Pearl Points

WEBSITE USER AND MEMBER AGREEMENT

These terms and conditions apply to the access to the [www.websitedetails] for the "Customer Loyalty Programme" ("Site") and use of the services provided through this Site, any mobile application by Ahli Bank SAOG and Ahli Islamic Bank SAOG (the "Bank") and any other approved electronic medium (the "Services"). By accessing this Site and/or using the Services, you agree to be bound by these terms of access and the Bank's online banking agreement below (the "Agreement") (together, the "Terms and Conditions"). If at any time you do not accept any of the Terms and Conditions, you must immediately discontinue all access to this website and use of the services.

These Terms and Conditions shall be construed in accordance with the laws and regulations applicable in the Sultanate of Oman and the regulations issued by the Central Bank of Oman.

1. Definitions

In this document, the following words and phrases shall have the following meanings as set below unless the context indicates otherwise:

"Cardholder" means any cardholder or refers to a customer of the Bank to whom a debit and/or credit card is issued by the Bank including supplementary cardholders (as the case may be).

"Card" means all principal and supplementary debit or credit card issued by the Bank

"Site" means the Bank's website or www.ahlibank.om

"Terms and Conditions" mean these terms and conditions, including any amendments to the same.

2. General

This Site is operated and maintained, and the Services are provided by the Bank (commercial registration number 1558560 ("we", "us" or "our") and our third party vendors. By (i) accessing this Site and any of its pages and/or (ii) using any of the Services, the Cardholder is agreeing to these Terms and Conditions.

These Terms and Conditions shall be read in conjunction with any instructional material in relation to your subscription, use of the facilities, products and services granted or provided by Ahli Bank SAOG, Ahli Islamic Bank SAOG and/or any of its subsidiaries, affiliates and business partners including:

  • The terms and conditions governing the operation of an account(s) with the Bank
  • The Bank's credit card ("Card") terms and conditions or any other terms governing the use of or access to the Card
  • The Bank's Net-Banking and Mobile Banking Application terms and conditions
  • and any other terms and conditions or any agreements which governs any such facilities, products and services, as applicable

If there is any inconsistency or conflict between these Terms and Conditions any or all of the terms and conditions stated above, these Terms and Conditions (including any opinion of, requirement by, and matter or circumstances acceptable by the Bank, any determination of any period or duration of time by the Bank, and any objection issued by the Cardholders) must be reasonably exercised by the Bank, or made in the Bank's reasonable discretion.

3. User Representations

The Cardholder represents and warrants that it is at least 18 years of age and that it possesses the legal right and ability to enter into this Agreement and to use the Site and partner websites and/or using the Services in accordance with these Terms and Conditions. In case of accounts opened for and on behalf of minors, the Site and/or the Services will be at the risk and consequences of the guardian and the Bank shall not be liable for any loss on that account in case the Site and Services is accessed by the minor. In such an event the transaction will be deemed to have been undertaken by the guardian.

4. Restrictions on Use

(a) The Cardholder agrees to use the Site solely for its own personal and non-commercial use. Further, the Cardholder agree not to:

  1. (i) interrupt or attempt to interrupt the operation or attempt to gain unauthorized access of the Site in any way, disrupt the security of the Site's resources, provide information which is inaccurate or false or otherwise use the Site in a manner that adversely affects the availability of its resources to other users;
  2. (ii) Use the Site for any illegal purpose or in any manner that is inconsistent with these Terms and all applicable laws and regulations; or
  3. (iii) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, the Site.

If at any time the Cardholder discovers or suspects that any of these activities have taken place, the Cardholder must notify the Bank immediately. If the Cardholder fails or delays in doing so, the Cardholder may also be held liable for the same, even if undertaken by a third party using the Cardholder?s account or log-in details.

5. User's Agreement

The Cardholder agrees: (a) to maintain all equipment required for its access to and use of the Site (b) to maintain the security of its user identification, password and other confidential information relating to its Ahli Bank SAOG or Ahli Islamic SAOG account ("Account") (c) to be responsible for all consequences resulting from use of its Account, use of its Account by others (including minors) or unauthorized use (d) to notify the Bank, immediately if users become aware of any unauthorized use of its Account and (e) that each username and password must be used by a single user and are not transferable.

6. Modifications

The Bank, reserves the right to modify this Agreement, the Site and the content from time to time in any manner. Such modifications will be effective immediately upon notification on this Site. The Cardholder's continued use of the Site, or any of the materials contained on the Site, following such notification will be deemed its conclusive acceptance of the modified Terms and Conditions.

7. Email Policy

It is assumed upon signing up that the Cardholder is willing to receive emails from the Bank, via Ahlibank@ahlibank.om for the confirmation and the registration of the Bank's products and for receiving information on products via the Banks' newsletter. Emails are essential for confirmation and reservation and will not be sent unless the Cardholder consents to receiving such email.

8. Fees and Charges

The Cardholder agrees and acknowledge that for certain Services (whether provided now or in the future), the Bank may require for the Cardholder to register with the Bank in order to access and use such Services. The Cardholder agrees and acknowledge that in such instance, the Bank has the right to levy a charge for such registration and/or access to and use of such Services or any portion of such services, in which case, such charges may be notified to you. If in such case, the Cardholder proceeds to register, the Cardholder will be deemed to have agreed to such charges.

9. License

The Cardholder shall have no rights or licenses in or to use the Site and materials contained on the Site other than the limited right to use the Site in accordance with these Terms and Conditions. The Cardholder shall not copy, display, modify, create derivative works of, publish, or sell the Banks' content or any information, software, or services provided by the Bank. The Bank may modify the Site content from time to time in its sole discretion. Except as expressly set forth herein, no license is granted to user for any other purpose, and any other use of the Service or the Site content by the Cardholder shall constitute a material breach of this Agreement. In the event that the Cardholder chooses to download content from the Site, the Cardholder must do so in accordance with these Terms and Conditions. Such download is licensed to the Cardholder by the Bank only for its own personal, non-commercial use (subject to the Cardholder maintaining all relevant copyright and proprietary notices contained therein intact), in accordance with the Terms and Conditions and does not transfer any other rights to the Cardholder. Nothing in this Agreement shall affect any rights of the Bank or its licensors in the service or the Site content, and any associated patents, trademarks, copyrights, designs, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of the Bank or any third party is granted under this Agreement.

10. Copyright

All material on this Site (collectively "Copyright Material") and their arrangement is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site and is protected under the law.

11. Trademarks

The trademarks and logos displayed on the Site (collectively the "Trademarks") are trademarks of the Bank and/or its affiliates, unless otherwise specified. The businesses promoted on the site provide their own logos and graphics from time to time and they warrant owning the copyright to display these images on our site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trademarks displayed on the Site without the express written permission of the Bank or such other third-party owner. The Cardholder must retain, on all copies of material downloaded from this Site, all copyright and other proprietary notices contained in the material. The use of Copyright Material and/or Trademarks by you, or anyone authorized by the Cardholder, is prohibited unless expressly permitted by these Terms and Conditions, or express permission is provided elsewhere on the Site or the Bank provides express permission. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes.

12. Intellectual Property Rights

Any material (including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination of the same) (the "Content") available on the Bank's Website and via the Services is at all times protected by copyright, any other applicable intellectual property or proprietary rights, owned exclusively by the Bank or the relevant third party vendor (as applicable). The Cardholder agrees that the Content on the Website may not be reproduced, copied, transmitted (in any form or by any means), published, adapted, stored, distributed, displayed, licensed, modified, censored, or used in any manner without prior express written permission from the Bank. The Cardholder will not insert a hyperlink to this Site or the Services or "mirror" or frame the same or any portion of the same on any other websites or servers. All rights in this Site and the Services which are not expressly granted to the Cardholder under these Terms and Conditions or otherwise, are at all times expressly reserved by the Bank.

13. Hyperlinks

This Site may contain links to other websites the Bank is not responsible for and does not control the content of any website linked to or from the Site. Any links to other websites are for the Cardholder's convenience only and the Bank makes no warranty or representation regarding and, unless expressly stated by the Bank on the Site, does not endorse or recommend the owner/sponsor, products or services or the content of any linked websites. The Bank disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such websites. The Bank neither warrants nor represents that a user's use of any materials on linked websites will not infringe rights of third parties not owned by or affiliated with the Bank.

14. No warranties

The Bank assumes no responsibility and will not be liable for any damages to or viruses that may infect your computer equipment or other property due to the Cardholder accessing and/or use of the Site or any linked websites, or your downloading of any materials, data, text, images, video or audio from the Site or any linked websites. The Bank assumes no responsibility for computer systems, hardware, software or program malfunctions or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information. The Bank reserves the right, in its sole discretion, to cancel or suspend this program should any virus, bugs, or other causes beyond the Banks' control which corrupt the administration, security or proper function of this Site. The Site is provided on an "as is" and "as available basis". The material on this Site may contain inaccuracies and typographical errors. The Bank does not warrant the accuracy or completeness of the material or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site (express or implied). The Cardholder acknowledges that any reliance on any such opinion, advice, statement, memorandum or information will be at its own risk.

15. Review of Postings & Uploads

The Cardholder may send and receive electronic mail ("email"), and otherwise use this Site as permitted by this Agreement, the operating policies of the Bank and applicable law. The Cardholder's participation in on-line communications and communities occurs in real time and is not edited, censored, or otherwise controlled by the Bank. The Bank does not and cannot review all communications and materials posted or uploaded to the Site and are not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication or materials. The Bank reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, or infringes another person's rights (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, or other intellectual property right of another (d) is to encourage conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law (e) offensive, objectionable on the grounds of public morals and decency or otherwise unacceptable; (f) contains any viruses or other malicious code; and/or (f) determines to be harmful, offensive or otherwise in violation of this Agreement or the operating policies of the Bank for its users. The Bank will fully cooperate with any law enforcement authorities or court order requesting or directing the Bank to disclose the identity of anyone posting such communications or materials. Statements made in websites, newsgroups, message boards, email, forums, conferences, and chats reflect only the views of their authors, and do not necessarily reflect those of the Bank.

16. Registration / activation

In order for users to be able to access the services offered by the Bank at the Site, users must register by completing their registration details in the manner described at the Site. The Bank reserves the right to terminate the Cardholder's memberships at any time if the Cardholder breaches these Terms and Conditions. The Cardholder agrees to ensure that its registration details are always true and accurate. Specifically, users must notify the Bank of any change to its registration details. Upon registration, users will need to provide a login id and password.

17. Term and Termination

The Bank may terminate or restrict the Cardholder's access to or use of the Site or any part of the same at any time, with or without cause, upon notice of such termination or restriction by way of a notice displayed at the Site or any other manner as determine by the Bank except where circumstances are beyond the control of the Bank to do so or where necessary in connection with any violation of applicable laws. The clauses will survive any termination of this Agreement.

18. Liability

Without limiting the generality of Clause 18, the Bank, , any related body corporate and affiliatesare not liable for any loss, damage, personal injury or death whatsoever (including, but not limited to, direct, indirect, special, incidental, or consequential losses, damages or expenses ) suffered or sustained in connection with:

  1. (i)any inaccurate, incorrect or incomplete information, data or instructions provided by the Cardholder;
  2. (ii)any use of the Site or the Bank content; or
  3. (iii)any use of the services offered or products provided by the Bank or its associated agencies; or
  4. (iv)any act or omission of the Bank and its associated agencies or any person associated with any of them; or
  5. (v)any failure or delay (including, but not limited to, the use of inability to use any component of the service or the Site for reservations); or
  6. (vi) the performance or non-performance of any merchant in connection with the Banks' service, except for any liability which cannot be excluded by law; or
  7. (vii)any malfunction, breakdown, disruption and/or unavailability of the Site or Services or any portion of the Site or Services, however arising; or
  8. (viii) the corruption, destruction, alteration, loss of or error in your Instructions or any data or information in the course of transmission through the Site and/or Services; or
  9. (ix) any remote interception as a result of a malicious program stored in any telecommunications, computer or any other devices whether or not owned, operated or maintained by the Cardholder; or
  10. (x)any unauthorised (i) access and/or use of the Site and the Services by any person, whether remotely performed or otherwise and or (ii) access by or theft of information by unauthorized third parties in relation to information transmitted through Site due to the Cardholders' failure to observe your obligations under any of the Bank's terms and conditions;
  11. (xi)any prohibition, suspension, delay or restriction of the Cardholders' access to the Site by the laws and regulations of any country from which the Cardholder is access the Site.

Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in this Agreement or in any other agreement or terms and conditions between the Bank and the Cardholder, to the fullest extent permitted by law, the Bank or its affiliates will not be responsible or liable to the Cardholder for any remote or consequential loss (including but not limited to loss of profits or opportunity loss), or for punitive damage, whether arising from any breach of the Bank's obligations to the Cardholder or otherwise.

19. Liability Release and Indemnification

The Cardholder hereby releases and discharges and agrees to indemnify, reimburse, protect, defend and hold harmless: a) the Bank and any related body corporate and affiliates, b) the Bank's organizers, directors, officers, employees and agents; and c) the other participants and/or users ("Released Parties"), for all actions, cause of action, claims, damages, loss, personal injury, illness or death, claims, liabilities or expenses of any kind (including those by third parties), including reasonable attorney's fees of any nature or kind (and whether accruing to the Cardholder, its heirs or personal representatives), that are caused or alleged to be caused in whole or in part or relation from by reason of:

  1. (a)an act or omission of any Released Party that arises out of or in connection with its use of the Site, or
  2. (b)resulting from any violation of this agreement or any activity related to the Cardholders' account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by it or any other person accessing the Site using its service account; or
  3. (c)any failure by the Cardholder to comply with any the Agreement and any of the terms and conditions applicable to the Cardholder.

In no event will the Bank's total liability to the Cardholder for all actual damages, losses, causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by the Cardholder, if any, for accessing this Site., provided that the Cardholders' claim is supported by documentary evidence.

The foregoing provisions regarding indemnification and waiver and release and limitation of liability are for the benefit of the Bank and its officers, directors

20. Third-party rights

The foregoing provisions regarding Indemnification and Waiver, Release and Limitation of Liability are for the benefit of the Bank and its officers, directors, employees, agents, licensors, suppliers and information providers. Each of these individuals or entities has the right to assert and enforce those provisions directly against the Cardholder on its own behalf.

21. Availability

This Site is not intended for distribution to, or use by, ay person or entity on any jurisdictions or country where such distribution or use would be contrary to local law or regulation. By offering this site and information, or any products or services via this Site, no distribution or solicitation is made by the Bank to any person to use this Site, or such information, products or services in jurisdictions where the provisions of this Site and such products and services are prohibited by law.

22. Privacy Clause

By accessing the Site or using any of the Services, the Cardholder has irrevocably agreed to be bound by the Banks' privacy notice which is available at https://ahlibank.om/privacy-policy/ and these Terms and Conditions as it may relate to the processing of the Cardholders' personal information. The Cardholder shall read and understand the Banks' privacy notice in addition to these Terms and Conditions before continuing to access the Site or using the Services. For the avoidance of doubt, the Cardholder agrees that such Privacy Notice will be deemed to be incorporated by reference into these Terms and Conditions.

23. Governing Law and Jurisdiction

The laws of the Sultanate of Oman govern these Terms, Conditions, any dispute arise out of or in connection with the Terms, and Conditions shall be referred to the exclusive jurisdiction of the Omani courts to the extent that such laws do not conflict with the principles and rules of Shari'a.

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