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Definitions

“The Bank” means Kina Bank or Kina Securities Limited trading as Kina Bank and its successors and assignees.

“Customer” shall mean any person holding an active account with the Bank.

“Account” means any account held by the Bank in the name of the Cardholder and/or on which the Cardholder is authorised to operate through the use of the Card.

“Platform” means the Kina Bank WhatsApp Banking platform.

“Device” means a mobile phone, tablet, laptop, computer or any other similar device that enables the User to access WhatsApp and use the Services.

“One Way Communication” shall mean the service provided by the Bank to the Customer on WhatsApp where the Bank sends its Customer one-way messages through its Registered Bank Number in the nature of information, alerts, updates, transaction alerts in relation to the Customer’s Account and such other communications as the Bank may enable from time to time, at its discretion.

“Registered Customer Number” is the mobile number which has been registered with the Bank by the Customer.

“Service(s)” shall mean the One Way Communication and Two Way Communication services provided by the Bank by itself or through any of its service providers, to a Customer on WhatsApp.

“Two Way Communication” shall mean the service provided by the Bank to the Customer on WhatsApp where the Customer can communicate with the Bank by sending it messages in the form of making requests, seeking information, asking queries etc. on the Registered Bank Number and where the Bank responds to such messages. However, this service and the Bank’s responses shall be limited only to such queries, information, requests etc. as may be determined by the Bank from time to time, at its sole discretion.

“WhatsApp” is the application provided by WhatsApp Inc., 1601 Willow Road, Menlo Park, California 94025. United States of America.

The Terms and Conditions herein (and as amended from time to time) together with the Bank’s other Terms and Conditions as stipulated by the Bank from time to time in relation to its banking products, services, facilities or offers and not only limited it those applicable for Account opening, Mobile Banking and ATM cards, instructions from us and any subsequent variations governs the relationship between you and us and are binding on you.

You should read these terms and conditions prior to registration and transacting on this Platform.

By using the WhatsApp Banking Service, you agree to the following:

  1. This WhatsApp Banking service is available to you as the Bank’s existing or potential customer.
  2. The service shall only be available to you as an existing or potential Bank customer by saving the Bank’s WhatsApp number in your contacts and initiating a conversation by sending “Hi” to the saved number.
  3. You hereby irrevocably authorize the Bank to accept and act upon instructions for financial and non-financial transactions given through the Platform and you shall be bound by such instructions.
  4. You accept that any transaction will be completed as and when the process is successfully concluded, provided all other information required by the Platform and the Bank are met.
  5. You hereby acknowledge all debits arising from the use of the Platform and agree that the Bank’s entries shall be final and conclusive evidence of the correctness of any transaction.
  6. We reserve the right to debit your account with charges applicable for transactions via this Platform.
  7. You are responsible for all acts or omissions when you use the Platform (including, without limitation, the entry into of any transactions) and the Bank shall be entitled to treat any access to or use of the Platform (including, without limitation, the entry into of any transactions) as having been duly authorized by you regardless of whether or not it was effected on your behalf. The Bank shall not have any obligation to determine whether transactions were authorized by you and shall be entitled to assume that transactions are so authorized.
  8. You are aware that authentication of technologies and strict security measures are required for using Mobile applications. You undertake to ensure that the password is not revealed to any third party including employees of the Bank. You shall be solely responsible for all the communication exchanged between them and the Bank while logging into this service and the bank or any of its employees shall not be held liable should it be determined that, such communication was not generated by you.
  9. You are solely responsible for ensuring that the electronic device and other equipment used by you in accessing the Platform is suitable for such use and is functioning properly. The Bank accepts no liability if you suffer any loss or damage because your electronic device or equipment is unsuitable or not functioning properly. You are responsible for safeguarding the WhatsApp account linked to the registered mobile number. You shall take all measures to ensure that, no third party initiates any communication on the platform using your device. The bank shall be entitled to assume that, any communication initiated from your registered mobile number has been generated by you and accepts no liability whatsoever should you dispute having generated such communication.
  10. You shall ensure that you have the necessary network connection in order to access the service. Receipt of messages from us on the Platform shall be subject to the network connection and the Bank shall not be held responsible for any delay or non-receipt of the responses from the Bank.
  11. You warrant that the mobile number registered with the bank shall be used to communicate with the bank on the WhatsApp platform.
  12. You understand that using WhatsApp application may carry extra risks and may not be secured. Further, any message and information exchanged is subject to the risk of being read, interrupted, intercepted, or defrauded by third party or otherwise subject to manipulation by third party or involve delay in transmission. The Bank shall not be responsible or liable to you or any third party for the consequences arising out of or in connection with using of this service. You shall notify the Bank in writing as soon as you discover or suspect unauthorised access to your device.
  13. You shall not generate, submit or transmit any content through this service that is but not limited to:
    1. Obscene, Vulgar, or Pornographic
    2. Encourage the commission of a crime or violation of any law
    3. Violates any law in Papua New Guinea and/or the jurisdiction in which you reside and/or any applicable law
    4. Infringes the intellectual or copyrights of a third party
    5. In the event that you conduct any of the activities referred to in 1 – 4 above the Bank shall be entitled to block you from using the platform and shall take necessary measures to report you to the police for prosecution.
  14. The Bank will offer the following services on the Platform:
    Account Enquiry Balance Enquiry
    Mini Statement
    TopUp Services Mobile
    Easipay
    Easipay Voucher
    Payments Credit Card
    Loan
    Billpay
    Fund Transfers Own Account
    Other Kina Account
    My Services Manage Payee
    Manage Mobile
    Manage Easipay
    Card Block
  15. The Bank shall not be obliged to provide any service via the Platform or during any particular hours and may withdraw, suspend or restrict the Platform temporarily.
  16. Any feature addition and removal on WhatsApp Platform is at the sole discretion of the Bank.
  17. The Bank reserves the right to alter any of its procedures concerning access to and use of the Platform. In such circumstances, the Bank will post updates through mail, social media, Kina Bank’s website and other media outlets as required from time to time to notify you of changes to the Platform.
  18. The Platform is provided “as is” and except to the extent required by law, the Bank, including its directors, employees or agents: (1) disclaims any and all express or implied warranties and conditions including without limitation warranties and conditions as to quality and fitness for a particular purpose; and (2) does not warrant that the Platform, any content (including any third party content), goods and services offered therein will be uninterrupted or error free, that defects will be corrected or that the Platform, the servers from which it is made available or any connected platform is free of viruses, Trojan horses, worms, software bombs or similar items or processes or other harmful components.
  19. Under no circumstances shall the Bank, or its agents, affiliated companies, officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this service or for receipt of any answer provided by the program running at the back-end.
  20. We shall not be liable for any delay or failure of the Platform arising from any cause or causes beyond our control, including (without limitation) acts of God, acts of government or regulatory authority, war, fire, flood, explosion, terrorism, riot or civil commotion or non-availability, non-functioning or malfunctioning, computer viruses, interruption or disruption of utilities, internet service providers, or broadcast, telecommunications or other network systems or services.
  21. To the full extent permitted by law, the Bank’s total liability arising out of or in connection with the platform or otherwise under these terms shall be limited to the fees earned by the Bank for such specific transaction(s) wherein the cause of action arose.
  22. Subscription on WhatsApp will allow the Bank to send banking / non-banking alerts to you on WhatsApp. The Bank has the discretion to stop sending these alerts on SMS or any other channel.
  23. Although the communication on the WhatsApp platform is end-to-end encrypted, you understand and agree that any message and information exchanged is subject to the risk of being read, interrupted, defrauded or manipulated by third party and the Bank shall not be responsible for any loss or consequences arising out of the WhatsApp platform.
  24. The responses received by you on the Platform are based on programs running at back-end. This program has been developed and is regularly enhanced to handle the queries in the best possible manner. However, for any inappropriate answers, the bank shall not be held responsible.
  25. You can unsubscribe to the Platform at any time by deleting the Bank’s WhatsApp number from your saved contacts.
  26. If you have subscribed to this service, we advise you to delete WhatsApp when changing your device in order to ensure there is no misuse of the same, otherwise the Bank shall not be held responsible in case of any loss arising out of misuse of WhatsApp application or platform.
  27. In the event that you lose your device through theft or any such means you are required to make a police report within twenty four (24) hours and notify the Bank of such loss. Should you fail to make a police report and to notify the Bank, then and in such event the Bank shall not be held liable for any transactions processed during the period of loss of the device.
  28. Unauthorised Transactions

    When Kina Bank is liable

    Kina Bank will be liable for losses incurred by the cardholder that:

    1. are caused by the fraudulent or gross negligent conduct of Kina Bank’s employees or agents;
    2. result from an unauthorised transaction that occurs after you have notified Kina Bank in person at a Branch, via the Call Centre or e-mail that the WhatsApp banking service has been compromised, devise is lost or stolen or that the security of WhatsApp banking service has been breached; or
    3. result from an unauthorised transaction if it is clear that you have not contributed to the losses.

    When Kina Bank is liable

    You shall be liable if you have contributed to the loss arising from the unauthorised transaction:

    1. through your own fraud; or
    2. by breaching any security requirements of the services provided, or by otherwise acting with extreme carelessness to protect the security of your credentials to use this service.

    In all cases, you are liable for the actual losses suffered.

  29. You understand and agree that WhatsApp or any other service provider through which the Bank is providing the facility of WhatsApp banking services can review and monitor, store the contents shared/ communicated through the WhatsApp or other service provider(s).
  30. These terms and conditions are subject to change at any time and will be updated at the Bank’s discretion
  31. The Courts in Papua New Guinea shall have exclusive jurisdiction regarding any claims or matters arising out of dealings with us, and all disputes will be governed by the laws of Papua New Guinea.

I acknowledge that I have read and that I accept the WhatsApp Banking Terms and Conditions and I agree to be legally bound by them.