Tijra Terms and Conditions

Last Updated: 30 October 2022

Combined Terms and Conditions

  1. Introduction

    1.1 In consideration of Bahrain Development Bank B.S.C.(c) (BDB or we or us) agreeing to make available any product or reference to you as a customer, you hereby agree to the following terms and conditions (the Terms and Conditions).

    1.2 You agree that by using the services and products provided or offered by us and you confirm that these Terms and Conditions have been received, reviewed, understood and agreed by you.

    1.3 These Terms and Conditions shall be considered as an integral part of the terms and conditions of any product, service or facilities granted to you by us and shall be read as one document.

    1.4 Other specific terms and conditions may apply to certain products and services in accordance with the other agreement/s in writing between you and us and to the extent that the specific terms and conditions conflict with these Terms and Conditions, then the specific terms and conditions of that product or service will apply.

    1.5 All types of facilities extended by us to you under any terms specific to a product or service and which are currently outstanding or available will continue to be in force and subject to the respective additional terms and conditions of such product or service.

    1.6 You acknowledge that these Terms and Conditions may be amended, changed, supplemented by us from time to time in order to reflect changes in law, regulatory requirements, best practice or to deal with technical adjustments and improvements and additional features (with respect to our website or applications) or new products or services in our sole discretion shall be available on request in hard copy or on our website. If required, we will advise you of such changes.

Part 1 – General terms and conditions – all channels

  1. Where to find information about us and our services

You can find everything you need to know about us and our services on our website, our applications or from our customer services staff in any of our branches. We also confirm the key information to you in writing by email, in your online account, application or on paper before you enter into any agreement for services provided by us.

  1. We only enter into contracts when we’ve checked the application

We will contact you to confirm we’ve received your application and then we will contact you again to confirm whether or not your application has been accepted. Our contract with you will only be effective once the application has been accepted.

  1. Sometimes we reject applications

Sometimes we reject applications, for example, because a credit reference we have obtained is unsatisfactory, because we can’t verify your identity or because you are

located outside of Bahrain. When this happens, we will let you know as soon as possible.

  1. We charge interest on late payments

If we’re unable to collect any payment you owe us, we may charge interest on the overdue amount at the rate confirmed to you in our confirmation of the product or service provided from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

  1. We pass on increases in VAT

If VAT is payable in relation to the product or service being provided and the rate of VAT changes during the provision of any product or service, we will adjust the rate of VAT that you pay, unless all fees and charges have already been paid in full before the change in the rate of VAT takes effect.

  1. We’re not responsible for delays or events outside our control

If any decision regarding the acceptance of any application or the opening of any account, product or offering of any service is delayed or affected by an event outside our control, such as public holidays or utility failures, we will contact you as soon as possible to let you know. We shall not incur or be liable for any cost or liability as a result of any such delay.

  1. You’re responsible for making sure your information is accurate

If we’ve asked you for information relating to your application for a particular product or service or in relation to any changes in regulations that require us to request or update any information held by us, you’re responsible for making sure that information is correct.

  1. We can suspend supply (and you have rights if we do

    9.1 We can suspend the supply of a service or product.

    We do this to:

    9.1.1 deal with technical problems or make minor technical changes;

    9.1.2 update the service to reflect changes in relevant laws and regulatory requirements; or

    9.1.3 make changes to our services or products.

  2. We can withdraw services

We can stop providing a product or service.

  1. We can end our contract with you

    We can end our contract with you for a service and claim any compensation due to us if:

    11.1.1 you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the products or services.

  2. We don’t compensate you for all losses caused by us or our products and services

    12.1 We’re responsible for losses you suffer caused by us breaking this contract unless the loss was:

    12.1.1 not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable); 12.1.2 outside of our control in accordance with clause 8;

    12.1.3 something you could have avoided by taking reasonable action, including following our reasonable instructions for use; or

    12.1.4 related to your use of a product for the purposes of your trade, business, craft or profession.

  3. We use your personal data as set out in our Privacy Notice

  4. We will keep your information confidential

    14.1 We shall keep your information confidential and secure. We shall treat your information in a manner as we would our own confidential information.

    14.2 We shall only disclose your confidential information to the following:

    14.2.1 any of our affiliated companies, as well as their officers, directors, employees, professional advisers, auditors, partners, representatives and any other person to whom we feel it is appropriate to share such confidential

    information and, in doing so, we will impress upon the confidential nature of such information;

    14.2.2 to any person:

    (a) to whom we assign or transfer any and all rights and obligations in respect of any product or service;

    (b) to whom you or us, on your behalf are entering into a transaction (either directly or indirectly);

    (c) to a governmental, banking, tax or regulatory authority or court from which we have received a request or are required to disclose such information;

    (d) as a result of any litigation, arbitration, administrative or other investigative proceedings; or

    (e) with your consent;

    14.2.3 to any rating agency in the course of carrying out rating activities; and

    14.2.4 to any credit agency, including but not limited to, Bahrain Credit Reference Bureau, as required to be disclosed in order for the agency to carry out its credit activities.

    14.3 You acknowledge and agree that we can, on an ongoing basis, obtain credit and other information in relation to you from any credit reference agency, including but not limited to Bahrain Credit Reference Bureau.

  5. Limitation of liability

    15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

    15.2 We exclude all implied conditions, warranties, representations or other terms that may apply to our products, services, applications, websites and any information stored therein.

    15.3 You undertake and agree to indemnify us and hold us harmless against any loss, damage, liability, costs and expenses which we may incur under these Terms and Conditions including, without limitation:

    15.3.1 any breach by you of these Terms and Conditions;

    15.3.2 our processing of any Valid Instructions;

    15.3.3 any action taken by us on receipt of Valid Instructions; or

    15.3.4 the enforcement of any of our rights by us in enforcing and seeking to enforce these Terms and Conditions.

    We may recover these amounts by debiting your Bank Account or any other account that you may hold with us of an amount equal to the loss, damages, liabilities, costs and expenses incurred by us and you shall pay such amounts. This indemnity shall survive the termination of these Terms and Conditions or any products or services.

    15.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    15.4.1 use of, or inability to use, our site; or

    15.4.2 use of or reliance on any content displayed on our site.

    15.5 In particular, we will not be liable for:

    15.5.1 loss of profits, sales, business, or revenue;

    15.5.2 business interruption;

    15.5.3 loss of anticipated savings;

    15.5.4 loss of business opportunity, goodwill or reputation; or

    15.5.5 any indirect or consequential loss or damage.

    15.6 You agree and acknowledge to waive any right to legal immunity with respect to proceedings or execution.

  6. You have several options for resolving disputes with us

    16.1 You can go to court.

    These Terms and Conditions and any non-contractual obligations arising from or in connection with these are governed by the laws of Bahrain. The courts of Bahrain have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions. We shall be entitled to take proceedings relating to any dispute in any other court that has jurisdiction and may, to the extent permissible, take concurrent proceedings in different jurisdictions.

  7. Other important terms apply to our contract

    17.1 We may transfer this agreement to someone else.

    We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will ensure that this transfer will not adversely affect your rights under this contract.

    17.2 You need our consent to transfer your rights to someone else.

    You may only transfer your rights and obligations under these Terms and Conditions to another person if we agree in writing.

    17.3 Nobody else has any rights under this contract.

    These Terms and Conditions do not give rise to any rights for any third person to enforce any of these Terms and Conditions.

    17.4 If a court invalidates some of this contract, the rest of it will still apply.

    Each of the paragraphs of these Terms and Conditions operates separately. If any court or other relevant authority decides that some or any of these terms are unlawful, the remaining paragraph will remain in full force and effect.

    17.5 Even if we delay in enforcing this contract, we can still enforce it later.

    Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    17.6 We may set-off any liabilities with you.

    If you have money in any of your accounts, we may use this to reduce or repay any amounts owed to us, including amounts due under a loan, facility and overdraft, as well as when contingent liabilities become actual liabilities, and due for payment on other accounts.

    17.6.1 Client accounts

    We will not use our right of set-off in respect of money held in a client account (if any).

    17.6.2 Set-off against deposits in other currencies

In exercising our right of set-off, where deposits are not in the same currency as the amount owed, we may convert these deposits to the currency of the amount owed at the exchange rate we determine from time to time.

Part 2 – Bank products and services

  1. Applicability of these Terms and Conditions

    18.1 These Terms and Conditions form part of the agreement between you and us and are applicable to any bank account that you open or hold with us (the Bank Account) irrespective of the type of account that is opened.

    18.2 You agree and undertake to sign any further documents and to take any actions required by us from time to time. If any term applicable to a specific account, product or service is inconsistent with these Terms and Conditions, the specific account terms will apply.

    18.3 These Terms and Conditions shall be binding upon you and any of your successors in title.

    18.4 We shall be entitled to appoint agents on our behalf to collect all sums due by you to us under these Terms and Conditions and any products or services.

    18.5 We may offer such additional products and services from time to time and at our sole discretion and may modify any terms applicable to these products and services.

    18.6 All payments to us under these Terms and Conditions in connection with any products or services shall be made net of any taxes, withholdings, fees and charges.

    18.7 You confirm and consent to the storage and processing of any transactions and information within or outside of Bahrain and we are entitled to outsource certain parts or elements of the transactions, products or services to other parties.

    18.8 In the event of any difference or discrepancy between the English text of these Terms and Conditions and the text of these Terms and Conditions in any other language (including Arabic), the Arabic text shall prevail.

  2. Age restriction

    You must be 18 years or older to open and operate the Bank Account and any individual appointed to operate the Bank Account on your behalf must also be 18 years or older.

  3. Fees and Charges

    20.1 You acknowledge the receipt of the schedule of fees, costs and charges relating to the Bank Account and agree to pay those applicable to the Bank Account as determined by us from time to time (the Fees). We may, on thirty (30) days’ notice, modify or amend any Fees, interest rates or other amount applicable to the Bank Account or change the date on which any such are collected or calculated. Use of any of our products or services after the effective date for the modified Fees shall be deemed to constitute agreement and acceptance of the modified Fees.

    20.2 You acknowledge and agree that the applicable Fees shall be debited from the Bank Account automatically and without prior notice.

    20.3 We may make any currency conversion at the prevailing spot rate of exchange for such currency.

    20.4 There may also be a charge for products and services which aren’t set out in the price list that applies to your account, we will always advise you of the amount before the service or product is provided. We can take these charges from your account upon the provision of the service or product.

  4. Access and security details

    21.1 The services available depending on the type of account that you have and the channel that you are using to access your account.

    21.2 You can access your account in a number of different ways such as via our banking branches, telephone banking, online banking via our website and mobile applications, including our Tijara application.

    21.3 We shall have a process for the approval and verification of instructions and requests received by you and this process is subject to change from time to time. Wherever you access your account information, transfer funds or change contact information, we will need to confirm that we are dealing with the correct person via your security details. If your security details are used we will assume that it’s you and will treat any request or instructions as if authorised by you (Valid Instructions).

    21.4 We may limit or restrict an account or the services or products offered where you have not fully satisfied our security requirements and processes or where the information is out of date until such time as our security requirements and processes have been satisfied.

    21.5 Biometric security

    21.5.1 You acknowledge and agree that where you have elected to access our website or application via Biometric Identifiers, the following steps should be taken:

    (a) you will need to activate the function on your device and register your Biometric Identifiers;

    (b) you will be required to register your Biometric Identifiers with our website or application and upon the successful registration process, your Biometric Identifiers stored on your device will be considered as the access security code. We will read the biometric authentication status from the device and will not store the actual Biometric Identifiers;

    (c) you must ensure that only your Biometric Identifiers are stored in your device and you understand that any registered Biometric Identifiers that are stored on any of your devices can be used to access your Bank Account, our products and services via our website and applications and to carry out transactions; and

    (d) you should ensure the security of the security codes as well as the password or code used to register Biometric Identifiers on your device.

    21.5.2 Every time you access our website or our applications or perform transactions using your Biometric Identifiers, you acknowledge and confirm that the access and the transactions are genuinely instructed by you.

    21.5.3 You acknowledge and agree that the authentication is performed by our website and our application through interfacing with the Biometric Identifiers on the device. You understand that the authentication of Biometric Identifiers undertaken by your device is not provided by us, and we make no representation or warranty as to the security, fitness and accuracy of the Biometric Identifiers function of any device.

    21.5.4 If you inform us that the security of your Biometric Identifiers or other security codes have been breached, we may require changing the security code, re-

    registering Biometric Identifiers or disenable the use of the verification of Biometric Identifiers.

    21.5.5 You acknowledge and agree that we reserve the right to access and use any information regarding the Biometric Identifiers.

  5. Transactions

    22.1 Any transactions undertaken by you in respect of the Bank Account are subject to the limits set by us from time to time.

    22.2 You will be solely responsible for providing the correct references and details in respect of any transaction involving the Bank Account.

    22.3 We reserve the right to cancel or reverse any transaction where cleared funds have not been received by us, where a mistake has been made or where we are required to do so by any applicable law or regulation. In addition, we may debit any amount due or payable for any transaction involving the Bank Account.

    22.4 In the event that any funds in the Bank Account are blocked due to the instructions of any judicial, legal, administrative or regulatory authority or due to a claim by us against you, you shall irrevocable and unconditionally indemnify us and hold us harmless against any and all damages that we incur in connection with any block or claim.

    22.5 We can block any device used to access the Bank Account, the Online Banking Facilities or the APP or your access to such where we reasonably

    22.6 Unless you have agreed an overdraft facility in respect of the Bank Account, any transactions which will cause the Bank Account to be overdrawn will not be honoured. If you do have an overdraft facility in respect of the Bank Account, any transaction that will cause the Bank Account to be overdrawn will be honoured up to the Agreed Limit. If the transaction exceeds the Agreed Limit in respect of the overdraft for the Bank Account, it will not be honoured. In the event that any transactions are inadvertently honoured by us in excess of the Agreed Limit, you agree to repay us by the amount by which the transaction exceeds the Agreed Limit plus any interest or charges at the prevailing rates.

    22.7 You acknowledge that our books, records and accounts constitute conclusive and binding evidence of the transactions undertaken by you. You irrevocably waive any right that you may have under these Terms and Conditions or implied by law that would entitle you to request or insist upon an audit of our accounts or records or to contest the genuineness of signatures in respect of any transactions undertaken on your behalf. You confirm and agree that we may maintain our records in any format that we reasonably require and these will still constitute genuine original legal documents and you irrevocably waive any objection that you may have to these documents.

  6. Statements

    23.1 We will provide statements to you in respect of the Bank Account at a frequency to be advised by you. These statements may be in paper or electronic form by email or via our online banking platform.

    23.2 You shall notify us in respect of any error, discrepancy or omission in any statement within fourteen (14) days from the delivery of the statement or deemed receipt of the statement. In any event you agree that you are responsible for all entries in the statement irrespective of the receipt or not of the statement.

    23.3 You acknowledge that there is a risk that any data, including confidential information, received through the internet or by email is vulnerable to and may be accessed by third parties.

    23.4 Liability in respect of statements

    You release and discharge us, our employees, officers, representatives and you waive any right that accrues to you at law against us, our employees, officers and representatives with respect to any losses or damages that you suffer as a result of:

    23.4.1 the generation, delivery or management of your statement;

    23.4.2 any errors, delays in delivery of the statements or any unauthorised alteration, amendment, manipulation or usage of the data contained within your statement; and

    23.4.3 unauthorised access by or disclosure of confidential information to third parties.

    You unconditionally and irrevocably undertake to indemnify and hold us harmless, our employees, our officers and representatives against any and all losses, costs, damages or expenses arising out of or in respect of any of the events listed in this clause.

  7. Valid Instructions

    24.1 Our receipt of any Valid Instructions from you shall constitute irrevocable authorisation to us to accept and act upon such instructions. You agree that all Valid Instructions have the same validity and enforceability regardless of the format or channel in which they are issued and you agree not to dispute or challenge the validity, admissibility or enforceability of any Valid Instructions on the grounds that they have been issued in a format or channel that is not in physical writing or is in an electronic form. Any and all Valid Instructions shall be considered as original documents in their own right.

    24.2 We will rely on any Valid Instructions where we believe such Valid Instructions to be genuine and authentically issued by you and those authorised to transact on your behalf, even where such Valid Instructions are contrary to other terms or mandates provided by you. You agree and acknowledge that we are not obliged to verify the authenticity of any instructions provided that they constitute Valid Instructions.

    24.3 We have absolute discretion and shall incur no liability where we choose not to act upon Valid Instructions for any reason and we may notify you of our decision not to act, unless we believe that we are under a legal or regulatory duty not to notify you of such decision.

    24.4 You agree and acknowledge that Valid Instructions may be withdrawn in accordance with the relevant procedure for the withdrawal of such depending upon the channel or manner in which the Valid In

    have provided confirmation that the Valid Instructions have been withdrawn by you, the Valid Instructions shall not be deemed to have been withdrawn.

    24.5 You shall notify us as soon as possible upon becoming aware of or suspect any defect or error in the Valid Instructions.

    24.6 In the event that you have provided your Valid Instructions outside of the Business Hours, the Valid Instructions shall be deemed to have been received on the following day in which we are open for business. In addition, there may be delays in processing any Valid Instructions received during Business Hours due to the nature of the transactions being requested, our own internal restrictions and compliance procedures, as well as other circumstances beyond our control.

    24.7 In providing us with Valid Instructions you hereby acknowledge and agree that, as your agent, we are able to deal with third parties or institutions on your behalf in order to give effect to the Valid Instructions.

    24.8 Liability in respect of Valid Instructions

    You accept all loss or damages incurred by us or you relating to:

    24.8.1 any and all errors arising out of us accepting Valid Instructions;

    24.8.2 any Valid Instructions received by us that are purportedly from you but are in face fraudulent or not genuine; and

    24.8.3 any change or modification to the Valid Instructions received by us from you that, for whatever reason, cannot be effected or complied with by us.

  8. Online Banking Facilities

    25.1 In using our Online Banking Facilities, you agree that you will only access the Online Banking Facilities in accordance with our instructions, requirements and guidance issued by us from time to time. You shall ensure that any other individual that access the Online Banking Facilities on your behalf adheres to and abides by these Terms and Conditions.

    25.2 You shall:

    25.2.1 be solely responsible for setting up, safeguarding, maintaining and monitoring adequate security measures and procedures to ensure access and use of the Online Banking Facilities is within the Agreed Limits and to prevent unauthorised or erroneous instructions and to minimise the risk of fraud;

    25.2.2 use the Online Banking Facilities only for the intended purposes and not for any unlawful purpose;

    25.2.3 refrain from using the Online Banking Facilities following any cancellation, termination, withdrawal or suspension of the Online Banking Facilities, unless we notify you that such cancellation, termination, withdrawal or suspension has been rescinded;

    25.2.4 immediately notify us if any individual accessing the Online Banking Facilities on your behalf is no longer authorised by you to access the Online Banking Facilities on your behalf;

    25.2.5 immediately notify us if your information changes;

    25.2.6 prevent the security details and information or any other security measures from becoming known or accessible by any unauthorised person;

    25.2.7 not access or attempt to access our systems or network or any other information relating to our employees or customers; and

    25.2.8 pay all fees, expenses and charges applicable to the Online Banking Facilities which we may charge from time to time and shall be directly debited from your Bank Account.

    25.3 You agree that we are not required to make any investigation as to the user gaining access to the Online Banking Facilities on your behalf, other than the information provided as part of the security measures and procedures in relation to the Online Banking Facilities. You agree that we can rely upon the authenticity of the transactions conducted by a user of the Online Banking Facilities by the satisfaction of the security procedures. If we have reason to doubt the genuineness of any instructions provided to us or in relation to any transaction, we may, in our absolute direction, choose not to process the instructions or transaction initiated via the Online Banking Facilities.

    25.4 You acknowledge and agree that we may add, delete, modify, alter, enhance, improve or upgrade any of the functions of the Online Banking Facilities or the security or administrative procedures relating to access to and use of the Online Banking Facilities, as well as restricting, changing or terminating your access to the Online Banking Facilities, without notice and at our complete discretion.

    25.5 We may, from time to time, suspend some or all of the Online Banking Facilities or any products offered or accessible via the Online Banking Facilities for maintenance, whether such maintenance is of a routine, non-routine or emergency nature. We will use reasonable endeavours to provide prior notice of the suspension, but there may be instances where it is not possible to give prior notice and we shall not incur any liability for such suspension of the Online Banking Facilities or loss arising therefrom.

    25.6 You understand and agree that the storage of your information relating to your Online Banking Facilities including, without limitation, your username, password, Bank Account information, transaction information and activity, balances and any other information stored on your computer, devices or other electronic devices shall be stored at your own risk and we shall not be responsible for any unauthorised access or inadvertent disclosure of such information to third parties.

    25.7 You understand and agree that certain products and services available through or offered by the Online Banking Facilities may require different processing by us and this may take additional time for some products than others. This processing time can be impacted by differences in time zones, business hours and working days, particularly where there is a difference in the location of the person issuing the instructions and that of the account receiving funds or being debited.

    25.8 Liability in respect of Online Banking Facilities

    You agree that we shall not incur any liability in relation to any loss or damages arising:

    25.8.1 where you are unable to access or use the Online Banking Facilities due to circumstances beyond our control, including any failure in utility or network outage;

    25.8.2 where such any loss or damage arises out of or is incurred by our adherence to your instructions and / or processing of your transactions;

    25.8.3 from any malfunction of the Online Banking Facilities;

    25.8.4 any change, alteration, addition or deletion of the Online Banking Facilities, our systems or the transaction cut-off times; or

    25.8.5 any partial, incomplete, late, delayed or failed transfer or payment due to circumstances beyond our control.

    We shall not be liable for any harm caused by a transmission via the Online Banking Facilities of a computer virus, computer code or program that can access, change, delete, damage, corrupt, deactivate, disable, disrupt or impede the operation of the Online Banking Facilities or any of your software, hardware, data or property.

  9. Open Banking

    26.1 These Terms and Conditions are appliable to you where you use a Third Party Provider for any Account Information Services or Payment Initiation Services.

    26.2 Following receipt of your Valid Instructions, we will give any Third Party Provider access to relevant account information in order to provide you the ability to make the same transactions via the Third Party Provider as if you were making those transactions via the Online Banking Facilities or our applications.

    26.3 We shall provide a Third Party Provider access to your account information for a period of [three (3)] months from the receipt of your Valid Instructions.

    26.4 The account information that we will provide to a Third Party Provider will include details about who you makes payments to (i.e. beneficiaries) and who you receive payments from. In addition, such account information may contain some sensitive personal information (e.g. subscriptions or memberships) paid directly from your Bank Account.

    26.5 We are not responsible for any such use of the account information by a Third Party Provider nor are we responsible for the privacy, security or availability of data that you share with a Third Party Provider. This shall be governed by the contractual relationship between you and the Third Party Provider. Third Party Providers are regulated by the CBB.

    26.6 You may provide security details to a Third Party Provider where it is necessary for the services of the Third Party Provider.

    26.7 We may refuse access to a Third Party Provider if we are concerned that the Third Party Provider is unauthorised or acting fraudulently or if we become aware that the Third Party Provider is no longer authorised or regulated by an appropriate authority. We will advise you of such refusal (unless to do so would be unlawful or would compromise our security measures).

    26.8 We reserve the right to terminate connectivity with Third Party Providers in accordance with the CBB approval.

    26.9 You agree and acknowledge that you will check the information given by a Third Party Provider to see that they’re authorised. If you provide your security details to an unauthorised third party, we will assume it is you authorising us to give access to information about your accounts, products and services and you will be responsible for any payments made as a result. If we are aware that an unauthorised third party is using your security details, we will block access to the Bank Account. If you have any suspicion that a payment made through a Third Party Provider was unauthorised or incorrect then you must contact us as soon as possible.

    26.10 You may revoke the access of a Third Party Provider to your Bank Account by following the procedures of the Third Party Provider, via the Online Banking Facilities or any application or by any of our branches. Where you advise us that you wish to withdraw consent to a Third Party Provider to access your Bank Account, then we will comply with such request but will not act as a revocation of consent to a payment that has been debited from the Bank Account or to information that has already been provided to a Third Party Provider in response to a confirmation of funds request or for Account Information Services.

    26.11 Third Party Providers are authorised by the CBB and complaints in relation to a Third Party Provider can be addressed to the CBB.

  10. Closing of the Bank Account

    27.1 In the event that you have breached any of these Terms and Conditions, we may refuse to process any pending and / or future transactions in respect of any Bank Account. In addition, we may close the Bank Account at any time without cause on thirty (30) days’ prior written notice. On the closure of the Bank Account, we will pay to you an amount equal to any credit balance in the Bank Account following deduction of any charges and fees.

    27.2 In the event that there is a credit balance of zero on your Bank Account for a period in excess of thirty (30) days, you agree and acknowledge that we may close your Bank Account on prior written notice following the expiry of a thirty (30) day period commencing from the service of our notice. We will send this notice to the correspondence address or email address that you have provided to us and such notice shall be deemed received by you on the fifth Business Day following posting of the notice.

    27.3 In the event that there has been no activity with respect to your Bank Account for a period of twelve (12) months, we may class your Bank Account as “dormant”, in which case it will be treated as dormant. We will notify you of this classification within thirty (30) days from our classification that the Bank Account is dormant. We will send this

    notice to the correspondence address or email address that you have provided to us and such notice shall be deemed received by you on the fifth Business Day following posting of the notice. We will review this classification every six (6) months and will contact you following this review. Where your Bank Account is classified as dormant, you may reactivate your Bank Account on notice to us and the provision of any updated security information. In the event that there is activity on other accounts held by you with us, we will not classify the Bank Account as dormant regardless of the level of activity with respect to that Bank Account.

    27.4 In the event that any transactions are processed that result in the Bank Account being in excess of any Agreed Limit, we may send a written warning to you informing you of these transactions and the balance in excess of the Agreed Limit requesting sufficient funds be deposited in the Bank Account. We may close any of your accounts with us by transferring the balance of such accounts to the Bank Account in order to remedy any deficiency and to meet any fees and expenses incurred by us. Where you have received two (2) or more written warning from us at any time in a period of six (6) months, we may close any and all banking facilities that you hold with us and not provide any further banking facilities to you. We will report such activities with the Central Bank of Bahrain and any other authorities.

    27.5 In the event that you:

    27.5.1 transfer investments to a United States Person; or

    27.5.2 become a United States Person,

    as determined by us in our sole discretion, we may liquidate your holding, settle any amounts due to us and refund the balance of the Bank Account (if any) to you.

  11. Warranties

    28.1 You warrant that:

    28.1.1 all Valid Instructions are true, accurate, adequate, complete and we may rely upon these;

    28.1.2 you are not a “United States Person” and will not transfer any units in any investment to any such person described as any of the following:

    (a) a United States citizen or resident or US Green Card holder;

    (b) a corporation, partnership or other entity organised or existing under the laws of any state, territory or possession of the United States;

    (c) an estate or trust of which an executor, administrator or trustee is a United States Person;

    (d) an agency or branch of a foreign entity located in the United States;

    (e) a discretionary or non-discretionary account held by a fiduciary for the benefit or account of a United States Person; or

    (f) a foreign partnership or corporation formed by a United States Person principally for the purpose of investing in unregistered securities;

    28.1.3 Status

    (a) you are duly formed and validly existing under the law of Bahrain;

    (b) you have the power to own your assets and carry on your business as it is being conducted;

    28.1.4 Power and Authority

    (a) you have the power to enter into, perform and deliver, and has taken all necessary action to authorise your entry into, performance and delivery of, these Terms and Conditions and any document, contract or agreement to which you are a party in relation to any product, service or facility and the transactions contemplated by those;

    (b) no limit on your powers will be exceeded as a result of the borrowing, grant of security or giving of guarantees or indemnities contemplated by these Terms and Conditions and any document, contract or agreement to which you are a party in relation to any product, service or facility and the transactions contemplated by those;

    28.1.5 No Misleading Information

    (a) any factual information provided by you for the purposes of Terms and Conditions and any document, contract or agreement to which you are a party in relation to any product, service or facility and the transactions contemplated by those was true and accurate in all material respects as at the date it was provided or as at the date (if any) at which it is stated;

    (b) nothing has occurred or been omitted from any document, contract or agreement to which you are a party in relation to any product, service or facility and the transactions contemplated by those and no information has been given or withheld by you that results in the information contained in the Terms and Conditions and any document, contract or agreement to which you are a party in relation to any product, service or facility and the transactions contemplated by those being untrue or misleading in any material respect;

    28.1.6 No proceedings pending or threatened

    no litigation, arbitration or administrative proceedings of or before any court, arbitral body or agency which, if adversely determined, might reasonably be expected to have a Material Adverse Effect or have (to the best of your knowledge and belief) been started or threatened against you;

    28.1.7 Pari Passu Ranking

    your unsecured payment obligations, if any, under these Terms and Conditions and any document, contract or agreement to which you are a party in relation to any product, service or facility and the transactions contemplated by those rank at least pari passu with the claims of all your other unsecured and unsubordinated creditors, except for obligations mandatorily preferred by law applying to companies generally;

    28.1.8 Sanctions

    You are not and your directors, officers, agents or employees are not:

    (a) a person, that is, or is owned, or controlled by persons that are:

    i the target of any Sanctions (a Sanctioned Person); or

    ii located, organised or resident in a country or territory that is, or whose government is, the subject of Sanctions broadly prohibiting dealings with such government, country, or territory (a Sanctioned Country);

    (b) will directly or indirectly use the proceeds of any facility or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or any other person:

    i to fund any activities or business of or with any person, or in any country or territory, that, at the time of such funding, is a Sanctioned Person or Sanctioned Country; or

    ii in any other manner that would result in a violation of Sanctions by any person (including any person participating in the loan hereunder, whether as underwriter, advisor, investor, lender, hedge provider, facility or security agent or otherwise).

    (c) should you become a Sanctioned Person or subject to any sanctions that may prevent us from providing or continuing to provide any of our services to you, we have the right to stop the provision of any such services to you and you exclude us from any liability and release us from any claims for damages in relation to or arising from the cessation of providing its services to you.

    28.1.9 Anti-Money Laundering

    Under the Terms and Conditions and any document, contract or agreement to which you are a party in relation to any product, service or facility and the transactions contemplated by those, you are acting solely on your own behalf, and all funds made available to you will be drawn for your own account and / or for the purposes set out in the relevant documents.

    28.1.10 Insolvency

    You have not taken any corporate action nor, to the best of your knowledge and belief, have any legal proceedings or other procedures or steps been taken against you in relation to:

    (a) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganisation (by way of voluntary arrangement, scheme of arrangement or otherwise);

    (b) a composition, compromise, assignment or arrangement with any creditor; or

    (c) the appointment of a liquidator, receiver, administrative receiver, administrator, compulsory manager or other similar officer,

    or any analogous procedure or step is taken in any jurisdiction (save for a petition for its winding up which is vexatious, frivolous, groundless or an abuse of the process of the court which is dismissed, discharged or withdrawn within seven Business Days of its presentation).

  12. Liquidity Costs

    If the cost to us of making or maintaining any product or account increases as a result of the introduction of or change in any liquidity, reserve ratio, special deposit or similar requirements (or any other requirement having the same or similar purpose) of any Regulatory Authority or from any change in any law or regulation or the introduction of or increase in any tax, we will either demand payment of an amount or increase the interest rate applicable to the product or service by an amount that we will conclusively determine is sufficient to compensate us for such increased cost. We may provide, upon reasonable request, you with proof of such increase of cost.

  13. Security and Support

    30.1 Where a product, service or facility is secured, then such Security shall be executed, perfected and delivered to us to our satisfaction before the any amount is drawn down, utilised or availed of in whole or in part. Any delay by us in enforcing the terms of this clause will not prejudice our rights to insist at a later stage on provision of such Security or to take any action as a result of the non-provision of such Security.

    30.2 Before any amount is drawn down, utilised or availed of, you will appoint an independent valuation(s), acceptable to us, to evaluate any asset, including without limitation any land and/or buildings, and/ or your business if requested to do so by us. Without prejudice to our right to ask for interval necessary valuations, any valuation(s) will be at your own expense and (unless agreed otherwise with us) will be furnished by a valuer(s) chosen from our approved panel of valuers and addressed to us. We will be entitled to debit any fees or expenses relating to such valuation(s) to any account you maintain with us. We shall be entitled to conduct such valuation annually or if deemed necessary during the tenure of any product or facility and will be entitled to debit your account towards fees or expenses. Our valuation shall be deemed final for the purpose of providing agreed Security cover.

    30.3 Security will extend to cover all of the present and future obligations on you to us, whether as principal or surety and whether actual or contingent.

    30.4 Security shall not be discharged by making an intermediate payment by you, however, we, in certain cases, may consider releasing Security while any amount or facility is not yet fully repaid.

    30.5 Security shall be in addition to and not in substitution for or derogation of any other security which we may at any time hold in respect of your obligations hereunder.

    30.6 In relation to business rights and assets subject to Security in favour of us:

    30.6.1 where applicable, you must take out and maintain insurance cover for the period of the product, service or facility, including for fire and other usual risks for its full reinstatement cost with an insurance company acceptable to us and on terms acceptable to us;

    30.6.2 before any amount is drawn down, utilised or availed of, and on request at any time during the period of the product, service or facility, you must produce to us evidence which is satisfactory to us at our sole discretion that the insurance cover exists and of payment of any premiums or any other sums;

    30.6.3 you will ensure (and will produce evidence to us) that our interest as an assignee or payee is noted on any of your insurance policies relating to any property and / or assets the subject of any Security for any product, service or facilities, unless we give you notice that we want to be co-insured on any or all such insurance policies. As soon as you receive any such notice, you will immediately take all actions required to ensure we are co-insured on such policies;

    30.6.4 to the extent possible, you will ensure that the insurance policies contain any provisions that we may reasonably require for our protection;

    30.6.5 you will ensure that all premiums are paid on time and you will do all other such things necessary to ensure these insurance policies remain in force while the any amounts remain outstanding;

    30.6.6 if you do not do so, we may, but without obligation, pay any premium or effect such insurance at your cost and may debit such cost to any account that you hold; and

    30.6.7 we will have no liability to you if the insurance company does not pay or if the property and/or assets are not insured or are not properly insured for any reason at any time.

    30.7 We do not warrant that the proceeds of realisation of any Security and particularly the proceeds of any life policy held as Security will be sufficient to clear the entire amount owed under any connected facility.

    30.8 If we demand repayment of any amount, unless you pay in full immediately, we may dispose of any funds or other similar assets subject to security towards payment of liability you owe to us.

    30.9 You hereby waive your right to receive notice of our intention to sell any assets or rights subject to Security, to the extent permissible by law. You shall accept our accounts of sales and realisations as sufficient proof of any amounts realised and relative expenses and you will pay on demand any shortfall. You shall be responsible for all of you legal and professional fees including any applicable taxes, and all outlays and registration fees payable in relation to the creation and perfection of the Security.

    30.10 You will pay such reasonable charges as may be required by us in relation to the release of any Security.

    30.11 We shall be entitled to notify our security right arising under any documents relating to Security in relation to your respective rights or property in any relevant registry as per the laws of Bahrain.

  14. Interest

    If any payment due by you to us is unpaid on the due date for payment, we may, without prejudice to any other right or remedy that we have, charge interest in respect of such defaulted payment at the rate set out in our Schedule of Fees and any other fees or charges that are payable.

Part 3 – Loans

  1. General

    32.1 Any disbursement or drawdown of any loan or facility is conditional upon the receipt of all documents requested by us or confirmation from us that our requirements have been satisfied, as well as payment of all applicable fees and charges.

    32.2 We may, at any point and on notice to you, cancel our commitment to make any loan or facility available to you, reduce any such amount available under any loan or facility or require any additional conditions or requirements for the loan or facility to remain available to you.

    32.3 We will consider you to have defaulted under any loan or facility if:

    32.3.1 you have not paid an amount due in full on its due date;

    32.3.2 you have breached any term or condition of these Terms and Conditions or of any of the specific terms applicable to any loan, facility, product or service;

    32.3.3 you have provided incorrect information to us as part of the application process;

    32.3.4 you become insolvent, liquidated or incapable of paying your debts as they fall due; or

    32.3.5 you default under any other obligation or agreement with us.

    32.4 In the event of any def

    32.4.1 the balance of any and all loans and facilities as well as all accrued interest, charges and fees shall become immediately due and payable by you and we have the right to demand the immediate payment of such. We may apply any such payment from you as we see fit in the event of any default by you, whether or not such payment is in respect of the loan or facility in default;

    32.4.2 we may enforce any security provided by you in respect of any loan or facility, whether or not such security was provided in respect of the loan or facility in default;

    32.4.3 we may take any and all action and exercise such rights and remedies provided under these Terms and Conditions or under applicable law; and

    32.4.4 present any and all cheques for collection that have been provided to us by you.

    32.5 You acknowledge and agree that any default by you in respect of any loan or facility with us shall constitute a default for any and all loans and facilities that you hold with us.

    32.6 Where you wish to prepay any loan in full or in part prior to its maturity date, you must provide prior notice to us and we may require the prepayment to be of a certain threshold or percentage, as well as a prepayment charge. Following receipt of your prior notice of prepayment, we will advise you of the principal amount outstanding, interest, monthly instalments (if any), prepayment charges and any other amounts due to us in respect of the prepayment in whole or in part.

    32.7 Any amounts received from you in repayment of any loan, the amounts shall be applied in the following order:

    32.7.1 the repayment of any costs and expenses;

    32.7.2 the repayment of any fees;

    32.7.3 the repayment of the interest; and

    32.7.4 the repayment of the principal.

    In each case, we shall first apply the amounts received from you towards each of the items in each category that have been outstanding for the longest period of time. Any funds received from you in excess of the scheduled payment shall be applied towards the outstanding principal amount.

Part 4 – Website Terms and Conditions

  1. By using our site you accept these terms

    33.1 These terms tell you the rules for using our website www.bdb-bh.com (our site). By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

    33.2 If you do not agree to these terms, you must not use our site.

    33.3 We recommend that you print a copy of these terms for future reference.

  2. There are other terms that may apply to you

    34.1.1 information about the cookies on our site.

    34.2 If you apply for any products or services from our site, other sections of these Terms and Conditions will apply to these products and services.

  3. We may make changes to our site

    We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

  4. We may suspend or withdraw our site

    36.1 Our site is made available free of charge.

    36.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

    36.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  5. Our site is only for users in the Kingdom of Bahrain

    Our site is directed to people residing in Bahrain. We do not represent that content available on or through our site is appropriate for use or available in other locations.

  6. You must keep your account details safe

    38.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

    38.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

  7. How you may use material on our site

    39.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    39.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

    39.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    39.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

    39.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

    39.6 If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  8. No text or data mining, or web scraping

    40.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

    40.1.1 any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and

    40.1.2 any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

    40.2 The provisions in this clause should be treated as an express reservation of our rights in this regard.

    40.3 This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

    40.4 This site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in Bahrain. By continuing to access, view or make use of this site and any related content and services, you hereby warrant and represent to us that you are located in the Bahrain. If you are not located in Bahrain, you must immediately discontinue use of this website and any related content and services.

  9. Do not rely on information on this site

    41.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

    41.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

  10. We are not responsible for websites we link to

    42.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

    42.2 We have no control over the contents of those sites or resources.

  11. How we may use your personal information

    43.1 You are solely responsible for securing and backing up your content.

  12. We are not responsible for viruses and you must not introduce them

    44.1 We do not guarantee that our site will be secure or free from bugs or viruses.

    44.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

    44.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

  13. Rules about linking to our site

    45.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    45.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    45.3 You must not establish a link to our site in any website that is not owned by you.

    45.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

    45.5 We reserve the right to withdraw linking permission without notice.

Part 5– Tijara End-User Agreement

  1. Terms applicable to Tijara

    46.1 We license you to use:

    46.1.1 Tijara v2.0]mobile application software, the data supplied with the software, (App) and any updates or supplements to it;

    46.1.2 the related electronic documentation (Documentation); and

    46.1.3 the service you connect to via the App and the content we provide to you through it,

    as permitted in these Terms and Conditions and by using the App you agree to these Terms and Conditions.

  2. Your privacy

    47.1 We only use any personal data we collect through your use of the App and our products and services in the ways set out in our privacy notice.

    47.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any of our products and services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  3. Appstore’s terms also apply

    The ways in which you can use the App and Documentation may also be controlled by the relevant appstore in which you acquired it, whether that be the Apple Appstore or the Google Playstore, and their relevant rules and policies.

  4. Support for the App and how to tell us about problems

    49.1 If you want to learn more about the App or our products and services or have any problems using them, please take a look at our support resources at [NAME OF WEBSITE].

    49.2 If you think the App or our products and services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [EMAIL ADDRESS] or call them on [TELEPHONE NUMBER].

    49.3 If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

  5. How you may use the App, including how many devices you may use it on

    50.1 In return for your agreeing to comply with these terms you may:

    50.1.1 download or stream a copy of the App onto your phone and view, use and display the App and our products and services on such devices for your personal purposes only;

    50.1.2 use any Documentation to support your permitted use of the App and any or our products and services; and

    50.1.3 receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

  6. You must be 18 to accept these terms and buy the App

    You must be 18 or over to accept these terms and use the App.

  7. You may not transfer the App to someone else

    We are giving you personally the right to use the App and our products and services as set out in these Terms and Conditions. You may not otherwise transfer the App our products and services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

  8. Update to the App and changes to the products and services

    53.1 From time to time we may automatically update the App and change our products and services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

    53.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and our products and services.

  9. If someone else owns the phone or device you are using

    If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms and Conditions, whether or not you own the phone or other device.

  10. We may collect technical data about your device

    By using the App or any of our products and services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any of our products and services to you.

  11. We may collect location data (but you can turn location services off)

    56.1 Certain of our products and services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these our products and services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

    56.2 You may stop us collecting such data at any time by turning off the location services settings.

  12. We are not responsible for other websites you link to

    57.1 The App or any of our products and services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

    57.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

  13. Licence restrictions

    58.1 You agree that you will:

    58.1.1 except in the course of permitted sharing not rent, lease, sub-license, loan, provide, or otherwise make available, the App or our products and services in any form, in whole or in part to any person without prior written consent from us;

    58.1.2 not copy the App, Documentation or our products and services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

    58.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or our products and services nor permit the App or the our products and services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and our products and services on devices as permitted in these terms;

    58.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or our products and services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

    (a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;

    (b) is not used to create any software that is substantially similar in its expression to the App;

    (c) is kept secure; and

    (d) is used only for the Permitted Objective;

    58.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any of our products and services.

  14. Acceptable use restrictions

    59.1 You must:

    59.1.1 not use the App or any of our products and services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any of our products and services or any operating system;

    59.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any of our products and services (to the extent that such use is not licensed by these terms);

    59.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any of our products and services;

    59.1.4 not use the App or any of our products and services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

    59.1.5 not collect or harvest any information or data from any of our products and services or our systems or attempt to decipher any transmissions to or from the servers running any of our products and services.

  15. Intellectual property rights

    All intellectual property rights in the App, the Documentation and our products and services throughout the world belong to us (or our licensors) and the rights in the App and our products and services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or our products and services other than the right to use them in accordance with these terms.

  16. Our responsibility for loss or damage suffered by you

    61.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

    61.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

    61.3 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

    61.4 The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    61.5 The App is provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or our products and services. Although we make reasonable efforts to update the information provided by the App and any of our products and services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

    61.6 We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or any product or service.

    61.7 The App and our products and services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and our products and services (as described on the appstore site and in the Documentation) meet your requirements.

    61.8 If our provision of our products and services or support for the App or our products and services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any of our products and services you have paid for but not received.

  17. We may end your rights to use the App and the products and services if you break these Terms and Conditions

    62.1 We may end your rights to use the App and our products and services at any time by contacting you if you have broken these Terms and Conditions in a serious way. If what you have done can be remedied we will give you a reasonable opportunity to do so.

    62.2 If we end your rights to use the App and our products and services:

    62.2.1 you must stop all activities authorised by these terms, including your use of the App and any of our products and services.

    62.2.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and

    62.2.3 we may remotely access your devices and remove the App from them and cease providing you with access to our products and services.

Part 6 – Definitions

  1. Definitions

    In these Terms and Conditions, the following terms shall have the meanings set out below:

    “Account Information Services” means services allowing you to consolidate information about different payment accounts in order to review your aggregate financial position;

    “Agreed Limit” means the maximum debit balance permitted by us for the Bank Account or any other product or service offered by us, if any, as notified to you from time to time;

    “App” means our applications including Tijara v2.0;

    “Authorised Users” means any person whose information you provide or which is provided on your behalf to us and is authorised to give instructions on your behalf, whether by telephone or via the Online Banking Facilities or other similar means

    “Bahrain” means the Kingdom of Bahrain;

    “Bank Account” means any and all accounts opened in your name with us in accordance with these Terms and Conditions;

    “Biometric Identifiers” means unique biological traits such as retinas, irises, voices, facial characteristics and fingerprints that is used to verify your identity you or the Authorised Users and shall operate as security for the Bank Account, which are stored on an electronic device, such as a smart phone or computer;

    “Business Days” means any day from Sunday to Thursday on which banks are open for general business in Bahrain;

    “Business Hours” means 09:00 to [15:00] on any Business Day;

    “CBB” means the Central Bank of Bahrain; “Documentation” has the meaning set out in clause 48.1.2;

    “Fees” means the fees and charges payable to us by you in respect of our products and services in accordance with the Schedule of Fees;

    “Material Adverse Effect” means, in our opinion, a material adverse effect on:

    63.1.1 your business, operations, property or prospects;

    63.1.2 your ability to perform any obligations under any of our products or services;

    63.1.3 the legality, validity or enforceability of any Security created or purportedly created in relation to any of our products or services; or

    63.1.4 any of our rights or remedies under any of our products or services;

    “Online Banking Facilities” means the online banking facilities offered by us to you in respect of any account and all electronic banking or related services supplied via electronic channels and ancillary services that we provide, procure or make available to you from time to time;

    “Payment Initiation Services” means services that assist you to make any payment or transaction from the Bank Account; “Permitted Objective” has the meaning set out in clause 61.1.4;

    “Regulatory Authority” means the CBB and any other governmental, regulatory, financial market or other authority having jurisdiction over us or any subsidiary of us whether or not having the force of law; “Sanctioned Country” has the meaning set out in clause 29.1.8(a)ii; “Sanctioned Person” has the meaning set out in clause 29.1.8(a)i;

    “Sanctions” means the sanctions laws or regulations promulgated, administered or enforced by the US and Office of Foreign Assets Control, the United Nations, the European Union, or other applicable sanctions authorities;

    “Schedule of Fees” means our charges and fees for making the products and services available to you and is available on our website and on request from our physical branches;

    “Security” means a security interest securing any obligation in respect of any product or service offered by us to you including, but not limited to, mortgages, charges, pledges, liens, assignment and guarantees;

    “Statement” means the monthly or periodic statement produced by us and provided to you showing the balances and transactions of the Bank Account and any other product or service provided to you, as well as any fees or charges which are payable by you to us;

    “Terms and Conditions” means the terms and conditions contained herein as amended from time to time;

    “Third Party Provider” means an independent provider of services which offers Account Information Services or Payment Initiation Services to you;

    “Transaction” means any transaction or transfer, amendment or request provided by you through our various channels including, but not limited to, card payments, card applications, card activation, e-cheques, domestic or international transfers, opening of accounts, foreign exchange and trade finance applications;

    “United States Person” means a person that satisfies the criteria of such under the US Investment Advisors Act 1945;

    “Valid Instructions” means any written instructions from you or your Authorised Users made in connection with our products or services in the format and manner required by us depending on the channel with which you are interacting and the product or service being utilised; and

    “VAT” means:

    63.1.5 any tax imposed in Bahrain and other member of the other GCC states in compliance with the Unified VAT Agreement for the Cooperation Council for the Arab States of the Gulf on the common system of value added tax;

    63.1.6 any tax imposed in compliance with the Council Directive of 28 November 2006 on the common system of value added tax (EC Directive 112/2006);

    63.1.7 any other tax of a similar nature, whether imposed in Bahrain in substation for, or levied in addition to, such tax referred to in paragraph 66.1.5 above; and

    63.1.8 any other tax of a similar nature, whether imposed in a member state of the European Union in substitution for, or levied in addition to, such tax referred to in paragraph 66.1.6 above

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Last Updated: 30 Oct 2022
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