LIBRARY

GENERAL TERMS AND CONDITIONS FOR OUR BANK CUSTOMERS

 Interpretative Notes
- Headings: The headings in this Agreement are for convenience only and shall not affect the interpretation or construction of the provisions herein.
- Contextual Meaning: Words and terms shall have the meanings assigned to them in this Agreement unless otherwise specified or unless the context requires a different interpretation.

This framework is intended to ensure clarity and understanding of the terms governing the use of the Bank's services. Should you have any questions or require further clarification regarding specific terms, please do not hesitate to inquire.

DEFINITIONS AND INTERPRETATIONS

This section outlines the definitions and interpretations relevant to the agreement between customers (hereinafter referred to as “the Customer”) and XCP Bank (hereinafter referred to as “the Bank”), particularly concerning the use of its mobile banking services. The following is a comprehensive summary of the key elements covered:

Key Definitions and Interpretations

1. General Terms
- Gender: Words denoting the masculine gender shall include the feminine and vice versa. Words in the singular shall include the plural and vice versa, unless the context requires otherwise.
- Joint Liability: In the event there are multiple Customers, such Customers shall be jointly and severally liable for all obligations under this Agreement.
- Corporate Customers: This Agreement shall remain binding upon corporate entities and their respective successors and assigns.

2. Specific Terms:
- Customer: Any individual or legal entity that has entered into a contract with the Bank for the provision of mobile banking services.
- Bank/XCP Bank: Refers to the financial institution providing the mobile banking services.
- Mobile Banking Services: Services enabling Customers to access account information and perform transactions via a mobile device connected to the internet.
- Online Account Opening Services: Services that permit Customers to open accounts through online platforms.
- Card Account: Accounts that are associated with debit or credit cards issued by the Bank.
- Business Day: Any day on which the Bank is open for business in Vanuatu.
- Cut-off Tim*: The designated deadline for processing transactions on the same Business Day.
- Account: Any bank account maintained by the Customer in euros or other foreign currencies.
- Authorised User: A person designated by the Customer to utilize the mobile banking services on their behalf.
- Unauthorised Person: Any individual other than the Customer or Authorised User who attempts to access or use the mobile banking services.
- Hardware/Mobile Device: The electronic device utilized by the Customer to access the mobile banking services.
- Software: Applications or programs installed on the Hardware/Mobile Device.
- User ID: An alphanumeric identifier assigned by the Bank to uniquely identify each Customer.
- Account Number: A unique numerical identifier assigned to a Customer’s bank account.
- PIN/MPIN/Card PIN: Personal Identification Numbers used for various banking services.
- OTP (One-Time Passcode): A temporary passcode sent to Customers for the purpose of transaction verification, valid for three (3) minutes.
- Personal Information: Any data or information provided by the Customer to the Bank.
- Terms/Agreement: The conditions and provisions under which the mobile banking services are offered.
- Application Notification: Alerts sent to Customers via the mobile application, which may be managed through the application settings.
- Electronic Notice: Notifications disseminated through various electronic channels, including but not limited to email, SMS, or mobile application notifications.

AGREEMENT

Summary of the Mobile Banking Service Agreement

1. Scope of Agreement
- This Agreement governs the use of the Mobile Banking Services provided by XCP Bank (hereinafter referred to as "the Bank").
- It applies to all Customers utilizing the Mobile Banking Services, regardless of the technology employed for access.
- This Agreement supersedes all prior agreements concerning Mobile Banking Services between the Customer and the Bank.

2. Acceptance of Terms
- By downloading and registering for the XCP Bank Mobile Banking Services, the Customer acknowledges and agrees to the terms and conditions set forth in this Agreement.
- The Customer shall not utilize the Mobile Banking Services without fully understanding and consenting to these terms.

3. Relationship with Other Agreements
- This Agreement is supplemental to any existing or future written agreements that the Customer may have with the Bank.
- In the event of a conflict between this Agreement and any other agreements, the terms of the other agreement shall prevail.

4. Changes to the Agreement
- The Bank reserves the right to amend the terms and conditions of this Agreement at any time.
- The Customer shall be notified of any amendments through the Bank's website or other electronic means.
- Continued use of the Mobile Banking Services following such notice constitutes acceptance of the amended terms.
- Should the Customer disagree with any changes, they must cease using the services immediately. The Bank shall not be liable for any costs incurred due to such changes.

5. Changes to Services
- The Bank may review and modify the services offered through the Mobile Banking platform as deemed necessary.
- Reasonable notice will be provided to Customers regarding any modifications or substitutions to the services.

Important Considerations
- Customers are encouraged to regularly review the terms of this Agreement and any notifications from the Bank to remain informed about changes that may affect their use of the Mobile Banking Services.
- It is essential for Customers to recognize that by utilizing the services, they are accepting the current terms as well as any future amendments.

GENERAL

Overview of Mobile Banking Services

Customers utilizing the Mobile Banking Services provided by XCP Bank should familiarize themselves with these terms and conditions, including the limitations and responsibilities associated with transactions, communication, and the use of the banking software.

1. Eligibility
Mobile Banking Services are available to any retail customer with an active account at XCP Bank.

2. Identification and Authentication
- XCP Bank reserves the right to request additional identification documents or updated signatures as deemed necessary.
- Any instructions and messages sent via Mobile Banking Services, once authenticated in accordance with the service guidelines, shall be deemed valid and binding.

3. Liability
- XCP Bank shall not be liable for any losses or damages arising from the possession, use, misuse, or manipulation of its Mobile Banking Software.
- The Bank disclaims any responsibility for the suitability, performance, or security of the Software.

4. Transaction Processing
- Scheduled and recurring transfers will be processed only if there are sufficient cleared funds in the account at the time of batch processing.
- For transactions involving foreign currencies, the applicable exchange rate shall be determined at the time of batch processing.
- Instructions received after the established cut-off time shall be processed on the next business day.
- Payments are contingent upon:
- The availability of sufficient cleared funds in the Customer’s account;
- Any prior arrangements made to overdraw the account within the approved limit.

5. Account Management
- XCP Bank reserves the right to block transactions or accounts in response to security concerns, legal compliance issues, or suspected fraudulent activity.

6. Transaction Timing
- The Bank does not guarantee that payments to or from third-party financial institutions will be processed within specific time frames.

7. Communication
- XCP Bank will communicate with customers via email or telephone using the contact information provided by the customer.

8. Transaction Limits
- Transactions conducted through Mobile Banking Services are subject to daily limits, which will be reviewed periodically.
- Customers will be notified of any changes to these limits through Electronic Notices.

LIMITATION OF LIABILITY

While XCP Bank shall make reasonable efforts to provide the Mobile Banking Services, it shall not be liable for any failure to deliver such services, in whole or in part, due to unforeseen circumstances beyond its control, including but not limited to network failures or disruptions.

If the Customer initiates bill payments using the Mobile Banking Services, the Customer agrees to resolve any disputes or claims directly with the merchant. XCP Bank shall not be liable for any issues or disputes arising between the Customer and the merchant, including, but not limited to, the following situations: (i) if a merchant fails to approve a bill payment; (ii) if a merchant does not issue a refund to the Customer; (iii) if a merchant imposes additional charges on the Customer, including late fees or interest penalties; or (iv) any other actions taken by the merchant.

The Customer understands and agrees that, to effectively access the Mobile Banking Services, the Customer shall: (i) obtain and maintain, at the Customer’s own expense, the appropriate hardware; (ii) adhere to the user guide and security information provided by XCP Bank; and (iii) diligently follow all recommended procedures.

The One-Time Passcode (OTP) shall be sent to the mobile number provided to XCP Bank by the Customer and shall be displayed during the confirmation process.

XCP Bank shall not be required to inquire into the authority of any person using the User ID, MPIN, and/or OTP to access the Mobile Banking Services or to transact on any accounts that the Customer is entitled to access.

The Customer hereby authorizes XCP Bank to debit the Customer's account for the amount of any transaction made through the Mobile Banking Services, along with any applicable fees, except in the case of unauthorized transactions, provided that XCP Bank receives written notification from the Customer prior to such unauthorized transactions.

The Customer hereby indemnifies and holds harmless XCP Bank from any claims, demands, or actions arising from the Customer's use of the Mobile Banking Services and any associated banking systems, unless such claims arise from the fraud, wilful misconduct, or gross negligence of XCP Bank or its employees.

The Customer further agrees that XCP Bank shall not, under any circumstances, be liable for any loss, damage, interruption, delay, or non-performance resulting from:

- The Customer's failure to adhere to the terms and conditions of this Agreement, or the Customer's violation of any applicable laws or regulations, or the provision of erroneous information on the application form.
- The possession, use, or misuse of any third-party software by the Customer.
- XCP Bank's failure to execute any instruction from the Customer due to circumstances beyond XCP Bank’s control, including but not limited to acts of God, fire, flood, explosion, vandalism, sabotage, strikes or labor disputes (whether involving XCP Bank's employees or not), war, riot, civil disturbances, governmental intervention, or any fluctuation in power supply.
- Unavailability or disruption of XCP Bank's systems for the reasons mentioned above or for any other reason.
- Any consequential, indirect, or incidental losses, including but not limited to loss of profits or contracts, or financial losses arising in any manner.
- Failure or malfunction of any equipment, hardware, security tokens, or software used by the Customer to access the Mobile Banking Services.
- Unauthorized access to the Customer's account or any breach of security protocols established therein.
- The use, misuse, abuse, malfunction, or failure of the Customer’s Internet access or hardware.

The Customer shall not use the Mobile Banking Services to facilitate any illegal, unlawful, or fraudulent activities.

The Customer is solely responsible for providing the correct account number of the recipient and the accurate amount for the money transfer.

The Customer bears full responsibility for initiating transactions with the correct card account number and the specified amount.

The Customer has a duty to review all transactions posted to their accounts and to promptly notify XCP Bank of any unauthorized transactions.

CONDITIONS OF USE AND SECURITY PRECAUTIONS

Failure by the Customer to adhere to the security procedures outlined in this Agreement shall constitute a breach of this Agreement. In such cases, XCP Bank shall not be liable for any transactions conducted, or for any instructions, data, or messages transmitted through the Customer's login credentials.

As part of the registration process, the Customer understands that they must create a six-digit MPIN after downloading the Mobile Banking Services. The Customer acknowledges that, for this purpose, they will be required to enter their XCP Bank card account number, card PIN, and National Identity Card number.

The Customer acknowledges the obligation to maintain complete confidentiality and security of authentication parameters, including their mobile phone number, MPIN, and any other forms of authentication that XCP Bank may require at its discretion.

The Customer shall ensure that no other software installed on their mobile device has access to their MPIN or any other passwords. The use and/or downloading of any file or software from the Internet, App Store, or Play Store is at the Customer's risk and shall be subject to the terms and conditions imposed by the software licensor, which shall be considered “third-party software.”

The Customer must ensure the accuracy of the account number and transaction details when submitting transactions through the Mobile Banking Services.

XCP Bank shall have no obligation to verify the destination account number against the beneficiary's name for any payment or transfer instructions. In the event of a discrepancy, the destination account number shall prevail.

XCP Bank shall have no obligation to verify the mobile number against the beneficiary's name for any payment or transfer instructions. In the event of a discrepancy, the specified mobile number shall prevail.

The settlement of the Customer’s transactions is irrevocable and unconditional and may not be altered, modified, amended, suspended, or extended by the Customer.

SMS NOTIFICATIONS, ALERTS, AND DEVICE SECURITY

As part of the Mobile Banking Services, XCP Bank may send SMS notifications to the Customer and the Beneficiary containing details about transactions executed through the Mobile Banking Services. By submitting transactions via the Mobile Banking Services, the Customer consents to the receipt of such SMS notifications for themselves and the Beneficiary.

The Customer is responsible for ensuring that the mobile number provided during the registration and use of Mobile Banking is valid and registered.

By registering for the Mobile Banking Services, the Customer agrees to pay any applicable charges associated with sending SMS notifications regarding the service, including any applicable VAT.

The Customer agrees to promptly inform XCP Bank of any changes to their mobile number, email address, or other contact details.

XCP Bank shall not be liable for SMS notifications sent to an incorrect mobile number due to erroneous information provided by the Customer or any modifications made by the mobile service provider.

The Customer acknowledges that data transmitted to mobile devices is not encrypted, which may allow third parties to intercept data related to their accounts. The Customer agrees to take appropriate precautions to protect the security and integrity of their accounts, including, but not limited to:

- Not leaving their mobile phone unattended while accessing Mobile Banking Services;
- Logging off immediately after using the Mobile Banking Services;
- Not disclosing their username, password, MPIN, security answers, or any other access credentials for Mobile Banking Services to any unauthorized individuals.

The Customer accepts full responsibility for all transactions conducted in relation to their accounts by any person they permit to use their mobile phone, login credentials, or any other means of accessing Mobile Banking Services.

Upon becoming aware that their MPIN or any password may have been compromised or disclosed to an unauthorized person, including but not limited to family members, the Customer must immediately change their MPIN and any other passwords or contact XCP Bank for assistance.

The settlement of the Customer’s transactions is irrevocable and unconditional and may not be altered, modified, amended, suspended, or extended by the Customer.

LOSS OR THEFT OF MOBILE PHONE

In the event that the Customer's mobile phone or hardware is lost or stolen, the Customer understands and agrees to de-register the lost device by accessing the Mobile Banking Services on an alternative device and selecting the “Deregister Device” option available under the “More” section. Alternatively, the Customer may notify XCP Bank, which will suspend the service within a reasonable timeframe. XCP Bank shall not assume any responsibility or liability for any unauthorized access to the Customer’s account details through the Mobile Banking Services on the lost or stolen device.

In cases of loss, theft, or suspected theft of the mobile phone or hardware, XCP Bank may require the Customer to report the incident to the police and provide the Bank with proof of such a report.

In the event of a dispute regarding the effective time and date of notification of any loss, theft, or suspected theft, the time and date of receipt of the notification by XCP Bank shall be deemed conclusive.

XCP Bank shall not be held liable for any loss or damage resulting from any notification made by phone, telegram, telex, fax, or any other means that does not originate from the Customer.

A report of the loss, theft, suspected theft, or unauthorized use of the mobile phone shall not affect any transactions conducted prior to the report or those already settled by XCP Bank or debited to the Customer’s account.

CUSTOMER ACKNOWLEDGMENT AND DECLARATION

The Customer acknowledges that he has read and agrees to the XCP Bank Privacy Policy, which is available on the platform.

The Customer declares and warrants that all information provided to XCP Bank in connection with his subscription and registration for the Mobile Banking Services is true, complete, and accurate in all respects.

The Customer agrees to notify the Bank in writing of any changes to the information provided within seven (7) working days.

By using the Mobile Banking Services and any other services provided under this Agreement, the Customer consents to the disclosure of his personal information to XCP Bank.

The Customer agrees that personal information collected from him or any other legitimate source may be used and processed for the purpose of providing banking facilities.

To deliver the aforementioned services, XCP Bank may, in the course of its operations, share the Customer’s personal information with specific third parties, including subcontractors, service providers, intermediaries, surveyors, reinsurers, and other insurers, whether located in Vanuatu or abroad.

The Customer may, upon written request to XCP Bank’s Data Protection Officer or Compliance Department and upon payment of a prescribed fee, obtain access to, request rectification, restriction, or erasure of, or object to the processing of his personal information held by XCP Bank, in accordance with applicable law. If the restriction or erasure of personal information is insufficient to maintain or process banking facilities, such services shall be discontinued immediately.

Where personal information regarding children under the age of 18 is provided, the consent of the legal guardians must be obtained.

The Customer has the right to lodge a complaint with the Data Protection Commissioner.

The storage period for the Customer’s personal information shall comply with applicable laws.

The Customer acknowledges that to access all features and services of the Mobile Banking Services, he must grant permissions for Contacts, Location, Phone Storage, Fingerprint, Notifications, Camera, Microphone, and SMS on his mobile device.

INTELLECTUAL PROPERTY RIGHTS

All information, tools, software, and systems provided online by XCP Bank, including those used to deliver the Services and the Website, are proprietary to and owned by XCP Bank, its Information Providers, and other licensors. These materials are protected under applicable intellectual property laws. The Customer agrees to use the information and tools solely for personal use. Except as expressly permitted under this Agreement, the Customer shall not engage in any of the following actions: (i) modify, adapt, translate, reverse engineer, decompile, or disassemble any software or systems utilized by the Bank in connection with the Services or the Website; (ii) copy, mirror, reproduce, distribute, publish, download, post, transmit, or create derivative works based on any content available on the Website or through the Services in any form or manner. Nothing in this Agreement or on the Website shall be construed as granting the Customer any right, title, or interest in or to any of XCP Bank’s intellectual property rights or any licenses, whether implied or otherwise.

CONVERSION OF TRANSACTIONS

For transactions conducted in a currency other than the currency of the Customer's transaction account, the transaction shall be converted to the currency of the Customer's account at XCP Bank’s prevailing exchange rate on the processing date and time, or in the case of scheduled or recurring transfers, on the batch processing date and time. A conversion fee, the amount of which shall be determined by XCP Bank from time to time, will apply to transactions conducted in any currency other than the sender’s account currency.

COMMUNICATION OF INFORMATION TO THIRD PARTIES

XCP Bank shall have the right, in accordance with applicable laws and regulations of Vanuatu, to communicate information regarding the Customer to other financial institutions in instances of improper or fraudulent use of any Mobile Banking Service.

TERMINATION OF THIS AGREEMENT

Either party may terminate this Agreement by providing thirty (30) days’ prior written notice to the other party. XCP Bank reserves the right to terminate the service if the Customer has not logged in to the Mobile Banking Services for a period of three (3) consecutive months or more.

XCP Bank may also terminate this Agreement immediately upon any breach of this Agreement by the Customer, if the Customer's accounts are not maintained to the full satisfaction of XCP Bank, or upon the Customer's death, provided that the Bank is made aware of such event.

The Mobile Banking Service shall be automatically terminated if all accounts linked to the service are closed.

Termination of this Agreement, for any reason, shall not affect any accrued rights or liabilities of either party under this Agreement, nor shall it affect any provisions intended to survive termination.

ASSIGNMENT

The Customer shall not assign this Agreement, nor any of its rights or obligations hereunder, without the prior written consent of XCP Bank.

NOTICES

Notwithstanding the contained clauses, any notice required to be given by either party under this Agreement shall be in writing and sent by telex, fax, email, registered mail, or delivered in person to the other party. Notices sent by telex, fax, or email must be confirmed in writing, signed, and delivered to the address specified in this Agreement; otherwise, such notice shall be deemed null and void. Either party may change its postal address by providing written notice to the other party at least seven (7) days in advance.

The Customer acknowledges that email and SMS communications are not secure and may be subject to loss, interception, or alteration. Except as otherwise specified in a separate written agreement between the Customer and XCP Bank, the Bank is under no obligation to accept or act upon any instructions communicated via email. If the Customer transmits confidential information by email, the Bank shall not be liable for any loss, interception, alteration, or misuse of such information by third parties. By sending an email, the Customer agrees that the Bank may, at its sole discretion, respond via email and provide any confidential information requested; the Customer further agrees that the Bank shall not be liable for any loss, interception, alteration, or misuse of information provided via email.

RELATIONSHIP

Nothing in this Agreement shall be construed as creating any agency, fiduciary, joint venture, or partnership relationship between XCP Bank and the Customer.

SEVERABILITY

If any provision of this Agreement, or the application of such provision to any person or set of circumstances, is found to be invalid, unlawful, void, or unenforceable to any extent, the remaining provisions of this Agreement and the application of the invalid, unlawful, void, or unenforceable provision to persons or circumstances other than those for which it has been deemed invalid, unlawful, void, or unenforceable shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Vanuatu. Any dispute arising in connection with the interpretation or fulfilment of this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Vanuatu.

The Terms and Conditions applicable shall be those in effect at the time of the transaction. The Customer, when operating outside of Vanuatu, is responsible for being aware of and complying with the local laws of the country from which they are accessing the Mobile Banking Services, as well as any applicable international laws. The Customer shall be liable for any use or export of any information from XCP Bank’s website that contravenes the local or national laws of that jurisdiction. The most current version of this Agreement is available upon request at all XCP Bank Business Centres, through XCP Bank’s Mobile Banking Services, and on XCP Bank’s website.

---

KNOW YOUR CUSTOMER POLICY FOR OUR BANK CUSTOMERS

The "Know Your Customer" policy, commonly referred to as "KYC," is a mandatory framework for all banks and financial institutions. It requires the verification of the identity of individuals or entities seeking financial services at all times. KYC helps ensure that individuals or criminal organizations do not use banks as intermediaries for identity theft, fraud, money laundering, financing of terrorism, and other illegal activities.

The KYC policy is supported by the following laws and guidelines:

- The Banking Act
- The Financial Intelligence and Anti-Money Laundering Act
- The Financial Intelligence and Anti-Money Laundering Regulations
- Combating the Financing of Terrorism

All information collected under this policy is kept confidential and will not be disclosed to any third party except as required by law.

Implications of KYC for Banks

KYC is a legal requirement that aims to protect customers from impersonation and fraud while mitigating reputational, operational, and legal risks. According to KYC requirements, XCP Bank must maintain up-to-date and verified information regarding the identity, address, occupation, business, and banking activities of all accountholders, clients, and prospective customers. The KYC verification process involves requesting customers and applicants to provide identification documents, data, or information as deemed necessary.

Importance of KYC for Customers

KYC is an essential requirement for opening an account with XCP Bank, including through electronic means. It ensures that the relationship with XCP Bank is maintained in accordance with legal provisions, thus protecting you against identity theft or unauthorized fraudulent transactions throughout this relationship. KYC applies to, but is not limited to, the following activities:

- Opening or maintaining an account
- Establishing a fixed deposit
- Applying for an investment or loan
- Storing Assets for Safekeeping
- Entering into a fiduciary relationship
- Engaging in a one-off transaction

KYC enables you to report any changes to your profile, including residential address, employment details, changes in account signatories, mandate holders, and beneficial owners.

Consequences of Non-Compliance with KYC Requirements

Failure to provide the required information or mandatory KYC documents will result in the irrevocable rejection of any business proposal or application for banking services and products. This may also lead to account closure and a halt to all business transactions until all necessary information and documentation for the KYC process are provided. Insufficient or inaccurate KYC information or documentation may lead to suspicious activity reporting as mandated under the Financial Intelligence and Anti-Money Laundering Act.

KYC Verification Requirements

To complete the KYC verification, you are required to provide readily available documents that confirm your identity and address.

Individual Customers

Proof of Identity:
- National Identity Card or
- Current Valid Passport

Proof of Address:
One of the following documents, which should be less than three months old:
- Recent utility bill (e.g., telephone, electricity, water)
- Recent bank or credit card statement
- Recent bank document specifying your address

Note: Additional documents may be required for non-residents and in other specific cases.

Corporate Customers

The required KYC documents for corporate customers must establish and verify the legal existence of the company and the identity of those in control:

- Certificate of Incorporation
- Articles of Memorandum
- Proof of Identity and Proof of Address (as described above) for:

- Director(s)
- Ultimate Beneficial Owners holding more than 10%
- Significant shareholders holding more than 10%
- Authorized Signatories

Note: Additional documents may be required for non-residents and in other specific cases.

Please be aware that KYC is an ongoing process, and you may be required to resubmit identification documents periodically.

Collaboration to Protect You

KYC is a crucial component of our efforts to combat financial crime and money laundering. Your cooperation with XCP Bank is vital in protecting you and other customers.

While we ensure that your details remain confidential at all stages of our relationship, unless required by law, we urge you to never disclose your bank details or share your identity documents with third parties.

Protecting your information is of paramount importance. Therefore, we may contact you to update and confirm your customer profile.

---

KNOW YOUR CUSTOMER POLICY FOR OUR BANK CUSTOMERS

The "Know Your Customer" policy, commonly referred to as "KYC," is a mandatory framework for all banks and financial institutions. It requires the verification of the identity of individuals or entities seeking financial services at all times. KYC helps ensure that individuals or criminal organizations do not use banks as intermediaries for identity theft, fraud, money laundering, financing of terrorism, and other illegal activities.

The KYC policy is supported by the following laws and guidelines:

- The Banking Act
- The Financial Intelligence and Anti-Money Laundering Act
- The Financial Intelligence and Anti-Money Laundering Regulations
- Combating the Financing of Terrorism

All information collected under this policy is kept confidential and will not be disclosed to any third party except as required by law.

Implications of KYC for Banks

KYC is a legal requirement that aims to protect customers from impersonation and fraud while mitigating reputational, operational, and legal risks. According to KYC requirements, XCP Bank must maintain up-to-date and verified information regarding the identity, address, occupation, business, and banking activities of all accountholders, clients, and prospective customers. The KYC verification process involves requesting customers and applicants to provide identification documents, data, or information as deemed necessary.

Importance of KYC for Customers

KYC is an essential requirement for opening an account with XCP Bank, including through electronic means. It ensures that the relationship with XCP Bank is maintained in accordance with legal provisions, thus protecting you against identity theft or unauthorized fraudulent transactions throughout this relationship. KYC applies to, but is not limited to, the following activities:

- Opening or maintaining an account
- Establishing a fixed deposit
- Applying for an investment or loan
- Storing Assets for Safekeeping
- Entering into a fiduciary relationship
- Engaging in a one-off transaction

KYC enables you to report any changes to your profile, including residential address, employment details, changes in account signatories, mandate holders, and beneficial owners.

Consequences of Non-Compliance with KYC Requirements

Failure to provide the required information or mandatory KYC documents will result in the irrevocable rejection of any business proposal or application for banking services and products. This may also lead to account closure and a halt to all business transactions until all necessary information and documentation for the KYC process are provided. Insufficient or inaccurate KYC information or documentation may lead to suspicious activity reporting as mandated under the Financial Intelligence and Anti-Money Laundering Act.

KYC Verification Requirements

To complete the KYC verification, you are required to provide readily available documents that confirm your identity and address.

Individual Customers

Proof of Identity:
- National Identity Card or
- Current Valid Passport

Proof of Address:
One of the following documents, which should be less than three months old:
- Recent utility bill (e.g., telephone, electricity, water)
- Recent bank or credit card statement
- Recent bank document specifying your address

Note: Additional documents may be required for non-residents and in other specific cases.

Corporate Customers

The required KYC documents for corporate customers must establish and verify the legal existence of the company and the identity of those in control:

- Certificate of Incorporation
- Articles of Memorandum
- Proof of Identity and Proof of Address (as described above) for:

- Director(s)
- Ultimate Beneficial Owners holding more than 10%
- Significant shareholders holding more than 10%
- Authorized Signatories

Note: Additional documents may be required for non-residents and in other specific cases.

Please be aware that KYC is an ongoing process, and you may be required to resubmit identification documents periodically.

Collaboration to Protect You

KYC is a crucial component of our efforts to combat financial crime and money laundering. Your cooperation with XCP Bank is vital in protecting you and other customers.

While we ensure that your details remain confidential at all stages of our relationship, unless required by law, we urge you to never disclose your bank details or share your identity documents with third parties.

Protecting your information is of paramount importance. Therefore, we may contact you to update and confirm your customer profile.

---

ONLINE SAFETY ADVICE TO OUR BANK CUSTOMERS

At XCP Bank, we take every measure to safeguard our online systems, ensuring that your internet banking, superannuation, and insurance services are in secure hands.

Your Accounts Are Safe and Secure

We employ a dedicated team of cybersecurity experts who monitor threats and regularly assess all our services to ensure your accounts remain safe. Our team collaborates with the Australian financial services sector, law enforcement agencies, and threat intelligence organizations to share information about emerging threats and to enhance our digital protection measures.

Your Information Is Protected

Our systems are fortified using industry-standard encryption technology. This means that all data exchanged between your computer and our systems is encrypted, providing an additional layer of security against unauthorized access.

Safeguarding Your Access

To protect your account from unauthorized access, your account will be locked after a specified number of unsuccessful login attempts. Additionally, we automatically log you off from your online or mobile session after a period of inactivity. This practice helps mitigate the risk of unauthorized individuals accessing your information from an unattended device. For optimal security, we recommend that you always log off manually when leaving your device unattended.

Independently Monitoring Your Security

We engage independent cybersecurity consultants to assess the effectiveness of our security controls, including system design, firewall configurations, intrusion prevention systems, web application security, and data protection measures. This independent evaluation strengthens our ability to protect your personal information.

Proof of Identity

To enhance security, we may require you to verify your identity via SMS for high-risk tasks, such as adding a new payee or increasing daily transfer limits. This verification process is designed to safeguard your personal identity against unauthorized access.

Ongoing Monitoring

We regularly review security logs to detect and block suspicious activities. We encourage you to monitor your bank statements frequently and promptly report any suspicious transactions to us.

Measures to Prevent Card Fraud

XCP Bank employs a sophisticated fraud monitoring system to detect and prevent card fraud. This system operates in near real-time to identify potentially fraudulent transactions based on your usage history and other significant data. By monitoring card activities 24/7, we can detect and, in some cases, halt fraudulent or suspicious transactions before they impact your account.

If suspicious activity is detected, a representative from the XCP Fraud Department will contact you between 7:00 AM and 8:00 PM GMT. Should fraudulent activity be suspected outside these hours, transactions may be blocked until we can verify with you.

Protecting Your Online Access

We are committed to ensuring a safe banking experience. We will remedy any unauthorized transactions, provided that you did not contribute to the loss through your own fraud or breach the user obligations outlined in the Online Banking Terms.

To protect yourself, it is essential to regularly review your account statements upon receipt for any unauthorized transactions. You should immediately notify XCP Bank of any fraudulent or unauthorized transactions you identify on your account.

---

 COOKIE POLICY FOR OUR BANK CUSTOMERS

Introduction

To continually improve your experience on our website, we use cookies to store your preferences and help us recognize you. This information enables us to understand your interests and present you with content we believe you will find relevant. By visiting our website, you agree to the storage and access of cookies and other tracking technologies on your computer or handheld device. Please note that some of our services may not function effectively if your device does not accept cookies.

Please review the information below regarding cookies, their settings, and their applications on our website:

What are Cookies?

Cookies are small text files stored on your computer, mobile phone, or other internet-connected devices to identify your browser and provide browsing insights. They help remember information about you, such as your browsing device or language preference. Cookies are completely safe and cannot be used to run programs or deliver viruses to your devices. Each cookie is unique to your specific web browser, allowing the website to remember your browsing behavior and customize content according to your preferences, thus improving your overall experience.

Why Does XCP Bank Use Cookies?

We use first-party and/or third-party cookies on our website for the following purposes:

- Operational Efficiency: To simplify the operation and functionality of our website.
- User Experience Enhancement: To improve your experience on our website and facilitate easier navigation.
- Customization: To personalize your user experience and understand what is useful or of interest to you.
- Website Analysis: To analyze how our website is used and determine how we can modify it for improvement.
- Targeting Needs: To identify and anticipate the needs of future prospects and existing account holders, personalizing marketing and sales interactions accordingly.
- Advertising Personalization: To personalize online advertising based on your interests.

Types of Cookies Used on Our Website

1. Strictly Necessary Cookies
These cookies are essential for the website's functionality, enabling you to access secure areas and use features. They cannot be switched off in our backend. If you disable these cookies, the website may not perform as intended.

2. Performance Cookies
These cookies enhance the website's performance and help us make improvements based on your browsing behavior. Information collected is anonymous and may include data on the most visited pages and recently searched terms. This information helps us improve website functionality.

3. Functionality Cookies
These cookies enhance the website's functionality by remembering your preferences, such as location, username, and language. Without these cookies, the website will not be able to remember your previous choices and will not personalize your browsing experience.

4. Targeting Cookies
These cookies are used to customize marketing based on your interests. They help restrict the number of times you see an advertisement and measure the effectiveness of marketing campaigns. While these cookies may track your browsing patterns on other websites, they do not identify you personally. Without these cookies, advertisements may be less relevant to you.

5. Marketing Cookies
These cookies are account-based and enable us to identify future prospects, personalizing sales and marketing interactions with users.

6. Analytics and Customization Cookies
These cookies collect information to help us analyze how our website is used, assess the effectiveness of our marketing campaigns, and customize your website experience.

On our website, we utilize cookies served by Google Analytics to collect limited data directly from end-user browsers. For more information on how Google collects and uses this data, please visit: [Google Privacy Policy](https://www.google.com/policies/privacy/partners).

How You Can Manage Cookies

You can manage or control cookies through your web browser's settings preferences. However, limiting the ability of websites to set cookies may degrade your overall user experience by reducing personalization and disabling the saving of customized settings, such as login information.

Changes to Our Cookie Policy

We may update this cookie policy at any time to reflect changes in our practices. We will make reasonable efforts to notify you of significant changes so that you can review them before they take effect.

Further Information About Cookies

To learn more about cookies and how to manage them, please visit [About Cookies](www.aboutcookies.org).

In the event of changes to industry practices, norms, or regulations, modifications to this policy will be made as necessary. This policy will remain in effect until December 31, 2025, unless revised or replaced prior to that date.

---