These terms and conditions (“Online Banking Terms and Conditions”) govern the use of the online banking services (the “Online Banking Services”) provided by Sharjah Islamic Bank PJSC (the “Bank”). These Online Banking Terms and Conditions shall be read in conjunction with and form integral part of the terms and conditions governing the Account. The Customer agrees that the Online Banking Terms and Conditions may be further supplemented and/or amended by the Bank with additional terms and conditions in the form of online electronic notices and/or click-through agreements supplied to the Customer. Online Banking Terms and Conditions shall apply to the Customer and shall form legally binding contract between the Customer and the Bank. First use of the Online Banking Services implies that the Customer has fully read, understood and accepted the Online Banking Terms and Conditions.

1. Definitions

The following words and expressions shall have the following meaning:

Account means a personal account either current, investment saving or Watany Investment opened and maintained by the Customer in the Customer’s name, for the purposes of the utilization of the Online Banking Services.

Business Day means Sunday through Thursday (excluding holidays declared by the UAE Central Bank).

Customer means a customer that applies for and utilizes the Online Banking Services and holds the Account with the Bank.

Online Banking means the Bank’s website www.sibonline.ae used for accessing the Online Banking Services

Online Banking Services means the services provided by the Bank where Customer can manage aspects of his/her account over the Internet.

Password means the personal identification code composed of an alphanumeric value, created by the Customer at the time of logging on to the Online Banking.

TPIN means the 4-digit telephone pin/IVR password selected by the Customer through telephone registration

Transaction means any/all financial and non-financial transactions available through the Online Banking Services

User ID means user identification created by the Customer to be used by the Customer in conjunction with the Password when logging on to the Online Banking Services, for the purpose of identification of the Customer by the Bank; and

UAE means the United Arab Emirates.

2. Registration

1. 2.1 The Customer shall register for the Online Banking Services by completing the online registration process using the ATM card number or credit card number and a valid TPIN through which the Customer will be able to create the User ID and Password.
2. 2.2 At the registration, the Customer shall carefully read the Online Terms and Conditions. By ticking the designated box, the Customer shall be deemed to have agreed and accepted the Online Banking Terms and Conditions.
3. 2.3 The Bank Online Services shall be immediately available to the Customer upon the acceptance of the registration and by logging on to the Online Banking Services using the User ID and the Password.

3. Customer’s Representations and Undertakings

1. 3.1 The Customer represents and warrants to the Bank that each time the Customer uses the Online Banking Services:
   1. 3.1.1 The Customer has all necessary power, authority and approval to enter into and perform the obligations under the Online Banking Terms and Conditions;
   2. 3.1.2 The Customer shall comply with all local laws applicable to any access to and use of the Online Banking Services, including, but not limited to, the Federal Law No. 1 of 2006 concerning Electronic Transactions and Commerce Law.
   3. 3.1.3 The Customer’s entering into and performance of the Online Banking Terms and Conditions does not violate, breach, conflict with or constitute a default under any law, regulation, rule, judgment, contract or other instrument binding on the Customer or any of its constitutional documents.
2. 3.2 The Customer undertakes that he/she shall:
1. 3.2.1 Be familiar with the Online Banking Terms and Conditions and agree to be bound hereby in his/her use of the Online Banking Services;
2. 3.2.2 Comply with all security procedures provided by the Bank and must take all reasonable steps to prevent fraudulent or unauthorized use of or access to the Online Banking Services;
3. 3.2.3 Execute any additional documents that may be required by the Bank prior to providing any exiting or additional services under the Online Banking Services, failure of which, the Customer shall no longer be entitled to use the Online Banking Services and the Bank has the right to withdraw such services;
4. 3.2.4 Not use the Online Banking Services for any purpose that is unlawful or not permitted, expressly or implicitly, by the terms of the Online Banking Terms and Conditions or by any applicable law or regulation. The Customer further undertakes that he/she will not use the Online Banking Services in any manner that could damage, disable or impair the Online Banking Services or interfere with any other party's use and enjoyment of the Online Banking Services.

4. Instructions

1. 4.1 All instructions of the Customer executed by using the Online Banking Services shall be at the Customer’s own costs and risks and the Customer shall be bound by such instructions.
2. 4.2 The Customer understands and agrees that the Bank will rely on the information provided by the Customer and hereby authorizes the Bank to rely and act on such information.
3. 4.3 The Customer is responsible for the accuracy of information submitted to the Bank and the Bank shall not bear any liability for any loss or damage arising from or in connection with any erroneous or insufficient information provided to the Bank.
4. 4.4 The Bank may rely and act upon all instructions and the Customer will be bound by any agreement entered into between the Customer and the Bank and is hold liable for any loss incurred by the Bank in relying on such instruction.
5. 4.5 The Bank may rely on the authenticity of the Transactions conducted by the Customer. The Customer hereby ratifies and endorses all or any actions done by the Customer.
6. 4.6 The Bank is not obliged to make any investigations or take any other steps to authenticate instructions or information given by the Customer. With respect to the identity of the Customer accessing the Online Banking Services, the Bank shall rely on the authenticity of the User ID and Password provided and/or any other additional security methods/devices implemented by the Bank at its absolute discretion.
7. 4.7 The Bank may refuse to execute any requests, instructions or services requested by the Customer if the Customer fails to comply with the Online Banking Terms and Conditions or in the event that any information provided by Customer is found incorrect or violates any UAE laws or regulations. If the Bank has any reasons to doubt the genuineness of the instructions and/or Transactions, the Bank may, at its own discretion, choose not to process the instruction and/or Transaction.

5. Security

1. 5.1 The Customer shall be responsible for keeping the User ID and Password strictly confidential and should not disclose the same to any person.


2. 5.2 The Customer shall be responsible for the usage of the User ID and Password or other identification method or devices used to access the Online Banking Services as well as the usage of the same by the Customer or any other third parties.
4. 5.3 The Customer shall notify the Bank immediately in case of loss, disclosure or misuse of the User ID or Password or any breach of the security procedures prescribed by the Bank. The Customer shall take full responsibility for any Transactions affected by his/her disclosure or misuse or any loss incurred as a result of the same.

6. Indemnity

1. 6.1 The Customer shall unconditionally and irrevocably indemnify the Bank (and its directors, officers, employees and agents) to the fullest extent permitted by law and, at all times, defend and hold the Bank harmless against any and all claims, demands, actions, suits, damages and liabilities of whatsoever nature (any actual liability being hereinafter referred to as a (“Claim”) caused by the Customer, where such Claim in any way whatsoever relates to or arises out of the subject matter of the Online Banking Terms and Conditions, unless caused by the Bank’s gross negligence or willful misconduct.


2. 6.2 In no circumstances will the Bank be liable for any consequential, indirect, economic, special or punitive damages. The Bank does not guarantee the accuracy, completeness and timeliness of information set out or included on the Online Banking Services and any information made available through the Online Banking Services is subject to amendment and change from time to time, at the Bank’s sole discretion.
3. 6.3 The indemnities given under this clause will survive the termination of the Online Banking Terms and Conditions or closures of Account(s) with the Bank provided that the indemnities relate to Claims arise prior to such termination or closure.

7. Liability and Warranty

1. 7.1 In the absence of gross negligence or willful misconduct, the Bank (and its directors, officers, employees, representatives and agents from time to time), shall not, under any circumstances, be liable to the Customer in respect of any loss of whatever nature incurred by the Customer or any third party, whether direct or indirect, arising out of or in connection with the following:
   1. 7.1.1 Any delay, incomplete Transaction, non-receipt, error or omission howsoever caused, including failure or unavailability of any communication network, breakdown in communication and/or electronic system which may occur in the transmission of the Customer's instructions;
   2. 7.1.2 Any change, alteration, addition or deletion to the Online Banking Terms and Conditions or the Online Banking Services;
   3. 7.1.3 Hacking, unauthorized access, virus attacks and other deliberate attempts by third parties that may breach the security features of the Online Banking Services;
   4. 7.1.4 Any failure by the Bank to recognize false, forged or altered instructions or documentation which it reasonably believes to be authorised by the Customer.
      
2. 7.2 The Bank shall not be responsible for the accuracy and completeness of any information received from banks or financial institutions other than the Bank. In no event shall the Bank shall be liable to the Customer for any damages that the Customer may suffer by relying on information received from banks and financial institutions other than the Bank.
3. 7.3 Except as expressly set forth in the Online Banking Terms and Conditions herein, the Bank disclaims warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, and the Bank makes no warranty or representation regarding the accuracy or reliability of any information including such information as retrieved by the Customer from the Account or any results that may be obtained from the use of the Online Banking Services, or that the Online Banking Services will meet requirements of all users, be uninterrupted, timely, secure or error free.

8. Right of the Bank to obtain information

1. 8.1 The Bank reserves the right to obtain all information as the Bank deems reasonably necessary to ensure that there is no violation of law in the Customer’s use of the Online Banking Services, including, but not limited to, laws and regulations with respect to anti money laundering applicable in the UAE or of the country(s) from which Online Banking Services are accessed.
2. 8.2 The Customer shall be responsible for the prevention of money laundering and shall ensure compliance of the same and hereby undertakes to provide to the Bank any information regarding the same as may be required by the Bank or for purposes of the compliance of the applicable laws and regulations.

9. Fees and Charges

1. 9.1 The Customer agrees to pay all fees, expenses, and charges (“Charges”) for the use of the Online Banking Services which the Bank may change from time to time at its sole discretion and directly debit to the Customer Account and the Bank shall debit to the Account such fees, expenses and charges.
2. 9.2 Such Charges shall be per the Bank’s schedule of fees, commission and charges, made available online to the Customer.

10. Confidentiality

The Customer and the Bank agree to treat each Communication as confidential. This clause shall be binding on the parties and will survive the termination of the Online Banking Services pursuant to the Online Banking Terms and Conditions. For the purposes of this clause, “Communication” means each transmission of information between the parties including without limitation any instruction, order request to perform a given Transaction.

11. Intellectual Property Rights

1. 11.1 The Customer acknowledges and agrees that any and all intellectual property rights in and relating to the implementation of the Online Banking Terms and Conditions, which have been produced by or for the Bank belong solely to the Bank. The Bank shall have the absolute right to utilize the intellectual property rights to its benefit and advantage and make any alteration or improvement thereof at any time, in any manner it deems fit.
2. 11.2 The Customer has no right or interest in the intellectual property rights by virtue of the Online Banking Terms and Conditions.
3. 11.3 In relation to the intellectual property rights which are the subject of the Online Banking Terms and Conditions the Customer shall abide by the following:
4. 11.3 In relation to the intellectual property rights which are the subject of the Online Banking Terms and Conditions the Customer shall abide by the following:
   1. 11.3.1 The Customer shall not sell, give, grant, assign or in any way dispose or attempt to dispose of the intellectual property rights to any third party;
   2. 11.3.2 The Customer shall not register or apply for registration of any intellectual property rights in the UAE or in any other country; and
   3. 11.3.3 The Customer shall not in any way infringe the intellectual property rights.
5. 11.4 The Customer agrees to notify the Bank as soon as he/she is aware of any infringement of the Bank’s intellectual property rights or becomes aware of or suspects any unauthorised third party access to or use of intellectual property rights.
6. 11.5 In case of the Customer’s violation of or infringement of the intellectual property rights by any means without the Bank’s prior written and documented consent, the Bank shall be entitled to take any legal action against the Customer and seek compensation for such infringement and / or serve a written notice to the Customer for the termination of the Online Banking Terms and Conditions.
7. 11.6 The Customer agrees to treat at all times, the access rights, documentation, intellectual property rights or any other information related to the Online Banking Services as strictly private and confidential. The Customer shall have no right, without the prior written consent of the Bank (which may be withheld) to use, copy, reproduce, disclose or permit any other person or business entity to use or have access to such intellectual property rights.
8. 11.7 The Customer acknowledges and agrees that any and all intellectual property rights in and relating to the implementation of the Online Banking Terms and Conditions and all materials, documentation of the Online Banking Services and subsequent amendments including user guidelines in any form for use in connection with the implementation of the Online Banking Terms and Conditions shall constitute the property of the Bank.
9. 11.8 The obligations of the Customer in this clause shall continue in force notwithstanding termination of the Online Banking Terms and Conditions for whatsoever reason.

12 Suspension of Use of The Online Banking Services

The Bank reserves the right to suspend the Customer’s right to use the Online Banking Services, at any time and without prior notice to the Customer. In the event of such suspension, the Customer may request reinstatement of the Online Banking Services by contacting the Bank in the manner prescribed in the Online Banking Terms and Conditions. The Bank reserves the right in its sole discretion to grant or deny reinstatement of the Customer to use the Online Banking Services.

13 Records of Transactions

1. 13.1 The Bank reserves its right to monitor and record any instructions, communication with the Customer and messages and/or instructions sent to the Bank electronically or otherwise and any Transactions conducted by or through any such medium, and the Customer hereby expressly consents to the above monitoring and recording.
2. 13.2 The Customer agrees that if such monitoring or recording, as provided herein, reveals possible evidence of fraudulent or any potential or actual illegal activity, the Bank shall report such incident to concerned competent authorities and reserves its right to initiate legal proceedings against the Customer.
3. 13.3 The Customer agrees that the Bank's records referred to above shall be conclusive evidence of such Transactions and legally binding upon the Customer.

14 Termination

1. 14.1 The Bank reserves the right, subject to applicable law, to discontinue or terminate the Online Banking Services and the Customer’s right to use the Online Banking Services at any time and for any reason.
2. 14.2 In the event where the banking relationship between the Customer and the Bank is terminated or the Account is closed, for any reason, the Bank shall be entitled forthwith to cancel the Online Banking Services. The Customer hereby consents to such cancellation and undertakes to indemnify the Bank in respect of any claims which may arise out of such cancellation.
3. 14.3 The Customer may only terminate the Online Banking Services by giving notice in writing to the Bank and will be responsible for all the Transactions made through the Online Banking Services until the termination of the same by the Bank.

15 General Terms

1. 15.1 The Bank may, without any prior notice to the Customer, at its own discretion assign the whole or any part of its rights and obligations under the Online Banking Terms and Conditions. The obligations of the Customer under the Online Banking Terms and Conditions may not be assigned in whole or in part, without a prior written consent of the Bank.
2. 15.2 No forbearance, neglect or waiver by the Bank in the exercise or enforcement of any right or remedy arising from any of the Online Banking Terms and Conditions will prejudice the Bank’s right thereafter to strictly enforce the same. No waiver by the Bank will be effective unless it is in writing.
3. 15.3 The Customer is deemed to have read, understood and agreed to be bound by the Online Banking Terms and Conditions. At any time, the Bank may change, add, amend, supersede or supplement any or all of the provisions of the Online Banking Terms and Conditions. The Bank will notify the Customer through any mean of communication (email, SMS, fax…etc.) in writing of any amendments to the Online Banking Terms and Conditions and such amendments will be effective from the date such changes are notified to all Customers. However, such changes are deemed to be binding on the Customer whether or not the Customer has received specific notice in person of such amendments.
4. 15.4 If any provision in the Online Banking Terms and Conditions is found to be unenforceable, invalid or illegal, such provision will be deemed to be deleted and the remainder of the Online Banking Terms and Conditions will be unaffected by such unenforceability, invalidity or illegality.
5. 15.5 The Bank shall not be liable for its inability to pay due to restrictions on convertibility or transferability, requisitions, involuntary transfers, acts of war or civil strife or other similar causes beyond the Bank’s control. In such event no other office, branch, subsidiary or affiliate of the Bank shall be responsible or liable to the Customer.
6. 15.6 Save as otherwise provided in the Online Banking Terms and Conditions, any demand or communication made by the Bank under the Online Banking Terms and Conditions will be in writing in English and sent to the address given by the Customer (or such other address as the Customer may notify the Bank from time to time) and, if posted, will be deemed to have been served on the Customer on the date of posting. Unless the Customer notifies the Bank in writing, Customer’s address stated in the Customer’s application form shall be considered as the approved address for all communication(s) such as but not limited to delivering notices, advises, statement of account, notification or any document between the Bank and the Customer.
7. 15.7 All headings in the Online Banking Terms and Conditions are for reference purposes only and shall not be construed to limit or otherwise affect the interpretation of any provision in the Online Banking Terms and Conditions in any way.

16 Governing Law and Jurisdiction

1. 16.1 The Online Banking Terms and Conditions shall be governed by and construed in accordance with the Federal laws of the UAE and regulations of Emirate of Sharjah, as applicable from time to time and the Bank and the Customer hereby irrevocably submits to the exclusive jurisdiction of the courts in the UAE to hear and determine any suit, action or proceeding and to settle any disputes which may arise out of or in connection with the Online Banking Terms and Conditions.
2. 16.2 The Customer irrevocably waives any objection which he/she might now or hereafter have to the courts referred to in this clause (16) being nominated as the forum to hear and determine any suit, action or proceeding and to settle any disputes which may arise out of or in connection with the Online Banking Terms and Conditions made hereunder and agrees not to claim that any such court is not a convenient or appropriate forum.
3. 16.3 Submission to the jurisdiction of the courts of the UAE shall not limit the right of the Bank to bring proceedings against the Customer in any other court of competent jurisdiction nor shall taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not.