Page Title: Firstly: Definitions

In this section, the following words and phrases have the meaning set opposite them unless the context indicates otherwise:

 

• " KFH (formerly AUB) Internet Banking Services" means the online internet banking services made available by Kuwait Finance House (formerly Ahli United Bank) to the Client from time to time through the Kuwait Finance House’s (formerly Ahli United Bank) online banking platform.
• "KFH (formerly AUB) or the Bank" means Kuwait Finance House (formerly Ahli United Bank).
• "Cellular Service or CSP" refers to the GSM/ CDMA / GPRS / EDGE Service provider (for operation of Mobile Phones) / any Aggregator or new cellular technology.
• "Client or User" refers to a client/ client of Kuwait Finance House (formerly Ahli United Bank) authorized to use the Mobile Banking Services provided by the Kuwait Finance House (formerly Ahli United Bank).
• "Mobile Banking Application" means the Mobile Phone application software through which the Client can conduct Mobile Banking subject to these Terms and Conditions.
• "Mobile Banking and Mobile Banking's Services" means facility of access to information relating to the Saving / Current Account(s) / Fixed Deposit of the Client and usage of products and/or other services as may be advised or made available on the Client's Mobile Phone by the Kuwait Finance House (formerly Ahli United Bank) from time to time on / through Mobile Banking. The words Mobile Banking and Mobile Banking Services are used interchangeably in this document.
• "Mobile Phone" means the handset or tablet together with requisite accessories, equipment attachments and Mobile Banking Application software
• "Personal Information" refers to the information about the User obtained in connection with the Mobile Banking Service.
• "SMS" means short messaging service.

 

Secondly: Applicability of Terms & Conditions

These Terms and Conditions form the contract between the User and the Kuwait Finance House (formerly Ahli United Bank) and shall be in addition to and not in derogation of the General Terms and Conditions relating to and/ or governing any account of the User and / or the respective product or the service provided by the Kuwait Finance House (formerly Ahli United Bank) (as applicable).

 

Thirdly: Eligibility

Any Client of the Kuwait Finance House (formerly Ahli United Bank), having a saving and/ or current and/ or fixed deposit account authorized to operate singly or on an either-or survivor basis and who is also a current subscriber of the KFH (formerly AUB) Internet Banking Services. The User should have access to a Mobile Phone and knowledge of how the Mobile Phone works. The User should at all times possess the Mobile Banking Application/ Software, which are required for using Mobile Banking. In the case of accounts belonging to minors, only the natural guardian of the Minor shall be eligible to avail of this service.

 

Fourthly: Registration

The User shall be entitled to use the Mobile Banking Service only if he/she is a registered user of KFH (formerly AUB) Internet Banking services.

• The Kuwait Finance House (formerly Ahli United Bank) shall endeavor to provide to the User through Mobile Banking, such services as the Kuwait Finance House (formerly Ahli United Bank) may decide from time to time. The Kuwait Finance House (formerly Ahli United Bank) reserves the right to decide the type of services, which category of User may be offered on each account and these may differ from one to another.
• The Kuwait Finance House (formerly Ahli United Bank) may also make additions /deletions to the services offered through Mobile Banking at its sole discretion and notify the User in the manner it deems appropriate.
• Only those accounts opened with Kuwait Finance House (formerly Ahli United Bank) and attached to the respective User's ID will be accessible through Mobile Banking.
• There will be no obligation on Kuwait Finance House (formerly Ahli United Bank) to support all versions of Mobile Phone software for the purpose of Mobile Banking Services.

 

Fifthly:

The Client shall only use KFH (formerly AUB) Mobile Banking Application downloaded from Application store on the Mobile Phone to access the Mobile Banking Services of Kuwait Finance House (formerly Ahli United Bank). The access is restricted to the Client on the specific user ID registered with the Kuwait Finance House (formerly Ahli United Bank) for KFH (formerly AUB) Internet Banking/ Mobile Banking. The Client must not let any other unauthorized person have access to his/her Mobile Phone or leave the Mobile Phone unattended. Client shall not attempt or permit others to attempt accessing the account information stored in the computers of Kuwait Finance House (formerly Ahli United Bank) through any unauthorized means.

 

Sixthly:

Client grants express authority to Kuwait Finance House (formerly Ahli United Bank) for carrying out the transactions performed through Mobile Banking. Kuwait Finance House (formerly Ahli United Bank) shall have no obligation to verify the authenticity of any transaction received through Mobile Banking or purporting to have been sent by the Client via Mobile Banking other than by means of verification of the password and One Time passwords/ verification codes sent to registered email and phone numbers with Kuwait Finance House (formerly Ahli United Bank).

The display that is produced by the Client at the time of operation of Mobile Banking is a record of the operation of the mobile access and shall not be construed as Kuwait Finance House’s (formerly Ahli United Bank) records of the relative transactions. Kuwait Finance House’s (formerly Ahli United Bank) own records of transactions maintained through computer systems, Kuwait Finance House’s (formerly Ahli United Bank) books or otherwise shall be accepted as conclusive and binding for all purposes unless the Client points out any discrepancy within fifteen (15) days from the date of receipt of the relevant periodical statement.

All transactions arising from the use of Mobile Banking, in a joint account, shall be binding on all the joint account holders, jointly and severally.

 

Seventhly:

The Client shall be solely responsible for the correctness and completeness of information supplied by the Client or purported to have been supplied by the Client to Kuwait Finance House (formerly Ahli United Bank) through any means such as electronic mail or written communication etc.

Kuwait Finance House (formerly Ahli United Bank) shall not accept any liability for the consequences arising out of erroneous, incomplete and/ or outdated information supplied by the Client. If the Client suspects that there is an error in the information supplied to Kuwait Finance House (formerly Ahli United Bank), the Client undertakes to advise Kuwait Finance House (formerly Ahli United Bank) in writing as soon as possible.

Kuwait Finance House (formerly Ahli United Bank) will endeavor to correct the error promptly and advise the Client accordingly. All outputs of statements are duplicate statements of account and will be prepared by electronic means and the information contained therein will be extracted from a computerized back up system maintained by Kuwait Finance House (formerly Ahli United Bank).

While Kuwait Finance House (formerly Ahli United Bank) will take all reasonable steps to ensure the accuracy of the statement, Kuwait Finance House (formerly Ahli United Bank) is not liable for any error, which may happen due to reasons beyond its control such as data getting corrupted in transmission.

 

Liability of the User

The Client acknowledges and agrees that the access to Mobile Banking through the Mobile Phone and any transaction, which originates from the same, whether initiated by the Client or not shall be deemed to have originated from the Client.

The Client shall be solely liable for all losses, damages, claims, fees, costs and expenses incurred by Kuwait Finance House (formerly Ahli United Bank) and arising from unauthorized transactions in the Client's accounts or arising from a breach by the Client of these Terms and Conditions or contributed or caused by the negligent actions of the Client such as not advising Kuwait Finance House (formerly Ahli United Bank) in a reasonable time about unauthorized access to or erroneous transactions in the Client's Mobile Banking accounts.

The Client acknowledges and agrees that in the event of loss of the Mobile Phone or loss of passwords or either of them falling in the wrong hands, it can be misused. The Client acknowledges, agrees and undertakes to indemnify and hold Kuwait Finance House (formerly Ahli United Bank) harmless from any such misuse arising out of the same. The Client shall not hold Kuwait Finance House (formerly Ahli United Bank) responsible for any loss that the Client may suffer in these circumstances.

 

Ninthly: Liability of the Kuwait Finance House (formerly Ahli United Bank)

Kuwait Finance House (formerly Ahli United Bank) shall, in no circumstances, be held liable in circumstances where access is not available in the desired manner for reasons including natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, non-delivery of SMS, software or hardware error or any other reason beyond the control of Kuwait Finance House (formerly Ahli United Bank).
Under no circumstances shall Kuwait Finance House (formerly Ahli United Bank) be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the User or any other person. Kuwait Finance House (formerly Ahli United Bank) is in no way responsible/ liable for the charges levied by the relevant CSP in relation to Mobile Banking access and transactions.

 

Tenthly: Indemnity

The Client acknowledges, agrees and undertakes to indemnify and hold t Kuwait Finance House (formerly Ahli United Bank) harmless against any loss suffered by Kuwait Finance House (formerly Ahli United Bank), its clients or a third party or any claim or action brought by a third party which is in any way the result of the Mobile Banking transactions done by the Client. The client acknowledges that the Mobile Banking Service uses the network provided by the relevant CSP. Kuwait Finance House (formerly Ahli United Bank) shall not be responsible for any loss or damage incurred by the Client due to failure in this network.

 

Eleventh: Disclosure of Personal Information

The Client acknowledges and agrees that Kuwait Finance House (formerly Ahli United Bank) or its contractors, agents, subsidiaries and/or affiliates may share, hold and process my Personal Information in digital form or otherwise in connection with Mobile Banking Services as well as for statistical analysis and credit scoring. Kuwait Finance House (formerly Ahli United Bank) has the right to disclose this information to its service providers for the development and update of this Mobile Banking service. Kuwait Finance House (formerly Ahli United Bank) may also be required to disclose such information to Government, Judicial and/ or regulatory bodies to whom Kuwait Finance House (formerly Ahli United Bank) is under an obligation to make disclosures under the requirements of any applicable law binding on Kuwait Finance House (formerly Ahli United Bank) or any of its branches, when the situation so demands.

 

Twelfth: Termination of Mobile Banking Service

The Client can request for termination of the Mobile Banking Services at any time by giving a written notice of at least fifteen (15) days to Kuwait Finance House (formerly Ahli United Bank). The Client acknowledges and agrees that he/she will remain responsible for any transactions made on my Mobile Banking account(s) through Mobile Banking Application until the final termination of my Mobile Banking Service by Kuwait Finance House (formerly Ahli United Bank).

Kuwait Finance House (formerly Ahli United Bank) may withdraw/ suspend/ terminate the Mobile Banking Services at any time and shall endeavor to give a 30 days' notice to the Client. The closure of all of the Client's accounts or termination of the Client's KFH (formerly AUB) Internet Banking will automatically terminate the Mobile Banking Service. Similarly, Kuwait Finance House (formerly Ahli United Bank) may suspend or terminate Mobile Banking Services without prior notice if the Client has breached these Terms and Conditions or if Kuwait Finance House (formerly Ahli United Bank) notices some errors / omissions / fraudulent transactions related to my account or Client ID.

 

Thirteenth: General Account Terms & Conditions

The use of the KFH (formerly AUB) Internet Banking Services, Mobile Banking and Mobile Banking Application service and the provision thereof by Kuwait Finance House (formerly Ahli United Bank) is governed by and subject to these Terms and Conditions and Kuwait Finance House’s (formerly Ahli United Bank) general Terms and Conditions governing accounts generally. In the event of any conflict between these Terms and Conditions and Kuwait Finance House’s (formerly Ahli United Bank) general Terms and Conditions, then the general Terms and Conditions shall prevail.

 

Fourteenth: Notices

Kuwait Finance House (formerly Ahli United Bank) may give notices under these Terms and Conditions, electronically to the Client's mailbox (which will be regarded as being in writing), or in writing by hand-delivery, or by sending them by post to the last address given by the Client and in the case of Kuwait Finance House (formerly Ahli United Bank) to its registered office. In addition, Kuwait Finance House (formerly Ahli United Bank) may also publish notices of general nature, which are applicable to all Users of Mobile Banking on its website. Such notices will have the same effect as a notice served individually to the Client.

 

Fifteenth: Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Kuwait without prejudice for Islamic Sharia principals and the User hereby submits to the non-exclusive jurisdiction of the Courts of the State of Kuwait in connection herewith.

 

Sixteenth: Enhanced Security Guidelines

• Password protection shall be enabled on the mobile devices.
• Enable auto-lock and choose the strongest password supported as by the mobile device.
• Make sure that the operating system, application updates and patches are installed on the devices.
• Wipe the data from mobile device before disposing it.
• Enable remote wipe feature on the mobile devices and wipe all the data remotely in case the device is stolen or misplaced.