Terms And Conditions
Governing the UAE Instant Payment Platform Services of the Central Bank of UAE
These terms and conditions
("Terms") apply to and regulate the registration and usage of UAE
Instant Payment Platform, introduced by Central Bank of UAE ("UAECB")
known as 'Aani'
("Platform") and
the Services offered on the Platform, which is made available by Arab Bank for
Investment and Foreign Trade (“Rafidain"/ the "Bank”) to its
customers.
The Customers accessing the
Platform and availing of the Services shall be subject to these Terms
(including any amendments thereto and other terms and conditions, guidelines,
circulars and/or regulations issued by the UAECB as may be amended from time to
time, in relation to the access and usage of the Platform
("Guidelines").
The Customer hereby
acknowledges, understands, that these Terms are in addition to the terms and
conditions/contracts which the Customer has agreed to or has executed with the
Bank separately in relation to with the Bank separately in relation to any other
product or service offered by the Bank,
General Terms and Conditions
of Accounts and Banking Services available at www.almasraf.ae
In relation to the
Customer's usage of the Services on the Platform, these Terms shall be read
together with the General T&Cs of Accounts and Banking Services. In case of
any inconsistency between these Terms and the General T&Cs of Accounts and Banking
Services, the provisions of these Terms shall prevail to the extent the same
directly relates to the Platform and its Services.
A.
Definitions:
1.
"Account" shall
mean a legitimate and active bank account maintained by the Customer with the
Bank which the Customer provides at the time of registration process on the
Platform, for availing the Services.
2.
"AED" shall
be UAE Dirham
3.
"Customers” shall
mean the individual and corporate customers of the Bank who hold an Account
with the Bank, in compliance with all applicable CBUAE notices, circulars,
guidelines, etc., as the case may be time to time.
4.
"Mobile Phone
Number" shall mean the mobile number of the Customer which is registered
with the Bank for the Account.
5.
"Participant(s)"
shall mean any bank or such other entity, which is authorized by UAECB to
provide access to the Platform to its Customers from time to time, as per the
Guidelines of UAECB from time to time.
6.
"Services" shall
mean the services made available on the Platform to the Customers, including,
but not limited to, 24X7 instant, interbank electronic fund transfer or fund
collection service between the banks participating in this UAE Instant Payment
Platform facility offered by UAECB and such other offered by UAECB and such
other services as may be introduced by UAECB on the Platform from time to time.
B.
Eligibility
This
facility shall be available to the Customers who hold an Account with the Bank
and hold an active UAE Mobile Phone Number registered with the Bank in relation
to the Account, in compliance with all applicable rules. Services cannot be
availed of by a Customer if the Account is closed, invalid or frozen or dormant
or attached by court order or similar regulatory order. The Customer's
access/usage of the Platform shall be subject to successful completion of the
verification of the Customer's Account by the Bank as per the applicable laws,
stipulated by UAECB from time to time.
Customers
who are interested in accessing the Platform and availing of the Services would
be required to register for the same on any of the digital platforms (mobile
application or internet banking platform) of the Bank by providing their
consent to these Terms. The Customers shall also be required to download and
install the Aani application on their Mobile Phone and complete a one-time
Account activation process as per the steps stipulated by UAECB on the
Platform.
The
Customer should have his/her Mobile Phone Number and Email ID registered with
the Bank for the Account and the same Mobile Phone Number and Email ID shall be
registered on the Platform for availing of the Services.
Terms of Use:
1.
Customers can enroll
on the Platform using an active UAE Mobile Phone Number, which is registered
with the Bank for the Account and:
a. In
case of individual customers, the Customer's valid Emirates ID or Passport and
any other details mandated by CBUAE from time to time;
b. In
case of non-individual customers, the Customer's valid trade license number and
any other details mandated by CBUAE from time to time.
2.
The Customer
acknowledges and accepts that any other condition that is a pre-requisite to
access and avail of the Services, including, but not limited to a Mobile Phone,
internet connection, etc., will be the sole responsibility of the Customer.
3.
The Customer can link
more than one bank account on the Platform through a one-time registration
process defined and standardized by UAECB and then start transacting through
that account. In case the Customer has more than one bank accounts linked on
the Platform, the first enrolled account will be the initial default account of
the Customer for all transactions executed on the Platform. The Customer may
change the default account any time through the platform.
4.
The Customer agrees
that, the Customer is not entitled to consolidate funds available in his
different Accounts maintained with the Bank or with other Participant banks for
making payments using Platform. Therefore, at one given point of time the
Customer is entitled to execute payment transactions using the funds available
in one particular bank account which the Customer has chosen for making the
transaction using the said Platform.
5.
The Platform enables
the Customer to send or receive funds between accounts with Participants, on a
real time basis, using registered Mobile Phone Numbers or Email IDs of the
Customer. Information relating to the status of such transactions executed using
the Platform shall also be intimated to the Client through messages and/or
email communications.
6.
After successful
registration/enrolment of the Account on the Platform, the Customer has to only
authorize each transaction to be executed on the Platform by authentication
using biometric authentication (such as Face ID or fingerprint) or PIN/
passcode as the case may be.
7.
The Customer
unconditionally and irrevocably authorizes the Bank to debit or credit the
Accounts with the Bank registered for availing of the Services in connection
with processing the transactions placed by the Customer on the Platform without
any prior notification to the Customer.
8.
The Customer agrees
and confirms that, once the transaction is materialized, any stop-payment
instructions may not be accepted and acted upon by the Bank.
9.
Only transactions
with the domestic AED currency are allowed to be processed through the
Platform, subject to such limits as may be stipulated by the UAECB or the Bank
from time to time. Transactions with foreign currencies are not allowed to be
processed through the Platform and will be rejected.
10.
The Customer should
act in good faith, exercise reasonable care and diligence and shall be solely
responsible for the confidentiality of his Account details, debit card details,
OTP and any other personal information or login credentials used on the Platform
("Credentials"). The Customer acknowledges, represents and confirms
that the Credentials are personal to the him and the Customer shall ensure at
all times to keep the same confidential and the Bank shall not be held liable
or responsible if the Customer discloses the Credentials to any third party in
any manner whatsoever or authorizes any third party to operate Account through
the Platform or if third party changes/modifies the Credentials in the Platform
due to disclosure of such Credentials by the Customer or misuses the Platform
in any manner. The Bank shall not be held liable or responsible in case of any
details including the Credentials of details including the Credentials of the
Customer for accessing the Platform are compromised by the Customer and/or any
misuse of the Credentials by any third party. The Customer shall be solely
liable and responsible in case the said Credentials are compromised by the
Customer knowingly or unknowingly, in any manner whatsoever.
11.
The Customers shall
take all reasonably practical measures to ensure that any electronic equipment
from which the Customer access the Platform is free of and adequately protected
against any computer virus or other malicious software. The Bank shall not be
held liable or responsible for any loss or damage responsible for any loss or
damage suffered by the Customer as a result of any computer viruses, Trojan
horses, worms, software bombs, malware or similar processes arising from the
Customer use of the Platform on affected electronic equipment.
12.
The Customer shall be
responsible for any and all the fund transferred to beneficiaries or received
by the Customer using the Platform.
13.
The Customer may
register an existing Account with the Bank for enrolling on the Platform and
availing of the Services.
14.
The Bank may, subject
to the Guidelines of UAECB, charge the Customer for all or any of the Services
available on the Platform Imposition of any such Imposition of any such
fees/charges or revisions thereto, shall be notified to the Customer in
compliance with applicable laws/regulations.
15.
The Customer shall
not use/access the Platform and/or Services offered through the Platform in any
manner other than as authorized by the Bank/UAECB. In case the Customer uses
the Platform for any purpose, which is illegal, improper or which is not authorized
under these terms /other specified terms & conditions then the Bank has a
right to take all reasonable measures in order to prevent such unauthorized
access by the Customer.
16.
UAECB or the Bank
shall be entitled to amend the terms of entitled to amend the terms of access
or usage of the Platform, including, but not limited to, the eligibility
criteria, the mode of authentication, the Services offered, etc., from time to
time, subject to such notice to the Customer as may be stipulated by applicable
laws/regulations.
17.
Any fund transfer
transactions executed through the Platform shall be subject to the following
limits: A transactions of value more than AED 50,000 shall not be facilitated
on the Platform.
18.
Prior to initiating a
payment transaction using the Platform, the Customer shall ensure that there
are sufficient funds in the Customer's Account for completing Customer's
Account for completing the transfer. In case of insufficient funds in the
Account, the Bank shall reject/block the transaction and the Bank shall not be
held liable for any loss/damage sustained by the Customer owing to such
rejection / blocking of the transaction by the Bank. In case the Bank
blocks/rejects a transaction initiated by the Customer, the same shall be
intimated to the Customer in the manner stipulated by applicable
laws/regulations.
19.
For payment
transaction on the Platform, the Customer shall ensure that the accurate detail
of the Beneficiary is provided. A payment transaction initiated by the Customer
on the Platform shall the Customer on the Platform shall not be processed if
the beneficiary is not registered/enrolled on the Platform or if the
beneficiary's account registered on the Platform is suspended/terminated or
otherwise, inactive.
20.
The Bank may review
your transactions on the Platform for identifying high risk transactions and
reserves the right to not process a transaction if the Bank believes it to be
suspicious, fraudulent, or unusual and report the transaction and the Customer's
account details to legal enforcement agencies or other regulatory authorities,
including UAECB as per applicable laws/regulations.
21.
The Customer's access
to the Platform or usage of the Services may be impacted owing to reasons not
within the control of the Bank, including on account of any planned/unplanned
downtime or other errors in transmission, technical defect, etc.
Use of Data
1.
The Customer shall
ensure that any information or data provided to the Bank in relation to the
Account and/or for access to the Platform or usage of Services on the Platform
are accurate.
2.
The Customer
acknowledges that to comply with its legal and regulatory obligations under
applicable laws/regulations and to perform obligations in relation to perform
obligations in relation to the Account, to facilitate Customer's enrolment on
the Platform and usage of Services available on the Platform, and on a
continuing basis, the Bank will engage with entities related to the Bank, such
as its affiliates, branches, representative offices and/or subsidiaries, if any
("Group Entities"), third parties, governmental or regulatory
authorities, including CBUAE, each of which may be located within or outside of
the UAE (collectively "Third Parties"). By agreeing to these Terms
for accessing the Platform, the Customer explicitly consents to the collection,
storage, use and transfer (in electronic or other form) of the Customer's other
form of the Customer's personal/ confidential data, including the Customer's
personal and account related information, by the Bank with such Third Parties.
The
Customer further acknowledges that the Customer's personal /confidential data
may be accessed under legal proceedings within or outside the UAE in some
circumstances.
3.
If the Customer has
any questions regarding the processing of the Customer's personal data the
Customer should read the Data Privacy Notice of the Bank available at Rafidain
www.almasraf.ae/privacy-notice.
4.
In addition, the
Customer acknowledges and agrees that he acknowledges and agrees that the Bank
may aggregate the Customer's information with other data collected and/or
calculated will own all such aggregated data, provided that the Bank shall not
distribute the aggregated data in a format that identifies the information with
the Customer specifically.
Confidentiality:
1.
The Customer
undertakes not to disclose any password, authentication code and/or other
Credentials relating to the Accounts and/or the Platform to any other person.
2.
The Customer
undertakes not to share the Mobile Phone device, which are used to access the
Platform with any third party and agrees to use passwords to protect against
the unauthorized use of such device.
Disclaimer:
The Customers acknowledge
that the Platform is owned and offered by UAECB and not by the Bank and is
provided by the Bank "as is". The Customers further acknowledge and
agree that usage of Services available on the Platform shall be at Customer's
sole discretion and risk, and the Bank makes no warranty or representation,
either express or implied about the availability, quality, accuracy, security
or otherwise of the Services so provided or that the Platform is free of
provided or that the Platform is free of virus and can be accessed in an
interrupted manner.
The Customers acknowledge
and accept the risk that communications, instructions, claims and documents
sent to or from the Bank through an electronic channel may be intercepted,
monitored, amended, corrupted, contain viruses or be otherwise interfered with
by third parties and acknowledge and agree that the Bank is not responsible or
liable to the Customer or any third party for, and the Customer waive any and
all claims in respect of, any losses arising from the same.
Intellectual Property:
The Customer acknowledges
that all intellectual property rights over the Platform is owned by UAECB.
Nothing in these Terms shall be construed as the Bank or UAECAB giving to the
Customers or to any third parties any license or right to use the trademarks,
logos, service marks and/or other intellectual property rights in relation to
the Platform.
Liability and Indemnity:
1.
The Customers
acknowledges that the Bank shall not be liable for any delay or failure to
provide all or part of the Services on the Platform, where such delay or
failure is attributable, either wholly or partly, attributable, either wholly
or partly, to reasons beyond the Bank's control, including planned/unplanned
downtime or other errors in transmission, technical defect, malfunction or
breakdown.
2.
The Customer hereby,
irrevocably, unconditionally and without limitation, accepts all authorized
debits from the Account arising from the use of the Platform, including on
account of any payment transaction initiated on the Platform, and waives any
right of objection in relation thereto.
3.
The Bank's record of
any transaction processed using the Platform shall be conclusive evidence of
such transaction and binding on the Customer for all binding on the Customer
for all purposes.
4.
The Bank shall not be
responsible for any erroneous transactions, including payments to any party
arising out of any inaccurate information provided by the Customer on the
Platform as part of execution of the transaction. The Customer further confirms
and agrees to waive any right which the Customer may otherwise have for holding
the Bank or CBUAE responsible for any mistake or omission caused by the use of
the Platform and any delay by the Bank in processing any transaction due to
reasons beyond its control.
5.
The Customer agrees,
at its own expense, to indemnify, defend and hold harmless the Bank, its
directors and employees, representatives, agents, and its affiliates against
any claim, suit, action or other proceeding brought against the Bank, its
affiliates, directors and employees, representatives or agents by a third
party, to the extent that such claim, suit, action of other proceeding is based
on or arises in connection with the use of the Platform by the Customer with
reference to:
a. Any
acts of negligence, omissions, mistakes, willful misconduct, or fraud by the
Customer
b. a
breach of the Terms or the guidelines of UAECB by the Customer.
c.
any deletions,
additions, insertions, or alterations to, or any unauthorized use of, the
Platform by the Customer.
d. Fraud,
error, inadequate financial capacity to fulfill obligations and/or provide
remedies
e. Loss
or damage suffered by the Bank on account of any penalty, fines, punitive
damages etc., levied by UAECB on account of any act of omission of the Customer
in relation to the usage of the Platform or breach of any laws, regulations, or
guidelines issued by the Central Bank of the UAE or any other regulatory
authority.
f.
Any infringement of
intellectual property rights associated with the Platform by the Customer
g. Any
third-party claim against the Bank on account of the Customer's usage or the
Platform and its Services.
h. Customer's
disclosure of Credentials to any third party/person or any misuse thereof in
any manner whatsoever including the misuse of Platform by any third party.
i.
The Customer shall be
fully liable for any unauthorized use of the Platform by third parties
resulting from the disclosure of Credentials or negligence in securing access
methods, and shall indemnify the Bank against any resulting claims or damages.
6.
In consideration of
the Bank agreeing to facilitate access to the Platform and usage of the
Services to the Customer, the Customer hereby irrevocably agrees to indemnify
and keep the Bank, its directors and employees, representatives, agents and/or
affiliates (hereinafter referred to as “the Related Parties"), as the case
may be, indemnified and harmless, at all times hereafter, from all losses,
damages, costs, legal fees (including reasonable attorneys' fee), charges and
expenses and consequences whatsoever, suffered or incurred by the Bank or the
Related Parties on account of any claims, actions, suits or otherwise
instituted by the Customer, or any third party whatsoever, arising out of or in
connection with the use of the Platform and any Services by the Customer,
including, but not limited to:
a. breach
of these Terms by the Customer;
b. misuse
of the Platform by the Customer or by any third party accessing the Platform
through the Customer's Platform through the Customer's Credentials or Mobile
Phone or
c.
breach of any
intellectual property rights in relation to the Platform by the Customer or by
any third party accessing the Platform through the Customer's Mobile Phone or
Credentials. The Customer further agrees and confirms that this indemnity shall
remain valid and subsisting and binding upon the Customer notwithstanding
termination/withdrawal/suspension of the Platform or Services in part or in
full.
This indemnity shall remain
valid, binding, and enforceable against the Customer notwithstanding the
termination, suspension, or withdrawal of access to the Platform or Services,
whether in whole or in part, and shall not affect any other legal rights of the
Bank.
Termination of Services:
1. Termination
by the Bank:
A Customer's access to the Platform may be
terminated / suspended / withdrawn either suspended / withdrawn either partly
or in full by the Bank on account of any of the following, subject to such
notice as may be stipulated by applicable laws/regulations:
a. A
Customer's User ID becomes inactive if the Platform is not accessed or used by
the Customer for a continuous period of six (6) months.
b. The
Bank may de-link the Customer's User ID from the Platform in case of a report
of loss of the Customer's registered Mobile Phone Number.
c.
Customer's access to
the Platform to execute transactions in the Account shall be terminated:
i.
If the Customer's
Account with the Bank is closed, becomes invalid or frozen or is attached by
court order or similar regulatory order.
ii.
if the Account ceases
to meet the eligibility requirements as may be stipulated by UAECB from time to
time.
iii.
if, in the opinion of
the Bank, the Customer breaches any of these Terms or the Guidelines;
iv.
if, in the opinion of
the Bank, the Customer has committed any fraud.
v.
if, in the opinion of
the Bank, the Customer misuses the Platform or Services available on the
Platform.
vi.
any infringement of
intellectual property rights pertaining to the use of the Platform/Services by
the Customer.
vii.
if the Bank becomes
aware about the death, insolvency, bankruptcy, or lack of legal capacity of the
Customer.
viii.
if the Bank ceases to
be a Participant for any reason whatsoever or if the Bank's rights to offer the
Services to its Customers are terminated, suspended or withdrawn by UAECB;
ix.
upon deactivation,
termination, suspension or withdrawal of the Customer's access by UAECB, for
any reason whatsoever;
2. Termination
by Customer:
A Customer shall have the option to block or unenroll an
Account from the Platform or unenroll/de-register from the Platform completely
at the sole discretion and risk of the Customer, and the Customer shall solely
be liable for any loss/damages or other the same.
Amendment:
These Terms or the
Guidelines may be amended from time to time by the Bank or by UAECB
respectively, subject to such notice as stipulated by applicable
laws/regulations, and the amended Terms shall be binding on the Customer in
relation to the usage of the Platform.
Disputes Resolution with Al
Masraf
In the event of any dispute
arising from or in connection with your use of the Platform or Services
provided by Rafidain, you are required to first notify Rafidain directly to
seek resolution. All disputes shall be managed and resolved in accordance with
the Dispute Management
System set up by the UAECB.
To initiate a dispute,
please visit: https://www.almasraf.ae/contact-us?subject=complaints
Or contact usuRafidain at
600 52 9999
Rafidain will endeavor to
address and resolve your concerns promptly and in accordance with applicable
regulatory requirements.