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Terms and Conditions

ADCB Mobile Banking

ADCB Mobile Banking is governed by the following terms and conditions in Section C. Other terms and conditions governing the Account(s) with the Bank will continue to be applicable save where such other terms and conditions are in conflict with these terms and conditions, in which event these terms and conditions will govern the Mobile Banking Services. By registering for and using the Mobile Banking Services the Account Holder acknowledges and accepts these Terms and Conditions and/or any other supplementary terms and conditions that may, from time to time be in force and/or the Bank’s General Terms and Conditions for Account Operation.

1- DEFINITIONS

Capitalised terms used herein and not defined in this Section C shall have the meaning given to such terms in the Bank’s General Terms and Conditions for Account Operation. In these Terms and Conditions the following expressions shall have the meanings herein designated unless the context otherwise requires:

“Alerts” mean customized messages relating to predetermined and linked accounts of the Account Holder in response to the Triggers sent by SMS.

“Branch” means the branch of the Bank with which the Mobile Banking Account is maintained.

“CSP” means the Cellular Service Provider with whom the Bank has an arrangement for providing the Mobile Banking Services.

“Requests” mean any request of the Account Holder for information relating to or for execution of transactions on the Mobile Banking Account and response thereto by the Bank.

“SMS” means short messaging service sent over a mobile phone, e-mail, fax or other modes of communication.

“Mobile Banking Account” means any Account for which the Mobile Banking Services are utilized.

“Mobile Banking Services” mean the Alerts and Requests and any other additional services that may be provided by the Bank to the Account Holder from time to time using SMS or the downloadable mobile application.

“Triggers” mean the customized triggers to be set or placed by the Account Holder with the Bank with respect to specific events or transactions relating to the Mobile Banking Account in order to enable the Bank to send the relevant Alerts to the Account Holder and generalized alert messages (example: birthday greetings, launch of service notices) sent by the Bank from time to time.

2- GENERAL

2.1 The Account Holder acknowledges and agrees that the Mobile Banking Services comprises of Alert services, Request services and Location services.

2.2 Under the Alert services the Bank will send the Account Holder customized alert messages with respect to events and/or transactions relating to the Account Holder’s Mobile Banking Account(s) with the Bank. The Account Holder understands that the Bank may, from time to time, send the Account Holder additional Alerts that are relevant to the Account Holder’s Account(s) or the Bank’s products.

The Account Holder consents to receipt of such Alerts. The Account Holder may request the Bank not to send the Account Holder Alerts unrelated to the Account Holder’s

2.3 Location Services are an integral part of certain features in the downloadable mobile application and through usage of these features, the Account Holder is in consent to enable and share the mobile device location information which may be used by the Bank - to be displayed on a map, be associated with messages, specific alerts, status updates, alarms and any other features which are introduced from time to time using such location specific information; such Mobile Banking Services and terms and conditions may be amended, modified, and/or cancelled at the Bank’s sole discretion without prior notice

Account(s).

2.3 Under the Request services, the Account Holder can send a request by way of a SMS to a telephone number provided by the Bank requesting information relating to the Account Holder’s Mobile Banking Account(s) or executing transactions relating to the payment of utility bills, internal and external transfer of funds to or from any Account and/or the payment of credit card bills, card activation, cheque book request, top up and/or renewal of Al Wasel and other similar programs and such other transactions that the Bank may introduce from time to time. Upon execution of the transaction, the Bank shall send an SMS to the Account Holder as confirmation.

2.4 In order to avail the Mobile Banking Services, the Account Holder must register for Mobile Banking Services at one of the Bank’s branches or through ADCB@ctive, ADCB’s Phone Banking Service, or by way of an SMS to a telephone number provided by the Bank for this purpose. The Account Holder understands that such registration for the Mobile Banking Services will be deemed to be the Account Holder’s agreement to these Terms and Conditions. The Bank reserves the right to accept or refuse the Account Holder’s registration application without providing any reason whatsoever.

2.5 The Bank shall not be liable for the failure of the Account Holder to receive an Alert or for the failure of the Bankto execute a Request if the Account Holder fails to provide updated information to the Bank. The Account Holder agrees to provide any additional information required by the Bank, from time to time, for the purpose of making the Mobile Banking Services available to him.

3- AVAILABILITY

3.1 The Mobile Banking Services are available to the Account Holder at the Account Holder’s request.

3.2 The Alerts and Requests will be sent to the Account Holder only if the Account Holder is within the coverage area of the CSPs or within the areas forming part of the roaming network of such CSPs.

3.3 The Bank may, if feasible, extend the Mobile Banking Services to other cellular service providers as will be notified by the Bank from time to time.

4- PROCESS

4.1 To receive Alerts, the Account Holder will need to provide the Bank with set Triggers either (i) over the Bank’s website through ADCB@ctive; (ii) through ADCB’s Phone Banking Service; or (iii) by written instructions.

4.2 The Account Holder is responsible for informing himself with the process for using Mobile Banking Services and the Bank is not responsible for any error by the Account Holder in setting his Triggers.

4.3 To set Triggers through the Bank’s website, the Account Holder may be required to use the ADCB@ctive and the terms and conditions relating thereto will apply. To set Triggers through ADCB’s Phone Banking Service the Account Holder will be required to use his TPIN (as defined in the Section E) and the terms and conditions of ADCB Phone Banking Service will apply to such usage. The terms and conditions relating to the ADCB@ctive and ADCB Phone Banking Service must be read in conjunction with and in addition to these Terms and Conditions. To set the Triggers by written instructions, the Account Holder must fill in the prescribed application form and sign the same and deliver it by fax/courier to the Bank in order for the Bank to set the Alerts for the Account Holder after verification of such application.

4.4 The Account Holder acknowledges that the Bank may at a later stage send Alerts and Requests via additional mediums of communication. Initially, Alerts and Requests shall be sent via e-mail and/or through SMS messages to the mobile phone of the Account Holder. The Bank may, from time to time, change the features of any Trigger or Alert or Request. The Account Holder shall be responsible for keeping himself updated as to the available Triggers or Alerts or Requests, which will be notified by the Bank over its website. The Account Holder may, from time to time, change or add to the Triggers he has selected without completing a new registration.

4.5 The Account Holder accepts that all information/ instructions/Triggers/Requests will be transmitted to and/or stored at various locations and will be accessed by personnel of the Bank (and its affiliates) within or outside the United Arab Emirates. The Account Holder hereby consents to such transfer, storage and/or access.

5- JOINT ACCOUNTS

5.1 For joint accounts the Mobile Banking Services shall be available only to the primary or first named signatory of the Customer Account.

6- SETTING TRIGGERS AND RECEIVING ALERTS AND SENDING REQUESTS AND RECEIVING INFORMATION

6.1 The Bank will neither acknowledge receipt of any Triggers set by the Account Holder nor be responsible to verify any Triggers, Requests or the Account Holder’s mobile phone number. The Bank will endeavour to give effect to Triggers and/or Requests on a best effort basis and as soon as reasonably practicable.

6.2 The Bank may, in its discretion, not give effect to any Triggers and/or Requests if the Bank is of the opinion that the Triggers and/or Requests are not genuine or otherwise improper or unclear or raise a doubt or cannot be put into effect. The Bank will in such event be under no duty to notify the Account Holder of its decision.

6.3 The Account Holder is responsible for notifying the Bank of any change in his phone number or e-mail address or Mobile Banking Account details, and the Bank shall not be liable for the Account Holder’s receipt of (or failure to receive) Alerts or Requests over the Account Holder’s mobile phone number or email address as listed in the Bank’s records.

6.4 The Account Holder acknowledges that to receive Alerts and Requests, his mobile phone must be powered on and connected to and receiving service from a CSP. If the Account Holder’s mobile phone is kept “off” for a continuous period of forty eight (48) hours from the time of delivery of an Alert or Request message by the Bank, that particular message may not be received by the Account Holder.

6.5 Triggers and Requests will be processed by the Bank upon receipt. The Account Holder acknowledges that there will be a certain time lag between the Bank processing the Triggers and Requests and sending the Alerts, information requested and confirmation of execution of a Request.

6.6 The Account Holder acknowledges that the Mobile Banking Services are dependent on the infrastructure, connectivity and services provided by the CSPs and other service providers engaged by the Bank and the Account Holder. The Account Holder accepts that timeliness, accuracy and legibility of Alerts, information and confirmation of execution of Requests sent by the Bank will depend upon the CSPs and other service providers.

The Bank shall not be liable for non-delivery or delayed delivery of Alerts, information and/or confirmation of execution of Requests or errors, losses or distortion in transmission of Alerts, information and/or confirmation of execution of the Requests to the Account Holder. The Bank shall not be liable for the Account Holder’s lack of receipt of Alerts, information and/or failure to execute Requests due to technical defects in the Account Holder’s phone or any damage or loss incurred by the Account Holder as a result of use of the Mobile Banking Services (including relying on the Alerts, information and/or confirmation of execution of the Requests) for causes which are not directly attributable to the Bank. The Bank shall not be liable in any manner to the Account Holder in connection with the use of the Mobile Banking Services.

6.7 The Account Holder accepts that each Alert, information and/or confirmation of execution of the Requests may contain account information relating to the Account Holder and/or his Account(s). The Account Holder authorizes the Bank to send such account-related information. The Account Holder acknowledges that the Alerts, information and/ or confirmation of execution of the Requests sent to him contain confidential information and the Bank shall not be liable for the consequences of the disclosure of such confidential information to a third party.

7- WITHDRAWAL OR TERMINATION

The Bank may, in its discretion and without prior notice, temporarily suspend the Mobile Banking Services or terminate it completely.

8- FEES

The Mobile Banking Services are currently made available by the Bank at no charges. The Bank reserves the right to charge the Account Holder for use of the Mobile Banking Services by the Account Holder. The Bank shall notify the Account Holder of such charges, as and when they become applicable. The Account Holder shall be liable for payment of such airtime or other charges that may be levied by the CSP in connection with sending of the Requests and/or receipt of the Alerts, information or confirmation of execution of Requests as per the terms and conditions of the CSP.

9- DISCLAIMER

9.1 The Account Holder is solely responsible for protecting his/her TPIN, downloadable application login password, activation key, re-activation key, One-time password (OTP), his/her mobile phone number and/or his/ her email address and for preventing unauthorized disclosure of the same.

9.2 The Bank shall not be liable for (a) any unauthorized use of the Account Holder’s TPIN or mobile phone or email address for any fraudulent, duplicate or erroneous instructions/Triggers/Requests; (b) acting in good faith on any instructions/Triggers/Requests received by the Bank; (c) any error, default, delay or inability of the Bank to act on all or any of the instructions/Triggers; (d) any loss of any information/instructions/Alerts/Requests in transmission; or (e) any unauthorized access by any other person to any information/instructions/Triggers/Alerts/ Requests or any breach of confidentiality. (e) The Mobile Device or any other item of the Account Holder’s equipment not being suitable or not functioning properly.

9.3 The Bank shall bear no liability and/or responsibility for with any dispute between the Account Holder and the CSP or any other third party, and the Bank makes no representation or warranty with respect to the quality of the service provided by the CSP or any third party and makes no guarantee for timely delivery or accuracy of the contents of each Alert or other information provided to the Account Holder by the Bank.

10- LIABILITY AND INDEMNITY

The Account Holder shall not interfere with or misuse in any manner whatsoever the Mobile Banking Services and in the event of any damage due to improper or fraudulent use by the Account Holder, the Account Holder shall be liable for any damages to the Bank. If the Account Holder notifies the Bank that it wishes to unsubscribe from the Mobile Banking Services, the Account Holder shall remain liable for all the Triggers, Alerts, Requests and transactions that occur prior to the Bank deactivating the Account Holder’s Mobile Banking Services.

Use of the Mobile Banking Service including any material and / or data download or otherwise obtained through the use of the Mobile Banking Service is downloaded or obtained at the Account Holder’s own risk. The Bank assumes no responsibility for the timely delivery, mistaken delivery, deletion or failure to store any user communications or personalization settings or any damage to the Account Holder’s computer system or mobile device and/or the loss of data that results from the download or the obtaining of such material and/or data.

11 - Viruses and Technical Problems

The Bank shall not be held liable for any harm and/or damage caused by the transmission through the Mobile Banking Service, of a virus, and/or other mobile code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, and/or otherwise impede in any manner the operation of the Mobile Banking Service and/or any of the Customer’s software, hardware, data or property.

12 – Equipment/Software

12.1 The Account Holder is solely responsible for ensuring that the Mobile Device and/or other equipment with which the Account Holder accesses and uses the Mobile Banking Service are suitable for such use and are functional.

12.2 Upon completion of the prescribed installation and activation procedures, the Account Holder shall be granted a limited, non-exclusive, non-transferable right to use the Software, provided the Customer agrees:
a) not to use the Software for any purpose other than to access the Account Holder’s own Account via the Mobile Banking Service on the Account Holder’s own Mobile Device;

b) not to permit or enable any person to access the Software, or leave the Mobile Device unattended in such a manner as to enable others to access the Software;

c) neither to reproduce, modify, reverse engineer, modify or decompile the Software nor permit any other person to do so;

d) not to permit any person to access and/or enable any person to download a copy of the Software.

12.3 The Account Holder acknowledges that the Mobile Banking Service and all Software are owned by the Bank or licensed to the Bank by third party providers.

12.4 The Account Holder agrees to keep the Software up to date.

12.5 The Account Holder acknowledges and agrees that the Bank is not required to support and/or guarantee compatibility with any specific Mobile Device or operating systems.

R/GTCMBSB/ADCB291112

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