SMS Banking Terms and Conditions
I/We hereby authorize and request Emirates Islamic Bank PJSC, United Arab Emirates ("the Bank") for providing EIBMOBILE - SMS-based mobile banking service, upon terms and conditions for Subscription and Use set out below. The Bank may at any time vary these terms and conditions by posting the same in the Bank's Internet website and I/we hereby give my/our prior approval to such variations) and waive any right of contestation in respect thereof and fully agree to be bound by the same. I/We understand that this agreement supersedes all previous agreements, if any, between the parties hereto.
2. Terms and Conditions:
In this Agreement the following terms and expression shall have the meaning assigned to them respectively:-
The "Bank" means Emirates Islamic Bank BJSC The "Subscriber" means the customer (individuals or corporate entity) to whom the service has been provided
The "Equipment" means Mobile Phone(s) (GSM) or any equipment or device(s) approved by the Bank to provide the Subscriber's with this Service,
The "Service" means EIBMOBILE - mobile banking services which is a product of Emirates Islamic Bank PJSC, Dubai, United Arab Emirates that provides the subscriber to view his/her account/ credit card related information as well as our Bank rates through GSM Phones.
The Subscriber acknowledges, confirms and understands the following:
- It is a condition precedent for the use of EIBMOBILE service that the Subscriber maintains an account with the Bank in the United Arab Emirates. In the event where the account relationship is terminated for any reason or in the event of any breach of the terms and conditions herein contained or surrendering of mobile phone connection or disconnection of mobile phone, the bank shall be entitled forthwith to cancel the service. Subscriber may be re-instated at the Bank's sole discretion and the Bank reserves the right to impose a reasonable reinstatement charge.
- The Bank reserves the right to refuse an application and may, at its sole discretion, withdraw at any time all rights and privileges pertaining to the service.
- Where the subscriber, before accessing any new facilities, is required to confirm his concurrence for the associated terms and conditions, subscriber understands that such concurrence communicated via any media including but not limited to digital, or electronic media will be sufficient and will be binding on the subscriber for all intents and purposes.
- Notwithstanding the above, the Subscriber undertakes to execute any additional documents that may be required by the Bank prior to provision of any modified or additional facilities under the service to the subscriber. To subscribe additional mobile phone(s) to an existing account may require additional documentation. Where a subscriber fails to comply with the above requirement, he shall not be eligible for such enhanced or modified service and the Bank will be entitled to withdraw the service provided earlier also.
B. Mode of Operation:
- Where the service is made available linked to an account(s) in two or more names with the Bank, it is acknowledged that, irrespective of whether the mode of operation of such account(s) is joint or single, the service will be provided to one subscriber acting alone. The Bank also reserves the right to hold both/ all joint users liable for any damages arising therein.
- Where the frequency falls on a holiday, the data transmission shall be on the following working day.
- The Bank will transmit the EIBMOBILE alerts data on time to the Service provider but the delivery of the data to the Subscriber's equipment depends on the Service Provider locally and abroad which the Bank is not responsible for.
- The Bank will transmit the data on time to the Service provider upon the receipt of any pull requests, but the delivery of the pull request to the Bank's systems and the subsequent delivery of the data to the Subscriber's equipment depends on the Service Provider locally and abroad which the Bank is not responsible for.
- The service is provided entirely at the risk of the Subscriber who shall indemnify the Bank for all loss or damage, howsoever caused, resulting from the use of the service.
- The Bank will not be responsible for any loss or damage arising directly or indirectly from any malfunction or failure of the service.
- The Subscriber acknowledges that the Bank is not liable to the Subscriber for failure to provide any or all of the facilities available under EIBMOBILE service attributable, either wholly or partly, to reasons beyond the bank's control, including without limitations any technical malfunction/breakdown.
- The Subscriber acknowledges that where the original communication was unsuccessful due to whatsoever reason, the Bank is not liable to retransmit any data till the next due date as per contracted frequency.
- In case of loss/theft of the subscriber's equipment, the subscriber undertakes to notify the bank in writing immediately of such instance to protect the interest of all parties. The Subscriber shall indemnify the Bank for all loss or damage on account of subscriber's failure to notify the bank of the loss of instrument.
- In case of change/disconnection of subscriber's mobile phone number(s) or equipment, the subscriber undertakes to notify the bank in writing immediately of such instance to protect the interest of all parties. The Subscriber shall indemnify the Bank for all loss or damage on account of subscriber's failure to notify the bank of the change/disconnection of Subscriber's mobile phone number(s).
- Incase of Subscriber's equipment lying unattended, the Subscriber undertakes to lock it prior to leaving it unattended. In the event of not locking it, the Bank is not liable for any breach of confidentiality of any data/information sent to the subscriber's equipment.
The Subscriber acknowledges that he/she is solely responsible for protecting his/her mobile phone/devise.
- The Subscriber acknowledges that the Bank does not guarantee and is not liable for the security or confidentiality of any data transmitted to the Subscriber or across the network.
- The Bank will send the latest available data to Subscriber's equipment as an alert or as a pull request. The Subscriber acknowledges that this may not necessarily be the actual latest transaction data due to the possibility of all the bank's systems not being updated instantly. The Bank will not be liable to any loss or damage arising out of this.
- The Subscriber acknowledges that he/she is liable for any losses or damage resulting in the following:
- Subscribers themselves or other people with Subscribers' permission who acted fraudulently
- Attempt or obtain access to or destroy critical information (i.e., of other Subscribers)
- Cause damage to the service or use the service to cause damage to others say, introduction of virus
- Any virus or other harmful components that may occur while using the service
- Subscribers negligence
- Errors or omissions in the information transmitted
- Delay or failure in transmission
- Subscribers breached of any of the Terms and Conditions
D. Charges and fees:
- The Bank shall debit the subscribers account with fees & charges for any instructions through the service. Such charges shall be as per the Bank's Schedule of Charges for the various services. The Bank also reserves the right to make any changes to the fees and charges for the service or to the service Terms and Conditions at any time.
- The subscriber authorizes the bank to debit the subscriber's account with applicable fees and charges for the service in advance for the month on the first working day of the month as determined by the bank at its own discretion.
- In case the subscriber does not pay the applicable fees and charges for two consecutive months, the Bank will be entitled to cancel the service without referring to the subscriber.
- The subscriber authorizes the bank to debit the account by AED 50/- every time a request is made in writing for details of the message that were sent to the subscriber mobile phone at any given period, subject to that each period should not exceed 2 (two) calendar months.
- All charges, commissions and fees are exclusive of Value Added Tax or any other similar sales tax (VAT). The Customer hereby agrees to pay an amount in respect of any applicable VAT.
- The Subscriber acknowledges that the EIBMOBILE Service is the property of Emirates Islamic Bank PJSC, Dubai, United Arab Emirates which has the copyright interest in all software and documentation of the service and subsequent amendments including user guidelines in any form.
- The Subscriber agrees to treat the access rights, documentation or any other information related to the service, strictly private and confidential at all times and shall not copy/reproduce the above in any form either in whole or in part or allow access to any other party without the Bank's prior consent in writing.
F. Account Services:
- The Subscriber agrees that the Bank has the right to withdraw any or all of the facilities under the service, without assigning any reason, after serving a notice to the Subscriber by ordinary post or via message to the subscriber's equipment.
The terms and conditions contained herein shall be governed and interpreted in accordance with the laws of the United Arab Emirates as applied in the Emirate in which is situated the branch at which the Subscriber's relevant account is held. In the event of a dispute arising in relation to the use of the service, the courts of such Emirate shall have jurisdiction, provided that the Bank may, if it deems appropriate, bring proceedings in any other jurisdiction, inside or outside the United Arab Emirates.
The Subscriber confirms having read, understood and accepted the above terms and conditions in acknowledgement of which he/she has signed this application.