional terms, rules, policies, and conditions that are posted on the App.

Acceptance of Electronic Documents

You agree that we may send any information, disclosures and/or notices (including, but not limited to, change in terms notices) relating to the Services to you in electronic form by electronic mail. Subject to the requirements of applicable law, your agreement to receive communications electronically applies, without limitation, to all disclosures and information that we are required by applicable law to provide in writing. You agree that we may electronically post communications or make other information available in the applicable Service application or on our website.

Force Majeure

To the fullest extent permitted under applicable law, we will be excused from performance under these Terms for any period that we are prevented from or delayed in performing any obligations pursuant to this Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labour strikes; (e); (f) unauthorized access to our information technology systems by third parties; or (g) other causes beyond our reasonable control and contemplation.

Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Electronic Records

To the extent that any Service provides for the use and delivery of electronic records, you consent to the receipt of electronic records of Service information, documentation, and data in lieu of a hard or paper copy or version thereof. You agree that you will not alter any electronic information, data, or records furnished by us, and you agree that our record of any such information, data, or records is the best evidence of the information set forth therein. We reserve the right to furnish to you, and the right to require you to furnish to us, writings or paper copies of information, communications, data, or records relating to any Service, in lieu of and/or in addition to electronic records thereof, at any time in our discretion.

Interpretation

Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of this Agreement or the application of the provision to the other parties or other circumstances. The headings to the Sections of this Agreement are included for convenience only and shall have no substantive meaning.

Severability

If any provision of this Agreement or the application thereof to any persons or circumstances shall irreconcilably conflict with or be invalid or unenforceable under applicable law, such provision shall be deemed automatically reformed and amended to the extent, and only to the extent, necessary to render it valid and enforceable under such applicable law as of the effective date thereof, and such reformed or amended provision shall be binding without necessitating the formal amendment of this Agreement by the procedures specified herein; provided, however, that if such automatic reformation and amendment of such provision shall be unreasonable or impracticable in the context of this Agreement, or shall significantly conflict with the purpose, intent and/or any other material terms or provisions of this Agreement, then such provision shall be deemed severed from this Agreement with respect to the persons or circumstances as to which such provision shall be invalid or unenforceable. The invalidity or unenforceability of any one or more of the provisions of this Agreement, or the severance of any provision from this Agreement pursuant to the terms of this Agreement, shall not affect the validity or enforceability of the remaining provisions and such remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

Entire Agreement; Waiver; Assignment

You acknowledge that you have read this Agreement, understood it, and agree to be bound by it. This Agreement is the entire agreement and a complete and exclusive statement of the agreement between the parties, which supersedes all prior or concurrent negotiations, proposals, and understandings, whether oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No provision hereof shall be deemed waived, amended or modified except in a written addendum signed by an authorized representative of each party. A waiver by either party of any term, right, or condition of this Agreement, or any breach thereof, in any one instance, shall not waive such term, right, or condition or any subsequent breach hereof. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors. You may not assign or otherwise transfer, by operation of law or otherwise, this Agreement or any rights or obligations herein.

Governing Law

This Agreement and your use of the App shall be construed in accordance with and governed by the laws of the Federal Republic of Nigeria, without giving effect to the principles of conflict of laws.

Dispute Resolution

We shall use our best endeavours to amicably settle any dispute that may arise from or in connection with this Agreement or use of the App. Where we are unable to resolve the dispute through mutual discussions, you agree that all matters related to the dispute or difference of opinion shall be referred to mediation conducted by legal representatives

Disclaimer of Warranties; Limitation of Liability & Indemnification Our
Liability for the Services

In addition to other limitations of liabilities set forth in this Agreement, in no event will we be liable for any losses or damages: (i) if you do not have sufficient funds in your Account or if a transaction would be over your credit limit on your overdraft protection; (ii) if the money in your Account is subject to legal process or other claim restricting the transfer; (iii) if any electronic device (computer, Mobile Device, modem, or other) or the communication line, network or service used to connect and/or provide instructions to us was not working properly; (iv) if circumstances beyond our control prevent the completion of the transaction despite reasonable precautions that we have taken to avoid these circumstances; or (v) if we believe in good faith that a breach of security has occurred or is occurring involving your Account(s) or your use of the Services. If due to an error in the Service and an incorrect amount of funds is removed from your Account, we shall be responsible only for returning the improperly transferred funds to your Account and for directing the proper transfer amounts.

Disclaimer of Warranties

We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your use of the services and content is at your sole risk. The services and all content are provided on an “as is” and “as available” basis. We shall only be responsible for performing the services as expressly stated in this agreement. We make no claim or warranty that the services or any content will be suitable to your needs, uninterrupted, timely, or secure. There is no guarantee that access to the services will be always available, and we shall not be liable if you are unable to access the services. The services and content may contain inaccuracies, typographical errors, or may be otherwise unreliable. We make no warranty that the quality of any products, services, content, information, or other material purchased or obtained by you through the services will meet your expectations. Any material downloaded or otherwise obtained using the services is done at your own discretion and risk. You are solely responsible for any damage to your computer system, mobile devices, or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or through the services shall create any warranty not expressly stated in the agreement.

Limitation of Liability

Except as otherwise expressly provided in this agreement, you acknowledge and agree that in no event shall we or our subsidiaries, officers, agents, service providers, directors, and/or our employees be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, or any damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the availability or performance of the services or content; (ii) issues with systems, hardware or software, and access devises used in connection with the services; (iii) the cost to obtain substitute goods or services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (iv) unauthorized access to or alteration of transmissions or information; (v) statements or conduct of any third-party on the services or content, including, without limitation, any statements or conduct that may be threatening, defamatory, obscene, offensive, illegal, or infringing; or (vi) any other matter relating to the services, or content. In circumstances where the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages are not allowed, our liability is limited to the extent permitted by applicable law.

Indemnity

You agree to indemnify against, and hold us, and our subsidiaries, officers, agents, directors, employees, and our service providers harmless from any claims, demands, costs, damages, expenses or liabilities, including reasonable attorneys’ fees, (including claims, demands, costs, damages, expenses or liabilities made or suffered by any third-party) due to, or arising out of or related to: (i) the actions, omissions, or commissions of you, your representatives, and/or agents relating to the Services; (ii) your violation of any of the provisions of this Agreement, including, but not limited to, any breach of any representation or warranty contained in this Agreement; (iii) the exercise by us of any right, privilege, or authority under the terms of this Agreement; (iv) any transmission or Instruction, whether or not authorized, acted upon by us in good faith (including, but not limited to, any transmission or Instruction received using the Security Procedures); (v) your violation of any rights of another, including, but not limited to, intellectual property rights; or (vi) your violation of applicable federal, state or local law or regulation. Your obligations under this Section shall survive termination of this Agreement.

Contact Us

In case of questions regarding this Agreement, the Services or with any transactions, you should contact us as soon as possible you may reach us by sending a mail to contactpremium@premiumtrustbank.com and include the following information: your name, telephone number and a description of your concern.