BY ACCEPTEING THE BELOW TERMS AND CONDITIONS, USER / CUSTOMER ACCEPTS THAT FINJA IS SOLELY A SERVICE PROVIDER AND ACCEPTS THAT FINJA WILL NOT BE LIABLE FOR ANY TRANSACTIONS DONE VIA THE PORTAL WHICH IS A GATEWAY FOR PAYMENTS.
1. User / Customer Responsibilities
While accessing the Portal You must:
1.1 Make / Check / Approve transactions to legally registered beneficiary accounts that are active within the domestic banking eco-system;
1.2 Verify and authenticate the payment and account details of the beneficiary accounts to authorize a transaction carried out using Your Credentials through the Portal;
1.3 You will take all reasonable precautions to ensure the security of access to Your Credentials and must not, under any circumstances, allow any third party or any person other than an Authorized User to access or use the Credentials for any purpose;
1.4 The User/Customer and its authorized individuals undertake to abide by the Anti-Money Laundering (AML), Combating Terrorist Financing (CFT) Act/Regulations issued by the State Bank of Pakistan, The Securities & Exchange Commission Pakistan and as prescribed in the Law of Pakistan; and
2. Approval
You will provide express approval for the following:
2.1 Any change in Maker and/or Checker and/or Approver;
2.2 Any payments made above the allotted threshold or to any other accounts that are not approved.
Liability
3.1 Finja is not liable for any unauthorized transactions made using Your Credentials.
3.2 Finja, its directors, employees, Affiliates, Agents or other representatives shall not be liable for any error or omission or for any loss or damage whatsoever including, without limitation, consequential losses of any nature, whether arising in contract, civil or otherwise, arising out of the utilization of the Portal or our Services or from any disruption or non-availability of the Portal or our Services due to any cause whatsoever.
3.3 The User/Customer shall be held liable for any illegal funds transfer and money laundering done using the Customer Credentials on the Portal.
3.4 Illegal or improper use of the Portal shall render the Customer liable for payment of financial charges as determined by Finja and/or result in partial or complete suspension of the Services. Any penalties levied by law or any regulatory authority with regard to the transactions carried out by Customer shall be paid by the Customer.
FINJA BUSINESS TERMS AND CONDITIONS
BY REGISTERING AND ACCEPTING THESE TERMS AND CONDITIONS (the “T&C’s”), THE USER/CUSTOMER AGREES TO BE LEGALLY BOUND TO FINJA BY THESE TERMS & CONDITIONS.
References to ‘We’ ‘Our’ and ‘Us’ refer to Finja. References to ‘You’ and ‘Your’ refer to User/Customer and include, where appropriate, the individuals you have authorized.
Finja is solely responsible for providing a Portal to enable financial transactions to employees and vendors.
1. Portal
1.1 Finja Business Portal (“Portal ”) is a bank-agnostic, pass-through electronic cash management portal that offers the following (“Services") :
a) Salary disbursements;
b) Payroll management;
c) Vendor payments;
d) Bill payments;
e) Web and Mobile enhanced interface;
f) Analytics and reporting; and
g) Credit and lending services
1.2 The Portal functions in a rights and responsibility based structure where all the rights are solely assigned to the Customer who sets up a user profile and has the absolute right to further assign rights for his company on the Portal.
1.3 In order to access a profile, a prospect user needs to create a unique user ID and Password (“Credentials).
1.4 Transactions can only be in Pakistani Rupee (PKR) and to a registered Bank Account / Mobile Wallet of a regulated Financial Institution within Pakistan.
1.5 The following may initiate the onboarding process, in case of a sole proprietorship, the owner, in case of a partnership the authorized partner and in case of a company anyone who has the mandate from the board (the “User” or the “Customer”)
2. Onboarding criteria
2.1 The User’s Company is a validly existing company under the laws of the Islamic Republic of Pakistan with necessary authority, qualifications, licenses, permits and registrations necessary to conduct its business.
2.2 The User(s) accepting these T&Cs has the relevant authority to register and complete the onboarding process with Finja.
2.3 The User(s) must have a valid and up to date NADRA-issued ID card, an authentic e-mail address and a functional mobile number to be registered with Finja.
2.4 The User(s) or the Business (“Customer”) is NOT on any of the following Lists:
a) US Office of Foreign Assets Control (OFAC) sanctions list; and
b) United Nations Security Council (UNSC) sanctions list.
c) Any other security watch-list as suggested by regulatory authorities from time to time.
3. Your Rights
3.1 Finja shall send transaction alerts in real time for all your transactions and will be visible on the Portal.
3.2 The Customer has the authority to assign the Approver(s), Maker(s) and Checker(s) for their Company along with the respective rights and responsibilities.
3.3 Change
a) You will be informed of any change on the portal Finja makes via SMS and email. This will be sent to your registered email and mobile number (on Finja Business).
b) Finja reserves the right to unilaterally add, modify, revise, vary, amend, delete, withdraw or supplement, in whole or in part, any of the provisions outlined in these Terms and Conditions including, without limitation, charges and fees.
c) You must ensure that any changes to the details contained in your original registration / role designation are updated on the Portal and remain up to date. Any change should ideally be updated by you on the Portal within two (2) calendar days.
d) Finja may, in its sole discretion, make enhancements, updates or new releases of the Software available through the Service from time to time.
4. Your Responsibilities
4.1 If You believe that your Credentials have been accessed without your knowledge or consent, or that the password has been misused, you should immediately contact your Relationship Manager or write to us on sales.support@flsl.pk to block accesses to services.
4.2 You will take all reasonable precautions to ensure the security of access to your Credentials and must not, under any circumstances, allow any third-party or any person other than an Authorized User to access or use their own Credentials for any purpose. Sharing of individual Credentials is strictly prohibited.
4.3 You shall be responsible to verify and authenticate the payment and account details of the beneficiary accounts / mobile wallets to authorize a transaction carried out using your Credentials through the Portal.
4.4 You are advised to exercise caution and use industry-standard means to detect and disable viruses and other harmful materials on your electronic gadgets that are used to access Finja Business. Finja will not be responsible for loss, theft or hacking of your Credentials or your electronic gadgets.
4.5 You will not use the Portal in any way that will contravene any legal or regulatory provisions.
4.6 You agree to repay, return and or reimburse Finja any extra amount transferred to you or your beneficiary as a result of a system error, human error or technical glitch. Finja reserves the right to automatically recover the amount in excess of your rightful owners, with or without notice.
4.7 Approval:
4.7.1 You will provide express approval for the following:
a) Any change in Maker(s) and/or checker(s);
b) Any payments made above the allotted threshold or to any other accounts that are not approved; and
c) To terminate the relationship.
5. Your undertakings
5.1 The Customer and its authorized individuals undertake to abide by the Anti-Money Laundering (AML), Combating Terrorist Financing (CFT) Act/Regulations issued by the State Bank of Pakistan, Securities Exchange Commission Pakistan and as prescribed in the Law of Pakistan.
5.2 The User/Customer undertakes and agrees not to use or permit the use of Portal for any illegal or improper purposes and shall comply with all applicable laws and regulations governing the transactions.
5.3 The User/Customer allows Finja to use the transaction data for cross-selling products and services that may fit a particular beneficiary’s profile.
5.4 The User/Customer and its Authorized personnel shall be responsible for accuracy, completeness and authenticity of the funds received through the Portal and all payment instructions provided to Finja.
5.5 The User/Customer acknowledges that the Portal consists of complex software that is never wholly free from defects, errors and bugs and undertakes not to hold Finja responsible for among other things, backend errors, the operation and availability of the systems used for accessing the Portal.
5.6 The User/Customer undertakes and confirms that compliance with these T&C’s and provision of the Services shall be subject to the internal policies of Finja, which may change from time to time, and the relevant circulars/ notifications of SECP.
5.7 The User/Customer will not infringe or violate any intellectual property rights.
6. Finja’s Rights
6.1 Finja may block the account/suspend/cancel the service if the Customer and/or its authorized personnel are found to be involved in any suspicious activity or an activity in violation of the laws of Pakistan or have violated these T&C’s.
6.2 Illegal or improper use of the Portal shall render the Customer liable for payment of financial charges as determined by Finja and/or result in partial or complete suspension of the Services. Any penalties levied by law or any regulatory authority with regard to the transactions carried out by Customer shall be paid by the Customer.
6.3 Finja is authorized to make such disclosures in respect of your transactions as may be required by any court order or competent authority or agency under the provisions or applicable laws and/or otherwise to safeguard the interests of Finja.
7. Finja Undertakings
7.1 Finja shall conduct all activities in a professional, ethical and orderly manner and shall ensure provision of quality Services at all times with an objective to satisfy its Users/Customers.
8. Liability
8.1 The User/Customer accepts that Finja is solely a Service provider and accepts that Finja will not be liable for any transactions done via the Portal which is a gateway for Payments.
8.2 The User/Customer shall be held liable for any illegal funds transfer and/or any type of money laundering conducted using the Customer Credentials on the Portal.
8.3 To the fullest extent under applicable laws, in no event shall Finja be liable to User/Customer or its affiliates for indirect, consequential, exemplary, special or punitive damages arising out of or in connection with the furnishing, performance, use of this Portal, inability to access the Portal, violation of these T&C’S and/or misrepresentations, fraud, willful misconduct, actions, omissions or negligence by Finja.
8.4 User/Customer shall be solely responsible and Finja shall not be liable for any loss (direct, indirect or consequential) if access is gained to User/Customer’s Credentials through forgery, wiretap, theft or divulgence of password by User/Customer.
8.5 Finja shall not be liable or responsible for any transaction related issue(s) faced by the User/Customer due to erratic mobile network connection.
8.6 Finja will not be liable for any technical glitch and/or viruses.
8.7 Finja will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the User/Customer’s computer equipment (electronic gadgets), computer programs, data or other proprietary material due to your use of the Portal.
8.8 Finja will not be held liable for any errors or delays caused by third party dependencies.
9. Indemnity
The User/Customer agrees to fully indemnify and hold harmless Finja, its Parent company, subsidiary, representatives and employees from any and all demands, claims, actions, damages, expenses, or harms including attorney fees arising out of and in connection to your use of the Portal to the fullest extent of the law.
10. Availability of Service/Portal
Finja will use its best endeavors to maintain the reliability and efficiency of the Portal, subject to unscheduled interruptions to the availability of the Portal due to factors beyond the control of Finja including any actions by the User/Customer or third parties.
10.1 Scheduled Downtime
Scheduled Maintenance will be undertaken at regular intervals by Finja which shall have no effect on the system
10.2 Unscheduled Downtime
During unscheduled maintenance an email/SMS shall be sent notifying User/Customer that there is an unscheduled outage and the expected duration of the outage. Similarly, once the maintenance is complete, User/Customer will be informed via the same modes of communication.
11. Portal Security
11.1 You must not use the Portal in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service.
11.2 You must not or attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Portal.
12. Governing Law
These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Islamic Republic of Pakistan and you hereby submit to the exclusive jurisdiction of the Courts of Lahore in relation to all matters.
