Creditwest Bank Ltd. (hereinafter referred to as the Bank) residing office at Sehit Mustafa A. Ruso Ave. No.159, Nicosia TRNC and the User who benefits from the mobile applications of the Bank within the terms specified in this agreement mutually agreed on this Agreement and its Annex (Annex 1 Confidentiality Agreement) to come into force.
2.1. Application: The mobile application named Notifier (hereinafter referred to as Application) refers to the mobile application software running on all mobile devices and all virtual reality channels where the products and services created in relation with this software are provided. 2.2. User refers to the person (hereinafter referred to as User) who benefits from the mobile applications and the services of the Bank within the terms specified in this agreement. 2.3. System Access Tools: refers to the confidential information of the user such as, the users account management page, the user name, code and password which enables access to the application. 2.4. Communication Channels: refers to the communication channels such as, instant notification, Email, SMS, MMS and mobile notification by phone. 2.5. Message: refers to the messages allowed by the User to be sent to him/her by the Bank for marketing, research, information, etc. purposes. 2.6. Users Account Management Page: refers to the user specific web page (hereinafter referred to simply as Portal) where the user only has access via system access tools and processes his/her membership procedures.
3.1. The subject of this Agreement; is the determination of all the products and services that are available in the application and which will be provided by the Bank in the future for the user, the conditions for benefiting from these products and services, and the rights and obligations of the parties. 3.2. By accepting the terms of this agreement, the User accepts any declarations made by the Bank regarding the use, membership and services included in the Application and Portal. The user accepts, declares and undertakes that he/she will act in accordance with all the matters stated in these declarations.
4.1. Notwithstanding the completion of the registration procedures, the applications made by underage/minor persons or representatives of the legal entities that are not authorized shall not benefit from the rights of the User. Demands and transactions contrary to this shall not be the responsibility of the Bank. 4.2. The Bank may unilaterally terminate this Agreement at any time, without any justification, without any notice and without any obligation to pay any compensation and may terminate the User's use of the Application instantly.
6.1. The Bank will provide services through the Application that will enable customers to receive information about specific transactions and account activities. The Bank reserves the right to amend the contents of the services it provides at any time.
Except for the context of this Agreement, the Bank may use the User information under the "Confidentiality Agreement", which is an integral part of the User Agreement and is included in Annex I of this Agreement. Except for the context of this Agreement, the Bank may disclose or use the confidential information of the User to third parties only under the terms of the "Confidentiality Agreement".
This Agreement shall be governed by and construed in accordance with the laws of TRNC. Any unresolved controversy or claim arising out of or relating to this Agreement shall be submitted to the District Court of Nicosia TRNC.
All components of the Application (Not limited to but including the general appearance, design, text, image, logo, icon, demonstrative, written, electronic, graphic or machine readable technical data, Bank brand, applied business method and model, software code and other codes) belong to the Bank and/or are used under the copyright of the Bank bought from a third party. All of these components belonging to the Bank are protected by the intellectual property rights (copyrights) and cannot be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, exposed, used or amended outside the scope of the User Agreement, in the contrary case, the responsible person shall be liable for any damages, including court costs and attorneys' fees, of the Bank and/or the amount of compensation claimed from the Bank for the damages of third parties, including licensees.
The Bank may at its sole discretion and unilaterally modify this User Agreement or any provision and its annexes at any time by announcing the modifications in the Application. The amended provisions of this User Agreement shall become effective on the date of announcement or, if it has a pre specified validity date, on the validity date; the remaining provisions shall remain in force. This User Agreement cannot be modified by the unilateral declarations of members.
11.1. Force majeure refers to the situations including but not limited to, natural disasters, riots, wars, strikes, cyber attacks on the Application, Portal, and system, that although the Bank has taken all the necessary information security measures against and has a reasonable control on, but cannot prevent it from happening. 11.2. In all cases where a force majeure is the cause, the Parties are not liable for late or incomplete or non performed liabilities set forth in this Agreement.
The user acknowledges and undertakes that in the event of a conflict arising out of this Agreement, the electronic and system records, commercial records, notebook records, microfilm, microfiche and computer records held by the Bank, in its database servers, shall remain binding, definitive and exclusive evidence.
This User Agreement will remain in effect for as long as the User is a member of the Application and will continue to have provisions and consequences between the parties.
14.1. The Email address that the user submitted to the Bank shall be deemed to as the legal address for any notice related to this Agreement. 14.2. Unless the parties notify the other party in writing of the changes in the existing Email address within three (3) days of change, the parties agree that the old Email address shall be deemed as valid and notified.
15.1. The User declares, agrees and undertakes that he has read, understood and acknowledged all articles of this Agreement and confirmed the accuracy of the information he/she has given. 15.2. This Agreement shall enter into force for both parties with the electronic approval of the membership request of the User and shall be executed together with its annexes. In the case of a conflict between the Annexes and the provisions of this Agreement, the provisions of this Agreement shall prevail. 15.3. This Agreement consists of 15 (fifteen) articles and 1 (one) Annex and has been established with the consent of the parties upon the approval of the User Agreement through the application. Annexes are an integral part of this Agreement.
1. The Bank attributes importance to personal information and data security, and takes all necessary precautions in this regard. By using the Application, Users acknowledge, declare and undertake that they will comply with the provisions of this Confidentiality Agreement.
2. This Confidentiality Agreement shall apply to all sections of the Application.
3. Protection of users' information and sustainability of privacy is the first priority of the Bank. For this reason, the information given by the Users will not be used for any purposes other than the rules and purposes stated in the Agreement and will not be shared with third parties. The Bank has the right to access the User for marketing, notification and other purposes via letters, Emails, SMS, telephone calls and other means through the address, Email address, fixed line and mobile phone or other means of communication stated in Customer Information Form or in the updated information of the User. By accepting this Agreement, the User acknowledges and declares that the Bank may carry out the above mentioned communication activities unless he/she notifies the Bank in writing for the contrary.
4. The Bank may access information shared by the User within the Application. The Bank undertakes to share this information solely with its associates for the operation of the Application. The user also agrees that this information will be used to communicate with him/her for the purposes of the Application. The Bank shall not share, sell or permit the use of any personal data or information submitted to it to any third party except for the purposes set out above related with the collection of information.
5. In order to identify problems related to the system of the application and to resolve possible operation problems immediately, the Bank may record the IP address of the Users and the information of the User stored in his/her social network account and use these records for these purposes. These IP addresses can be used by the Bank to broadly define the Users and visitors and collect comprehensive demographic data.
6. Information obtained via the Application can only be used by the Bank and other persons and cooperating institutions, only for statistical evaluation, permitted marketing, establishing a database and market research purposes and without disclosing the identity of the User.
7. The Bank may provide links to other sites through the Application, publish advertisements of third party associates, and direct Users through the advertisements to the websites of the owners of the advertisements or of the third parties. The Bank has no liability on the privacy practices and policies of other Applications accessed through this links, or the content they contain.
8. In the following cases, the Bank shall be able to disclose the information of the users to the third parties out of the provisions of this Confidentiality Agreement,
• Where it is necessary to comply with the obligations set by law,
• Where the Bank needs to meet the requirements of the Agreement signed with the Users and applies them,
• Where there is a request for information about Users in the direction of a research or investigation carried out by a competent administrative and/or judicial authority in accordance with the procedural method,
• Where information disclosure is required to protect users rights or security.
9. The Bank shall ensure and maintain strict privacy of the confidential information given to it and keep it confidential and prevent and undertake all precautions to prevent the unauthorized use or disclosure of any or any part of confidential information in public or by third parties.
10. Information obtained via periodical or random surveys of the Bank in the Application may also be used by the Bank and/or cooperating organizations of the Bank, only to conduct direct marketing, statistical analysis and a special database of these Users.
11. The Bank may modify the provisions of this Confidentiality Agreement at any time by announcing in the Application. The amended provisions of this Confidentiality Agreement shall become effective on the date of announcement.
12. This Confidentiality Agreement consists of 12 (twelve) Articles and is an integral part of Banking Services Agreement.