The following terms and conditions shall apply to Tropical Bank mobile banking services

Scope & guidelines

2.1 When you register for the Service you will be asked to provide to us the mobile number of which you would like to receive text messages. This service is not provided, for example,

to a fixed line telephone, a computer capable of receiving text messages.

2.2 The Customer must be registered by the Bank to use the Tropical mobile banking Services, and comply with the registration and activation procedures prescribed by the Bank. In

case of joint accounts, mobile banking services are made available to one mobile number suggested by the account holders themselves.

2.3 All responsibility/accountability/rights/liabilities of use by secondary cardholder/joint account holder shall be binding on all joint account holders.

2.4 Tropical Bank will prompt the user to put a PIN of his/her choice at the time of availing service. Thereafter, it is the sole responsibility of customer to safeguard his/her PIN.

2.5 The Bank deals with the customer remotely when using Electronic Banking Channels (there is no face to face interaction), as such:

Conditions

2.6.1 The Customer hereby authorizes the Bank to act on and accept all instructions and transactions that occur after the customer’s PIN, has been entered or applied. The bank shall be entitled and will proceed on the assumption that all such transactions have been authorized by the customer, even in circumstances where such transactions occur without the customer’s knowledge, consent or authority.

2.6.2 The Customer shall be bound to inform the Bank immediately if he/she know or suspects that his/her access code (s) has/have been lost, stolen or may be subjected to unauthorized use. If any unauthorized person obtains the Access Code(s) in any manner whatsoever, such a person shall be regarded as the Customer’s duly authorized agent with full authority to use the Electronic Channels Banking on the Customer’s behalf.

2.7 The Bank shall not be responsible for any inability of a mobile device to access the Tropical mobile banking Services and any loss or damage to a mobile phone resulting from the Customer’s access or use or attempted use of the Tropical mobile banking Services.

2.8 The Bank shall be automatically entitled to disable the Mobile banking services in case of non-usage for a period of 6 months or more.

2.9 The he Customer shall be bound to inform the Bank in writing of the change of his/her mobile number. The Bank shall not be liable for sending Alerts or other information over the

Customer’s new mobile phone number unless it is duly registered in accordance to these terms and conditions. For avoidance of doubts, it is hereby mutually agreed that upon receipt of notification of change of Customer’s Mobile Number the Bank shall de-register the old number

2.10 The Customer undertakes to keep secure his/her SIM card and his/her Mobile phone at all times. The Bank shall not be liable for any consequence arising from the breach of this condition by the customer.

2.11 The Customer acknowledges and agrees that the Bank may, in its sole and absolute discretion, without notice and from time to time add to, vary, alter, suspend or remove any part of or all of the

2.12 Tropical mobile banking Services, without giving any reason and without incurring any liability as for such addition, variation, alteration, suspension or removal of part or all of the mobile banking services. The Tropical mobile banking Services are intended to be available 7days a week, 24 hours a day but there is no warranty that the same will be available at all times.. The Customer further agrees that the Bank shall be entitled at any time, at the Bank’s sole discretion and without prior notice, to temporarily suspend the operation of the Mobile Service for updating, maintenance and upgrading purposes, or for the performance of any of the tasks or any other purpose whatsoever that the Bank deems fit, and in such event, the Bank shall not be liable for any loss, liability or damage which may be incurred directly or incidentally as a result thereof.

2.13 The Customer acknowledges that the Facility is dependent on the telecommunications infrastructure, connectivity and services Within Uganda. The Customer accepts that timelines, of Alerts sent by the Bank will depend on factors affecting the Telecommunications industry. Neither the Bank nor its Service Providers shall be liable for non-delivery or delayed delivery of Alerts, error, loss, distortion in transmission of and wrongful transmission of alerts to the customer.

2.14 The Bank or its employee/contractual staff will not be liable for: (a) any unauthorized use of the Customer’s PIN or (b) mobile phone number/instrument or unauthorized access to e-mails received at his notified email address for any fraudulent, duplicate or erroneous instructions given by use of the same; (c) acting in good faith on any instructions received by the Bank; (d) error, default, delay or inability of the Bank to act on all or any of the instructions; (e) loss of any information/instructions /Alerts in transmission; (f) unauthorized access by any other person to any information / instructions given by the Customer or breach of confidentiality

3 Scope & guidelines

3.1 The Bank may at any time, at its sole discretion, charge and change the fee for use of any or all of the Facility, under a reasonable timed notice to the Customer through any medium available.

3.2 Unless otherwise waived by the Bank, the Customer shall pay the Bank, fees and charges for the use of the service and any other premia that may be legally imposed by the Bank at any time being under this purview. In this regard, the Bank is hereby authorized by the customer to debit any of the Customer’s Account (s) with the Bank.

3.3 The Customer, shall be liable for payment of airtime or other charges which may be levied by the Mobile network operators in connection with the receiving of the Alerts, which may be levied by the Mobile network operators as per the terms and conditions and in which case the Bank is in no way concerned with the same.

4 Laws and Jurisdiction

These terms and conditions shall be governed and fall under jurisdiction of the laws of the Republic of Uganda. All disputes or differences whatsoever which shall arise any time hereafter between the Bank and the Customer, whether during the continuance of the Agreement in the first instance the parties shall endeavour to settle such matter amicably failing which the matter shall be referred to single courts of law which shall be appointed by the parties with the laws of Uganda.

5 Declarations

I/We agree, affirm, confirm and undertake that I/We have read and understood the Terms and Conditions for usage of the Tropical Bank Mobile Banking Services and agree to them wholly. I am/ We are aware that the usage of theTropical Bank’s Mobile Banking Services is governed by the Terms and Conditions hereto as read together with the General Terms and Conditions of the Bank vis-à-vis the Customer Account holding, and I/We have reviewed the contents of the same.Further, I/We accept the terms and conditions governing Mobile Banking Services of Tropical Bank Limited, and further accept that all my/our rights and liabilities would be governed by the said terms and conditions. I/We hereby agree to subject be to and comply with all the provisions of the terms and conditions which are incorpo- rated by reference herein and deemed to be part of this application form to the same extent as if such provisions had been set forth in full herein.

I/We further agree that all provisions in the General Terms and Conditions relating to the Bank’s liability and limitation thereto shall apply to the Tropical mobile

Terms and Conditions. I/We have read and understood the terms and conditions and I accept and agree to be bound by the said terms and conditions to any changes that may be made from time to time by the Bank at its sole discretion including and limiting the Bank’s liability.

6 Additional Terms & Condition

I/We agree that this Mobile Banking Services Facility of Tropical Bank Limited shall be only in specified types of accounts notified by the Bank as ‘eligible Accounts’ for Mobile Banking Services by the Bank, from time to time. I/We further agree that the Mobile Banking Service by Tropical Bank hereto is available intra-bank only and no fund transfer can be effected from other banks to my/our account maintained at the Tropical Bank as well as no fund transfer is permissible from Tropical Bank to accounts maintained with other banks.

7 Indemnity

I/We do hereby indemnify and forever keep indemnified the Bank and its successors and assigns, from and against any and all claims, actions, penalties that may be made, suffered or incurred by the Bank by reason of non-compliance of any of the terms and conditions mentioned herein.

INTERNET BANKING TERMS AND CONDITIONS

I/We do hereby indemnify and forever keep indemnified the Bank and its successors and assigns, from and against any and all claims, actions, penalties that may be

made, suffered or incurred by the Bank by reason of noncompliance of any of the terms and conditions mentioned herein.

Covenants of the Client

In consideration of Tropical Bank Limited performing the Services as mentioned above, the Client hereby declares, assures, undertakes and covenants as under

1.1 The Client and members of its organisation, including the Users have knowledge of the use and functionality of the Internet and the security mechanisms suggested/ prescribed/ offered/ implemented by Tropical Bank Limited on the Site.

1.2 The Client shall install at its own costs, such hardware and/or software including such encryption and security technology as may be required by Tropical Bank

Limited from time to time to enable the Client to access the Services, maintain secrecy and access to authorised Users only.

1.3 The Client undertakes and agrees to keep the password/s provided to/ chosen by the Client and its Users and the security mechanism provided/ implemented by the Bank, absolutely confidential and is bound by any and all transactions including but not limited to Payment instructions and Payment instrument request which are acted upon by Tropical Bank Limited on the usage of the correct passwords/User identities and the security mechanism provided/implemented by the Bank. All passwords chosen by the Client would require to have such minimum characters or strings as Tropical Bank Limited may from time to time specify.

1.4 The Client takes full responsibility for the safe custody of the security mechanism provided/ implemented by the Bank and the password required to access the Internet Banking and Mobile App and the Client shall be responsible for the use and/ormisuse of the same.Any instruction(s) received by Tropical Bank Limited from the server/ PC/ operating device of the Client with a valid password shall be deemed to be an instruction/instructions given by the Client and the Client hereby expressly agrees to be bound by the same. Client should note that Tropical Bank Limited is entitled to utilise all such information received as evidence against the

Client before any competent Court of Law or Judicial or Quasi-Judicial Authority or Tribunal or any other Statutory or Government authority.

1.5 Internet Frauds: Tropical Bank Limited shall endeavour to adopt security measures as available in the industry from time to time. However the Client acknowledges that the technology used including the Internet is susceptible to a number of frauds, misuse, hacking, virus attacks and afflictions, malicious,destruc- tive or corrupting code, programme or macro which could affect the Services.This could result in delays in the processing of instructions or failure in the processing of instructions or inaccuracies in the processing of instructions or unavailability of the Site and/or any other such failures and Tropical Bank Limited shall not be responsible for the same.

1.6 Mistakes & Errors: The Client shall ensure that there are no mistakes and/or errors in the information and instructions given by the Client to Tropical Bank Limited.

2 Covenants of the Client

In the event of Tropical Bank Limited making any changes, enhancements, and or modifications including, without limitation, any upgradation to the Services, the Client shall suitably modify and/or upgrade, at its own costs, its systems to comply with the Internet Banking and Mobile App system and avail of various Services provided by Tropical Bank Limited through Internet Banking and Mobile App and further agrees to execute such additional agreements, writings, documents as may be required from time to time as may be required by the Bank in this regard.

The Client hereby agrees that Tropical Bank Limited shall not be liable for the failure of the Client to so modify and/or upgrade its systems to comply with the Internet Banking and Mobile App system requirements or for any losses, claims, damages, expenses and/or liabilities arising out of such failure of the Client

Maintenance of Tropical Bank Limited internet Banking and Mobile App

3.1 Tropical Bank Limited may from time to time upgrade, modify, alter and/ or perform maintenance services on the Bank’s Internet Banking and Mobile App (hereinafter collectively referred to as “Maintenance services”). Tropical Bank Limited shall endeavor to give prior notice of such routine maintenance service.

3.2 Tropical Bank Limited shall not be liable for any losses, damages and/ or expenses incurred by the Client in respect of any loss of access and/ or use or interruption in the use of the Internet Banking and Mobile App Services due to the Maintenance services being performed on the same.

4 Confidentiality and disclosure

The Client hereby authorises the use of confidential information of the Client by Tropical Bank Limited and the transfer by Tropical Bank Limited of any information relating to the Client to and between the branches, subsidiaries, representative offices, affiliates, representatives, auditors and agents of Tropical Bank Limited and third parties selected by any of them, wherever situated, for confidential use in connection with the provision of the Services to the Client, or for statistical analysis, credit scoring publicity/promotional activities and data processing purposes, and further acknowledges that any such branch, subsidiary, representative office, affiliate, agent or third party shall be entitled to transfer any such information as required by any law, court, statutory, regulatory or legal process.

5.Customer Consent

By providing your NIN to the Bank, you expressly consent to its use as stipulated in these Terms and in accordance with the Regulations, 2015. The Bank shall use the NIN for identity verification, customer due diligence, fraud prevention, risk management, and any other legally permitted purpose.

5.1 Purpose of NIN Usage

The Bank shall use the NIN for the following purposes:

a)Customer identification and verification in accordance with regulatory requirements.

b)Compliance with Know Your Customer (KYC) obligations at account opening and loan application

c)Fraud prevention, detection, and mitigation.

d)Risk management and security enhancement.

e)Reporting and compliance with government authorities where required by law.

5.3 Data Protection and Confidentiality

The Bank is committed to ensuring the confidentiality, security, and integrity of customers’ NIN data. The Bank shall:

a)Store and process the NIN in compliance with applicable data protection laws and regulations.

b)Restrict access to authorized personnel only.

c)Not disclose or share the NIN with third parties, except as required by law or with the customer’s explicit consent.

5.4 Customer Responsibilities

Customers are responsible for:

Providing accurate and valid NIN information.

Promptly updating the Bank in case of any changes to their NIN details.

Ensuring that their NIN is not used fraudulently or by unauthorized persons.

5.5 Regulatory Compliance

The Bank shall process and utilize the NIN strictly in compliance with the Regulations, 2015, and any other applicable regulatory directives.

The Bank shall not be liable for any loss, damage, or claims arising from:

a)The customer providing incorrect or fraudulent NIN information.

b)Unauthorized access or use of NIN resulting from circumstances beyond the Bank’s control.

c)Any regulatory changes affecting the process

6 Notices

6.1 All notices and communications under these Terms and Conditions shall be in the manner acceptable to Tropical Bank Limited from time to time.

6.2 All other notices, communications and writings pursuant to these Terms and Conditions may be delivered by hand, by mail, by overnight courier service to

6.2.1 If to Tropical Bank Limited to the following address: Head Office: Kampala road Plot 27

P.o Box 9485 / 7292,

Kampala, Uganda

6.2.2 If to the Client, to the address provided in the Application Form. All notices shall be deemed to be given

6.2.3 If delivered by overnight courier or hand delivery, only on actual delivery

6.2.4 If by mail then within a timeframe of postage as determined by Tropical Bank Limited.

7 General

7.1 Charges: The Client hereby agrees to bear the charges as may be stipulated by the Tropical Bank Limited from time to time for availing of these Services and Tropical Bank Limited is authorized to debit such charges to the Client’s Accounts.

7.2 Non-Transferability and Non-Assignability: The grant of the facility of Internet Banking and Mobile App to the Client is not transferable under any circumstance and shall be used only by the Client through its designated Users. The Client shall not assign these Terms and Conditions to any other person. Tropical Bank Limited may subcontract and employ agents to carry out any of its obligations under these Terms and Conditions.

7.3 These Terms and Conditions are in addition to the terms and conditions accepted by the Client for any other Tropical Bank Limited Limited products and services, which shall be deemed to have been incorporated hereinunder.

7.4 Bank shall not be liable for any data breaches or security breaches arising from Telecom companies reassigning the phone number that had initially been provided by the customer for whatever reason.

8 Amendment of agreement

The Client hereby agrees to bear the charges as may be stipulated by the Tropical Bank Limited from time to time for availing of these Services and Tropical Bank Limited is authorized to debit such charges to the Client’s Accounts. Non-Transferability and Non-Assignability: The grant of the facility of Internet Banking and Mobile App to the Client is not transferable under any circumstance and shall be used only by the Client through its designated Users. The Client shall not assign these Terms and Conditions to any other person. Tropical Bank Limited may subcontract and employ agents to carry out any of its obligations under these Terms and Conditions. These Terms and Conditions are in addition to the terms and conditions accepted by the Client for any other Tropical Bank Limited products and services, which shall be deemed to have been incorporated hereinunder.

Marginal Notes

Marginal notes contained in these Terms and Conditions are for the information purposes only and are not conclusive as to the content of the clauses therein.

To Tropical bank Limited

These are the General Terms and Conditions referred in the Account Opening Form signed by me/us.