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Terms and Conditions 

Definitions

"Mobile Alerts" means information related to Subscriber's account / transaction sent via SMS to Subscriber's mobile number registered with the Bank;

"Subscriber" means a Mashreq customer holding an active account / Credit Card relationship with the Bank;

"Service" means all or any of the Functionalities on the Mobile Alerts Delivery Channel provided by MashreqBank (psc) through SMS and is in addition to and in conjunction with any other normal banking delivery channel such as Branch Banking, IVR, ATM, etc.;

"Mobile Number" means the valid mobile number issued by the Telecom operators in the UAE. It allows a Mashreq customer with active account / Credit Card relationship to access the Service when the respective mobile number is updated in Bank records in the required format.

"Accounts" means the account or accounts of the customer with the Bank which shall be accessible and operated by the customer through, inter alia, the Service.

"Agreement" shall mean the Terms and Conditions contained herein;

"Bank" shall include the Head Office or any other branch of MashreqBank psc including its successors and assigns;

"Non Financial Transactions" means all the functionalities which do not involve any financial approval such as enquiry, initiation of requests for statement download etc.

Use of the Service

1. Use of the Service is permitted only upon the Bank allowing access to the Subscriber. The Bank reserves the right to require further documentation prior to allowing such access.
2. Where the Service is made available linked to an account in two or more names with the Bank, it is acknowledged that, irrespective of whether the mode of operation of such account is joint or single, the service may be accessed by one Subscriber acting alone.
3. Subscriber would be enrolled automatically and does not require registration for Bank default Mobile Alerts; a detailed list of default alerts is available on Mashreq’s official website.
4. Subscriber can select certain Mobile alerts specific to his/her account / Credit Card through Mashreq’s Online Banking channel; a detailed list of registered alerts is available on Mashreq’s official website.
5. Mobile Alerts will be sent to the Subscriber’s mobile number registered in the Bank records.
6. Mobile Alerts would be sent to the mobile number of the primary account / cardholder for all transactions that have been initiated by primary as well as joint / supplementary account holder / cardholder.
7. A detailed Mobile Alerts exclusion list is available on Mashreq’s official website.
8. Mobile Alerts will be sent only in English
9. Subscriber to ensure that the correct mobile number is listed in the Bank records. In case of any changes to the contact details, customer is advised to visit the nearest branch to update the details.
10. Purchase Transactions would reflect the currency in which they were initiated.
11. MashreqOnline / Mobile banking / Interactive Voice Response (IVR) / Branch teller channel cannot be identified separately so a generic SMS would be sent stating that the payment has been made.
12. For Cash & Cheque Deposit Machines (CCDM) and exchange houses the channel will be mentioned.
13. For payments made using the supplementary Credit Card / Debit Card holders - SMS would contain the last 4 digits of the supplementary Credit Card / Debit Card but the SMS alert would be sent to the primary cardholder’s mobile number registered in the Bank records.
14. All cash payment transactions that have been made on the Credit Card would reflect as a payment only the next day post reflection of the payment on the customer’s Credit Card post which the SMS would be generated.
15. Mobile Alerts would be sent out for all cheque payments on the next day post realization of the cheque to the Subscriber’s Credit Card account.
16. The SMS would include the following fields: Last 4 digits of the card, type of transaction (cash, purchase and payment), amount, merchant name, date and time.
17. The Subscriber shall indemnify the Bank from any claims/liabilities present or future arising from any misrepresentation or any other matter that may lead to misguidance or misplace of information or any error in transmission to any unauthorized personnel as a result of error or any un-updated personnel or any other records or any other matter as the Subscriber hereby acknowledges and agrees that the Bank is not liable for the improper transmission or for any damage sustained as a result of any unauthorized disclosure of this communication.
18. The above terms and conditions shall be continuing and is not affected by any limitations of actions or time barring laws/acts and remain binding and valid throughout the period the Subscriber is registered to it.
19. You acknowledge and accept that each Mobile Alert is sent to you in an unencrypted format and may include partial information relating to your Account / Credit Card. You should ensure any information received by you in a Mobile Alerts are kept secure.
20. You can change your mobile number to which you wish to receive Mobile Alerts by visiting any of the Mashreq branches in the UAE.
21. Alerts will be sent to only one mobile number per Subscriber.
22. Alerts are subject to the Terms and Conditions of your agreement(s) with your mobile phone network provider. You are responsible for any fees imposed by your mobile phone service and/or internet service provider of any kind whatsoever relating to the Mobile Alerts Service.
23. Mashreq neither guarantees the delivery, accuracy, security, nor confidentiality of the contents of a Mobile Alert. You should promptly update Mashreq of any change to your mobile number. Mashreq shall not be liable to you or anyone else for any losses or damages arising from the Mobile Alerts service including but not limited to (a) a non-delivery, delayed delivery, wrong delivery or partial delivery of an Mobile Alert; (b) inaccurate contents of an Mobile Alert; (c) access to the contents of an Mobile Alert by any unauthorized persons; or (d) your use or reliance on the content of an Mobile Alert for any purposes including investment and business purposes.
24. The Bank reserves the right to charge for this service and debit the applicable charges to the registered account / Credit Card for Mobile Alerts over the Service wherever applicable. Mashreq reserves the right to refuse or terminate any request by me for a Mobile Alert at any time. Mashreq shall be entitled to vary the terms and conditions relating to the Alerts service. Such charges shall be as per the Banks Schedule of Charges.

Limitation of Liability

With the exception of gross negligence and/or wilful misconduct committed by the Bank, the Subscriber shall be responsible for any damage or loss incurred by the Subscriber or by the Bank and the Subscriber is fully liable to indemnify the Bank, their officers, directors, employees, agents for any loss or damage, howsoever caused, resulting from the use of the Service.

Subscriber Information

The Subscriber shall inform the Bank immediately in writing of any changes to its details as submitted on any document pertaining to Mobile Alerts service.

The Subscriber's Equipment

The Subscriber is solely responsible for ensuring that the mobile device and other equipment with which the Subscriber or any User accesses and uses the Service are suitable for such use and are functioning properly (including at any time providing sufficient storage for receiving SMS messages). The Bank accepts no liability if the Subscriber suffers any loss or damage because an item of the Subscriber's equipment is unsuitable or not functioning properly.

Provision of Service

The Bank shall not be obliged to provide the Service or any part of it at all times or during any particular hours and may withdraw, suspend or restrict the Service temporarily.

Communication

1. The Bank may record and shall keep record of the Subscriber's electronic or other written communications for as long as the Bank considers appropriate.
2. Communications sent by means of the Service, which is received by the Subscriber on his registered mobile number as SMS message, shall be treated as satisfying any legal requirement that a communication should be signed and in writing.
3. Communications sent by means of the Service shall be deemed to be delivered upon receipt.

Linking

The Bank does not accept any responsibility or liability for enabling the Subscriber to link to another web-site, or the contents of any other site, whether one from which the Subscriber may have been linked or to which the Subscriber may link from the web-site, or any consequence of acting upon the contents of another web-site.

Events Beyond Bank's Control

The Bank shall not be liable for any delay or failure of Mobile Alerts Service arising from any cause or causes beyond its control, including (without limitation) act of God, act of government or regulatory authority, war, fire, flood, explosion, terrorism, riot or civil commotion, or non-availability, non-functioning or malfunctioning, computer viruses, interruption or disruption of utilities, internet service provider(s), or broadcast, telecommunications or other network systems or services.

Updates

The Bank reserves the right to alter any of its procedures concerning access to and use of the Service. In such circumstances the Bank will post updates to notify the Subscriber of changes to the Service on Mashreq’s official website.

Termination

The Bank reserves the right, in its sole discretion, to terminate the Subscriber's use of the Service immediately without giving prior notice to the Subscriber.

Events of Default

The Bank may terminate the access to the Service with immediate effect:

1. if the Subscriber ceases to maintain an Account with the Bank in the United Arab Emirates;
2. if the Subscribers relationship with the Bank or any other banking activity has terminated;
3. if the Subscriber notifies the Bank of changes in the status of the Subscriber which are unacceptable to the Bank.

Waiver

No failure or delay on the part of the Bank to exercise any power, right or remedy under this Agreement shall operate as a waiver thereof, nor shall any partial exercise by the Bank of any power, right or remedy prevent any other alternative exercise thereof or the exercise of any other power, right or remedy. The remedies provided in this Agreement are cumulative and are not exclusive of any remedies provided by law.

Severability

Each of the provisions of this Agreement are severable from the others and if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.

Governing Law

The terms and conditions contained herein shall be governed and interpreted in accordance with the laws that may be determined by the Bank at its sole and absolute discretion. In the event of a dispute arising in relation to the use of the Service, it shall be resolved by courts of Dubai, UAE provided that the Bank may, if it deems appropriate, bring proceedings in any other jurisdiction, inside or outside the UAE.

The Subscriber confirms having read, understood and accepted the above terms and conditions in acknowledgement of which he/she has submitted this agreement to the Bank.