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DUNIA FINANCE LLC
("DUNIA")
GENERAL TERMS & CONDITIONS
PART I : INTRODUCTION AND OVERVIEW
1. AN IMPORTANT NOTE TO ALL OUR CUSTOMERS:
All of Dunia's financial products and services are offered subject to the various terms & conditions of general application set out in this document (collectively called the "General Terms & Conditions") which you as our customer are required to read before applying for or accepting any products or services offered.
When you sign a customer registration form or apply for, accept or use any of Dunia's financial products and services you will be confirming that you have read, understood and accepted the General Terms & Conditions. If you do not understand any part of the General Terms & Conditions or require any explanation you must contact our customer service representatives and discuss the matter with them.
Further terms and conditions may be set out in the relevant application form. If we decide to make a financial product or service available to you, we shall issue you with a letter or other notification ("the confirmation letter") which may contain additional terms and conditions specifically applicable to the product or the service (the "Specific Terms & Conditions"), such as the period of the product availability, conditions for the product or services, interest payable, rates and charges. The Specific Terms & Conditions in the application form and in the confirmation letter will be supplemental to and, if inconsistent, will prevail over the General Terms & Conditions set out in this document.
From time to time we shall also introduce new products and new services. These products and services will in most cases be subject to Specific Terms & Conditions. In case of inconsistency these Specific Terms & Conditions will prevail over the General Terms & Conditions.
We reserve the right to vary or amend the General Terms and Condition, and the Specific Terms & Conditions applicable for individual products and services, by giving not less than fourteen (14) days written notice to our customers. However, in the case of our interest rates, fees and charges we shall be entitled to vary them from time to time by giving reasonable notice which may be of less fourteen (14) days in length.
The variation or amendment will take effect and be binding on all customers notwithstanding any non-receipt of notice by one or more customers for any reason whatsoever.
Where changes are made to the interest rates, fees or charges, a new schedule of fees and charges will be issued and made available upon request.
Please note that when you continue to use or retain our products or services after notice of change(s) has been given you will be deemed to have accepted such changes.
These General Terms & Conditions apply to all products and services provided or applied for, as well as any future products and services which may be made available to you.
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| 2. OUR FINANCIAL PRODUCTS ("THE PRODUCTS") |
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2.1 LOAN PRODUCTS |
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Subject always to:
(i) having obtained all regulatory approvals;
(ii) our discretion; and
(iii) having launched the particular loan product(s)
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we shall make available various types of loan products and services to you if you meet the qualifying criteria. As previously stated, each product or service when designed and offered to customers may be subject to specific provisions in addition to the General Terms & Conditions. The following is a brief description of the Products and Services, beginning with loans, and is by no means exhaustive. |
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(a) |
Personal Loans & Salary Transfer Loans
These are loans to finance your personal acquisitions or meet major expenses. The amounts advanced will be based on your income and (where required) the security offered. Repayment of principal and interest is made in monthly installments. |
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(b) |
Vehicle Loan
This Loan is to finance the purchase of a new or used vehicle and the principal security will be the vehicle itself. |
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(c) |
Purchase Finance
This is to finance the purchase of goods and services from selected leading suppliers and retailers. Please note that we shall only be financing the purchase and shall not be responsible for the suitability or performance of the goods or services purchased. |
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(d) |
Mortgages
Mortgage financing for the purchase of homes and other real property on the security of the property purchased may be made available by us, either directly or facilitated through third party banks and financial institutions. |
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(e) |
Credit Card Loan
Credit cardholders may be eligible for Credit Card Loans . Please refer to the "Terms and Conditions for Credit Cards" in Part V below. |
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(f) |
Flexi Loan Facility/Revolving Credit Line
The Flexi Loan Facility/Revolving Credit Line is a short term credit facility of an amount up to the agreed limits. Please refer to the terms and conditions for the same set out in Part IV Section 5 below. |
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(g) |
Other Loans
We shall roll out other loan products from time to time to meet and cater for the specific needs of our customers' profiles. |
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2.2 CREDIT CARD PRODUCTS |
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(a) |
Credit Cards
We shall issue credit cards from leading associations (such as MasterCard or VISA) to all customers who meet our qualifying criteria. The credit card products will include supplementary cards, e-cards, credit card loans and ancillary services. Please note that every credit card issued and all credit card products will also be subject to the terms and conditions of the card association from time to time in force, in addition to these General Terms & Conditions and the various Specific Terms & Conditions applicable. |
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(b) |
Credit Card Balance Transfer
If you have an existing credit card from a bank or other provider you may apply for a Credit Card Balance Transfer by which we shall issue you with a credit card and have the balance on your existing credit card transferred to the card issued by us. |
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2.3 INVESTMENT PRODUCTS |
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(a) |
We shall provide access to investment products from selected fund houses who will take the sole and complete responsibility for such products. We shall act solely as facilitators and take care to deal only with well known financial institutions. However investment products are susceptible to fluctuations in value and no assurances can be given that the products will generate gains or be profitable. We therefore accept no responsibility, liability or obligation in respect of such investment products. |
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(b) |
Investment Finance
If you hold investment accounts with us for the purchase and sale of investment products, you may on application be granted a loan or other finance on the security of the investment assets that you have invested through us.
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2.4 INSURANCE PRODUCTS |
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We shall make available to you as our customer various insurance products issued by reputable insurance companies. In doing so we act simply as facilitators and therefore take no responsibility, liability or obligation in respect of such insurance products. You are expected to assess the suitability, values and benefits of such insurance products before purchasing them. |
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2.5 PAYROLL CARD |
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A card issued in alliance with leading associations (such as MasterCard International Inc. or Visa Inc.) to the employees ("Employees") of our customers ("Employers") for whom we act as agent/bank pursuant to Ministerial Decree No. 788 of 2009 on Protection of Wages, as amended and includes all successor legislation on this issue ("WPS"). The card will allow the Employees to withdraw their salary in accordance with the guidelines and rules of the WPS. Please note that every Payroll Card issued will also be subject to the terms and conditions of the card association as amended from time to time, in addition to these General Terms and Conditions and the various specific Terms and Conditions as applicable. |
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| 3. OUR FINANCIAL SERVICES ("THE SERVICES") |
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The financial services we provide will include the following: |
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3.1 BILL PAYMENTS |
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This is a service by which we pay your utilities bills on receipt of standing or periodic instructions from you. |
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3.2 ATM CARDS AND SERVICES |
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An automated teller machine (ATM) card may be issued to you to facilitate the drawing down of loans and other financial facilities and to make requisite payments for the products and services that we provide. |
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3.3 STANDING INSTRUCTIONS |
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Under this service standing instructions received from you for regular and periodic payments will be implemented by us by debiting the payments and charges against your credit card or other funds which may be available for you. |
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3.4 REMITTANCES |
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We may provide a service to you in conjunction with other financial institutions for the quick and convenient remittance of funds. |
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3.5 TELEPHONE SERVICES |
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Subject to security protocols being strictly followed, we may offer telephone customer services to you for accessing our products and services as well as other facilities from time to time. These facilities would be strictly at your risk as we are unable to accept any liability for any loss or damage howsoever caused or arising. |
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3.6 ONLINE SERVICES |
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We may offer online facilities to you for accessing our products and services from time to time, providing necessary information, accepting instructions and facilitating applications for our products and services. These facilities would be strictly at your risk as we are unable to accept any liability for any loss or damage howsoever caused or arising or any other responsibility for such facilities. |
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| 4. THE CUSTOMER RELATIONSHIP |
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4.1 OPENING AN ACCOUNT |
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Our relationship with you as a customer begins when you open an account with us and you have been assigned a Customer Number (CN) (see below). The term "account" used in these General Terms & Conditions is not a bank account but refers to a running account in our records in respect of any product or service which we may extend to you. In order to open an account with us, you will be required to complete and sign an account opening application form or forms. At such time, we shall make available the following to you: |
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(a) |
these General Terms & Conditions; |
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(b) |
additional Specific Terms & Conditions for the products or services for which you have applied; and |
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(c) |
other relevant documentation and information literature. |
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4.2 THE CUSTOMER NUMBER (CN) |
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The Customer Number (CN) is a number which we shall issue to you and which will be unique to you. It will allow you to access our facilities and products and will be the reference number for all information and data concerning you and the loan products and services extended to you.
This important number must be used with care, with the utmost confidentiality and must not be disclosed to any other person. When dealing with us you must quote your CN in order to facilitate all transactions with us. The CN remains your responsibility at all times. If a third party makes unauthorized use of the CN you will remain liable for all transactions carried out until you notify us of the loss or wrongful use and the CN is cancelled.
If you are issued with more than one CN by error or otherwise you must notify our customer service representatives immediately. |
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PART II: TERMS AND CONDITIONS OF GENERAL APPLICATION
1. APPLICABILITY OF THE GENERAL TERMS & CONDITIONS & THE SPECIFIC TERMS & CONDITIONS, VARIATIONS
All loan and financial products (the "Products" or the "Product" in singular) and all financial services (the "Services") are offered or made available by us to you as our customer on the basis of and subject to the General Terms & Conditions applicable from time to time. The following terms and conditions constitute part of the General Terms & Conditions and are of general application governing all Products and Services offered or made available by us.
In addition to the account opening form and the General Terms & Conditions, the application form by which you may be required to apply for a Product or Service may contain Specific Terms & Conditions for the Product or Service as may any confirmation letter issued to you. These will also constitute part of the contractually binding agreement between us.
We reserve the right to vary or amend the General Terms & Conditions and all applicable other terms and conditions, including the various Specific Terms & Conditions, by giving you not less than fourteen (14) days' written notice (except that in the case of interest rates, fees and charges the provisions below shall apply). However, any accidental omission to give notice or other non-receipt of such notice will not affect the validity of the variations or amendments. The continued use of our Products or Services after notice has been given will be deemed to constitute an acceptance of such variations.
2. INTEREST, FEES AND CHARGES - VARIATIONS
Our schedule of the prevailing interest rates, fees and charges will be published periodically and a current copy will be issued to you upon opening an account with us. Copies are also available from our customer service representatives on request.
We shall be entitled at our discretion to vary from time to time all our interest rates, fees and charges applicable by giving reasonable notice. The variations will apply as of the dates specified in the notice of change. Where variations are made as to interest rates, fees or charges, a new schedule of fees and charges will be published and made available upon request.
3. TRANSACTION LIMITS
We may from time to time impose transaction limits (such as minimum or maximum transaction amounts) or vary the frequency of permitted usage in connection with our Products and Services.
4. DOCUMENTATION & EXTENSION OF FACILITIES
We may from time to time also offer or extend our various facilities, Products and Services to you. In the absence of comprehensive new documentation all existing documentation, including the General Terms & Conditions, between us shall be deemed to be applicable to the new Product or Service.
We may at our discretion request you to re-submit any particular documentation to us in order to process your application for our Products or Services.
Please note that all applications and other documentation received from you will remain our property whether or not we make available the requested Products or Services.
5. UPDATED CUSTOMER INFORMATION
You must notify us promptly of any change to your personal details including, but not limited to, change in name, residential address, place of work, bank account details, as mentioned in the account opening form. You must also provide us with a copy of your passport, visa, trade license (where applicable) and a copy of all renewals thereof promptly upon renewal thereof. Any change in your legal status and/or shareholding must be promptly notified and supporting documentary proof, satisfactory to dunia, must be promptly provided. In case of non-submission of the above mentioned renewed documentation within a maximum period of 60 days from the date on which the documents are required to be renewed, a fee may be imposed upon you in accordance with the schedule of fees and charges applicable at the time of levy of the fee. All fees are subject to the regulations of the Central Bank of the UAE.
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| 6. CUSTOMER
CONFIDENTIALITY |
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We
shall treat all information concerning
you as confidential unless it is
information already in the public
domain. We shall not disclose information
concerning you to third parties,
save that we shall be entitled to
disclose information and documents
concerning you to: |
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(a) |
our branches,
holding companies, subsidiaries, representatives,
affiliates and agents; |
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(b) |
credit verification
and credit reporting agencies; |
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(c) |
debt collection agencies
engaged in respect of your debts and
accounts. |
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(d) |
lawyers,
auditors and other professional advisors
or consultants engaged by us, any
data processing and statistical risk
analysis purposes, customer relationships,
general advice or otherwise in the
ordinary course of our business; |
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(e) |
any judicial, regulatory
, police, or governmental authority
which has jurisdiction; and |
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any
third party to whom we shall have
contracted or outsourced any of our
services or administrative functions
provided that we shall obtain an appropriate
confidentiality undertaking (as determined
by us) from such party. |
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We
shall also be at liberty at all
times to obtain information about
each customer from third parties
such as credit bureaus, banks and
retailers, and the Central Bank
of the United Arab Emirates. |
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| 7. NON-SOLICITATION
& NON DISTURBANCE |
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We
may provide information about you
to our branches and third parties
for marketing campaigns and solicitation
for products. However, if you have
expressly notified us in writing that
you do not wish to be subject to any
marketing approaches we shall make
every effort to ensure that you are
not contacted or solicited in the
course of our marketing campaigns. |
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| 8. SUSPENSION
AND BLOCKING OF ACCOUNTS |
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We
reserve the right to suspend or
block, or apply to the appropriate
regulatory authority (if required)
to suspend or block, any funds in
an account if we: |
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(a) |
believe in good faith that the funds
have been obtained through unlawful
means or transactions; |
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believe in good faith that any suspicious
or money laundering or other illegal
transactions may affect the funds; |
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are advised that the funds are or
may be subject to any litigation or
credible claim; |
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are so instructed by a regulatory,
governmental, judicial or police authority;
or |
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receive information
of the customer's death. |
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| 9. TERMINATION |
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Our
relationship with you as a customer
may, subject as below, be terminated
for any of the following reasons: |
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(a) |
termination
by you at any time at your discretion
if you wish to cease using our Products
or Services; |
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(b) |
at
the option of one party in the event
of breach by the other party of the
applicable terms and conditions or
agreements between us; |
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(c) |
by order or direction
of any regulatory, judicial or governmental
authority; |
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(d) |
our
belief acting in good faith that
the source of your funds is not
legitimate or the funds are in breach
of any law or regulation; |
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(e) |
failure
by you to comply with any money
laundering or other legislation
and requirements thereunder, whether
statutory or introduced by us. |
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(f) |
failure
to meet the obligatory repayment terms
as agreed or as advised for the provision
of any Products or Services; |
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(g) |
death or legal disability
on your part; |
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(h) |
any
activity, which in our view, indicates
intent to misuse our facilities, services
or products or to defraud us or any
related party; and |
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(i) |
termination
by us at any time at our discretion
without having to give any reason
therefor. |
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In
the event of termination you (or,
as the case may be, your estate) will
immediately settle and pay to us any
monies due and owing to us and discharge
all your liabilities and obligations
in respect of any of our Products
and /or Services or otherwise due
to us, despite any prior or other
agreement that may exist between us
as regards such Products and /or Services.
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| 10. EVENTS
OF DEFAULT |
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The loan elapses and all the installments, interests any other fees and expenses become due and payable immediately without having to give any notification or any court ruling and without prejudice to any of our other rights according to dunia General Terms & Conditions or in accordance with the law in the event of occurrence of any of the listed below events: |
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(a) |
If you are terminated for any reason. |
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(b) |
If your monthly salary or any part of thereof is transferred to any other body without our prior written approval. |
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(c) |
If you violated any of your undertakings or obligations arising from dunia General Terms & Conditions. |
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(d) |
If you failed to pay three consecutive installments or six non-consecutive installments of the monthly installments without our approval. |
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(e) |
If, at any time, the information or documents you submitted to us are incorrect or any of the acknowledgement or undertakings you submitted provided for in dunia General Terms & Conditions is invalid. |
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(f) |
If we notice that there are grounds which could lead to your inability and/or any of your guarantors, as permissible under Central Bank's prevailing regulations, to fulfill your obligations towards us. |
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(g) |
Your death or your leaving the country permanently. |
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11. DEMAND
FOR PAYMENT AND ENFORCEMENT |
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Upon the occurrence of an Event of Default or in the event of your death or disability, we shall be entitled to demand immediate repayment of all Loans and other monies you owe us including principal, accrued interest, charges and fees, to the discharge of all your obligations to us. Failing such immediate payment and discharge we shall be entitled to enforce and liquidate any security or collateral which you may have provided to us. The proceeds received shall be applied towards defraying:
(i)
costs;
(ii) fees and charges;
(iii) interest accrued; and
(iv) principal amounts outstanding
in the order set out above. Should the relevant Event of Default be rectified by you to our satisfaction within such time as may be acceptable to us, we may in our sole discretion, withdraw any demand for repayment and revert to the original interest rate, fees and charges and reinstate your loan.
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12. APPLICATION
OF FUNDS |
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Payments
made by you in respect of any Products
or Services provided, your credit
card outstanding, fees and charges
due or any other outstanding amounts
due shall be applied in or towards
payment of any interest charges, late
payment charges, handling charges,
principal outstanding, cash advance
fees, annual fees, balance transfers,
legal costs and any other outstanding
amounts and balances. |
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13. LATE
PAYMENT CHARGES |
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Subject to Central Bank regulations, if you do not make a required payment on the due date we shall have the right, in addition to any other remedies which we may have, to levy applicable late payment charges. |
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14. CONSOLIDATION
AND SET OFF |
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We
have the right at any time and without
notice to you to combine or consolidate
all or any of your accounts in our
books and to set off or transfer
any money standing to your credit
in any account(s) with us with against
your liabilities or obligations
to us. We shall also be at liberty
to apply any assets of yours which
are in our custody or control towards
the satisfaction of your liabilities
or obligations to us whether they
are actual or contingent or joint
or several. If we combine or consolidate
your accounts or if we exercise
our right to set off it shall be
without prejudice to any security
we may hold. |
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15.
NOTICES AND COMMUNICATIONS
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15.1
Your postal address,
email address, fax number and telephone
number as set out in the account
opening form shall be taken as definitive
for the purpose of sending notices
and other communications to you.
The particular means of communication
used by us will be at our option.
In the event of any change in particulars
you are required to promptly notify
us in writing of such change. Any
change in particulars will only
be effective as of the time Dunia
receives actual notice of such change. |
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15.2
We may at our discretion facilitate
or make available our Services and
Products through the use of automated
teller machines (ATMs), telefax,
facsimile, email, internet communications,
telephone or mobile telephony including
short messaging services (SMS).
In such cases we shall notify you
of the availability of the facilities
and the procedures applicable. We
may require you to enter into a
separate agreement for these facilities
which will supplement and, in case
of inconsistency, prevail over the
General Terms & Conditions.
Such facilities and communications
carry risks and the risk of any
losses occurring by use of these
facilities and means of communication
will be entirely yours. In particular,
where we communicate with you through
the internet or email at your request,
or acquiescence, you will accept
sole responsibility for any loss
or damage caused by any mis-delivery
or non-delivery of communications. |
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15.3
If we decide in our discretion to
provide facilities or accept your
application or request for Products
or Services through the telephone
or the telefax or facsimile ("fax")
then pending any specific agreement
the following shall apply: |
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(i) |
Instructions
or other communications from you by
telephone or fax shall be valid and
binding on you and we may at our discretion
act on such instructions. We have
the right at all times to decline
to accept any telephone or fax instructions
without giving any reason. |
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(ii) |
You
will abide by and observe any security
protocol that we establish for telephone
and/or fax communications. In particular
you will keep confidential and be
responsible for passwords and other
identification information and will
not permit any other person to use
telephone or fax communications on
your behalf. |
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(iii) |
We
shall be at liberty to act on instructions
or authorizations that we or our
staff believe in good faith were
issued by you without having to
seek confirmation, even if it transpires
that the instructions were not in
fact issued by you. |
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15.4
If we decide to act on communications
with you by telefax, fax, email,
internet communications, telephone
or mobile telephone including SMS,
you as the customer accepting the
risks will indemnify us against
all costs, claims, loss or damage
resulting from our acting on such
communications. |
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15.5
We may record all communications
through these various means for
record keeping, training and security
purposes. You will be taken to have
consented and authorized us to make
such recordings. |
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15.6
Please note that all such recordings
and all our books, records and accounts
will be conclusive and binding as
will any certificate or statement
of account issued by us, unless
there is an obvious error or omission.
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| 16. PAYMENTS
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16.1
You may pay the amounts due to us
on account of our Products and Services,
late charges, other charges, loan
repayments, credit card payments,
or other payment due by personal
cheques, cash payments, transfers
through our branches, ATMs or any
other means acceptable to us. |
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16.2
Please note that
if a cheque issued by you is returned
unpaid we shall debit your account
or credit card with, and be entitled
to collect, the amount of the cheque
together with charges and costs
incurred by us in respect of the
unpaid cheque. If any cheque issued
by you is dishonoured by you for
lack of funds we reserve the right
to terminate the provision of all
Products (including credit cards)
and all Services to you and demand
the immediate repayment of all monies
due and outstanding from you. |
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16.3
Dunia is authorised to debit, any amount due and outstanding from you for our Products and Services to your credit card account including principal, interest, charges, fees and commissions. You will settle such amounts in accordance with the provisions of Part V below. |
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16.4
Where payment is made by cheque, transfers, ATM or otherwise we shall only credit the relevant account or make the relevant payment on your behalf when we receive cleared funds and have had reasonable time to administer the credit. This excludes non-business days, such as weekends and holidays, and you should allow for such time. You should take into account reasonable cheque clearing times so as to ensure that funds are received for the required accounts prior to any due date so as to avoid late fees or penalty charges. |
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16.5
Cheques deposited with us as security
for repayments or fee charges for
Products and Services may be retained
by us for a limited period in accordance
with our record keeping policies
after provisions of the products
or services has terminated or ceased.
Cheques will be destroyed by us
on a regular basis in accordance
with our internal guidelines. We
shall not be liable to you or to
any third party for any loss or
damage howsoever caused or arising. |
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16.6
All cheque payments will be accepted subject to (a) clearance and realization of the amount of the cheque,
(b) you assuming full responsibility for the genuineness and correctness of all signatures and endorsement
appearing thereon and (c) the cheques being crossed and made payable to the order of dunia for your account.
Dunia shall not assume any responsibility for realization of any cheques and shall not be responsible for
loss or damage of the cheque or any delay however caused in clearance of the cheque. |
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16.7
In the event you pay cash to dunia to settle your next loan installment dunia will endeavor to retrieve the post dated cheque submitted by you for settlement of such installment. If dunia is unable to retrieve the post dated cheque and the post dated cheque is presented for clearing but is dishonoured for lack of funds in your account, dunia will only be liable to you to the extent of any charges or fees charged to your account by your bank upon submission by you of satisfactory documentary evidence of such charges. dunia shall not be liable for any indirect or consequential damages that may be suffered by you as a result of the foregoing. |
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17. ADJUSTMENTS |
| Where
we have erroneously credited or debited
your account or where a cheque deposited
and credited has been dishonoured,
we reserve the right to make the appropriate
reversals without seeking your consent. |
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18. JOINT
ACCOUNTS |
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18.1
A joint account for any Products
or Services is an account opened
in our records in the name of more
than one person. Whether an account
is a single account or a joint account
will be determined by us on the
basis of the account opening forms
and other documentation. We shall
implement the instructions of the
authorized signatory or signatories
for a joint account. However, if
conflicting instructions are received
from the signatories of a joint
account we may at our discretion
decline to act on any instructions
until a fresh and clear mandate
from all the account holders and
signatories is issued. Where the
instructions are from an authorized
signatory(ies) whose lawful authority
has not been revoked we shall be
entitled, without any liability
attaching, to implement such instructions. |
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18.2
Where a person who is one of the
parties to a joint account dies
or loses his legal capacity, the
surviving joint account holder/holders
must inform us of the same in writing
within 10 days. On receiving such
notice we shall suspend operations
of the joint account in respect
of the product or service until
it is proved to our satisfaction
that a successor or legal representative
of the deceased or incapacitated
joint account holder has been appointed
in accordance with the applicable
laws of the United Arab Emirates.
We shall not be liable for any activity
which may take place prior to receiving
such notice. |
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18.3
Any obligations or liability arising
in respect of any joint account
will be the joint and several responsibilities
of all the parties to the joint
account. |
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19. TRANSFER
AND ASSIGNMENT, OUTSOURCING |
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We
are entitled to sell, transfer,
assign, discount, pledge or charge
as security to any third party organization
some or all our rights or obligations
under or in respect of any Product
or Service or any credit card provided
to you without notice to you or
without your consent. In particular,
we shall be at liberty to sell,
transfer, pledge or assign any or
all of our business or activities
to a third party or we may merge
our business with that of a third
party. In all these cases the General
Terms & Conditions and the various
Specific Terms & Conditions
shall continue to govern and apply
to all customers, Products and Services.
You as a customer may only assign
your rights and obligations with
regard to a Product, Service or
credit card subject to our prior
written consent. |
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We
may also, at our sole discretion
and without requiring any customer
consent, delegate or outsource any
one or more of the administrative,
accounting or service functions
in connection with the Products
and Services to any third party
service provider we select in good
faith. |
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20. FORCE
MAJEURE |
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We
shall not be liable to you for any
delay or non-performance of our
obligations in respect of any Products
or Services arising from any cause
beyond our reasonable control including,
without limitation, Act of God,
governmental act, war, fire, flood,
explosion, natural disaster, civil
commotion or riots. In such event
we shall resume performance of our
obligations as soon as reasonably
possible after the removal of the
cause. |
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21. WAIVER |
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We
may at our discretion waive compliance
with any of the General Terms &
Conditions or other terms and conditions
as applicable but this will not
prejudice or become a waiver of
our rights and benefits generally.
We shall still have the right to
fully enforce terms and conditions
at a future date. |
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22. OUR
RIGHTS AND LIABILITIES |
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22.1
Subject as above, we are not liable
for any act or omission of any third
party in respect of any Products
or Services, nor are we liable for
any loss, damage or claims however
arising, unless the same was caused
by our gross negligence or willful
misconduct. |
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22.2
All our rights under these and other
applicable terms and conditions
shall be in addition to and independent
of any securities, agreements and
obligations you may have with or
towards us. |
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23. EXCLUSIONS
AND GENERAL INDEMNITY |
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23.1
We shall act in good faith at all
times and provide our services on
a best efforts basis. Other than
this obligation, we shall not be
liable or responsible for any default,
defect, shortcoming or loss in providing
the services, and we shall not be
liable for any loss or damage howsoever
caused or arising. |
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23.2
You will indemnify us and hold us
harmless against any loss, damage,
liability, costs and expenses, whether
legal or otherwise, which we may
incur by reason of any breach by
you of these and other applicable
terms and conditions or by reason
of our enforcing any of our rights
under such terms and conditions.
All costs and expenses incurred
by us on account of enforcing such
terms and conditions will likewise
be reimbursed by you. |
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23.3
We shall act at all times in accordance
with all applicable laws, regulations
or rules and the terms of agreements
with other banks or financial institutions.
If in doing so we act contrary to
any instructions you may have given
us, we shall not be liable for any
loss or damage howsoever caused
or arising. |
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24. COMPLIANCE
WITH APPLICABLE LAWS AND REGULATIONS |
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All
our Products and Services may only
be utilized by you in compliance
with all regulatory, statutory,
governmental and judicial laws,
requirements and provisions of the
United Arab Emirates. |
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25. DISCLOSURE
OF INFORMATION |
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You are hereby notified that dunia may: |
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(a) |
disclose and furnish any information provided by you to us concerning you and/or your shareholders, partners, directors and/or beneficial owners (as applicable) and information concerning your accounts and relationship with dunia ("Information") to; and |
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(b) |
obtain and receive any information concerning you and/or your shareholders, partners, directors and/or beneficial owners(as applicable)("Received Information") from our subsidiaries, affiliates, associates, branches, service providers, assignees, agents, insurers, third party contractors, third party financial institutions, credit reporting agencies, credit bureaus, debt collection agencies and other persons within and outside the U.A.E. to enable dunia to evaluate your application, review your performance, perform its obligations under these terms and conditions or under any other agreement to which dunia is a party or may become a party, to enforce your obligations hereunder or to provide or procure the provision of products and services to you or for other reasons deemed fit by dunia without further consent from or notification to you. |
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25.1
You hereby warrant and represent that that you have notified each of your shareholders, partners, directors and/or beneficial owners (as applicable) that Information may be disclosed by dunia or that dunia may obtain and receive Received Information.
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25.2
You hereby authorise and permit dunia to disclose Information or obtain and receive Received Information.
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25.3
You hereby warrant and represent that you are duly authorized on behalf of each of your shareholders, partners, directors and/or beneficial owners (as applicable) to consent to the disclosure of Information or the receipt of Received Information by dunia.
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25.4
You agree to indemnify and hold harmless dunia, its owners, officers, employees and agents from any costs, losses, claims, damages or liability, howsoever caused by your failure to obtain any of the requisite consent(s) or to provide the requisite notification(s), as stated here under.
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26. GOVERNING
LAW AND DISPUTE RESOLUTION
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26.1
The Products and Services as well
as these General Terms & Conditions
and all variations, additions and
amendments to them from time to
time and all other applicable terms
and conditions including the various
Specific Terms & Conditions
shall be governed by the laws of
the United Arab Emirates. As all
the transactions contemplated are
commercial in nature, the provisions
of the Civil Code (The Law of Civil
Transactions of the United Arab
Emirates) (Federal Law No. 5 of
1985) shall not apply to these various
terms and conditions nor shall they
apply to the Products or Services
or any transaction pursuant thereto.
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26.2
Any dispute or difference between
Dunia and any customer arising in
respect of or touching upon any
transaction, any of the Products
or Services, the General Terms &
Conditions and various Specific
Terms & Conditions will be submitted
to the non-exclusive jurisdiction
of the civil courts of the Emirate
which we elect to be the convenient
or relevant jurisdiction in the
United Arab Emirates. |
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PART III: TERMS & CONDITIONS FOR ALL LOAN PRODUCTS
If we determine that you qualify and decide to make available one or more loan Products ("Loans") to you the following terms and conditions pertaining to Loans Products and forming part of these General Terms & Conditions will apply.
1. We are not under any obligation to make available any Loans to you, but may do so at our sole discretion.
2. Should we decide to make a Loan available to you we shall issue you with a confirmation letter or other written notification ("the confirmation letter") which may contain the Specific Terms & Conditions applicable to the Loan, such as the period, availability, conditions, interest payable, rates and charges, fees, and other terms. The Specific Terms & Conditions on the application form or the confirmation letter will be supplemental to and, in case of inconsistency, prevail over the General Terms & Conditions set out in this document. Applicable rates and charges will also be set out in our schedule of rates and charges from time to time.
3. We may at any time before approval cancel our commitment or reduce or vary the amount of the Loan and the terms thereof without being obliged to provide any reason.
4. You will repay the Loan in the manner and at the times set out in the confirmation letter. You hereby authorize us to set off and deduct any amount due under the Loan from any money or credit which we hold for you or to your order and which we may control.
5. We reserve the right to recall or demand payment of any Loan at any time notwithstanding any terms previously agreed in the confirmation letter or otherwise.
6. For the purposes of advancing a Loan and facilitating the repayment and servicing of such Loan we may require you and assist you to open a bank account with an approved correspondent bank or banks. For this purpose, you will be required to complete and sign the relevant application forms, notices and authorizations and provide the required personal or corporate documentation. However, we shall, not take any responsibility or liability for the correspondent bank and its services and in particular are not liable if the bank (i) ceases to conduct banking business or becomes insolvent; (ii) causes any inconvenience, loss or damage; or (iii) is in breach of its obligations or undertakings to you. Prior to closing any such bank account, you will notify us in writing.
7. Upon the occurrence of an Event of Default (see above) or in the event of your death or disability, we shall be entitled to (a) charge default interest on all amounts outstanding, and/or (b) demand immediate payment of all Loans and other monies you owe us including accrued interest, charges and fees to the discharge of all your obligations to us. We shall also be entitled to enforce and liquidate any security or collateral which you may have provided to us. The proceeds which we receive by liquidating such security will be applied in the order of priority set out for Loan repayments established by us from time to time in accordance with the applicable regulations.
8. Any payment due must be credited to the relevant account on or prior to the due date. Subject to Central Bank regulations, we shall otherwise have the right to charge late fees in respect of the amount which should have been paid. The late fees will be stipulated by us from time to time. This will be in addition to any other remedies which we may have.
9. You may pay in full any Loan before its due date, subject to payment of applicable fees and charges for prepayment. We may stipulate a minimum time period after which prepayment is permissible and we may stipulate a minimum amount for pre-payment.
10. We may without your consent or notice to you transfer, sell, assign, discount, pledge, charge or utilize as security the outstanding indebtedness on all our Loans to you. We may also assign or transfer to third parties some or all our rights and obligations in respect of such Loans.
11. All notices and statements of accounts which we send to you will be deemed to be correct and accurate unless you object in writing within fourteen (14) days from the date of the notice or statement.
12. Every Loan advanced or made available to you is on the basis of your representation, warranty and assurance that all information provided by you is true and accurate in all respects and at all times. For this purpose you authorize us to make such enquiries as we think fit.
13. We reserve the right to require you to provide such security or additional security as we may in our discretion require as a condition for a Loan or for the continuation of a Loan which we would otherwise be entitled to recall. We may also require post-dated or un-dated cheques as additional security for payments due.
14. Should we in our discretion determine that the value of the security in respect of a Loan or any amount due and payable to us is inadequate or has lost all or a substantial part of its value we shall be entitled to demand such replacement or additional security as we may decide to be necessary.
15. We will calculate interest for personal and vehicle loans on a reducing balance basis and average daily outstanding balances for credit card loans. Interest will be calculated on the basis of a 365 day year. For loans which are repayable in monthly installments we may take post dated checks for the repayment installments. For personal and vehicle loans, interest will be calculated on the outstanding principal amount at the beginning of the month. Accordingly, any excess amount recovered from the post dated checks will be credited to your account and a shortfall shall be debited to your account and you will be liable to pay the shortfall immediately.
16. We reserve the right to vary the rate of interest, fees or charges payable on any outstanding Loan from time to time upon giving you reasonable prior written notice.
17. We may at our sole discretion permit you to reschedule or restructure any outstanding Loans, including extending any applicable repayment term provided that you meet our eligibility criteria, documentation requirements and applicable fees or charges.
18. Acceptance of a part payment or a waiver or relaxation in respect of any applicable terms and conditions shall not prejudice or be interpreted as a waiver of our rights to require full payment or enforce such terms and conditions at a future date.
19. If a Loan is granted to more than one borrower, all the borrowers shall be jointly and severally liable in respect of the Loan. Accordingly, any failure to pay or the death of a borrower shall render all the borrowers liable for all the amounts payable to Dunia in respect of such Loan.
20. All costs and expenses including legal expenses incurred by us in recovering the amount due and owing to us in respect of any Loan or enforcing the security for the Loan shall be borne by you and debited to your account.
21. We will not issue a clearance letter or release our security even if a Loan is fully repaid if you or a co-borrower are delinquent on other Loans or Products.
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PART IV: SPECIFIC LOAN PRODUCTS
The following are the principal types of Loans offered by us at our discretion and subject to the various terms and conditions set out below. They are also subject to various applicable Specific Terms & Conditions. |
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1. PERSONAL LOAN AND SALARY TRANSFER LOANS
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1.1 Salary transfer Loans depend on your monthly salary and are available subject to: |
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(a) |
an acknowledgement and acceptance by your employer of instructions as to your salary transfers in respect of payments due; |
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(b) |
provision of such security over your end of service and gratuity benefits as we may require; |
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(c) |
your ensuring that there is no charge or assignment or transfer of your salary, end of services benefits, gratuity or other income or account to any other party without our written approval; and |
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(d) |
such other factors or conditions as we shall decide are applicable. |
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1.2 Any change in your employment status must be notified to us as soon as possible. If you are self employed you must inform us of any material downturn in your income as soon as this occurs. |
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2. VEHICLE LOANS |
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2.1 If we make available a Loan to finance purchase of a car or other vehicle ("the Vehicle Loan"), you will inspect the vehicle to ensure that it is in good working order. We only act as facilitators and simply finance the purchase. We do not under any circumstances make any representations, warranties or assurances as to the vehicles or their condition |
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2.2 Every Vehicle Loan will be paid directly to the supplier, dealer or seller of the vehicle. |
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2.3 Vehicle Loans are conditional upon your undertaking to: |
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(a) |
register a first chattel mortgage or other required security over the vehicle in our favour; |
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(b) |
not permit any third party to have any rights, charges, liens or encumbrances over the vehicle; |
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(c) |
maintain and keep the vehicle in good repair and condition; |
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(d) |
maintain adequate insurance cover on the vehicle at all times for its full replacement value with an insurance company acceptable to us. We must be named as the first loss payee on the insurance and will be entitled to the benefits of any proceeds from the insurance policy. If you fail to properly insure the vehicle then we may (but are not obliged to) insure the vehicle with an insurance company at your cost. The original insurance policy and certificate should be placed with us. |
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(e) |
immediately notify us of any accident affecting the vehicle; |
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(f) |
ensure that monies received from the insurance are applied towards repairing the vehicle and that where there is a total loss all the monies are paid to us. We shall pay to you any credit balance net of the amount due from you and you will pay any debit balance to us. In this regard you will issue the appropriate irrevocable written instructions to the insurance company, copied to us. |
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(g) |
keep the vehicle registered at our election in your name with our mortgage noted and not transfer any rights of ownership to any person; |
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(h) |
not take the vehicle out of the United Arab Emirates without our prior written consent which will be wholly at our discretion and subject to the applicable fee. |
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(i) |
use the vehicle only for its normal intended use; |
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(j) |
allow our representative to enter at any time onto any premises or location where the vehicle is situated so that the vehicle may be inspected, repaired or removed if necessary, all at your expense; |
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(k) |
pay and discharge all fines and other penalties in respect of the vehicle; |
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(l) |
notify us of any change in your physical address or the regular location of the vehicle. |
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(m) |
comply with any instructions given by us in respect of the vehicle including executing any documents, deeds or instrument or doing such things as we may consider necessary or desirable in respect of our security over the vehicle; and |
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(n) |
comply with all laws and regulations of the United Arab Emirates regarding the ownership and use of the vehicle. |
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2.4 In addition to the Events of Default set out above in these General Terms & Conditions, the following shall also be Events of Default in the case of Vehicle Loans: |
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(a) |
if our security over the vehicle lapses or ceases to be valid or is likely in our view to become invalid; |
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(b) |
if the vehicle is so damaged that it is a total loss or is completely unusable; |
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(c) |
if the mortgage over the vehicle registered in our favour is or may in our view become invalid or unenforceable; |
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(d) |
if the vehicle is seized or if there is a threat to seize the vehicle; or |
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(e) |
if you default in respect of another loan with us or fail to make any payment due to us in respect of any other Products or Services. |
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2.5 In case any Event of Default occurs, we shall be entitled to demand immediate payment of the outstanding Vehicle Loan and seize the vehicle or (where applicable) make a claim on the insurance. For this purpose, you hereby appoint us as your attorney in fact, with express authority to seize or take possession of the vehicle, transfer and sell the vehicle at your cost and expense, make insurance claims with regard to the vehicle and demand payment of any insurance proceeds from the insurance company. |
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2.6 We may at our discretion and at any time require you to provide additional security for the Vehicle Loan of a nature specified by or acceptable to us. Should you fail to provide such additional security we shall be at liberty to demand the immediate repayment of the amount outstanding. |
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2.7 Once you repay the Vehicle Loan and all amounts payable to us (whether in respect of the vehicle or any other Product or Service) we shall at your cost and expense execute such documents as are required to release the vehicle from the mortgage or other security. We reserve the right to decline to do this if you, a co-borrower or a guarantor is delinquent on other Loans or payments to us. |
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2.8 All costs incurred in enforcing the Vehicle Loan, including but not limited to repossession and resale of the Vehicle, will be borne by and recovered from you. |
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3. PURCHASE FINANCE |
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3.1 We may enter into agreements with certain suppliers and retailers of goods and services (each "a Supplier") directly for the purchase of such goods and services by our customers on the basis of finance provided by us ("Purchase Finance"). |
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3.2 If you wish to purchase such goods and services using our Purchase Finance we shall pay the Supplier directly on your behalf and book a loan to you in the amount of the payment. |
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3.3 Title to the goods and services shall be vested with you whilst you repay in full the Purchase Finance together with all interest and other charges and fees due to us. During such time you will not rent, sell, mortgage or transfer or seek to transfer any interest in the goods or services to any third party. |
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3.4 The risk of damage or loss to such goods shall vest at all times with you and we shall not be responsible for any damage, interference or loss to such goods or services, as the case may be. |
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3.5 You acknowledge that before purchasing any goods or services from a Supplier you will inspect and examine the goods and will satisfy yourself as to the suitability and quality of such goods or services. We make no representations and give no assurances as to such goods or services. |
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3.6 Any complaint as to the goods or services must be made directly to the Supplier and we shall not accept any responsibility for the goods or services provided. You may not return any goods to us or otherwise seek to claim any credit against the Purchase Finance in respect of the use or non-use of the goods or services by you. |
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4. MORTGAGES |
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4.1 We may provide mortgage financing ("Mortgage Loan") through third party banks and financial institutions for the purposes of assisting you to acquire residential, commercial and industrial or other properties. The Specific Terms & Conditions for any particular mortgage offered including the applicable rate of mortgage interest will be set out in the confirmation letter and mortgage documents from us or from the third party bank or financial institution through whom we have procured the mortgage. These Specific Terms & Conditions will be binding on you as the mortgage customer. |
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4.2 Any mortgage financing advance made available to you will be released and paid only when the various property registrations have been effected and all requisite documentation is in place. We may at our sole discretion advance funds from the Mortgage Loan prior to the mortgage being in place or registered, subject to such terms and conditions as we may require. |
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4.3 In addition to interest and other applicable fees and charges being payable in respect of the mortgage amount, you will pay all costs and expenses incurred by us in facilitating the mortgage finance through the third party mortgage providers. |
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4.4 If an Event of Default occurs, the third party mortgage providers will be entitled to immediately sell or agree to sell the mortgaged property, in accordance with the legal procedures applicable, to any purchaser at a price that we acting in good faith deem to be a fair market or best reasonably available price. For this purpose, you will be deemed to have duly authorized us to sell the property in your name and on your behalf and to retain the sale proceeds therefor. |
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4.5 Neither we nor the third party mortgage provider shall be liable or responsible for any construction or any other defect or delay, failure to obtain possession or failure to enjoy the property itself, for any reason whatsoever. It is hereby acknowledged that we have not and will not make any representation to you as to the condition, fitness or quality of the property. Any complaint as to the mortgage property should be addressed to the developer or seller, copied to the mortgage provider. |
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5. FLEXI LOAN / REVOLVING CREDIT FACILIITIES |
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5.1 We may offer you a Flexi Loan Facility. In addition to the terms and conditions appearing below, the specific terms and conditions for the product offered including the applicable interest rate, charges and fees including the securities etc will be set out in the confirmation letter. Reference to Flexi Loan Facility in the following section includes reference to revolving credit facilities. |
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5.2 Any approval of this Flexi Loan Facility will be at our discretion. You will be notified the limits of the Flexi Loan Facility ("the Flexi Loan Facility") upon approval, by a confirmation letter or any other means as decided from time to time by us. |
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5.3 You can avail the Flexi Loan Facility by requesting us to issue a cheque or draft in your or any third party's name, acceptable to us. We may additionally issue you a card for conveniently drawing down the Flexi Loan Facility. |
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5.4 You will pay to us interest calculated on the basis of daily outstanding balances and all other charges on the amounts outstanding from time to time for the Flexi Loan Facility, at the rate(s), on the date(s) and in the manner specified in the schedule of charges or in the confirmation letter provided however such rate(s) may be amended from time to time, at our sole discretion, upon thirty (30) days prior written notice to you. |
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5.5 We may require you to deposit undated cheques drawn in our favour for the amount of the Flexi Loan Facility or make an advance payment as condition for issuing the Flexi Loan Facility. |
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5.6 In addition to interest and other applicable fees and charges being payable in respect of the Flexi Loan Facility you will be required to repay the minimum monthly dues, as stated the agreement. |
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5.7 Please ensure that you make payment on payment due date on your facility as per the terms of the Flexi Loan Facility. We may send a monthly statement of the Flexi Loan Facility to you, listing out the transactions and financial liabilities incurred during that period as well as payments made by you during the period in respect of the same. The minimum amount due shall be such percentage of the total monies outstanding on the Flexi Loan Facility as decided by us from time to time. If the outstanding balance exceeds your Flexi Loan Facility you must pay the excess amount, additionally. You must make these monthly payments even if you dispute the amounts shown on the statement and we shall in the meantime make every reasonable effort to resolve the disputed charge. In the event that a statement is not received by you, it is your obligation to contact our 24-hour Contact Center and obtain details of the amount due and make payment by the payment date. |
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5.8 If you do not pay the minimum payment amount and any excess amount by the specified date, subject to the Central Bank regulations a late payment fee as well as applicable charges calculated on a daily outstanding balance basis will be applied to the balance from the date(s) of the transaction until payment is made. If you pay less than the current balance or if no payment is made or if a payment is made after the payment due date, the applicable charge calculated on a daily basis will be applied to the current balance from the date(s) of the transaction until any payments are credited to the Flexi Loan Facility account and thereafter on the reduced balance. The applicable charges will be applied to any transactions occurring after the date when the latest monthly statement was issued and will be with effect from the date(s) of the transaction(s). |
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5.9 If you pay more than the amount due, the excess amount paid will be held to your credit. You will not be entitled to any interest on the amount standing in credit. We reserve the right to question the source of funds for excess balances held to your credit. |
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5.10 All transaction and charges will be debited in UAE Dirhams and will be set out in the monthly statement. Transactions and charges originally debited in a foreign currency will be converted at our prevailing rates of foreign exchange for such currency and subject to our foreign exchange transaction charges. |
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5.11 When you make payment we shall apply it to the amounts outstanding on your Flexi Loan Facility in the following order of priority: |
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a) |
Cash advance fee |
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b) |
Late payment fee |
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c) |
Overlimit fee |
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d) |
Cheque bounce fee |
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e) |
Stop all cheques fee |
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f) |
Insurance charges if any |
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g) |
Billed line usage |
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h) |
Unbilled line usage |
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In the case of defaulting customers whose Flexi Loan Facility have been terminated (write off"), we may apply the amounts recovered from you in the following order of priority: |
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a) |
Principal and charges outstanding |
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b) |
advance fees and interest which have been billed prior to write off |
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c) |
Insurance charges or fees which have been billed prior to write off |
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d) |
Interest on amounts outstanding at the applicable rate on an ongoing basis till settlement date of all outstanding amounts; and late fees and over limit fees |
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5.12 After thirty (30) prior written notice to you the availability period of the Flexi Loan Facility may be varied by us from time to time. You also agree and authorize us, at our sole discretion and option to automatically renew/roll over/ revolve the same for such limit, for such further periods and subject to such modifications in these terms and conditions as may be deemed fit by us, after (30) days prior written notice to you. |
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5.13 Early repayment of the Flexi Loan Facility is permissible subject to repayment of the outstanding amount and payment of interest on such outstanding amount by you as may be determined by us from time to time. |
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5.14 We reserve the right to recall the Flexi Loan Facility, enforce security and guarantees, if any, and appropriate proceeds thereof towards the outstanding amounts and recover the balance from you. |
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5.15 All payments to us must be made free of all withholding and other taxes, or statutory deductions, withholding fees or deductions, and received on or before the respective due date, net of any taxes and withholdings. |
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5.16 Any acceptance of late payments or partial payments will not operate as a waiver by us or modification of these terms and conditions or the various specific terms and conditions applicable nor will it prevent us from enforcing all our rights by virtue of such terms and conditions and collecting the amount due from you. |
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5.17 When a card is issued to you it will be dispatched to you by courier or by regular mail at your risk. Alternatively, we may request you to collect it from our financial centers. Upon receipt of the card, you must sign at the back of the card and call our 24 -hour Contact Center unit to activate your card, if it is not already activated. Prior to activation the card must not be used. |
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5.18 We may issue a PIN (Personal identification number) or facilitate the selection of a PIN by you for use of the card as a security measure. Any such PIN must be kept safe and confidential and must not be disclosed to third parties. You will be responsible for any unauthorized use of your PIN on card. |
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5.19 Every card will also be subject to terms and conditions stipulated by the association issuing the card (such as Master and Visa card etc) or as set out in the agreement. |
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5.20 The card is and will always be our property. It must be surrendered to us immediately upon demand by us at any time, whether or not the card has expired. |
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5.21 We are not responsible for any loss or damage arising as a result of any merchant, supplier, member card institution or bank or ATM declining to honour your card or accept it or to provide any cash advance for any reason whatsoever, whether valid or not. |
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5.22 You may be permitted to draw down cash advances on your Flexi Loan Facility, up to the maximum cash advance limit set from time to time by us, by presenting your card at any bank or financial institution or at any other ATM where we have arrangements in place. |
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5.23 If you use your card to obtain a cash advance on your Flexi Loan Facility facility, a cash advance fee will be charged. You will also pay interest on the amount withdrawn. The interest and cash advance charges will be debited to your Flexi Loan Facility. |
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5.24 Cash withdrawals from ATMs of other banks may attract a fee where applicable (for example the UAE SWITCH network fee). Fees may also be levied by the bank disbursing the cash advance |
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5.25 We may agree to issue a supplementary card to a person nominated by you in your capacity as the primary card holder and approved by us. You may both be required to complete the necessary application form and pay any fees prescribed as may be decided from time to time. The supplementary card may be used to transact on the Flexi Loan Facility. |
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5.26 You and the supplementary cardholder will be jointly and severally liable for all debits and outstanding incurred on the Flexi Loan Facility through the use of the primary and supplementary cards. |
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5.27 You as the primary cardholder will fully indemnify us against any loss, damage, liability cost and expenses however incurred by us in respect of the debits on the Flexi Loan Facility through the use of supplementary card and any breach by the supplementary cardholder of these terms and conditions. |
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5.28 The Flexi Loan Facility applicable to you is also the aggregate limit for you and all supplementary cardholders, unless otherwise instructed by you. We may also increase the limit for the supplementary card without giving notice to you as the primary card holder. |
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5.29 If your Flexi Loan Facility is terminated for any reason or expires or is not valid, all associated cards (primary or supplementary) will forthwith cease to be valid. |
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5.30 We shall be at liberty to withdraw or cancel the supplementary card at any time in our sole discretion without having to provide any reason. |
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5.31 You will take all reasonable precautions to prevent the loss, theft and unauthorized use of your card or any personal identification number (PIN) issued by us. |
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5.32 You must notify us immediately of any loss or theft of the card, and also notify the police authorities of the country where the loss occurred. You will be fully liable for all debits to a lost or stolen card unless you have notified us of the theft or loss and we have had a reasonable opportunity to block the use of the card. |
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5.33 In the case of loss or theft of a card or PIN we may at our sole discretion issue a new card or a new PIN. We may also issue a new card in case of a card being compromised through use at a merchant or in a particular country. |
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5.34 If at any time you do not wish to use the card you are required to cut it in half and return both halves to us. You are liable for all transactions and charges billed on the Flexi Loan Facility whether they are prior to or after the return of card and all outstanding amounts must be settled in full. |
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5.35 The Flexi Loan Facility in the card and including supplementary cards will also be terminated if the primary cardholder: |
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(i) |
dies; |
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(ii) |
becomes bankrupt or insolvent; |
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(iii) |
is legally incapacitated; or |
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(iv) |
(at our discretion) ceases to be a resident of the UAE. |
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5.36 When you have settled all amounts due and outstanding on a card which has expired or been terminated we shall issue a clearance letter at your request provided that all other amounts, if any, due and owing to us from you, a co-borrower or third party for whose outstanding debt you may be responsible have been settled and paid. |
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6. CREDIT CARD LOANS |
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Please refer to the Section entitled "Credit Cards". |
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7. INVESTMENT FINANCE |
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See below in the Section entitled "Investment Services". |
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PART V: CREDIT CARDS
TERMS AND CONDITIONS FOR CREDIT CARDS
These Terms and Conditions for credit cards shall also apply to cash cards and debit cards where the circumstances permit. Accordingly, the term "credit card" or "card" as used in this Part V will also refer to cash cards and debit cards to the extent allowed by the context. |
GENERAL |
1. We may offer you a credit card (or cash card or debit card as the case may be) at our sole discretion if you qualify for the credit card and make the requisite application for it.
2. When a credit card is issued to you it will be dispatched to you by courier or by regular mail at your risk. Alternatively, we may request you to collect it from a branch. On receipt of the card, you must sign the back of the credit card in the space indicated and call our phone banking unit to activate your card, if it is not already activated. Prior to activation the card must not be used.
3. Every credit card will also be subject to terms and conditions stipulated by the association issuing the card (such as Visa, MasterCard, etc) or set out on the application form.
4. If you do not wish to use the credit card you are required to cut it in half and return both halves to us. The termination provisions set out below will thereupon apply. However, you will be liable for all transaction costs and charges billed on the card whether they are prior to or post the return of the card and all outstanding accounts must be settled in full.
5. The credit card is and will always be our property. It must be surrendered to us immediately upon demand by us at any time, whether or not the card has expired.
6. We have the right to cancel, suspend or withdraw the credit card at our absolute discretion without prior notice and without giving any reason. In such event we shall also be entitled to convert the balance the outstanding balance into a term loan over a period determined by us. We shall not be liable for any consequences, claims or loss as a result of such cancellation, suspension or withdrawal or the conversion into a term loan.
7. You may not transfer the credit card to any other party and it may be used only by you. The card must remain with you at all times and you are fully responsible for its safe custody and use. You will be liable for all transactions on the card carried out by any other party.
8. We may issue a PIN (personal identification number) or facilitate the selection of a PIN by you for use with your credit card as a security measure. Any such PIN must be kept safe and confidential and must not be disclosed to third parties. You will be responsible for any unauthorized use of your PIN or credit card.
9. You may not use the credit card as security for any purpose.
10. We shall set a credit limit for any credit card issued to you at our sole discretion. Subject to the credit limit, we shall set an operational limit for each card issued to you at our sole discretion. The operational limit shall be the maximum amount that you may utilise by using your card. This operational limit may be increased or reduced by us at any time. Any increase of your operational limit shall be subject to a maximum amount equal to your
credit limit. If you exceed the operational limit you will incur an excess charge. This may also result in cancellation of the credit card.
11. Please familiarize yourself with the various charges and interest rates applicable to the credit card and outstanding debit balances. These will be detailed in the letter and material accompanying the credit card you receive and set out in our credit card tariff sheet from time to time. We reserve the right to vary the rate or method of calculation of the various charges and the amount of the minimum payment. Your credit card statement of account will indicate the total balance outstanding on your credit card and the minimum amount that you must pay on or before the specified payment date. If the outstanding balance exceeds your operational limit you must also pay the excess amount. You must make these monthly payments even if you dispute the amounts shown on the credit card statement and we shall in the meantime make every reasonable effort to resolve the disputed charge. In the event that a statement is not received it is your obligation to contact our credit card department and obtain details of the amount due and make payment by the payment date.
12. If you do not pay the minimum payment amount and any excess amount by the specified date, subject to the Central Bank regulation a late payment fee as well as finance charges calculated on a daily outstanding balance basis will be applied to the balance from the date(s) of the card transactions until payment is made. If you pay less than the current balance or if no payment is made or if a payment is made after the payment due date, the finance charge calculated on a daily basis will be applied to the current balance from the date(s) of the card transactions until any payments are credited to the card account and thereafter on the reduced balance. The finance charge will be applied to any card transactions occurring after the date when the latest statement of account was issued and will be with effect from the date(s) of the card transaction(s).
13. If you pay more than the amount due, the excess amount paid will be held to your credit. You will not be entitled to any interest on the amount standing in credit. We reserve the right to question the source of funds for excess balances held on a credit card.
14. All transactions and charges will be debited in UAE Dirhams and will be set out in the statement of account. Transactions and charges originally debited in a foreign currency will be converted at our prevailing rates of exchange for such currency and subject to our foreign exchange transaction charges.
15. When you make a payment we shall apply it to the amounts outstanding on your credit card in the following order of priority:
(a) Interest charged on cash advances which have been billed;
(b) Cash advance fees which have been billed;
(c) Interest charged on purchases which have been billed;
(d) Charges which have been billed;
(e) Late fees and over limit fees;
(f) Card insurance charges & fees (if any);
(g) Card membership fees;
(h) Cash advances which have been drawn and billed;
(i) Purchases which have been made and billed;
(j) Cash advances which have been drawn but not yet billed; and
(k) Purchases which have been made but not yet billed.
In the case of defaulting customers whose credit cards have been terminated ("write – off") we may apply the following order of priority:
(a) Principal and charges outstanding (including cash advances);
(b) Card insurance charges & fees billed prior to write-off (if any);
(c) Card membership fees outstanding, for period prior to write-off;
(d) Cash advance fees which have been billed prior to write-off;
(e) Interest charged on cash advances, which have been billed prior to write-off, at the applicable rate till the settlement date of all amounts outstanding;
(f) Interest on amounts outstanding at the applicable rate on an ongoing basis till settlement date of all outstanding amounts; and
(g) Late fees and over limit fees.
16. If you dispute a debit to your card as a result of an apparent transaction we shall investigate the transaction. If the disputed amount was properly charged, we shall charge you a fee for the investigation.
17. You may not transfer funds from one card account to settle the amounts due on another card account.
18. Subject to Central Bank regulations, we may require you to deliver a cheque(s) in our favour for an amount equal to 120% of the credit limit or make an advance payment for such amount as a condition of issuing the credit card.
19. Renewal of a credit card which expires shall be entirely at our discretion and may be subject to amended and/or additional terms and conditions.
20. You may be eligible to apply for an upgrade or conversion of your credit card. Where a credit card is upgraded or converted to another credit card all the debit balances and, to the extent possible, the reward points and other privileges attached to your existing credit card will be transferred to your new credit card.
21. If you present other bank credit cards as proof of credit card ownership, we shall be at liberty to debit the card for a nominal amount (which will be reversed thereafter) in order to authenticate and ensure that the card is active.
22. We may without your consent or notice to you transfer, sell, assign, discount, pledge, charge or utilize as security the outstanding indebtedness on your credit card(s).
23. EXEMPTIONS AND EXCLUSIONS
23.1 We are not responsible for any loss or damage arising as a result of Dunia or any merchant, supplier, member credit card institution or bank or ATM declining to honour your credit card or accept it or to provide any cash advance for any reason whatsoever, whether valid or not.
23.2 We are not responsible for any defect in or dissatisfaction with the goods or services purchased by you through the credit card, or for any breach or non-performance by the supplier or retailer. If you have any dispute with the supplier of any goods or services for which you have paid by credit card you will remain liable to us for any debits on your card and this liability will not be affected by the dispute or claim against the supplier.
24. PAYMENT ON CREDIT CARDS
24.1 All payments to us must be made free of all withholding and other taxes, or statutory deductions, withholding fees or deductions, and received on or before the date specified in the card statement received, net of any taxes and withholdings. In such cases, you must pay the grossed up amounts so as to ensure that the correct net amount is received.
24.2 All payments received by us will be applied against the amounts outstanding on your card in the order set out in Part II or in any other order as we may in our sole discretion from time to time decide.
24.3 Any acceptance of late payments or partial payments will not operate as a waiver by us or modification of these General Terms & Conditions or the various Specific Terms & Conditions applicable nor will it prevent us from enforcing all our rights by virtue of such terms and conditions and collecting the amounts due from you.
24.4 An available operational limit does not necessarily mean that a further transaction will be approved. Each transaction will be individually accepted or declined at the point of sale based on the customer's credit standing at the time of the transaction or other assessment and at the sole discretion of Dunia.
25. CREDIT CARD CASH ADVANCES
25.1 You may be permitted to draw down cash advances on your card, up to the maximum cash advance limit set from time to time by Dunia, by presenting your card at any bank or financial institution or at any other ATM where we have arrangements in place.
25.2 If you use your credit card to obtain a cash advance, a cash advance fee will be charged. You will also pay interest on the amount withdrawn. The interest and cash advance charges will be debited to your credit card.
25.3 Cash withdrawals from ATMs of other banks may attract a fee where applicable (for example the UAE SWITCH network fee). Fees may also be levied by the bank disbursing the cash advance.
26. ISSUE OF SUPPLEMENTARY CARD
26.1 We may agree to issue a supplementary card to a person nominated by you as the primary card holder and approved by us. You may both be required to complete the necessary application form and pay any fees prescribed.
26.2 You and the supplementary cardholder will be jointly and severally liable for all debits and outstandings incurred on the primary and supplementary cards.
26.3 You as the primary cardholder will fully indemnify us against any loss, damage, liability cost and expenses however incurred by us in respect of the debits on the supplementary card and any breach by the supplementary cardholder of these terms and conditions.
26.4 The credit and operational limit applicable to you is also the aggregate credit or operational limit, applicable in the aggregate for you and all supplementary cardholders, unless otherwise instructed by you. We may also increase the operational limit for the supplementary card without giving notice to you as the primary card holder.
26.5 If your primary credit card is terminated for any reason or expires or is not valid, the supplementary card will also cease to be valid.
26.6 We shall be at liberty to withdraw or cancel the supplementary card at any time in our sole discretion without having to provide any reason.
27. LOSS OF CARD AND EXPIRY/TERMINATION
27.1 You will take all reasonable precautions to prevent the loss, theft and unauthorized use of your credit card or any personal identification number (PIN) issued by us.
27.2 You must notify us immediately of any loss or theft of the credit card, and also notify the police authorities of the country where the loss occurred. You will be fully liable for all debits to a lost or stolen credit card unless you have notified us of the theft or loss and we have had a reasonable opportunity to block the use of the credit card.
27.3 In the case of loss or theft of a credit card we may at our sole discretion issue a new credit card or a new PIN. We may also issue a new card in case of a credit card being compromised through use at a merchant or in a particular country.
27.4 If you as the primary cardholder fail to make any required payments due from time to time under the credit card we have the right to immediately cancel or terminate the credit card.
27.5 If at any time you do not wish to use the credit card you are required to cut it in half and return both halves to us. You are liable for all transactions and charges billed on the card whether they are prior to or after the return of card and all outstanding accounts must be settled in full.
27.6 The credit card together with all supplementary cards will also be terminated if the primary cardholder:
(i) dies;
(ii) becomes bankrupt or insolvent;
(iii) is legally incapacitated; or
(iv) (at our discretion) ceases to be a resident of the UAE.
27.7 If the credit card expires and is not renewed, or if the credit card is terminated for any reason, you will immediately pay to us the entire outstanding balance together with all accrued costs, fees, charges and interest at our prevailing rate. Until such time as you have paid the amount due in full all interest, costs, charges and fees will continue to apply. We are not obliged to refund any part of an annual fee for premature termination howsoever caused.
27.8 When you have settled all amounts due and outstanding on a credit card which has expired or been terminated we shall issue a clearance letter at your request provided that all other amounts, if any, due and owing to us from you, a co-borrower or third party for whose outstanding debt you may be responsible have been settled and paid.
28. E-CARD
28.1 Credit cardholders may be offered an e-card to enable payment of any purchase of goods or services through the internet. This may be a physical card or, at our option, a virtual card.
28.2 On receiving the e-card you may be required to call a prescribed telephone number immediately in order to activate the card.
28.3 Unless the e-card is returned to us or terminated forthwith you will be deemed to have accepted the e-card subject to these Terms and Conditions.
28.4 We shall be entitled to issue the e-card subject to further Specific Terms & Conditions and procedures.
28.5 The e-card will be subject to an annual fee.
28.6 The credit and operational limits assigned to any credit card issued to you shall include the credit and operational limits for the e-card. The total of all transactions incurred through the credit card and the e-card must therefore not exceed the single operational limit, but within this operational limit you may choose to allocate a specific limit to the e-card. All the terms and condition applicable to credit cards will apply to e-card to the extent
feasible.
28.7 All e-card transactions will be debited to the credit card account and will be included in the credit card statement of account.
28.8 We may at any time recall or cancel the e-card with or without prior notice and are not obliged to cite any reason. In that event, you will immediately return the e-card to us or terminate it as required.
28.9 You will take all reasonable precautions to prevent the loss or theft of the e-card or the disclosure of the e-card number and expiry date to unauthorized persons. You will also bear all responsibility and liability resulting in such loss or theft until cancellation of the e-card by us after notification.
29. CREDIT CARD LOAN
29.1 We shall offer credit card loans (the "Credit Card Loan") to credit cardholders. Credit Card Loans may be one of two types:
(a) You may apply for a bank draft or manager's cheque for any amount not exceeding the balance of your operational limit made payable to yourself or a third party; or
(b) You may apply for the amount of a large purchase (subject to a minimum amount) already debited to your credit card to be converted into a term loan with an agreed installment payment plan.In either case, the repayment installments and charges as well as the Specific Terms & Conditions for the loan will be set out in the application form, notified by letter or advised by telephone.
29.2 Only primary cardholders may be entitled to a Credit Card Loan for an amount not exceeding the existing balance of the operational limit on the credit card.
29.3 The Credit Card Loan will be repayable with interest and other fees and charges notified to you. Repayment will be in monthly installments over the term of the period approved by us. These monthly installments will be calculated by us on the basis of the principal amount due, interest and other charges. The installment due for each month will be billed to the monthly statement of account for your credit card and will form part of the minimum amount payable.
29.4 You are under an obligation to pay the monthly installments calculated and debited to your statement of account regardless of whether or not you use the loan.
29.5 You may with our approval and in accordance with the applicable terms and conditions prepay the Credit Card Loan in one lump sum in which case you will have to pay a prescribed prepayment fee.
29.6 Please note that if you fail to make payment of any installment due, the entire Credit Card Loan and all interest will become immediately due and payable and we shall have the right to demand immediate payment.
30. REWARDS PROGRAMME
30.1 All cardholders holding a credit card issued by us will be eligible to participate in any rewards programme or programmes which we may initiate. The programme will be subject to the following terms and conditions in addition to other Specific Terms & Conditions issued from time to time.
30.2 Reward points will be issued on the basis of the criteria which we publish from time to time based on the usage of the card and the amount of eligible types of expenditure incurred through the card. The reward points may be redeemed for goods, services or benefits set out in the reward catalogue current for the time being.
30.3 Cardholders will only be eligible to participate if their credit card is in good standing and valid at all times. We reserve the right not to credit points for cash advances, finance charges, penalties, utility bill payments and any other types of expenditure which we may specify. The list of eligible transactions will be determined in our sole discretion and may be varied by us without prior notice.
30.4 The reward points credited to every cardholder will be indicated on the cardholder's monthly statement.
30.5 Cardholders may use their reward points for goods, services and benefits set out in the rewards catalogue which we issue online and/or publish in hard copy from time to time. The procedures and manner in which reward points may be redeemed will be set out in the rewards catalogue. Please note that the rewards catalogue may be changed or replaced from time to time as determined by us.
30.6 Our books and records will be conclusive as to the reward points which a cardholder has accrued, redeemed or forfeited.
30.7 If a credit card is cancelled or terminated or if the account is past due, we may in our discretion not permit the cardholder to earn or redeem the reward points.
30.8 Accumulated reward points may be cancelled if
(a) the credit card is not in good standing;
(b) the credit card has expired or has been terminated or revoked or expires without renewal.
(c) there has been a breach of the card agreement or any applicable terms and conditions;
(d) any other event occurs that in our sole discretion disqualifies the cardholder from redeeming the reward points; or
(e) the credit card has expired or has been terminated or revoked or expires without renewal.
30.9 Certain goods or services offered through the rewards catalogue may not be available from time to time. In such cases, we reserve the right to substitute such goods and services with rewards of a comparable value or type.
30.10 The rewards catalogue may be varied, amended or re-issued from time to time. Redemption of points shall only be for the goods, services and benefits set out in the catalogue current at the particular time.
30.11 We shall not at any time be considered as the supplier of the goods, services or benefits for which the reward points have been redeemed and will not be responsible for such goods, services and benefits. We undertake to make available the goods, services and benefits through third party suppliers. We give no warranty and undertake no liability in respect of the quality of the goods, services and benefits redeemed for the reward points or their suitability or fitness. If the goods, services or benefits are faulty, unsatisfactory or defective in any way we shall convey the complaints to the supplier.
30.12 Reward points may have a time limit or expiry date placed for their redemption.
30.13 We reserve the right to disqualify a cardholder from any rewards programme.
30.14 We reserve the right to cancel/amend or discontinue any rewards programme and cancel any accrued rewards or reward points without any liability to us.
31. APPAREL-DUNIA CO-BRANDED CREDIT CARD-SPECIFIC TERMS AND CONDITIONS
The following terms and conditions shall be applicable to co-branded credit cards that are launched jointly from time to time by Apparel and dunia (hereinafter referred to as "Club Apparel-dunia Credit Card") in addition to the general terms and conditions appearing above under Part V (other than Clause 30 thereof). You shall be deemed to have accepted all terms and conditions contained herein upon signing, activating and using the Club Apparel - dunia Credit Card.
I. Definitions Unless the context requires otherwise, the following capitalized terms shall have the meanings ascribed to them as under:
Apparel means Apparel FZCO, a company incorporated and existing under the laws of JAFZA, United Arab Emirates, having its registered office at Plot No: S21317, Jebel Ali Free Zone, Dubai, which expression shall include it successors in interest and permitted assigns.
Apparel Stores means all the retail stores either owned or operated by Apparel or its affiliate in the UAE at present or in the future, as notified by us from time to time.
Club Apparel Loyalty Account means the account maintained and operated by Apparel into which Loyalty Points will be credited for each Valid Spend.
Club Apparel Loyalty Program means the loyalty program offered by Apparel pursuant to which Loyalty Points will be credited to your Club Apparel Loyalty Account and which may be redeemed against Apparel products, discounts and other loyalty incentive rewards.
Loyalty Points means the points calculated by us as a percentage of the Valid Spend that you incur using the Club Apparel Dunia Credit Card and credited to your Club Apparel Loyalty Account.
Valid Spend means amounts spent by you using the Club Apparel - Dunia Credit Card within the credit limit applicable to you for purchases made at Apparel Stores and Other Stores in accordance with these terms and conditions, but shall not include the following transactions on the Club Apparel - Dunia Credit Card: (a) fees, charges and interest; (b) any cash withdrawals or advances; (c) balance or money transfers; (d) credit card loans; (e) foreign currency purchases; (f) premiums and other payments in relation to insurance products or products that we may choose to offer; (g) utility bill payments; (h) any finance charges; or (i) any other transactions that we may include in this list from time to time.
Other Stores means all establishments supplying goods and/or services other than Apparel Stores which accept the Club Apparel - Dunia Credit Card as a mode of payment within or outside the UAE.
II. Specific Terms and Conditions
31.1 You hereby agree that for purposes of Clause 5 of Part II of the Terms and Conditions of General Application we shall be authorized to disclose information pertaining to you, your credit card, and your relationship with us, to Apparel and its subsidiaries, associates, branches, assignees, service providers, insurers, agents and other parties in order to enable us and Apparel to perform each of our obligations relating to Club Apparel - Dunia Credit Card.
31.2 You will be eligible to accumulate Loyalty Points and take part in the Club Apparel Loyalty Program subject to the terms and conditions contained herein. The Club Apparel - Dunia Credit Card will not be eligible to earn rewards points, cash back, etc. under any other credit card rewards scheme of Dunia.
31.3 You shall be eligible to accumulate Loyalty Points and Loyalty Points will be awarded to you, only if (a) your Club Apparel - Dunia Credit Card is valid and in good standing in accordance with our criteria and standards, as amended from time to time; (b) no breach has been committed by you of these terms and conditions; (c) no other event has occurred, which, in our opinion, should result in the cancellation of the benefit of the Loyalty Points and/or the Club Apparel Loyalty Program.
31.4 All Valid Spend charged to Club Apparel - Dunia Credit Card will be eligible for Loyalty Points. We reserve the right, in our sole discretion to be exercised at any time and without prior written notice to you, to change the ratio between Valid Spend and the Loyalty Points awarded for such Valid Spend. We also reserve the right, in our sole discretion without prior notice to you, to add to, or remove from, the list of transactions that would constitute Valid Spend and be eligible for award of Loyalty Points. All determinations made shall be in our sole discretion, and each determination shall be final, conclusive and binding on you, absent manifest error. Furthermore, our records, books and other information shall be conclusive evidence of calculations made by us hereunder.
31.5 Loyalty Points shall be credited to your Club Apparel Loyalty Account periodically. Loyalty Points earned during a month will be shown on your credit card statement. The aggregate of the Loyalty Points earned or redeemed by you and your current available balance can be viewed by you at Club Apparel's Website http://clubapparel.appareluae.com or by calling Club Apparel's contact centre at 800 - Apparel (2772735). In case of any erroneous credit of Loyalty Points, as determined by us in our sole discretion, the erroneous entries shall be reversed. Where you successfully dispute any transaction on the Club Apparel- Dunia Credit Card, the credit of the corresponding Loyalty Points shall be reversed. You are responsible to ensure that the number of Loyalty Points credited to your Club Apparel Loyalty Account is accurate and that you redeem the same during their validity.
Loyalty Points shall be credited to your Club Apparel Loyalty Account periodically and shall be valid for such period as may be notified by Club Apparel from time to time on their website. Unless redeemed during such period, Loyalty Points shall expire.
31.6 Loyalty Points accruing from Valid Spend on a supplementary card shall be credited to the Club Apparel Loyalty Account of the supplementary cardholder.
31.7 We shall from time to time determine the maximum number of Loyalty Points and/or benefits that may be obtained with the Club Apparel-Dunia Credit Card. You shall only be entitled to Loyalty Points and/ or benefits for transactions on the Club Apparel-Dunia Credit Card that are within the assigned credit limit of the Club Apparel - Dunia Credit Card. Transactions exceeding the assigned credit limit of the Club Apparel - Dunia Credit Card shall not be entitled to earn Loyalty Points.
31.8 In addition to any other conditions outlined in these terms and conditions, Loyalty Points shall not be credited to your Club Apparel Loyalty Account and/or existing valid Loyalty Points shall be forfeited by you if (a) your credit card account is not current (i.e. there are past due balances on the credit card account); (b) your credit card account is not in good standing in our sole opinion; (c) there has been a breach by you of any terms or conditions governing the use of the Club Apparel - Dunia Credit Card; (d) your Club Apparel-Dunia Credit Card is cancelled; or (e) any other event occurs, which, in our opinion, should result in the cancellation of the benefit of the Loyalty Points to you. Loyalty Points will not be credited retrospectively to your Club Apparel Loyalty Account.
31.9 Loyalty Points shall be solely redeemable against goods and/or services at Apparel Stores, subject to these terms and conditions and the terms and conditions of the Club Apparel Loyalty Program which can be viewed at Club Apparel's website at http://clubapparel.appareluae.com The Loyalty Points have no monetary value and cannot be exchanged for cash or credit, nor may they be used for the payment of any fees or charges. Loyalty Points are not transferable to or utilizable by any other person including between primary cardholder and supplementary cardholder. Loyalty Points,once redeemed, cannot be reinstated, nor can they be redeemed in conjunction with any other discounts or promotions at Apparel Stores.
31.10 Apparel shall be responsible for the redemption of Loyalty Points, and you will have a sole direct relationship with Apparel for any issues, query or dispute related to the issuance/ redemption/query on Loyalty Points issued/redeemed/used/remaining in your Club Apparel Loyalty Account. dunia takes no responsibility on the Loyalty Points and their usage, and is a mere facilitator providing information of spend on the card during every statement period to Apparel for issuance of Loyalty Points to your Club Apparel Loyalty Account in ratio of the Valid Spend, as per the terms of the Club Apparel-Dunia credit card issued. dunia provides no guarantee and shall have no liability to you or any other person for any failure of Apparel to redeem the Loyalty Points. Further, dunia shall not be responsible for ensuring the redemption of your Loyalty Points at the Apparel Stores, and shall not be liable in case of Apparel's refusal or failure to redeem Loyalty Points for any reason whatsoever. dunia shall not in any way whatsoever be responsible towards you for the Club Apparel Loyalty Program nor the activities and benefits offered by Apparel. dunia shall also not be responsible for the quality of Apparel products, or any claims or damages made by you in respect of the activities and benefits offered by Apparel, which are at all times subject to the terms and conditions determined by Apparel from time to time, and available on their website http://clubapparel.appareluae.com
31.11 We shall not be liable for losses, damages, expenses, claims or any other liability whatsoever, whether direct, indirect, consequential, incidental, special or punitive, sustained by you as a result of the redemption of Loyalty Points or failure to redeem Loyalty Points, possession and/or use of the Loyalty Points, or in any other way arising from membership in, or in connection with, the Club Apparel Loyalty Program, nor shall we be responsible or held liable for any amounts payable by you to any third party arising out of the purchase.
31.12 We shall not be held liable for any defective or damaged goods or merchandise purchased by you from Apparel. Further, we make no representation and provide no warranty whatsoever, whether express or implied, and undertake and assume no liability whatsoever, in respect of the products and/or services availed by you through redemption of the Loyalty Points or the suitability or fitness thereof for any use or purpose. All Loyalty Points and the products and/or services availed by you through redemption of the Loyalty Points shall be accepted by you on an "as is" basis at your own risk and peril.
31.13 The Club Apparel-Dunia Credit Card is intended for your personal use only. Use of the Club Apparel-Dunia Credit Card for commercial or business transactions is not permitted save with our prior written consent. Any such commercial transaction shall not entitle you to earn Loyalty Points. Whether a transaction is a commercial / business or personal transaction shall be determined by us in our sole discretion.
31.14 We and/or Apparel reserve the right to disqualify you from further using participation in the Club Apparel-Dunia Credit Card Program if, in our sole judgment, you have in any way violated these terms and conditions or the Club Apparel Loyalty Program terms and conditions. Suspension and disqualification will lead to forfeiture of all accrued Loyalty Points.
31.15 The fees and charges payable by you in relation to a Club Apparel - Dunia Credit Card shall be in accordance with our schedule of the prevailing fees and charges published periodically which can also be viewed at www.dunia.ae/fees.
31.16 Notwithstanding anything contained herein to the contrary, we shall be entitled, at any time in our sole discretion, without any prior notice and without being liable to you in any manner whatsoever, to terminate the benefits accruing with use of the Club Apparel - Dunia Credit Card, and/or change, vary, modify, add to or delete any of the terms and conditions outlined herein, and/or withdraw and/or revoke any accrued Loyalty Points and/or modify or limit the value of the Loyalty Points and/or the manner of accrual of the Loyalty Points.
31.17 Apparel may vary or change any of the terms and conditions of the Club Apparel Loyalty Program in its sole discretion without prior notice to you.
31.18 In the event of termination or change in terms of the co-branded credit card agreement with Apparel, Dunia reserves the right, and at its sole discretion, to withdraw, cancel, or replace the Club Apparel-Dunia Credit Card with another co-branded card or Dunia credit card as it may deem fit.
31.19 In case of any conflict between these terms and conditions and the terms and conditions of the Club Apparel Loyalty Program, these terms and conditions shall prevail.
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PART VI: INVESTMENT AND INSURANCE PRODUCTS
1. GENERAL |
1.1 We may offer you investment and insurance products from time to time. In offering you such products we may also offer financial facilities for the purchase of such products if you qualify. As security for such financing we may require a lien, charge or assignment over such products in our favour.
1.2 These investment and insurance products are issued by selected third party fund houses and insurance companies. In making available such investment and insurance products, we do not make any representations or warranties as to the success, suitability, satisfactory results or performance of such products. We therefore take no responsibility, liability or obligation in respect of such products.
1.3 Such investment and insurance products are not guaranteed by us nor insured or guaranteed by any government agency.
1.4 Each investment product and insurance product will have its own Specific Terms & Conditions and you must carefully read and understand such terms and conditions before purchasing the product.
1.5 Some Investment Products will not be offered or made available to certain nationalities as a result of the criteria and the regulations established by each fund house. In particular, certain investment products will not be offered to a "United States Person".
2. INVESTMENT SERVICES AND PRODUCTS
2.1 We may from time to time make available or offer to you an investment account for the purchase and sale of investment products or investment funds from designated fund houses and issuers specifically selected by us. In making such selection and making available the products and funds, we act only as facilitators and do not give any assurances or representations as to the performance of the products or funds.
2.2 If you wish to open an investment account, the investment account opening form will set out the Specific Terms & Conditions to which the investment account services are subject. We reserve the right to vary all terms and conditions by notice from time to time.
2.3 Monies placed in investment products through an investment account with us are NOT deposits and are not guaranteed by us or any governmental authority.
2.4 Once you appoint us as your investment service agent by opening an investment account, we shall handle all purchases, conversions and redemptions of investment products on your behalf. As your investments service agent we shall establish minimums, limitations, restrictions and charges for the investment products account which we open for you. Please note that other than as stated in the General Terms & Conditions or notified in writing to you, we shall not have any responsibility or obligation to you in respect of the investment products account which we administer for you.
2.5 Before investing in an investment product please request a copy of the information and material which we may have on the product including any prospectus. You must read the material carefully and make sure that it meets your expectations as to your investment goals and the risk level you are prepared to take. Our representatives will discuss the various investment products available through us and provide the material but the investment decisions are made entirely by you.
2.6 You should be aware that investment products (including mutual funds) involve investment risks which include depreciation in value and even loss of the amount invested and we shall not be liable for any such depreciation or loss. You should obtain independent advice and read the prospectus and accompanying literature in respect of the products prior to making such investments. Past performance of an investment fund or product is not an indication of future performance and the value of investments may go up as well as down. There can be no assurance of growth or income. Investment products carry varying degrees of inherent risk and all such products are subject to various economic, political, currency, liquidity and other risks, geographical factors and market forces. You must ensure that the products you choose are appropriate for your investment risk profile and personal circumstances. Investment products are also subject to various fees and charges for entry, management, redemption and cancellation. No loss of funds or investment in such products entitles a customer to any recourse to Dunia, nor may the customer refuse or fail to honour his obligations and liabilities to us, including payment of monies owing in respect of any of the investment or other Products, Services or advances made available.
2.7 Our representatives will be pleased to discuss the performance of various investment products available but we shall not be liable or responsible for the investment decisions made by you or for the performance of the investment products.
2.8 The instructions to purchase or sell investment products shall be in writing or other agreed means, including online instructions where applicable. We shall implement your subscription orders or instructions to purchase securities within a reasonable time after receipt. Purchase orders will only be implemented subject to cleared funds being made available to us. If you do not make cleared funds available we shall delay implementation of orders until we receive cleared funds.
2.9 We shall execute your instructions and investment decisions on a best efforts basis and shall not be liable for any delays or losses caused for any reason whatsoever.
2.10 Investment accounts may be denominated in multiple currencies as applicable to the investments. In executing instructions to purchase or redeem investments in different currencies the resulting foreign exchange transactions will be subject to applicable foreign currency rates and our fees and charges.
2.11 In implementing your investment decisions we may consolidate your instructions with those of other investors and may, if circumstances so require, hold the investments in our name as nominees for all our customers.
2.12 You may instruct us from time to time to sell or redeem some or all of your investments or to convert some of your investments into other investments. Any monies we receive after receiving your investments will be held to your order. The responsibility for collecting redeemed funds or giving other instructions to deal with them rests entirely with you and we shall not pay any interest on the proceeds held for you.
2.13 Our investment products account may require the maintenance of a minimum value of assets under management. If the balance in your account is below the required minimum we reserve the right to charge a fee and/or close the account.
2.14 You will be advised of our fees for the services rendered in respect of your investments account. By opening an investment account you consent to our receiving fees from any fund house where we place funds on behalf of our customers without our being obliged to disclose the fees received or our arrangements with the fund house. You recognize that we or our affiliates, group companies and our sales personnel may earn or receive fees, commissions or compensation from the fund houses.
2.15 Where you give us instructions to purchase or sell any particular investments through your investment account, or to make any inquiries or proposals, we may reimburse ourselves and charge to your account any costs, commissions and/or fees for the same.
2.16 For the purposes of purchasing, selling, converting and redeeming investments you will follow the procedures which we set out from time to time and use the instructions forms which we provide.
2.17 Unless otherwise agreed all instructions must be in writing and as a general rule we shall not accept any verbal, email, or facsimile instructions. However, at your request and on the basis that you hereby fully indemnify us against any improper or fraudulent instructions, errors, defects, or other claims or losses being made or incurred, we may agree to act on verbal or facsimile or email instructions. We reserve the right not to act on any verbal, facsimile or email instructions for any reason. We may at our sole discretion accept telephone instructions. We reserve the right to record telephone and all other communications with customers.
2.18 We shall dispatch to each investment customer a periodic statement of the customer's investment accounts listing all transactions for the statement period and the current status of the account. The customer will notify us of any errors within fourteen (14) days of dispatch, failing which the contents of the statement shall be taken to be accurate and binding.
2.19 The sale and redemption of all the investments will not automatically terminate the investment account and fees and charges will continue to be levied unless the account is properly closed or terminated.
2.20 We reserve the right to terminate an account at any time without assigning any reason.
2.21 Customers who hold investment accounts with us for the purchase and sale of investment products may on application be granted investment finance or other loans or facilities on the security of their investments either directly by us or through a bank or financial institution if they qualify for such facilities.
2.22 We shall be at liberty and are hereby authorized to sell or liquidate any of your investments at any time with or without notice in order to recover or recoup any amounts due and owing to us in relation to the investment account or loan account or for other Products or Services that you have from us.
2.23 You may not assign, transfer or pledge your investment account or the investments standing in credit in the account or any right or title to such account or investments to a third party without our prior written consent. Any pledge or assignment may only be made in our favour.
2.24 Where the investment account is a joint account we are entitled to accept and implement the instructions of any of the account holders. In doing so, all the other account holders will be fully liable for such instructions and will indemnify us against all costs, claims or losses incurred in implementing such instructions. In the case of joint accounts each of the account holders shall be jointly and severally liable to us for any payments or obligations due.
2.25 You are obliged to report and pay any taxes that you may be subject to as a result of factors such as your nationality, place of residence or other income, place of business or the nature of investment gains. You should make payment directly to the relevant authorities.
3. INSURANCE PRODUCTS
3.1 We may make available to our customers various insurance products issued by well known insurance companies. However, in making available such insurance and insurance products we do not make any representations or warranties as to the suitability, satisfactory cover or performance of such products. We therefore take no responsibility, liability or obligation in respect of such insurance products. Whilst our representatives may be available to discuss the products offered, customers are expected to assess for themselves the suitability, values and benefits of such insurance products to make the necessary decisions and to assume full responsibility for their decisions.
3.2 In making available such insurance products for our customers we simply provide access to such products. We do not issue or administer the insurance policies, insurance cover or any other aspect of the insurance products nor do we handle or process any claims or entitlements under the insurance policies. These responsibilities and obligations are exclusively those of the insurance companies issuing the insurance products.
3.3 We may, from time to time, change the insurer underwriting the Insurance Product (s) at our sole discretion.
3.4 You will pay our fees (if any and as disclosed) for the insurance services rendered to you. You recognize that we or our affiliates, group companies and our sales personnel may earn or receive fees, commissions or compensation from the insurance companies providing the products. |
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PART VII: THE SERVICES
1. AUTOMATED TELLER MACHINE (ATM) CARD SERVICES
1.1 We may at our discretion issue you with an automated teller machine (ATM) card. This will enable you to obtain disbursements of Loans and other products made available to you, make inquiries on your CN account, deposit cash for payment (but not for personal deposits) and cheques for payments due for our Products and Services including credit cards, and (where approved) obtain cash on your credit card through our ATMs. Personal deposits will not be accepted under any circumstances.
1.2 The ATM card will be used with a personalized PIN created by you. You are responsible for the safe and proper use of your card and the PIN number and the safe custody of both. In the event of any theft, loss or unauthorized use you will remain liable for transactions made on your ATM card unless you have notified us of the theft, loss or unauthorized use in time to enable us to block such transactions. We shall not accept any liability for the wrongful use of the ATM card unless any loss or damage is caused by our gross negligence or willful default.
1.3 The ATM card is not transferable and is personal to you. Only you may use the ATM card for access to our Products and Services. The ATM card remains our property at all times and is to be returned to us immediately upon demand.
1.4 Replacement ATM cards and new ATM cards will be issued at our sole discretion upon request and subject to any charges payable and the terms and conditions in force at all times including these General Terms & Conditions.
1.5 All transactions using the ATM cards will be recorded by us and our records and statement of account will be conclusive and binding on you for all purposes except where there is an obvious error or omission.
1.6 We may at any time without assigning any reason withdraw, suspend or cancel the use of any ATM card or vary the terms and conditions for its use or restrict its use in any manner we think fit.
1.7 You will indemnify and keep us fully indemnified against all losses, costs, claims or damages or other liabilities which we may sustain or incur as a result of your use of the ATM card unless such loss, damage or claim is due to our gross negligence or willful default.
1.8 We are not responsible or liable for any loss or damage arising as a result of any ATM declining to honour, accept or operate on your ATM card for any reason whatsoever, whether valid or not.
1.9 ATM cards may only be operational on Dunia ATMs and may not be usable with other ATMs. Access through other ATMs will be made available when arrangements are in place.
1.10 Cash withdrawals through the ATM are permissible up to the available balance in your account or a daily limit set by us from time to time, whichever is lower.
1.11 Cash or cheques may be deposited through some or all of our ATMs. Cash deposits will be posted to your account within two (2) working days and cheque deposits will be posted subject to clearing and receipt of funds. For all such ATM deposits the receipts issued by the ATMs will be the sole receipts issued.
1.12 In case of any ATM related dispute we shall use our audit records of the ATM (either in a printed or electronic form) which shall be final and conclusive evidence in all disputes.
2. BILL PAYMENT SERVICES
2.1 You may use our Utility Bill Payment Service to effect payment of utility bills. A "utility bill" is one issued for the use or consumption of electricity, water, sewage, telephone, mobile telephone, internet and other similar utilities, products or services.
2.2 We shall pay the utility bills within five (5) working days of receiving your instructions. Before accepting and acting on any instructions we may ask you to verify your identity and confirm your instructions.
2.3 As it will take up to five (5) working days to effect payment of your utility bills any charges for delayed payment or disconnection of services for non-payment will not be our responsibility or liability.
2.4 The utility bill payment service is provided entirely at your risk and we shall not be liable for any omission, failure or delay in making the requisite payment at the requisite times. Whilst we shall make every reasonable effort to provide these services, we shall not be held liable or responsible for any failure, delay or error on our part or any failure, delay or error on the part of the provider of the utility including the recording and effecting of any payment.
2.5 Once you have given us instructions to pay utility bills and we have initiated payment, you may not cancel, amend or reverse such instructions.
2.6 Our record of transactions for your utility bill payments will be conclusive and binding on you and you may not deny liability for payments made.
2.7 We shall be under no obligation to provide a receipt or remittance advice confirming payment of an utility bill.
2.8 A fee may be chargeable for the provision of the Utility Bill Payment Service.
2.9 Unless otherwise agreed, we shall debit your credit card for the amount of the utility bill payments and the fees charged.
2.10 We may discontinue or restrict this Service at any time without assigning any reason.
3. STANDING INSTRUCTIONS
3.1 Standing instructions payment or standing orders are a Service which we shall provide to you through your credit card or any other account or credit amount which we may hold for you. This Service is subject to our rates and charges as per the current tariff and any terms and conditions in the application form. The use of standing instructions to make repayments on loans and credit cards is not permissible.
3.2 We shall be entitled to decline acceptance of standing instructions at our discretion or if you fail to honour your obligations and liabilities to us.
3.3 We shall only process any standing instructions from you if you have the available operational limit in your credit card account.
3.4 If there is insufficient credit available to enable us to process standing instructions, we may at our discretion cancel the standing instructions service without prior notice to you.
3.5 We shall at our discretion determine the order of priority for payment if there is more than one set of standing instructions and an insufficient credit balance available in the account.
3.6 We shall not be responsible for any delays, losses in transit, errors in transmission or other errors in the processing of standing instructions.
3.7 You may amend or cancel any standing instructions by giving us not less than fourteen (14) days prior written notice. Notwithstanding such cancellation, if payment is still made despite our best efforts to cancel your instructions, you will be liable for such payment.
4. ONLINE SERVICES
The following provisions together with any terms and conditions shown on the relevant website or application forms will apply to all Products and Services provided by us through the internet from time to time (the "Online Services") and administration of such Products and Services.
4.1 You will be obliged to pay any applicable fees, expenses and charges applicable in respect of the Online Services provided.
4.2 Any transactions or instructions given through the Online Services will be irrevocable and unconditionally binding on you. You accept that you will make use of the Online Services entirely at your own risk and responsibility.
4.3 Our records of all transactions and instructions conducted through our Online Services will be binding and conclusive in the absence of obvious error or omission in such records.
4.4 You accept that any security procedures we implement for our Online Services are reasonable and adequate. For your part you will keep your CN and the personal identification number (the "IPIN") or password supplied to you or created by you for the purposes of the Online Services confidential and prevent the same from being disclosed to third parties or unauthorized persons. You will be fully responsible for the safe keeping of all numbers and passwords as we accept no responsibility or liability for any fraud or damage arising as a result of loss or compromise of the IPIN.
4.5 We shall not make any investigations regarding the identity of the user using the Online Services in your name other than making reasonably sure that the appropriate passwords and identification or security methods have been applied. Any use of the Online Services by unauthorized third parties will be solely your responsibility unless you have advised us of the possibility of such unauthorized use and we have had reasonable time to terminate access by unauthorized parties by changing the various security and authentication codes.
4.6 All information stored on the Online Services belongs entirely to us.
4.7 We shall be at liberty to:
(a) take such steps as we deem necessary to restrict access to the Online Services;
(b) introduce additional or alternative security measures for authentication purposes; and
(c) restrict or terminate your use of the Online Services.
4.8 Whilst the Online Services are provided by us and through our facilities we shall not be responsible or liable in any manner for any of the following:
(a) failure to make available or accessible any Online Services due to technical, network or other malfunction or breakdown, routine maintenance or upgrades;
(b) any errors or omissions or any loss or damage that may occur or arise as a result of any malfunction or failure of the Online Services or otherwise howsoever;
(c) any additions, deletions, variations or changes to the Online Services and its use or the terms and conditions under which it is available or daily cut-off times;
(d) any partial, incomplete or failed transaction or bill payment; or
(e) failure of any equipment or software provided by third party software providers, service providers and network providers (including but not limited to telecommunications providers, Internet browser providers and Internet access providers), or any agent or subcontractor of any of the foregoing.
4.9 Whilst we shall provided the Online Services in a good faith and best efforts basis, we shall not be liable for any loss, damages, costs, or claims incurred by you howsoever caused. In particular we shall not be liable for any financial loss due to online credit card fraud.
4.10 We are unable to guarantee the accuracy, completeness and timeliness of information provided through our Online Services. We may vary, amend or change the information and the website linked with our Online Service.
4.11 We shall not be liable for or responsible for any damage or loss caused by any computer virus, computer code or programming device used in connection with our Online Services, or by any corruption, disruption or damage to information, software, hardware, data or property by reason of or incidental to the use of our Online Service;
4.12 We reserve the right to decline to process or honour on line instructions or communications.
4.13 We may terminate your use of the Online Services at any time in our discretion without having to assign any reason.
4.14 We shall notify you from time to time of the internet software required for using our Online Services and where possible assist in helping you access it. However, we are not obliged to support all versions of the internet software. You will remain responsible for upgrading your software, hardware and operating system from time to time so as to be compatible with ours.
4.15 Any hyperlink on our website is for information purposes only and for your convenience. We shall not analyze or investigate such links. The inclusion of a hyperlink does not imply any endorsement of the material on such site.
4.16 Certain correspondence such as the online banking password and e-statements will be delivered to you through the email address registered with us. Emails will be sent to you through the public network. You must immediately change the password and/or PIN numbers as soon as you receive them. Thereafter, you should change such numbers periodically. We shall not be responsible for any failure or delay in delivery or for the loss of data or confidential information or for misdelivered e-mails .
4.17 Whilst we shall provide internet security we cannot guarantee complete protection against internet fraud, hacking and other actions that could affect customer transactions or any other instructions to us including delays or failures in processing the transaction or instructions.
4.18 You agree and undertake:
(a) not to use any software or material which you know or have reason to suspect contains any viruses, malicious code, or damaging components which may interfere with the operation of the Online Services or corrupt data or software on or provided through the Online services;
(b) not to transmit any materials or information through the On Line Services which may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses, malicious code or damaging components.
4.19 You will be solely responsible for ensuring the accuracy, adequacy, and completeness of the electronic instructions and that we shall not be obliged to verify the accuracy, adequacy and completeness of such instructions.
4.20 We shall not be liable for any loss, damage, or expense suffered by you as a result of :
(a) electronic instructions being inaccurate, inadequate or incomplete in any way; or
(b) any failure, refusal, delay or error by any third party through whom any such electronic instructions are transacted.
4.21 Online instructions will not be deemed to have been received by us unless you receive confirmation of receipt. In the event of non-receipt, your instructions will not be carried out or processed and we shall not be liable for any loss, damage, or expense which thereby arises.
5. STATEMENTS
We shall issue statements of accounts periodically for customer convenience for the various Products and Services accounts which you may have with us. These periodic statements of account will be conclusive and binding on you unless you object within fourteen (14) days from the statement date. However, notwithstanding any objections to the entries in the statements or non-receipt of statements, you are still obliged to make any payments and discharge any other liabilities and obligations you may have and any claim of error with regard to our statements of account does not exempt you from making such payment or discharging such liability. A fee may be chargeable for the provision of paper statements.
6. EMAIL STATEMENTS
6.1 We may at our sole discretion provide statements of account by e-mail.For greater convenience, you may request for your statement of account by e-mail instead of in a paper form. However, whenever necessary and at our sole discretion. You may receive a paper statement instead.
6.2 Where we agree to provide email statements to you it will be on the basis that you will fully indemnify us against any costs, claims, losses or damages by reason of any errors or omissions on the email statements, misdelivery, non-delivery or otherwise arising directly or indirectly as a result of the email statement service.
6.3 If you request email statements, you would do so on the understanding that such means of communication have an inherent risk of the data and confidential information being accessed, seen by or manipulated by other parties. For this reason you will agree to waive any right or claim of action they may have against us or our employees or offices in this regard. You will also unconditionally and irrevocably undertake to indemnify us, our employees, officers and representatives against all losses, costs, damages or expenses arising by the provision of email statements.
6.4 We shall be at liberty to terminate or restrict the availability or use of the email statement service at our discretion at any time without assigning any reason therefor.
6.5 There may be charges for this service.
6.6 You must notify us of any discrepancy, omission, inaccuracy or wrong entry in an email statement within fourteen (14) days from receipt of the email statement. Upon expiry of this period, you will in the absence of notification be deemed to have received and accepted as true and correct all the entries to the email statement.
6.7 Your contractual and other obligations to us including the obligation to make any and all payments due will remain irrespective of the receipt or non-receipt of the email statement.
7. TELEPHONE SERVICES
7.1 Our telephone centre will make available to you a range of services through the telephone including information regarding status of and balances on your account for the various Products and Services, extended information on the Products and Services, receipt of limited instructions and applications, provision of application forms and materials, credit card and ATM card services and such other services as the centre may be designed to provide. Please note that the range of services provided by telephone may change from time to time. All telephone communications with our telephone customer service personnel may be recorded for the purposes of storage, verification, training and ensuring required customer service levels.
7.2 When making available our telephone customer service facility, we shall issue you with a telephone personal identification number ("TPIN") as security for the use of this service. The TPIN must be kept confidential and must not be disclosed to any other person. You will be fully responsible for the safe keeping of all numbers and passwords as we accept no responsibility or liability for any fraud /or damage arising as a result of loss or compromise of the TPIN.
7.3 We shall accept your instructions over the telephone using our telephone services on the basis that you will fully indemnify us and hold us harmless against any consequences, claims, proceedings, damages or losses which may arise or may be incurred by reason of our acting in good faith on your instructions and carrying out instructions from you or purporting to be from you. Other than to undertake our standard security checks we shall be under no obligation to verify that the instructions are from you.
7.4 In using this service you acknowledge that we may deal with and provide information to any party who purports to be the customer, provided that the customer verification procedures in force from time to time have been followed by our personnel.
7.5 The use of the telephone service is personal only to you and you must not permit any third party to use this facility on your behalf. Any liability or responsibility for third parties who access such services in your name will be borne by you unless t we are grossly negligent or in willful default.
7.6 We are not liable for any loss or damage incurred by reason of any error, failure to provide the service, provision of erroneous information, failure to act on instructions or otherwise howsoever unless the same is shown to have been caused by our gross negligence or willful default.
7.7 You may change various passwords and personal identifications numbers using our telephone services once your TPIN is validated and the security measures have been complied with. However, in making available this service to you we take no responsibility for any consequences, costs, claims or damages arising.
8. ALERTS
8.1 From time to time we may make available an alerting service by using SMS or emails to send messages alerting you on various matters concerning your accounts and our Products and Services. These would include, for instance, alerts as to payments due, expiry of a Product or Service, introduction of new or improved Products or Services, or outstanding balances in respect of Products or Services. The service may also alert you to any actual or potential defaults in your payment or other obligations.
8.2 You may be required to register for the service in order to make use of it. The registration will also constitute registration for our online services and your acceptance of the General Terms & Conditions.
8.3 Whilst we shall use our best reasonable efforts in providing the alerts and information, we do not accept any liability or responsibility whatsoever for (i) any failure or lapses in the alerting service or (ii) the content or nature of the information sent to you by or through the alerting service or (iii) information which may have been omitted to be sent or sent in error.
8.4 We may send you additional information from time to time on our Products and Services. In the event that you do not wish to receive or continue receiving such information please notify us in writing or through other available channels.
8.5 In the event that any change in the communication details concerning the alerting service, including your mobile number, email address, or account number, it will be your responsibility to notify us in writing in adequate time and ensure that the new details are entered in our records.
8.6 The alerts that you receive will be based on the information that you have selected as being required. This information may be selected at the time of registration or notified to us thereafter through established means. The responsibility for setting the required information alerts and for the use of this service in a proper and effective manner is entirely yours.
8.7 You may give us instructions to vary the nature and content of the alerts that you receive either by written notification in our standard forms (if any) or other accepted means of written communication or alternatively through our telephone services. Your instructions will be implemented after they have been subjected to our internal verification processes.
8.8 The alerting service will only be available to you if you are within the coverage area of the cellular service operator we select. We take no responsibility for any defects, failure of delivery or malfunction by the cellular service operator or its services. In particular, we shall not be responsible for the quality of the service provided by the cellular service operator or any third party service provider and make no guarantee and give no assurances as to the delivery or accuracy of the alerts.
8.9 We may at any time discontinue this service at our sole discretion.
8.10 The tariff for our fees and charges for use of the alerting service will be set out in a schedule of tariffs which we shall make available to you on registration for the alert service.
8.11 If you wish to cease using the alerting service you will cancel it by written request to us. However notwithstanding any such cancellation, you will remain liable for all alerts and other transactions that occurred prior to our terminating the service.
9. REMITTANCES
9.1 In conjunction with other financial institutions we shall provide a service to our customers for the quick and convenient remittance of funds. The charges and fees for this service will be notified to customers from time to time.
9.2 The terms and conditions governing the remittance of funds may be specified on any application form provided for the purpose. In addition you acknowledge that the terms and conditions of the external financial institutions involved in providing the service shall also apply.
9.3 We shall provide our services on a best efforts basis but shall not be responsible or liable for any loss or damage arising and howsoever caused by reason of the remittance or failure to remit funds on your instructions unless such loss or damage has been caused by our gross negligence or willful default. |
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PART VIII: PAYROLL CARDS
Terms and Conditions for Payroll Cards These Part VIII Terms and Conditions shall be applicable to Payroll Cards in addition to the Terms and Conditions of General Application set out in Part II save where such Terms and Conditions of General Application are in conflict with these Part VIII Terms and Conditions, in which event these Part VIII Terms and Conditions will govern.
1. GENERAL
1. We may offer an Employee a Payroll Card at our sole discretion if we are appointed as agent/bank for the Employer of such Employee in the context of WPS and the Employee qualifies for the Payroll Card which will allow the Employee to withdraw his/her salary using his/her Payroll Card in accordance with the guidelines and rules of WPS.
2. Every Payroll Card will also be subject to terms and conditions stipulated by the association issuing such card (such as MasterCard International Inc. or Visa Inc.) or as set out in the application form.
3. The Payroll Card will be dispatched to the Employer or Employee by Courier or by regular mail at the risk of the Employer or Employee, as applicable. Alternatively, we may request the Employer or Employee to collect it from our branch. On receipt of the Payroll Card, the Employee must sign on the reverse of the Payroll Card in the space indicated and call our phone banking unit to activate the Payroll Card, if it is not already activated. Prior to such activation the Payroll Card must not be used. If the Payroll Card is delivered to the Employer, it shall be the obligation of the Employer to deliver it to the Employee. The Payroll Card is and will always be our property. It must be surrendered to us immediately upon demand by us at any time, whether or not the Payroll Card has expired.
4. The use of the Payroll Card by an Employee will constitute binding and conclusive evidence of the Employee's acceptance of these Terms and Conditions.
5. The Employee may not transfer the Payroll Card to any other party and it may be used only by the Employee. The Payroll Card must remain with the Employee at all times and the Employee shall be fully responsible for its safe custody and use. The Employee will also be liable for all transactions on the Payroll Card. The Employee may not use the Payroll Card as security or collateral.
6. . We may issue a Personal Identification Number (PIN) or facilitate the selection of a PIN by the Employee for use with the Payroll Card as a security measure. Any such PIN must be kept safe and confidential and must not be disclosed to any third parties including the Employer. The Employee will be solely responsible for any unauthorized use of the PIN or the Payroll Card issued to the Employee.
7. Upon receipt of the necessary approvals under WPS and the relevant funds from the Employer, we will credit the salary of the Employee to his/her Payroll Card. The Employee may use the Payroll Card to withdraw his/her salary. Other than the foregoing and under clause 12 below, we have no obligation to credit the Payroll Card with any other amounts. We shall notify the Employer once the salary has been credited to the Payroll Card. The Employer shall be solely responsible to notify the Employee that the salary has been credited to the Payroll Card.
8. By issuing the Payroll Card, we do not and will not guarantee the payment of salary by the Employer to the Employee. The Payroll Card is merely used as a mode of payment of salary by the Employer and all obligations to pay the salary to the Employee shall remain with the Employer.
9. The Employee may be able to use his/her Payroll Card, within the validity period embossed on the Payroll Card, to:
(a) pay for purchases at supplier/merchants who accept MasterCard or Visa card ("point-of-sale transactions"); and/or
(b) withdraw cash at MasterCard/Visa automated teller machines (ATM).
10. We will credit the Payroll Card with the amount of any refund from a third party merchant or establishment only upon receipt of a credit voucher from the third party merchant or other establishment.
11. We shall be entitled to treat the following as evidence of a transaction concluded by the Employee through the use of a Payroll Card:
(a) any transaction record, credit voucher, cash disbursement slip or other charge record bearing the imprint or other reproduction of embossed information printed on a Payroll Card; or
(b) our record of any transactions effected by the use of a Payroll Card. Our record of all transactions conducted by use of a Payroll Card shall be conclusive and binding for all purposes.
12. The Employee and Employer must familiarize themselves with various charges applicable to the issuance and use of the Payroll Card. These will be detailed in the fee schedule and other material accompanying the Payroll Card addressed to the Employer or Employee and disclosed in a schedule of Applicable Fees and which is also available on our website www.dunia.ae/fees. To know more the Employee may walk in to our nearest financial service centers/branches. We reserve the right to vary or change such charges from time to time as may be deemed fit.
13. Each time the Employee uses his/her Payroll Card, the amount of the transaction will be debited to the Payroll Card. The Employer or Employee shall pay us the charges incurred on the Payroll Card and agree that we may deduct these charges directly from the Payroll Card. We are authorized to debit the Payroll Card with all expenses relating to processing of transactions, fees and charges relating to the issue/reissue of the Payroll Card and any other charges relating to the use of the Payroll Card as may be decided from time to time in compliance with regulations.
14. All transactions and charges will be debited in UAE Dirhams and will be set out in the
Payroll Card statement. The Payroll Card statement will be available on our website www.dunia.ae or, if requested by the Employee, will be emailed to the Employee at the address provided by the Employee or the Employee can request a hard copy of the statement at any of our branches. Transactions and charges originally debited in a foreign currency will be converted at our prevailing rates of exchange for such currency and subject to our foreign exchange transaction charges.
15. The Employee may call our 24/7 phone banking unit to obtain Payroll Card balances or to obtain the details of his/her recent activities or transactions.
16. If at any time the Employee does not wish to use the Payroll Card the Employee is required to cut it in half and return both halves to us. The Employee will be liable for all transactions and charges billed on the Payroll Card.
17. The Employee and the Employer undertake to act in good faith at all times in relation to all transactions and usage of the Payroll Card.
18. If the Payroll Card does not have sufficient funds to cover the amount of an authorization request, we reserve the right, at our sole discretion, to decline the transaction.
19. We may at any time, at our discretion, without prior notice, without giving any reason and without any liability to the Employer and/or Employee, refuse to authorize any transaction on the Payroll Card, or withdraw, restrict or suspend the Employee's right to use the Payroll Card or impose limits on all or some categories of transactions carried out with a Payroll Card notwithstanding, inter alia, that there is adequate funds
available in the Payroll Card.
20. We may from time to time at our discretion and without prior notice change the available benefits and the scope of the services provided by us in relation to the Payroll Card.
21. We have the right to cancel, suspend or withdraw the Payroll Card at our absolute discretion without giving any reasons. In such circumstances, we will notify the Employer in advance and agree on a mode of payment of the Employee's salary to the Employee.
22. Use of the Payroll Card at any of our ATMs or of any other bank or financial institution with whom we have an agreement for the use of the ATMs shall be subject to any applicable daily withdrawal limit and charges.
23. The Employee will be responsible for all transactions undertaken through his/her Payroll Card regardless of whether (1) the transactions were processed with his/her knowledge or express or implied authority or (2) the transactions may be the result of a fraudulent act.
24. We may refuse to authorize a transaction proposed to be conducted with the use of a Payroll Card if we consider that the Payroll Card is being misused or if we suspect fraudulent use of the Payroll Card.
25. The obligations of the Employer and Employee herein may not be assigned or transferred in any way to any other party. We shall have the right at any time to transfer and assign the rights/obligations to any other party as may be deemed fit.
26. Use of the Payroll Card is subject to all applicable rules and regulations of any clearinghouse or other association involved in transactions.
27. If any of these terms is found by a Court to be illegal or not enforceable, the remaining terms shall be valid and binding.
28. If the Employee disputes a debit to his/her Payroll Card as a result of an apparent transaction we shall investigate the transaction. If disputed amount was properly charged, we shall charge the Payroll Card a fee for the investigation.
29. Exemption and Exclusions (a) We shall not be liable to the Employee or Employer or to a third party for any failure in performing our obligations or providing any service including if the Payroll Card is not honoured or accepted or if the Employee, Employer or any third party incurs any loss or injury including by reason of any mechanical or other malfunction in connection with any computer, telecommunications, technical or non-technical failure
(b) We are not responsible for any loss or damage arising as a result of us or any merchant supplier, member of card institution or bank or ATM declining to honour the Payroll Card or accept it or provide any cash withdrawal for any reason whatsoever, whether valid or not.
(c) We are not responsible for any defects in or dissatisfaction with the goods and services purchased by the Employee through the use of the Payroll Card, or any breach or nonperformance by supplier or retailer. If the Employee has any dispute with the supplier/merchant of any goods or services for which the Employee has paid with the Payroll Card. The Employee will liable to us for any debits on his/her Payroll Card and this liability will not affected by the dispute or claim against the supplier/merchant.
(d) We are not liable, if the Employee is unable to use his/her Payroll Card for any of the following reasons:
(i) If the funds lying in the Payroll Card are subject to legal process or other restriction.
(ii) if circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction.
30. Issue of Supplementary Card
30.1 We may agree to issue one or more supplementary cards to persons nominated by the Employee and approved by us. The Employee and the supplementary card holder may both be required to complete necessary application forms.
30.2 The funds loaded from time to time on the primary Payroll Card shall be the available for withdrawal and use by the supplementary card holders. The Employee and the supplementary cardholder will be jointly and severally liable for all debts and outstanding incurred on primary and supplementary cards.
30.3 The Employee as the primary cardholder will fully indemnify us against any loss, damage, liability, cost or expenses however incurred by us in respect of the debits on the supplementary card and any breach of supplementary card holder of these terms
and conditions.
30.4 If the primary card is terminated or cancelled for any reason or is not valid, than the supplementary card will also cease to be valid.
30.5 We shall be at liberty to withdraw or cancel the supplementary card at any time at our sole discretion without having to provide any reason whatsoever.
31. Loss of card and Termination
(a) The Employee will take all reasonable precautions to prevent the loss, theft and unauthorized use of his/her Payroll Card or any PIN issued by us. The Payroll Card is issued entirely at the risk of the Employer/Employee and we shall bear no liability whatsoever for any loss or damage arising from the issue, use or the inability to use of the Payroll Card, howsoever caused.
(b) The Employee must notify us immediately of any loss or theft of the Payroll Card, and also notify the police authorities of the country where the loss occurred. The Employee will be fully liable for all debits to a lost or stolen Payroll Card unless he/she has notified us of the theft or loss and we have had a reasonable opportunity to block the use of the Payroll Card.
(c) In case of loss or theft of a Payroll Card or PIN we may at our sole discretion issue a new Payroll Card or a new PIN. We may issue a new Payroll Card or PIN in case of a Payroll Card or PIN being compromised through use at a merchant or in a particular country. We may also levy a charge at our sole discretion for the same.
(d) The Payroll Card may be terminated if the Employee:
(i) dies.
(ii) is legally incapacitated.
(iii) becomes bankrupt or insolvent.
(iv) no longer employed. or
(v) (at our discretion) ceases to be a resident of the UAE.
32. Salary Advance
(a) The Salary Advance Loan product will be offered to Employees who meet the eligibility criteria determined by Dunia from time to time for this product. A Salary Advance loan product will, in addition to the terms and conditions appearing herein below also be governed by the Terms and Conditions for all Loan Products appearing in Part III above.
(b) An Employee interested in availing a Salary Advance Loan must apply to Dunia
requesting the Salary Advance Loan. Dunia may grant a Salary Advance Loan at its sole discretion and reserves the absolute and unqualified right to refuse an Employee's Salary Advance Loan application without assigning or stating any reason(s) for such refusal. Dunia may by notice to the Employee cancel its commitment to make available a Salary Advance Loan or reduce the amount of the Salary Advance Loan.
(c) The amount of any Salary Advance Loan shall be determined by Dunia in its sole discretion.
(d) The Salary Advance Loan, if approved by Dunia, will be disbursed by way of a banker's cheque drawn in the name of the Employee and sent to the last known address of the Employee by courier or by way of loading of the principal amount of the Salary Advance Loan on to the Payroll Card or such other means as Dunia deems fit.
(e) Details of the applicable interest rate, fees, tenure of the Salary Advance Loan, a schedule of the monthly repayment installments including repayment of principal and interest and all other fees and charges applicable to the Salary Advance Loan will be provided in writing by Dunia to the Employee.
(e) Details of the applicable interest rate, fees, tenure of the Salary Advance Loan, a schedule of the monthly repayment installments including repayment of principal and interest and all other fees and charges applicable to the Salary Advance Loan will be provided in writing by Dunia to the Employee.
(f) The Employee agrees to repay the principal amount of the Salary Advance Loan and all interest, charges and fees applicable to the Salary Advance Loan and/or payable hereunder. The Employee hereby authorizes Dunia to deduct amounts from the salary received by it from the Employer constituting amounts due and payable by the Employee under a Salary Advance Loan and credit the balance to the Employee's Payroll Card.
(g) The Employee may prepay the outstanding amount under the Salary Advance Loan to Dunia in one lump sum payment. A prepayment fee at Dunia's prevailing rate shall be charged to the Employee in this case.
(g) The Employee may prepay the outstanding amount under the Salary Advance Loan to Dunia in one lump sum payment. A prepayment fee at Dunia's prevailing rate shall be charged to the Employee in this case.
(h) Dunia reserves the right, at its sole discretion, to declare all outstanding amounts under the Salary Advance Loan and all fees, costs and interest accrued and unpaid thereon and all other amounts payable to Dunia to be immediately due and payable, including when the Employee dies or his/her employment with the concerned Employer is terminated for any reason whatsoever.
(i) Dunia reserves the right to terminate and/or withdraw the Salary Advance Loan product without prior notice.
(j) The Employee certifies that all information provided to us in connection with an application for Salary Advance Loan will be complete, true and accurate.
(k) The Employee agrees that the Employee's application and/or usage of a Salary Advance Loan product establish the Employee's full and informed consent to these terms and conditions.
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