SECTION A

TERMS AND CONDITIONS OF USE OF SELF SERVICE PLATFORM REGARDING THE INTRODUCTION OF PROSPECTIVE CLIENTS (THE "TERMS AND CONDITIONS")

1. Terms and Conditions

1.1 These Terms and Conditions of the use of Self Service Platform shall be read in conjunction with the Terms and Conditions of the agreement1 regarding the introduction of prospective clients (“Clients") (the “Agreement”). It is noted that reference to the words “you and yours” shall mean your company and/or the company you are employed by (as applicable) or you (in case of a physical person).

1.2 These Terms and Conditions and the Agreement remain also subject to the applicable regulatory framework (the “Regulatory Framework”). The Regulatory Framework includes, without limitation to the generality of the foregoing, the Prevention and Suppression of the Money Laundering Activities Law N.188(I)/2007 (the “AML Law’’), any other relevant laws, regulations and directives issued by the competent authorities and the Central Bank of Cyprus, as amended and applied from time to time.

1.3 The Self Service Platform is owned and maintained by the Bank. By enrolling in and using the Self Service Platform, you acknowledge and accept these Terms and Conditions. While the Bank provides a secure system of the Self Service Platform, you are exclusively responsible to have secure communication lines and internet connection when using the Self Service Platform. You shall strictly and only access the correct website.

1.4 It is reiterated that the use and access of the Self Service Platform is subject to the terms and conditions set out below. By using the Self Service Platform, you agree to be bound by these Terms and Conditions.

1.5 The Self Service Platform may only be used for the creation, handling and submission of data and/or documentation in respect to Clients introduced by you to the Bank for further assessment and consideration by the Bank for account opening (the “Purpose”).

2. Designated Users – Credentials

2.1 Your access to the Self Service Platform requires:
a. Your e-mail address,
b. A password.

2.2 You agree and acknowledge that the information mentioned under point 2.1. above will enable you to access the Self Service Platform and use the Self Service Platform for the Purpose.

2.3 You are responsible for maintaining your password secure and confidential and shall be fully liable and responsible for all actions performed using it.

For this purpose and for security reasons:
a. You shall never disclose your password to any third person.
b. You must keep your password in a safe place. Indicatively, you shall not write down your password in any way that can be understood by someone else.

Additionally, you shall avoid using a password that may be easily determined such as birth dates, telephone numbers etc.

3. Use of Self Service Platform:

3.1 You shall comply with all guidelines, requirements, instructions and specifications relating to the Self Service Platform as may be prescribed by the Bank in its sole and absolute discretion.

3.2 You are exclusively responsible for ensuring the security of your access to the Platform and for keeping password and relevant devices protected from unauthorised use.

3.3 The use of your e-mail address and password will serve as your irrevocable authorisation for the Bank to assess the application(s) submitted by you and these application(s) shall be conclusively deemed valid and binding upon you.

4. Accuracy of information and/or of data and personal data:

4.1 You warrant the accuracy of the information and of the data (including, without limitation, of personal data) that you provide to the Bank through the Self Service Platform. The Bank shall not be responsible or liable for the accuracy or inaccuracy of the information and/or of the data (including, without limitation of personal data) provided and/or submitted by you.

4.2 You shall be fully responsible and liable for all applications submitted through the Self Service Platform, including any errors that you may commit therein.

4.3 You further represent and warrant that you have:

4.3.1 in place all relevant permits and/or consents in accordance with the applicable legal framework and/or data protection legislation and such permits and/or consents have never been revoked;

4.3.2 not misrepresented any information to the Bank;

4.3.3 obtained all relevant consents by persons and/or parties in reference to the exchange of any data and/or information as well as the processing of such data and/or information by the Bank accordance with the applicable legal framework;

4.3.4 in your records and/or files the duly certified (on your end) supporting documentation and/or Know Your Customer documents (including, without limitation, identification documents, constitutional documents e.t.c.) in original form with your certification and shall promptly provide the Bank accordingly in the case which the Bank requests the same.

4.4 In respect of the processing of any personal data, you declare that you and the Bank are to be considered as data controllers and agree to:

4.4.1 comply at all times with the applicable data protection legislation, each at its own expense;

4.4.2 provide each other with reasonable co-operation and assistance in connection with its compliance with data protection legislation in relation to personal data;

4.4.3 provide assistance in connection with any complaint or request in relation to data subject rights, provided that neither the Bank or us be required to incur material costs or expenses in providing such co-operation and assistance;

4.4.4 take all appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of or damage to the personal data including (without limitation) by taking reasonable steps to ensure the reliability of any staff who have access to the personal data; and

4.4.5 ensure a level of security appropriate to the nature of the personal data and the risks that are presented by its processing.

5. Processing of your personal data:

5.1 You acknowledge and agree that for the purposes of carrying out your company’s business and/or contractual relationship with the Bank (including, without limitation the Agreement) and for the use of the Self Service Platform, your personal data may be processed by the Bank; the Privacy Notice of the Bank is available at its website (www.eurobank.com.cy).

6. Assessment by the Bank of the application(s):

6.1 Pursuant to the Agreement, the Clients are, at all times, subject to acceptance by the Bank. The Bank reserves the right to reject any application submitted by you (as applicable) through the Self Service Platform, that may lead to non-compliance with the applicable Regulatory Framework and/or infringement of Bank’s internal policies or for any other reason.

7. Copyrights:

7.1 The copyright, trademarks and material and contents of the Self Service Platform are owned by the Bank. Permanent copy and/or saving all or part of the Self Service Platform or the information contained in it or the reproduction or embodiment on paper or electronic means or in any other form for any purpose or reproduction of the material of the Self Service Platform is strictly prohibited without the prior written consent of the Bank.

8. Exclusion of Liability:

8.1 The Bank shall not be liable for any loss or damage of whatever nature in connection with the use of the Self Service Platform, including, without limitation, the following instances:

a. Disruption, failure or delay (systemic or otherwise) or delay in application(s) reaching the Bank which are due to circumstances beyond the control of the Bank, including, without limitation, to events such as but not limited to prolonged power outages, breakdown in computers and communication facilities, pandemics, floods, public disturbances, government restrictions, and other similar or related cases; or

b. Loss or damage that you (and/or your company) may suffer arising out of any improper, fraudulent access or utilization of the Self Service Platform due to theft or unauthorised disclosure of username, passwords, either via phishing or violation of other security measures with, committed by you (and/or your company’s) or through you (and/or your company’s) negligence; or

c. Such other circumstances or reasons which may effectively prevent the Bank from assessing an application.

8.2 You and your company shall be liable for any and all loss arising from unauthorised and/or erroneous applications submitted to the Bank. You agree to hold the Bank, its directors, officers, employees and representatives free and harmless, as well as indemnify the Bank, from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation and/or use of the Self Service Platform.

8.3 Information provided on the Self Service Platform is believed to be reliable at the time of posting. However, the Bank cannot guarantee and DOES NOT warrant or represent that information will be accurate and complete at all times. The Bank will not be liable for any loss or damage sustained by any user as a result of his/her trust on information contained in the Self Service Platform. The Bank also does not bear any responsibility for any damage or loss that may result from changes to the Self Service Platform by any unauthorised third persons and/or parties.

8.4 The Bank shall not be liable for any damage which may be caused to the hardware or software of the user that may arise.

8.5 The connections to third party and/or other portals and/or links are the user’s sole responsibility and these are accessed by you at your sole discretion. The content, correctness, the expressed ideas and other connections provided from these portals and/or links are not investigated, cross checked, reviewed or countersigned by the Bank.

9. Termination of use of the Self Service Platform:

9.1 The access to the Self Service Platform will be terminated upon termination of the business relationship between the Bank and you (in case of a physical person) and/or your company and/or the company you are employed by (as applicable).

9.2 Without prejudice to the above and/or to the provisions of the Agreement, the Bank may immediately terminate your and/or your company’s access to the Self Service Platform without prior notice for any of the following reasons:

a. You (as applicable) breached any of these Terms and Conditions and/or of the Agreement;

b. The Bank is aware of your death, bankruptcy, liquidation or lack of legal capacity or that your good standing has changed (as and if applicable) or;

c. When the Bank considers that it has other reasonable grounds to do so (in which case all reasonable effort will be made to advise you and/or your company of the circumstances of termination) or;

d. In case of breach of these Terms and Conditions by you or by your company and/or the company you are employed by (as applicable) or by any user or;

e. For any reason deriving and/or emanating from the Regulatory Framework.

10. Change in Terms and Conditions:

10.1 Information on this Self Service Platform, including these terms and conditions, are subject to change by the Bank without prior notice

10.2 The Bank may at any time amend any or all Terms and Conditions contained herein without prior notice and all designated users will be considered as having received notice and be bound by the amendments. Yours and /or your company’s continued use of the Self Service Platform will constitute acceptance of the revised and/or modified Terms and Conditions.

11. Breach of Terms and Conditions:

11.1 In case of breach of these Terms and Conditions by any Self Service Platform Designated user, the Bank may and will take all necessary actions to protect its rights.

12. Governing Law:

12.1 The use of the Self Service Platform is governed by the Laws of the Republic of Cyprus and in case of any dispute shall be addressed to the Courts of the Republic of Cyprus.

 

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1The Agreement means the agreement governing the cooperation between your Company and/or the Company you are employed by (as applicable) or you (in case of a physical person) and Eurobank Cyprus Ltd (the “Bank”) regarding the introduction of prospective clients (as this may be amended and/or applied from time to time).