Terms

Terms and conditions:

Effective June, 2019

These Terms and Conditions (‘Terms’) explain the responsibilities and obligations relating to services and information that a customer of the Bank (a "Customer") uses or requests from the "Bank" (or "Us" or "We" or "Our") through the Bank's website (the "Services").

These Terms are to be read in conjunction with the Bank's privacy policy (the "Privacy Policy") and terms and conditions of use of the Bank's website (the "Website Terms and Conditions"), which are also available for viewing on the Bank's website http://www. ahliislamic.om (the "Website").

1. Acceptance of Terms :

By registering to use the Services as also by virtue of the Customers continued usage of the Services, the Customer shall be deemed to have accepted and be bound by these Terms, as amended from time to time.

2. The Services :

2.1 The Bank will provide the Services described on the Bank's Website from time to time and The Customer agreed that the Bank has the right to vary the scope and type of the Services to be made available including, without limitation:

(a) Expanding, modifying or reducing the Services at any time;

(b) Imposing and varying any restrictions on the use of the Services;

(c) Prescribing and changing the normal service hours during which the Services are available and any daily cut-off time for any type of Services or transactions; and

(d) Reducing or re-setting transfer limits.

3. Customer Instructions :

3.1 The Bank will only accept instructions from a Customer, if such instructions have been issued and received through the Service using the appropriate username and password.

3.2 The Customer agreed that the Bank shall be entitled to rely on, and execute any instructions, which have been received through Service that are authenticated using the Customers username and password and the Bank shall be under no duty to further verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the username and password of the Customer.

3.3 Any instruction issued by the Customer to the Bank through the Service shall be irrevocable and binding once issued. Customer shall not be entitled to cancel an instruction once, unless the instruction has not been executed and such cancellation is made through a cancellation notice in writing delivered to the Bank by hand delivery, registered post or fax. Upon receipt of such notice, the Bank shall on a best efforts basis attempt to cancel the instruction, however, the Customer agrees that the Bank shall not be liable for any loss or damage sustained by the Customer, if the Bank is unable to comply with the Customer's cancellation request, for any reason whatsoever.

3.4 The Bank at its sole and absolute discretion, and without incurring any liability refuse to implement any instruction/transaction for any reason. However, in the event that the Bank refrains from acting on the Customer's instructions, the Bank will as soon as is reasonably possible, notify the Customer of its refusal.

3.5 The Customer understood that the Bank shall only process instructions during business hours on days on which the Bank is open for business.

3.6 Information displayed on the screen or printed by the Customer while using the Service or giving instructions, only represents a record of the Customer accessing the Website and shall not be construed as being a record of the instruction or transaction and the Bank's record with regard to the instruction or transaction shall be the exclusive, conclusive and legally binding record relative to such instruction or transaction.

3.7 The Customer confirmed that the Customer is aware that the Bank shall not issue any notice or printed confirmation regarding any transaction executed through the Service. However, any completed transaction shall be listed in the Customer's statement of account.

3.8 The Customer agreed that if there is any requirement to verify two or more signatures on cheques or transfers of funds, such requirement shall not apply to Customer instructions for funds transfers, including online funds transfers, using the Services and the Customer releases the Bank from liability when executing transfers or payments in accordance with the Customer's instructions.

4. Customer's Undertakings and Responsibilities:

4.1 The Customer shall provide such information as the Bank may from time to time reasonably request for the purposes of providing the Services.

4.2 The Customer shall ensure that all information provided to the Bank is at all times accurate, complete and up-to-date including, without limitation, the Customer's address and other contact details.

4.3 The Customer understood that the Bank needs to and so authorizes the Bank to process, share, store or transmit information about the Customer in accordance with the Bank's Privacy Policy

4.4 Customer shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Services or any software comprised in the Website

4.5 The Customer acknowledged his/ her/ its responsibility to ensure that the use of the Services is in accordance with prevailing laws, rules and regulations (whether pertaining to Sultanate of Oman or any other country) as applicable to the Customer. In particular, the Customer acknowledges that it is the responsibility of the Customer to ensure that the use of the services is in strict accordance with the Money Laundering Law of Oman (Royal Decree 34/2002) and the Law of Electronic Transactions (Royal Decree 69/2008).

4.6 The Customer undertakes not to use the Services to effect payment(s) for any illegal purchases i.e. purchases of items/services not permitted as per applicable laws, rules and regulations.

4.7 The Customer agreed to keep any access identification codes and passwords secret and to take all necessary precautions to prevent unauthorized use of such codes and passwords. The Customer further agrees and undertakes to change the passwords frequently and to notify the Bank immediately in the event that the Customer suspects that:

(a)the secrecy of the Customer's username and password combination has been compromised or become known to any unauthorized person; or

(b) There has been any unauthorized use of the Services by a third party using the Customer's username and password combination.

4.8 With regards to repeating transactions, the Customer shall ensure that he/ she/ it maintains sufficient funds in his/ her/ its account to complete each money transfer/ payment transaction. The customer acknowledges that the Bank has no responsibility to effect a transfer/ payment if in the specified day there are insufficient funds in the Customer's account. The Bank bears no responsibility for ensuring that the Customer has adequate funds in his/ her/ its account to enable transfers/ payments on transfer/ payment dates and the Customer shall be solely liable for any civil or criminal liability that follows a failure of a payment/ transfer transaction by reason of insufficient funds being available in the Customer's account.

4.9 The Customer acknowledged that in the event of insufficient funds to cover a transfer/payment on a repeated date, the bank shall not be liable to effect the transfer/payment on the next repeated date even if funds in the Customer's account are sufficient to cover both transfers/payments.

4.10 The Customer acknowledged that terms and conditions listed herein pertain only to the provision of this Service. All specific customer account related terms and conditions continue to apply.

5. Rights of the Bank:

5.1 The Bank reserves the right at any time to determine the minimum balance to be maintained in the Customer's account in order to entitle the Customer to access the Service. If the Customer fails to maintain the specified minimum balance in his/ her/ its account, the Bank reserves the right to suspend the Customer's access to the Service.

5.2 The Bank has a right from time to time amend these Terms and/or introduce additional terms and conditions at any time and from time to time. Any revision and/or addition to these Terms shall become effective subject to the Bank giving reasonable notice to the Customer which may be given by posting it on the Website or other means as the Bank thinks fit, and shall be binding on the Customer if the Customer continues to maintain or use the Services on or after the effective date of variation.

5.3 The Bank has a right in its absolute discretion suspend or discontinue the Service for any reason whatsoever without prior notification to the Customer.

5.4 The Bank has a right to publish on the Website notices of general nature, which are applicable to all Service customers. Such notices shall have the same legal effect as that of the special notices sent specifically to Customer.

6. Disclaimer of Liability :

6.1 The Customer agreed that neither the Bank nor its affiliates or its or their employees shall be liable for any loss either direct, indirect, actual or consequential, which may be sustained by the Customer in respect of, or in connection with the Website or the Service, including but not limited to:

(a) Any malfunction, errors, omission, delay, break-down, interruption in, improper operation of, inaccuracies in the operation of the Service; and/or

(b) The non-availability of the internet or the Website; and/or

(c) Any loss, damage or destruction caused to the Customer's hardware, software or other data processing system as a result of using the Service; and/or

(d) The Customer's use of e-mail or any other insecure means of communication in dispatching instructions to the Bank; and/or

(e) Any breach of confidentiality resulting directly or indirectly from the Customer's use of the Service or the Website; and/or

(f) Any interruption or delay caused by any update or replacement performed on the Website; and/or

(g) Any inaccurate or erroneous information provided by Customer; and/or

(h) Any matter arising from causes beyond the Bank's control.

6.2 The Customer accepts all risks of misunderstanding and errors and the risk of instructions being given fraudulently and/or by any unauthorized parties and agrees that the Bank shall not be responsible for any loss, liability or expense that may result from such fraud, misunderstandings, error and/or unauthorized instructions. and the Bank shall be entitled to treat any person that utilizes the Services using the Customer's username and password as the Customer and the Bank shall be under no duty to verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the identification code and password of the Customer.

7. Indemnity :

The Customer agreed and undertook to indemnify the Bank, the Bank's affiliates and their respective officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Services, or the exercise or preservation of the Bank's powers and rights under these Terms.

8. Termination :

8.1 The Bank has a right , at any time by giving notice or reason, suspend or terminate all or any of the Services or their use by the Customer.

8.2 The Customer has a right to terminate the use of the Services at any time by giving to the Bank 15 days’ prior written notice of the Customer's decision to terminate use of the Services. Such notice must be delivered to the Bank's offices in Sultanate of Oman by hand delivery or registered post or by fax.

8.3 All provisions of these Terms which in order to give effect to their meaning need to survive the suspension or termination of the Services and/or the use of the Services by the Customer shall remain in full force and effect after suspension or termination.

9. Severability :

Each of the provisions of these Terms is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.

10. Waiver :

No act, delay or omission by the Bank shall affect its rights, powers and remedies under these Terms or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms are cumulative and not exclusive of the rights and remedies provided by law.

11. Force Majeure :

The Bank shall not be liable for delay in performing or failure to perform any of its obligations under these Terms, which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving the Bank's employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of these Terms and Conditions and the time for performance of the affected obligation will be extended by a period which is reasonable in the circumstances.

12. Governing Law and Language :

12.1 These terms and conditions shall be governed by the laws of the Sultanate of Oman and the Omani courts are competent to consider any dispute arise between the parties.

12.2 These terms and conditions are issued in Arabic and English languages. In case of any contradiction or discrepancy the Arabic text shall prevail.