Terms and Conditions for Electronic Account Statement Services relating to Emirates Islamic Bank's Customer Accounts (Terms and Conditions).
The Customer (as defined below) intends to use Emirates Islamic Bank's (Bank) electronic account statement service (Service) and the Bank is willing to make the Service available to the Customer in accordance with and subject to these Terms and Conditions. The Terms and Conditions are supplemental to any other terms and conditions that may apply between the Customer and the Bank including, without limitation, the Bank's general terms and conditions for banking services (General Terms and Conditions) and the Bank's online banking services terms and conditions. In the event of any conflict between the provisions of the General Terms and Conditions, the Bank's online banking services terms and conditions, and the Terms and Conditions, the provisions of the Terms and Conditions shall prevail.
1.Definitions and Interpretation
- "Account" means any account held with the Bank in the name of the Customer.
- "Bank" means Emirates Islamic Bank PJSC, P.O Box 6564, Dubai, United Arab Emirates, its successors and assigns.
- "Business Day" means a day other than Friday or any official public holiday in UAE and/or Dubai.
- "Customer" means the customer named in the E-Statement .
- "E-Statement" means an electronic copy of the Customer's account statement, sent by the Bank to the Customer's email address provided by the Customer to the Bank for the purpose of receiving communication from the Bank.
- "Service" means the Bank's service of providing Electronic Statements to the Customer.
Under the Terms and Conditions, the following expressions shall have the following meanings:
- (gender) words importing any gender will include all genders;
- (headings) the headings to the clauses and sub-clauses herein will not be taken into consideration in the interpretation of these Terms and Conditions;
- (including) including and includes are not words of limitation;
- (references) a reference to the background, a party, clause, paragraph, is a reference to the background, a party, clause, paragraph, to or of these Terms and Conditions;
- (singular) words importing the singular number will include the plural and vis versa;
- (time and date) a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in Dubai, United Arab Emirates even if the obligation is to be performed elsewhere; and
- (writing) a reference to a notice, consent, request, approval or other communication under these Terms and Conditions or an agreement between the parties means a written notice, request, consent, approval or agreement.
|2.1||Subject to Clause 2.3, the Customer agrees and understands that upon the Bank's activation of the Service, the Customer's account statements shall be sent to the Customer only in electronic form and that the Customer will no longer receive paper account statements.|
|2.2||The Bank will send the Customer an E-statement to the email address that the Bank has on file. The Customer is responsible for printing or downloading copies of their E-statement for their permanent records. The Customer agrees to notify the Bank with regard to any discrepancy, omission, inaccuracy or wrong entry in the E-Statement within fifteen (15) days from the delivery date of the E-Statement. After the expiration of said fifteen (15) days the Customer shall be deemed to have received and accepted as true and correct all information contained in the E-Statement.|
|2.3||The Customer shall maintain a valid email address and ensure their email account contains sufficient mail quota at all times to accept delivery of the E-statements. The Customer agrees to immediately notify the Bank of any change to their email address or if they are unable to access the E-Statement. If the email containing the E-Statement is returned to Bank as undeliverable, the Bank shall withhold delivery of any further E-Statements until such time the Customer provides the Bank with a valid email address.|
|2.4||The Bank shall be deemed to have delivered the E-Statement to the Customer upon receipt by the Customer of the e-mail from the Bank containing such E-Statement.|
|2.5||The Customer acknowledges that the Bank currently provides the Service free of charge and that the Bank reserves the right at its sole discretion to charge a fee for the Service at any time after the provision of the Service with prior notice to the Customer.|
|2.6||The Bank will retain a copy of the Customer's E- Statement for a period of twelve (12) months from the data of subscription of E-Statements.|
|2.7||In case of discrepancy between the Arabic and English texts with regard to the interpretation of the the Terms and Conditions or the scope of its application, the Arabic text shall prevail.|
|2.8||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.|
3. Disclaimer of warranty and limitation of liability
|3.1||The Bank makes no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Service. The Bank makes no warranty that the Service will operate without error or will be available at all times. Except as specifically provided in the Terms and Conditions, or otherwise required by law, the Customer agrees that the Bank is not liable for any damages or indirect, incidental, special or consequential damages as a result of the Customer use of the Service, including loss of profits, revenue, data or use by the Customer or any third party. The Bank will not be liable for delay or non-delivery of E-Statements and or delivery of E-Statements in complete form as a direct or indirect result of the suppression, disruption, blocking or filtering of the email containing the E-Statement by the Customer's internet service provider, email system or any other party.|
|3.2||The Customer understands and agrees that the storage of information, including without limitation, the password, the Bank Card information, the bank account information, transaction activity, the Bank Card balances, the bank account balances and any other information stored on the Customer's personal computer shall be stored at the Customer's risk and liability and the Bank shall not be responsible for any unauthorized access by or disclosure of such information to third parties.|
|3.3||The Customer acknowledges the risk that data received/delivered through the internet/e-mail including any confidential information may be accessed/seen by third parties. The Customer releases and discharges the Bank, its employees, officers, representatives from and waives any right that accrues to the Customer at law against the Bank, its employees, officers, representatives with regard to damages suffered by the Customer, directly or indirectly, due to such unauthorized access by or disclosure of confidential information to third parties.|
The Customer agrees that the Bank may in its sole discretion restrict or terminate the Customer use of the Service.
For avoidance of doubt, the Bank may terminate the Service at any time and for any reason without advance notice to the Customer. Termination of the Service will result in the Bank mailing paper account statements to the Customer's address that the Bank has on file, and the Bank reserves the right to charge for such statements.
The Customer hereby agrees that the Bank may, from time to time, advertise its own products or services through the Service. If, in relation to other agreements between Customer and the Bank, the Customer has requested the Bank not to send any marketing material (or if the Customer does so in the future), the Customer agrees that this restriction will not apply to these electronic advertisements and consent to receiving them while using the Service.
On the Bank's part, all reasonably practicable steps will be taken to ensure that the E-Statements are secure, including the installation of security features designed to keep all communication private and confidential. Further, the Bank is not liable for the consequences of any virus or other destructive features which may adversely affect the Customer's hardware, software or equipment. The Customer is responsible for acquiring and maintaining any equipment required for their continued access to and use of the Service (such as their telephone or computer), and for their own computer's anti-virus and security measures.
The Customer releases and discharges the Bank, its employees, officers representatives from and waives any right that accrues to the Customer at law against the Bank, its employees, officers, representatives with regard to damages suffered by the Customer, directly or indirectly, as a result of errors, delays in transmission of the E-Statement or unauthorized alteration, usage, or manipulation of the data contained in the E-Statement or otherwise caused as a result of delivery of E-Statement and/or in connection with the Service.
8. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the Federal laws of the United Arab Emirates to the extent that they do not conflict with the rules and principles of Shari'a. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Dubai to hear and determine any suit, action or proceeding and to settle any disputes which may arise out of or in connection with the Service.