1. Definitions
   "Accounts" means the account or accounts of the Subscriber with the Bank which shall be accessible and operated by the Subscriber through, inter alia, the Service.
   
   "Agreement" shall mean the Terms and Conditions contained herein;
   
   "Bank" shall include the Head Office or any other branch of Mashreq including its successors and assigns;
   
   "Financial Transactions" mean all functionalities which involve financial approval;
   
   "Functionalities" mean all Financial and Non-Financial Transactions available on the Service;
   
   "mashreqonline" is the brand name of the Internet Banking Delivery Channel launched by Mashreq;
   
   "Non Financial Transactions" means all the functionalities which do not involve any financial approval such as enquiry, initiation of requests for statement download etc.
   
   "Password" means the secret alphanumeric code set and maintained by each User, which together with the User ID allows a User to access the Service;
   
   "Registration" means the process whereby the User logs on the first time to the registration site using the Telephone Identity Number “TIN” and when prompted selects and sets a Password of the User’s choice. This process will change the User status to ‘Active’ and allow the User to log-in to the Service;
   
   "Service" means all or any of the Functionalities on the Internet Banking Delivery Channel provided by Mashreq over its website under the brand name “MashreqOnline” and is in addition to and in conjunction with any other normal banking delivery channel such as Branch Banking, IVR, ATM, etc.;
   
   "User ID" means the valid account number or card number provided or issued by the Bank. It allows an authorized User to access the Service when used in conjunction with the Password.
   
   
2. Use of the Service
   2.1 Use of the Service is permitted only upon the Bank allowing access to the Subscriber. The Bank reserves the right to require further documentation prior to allowing such access.
   
   2.2 Upon access to the Service being permitted to the Subscriber through the Registration processes, The Subscriber has full access to all Functionalities comprised therein and, for the purpose of his/her own use and records only, may (a) download and store data on hard disk and (b) print hard copy of certain pages.
   
   2.3 Where the Service is made available linked to an account in two or more names with the Bank, it is acknowledged that, irrespective of whether the mode of operation of such account is joint or single, the service may be accessed by one Subscriber acting alone.
   
   
3. Instructions and Transactions
   3.1 The Subscriber irrevocably authorizes the Bank to accept and act upon instructions for Financial and Non-Financial Transactions given to the Bank and the Subscriber will be bound by such instructions.
   
   3.2 The Subscriber shall be liable for all monies due and liabilities incurred arising from instructions given by him, in accordance with the Bank’s Schedule of Charges (refer MAI Schedule of Charges Mashreq Al Islami related charges).
   
   3.3 The Subscriber accepts that the payment request submitted to the Bank cannot be treated as evidence of the Bank having paid or agreed to pay the sum so requested.
   
   3.4 The Subscriber accepts that the cut-off time for a business day is the same as the Bank’s normal business timings in the UAE from Saturday to Thursday. All requests received after the cut-off time or on a Bank holiday will be deemed to have been received on the following business day.
   
   3.5 The Subscriber agrees that the Bank shall in no circumstances be liable for any loss or damage arising from payment requests submitted to the Bank where the time of receipt of such requests by the Bank does not fall during the normal business timings of the Bank.
   
   3.6 The Subscriber accepts that any transaction will be completed as and when the process is successfully concluded, provided all other requirements are met.
   
   3.7 The Bank will not act on any instructions via public e-mail nor will the Bank or the Subscriber transmit to the other any information of a sensitive nature via public e-mail. In the event that public e-mail system is used by the Subscriber the Bank shall in no circumstances be liable for any loss or damage arising from such use.
   
   3.8 The Bank shall not be responsible for any payments to any third party arising out of erroneous input by the Subscriber.
   
   3.9 The Subscriber shall ensure sufficient drawing powers in any account before making transfers. If for any reason an account is overdrawn by use of the Service, the Subscriber shall be responsible for immediately making up the deficit by a direct payment or transfer of funds from any other account(s) and payment of relevant Charges (refer MAI Schedule of Charges Mashreq Al Islami related charges).
   
   3.10 The Subscriber hereby acknowledges all debits arising from the use of the Service and considers that the Bank’s books, entries and registers shall be final and conclusive evidence of the correctness of any transaction.
   
   
4. Right of set-off
   The Bank reserves the right, at any time and without giving prior notice, to combine or consolidate all or any of the Subscriber’s Account(s) to the credit of anyone or more of such account(s) in or towards the satisfaction of any liabilities to the Bank. The combinations, consolidations, set-off and transfer referred to herein may be made as and when required and at the absolute discretion of the Bank.
   
   
5. Charges and Fees
   The Bank reserves the right to debit the Subscriber’s account with charges applicable for transactions over the Service. Such charges shall be as per the Bank’s Schedule of Charges (refer MAI Schedule of Charges Mashreq Al Islami related charges).
   
   
6. Security
   6.1 The Bank undertakes to use reasonable care that the Password not to become known to any of the Bank’s employees or agents. It is the responsibility of the Subscriber to set the Password at inception and to change it as and when required in order to secure confidentiality and security of the Password.
   
   6.2 The Subscriber undertakes not to disclose his/her Password to any other person and the Subscriber is entirely responsible for ensuring that the Password is kept secret and not used by any one else for any fraudulent purpose. In the event of the Password becoming known to someone other than the Subscriber, that person may be treated by the Bank as an authorised User and the Bank shall not be responsible for any loss or damage which may occur as a result of the Password become known to others. If the Subscriber knows or suspects that someone else has learned his/her Password the Subscriber shall inform the Bank immediately.
   
   6.3 The Subscriber agrees and undertakes to treat the access rights, documentation or any other information related to the Service, strictly private and confidential at all times.
   
   6.4 All technology based devices and method of electronic authentication for the security and integrity of electronic data and electronic communications transmission and identification of the sender may be subject to change, at the sole discretion of the Bank. The Bank is not obliged to give prior notification to the Subscriber for any technological change.
   
   
7. Limitation of Liability
   With the exception of gross negligence and/or wilful misconduct committed by the Bank and/or the Subscriber, the Subscriber shall be responsible for any damage or loss incurred by the Subscriber or by the Bank and the Subscriber is fully liable to indemnify the Bank, their officers, directors, employees, agents for any loss or damage, howsoever caused, resulting from the use of the Service.
   
   
8. Subscriber Information
   The Subscriber shall inform the Bank immediately in writing of any changes to its details as submitted on any document pertaining to mashreqonline or mobile banking Service.
   
   
9. The Subscriber's Equipment
   The Subscriber is solely responsible for ensuring that the computer and other equipment with which the Subscriber or any User accesses and uses the Service are suitable for such use and are functioning properly (including at any time providing sufficient storage for downloading data to disc or paper for printouts). The Bank accepts no liability if the Subscriber suffers any loss or damage because an item of the Subscriber's equipment is unsuitable or not functioning properly.
   
   
10. Provision of Service
    The Bank shall not be obliged to provide the Service or any part of it at all times or during any particular hours and may withdraw, suspend or restrict the Service temporarily.
    
    
11. Communication
    11.1 The Bank may record and shall keep record of the Subscriber's electronic or other written communications for as long as the Bank considers appropriate.
    
    11.2 Communications sent by means of the Service, which is accessed by the User ID and Password, shall be treated as satisfying any legal requirement that a communication should be signed and in writing.
    
    11.3 Communications sent by means of the Service shall be deemed to be delivered upon receipt.
    
    
12. Linking
    The Bank does not accept any responsibility or liability for enabling the Subscriber to link to another web-site, or the contents of any other site, whether one from which the Subscriber may have been linked or to which the Subscriber may link from the web-site, or any consequence of acting upon the contents of another web-site.
    
    
13. Events Beyond Bank's Control
    The Bank shall not be liable for any delay or failure of mashreqonline or mobile banking Service arising from any cause or causes beyond its control, including (without limitation) act of God, act of government or regulatory authority, war, fire, flood, explosion, terrorism, riot or civil commotion, or non-availability, non-functioning or malfunctioning, computer viruses, interruption or disruption of utilities, internet service provider(s), or broadcast, telecommunications or other network systems or services.
    
    
14. Updates
    The Bank reserves the right to alter any of its procedures concerning access to and use of the Service. In such circumstances the Bank will post updates to notify the Subscriber of changes to the Service on mashreqonline or mobile banking.
    
    
15. Termination
    The Bank reserves the right, in its sole discretion, to terminate the Subscriber's use of the Service immediately without giving prior notice to the Subscriber.
    
    
16. Events of Default
    The Bank may terminate the access to the Service with immediate effect:
    
    16.1 if the Subscriber ceases to maintain an Account with the Bank in the United Arab Emirates;
    
    16.2 if the Subscriber’s relationship with the Bank or any other banking activity has terminated;
    
    16.3 if the Subscriber notifies the Bank of changes in the status of the Subscriber which are unacceptable to the Bank.
    
    
17. Waiver
    No failure or delay on the part of the Bank to exercise any power, right or remedy under this Agreement shall operate as a waiver thereof, nor shall any partial exercise by the Bank of any power, right or remedy prevent any other alternative exercise thereof or the exercise of any other power, right or remedy. The remedies provided in this Agreement are cumulative and are not exclusive of any remedies provided by law.With respect to Islamic Banking relationship, nothing in this Agreement shall oblige the Bank or the Customer to pay interest or to receive any interest on any amount payable in violation of the Islamic Shariah as determined by the Bank’s Shariah Board or to do anything that is unacceptable under the Islamic Shariah as determined by the Bank’s Shariah Board.
    
    
18. Severability
    Each of the provisions of this Agreement are severable from the others and if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.
    
    
19. Governing Law
    The terms and conditions contained herein shall be governed and interpreted in accordance with the laws that may be determined by the Bank at its sole and absolute discretion. In the event of a dispute arising in relation to the use of the Service, it shall be resolved by courts of Dubai, UAE provided that the Bank may, if it deems appropriate, bring proceedings in any other jurisdiction, inside or outside the UAE.
    
    The Subscriber confirms having read, understood and accepted the above terms and conditions in acknowledgement of which he/she has submitted this agreement to the Bank.


20. Value Added Tax
    20.1 With effect from 1st January 2018, all fees & charges mentioned are subject to additional 5% Value Added Tax (with the exclusion of interest/profit & currency conversion charges).
    
    20.2 Value Added Tax means any tax payable to any tax authority in respect of transactions and includes, but without limitation, any other form of taxation that maybe applicable for customers using Online & Mobile Banking.
    
    20.3 All amounts expressed to be payable for transactions done through Online & Mobile Banking by me/us to Mashreq which (in whole or in part) constitute the consideration for any supply for VAT purposes are deemed to be exclusive of any VAT which is chargeable on that supply, and accordingly if VAT is or becomes chargeable on any supply made by Mashreq to me/us and Mashreq is required to account to the relevant tax authority for VAT on that supply, I/we must pay to Mashreq (in addition to and at the same time as paying any other consideration for such supply or at the point the VAT becomes due to be paid by Mashreq (if earlier) an amount equal to the amount of VAT (and Mashreq must promptly provide an appropriate VAT invoice where so required to by law).
    
    20.4 By using Online & Mobile Banking requires me/us to reimburse or indemnify Mashreq for any cost or expense, I/we shall reimburse or indemnify (as the case may be) Mashreq for the full amount of such cost or expense, including such part thereof as represents VAT, save to the extent that such Mashreq reasonably determines that it is entitled to credit or repayment in respect of such VAT from the relevant tax authority.
    
    20.5 In relation to any supply made by Mashreq to me/us through Online & Mobile Banking, if reasonably requested by me/us in writing, Mashreq must promptly provide me/us with details of Mashreq’s VAT registration and such other information as is reasonably requested in connection with my/our's VAT reporting requirements in relation to such supply.
    
    

Mobie Banking Terms of use:

INTRODUCTION
Mashreq Mobile is the brand name of the mobile banking service and account management service that Mashreq, United Arab Emirates (“Bank”) offers its customers. Mashreq Mobile is available only (i) for the persons who have an account (s) with the Bank in the United Arab Emirates (including a credit card account with the Bank), and (ii) are above 21 years of age (“Customer”). Mashreq Mobile is available for the Customers both in and outside the United Arab Emirates. 
TERMS AND CONDITIONS
The Customer hereby agrees that the Customer shall comply with and be bound by the terms and conditions applicable for Mashreq Mobile (“T&Cs”) that are provided herein, in addition to complying with the terms and conditions pertaining to accounts of the Customer with the Bank, the terms and conditions applicable to the Bank’s online banking channel, and the general terms and conditions governing the relationship of the Customer with the Bank.
The Customer understands that the Bank is entitled to amend the T&Cs and the terms on which Mashreq Mobile is provided by it from time to time as per the Bank’s discretion and as per the market/technical requirements. While every endeavor shall be made to notify the Customer of any revision to the T&Cs, it is hereby clarified that it is the responsibility of the Customer to ensure that the Customer is updated at all times, with all applicable terms and conditions including the T&Cs. It is hereby clarified that the T&Cs covers only the Services (defined below) provided by the Bank, and it shall not be construed to apply to any other products or services offered by the Bank (including any products and services that are accessed through Mashreq Mobile). In the event of a conflict between these T&Cs and any other terms and conditions governing the Customer’s relationship with the Bank, these T&Cs will prevail with respect to the Services. Notwithstanding the previous sentence, in any event, the provision most favorable to the Bank shall prevail under all circumstances to the extent it relates, to the account(s) of, or the Bank’s products and services (including Mashreq Mobile) availed of by, the Customer.
By using Mashreq Mobile, the Customer accepts and agrees to comply with and be bound by all of the terms, conditions and requirements contained in these T&Cs and any other terms and conditions that are applicable to the Services. The Customer accepts sole responsibility for the use of Mashreq Mobile and releases the Bank from any responsibility or liability in connection with thereto. The Customer is requested to read these T&Cs and related documents carefully before using Mashreq Mobile and keep a copy for the Customer’s records.
It is the Customer’s responsibility to understand how Mashreq Mobile operates and to operate it in accordance with the specified guidelines and the T&Cs. In the event of any change or upgrade in the Services, it is the Customer’s responsibility to understand the operation of the new/ upgraded Services.
REGISTRATION
In order to use Mashreq Mobile, the Customer should possess a mobile phone or a handheld device (“Mobile Device”). The Mobile Device should be a handheld/wireless device which can be used to communicate with the Bank and includes the device, an active SIM card registered in the name of the Customer, any accessories that accompanies the Mobile Device, should have telecommunication service ability and wireless internet accessing facility and should comply with the technical specifications for the Mobile Device prescribed by the Bank from time to time. The Customer understands that the availability of Mashreq Mobile is dependent on the Mobile Device, the telecommunications service provider used by the Customer (“Service Provider”) and any other service provider used by the Bank to provide the Services. The Customer shall also comply with the terms and conditions of the manufacturer/ supplier of the Mobile Device, the Service Provider and any other service provider.
Before using Mashreq Mobile, the Customer shall download Mashreq Mobile onto the Mobile Device using a secure internet connection. The Customer may be required to provide personal information including (without limit) information about their Mobile Device, their telephone number, basic details about the Service Provider and designated email address that has been registered with the Bank’s online banking channel to the Bank. Any information provided to the Bank in connection with hereof shall be treated as personal information and shall be retained by the Bank so that it can provide the Customer with the Services as per their request. It is the Customer’s responsibility to ensure that the information provided to the Bank is accurate, complete and current and to notify the Bank immediately if there is any error or change in this information. Please note that the Customer may not be able to avail the Services if the Bank is unable to verify the information provided to it. The Customer hereby authorizes the Bank to share the information received from it to its employees, agents, affiliates, officers, representatives, service providers and other third parties.
The Services offered to the Customer via Mashreq Mobile may vary depending on the type of Mobile Device used. Mashreq Mobile may not be available through all Service Providers and some Mobile Devices may not support Mashreq Mobile. The technical specifications that need to be complied with in order to download and register for Mashreq Mobile may vary depending on the specifications of the Mobile Device and requirements of the Service Provider, either of which may be updated from time to time. Manufacturers of Mobile Devices may, at any time, modify the design and make of the Mobile Devices.
It is the Customer’s responsibility to ensure that the Mobile Device is compliant with Mashreq Mobile and to comply with the terms and conditions and any technical standards applicable to Mobile Devices. Further, the Customer understands and agrees that Service Providers may, at any time, modify the terms and conditions and technical standards that are applicable to the network services provided by them. The Customer further understands that Service Providers and other service providers impose fees, restrictions and other limitations which may have an impact on the Customer’s use of Mashreq Mobile and agrees to be solely responsible for such fees, restrictions and limitations. The Bank cannot be liable to the Customer or any third party for the Customer’s failure to access Mashreq Mobile as a result of a failure of the Mobile Device or to meet the specifications for Mashreq Mobile or inability of the Customer to access Mashreq Mobile through any particular network provided by a Service Provider. Any problems that the Customer may have with respect to a Mobile Device or with any Service Provider should be resolved directly and the Bank shall not be involved or engaged in any manner with respect to the same.
The Bank may also use cookies or other similar technology at the time the Customer registers with Mashreq Mobile to authenticate the Customer when they use the Service and to improve the Customer’s experience. By registering for Mashreq Mobile, the Customer accepts the use of cookies by the Bank and permits the Bank to use any information that the Customer provides and which is obtained from the cookies for the purpose of providing the Services.
It is clarified that the Services (other than Mobile-to-Mobile payments) are available for use only for the benefit of beneficiaries that are registered with the Bank. The Customer is required to register the requisite details of the beneficiaries for the different Services (other than Mobile-to-Mobile payments) through the Bank’s online banking channel.
SERVICES
Subject to the T&Cs, the full range of services that the Customer can avail of through Mashreq Mobile is as below:

• view up-to-date balances with respect to the Customer’s Mashreq Mobile linked accounts,
• view the most recent transactions with respect to the Customer’s Mashreq Mobile linked accounts, including loans/financing accounts and credit cards accounts,
• Transfer funds between the Customer’s Mashreq Mobile linked accounts. These include account to account transfers including credit card accounts but exclude loan/financing accounts,
• transfer funds to other accounts of the Customer or to other persons’ accounts with other Banks (provided that such accounts are registered as beneficiaries through the Bank’s online banking channel),
• pay bills to vendors/service providers registered with the Customer's account through the Bank’s online banking channel,
• topping up the credit balance of an international mobile number,
• Mobile-to-Mobile Payments - through which the Customer uses Mashreq Mobile to make payments to third parties with a UAE bank account (e.g. friends or service providers) using only the third party’s mobile phone number. It is hereby clarified that Mobile-to-Mobile Payments are subject to additional terms and conditions which are covered herein below. This Service is not available to Customers who hold only a credit card account with the Bank,
• Location Services – helps locate the Bank’s branches and ATMs in the UAE,
• Cardless cash Services – permits the Customer to withdraw cash from the Bank’s ATMs without the use of a card, using only Mashreq Mobile. This Service may be used by the Customer or any other permitted user. This Service is not available to Customers who hold only a credit card account with the Bank,
• such other new/ revised services that the Bank may agree to provide the Customer through Mashreq Mobile from time to time,

(Jointly the “Services”)
The range of Services may be expanded or amended in the future and any such added/amended Services will be governed by these T&Cs and such additional terms and conditions as are applicable for such Service or feature.
Mobile-to- Mobile Payments
In order to avail of this Service, the Customer, using Mashreq Mobile on their Mobile Device, issues an instruction to the Bank directing the Customer account to be debited with the specific amount and selecting the particular mobile number of the recipient stored in the Customer’s Mobile Device. The Customer completes the payment initiation process pursuant to which the transfer is affected. The recipient will get an SMS from the Bank informing the recipient that he is in receipt of a payment from the Customer. Payment to the recipient’s account is effected only if the recipient has registered with Mashreq Mobile. It is hereby clarified that the registration with Mashreq Mobile by the recipient is a one-time registration and only permits the recipient to receive payments. If the recipient is a customer of the Bank and has registered with Mashreq Mobile, the recipient’s account gets credited immediately otherwise credit to the recipient’s account would depend on the terms and conditions of the recipient’s bank. If the recipient is not registered with Mashreq Mobile, the recipient has to first register with Mashreq Mobile as the beneficiary by inserting the IBAN number of the recipient’s bank and the funds will thereafter be credited to the recipient’s account. The recipient has to register with Mashreq Mobile within 12 hours from the time the transaction has been initiated or else the transaction will be cancelled.
It is hereby clarified that:

• Mobile-to-Mobile payments is not available to Customers who hold only a credit card account with the Bank,
• Mobile-to-Mobile payments cannot be used to pay to loan/financing accounts,
• Mobile-to-Mobile payments cannot be used to transfer funds to bank accounts located outside the United Arab Emirates,
• Mobile-to-Mobile payments cannot be used to transfer funds to a mobile number registered outside the United Arab Emirates,
• The Bank will not be held liable or responsible if the recipient’s mobile number, account number or other information is not provided correctly or updated nor if the Customer selects the wrong mobile number and/or SMS delays due to network issues.
• The Customer can register several mobile numbers to a single account of the Customer. However, funds from the Customer’s account can be debited through Mashreq Mobile only using the mobile number registered with the Bank.  If the Customer wishes to change the mobile number registered with the Bank, the Customer would have to visit the Bank’s ATM machine or any branch.
• Customer can, using Mashreq Mobile, change the account number to which funds received by the Customer are to be credited. Also, the Customer can receive funds to any of the mobile numbers that are linked to Mashreq Mobile and can select the account to which the funds are to be credited.

Location Services
Certain Services such as Location Services will make use of certain location data sent from the Customer’s Mobile Device. If the Customer uses this Service, the Customer consents to the Bank and its service providers accessing, collecting, processing and transmitting the Customer’s location data in order to provide the Customer with this Service. The Customer may at any time change or turn off the settings on the Mobile Device that gathers and displays the location data during which time the Location Services will not be available to the Customer. Access to Location Services is further subject to terms and conditions of the service provider (such as Google) that provides location data services to the Customer.

LIMITATIONS
The Customer is advised to exercise extreme caution while using Mashreq Mobile and to use good judgment and discretion when obtaining or transmitting information through Mashreq Mobile. The Customer understands that the use of Mashreq Mobile is subject to several technical and other limitations including limitations from the Service Provider or any other service provider that the Bank may use in order to provide the Services. The Customer also understands that not all features of Mashreq Mobile will be available on every platform that is used to provide the Services. The Customer agrees and confirms that the Bank is not at fault for any loss of data, change in settings or other technical difficulties and interruptions that may result from the use of Mashreq Mobile. The Bank does not assume, and the Customer hereby releases the Bank from, any responsibility for the timeliness, deletion or miss-delivery of any of any user data, failure to store user data, communications or personalized settings in connections with the Customer’s use of Mashreq Mobile.
The Customer hereby agrees and confirms that neither the Bank nor any of its service providers shall be responsible for the operation, security, functionality or availability of any Mobile Device or network which the Customer may utilize to access Mashreq Mobile, nor does the Bank or its service providers guarantee that the Customer will have continuous or uninterrupted access to Mashreq Mobile. The Bank shall not be responsible for any delay, failure or error in the transmission or content of information provided through Mashreq Mobile. The Customer hereby releases the Bank, its affiliates, service providers, its and their employees, agents and representatives, from any liability for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through Mashreq Mobile, from any inaccurate information provided through Mashreq Mobile, from the Customer’s use of or reliance on any information provided through Mashreq Mobile, or from the Customer’s inability to access Mashreq Mobile.
The Customer further agrees and confirms that it will not hold the Bank liable for any losses caused by the Customer’s failure to properly use Mashreq Mobile or their Mobile Device, or for any losses resulting from lost or stolen Mobile Devices.
The Customer acknowledges and agrees that time taken to credit any requested bank accounts the other bank account will be dependent upon operational functions or the NEFT mechanisms and the associated timelines. The Bank hereby reserves its right to refuse to make any transaction that the Customer may request through Mashreq Mobile for any reason whatsoever. The Customer agrees and understands that Mashreq Mobile may not be accessible or may have limited utility over some networks. The Customer grants the Bank the right to:

• access the Customer’s Mashreq Mobile linked account to effect the various instructions issued to the Bank by the Customer,
• disclose Customer information in the Bank’s possession to any service provider or any third party, in order to provide the Service,
• record the details of various transactions carried out by the Customer. The Customer hereby agrees that the books and records (including electronic records) of the Bank shall be conclusive proof of the accuracy and genuineness of any transactions carried out by the Customer.

SECURITY
Once the Customer has registered for Mashreq Mobile, the Customer’s Mobile Device may be used to obtain information about the Customer’s accounts and other confidential information. The Mobile Device may also be used to perform transactions and make transfers between various bank accounts. Mashreq Mobile once downloaded on the Mobile Device will display sensitive information about the Customer’s accounts, including balances and transfer amounts. The Customer is responsible for keeping the Mobile Device secure and maintaining the security of the Mobile Device. The Customer is responsible for all transfers made using the Mobile Device and the Customer hereby irrevocably authorizes the Bank to accept and act upon all instructions received by the Customer through Mashreq Mobile without having to check the authenticity of the sender.
In addition to the safety and security provisions communicated to the Customer in writing or otherwise, at various times, the Customer shall, while using Mashreq Mobile, also ensure that the application is closed and the Customer has logged out after using Mashreq Mobile for any purpose. In order to prevent misuse of the Customer’s accounts through Mashreq Mobile, the Customer agrees to protect all login credentials and other security related data associated with the Mashreq Mobile linked accounts and to monitor the Customer’s accounts on a regular basis. All uses of Mashreq Mobile through the Customer’s login credentials shall be deemed to be duly used by the Customer and shall be binding upon the Customer.
In addition to protecting Customer’s login credentials and other account information, Customer should also take precautions to protect their personal identification information. This information by itself or together with other account information may allow unauthorized access to the Customer’s accounts. The Customer is responsible for protecting and securing all information and data stored in the Mobile Device.
The Customer shall promptly notify the Bank in the event it suspects that the security information related to a Mashreq Mobile linked account or to Mashreq Mobile has been breached. Failure to do so may delay in the Bank’s action to protect the Customer and any loss or damage caused as a result of such breach would be the Customer’s responsibility and may have to be borne by the Customer.
CHARGES
The Customer acknowledges and agrees the Bank’s right at its discretion to charge fees which may be amended from time to time for the Services and such fees shall be payable by the Customer (refer MAI Schedule of Charges for Mashreq Al Islami related charges).
REPRESENTATIONS AND COVENANTS
The Customer hereby represents warrants and covenants that:

• The Customer is the legal owner of the accounts and other financial information which the Customer seeks to access through Mashreq Mobile. Where the Mashreq Mobile linked account is a joint account or a business account, the Customer has obtained all necessary authorization from the other relevant stakeholders in order to register for Mashreq Mobile.

• Where the account is a minor account, Mashreq Mobile shall be used only by the legal guardian of the Customer through the mobile number registered in the name of the legal guardian. All references to Customer in the T&Cs shall, in this instance, mean the legal guardian of the minor with respect to the minor’s account.

• The Customer agrees to abide by all applicable laws, rules and regulations in relation to the account and the Services that are applicable to it and to continue complying with all such laws, rules and regulations as long as the Customer is a customer of the Bank.

• The Customer represents and agrees that all information that the Customer provides to the Bank in connection with Mashreq Mobile is accurate, current and complete, and that the Customer has the right to provide such information to the Bank for the purpose of operating Mashreq Mobile. The Customer agrees to not misrepresent their identity or account information. The Customer agrees to keep the account information up to date and accurate and notify the Bank of any change in such information.

• The Customer agrees to use content delivered to it through Mashreq Mobile only in connection with Mashreq Mobile linked accounts and in accordance with these T&Cs. Mashreq Mobile is provided by the Bank for personal use only and the Customer may not sell, copy, reproduce, distribute, or create derivative works from this content. Mashreq Mobile and its related software are owned by the Bank and its service providers. The Customer is hereby given a non-assignable, non-transferable, non-exclusive license to use Mashreq Mobile and its related software. The Customer agrees not to use Mashreq Mobile, its related software or the content or information delivered through Mashreq Mobile in any way that would (i) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Mashreq Mobile software, (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mashreq Mobile to impersonate another person or entity, (iii) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), (iv) be false, misleading or inaccurate, (v) create liability for the Bank or its affiliates or service providers, or cause the Bank to lose (in whole or in part) the services of any of its service providers or other customer, (vi) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, (vii) potentially be perceived as illegal, offensive or objectionable, (viii) interfere with or disrupt computer networks connected to Mashreq Mobile, (ix) interfere with or disrupt the use of Mashreq Mobile by any other user, (x) result in unauthorized entry or access to the computer systems or networks of others including that of the Bank; (xi) send unsolicited electronic mail messages.

• The Customer shall use Mashreq Mobile only through a secure internet connection and shall take every precaution to ensure the safety, security and integrity of their accounts and transactions when using Mashreq Mobile. The Customer agree not to leave their Mobile Device unattended when logged into Mashreq Mobile and to log off immediately at the completion of each access. The Customer agrees not to provide their password or other security information to any other person and if it does, the Bank shall not be liable for any damage resulting to the Customer. The Customer agrees to notify us immediately if they lose, or change or cancel the number of, their Mobile Device, or if their Mobile Device is stolen. If the Customer believes that someone may have unauthorized access to their accounts, the Customer agrees to cancel the Mashreq Mobile associated with the Mobile Device immediately and provide the Bank with immediate notice in the event they suspect fraud or any unauthorized access to any of their accounts.

EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION

• The Customer expressly understands and agrees that the use of Mashreq Mobile is at their sole risk and responsibility. Mashreq Mobile is provided on an "as is" and "as available" basis. Any material downloaded or otherwise obtained through the use of Mashreq Mobile is obtained at the Customer’s own discretion and risk, and the Bank is not responsible for any damage to the Customer’s Mobile Device or data or any other loss or damage that results from the download of any such material, whether due to any computer virus or otherwise. The Bank makes no representation or warranty as to the completeness, accuracy, reliability, or currency of any third party information or data that the Customer may have obtained through the use of Mashreq Mobile. No advice or information, whether oral or written, obtained by the Customer from the Bank or through or from the use of Mashreq Mobile will create any warranty or representation not expressly stated in the T&Cs.

• The Customer’s sole and exclusive remedy for any failure or non-performance of Mashreq Mobile (including any software or their materials supplied in connection with Mashreq Mobile) shall be to use commercially reasonable efforts to correct the applicable banking service.

• The Customer further agrees to indemnify, hold harmless and defend the Bank, its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, licensors and service providers from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from the Customer’s use of Mashreq Mobile, or the use of Mashreq Mobile by any other user, the Customer’s breach of these T&Cs, the Customer’s infringement, misuse or misappropriation of any intellectual property or other right of any person or entity, and/or the Customer’s commission of fraud or any other unlawful activity or conduct.

TERMINATION
The license to use Mashreq Mobile shall commence upon the Customer’s download of the applicable software on the Mobile Device. This license shall terminate, immediately, if:

• The Customer opts to cancel the Service,
• The Customer uninstalls the application,
• The Customer opts out of the Bank’s internet banking service,
• The Customer ceases to be a customer of the Bank,
• The Bank suspends or withdraws the Service, or
• The Customer fails to comply with any applicable terms and conditions (including these T&Cs) prescribed by the Bank from time to time.

Waiver
With respect to Islamic Banking relationship, nothing in this Agreement shall oblige the Bank or the Customer to pay interest or to receive any interest on any amount payable in violation of the Islamic Shariah as determined by the Bank’s Shariah Board or to do anything that is unacceptable under the Islamic Shariah as determined by the Bank’s Shariah Board

LAW AND JURISDICTION
The relation between the Bank and the Customer, the terms of use of Mashreq Mobile by the Customer including the existence, validity and interpretation of the T&Cs shall be governed by the laws of United Arab Emirates. Any dispute arising between the Customer and the Bank including the validity, existence and interpretation of the T&Cs shall be subject to the courts of United Arab Emirates.