The Customer hereby agrees and acknowledges that the following terms and conditions ("Terms and Conditions") shall apply to the Customer's use of the Account/ Card with the Digital Wallet

 

1. Definitions:

 

1.1 Account: shall mean the account with the Bank in which all amounts relevant to the Card's transactions, fees, subscription, and expenses are recorded.

1.2. Bank: shall mean Kuwait Finance House

 

1.3. Customer: shall mean the holder of the Card who is legally authorized to use the same for card transactions.

 

1.4. Card: shall mean credit, debit and/or prepaid cards issued by the Bank to the customer, which is not expired, blocked, suspended or cancelled.

 

1.5. Device: shall mean smartphone, tablet and/or smart watch or any other device which the Bank and/or the Wallet Provider determines at its sole discretion that is technically compatible for enabling the Customer to use the Card with the Digital Wallet.

 

1.6. Digital Wallet: shall mean any digital wallet made available by a licensed third party on a secure platform where the Card may be registered and used for the purpose of any card transaction.

 

1.7. Passcode: means the secret code that is required to unlock the Device including a password, passcode, pin, pattern or biometric identifier.

 

1.8. Platform: shall mean the platform of the licensed third party(ies) which is enabling the Digital Wallet services, including without limitation, validation of Card credentials and transactions, mapping tokens back and forth between the Bank and the Customer.

 

1.9. Wallet Provider: shall mean the licensed third party which avail the Digital wallet to the Cardholders on a secure platform.

 

2. General Terms:

 

2.1 The Customer hereby agrees and understands that these Terms and Conditions are intended to be read in conjunction with the any agreement ("Agreement") the Customer may have with the Bank regarding the terms and conditions applicable to the Card and the Account, including without limitation, the general terms and conditions applicable to all accounts and mobile banking terms and conditions and in the event of any inconsistency between these Terms and Conditions and the Agreement, the Terms and Conditions shall prevail.

 

2.2 These Terms and Conditions are subject to change from time to time at the Bank' sole discretion and the publication of any change on the official website ("Website") of the Bank shall be deemed as a sufficient notice to the Customer who shall be responsible to review any updated terms before adding or using the Card with the Digital wallet. The Customer shall be deemed to have acknowledged and accepted any change in the Terms and Conditions by its addition or use of the Card with the Digital Wallet.

 

2.3 No failure or delay on the part of the Bank in exercising any power or right shall operate as a waiver of such power or right, nor shall any single or partial exercise of any such power or right preclude other or further exercise of any other power or right.

 

2.4 These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Kuwait without prejudice to the principles of Islamic Sharia and any dispute between the Bank and the Customer arising out of or in connection with these Terms and Conditions shall subject to the exclusive jurisdiction of the Kuwaiti Courts.

 

3. Adding Card to Digital Wallet:

 

 

3.1 The Customer shall follow the instructions and requirements of the Wallet Provider to add his/ her Card to the Digital Wallet. Only the Card(s) that the Bank indicates are eligible may be added to the Digital Wallet. If the Card or the Account is not in good standing, that Card will not be eligible to be enrolled in the Digital Wallet. When Customer adds the Card to the Digital Wallet, the Digital Wallet will allow him/her to use the Card to make transactions where the Digital Wallet is accepted. The Customer shall understand that the Digital Wallet may not be accepted at all places where the Card is accepted.

 

3.2 The Customer shall contact the Wallet Provider to know how to remove the Card from the Digital Wallet. The Bank may at any time, upon the Customer's request, block the Card added to the Digital Wallet.

 

3.3 The Customer hereby understands and acknowledges that the registration of the Account or the Card with the Digital Wallet shall be deemed an automatic authorization and instructions to the Bank to process the Customer's information (including personal data) and transfer the same to the Wallet Provider (or any relevant third party) as may be required to enable the Customer to use the Account and/or the Card on the Digital Wallet.

 

3.4 Upon the Customer's registration of its Card/ Account on the Wallet, the Wallet Provider shall be responsible for (a) verification of the Customer, Account and the Card with the Bank; (b) creation of a token in order for all details to be encrypted, and (c) any operational or customer support or assistance required by the Customer in relation to the Digital Wallet.

 

3.5 The Customer agrees and understands that the registration of the Card and/or Account on the Digital Wallet requires the Customer to download and/or install the respective application and/or the software on the Device as required by the Wallet Provider and such download and/or installation are subject to the terms and conditions of the application/ software as updated from time to time.

 

4.Customer Responsibilities:

 

4.1 The Customer shall obtain and maintain all the hardware and software that are required to register and use the Card with the Digital Wallet.

 

4.2 The Customer shall always keep the Passcode in a safe place for his/her personal use only and not to disclose the same to any third Parties. The Customer shall be liable to the Bank and third parties for all actual damages and losses that may be resulted from the misuse of the Passcode by any third party and undertakes to immediately indemnify the Bank for any respective losses or damages.

 

4.3 The Customer shall at all times keep the Device attended and to immediately notify the Bank in case his/her Device and/or Passcode were lost, stolen or used in any suspicious transaction and, in such event, the Customer will remain responsible for all transactions and the respective fees until the Bank receives a notice and request from the Customer to block the Card.

 

4.4 The Customer shall read and understand any agreements with the Wallet Provider before adding or use any Card or Account through the Digital Wallet.

 

4.5 The Customer shall indemnify and hold the Bank harmless against any actual damages, losses, expenses, or fees (including professional fees on full indemnity basis) that may arise out of the Customer Performance of unauthorized acts, negligence and/or his/her failure to strictly observe these Terms and Conditions as amended from time to time.

 

 

5. Bank Records:

 

5.1 The Customer shall always be held liable for all transactions executed on the Account and the Card and irrevocably accepts that the Bank's record of these transactions is final and binding for all purposes and waives any right to contest or dispute the correctness of such records.

 

5.2 The Customer hereby irrevocably, unconditionally, and without any right to protest, authorizes the Bank to reverse any entry found to be made in error or omission, set-off funds, settle outstanding obligations, or take any other actions that are deemed appropriate to the Bank on the Account and/or the Card.

 

 

6. Customer Support:

 

6.1 The Customer understands that the services available at the Digital Wallet is provided by the Wallet Provider and accordingly, the Bank shall not be responsible for the provision of any operational support or assistance pertaining to the Digital Wallet or any Platform, software, or application.

 

6.2 Any issues or queries in relation to the operation of the Digital Wallet or any Platform shall be addressed to the Platform, Wallet Provider or appropriate third party in accordance with the applicable customer support procedures with such Platform, Wallet Provider or third party.

 

7. Transactions:

 

7.1 Any terms, conditions, fees, charges, expenses which are applicable pursuant to the Bank's terms and conditions (as amended from time to time) shall be deemed automatically applicable to the Customer's use of the Account or the Card with the Digital Wallet. The Customer agrees, accepts, and authorizes the Bank to debit the Account with all fees, charges and expenses arising from his/her use of the Digital Wallet. Any fees and charges imposed by the Bank are exclusive of taxes and accordingly, the Bank may add the applicable taxes to the same.

 

7.2 in addition to the Bank's applicable fees and charges, the Customer understands that the Wallet Provider and/or the Platform may levy charges as specified in any applicable terms and conditions that made available therein.

 

7.3 The Bank reserves the right to decline any transaction if there is a suspected breach of these Terms and Conditions, or that fraudulent or illegal activity is taking place, or for any other reason that requires such action at the Bank's sole discretion.

 

 

8. Exclusion of Bank Liability:

 

8.1 The Customer fully understands that the Bank is not the service provider of the Digital Wallet or an agent of the Wallet Provider or the Platform in any manner and it shall not be responsible for the availability and the provision of Digital Wallet' services to the Customer; the Bank shall only be responsible for the provision of the required information of each Customer to the Digital Wallet in accordance with the Customer's authorization and instructions herein, and subject to the Platform and the Digital Wallet's terms and conditions.

 

8.2 The Bank shall be entitled to rely on any instructions which the Bank believes in good faith to be genuine and to have been received from the Customer. The Customer accepts all risks of misunderstanding and errors, and the risk of instructions are given fraudulently and/or by any unauthorized instructions. The Customer agrees to indemnify the Bank, its offices, employees, agents and representatives from and against all actions, proceedings, damages, costs, claims, demands, expenses and losses which the Bank may suffer or incur as a result of the Customer's instructions.

 

8.3 The Bank shall not be liable for any loss, damages, expenses, costs or damages of whatsoever nature that may affect the Customer unless such damages are mainly attributed to the Bank's gross negligence or wilful misconduct.

 

8.4 The Bank shall not be liable for any cyber piracy over the Internet, or any fraudulent resulted from the Customer's failure to maintain the confidentiality of the Passcode, Card's credentials or failure to observe any precautionary measures.

 

 

9. Acceptance:

 

The Customer acknowledges that (i) the Bank has advised him/her of all the information concerning the product/ service rendered to him/her; (ii) he/she has perused all terms and conditions pertaining to the product/ service and has entirely accepted the same; (iii) he/ she is well cognizant of the financial impacts and contractual obligations relevant thereto, including, advantages, risks, details of price, commissions and fees relevant to the product/ service; (iv) he/she possess the legal capacity to abide by the afore-mentioned obligations.