I/We ("the Subscriber") hereby authorize and request Mashreq Bank psc,("the Bank") for the provision of MashreqOnline internet banking service (" the Service") and the issuance and delivery of the password. The Bank has accepted and agreed to grant the Subscriber access to the Service and both parties have proposed to document herein their respective rights and responsibilities in respect of access to, use of and provision of the Service.
The Bank may from time to time vary these terms and conditions by posting the same in the Bank's Internet Home Page and the customer gives prior approval to such variation(s) and waives any right of contestation in respect thereof and fully agree to be bound by the same.
Terms and Conditions
- 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 MashreqBank psc 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 MashreqBank (psc);
"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 MashreqBank (psc) 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.
- 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.
- 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.
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 Bahrain 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.
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.
- 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.
- 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.
- 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 anyone 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 authorized 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.
- Limitation of Liability
With the exception of gross negligence and/or willful misconduct committed by the Bank, 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.
- 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 Service.
- 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.
- 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.
- 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.
- 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.
- Events Beyond Bank's Control
The Bank shall not be liable for any delay or failure of MashreqOnline 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.
- 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.
- 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.
- 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 State of Bahrain;
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.
- 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.
- 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.
- 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 Bahrain provided that the Bank may, if it deems appropriate, bring proceedings in any other jurisdiction, inside or outside the Bahrain.
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
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