ELECTRONIC SERVICES TERMS & CONDITIONS
1. SCOPE
1.1 We may, in our sole and absolute discretion, make available to you certain Electronic Services. These Terms and Conditions (these “Terms”) shall apply when you use any Electronic Services provided by us.
1.2. By using our Electronic Services, you confirm that you have read, understood, and accepted these Terms. If you do not agree with these Terms (or any part thereof) or are restricted from or not eligible to use our App, Site and services due to any Applicable Laws, you must cease using our Electronic Services.
1.3. In the event of any contradiction or inconsistencies with other terms and conditions, these Terms shall prevail in respect of your use of Electronic Services. Where a matter relates to your Accounts or any specific Product and/or Service, our Other Terms governing your Accounts or the Product and/or Service shall prevail.
2. DEFINITIONS
2.1. For the purposes of these Terms, the following words shall have the meanings indicated below: -
a. “Access Credentials” refers to any form of identification, token or device (whether electronic or otherwise), issued, prescribed, or enrolled by us for you and/or your Authorised Users to use in order to access your Account(s), our Products and/or Services, our Electronic Services, and/or to facilitate any actions in connection thereto;
b. “Account” refers to each account that you open with us;
c. “Affiliate” refers to any other person or entity that owns or controls, is owned or controlled by, or is under common ownership or control with, such particular person or entity, including any successors;
d. “App” refers to our mobile application;
e. “Applicable Laws” refers to all relevant or applicable statutes, laws (including any reporting and/or withholding tax requirements of any government), rules, regulations, directives, circulars, notices, guidelines and practice notes of any Governmental Authority;
f. “Authorised User” refers to a person that you authorise in writing to access, receive information in relation to, and/or operate, any or all of your Account(s) via the Electronic Services;
g. “Bahrain” refers to the Kingdom of Bahrain;
h. “Bank”, “we”, “our” or “us” refers to Singapore Gulf Bank B.S.C. (Closed) and any of its branches, representative offices, Affiliates, or agents which provide you with Products and/or Services;
i. “Channel” refers to any mode of access to our Electronic Services;
j. “Customer” or “you” refers to the Account holder or the person that we have agreed to provide our Products and/or Services to;
k. “Computer System” refers to any hardware, software, or equipment (e.g. your mobile phone, computer, tablet or other similar devices), or process, that is operated or conducted, in whole or in part, by electronic means and includes information technology systems, telecommunications systems, automated systems and operations;
l. “Digital Onboarding” refers to the process by which you may make an online request for the opening of a banking relationship with us by means of remote identification;
m. “Electronic Services” refers to any banking and other services or facilities which we may offer to you from time to time via electronic means, including any modification thereof made by us in our sole discretion, and may include banking via our App, Site or any other Channel, electronic statements, electronic advices, transaction alerts, cards (including any debit or credit card), banking via email correspondence, or any electronic modes of operating your Account(s) in or outside of Bahrain.
n. “Electronic Transaction History” refers to any record of the transactions performed in respect of your Account(s), including in respect of your time deposit(s), during a specified period;
o. “Force Majeure” refers to forces beyond our control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctioning of utilities, computer breakdown, mechanical fault or failure, problem or fault in any software program, communications or computer (software and hardware) services, government restrictions, suspension of trading by any relevant market, a significant change in monetary, political, financial, or economic conditions, civil order, or other circumstances beyond our control.
p. "GCC States" means the member states of the Cooperation Council for the Arab Gulf States (GCC), namely:
i. the United Arab Emirates;
ii. the Kingdom of Bahrain;
iii. the Kingdom of Saudi Arabia;
iv. the Sultanate of Oman;
v. the State of Qatar; and
vi. the State of Kuwait.
q. “Governmental Authority” refers to any nation or government, any state or other political subdivision thereof, or any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including, without limitation, the Central Bank of Bahrain (the “CBB”) and any other government authority, agency, department, board, commission or instrumentality, any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organization. For the avoidance of doubt, Governmental Authority may include private bodies exercising quasi-governmental, regulatory or judicial-like functions;
r. “Loss” refers to any and all losses, liabilities, judgments, suits, claims, damages, costs and expenses (including legal fees and disbursements, investigation costs, remediation costs, court costs, and court-ordered costs), of any kind or nature;
s. “Other Terms” refers to the terms and conditions which apply to your Account(s) or other Products and/or Services made available to you through our Site, App or any other Channels or via our employees, representatives, agents, and/or our authorised representatives or any other terms and conditions which you may agree to with us.
t. “Personal Data” refers to any information in any form concerning an identified individual, or an individual who can, directly or indirectly, be identified by reference, in particular, to his or her personal identification number, or by reference to one or more factors specific to his or her physical, physiological, intellectual, cultural, economic, or social identity. In determining whether an individual is identifiable, all the means that the data controller or any other person uses or may have access to should be taken into consideration;
u. “Physical Credential” means any physical Access Credential;
v. “Privacy Notice” refers to the statement set out on our Site describing how we collect, use, store, and share Personal Data;
w. “Products and/or Services” refers to all products and/or services that are offered by us or made available to you through our Site or via our employees, representatives, agents, and/or our authorised representatives;
x. “Sensitive Personal Data” refers to any information about an individual’s race, ethnic origin, political or philosophical opinions, religious beliefs, affiliation to unions, personal criminal record, or any information relating to their health or sexual status;
y. “Service Provider” is defined in paragraph 7.4.
z. “Site” refers to our website at www.sgb.com;
aa. “Statement of Account” refers to a statement of account, which may be in paper, electronic, or such other form as we may determine from time to time; and
bb. “VAT” means
i. any tax imposed in the Kingdom of Bahrain in compliance with The Unified VAT Agreement for the Cooperation Council for the Arab States of the Gulf on the common system of value added tax (including but not limited to promulgating the Legislative Decree 48 of 2018 (Value Added Tax Law));
ii. any other tax of a similar nature, whether imposed in the Kingdom of Bahrain in substitution for, or levied in addition to, such tax referred to in paragraph (a) above, or imposed elsewhere in other GCC States; and
iii. . any other tax of a similar nature in any other jurisdiction.
2.2. For the purposes of these Terms, the following also apply: -
a. references to an “individual” also include the individual’s executors, personal representatives, and anyone authorised to manage their legal rights; and
b. “including” means “including without any limitations”.
3. PROVISION OF ELECTRONIC SERVICES
You agree that: -
3.1. you shall comply with all applicable guidelines, policies and conditions pertaining to the Electronic Services that we may issue from time to time in our sole and absolute discretion. We will notify you of any changes to the guidelines, policies and conditions by posting them to our Site, and they will be effective immediately upon posting;
3.2. the availability, functionality, scope, features and all other matters relating to the Electronic Services shall be determined by us from time to time in our sole and absolute discretion;
3.3. we may charge and revise fees for our services (for example, processing and transaction fees relating to our Electronic Services or replacement fees for Physical Credentials). In most cases, we will tell you in advance of such changes before they become effective, unless it is not practicable to give such advance notice. If VAT is charged on any payment, you will pay such VAT in addition to all sums payable. You agree to indemnify us against any payments that we are required by law to collect and make in respect of such VAT;
3.4. if you do not accept such changes to our fees and charges, you may terminate your access to our Electronic Services. If you continue to access our Electronic Services at any time after the date on which such changes have taken effect, you shall be deemed to have accepted and agreed to such changes without reservation;
3.5. you shall notify us immediately if you become aware of any unauthorised use of or access to the Electronic Services;
3.6. the Electronic Services, including our Site, App or any other Channels provided by us, may use software and/or other technology, including that provided by third party providers, for identification or verification purposes and/or detection of any computer virus or other malicious, destructive or corrupting code, agent, programme, macros or other software routine or hardware components designed to permit unauthorised access on any computer, hardware, system, software, application or device (including any Computer System or Access Credential) used to access any Electronic Services;
3.7. some content, software, products and services available from, accessible through or provided as part of, ancillary to or in conjunction with the Electronic Services may be provided by third party service providers or through the use of third party software and/or content and under no circumstances shall it be construed that we are a party to any transaction between you and such third party service providers or that such third party products, services, software, and/or content are provided by us. You further acknowledge that the access, use and/or purchase of such products, services, software and/or content may be subject to additional terms and conditions prescribed by the relevant third party, and hereby agree to comply with and observe all such terms and conditions and where required by such third party, to execute any document containing such terms and conditions;
3.8. you will use our Electronic Services in accordance with all Applicable Laws, guidelines and within our reasonable expectations. You shall not use our Electronic Services for any purposes which are not authorised by us. In particular, you may not use our Electronic Services for the harvesting or extraction of any data. Where we are aware of any misuse of our Electronic Services by you and/or your Authorised User(s), we reserve the right to terminate or suspend our provision of Electronic Services to you immediately without any prior notice. In such instances, we shall not be liable for any loss suffered by you as a result of such termination or suspension.
3.9. you shall bear all risks arising from the use of the Electronic Services, and also perform and ratify any contract entered into with or action taken by us as the result of any instructions from you, purportedly from you, or otherwise referencing or utilising your Authorised User's Access Credential or such other form or means of identification as may be specified by us in our absolute discretion from time to time;
3.10. throughout your relationship with us, in respect of all information and documentation that you disclose to us through the Electronic Services, including Personal Data, you shall obtain all consents to make said disclosures to us and for us to use and transmit the information and documentation in accordance with these Terms, and that you shall bear all liability for any breach of your obligation to obtain said consents; and
3.11. we may stop or suspend any of our Electronic Services immediately without giving any reason. This includes limiting or replacing the Electronic Services as we may notify you from time to time.
4. ACCESS CREDENTIALS
4.1. We may make any Access Credential available to you and/or your Authorised User(s) in such manner as we may deem appropriate. Such Access Credential may only be used in such manner as prescribed by us from time to time, and shall be used at your own risk.
4.2. You must provide us with accurate contact details, or where appropriate, accurate contact details of you or your Authorised User(s). We will rely on these contact details when making any Access Credential available and when sending alerts relating to your Account(s) and/or your or your Authorised User(s)’s use of our Electronic Services, and you must update us of any changes immediately. You shall be liable for and indemnify us against (i) any loss, disclosure, or unauthorised use of such Access Credential, and (ii) any delay, omission, or disclosure of information relating to your Account(s) and/or your or your Authorised User(s)’s use of our Electronic Services, resulting from your failure to provide us with accurate and updated contact details.
4.3. You agree that:
a. the Access Credential shall only be used by you or your Authorised Users to whom the Access Credential is made available to and should not be shared with anyone else.
b. if an Authorised User is no longer authorised to use an Access Credential, you shall immediately notify us. Notwithstanding such notification, you shall be liable for and indemnify us against any transactions performed or effected by the Authorised User or any other person using the Access Credential;
c. you shall notify us immediately upon receipt of any data and information through the Electronic Services which is not intended for you, and that you shall immediately delete all such data or information from your Computer System;
d. you shall, and shall procure that your Authorised Users shall, exercise reasonable care to prevent the loss, disclosure or unauthorised use of any Access Credential;
e. you shall be responsible and liable for any disclosure or unauthorised use of, any Access Credential and/or any information of the Account(s) by you or your Authorised User or any other person;
f. in the event that the Access Credential is no longer valid (for example, the Authorised User’s email address has been changed or terminated), or is discovered by any other party, you shall immediately notify us of the loss and/or immediately change the Access Credential; and
g. we shall be entitled from time to time, in our sole and absolute discretion, without giving any reason whatsoever, and without prior notice to you, change, de-activate, suspend, and/or revoke the use of the Access Credential. We shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of or connected with or by reason of such change, deactivation, suspension, or revocation.
5. AUTHORISATION
5.1. If your Authorised User accesses and/or uses our Electronic Services, we will deal with that person as if it was you using our Electronic Services and you shall ensure that each of your Authorised Users are aware of and complies with these Terms.
5.2. If you have authorised any person to give us instructions on your behalf, you will be responsible for their actions and/or omissions, including any losses arising from the payment of any monies which they may undertake through our Electronic Services.
5.3. We and/or our Affiliates may rely on the authority of any person (whether authorised or unauthorised by you) using your or your Authorised User's Access Credentials or such other form or means of identification as may be specified by us in our sole and absolute discretion from time to time, to transmit instructions on your behalf and to do any other act.
5.4. You further agree that:
a. whether actually authorised by, used, and/or accessed by you or not:
i. any use and/or access of the Electronic Services and/or Access Credentials shall be deemed to have been used by you; and
ii. any instructions identified by you or your Authorised User's Access Credentials shall be deemed to be instructions transmitted or validly issued by you or your Authorised User; and
b. the use of any Access Credential issued to, or otherwise used by, your Authorised User(s) by any person shall be binding on you in respect of all transactions involving any and all of the Accounts linked through or accessed via the Electronic Services.
5.5. In addition, we may also make your Account(s)’s "Electronic Transaction History" available for viewing online. Such Electronic Transaction History is provided for convenience only and shall not serve as a Statement of Account. In the event of any inconsistency between any Electronic Transaction History and a Statement of Account, the Statement of Account shall prevail.
6. DIGITAL ONBOARDING
6.1. We may allow you to access our Digital Onboarding service through our Electronic Services.
6.2. You may only use our Digital Onboarding service if you meet all of the following requirements: -
a. you must provide us with identification documents in a form acceptable to us (either a passport, an identification card, or both documents read together);
b. if you are an individual, you must be at least 21 years of age;
c. you are not prevented by any Applicable Laws, including your local laws and regulations, from opening an Account with us or accessing our Products and/or Services; and
d. you agree to all of these Terms.
6.3. You must ensure that no other person has access to your mobile device while you are using the App for Digital Onboarding, until you have completed the Digital Onboarding process.
6.4. Access to our Digital Onboarding service or eligibility to use our Digital Onboarding service may be subject to additional conditions that we may impose from time to time at our sole discretion.
6.5. Any confirmation that we have received your Digital Onboarding application does not constitute the commencement of a banking relationship between us, or any such contract. Any opening of an Account with us or the commencement of a banking relationship between us is subject to our consent, which can be withheld or refused without the provision of any reasons.
7. PERSONAL DATA AND CONFIDENTIALITY
7.1. We may require you and your Authorised Users to provide us with Personal Data in order to utilise the Electronic Services, or in the course of your usage of the Electronic Services. For instance, as part of the Digital Onboarding process, we may require you to transmit to us a video selfie of yourself, your identification document(s), and other personal documents. These may include sensitive personal data such as biometric data. We will store this information in compliance with any Applicable Laws and/or guidelines, including for the entire duration of your business relationship with us for account security and identity verification purposes.
7.2. In providing us with your and/or your Authorised Users’ mobile phone numbers and email addresses, you authorise us to contact you and/or your Authorised Users, and send electronic notifications to you and/or your Authorised Users via unencrypted communication channels (e.g. via telephone, email, SMS or other instant messaging services) in relation to your Account(s); Digital Onboarding; and other Products and/or Services, including for purposes of direct marketing.
7.3. You accept the risks associated with the use of unencrypted communication channels, specifically the risk of disclosure of the banking relationship and any other confidential information to third parties such as network and service providers.
7.4. Service Providers
a. We may work with our Affiliates as well as various third parties (together, the “Service Providers”) in order to provide you the Electronic Services, including various aspects of the Digital Onboarding service (such as verification of your identity and other personal details, “liveness” check, development and maintenance of the system, data storage, etc).
b. When you use the Digital Onboarding service or any other Electronic Services, you accept that your Personal Data will be processed in accordance with our Privacy Notice and these Terms, and you authorise SGB to disclose your Personal Data or other data to the Service Providers (whether or not they are based in or outside Bahrain or in jurisdictions that may not be deemed to have technical, organisational or regulatory measures that ensure a similar level of adequate protections to safeguard Personal Data). You expressly release us and/or our Affiliate(s) from confidentiality obligations in respect of your Personal data or other data to this extent and waive any duty of secrecy and banking secrecy on our part with regard to the transmission of your Personal Data or other data to such Service Providers to the extent necessary for the Digital Onboarding process or the provision of any other Electronic Services.
7.5. For more information on how we treat your personal data, please refer to the Privacy Notice available on our Site.
8. RECORDS
8.1. Our records and any records of the instructions that are transmitted using the Electronic Services, including in respect of operations and the payment of any monies, shall be binding and conclusive on you for all purposes whatsoever, and may be maintained by us or by any relevant person authorised by us. They shall be final evidence of any instructions, information and/or data transmitted using the Electronic Services.
8.2. When we deal with you, we will treat all such records as final evidence and you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a Computer System. You agree to waive any of your rights (if any) to so object. This provision shall also apply to all records maintained by an Affiliate or Service Provider designated by us.
9. ELECTRONIC SIGNING
9.1. In using the Electronic Services, you may be required to digitally sign or execute certain forms, agreements, documents or instructions (such as application forms, terms and conditions and other agreements) or otherwise indicate your acceptance to such forms, agreements or documents by providing your electronic signature. You acknowledge and agree that any such forms, agreements, documents or instructions signed, executed or accepted by you using electronic signatures (“Electronically Signed Documents”) shall be deemed to be duly signed, executed or accepted by you and we may rely on such electronic signature, execution or acceptance as if the original form, agreement, document or other instruction had been duly signed, executed or accepted by you. We shall be entitled to treat any Electronically Signed Documents (including any electronic signatures, data and/or information contained therein) as authentic, duly executed and authorised by you, and binding upon you.
9.2. You represent and warrant to us each time you provide your electronic signature that your use of electronic signatures does not violate, breach or conflict with or constitute a default under any law, regulation, rule, judgment, contract or other instrument binding on you or, if you are a corporate or entity, your constitutional documents.
9.3. There are inherent risks, and no guarantee of security, functionality and/or operationality, in the use of electronic signatures and the conducting of transactions electronically, and you acknowledge and agree that we do not provide, and expressly disclaim, any warranties of any kind whatsoever (whether express or implied) in respect of using electronic signatures and the conducting of transactions electronically.
10. EXCLUSION OF LIABILITY
10.1. There may be circumstances where we may need to change the frequency and manner of use of our Electronic Services, transaction limits, operating hours and types of facilities and services. In certain situations, we may have to suspend the Electronic Services without giving you prior notice. Under such circumstances, we will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party.
10.2. You agree that: -
a. the Electronic Services, the App, Site or any other Channels, and Access Credentials are provided on an "as is" and "as available" basis with no warranty of any kind (whether implied or otherwise); and
b. no warranties, whether implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, satisfactory quality, accuracy, adequacy, completeness, timeliness, merchantability, freedom from computer virus or malicious code, currency, reliability, performance, security, fitness for a particular purpose, continued availability, or inter-operability with other systems or services, are given by us in connection with the Electronic Services, App, Site or any other Channels, Access Credentials, any communication, processing or transaction system provided and/or used by us, and the information and materials contained on our Site for accessing the Electronic Services, including text, graphics, links or other items.
10.3. While we will use our best endeavours to ensure that all information transmitted using the Electronic Services is secure and cannot be accessed by unauthorised third parties, we do not warrant the security of any information transmitted by or to you using the Electronic Services.
10.4. Without prejudice to the generality of the exclusions of liability in our Other Terms, and notwithstanding anything to the contrary in these Terms, to the maximum extent permitted under Applicable Law, neither we, our Affiliate(s) nor any of our or our Affiliates’ directors, officers, employees, contractors or agents shall bear any responsibility or liability (to the extent not arising from our gross negligence, fraud or wilful default), for any expense, loss, damage, liability or other consequences suffered or incurred by you in connection with any Account(s) or Product and/or Services, including in connection with and/or arising from:
a. your use of or inability to use any Electronic Services and/or Access Credentials;
b. any incompatibility, malfunction, delay, computer viruses or other malicious code, malfunction or breakdown in:
i. the Electronic Services;
ii. the App, our Site and/or any other Channels;
iii. any equipment supplied to you by us;
iv. your Computer System or any other device; and/or
v. any equipment, network, system, Computer System, or software (including any Access Credential) used in connection with the Electronic Services, whether belonging to us or not, including but not limited to any electronic terminal, server or system, telecommunication device, connection, electricity, power supply, internet service, telecommunication or other communications network or system or any part of the electronic fund transfer system;
c. the provision of Statement of Account and the Electronic Transaction History by us to you;
d. any use (whether or not authorised by you), misuse or unauthorised use of the Electronic Services, any Access Credential and/or our App, Site or other Channels to do any act whatsoever;
e. any loss, theft or disclosure of any Access Credential;
f. any products, services, software and/or content obtained, and/or purchased from or rendered by any third party service provider(s)/parties available from, accessible through or provided as part of, ancillary to or in conjunction with the Electronic Services, including any failure by such third party service provider(s)/parties to deliver, maintain and/or support the same;
g. any unauthorised access to, destruction or alteration of instructions or any other data or information transmitted or received through the Electronic Services;
h. any unauthentic, inaccurate, duplicated, incomplete, out-of-date and erroneous transmission of instructions that might be transmitted through any media, or transmission by us of any data or information through the Electronic Services, or the sharing of any information provided through the Electronic Services, by you or your Authorised User; and/or
i. any failure by you to follow the latest or current instructions, procedures and directions for using Electronic Services and/or any refusal by us to act as a result thereof.
10.5. Where any Physical Credential issued by us to you is retained by or in any automated teller machine or any automated cash deposit machine or any card institution or other bank or financial institution or any electronic machines or any person approved by us or is kept or retained by any card institution or bank of financial institution or by any person operating any electronic machines approved by us, we shall not be responsible or liable for any loss or damage suffered by you or for any withdrawals or transactions made, performed, processed or effected with, by or through, the use or purported use of the Physical Credential issued by us and we shall only be liable to refund to you the residual monetary face value of the Physical Credential returned to or received by us at the date of such receipt.
10.6. We do not guarantee the availability, access to, or the use of the Electronic Services, including Digital Onboarding, and you accept that we, our Affiliate(s), and our directors, officers, employees, contractors and agents shall not be liable for any losses or damages you may suffer in this respect.
11 INDEMNITIES
11.1. Without prejudice to the generality of the indemnities given by you in our Other Terms, you shall indemnify us and our Affiliate(s), and our respective directors, officers, employees, contractors and agents promptly on a full indemnity basis from and against all Losses (direct or consequential) howsoever arising which they may sustain or incur, directly or indirectly, in connection with the execution, performance or enforcement of these Terms or your usage of or access to any Account(s) or Products and/or Services via the Electronic Services, including:
a. the use of the Electronic Services, any Access Credential, the use of our App, Site or any other Channels, any device or Computer System through which any of the Electronic Services are accessed by you, your Authorised User or any third party, or any sharing of any information provided through the Electronic Services, by you or your Authorised User, including all Losses arising from the access of any account information, transfer of any funds and/or performance of any banking transactions in connection with any Account(s) and/or the receipt or payment of any monies;
b. the access of any account information, transfer of any funds and/or performance of any banking transactions in connection with any Account(s) and/or the receipt or payment of any monies belonging to you, whether or not authorised by you;
c. the use, misuse or purported use or misuse of the Electronic Services;
d. your failure to properly secure your access to the Electronic Services or any of your or your Authorised User’s Access Credentials or failure to prevent unauthorised third parties from accessing the Electronic Services using your or your Authorised User’s Access Credentials;
e. any computer viruses or other malicious, destructive or corrupting code, agent, programme, macros or other software routine or hardware components designed to permit unauthorised access introduced by you or your Computer System.
12 FOREIGN JURISDICTIONS
12.1. If you access the Electronic Services outside of Bahrain, your access may be subject to, and you must comply with, applicable local laws and regulations. You and your Authorised Users bear the sole obligation of obtaining information about the relevant laws and regulations and complying with them. We disclaim any liability arising from such breaches of applicable laws and regulations on your part.
12.2. In some cases, the provision of financial services to customers abroad is subject to local restrictions. We are therefore entitled to modify or limit our provision of Electronic Services for customers abroad without prior notice.
13. INTELLECTUAL PROPERTY
13.1. Where applicable and subject always to your continuing and full compliance with these Terms, we hereby grant to you a personal, revocable, non-sublicensable, nonexclusive, non-transferable licence to use our Electronic Services and our App and Site for the purposes of making and receiving instructions, accessing your Account(s) and/or using any other Products and/or Services.
13.2. You acknowledge and agree that we have sole and exclusive ownership and rights including all Intellectual Property Rights in and to our Computer Systems, Electronic Services, App, Site, Access Credentials and any information, instructions, payment orders, messages and other communications transmitted by us on your behalf, including, without limitation all contents and any updates on our App and Site.
13.3. You agree that:
a. you shall only use the Electronic Services in connection with these Terms and in such a manner and in accordance with such procedures that we may determine from time to time in our sole discretion; and
b. you shall not (i) alter or modify, reverse engineer, decompile, reverse input or disassemble; or (ii) assign, sub-licence, or otherwise transfer, publish or disclose, our Electronic Services, our App or our Site.
14. GENERAL
14.1. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these Terms.
14.2. We may, at our sole and absolute discretion, vary, amend, delete, or add on to these Terms, without giving any reason to you. We will give you reasonable notice of such changes by either sending you the revised Terms, or putting them on our App and/or Site and telling you about them. All changes will apply from the date stated in the notice. You agree that we shall not assume any liability to you or any third party for any such changes.
14.3. Place of jurisdiction and governing law
a. These Terms shall be governed by and construed in accordance with the laws of Bahrain, without regard to conflict of laws principles.
b. You agree that any disputes connected with these Terms, including any question relating to their existence, validity or termination, may be brought before the courts of Bahrain. Any action brought by you in connection with these Terms must be brought before the courts of Bahrain. You agree to be bound by the decision of the courts of Bahrain in any action brought by us in Bahrain against you, although you also agree that we have the right to bring court or arbitration proceedings, including third party proceedings, in any other court or arbitration tribunal or centre in any other jurisdiction in connection with these Terms.
c. You agree to waive any right you may have to immunity from legal proceedings, enforcement or other legal process.
Last updated: 04 November 2024