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 waive 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 authorises 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
Egypt 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 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.
- Limitation of Liability
With the exception of gross negligence and/or wilful 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 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.
- 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 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.
|
