Your agreement with us for the use of the Service consists of:

• any specific terms and conditions relating to your use of the Service that are in the terms and conditions that apply to any specific Product you can access or use via the Service which may be provided before, at the same time as, or after you start using the Service ("Product Terms"), together, the "Agreement".

  • In the event of a conflict between these Terms and any Product Terms, these Terms will apply.
  • At any time, we may change the Terms in accordance with Clause ‎11. The Service is for personal use only. No third party will have any rights under the Terms. By downloading and/or installing the Mobile App, and each time you open the Mobile App or use the Service, you confirm that you have expressly read and accept these Terms.
  • Please read the Terms and keep them in a safe place. You can ask for a copy of the Terms at any time.

• these mobile and online banking terms and conditions and any additional terms and conditions we give to you relating to the Service, including the User Guide ("Terms"); and

• "Account" means your approved bank account (s) with us.

   

• “Biometrics” means your Fingerprint, your face, your voice, your iris, as well as any other means of recognition specific to you personally.  

• "Business Days" mean Sunday to Thursday (inclusive) except public holidays in Kuwait.

• “Fingerprint” means your fingerprint as stored on your mobile device.

• "Instruction" means each order contemplated and/or completed by you, as the context requires, transaction or other dealing with Products, by you using the Service.

• "Mobile App" means the mobile application installed on your mobile or communications device, the intellectual property rights in which are owned and designed by us, and through which you provide Instructions and access the Service.

• "Products" means the banking accounts, including the Accounts, and other products or services made available by us from time to time.

• "Phone" means the device, possessed and/or owned and/or controlled by you which has the assigned Phone Number, and through which you communicate with us either by receiving SMS alerts or by giving us Instructions or otherwise accessing the Service.

• "Phone Number(s)" means the telephone number assigned to your Phone and registered with us and that you undertake that it remains under your possession and/or ownership and/or control at any time.

• "Rates and Charges" means the rates and charges payable to us for using the Service as set out at‎SCHEDULE 1:  to these Terms or otherwise as notified by us to you in our sole discretion from time to time including, without limitation, when you use the Service.

• "Security Details" means the unique user identification name, password, PIN, Biometrics, and other relevant security details as we might require from time to time and which are used by you to access the Service.

• "Service" means the banking service provided by us to you from time to time through the Mobile App or the Website and accessed through the Phone, mobile device or your personal computer.

• "User Guide" means the guidance and information issued by us in connection with the Mobile App or Service, as amended from time to time, the current version of which can be found on our website at url http://www.e-gulfbank.com, or such other url as we may determine in our sole discretion from time to time.

• "Website" means the internet and secure online banking site owned and operated by us at url http://www.e-gulfbank.com, or such other as we may determine in our sole discretion from time to time, through which you access the Service.

• "we", "us" and "our" means Gulf Bank KSC, of PO Box 25611, SAFAT, 13117, Kuwait.

• "you", "your" and "yours" means any of our customers requesting access to the Service.

• You can use the Service by:

  • Entering your Security Details into the relevant fields on the login page of the Service; or
  • by contacting us using your Phone and providing your Security Details.

• We may notify you from time to time of changes in the Security Details and/or method we may require for accessing the Service.

• You must take all necessary precautions to keep safe and prevent any fraudulent or unauthorised use of your Security Details, the Mobile App, or your Phone.

• You agree that the precautions requested under Clause ‎3.1 include, but are not limited to, all of the following:

  • never writing down or otherwise recording your Security Details in a way that can be understood by someone else;
  • not choosing Security Details that may be easy to guess by someone else;
  • taking care to ensure that no one hears or sees your Security Details when you use them;
  • keeping your Security Details safe, secret, and unique to your Products;
  • not allowing anyone else to have or use the Mobile App, your Phone, or your Security Details and not disclosing them to anyone, except when registering for or resetting your Security Details or if required to be disclosed by any law;
  • keeping information about your Products containing personal details (such as statements) safe and disposing of them safely and securely;
  • changing your Security Details on a regular basis;
  • changing your Security Details immediately and informing us as soon as possible, if you know or suspect that someone else knows any of those Security Details, or if we ask you to;
  • keeping your Phone, and all devices on which you have installed the Mobile App and any other devices which are used to access the Service safe and secure;
  • never accessing the Service from a link in an e-mail, sms, or other electronic communication unless sent to you by us;
  • never accessing the Service from any publicly available device, without first making sure that no one else will be able to observe,  copy, save, or otherwise obtain your Security Details, or access the Service by pretending to be you;
  • never recording any Security Details on any software which retains information automatically;
  • once you have logged on to or accessed the Service, not leaving the device from which you have accessed the Service or let anyone else use that device until you have logged off following the required procedures; and
  • following all security measures recommended by us and/or the manufacturer of the device you use to access the Service.

• If any Security Details are lost or stolen, or you suspect that someone else has used or tried to use them, or any of the circumstances in Clause ‎3.8 arise, you must tell us without delay by calling us on the following numbers:

  • From Kuwait: 1805805 (8am to 10pm); or
  • From outside Kuwait: +965 22444383 (8am to 10pm), or by notifying the branch where your Account is held.

• Notwithstanding Clause ‎3.3, if asked by us, you must confirm in writing the loss or theft of your Security Details.

• We will ask you to co-operate with us and the police (or any other relevant authority) in relation to any investigation into the actual or suspected misuse of your Security Details, Products, Phone, the Service or the Mobile App.

• You must report any unauthorised transactions or Instructions to the police or any other relevant authority within forty eight (48) hours of our request to do so. We may also disclose information about you or your Products to the police or other third parties if, in our sole opinion, we think it will help prevent or recover losses.

• You hereby confirm, declare and acknowledge that the Phone Number (s) provided to us, is owned by and/or controlled and/or possessed by you, and that any information or communication from and to the Phone, including the giving of Instructions, is and shall be within your control and responsibility.

• You hereby undertake to inform us immediately in accordance with Clause ‎3.3, upon any change in the Phone Number(s), loss of the Phone or Phone Number(s), or any other dealing with the Phone being outside your control and/or any change that may effect the provision of this Service to you.

• Anyone accessing the Service by using your Security Details, whether with or without your knowledge or authorisation, will be able to conduct transactions and deal with your Products, including submitting Instructions, and pursuant to Clause ‎4.1, we have no obligation to verify, or to take any steps to attempt to verify, any Instruction received from you or another person authorized or purporting to be authorized by you to operate your Account, or otherwise appearing to be sent by you when using this Service.

• Unless we have received a notification from you in accordance with Clause ‎3.3, ‎3.4 or ‎3.8 prior to receiving an Instruction:

  • we will act on, and shall treat as genuine and authentic, and you shall be fully responsible for, that Instruction;
  • you agree that we will rely on the information provided by you to act on any Instruction and we are under no obligation to authenticate such Instruction and we will act on each Instruction without seeking further confirmation; and
  • you shall not contest or raise any claim in relation to such Instruction.

• Notwithstanding Clause ‎4.1, we reserve our right to make further fraud prevention checks with regard to any Instruction and may refuse to act on an Instruction in our sole discretion.

• We shall only process Instructions subject to the availability of free, clear and available funds/limits in your Account. In the event your Account does not have available and clear funds/limits, or for any other reason in our sole discretion, we reserve the right to refuse to act on any Instruction.

• If we refuse to act on an Instruction, we will make reasonable efforts to inform you, with the reasons for the refusal (if possible) and any factual errors that led to the refusal.

• You agree that we will not be liable for any late charges, penalty, loss, damage, expenses, whether direct or indirect, incurred/or to be incurred by you from our decision not to process any Instruction.

• You agree that we are under no obligation to amend or otherwise alter or adjust any Instruction after it has been submitted by you, and that all Instructions are final and binding.

• You agree that if you provide us with incorrect information, or if any Instruction contains any errors, you will use your best endeavours to correct or reverse the Instruction, however you hereby accept full responsibility for any direct or indirect losses resulting from any such errors in the information or Instruction provided.

• You hereby irrevocably and unconditionally agree and undertake your liability for any Instruction submitted by you or for accessing the Service. Any Instruction submitted by you will be considered a direct and final order to be executed by us on your Account. You hereby agree that the Instruction submitted by you is conclusive evidence of your intention to deal with your Products, and that the Instruction will be binding upon you, and you agree to waive any rights to raise any claim or action to pursue remedies against us in respect hereof.

Specific instructions for Biometrics:

• Gulf bank offers you the option to access your online banking account using Biometrics identification such as touch id or other fingerprint sensor method, facial recognition, vocal recognition, iris recognition, and any other mean of recognition. If you select to use the Biometrics option on your device for access to your online banking account, you agree to:

  • protect the security of your mobile devices as well as your stored Biometrics.
  • disable your Fingerprint on your device if you have any reason to believe that someone has improperly obtained access to your Fingerprint on your device.
  • forbid anyone else to store fingerprints on your device or use fingerprints on your device for access to your online banking account.
  • recognize that your access through Biometrics to your online account shall be construed by Gulf Bank as a confirmation that you have authorized all activities conducted on your account following such authentication, including but not limited to, any deposit, loan, transfer or bill payment.
  • Indemnify and hold gulf bank harmless against any claim for losses or damages relating to the access via your Biometrics to your online account if the bank acts with ordinary due care and in good faith in responding to any request. Gulf Bank’s use of its normal security procedures for maintaining confidentiality and security information shall constitute fulfilment of Gulf Bank’s obligations to exercise due care.

• Rates and Charges are subject to change and details of these Rates and Charges are available when you start a transaction or Instruction.

• We will debit all relevant Rates and Charges from your Account, together with any duties or other relevant fees levied by any government body or regulatory authority.

• Any applicable Rates and Charges, exchange rates, and other fees notified to you are binding when you submit an Instruction.

• You are liable for any telephone or other communication charges and any charges made by your mobile service provider or any other third party as a result of your downloading, installation or use of the Mobile App and/or use of the Service.

• You agree to pay all relevant Rates and Charges related to your use of the Mobile App and/or the Service, and we shall be entitled to debit from your Account any unpaid Rates and Charges in any manner we deem fit.

• Notwithstanding any liability or responsibility under these Terms, you will be responsible for any and all losses you, we, or others may incur if you act fraudulently in the use of the Service or otherwise in breach of these Terms.

• You will be responsible for all losses if you fail (for whatever reason) to use the Service in accordance with the Terms (including, but not limited to, keeping your Security Details safe and notifying us as required in accordance with Clause ‎‎3).

• We will take reasonable care to ensure that any information provided to you by accessing and using the Service is an accurate reflection of the information contained in our computer systems or, where the information is provided by a third party, accurately reflects the information we receive from that third party.

• Where information provided via the Service is beyond our reasonable control (for example, it is provided by a third party), we cannot guarantee that such information is accurate or error free.

• Certain information may be provided subject to certain restrictions, or on a specific basis (for example, it is only accurate as at a certain date) in which case any reliance by you on such information, is subject to those restrictions or valid at the time the information is provided.

• You agree you use the Mobile App, and the Service at your own risk.

• We will not be responsible for any loss of or damage to your data, software, computer, smartphone, Phone, telecommunications or other equipment, caused by you using the Mobile App and/or the Service.

• Unless we have specifically agreed with you otherwise, or subject to applicable law, we shall have no liability to you arising out of or related to your use of the Mobile App or the Service at any time, or any inability to use the Mobile App or Service.

• Unless the loss results from fraud or wilful default by us, or our employees or agents, we will not be liable for any special, consequential, or indirect loss, any punitive damages or loss of profits, or for any losses, costs, damages or expenses you incur as a result of delay, interruption or suspension of the Service or because of any other cause beyond our reasonable control.

• While we take all reasonable security precautions to safeguard data and communications, we disclaim any liability if Instructions or any other data or communications sent by you to us are intercepted. Neither we, nor any of our associated companies or third parties working for us to provide the Service will be responsible for any losses caused by connectivity failure, unauthorised access, theft, systems failure, service interruption, computer, Phone or smartphone virus, and other factors beyond our control.

• We disclaim all 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 we make no warranty or representation regarding the results that may be obtained from the use of the Service, or the accuracy or the reliability of any information obtained through this Service.

• Telecommunications networks are not a completely reliable transmission medium. Neither we, nor any of our associated companies guarantee that the payments/fulfilment of Instructions, or the availability of the Service within a specific time frame, since the Service may be, without limitation, interrupted or discontinued. Neither we, nor any of our associated companies accept liability for:

  • any losses, costs, liabilities, damages or expenses which may arise directly or indirectly if you cannot use the Mobile App or the Service for any reason; or
  • any delay in, or failure of, the transmission or receipt of any Instructions or notifications sent via the Mobile App or your Phone; or
  • any costs, fees or charges of any kind incurred as a result of: (i) our dealing with your Products; (ii) any debit and/or credit of your Account in accordance with your Instructions; and/or (iii) any inaccuracy, incompleteness or malfunction contained in the information retrieved through use of the Service.

• We will not be liable to you (and you hereby excuse us) if we fail to carry out any of our obligations when the cause of failure is beyond our reasonable control.

• We may, at any time and in our sole discretion, limit the amount and frequency of Instructions you can submit. Where possible and practical, we shall use our reasonable endeavours to inform you of any such limitations.

• If and to the extent any aspect of the Service is provided by third parties, you acknowledge and agree that our relationship with any such third party service provider is independent and we will not be liable for any acts or omissions by any third party service provider, including any modification, interruption or discontinuance of any Account by such third party service provider.

• You hereby irrevocably agree to indemnify and hold us and any of our associated companies or third parties working for us to provide the Service, partners, directors, employees, consultants and agents, harmless against any and all third party claims, liability, damages and/or costs (including but not limited to attorney fees) and against all liabilities incurred by us or such associated companies or third parties (as applicable), arising out of or related to:

  • your use, or any authorised or unauthorised use on your behalf, of the Mobile App, Phone and/or the Service;
  • our reliance on information provided by you; and/or
  • any breach by you of these Terms.

• You agree and acknowledge that this indemnity shall remain valid and shall survive the termination of this Service with us.

• We may at any time suspend your use of the Service:

  • if we suspect a threat to the security of the Service;
  • if we suspect fraudulent use of the Mobile App, your Phone or the Service;
  • if we consider there is an increased risk that you will be unable to repay any amounts that you owe to us or any third party;
  • if we consider suspension is appropriate to protect our or other customers' interests; or
  • if you hold any Products jointly, and we are required under any applicable law, or instructed by any applicable law enforcement, government, or other relevant agency, to suspend your use of the Service (for example, because we learn of a dispute between the joint parties).

• We will normally attempt to give you advance notice (in writing or by the phone) if we are going to suspend your use of the Service, explaining why we are taking this action, but we will not give you notice or details of the reason for the suspension if this would compromise any security measures, or if it is unlawful, or otherwise unreasonable in the circumstances, to do so.

• We may occasionally suspend your use of the Service without notifying you where we have been unable to contact you in advance, if required in accordance with applicable law, or if we otherwise decide, in our sole discretion, such notice is not reasonable in the circumstances.

• You can ask us to lift any suspension of your use of the Service by calling us. We will notify you at the time, if the circumstances leading to the suspension no longer apply, that you may continue to use the Service.

• We may suspend the Service from time to time in accordance with Clause ‎‎13.2.

• We reserve the right to make any change(s) in our sole discretion to the Terms, including changes to the Service including, without limitation, the expansion or reduction of the Service, and any applicable Rates and Charges, at any time and shall notify you of any such changes by way of post, telephone, sms, email and/or via the Mobile App next time you log in to use the Service.

• We may make any change to the Terms under Clause ‎11.1 for all or any of the reasons set out in this Clause that apply:

  • following, or in anticipation of, and to reflect a change in applicable law, or to reflect a change in technology, industry guidance or code of practice or good banking practice;
  • to reflect the making of a recommendation, requirement or decision of any relevant governmental department, court, regulator or similar body;
  • to reflect the costs or consequences of any event beyond our control that may impact our provision of any of the Products, the Services or facilities to you;
  • to make the Terms clearer;
  • to reflect any change in our systems and procedures, including any change arising from any reorganisation of our business;
  • to reflect changes or anticipated changes in costs;
  • to improve the Service;
  • to reflect our then up to date internal policies; or
  • for any other valid reason in our sole discretion.

• You acknowledge and agree that if you continue to use the Service after receiving notification of any change, you thereby accept such change and agree to bound by them.

• If you do not accept or agree any change, you must notify us in writing and we may take this as an indication that you wish to cancel the Service.

• You can cancel your use of the Service at any time by:

  • writing to us at Gulf Bank KSC, PO Box 25611, SAFAT, 13117, Kuwait; or
  • by notifying the customer services team; or
  • by notifying your branch where your Account is held.
  • If you write to us to cancel the Service in accordance with this Clause ‎12.1, we may also take this as notice that you want to close immediately any Products you have that can only be accessed and operated via the Service.

• We can cancel the provision of the Service to you and accordingly end this Agreement immediately in the following circumstances:

  • if you have breached, or we reasonably believe that there is a breach, any element of these Terms or any Product Terms; or
  • if we have reasonable grounds for believing you have committed in connection with any of your Products that you can access through the Service.

• We will give you notice in writing as soon as reasonably practicable after the Service has been cancelled and this Agreement has been ended under Clause ‎12.1.

• We may cancel the Service and end this Agreement for any other reason by giving you at least 30 days’ written notice in advance (including by way of sms or email).

• If this Agreement ends, you will no longer be able to access the Service. This may have an impact on some of your Products, for example, any Products you have that can only be accessed and operated via the Service may be closed, and if you receive online statements for any your Products you will no longer receive such statements.

Cancelling the Service

• For a period of 30 days after you download the Mobile App or otherwise subscribe to the Service, you have the right to cancel the Agreement with us by writing to us at Gulf Bank KSC, PO Box 25611, SAFAT, 13117, Kuwait, or by notifying the customer services team, or by notifying your branch where your Account is held.

Availability of the Service

• You agree that the Service, or services accessed through using the Mobile App or your Phone or your computer, may be temporarily unavailable if we have to carry out routine or emergency maintenance. We will try to inform you in advance but it may not always be possible to do so.

Changing the Mobile App

• The layout, form and wording of the Mobile App or screens through which you access the Service, and the Service screens themselves, are subject to change by us at any time.

Intellectual Property Rights

You agree that we own or are licensed to:

• use all intellectual property rights in the Mobile App and any documents, information or materials obtained via the Mobile App; and

• use all intellectual property rights in the Service.

We hereby grant you a non-exclusive, non-transferrable, non-sublicensable, royalty free, revocable and restricted licence to use the intellectual property rights in the:

• Mobile App, in the documents, information or materials obtained via the Mobile App; and

• the Service,

  • solely for your use of the Service in accordance with these Terms.

Information about you

• You agree that we may keep personal details that you or others give us during your relationship with us.

• Full details of how we process your personal data can be found in your general banking terms and conditions, and/or any other Product Terms.

• You represent and warrant that you have the right to provide any of the information requested by us and that you hereby give us the right to collect, use and share relevant information about you, your Instructions, your use of our Products and the Service, and your relationships with us, in order to provide you with the Service.

• Unless you instruct us otherwise, we may contact you about products and services available from us and from selected other companies which we believe may interest or benefit you. If you prefer not to receive this kind of information from us, you can inform us by contacting our customer services team.

• We reserve the right to request additional information at any time as we deem reasonably necessary to ensure that you are not using the Service or Mobile App in violation of these terms or any applicable law or regulation, including without limitation, any law or regulation designated to prevent money laundering whether in the State of Kuwait.

Notices

• All notices to be given by us to you under the Terms (including any changes to the Terms) will be given to you in writing, either by post, sms, email or electronically via the Mobile App. These notices shall be legally biding upon you and us.

Not enforcing the Terms

• If any part of these Terms proves to be unenforceable in any way, this will not affect the validity of the remaining provisions of these Terms in any way. We may occasionally allow you extra time to comply with your obligations or decide not to exercise some of our rights. However, any such delay shall not act as a waiver of our rights and we retain the right to subsequently insist on the strict application of these Terms.

Governing law and language

• The Agreement is governed by the laws of Kuwait. You and we submit to the exclusive jurisdiction of the courts of Kuwait.

• The Terms are in English and all communications we send to you will be in Arabic.

Prohibitied use

• You warrant and undertake that you will not use the Mobile App or the Service:

  • for any purpose that is unlawful or is not permitted, expressly or implicitly by these Terms;
  • in any manner that could damage, disable or interfere with any other party’s use and enjoyment of the Service.
  • in order to obtain or attempt to obtain any information through any means not intentionally made available by us or provided through the Service.

Survival

• You agree that your representations and warranties in accordance with Clause ‎13.11 shall remain in full force and effect and shall survive the cancellation of your Products, termination of the Service or the termination of your relationship with us.

• There shall be no fee for the cancellation of the Service.