A. Definitions and Interpretation: General Terms and Conditions For Accounts and Islamic Banking Services
A. Definitions and Interpretation: General Terms and Conditions For Accounts and Islamic Banking Services
A. Definitions and Interpretation: General Terms and Conditions For Accounts and Islamic Banking Services
These (the “Terms and Conditions”) and any agreed amendments thereof from time to time shall apply to the Accounts and banking services and
govern the relationship between the Bank and the Customer.
The Bank shall notify the Customer when adding an addendum to these Terms and Conditions for the purpose of adding any additional terms and
conditions for any type of accounts and banking services that are not specified by these Terms and Conditions or for the completion thereof (the
“Addendum”) at any time but provided that the terms and conditions of such Addendum shall not contradict with the laws , the Central Bank’s
directions and regulations and the rules and principles of Islamic Shari’a by displaying the Addendum at the branches of the Bank, on the Bank’s
website and/or by any other acceptable means of notification of such Addendum. The Customer shall be deemed to have accepted the changes
stipulated in the Addendum if the Customer does not close all his/her Accounts with the Bank or utilizes any of the banking services within 60
calendar days of notification reception.
Unless provided to the contrary in these Terms and Conditions, the changes shall take effect upon the expiry of the above mentioned period.
“Account(s)” means any bank account(s) opened and operated by the Customer with the Bank in accordance to the rules and Principles of Islamic
Shari’a, these Terms and Conditions of the Bank and where the context requires, shall include the Current Account and/or the Mudarabah Accounts
(either for a specified or unspecified period, such as Investment Deposit Account, Saving Account).
“Account Opening Application” means the account opening application (whether in paper or electronic form) in the Bank’s prescribed format as is
issued by the Bank from time to time and signed by the Bank and the Customer or otherwise confirmed or accepted by them.
“Agent (S)” means, any third party required and/or appointed by the Bank to provide any part of the Service or to support Internet Banking or to
operate or administer the Account, Card, PIN, TPIN, SMS PIN or any of the banking services.
“ATM”means an automated teller machine, cash handling machine or any Card operated machine or device whether belonging to the Bank or other
participating banks or financial institutions nominated from time to time by the Bank, which accepts and/or dispenses cash and cheques in addition to
the provision of other banking services.
“Authorised Person” means a person authorised by the Customer (whether in the Account Opening Application or otherwise) to act on behalf of the
Customer in relation to the Account(s) and any transactions in relation to such Account(s).
“Bank” means Abu Dhabi Islamic Bank PJSC or any of its branches, subsidiaries or its successors and assigns.
“Banking Day” means any day on which the Bank is open for business in the UAE.
“Beneficiary” means the intended recipient of funds as transferred by the Bank upon the instructions of the Customer via an ATM or through the
use of a Card or the other services offered under these Terms and Conditions.
“Bill Payment” means the payment of bills to utility, telecommunications or other companies or authorities through the Service or such channels as
shall be made available by the Bank.
“Card” means any card issued by the Bank or a third party card of a direct debit type to enable the Customer to access various services, including but
not limited to, cash withdrawals, payments for purchases, other banking services and account related information, from various interfaces provided or
arranged by the Bank.
“Cardholder” means a Customer or Supplementary Nominee to whom a Card has been issued.
“Cash Withdrawal” means a cash withdrawal from an account maintained with the Bank using teller counters, ATMs, point of sale and other cash
dispensing outlets made available by the Bank.
“Current Account” means the Islamic current account(s), structured on the concept of Qard as per rules and Principles of Islamic Shari’a opened
and maintained by the Customer (lender) with the Bank (borrower).
“Customer” means an Individual Customer who is the account holder named in the Account Opening Application.
“Customer’s Instructions” means any instruction given by the Customer to the Bank.
“Deposit” means funds deposited in an Account or any other account maintained with the Bank at any point of deposit made available by the Bank.
“Internal Shari’a Supervisory Committee” means the Bank’s Internal Shari’a Supervisory Committee.
“Financial Transaction” means an entry or set of entries or transaction causing movement of funds and affecting the balance(s) in the Account(s),
whether directly initiated manually, automatically, electronically or remotely transmitted via the channels made available by the Bank.
“Foreign Currency” means any currency approved by the Bank other than “AED”.
“Identification Facilities” means a Login ID, TPIN, PIN, SMS PIN and any other identification facilities in relation to the Service.
“Instructions” means documentation, operating instructions or reference guidelines relating to Internet Banking, issued by the Bank in any written
form or in the guide on the Bank’s Internet Banking site.
“Internet” means a computer network consisting of a worldwide network of computer networks to facilitate data transmission and exchange.
“Internet Banking” means a secured Internet based electronic service offered by the Bank which enables the Customer to connect with the Bank via
the Internet to undertake Financial Transactions and Non-Financial Transactions with the Bank from remote locations.
“Investment Deposit” means the funds invested in the Investment Deposit Account.
“Investment Deposit Account” means the deposit Account (term deposit Account) based on Mudarabah opened and maintained by the Customer
with the Bank for a pre-specified period.
“Investment Period” means a period of one, three, six, nine or twelve calendar months or any other period approved by the Bank as may be selected
by the Customer in respect of the tenure of an Investment Deposit.
”Investment Risk Reserves” means the reserve maintained by the Bank of the Mudarabah Accounts Holders' Share in the Profit in order to maintain
a certain level of profits and protection against future losses incurred by the Mudarabah Account holders in accordance with Clause 16.3.
“Islamic Shari’a” means the provisions of Islamic law derived from the Holy Qur’an, Prophetic Tradition "Sunnah", or binding authority of the
dicta and decisions of the Prophet Mohammed (peace be upon him), ijma, or “consensus” of the community of Islamic scholars, and the qiyas, or
analogical deductions as well as other Islamic law evidence, as may be determined or deduced by the Bank’s Internal Shari’a Supervisory
Committee.
“Joint Account” means an account opened in the name of two or more Customers.
“Login ID” Such identification number/name used for identifying a Customer when used in conjunction with a PIN.
“Merchant” means any corporate entity, person or other establishment supplying goods and/or services who accepts the Card as a mode of payment
or reservation by the Cardholder.
“Mudaraba” means a partnership in profit in which one party provides capital (“Rab-al-Maal” or “Mudarabah Investor”) and the other party
provides its expertise, skill and effort in the investment of such capital (“Mudarib” or “Mudarabah Manager”). Profit, if any, is shared between the
parties as per an agreed common ratio. Unless financial loss (if any) is not due to the Mudarib‘s negligence,. Infringement or violation of the terms
and conditions of the contract, it shall be borne solely by the Mudarabah investor while the Mudarib will lose his efforts and time spent.
“Mudarabah Accounts” means subject to Clause 16.1(a), the Investment Deposit Account and the Savings Account, and any other accounts opened
on Mudarabah basis.
“Non-Financial Transaction” means any transaction made by the Customer with the Bank which does not cause movement of funds or affect the
balance(s) in the Account(s), whether initiated manually, automatically, electronically or remotely transmitted to the Bank via channels made
available by the Bank or transmitted via Internet Banking services relating to the Account(s) and/or other business activities with the Bank. This will
include mail message which will be treated as a Customer’s Instruction.
“Payment” means a transfer of funds by the Bank from a Customer Account to a Beneficiary pursuant to Customer’s instructions.
“Payment Instruction” means banking payments on behalf of a Customer which may include, but are not limited to bank cheques, bank drafts and
telegraphic transfers.
“Password” means a secret code consisting of alpha and/or numeric values which allows a Customer to access Internet Banking services.
“Phonebanking” means the Service, which is accessed through the telephone to Cardholders whose accounts are domiciled in the UAE providing
Account and general information, fund transfer facilities and any other banking services that may be provided by the Bank through the telephone.
“PIN” means a personal identification number issued to the Cardholder which allows a Customer to access the Bank’s computer system through
Internet Banking, ATMs or other electronic services provided by the Bank, and includes any PIN substituted by the Customer.
"Prevailing Exchange Rate" means the spot exchange rate of the relevant currency in the local or global exchange market (as the case may be).
"Prevailing Exchange Rate of the Bank" means the exchange rate of the relevant currency in force at the Bank as announced in its branches and/or
website.
“Profit Calculation Period” means, in relation to a Mudarabah Account, a period of one, three, six, nine or twelve calendar months or any other
period as may be required by the Customer at the Account opening date and approved by the Bank, It is the period in relation to which profits on the
Mudarabah Funds shall be calculated from the realized profits.
“Profit Equalization Reserves” means the reserve of the general pool maintained by the Bank (prior of the deduction of the Mudarib’s Profit Share)
in order to maintain a certain level of return on investment for the Mudarabah Accounts holders and increase the rights of property owners in
accordance with Clause 16.3(h).
“Profit Payment Date” means the date on which the Bank pays the Mudarabah Account holder’s share of the realized and distributed Profits which
shall be determined as per the rules applied by the Bank and agreed upon with the Mudarabah Accounts holders.
“Purchase” means any purchasing transaction of goods or obtaining services being paid by a Cardholder by the use of a any Card.
“Safety Deposit Box” means the service offered by the Bank to existing Customers whereby a Customer can store valuable physical items and
documents in locked boxes maintained in a secure area of the Bank.
“Savings Account” means an account, which is based on Mudarabah and its profit shall be calculated based on the profit earned on any balance
maintained above the minimum threshold or average threshold (as may be agreed upon with the Bank).
“Schedule of Fees”: means the table announced in the Bank's branches and/or its website that includes commissions, fees, deductions, deductible
charges and expenses that are deducted from, imposed or charged to the Account or due to the Bank for the banking services provided in accordance
with these Terms and Conditions or for opening and operating Accounts or providing specific banking services or personal banking services, as may
be amended from time to time by addressing at least a two-month notice to the Customer prior of the effective date of such amendment. The
Customer shall be deemed to have accepted such amendment if he continued in opening any accounts with the Bank or benefiting from such services
after this period. This shall be done subject always to the Central Bank’s regulations. The Internet Banking fees may not be included in the Schedule
of Fees and the Bank may designate another schedule for the same but they shall be subject to the same rules applied on other services concerning
the amendment of the charges.
“Scheme” means the Card payment scheme operated by Mastercard, Visacard or other similar entities and supported by UAE Switch, GCC Switch
or any other countries Switch.
“Service” has the meaning ascribed to that term in the Clause 18, 19 and 20.
“Service Fee” means, in respect of these Terms and Conditions, the service fees payable to the Bank by the Customer.
“SMS PIN” means the identification number issued to the Customer, which allows a Customer to utilize the SMS Service.
“Software” means a set of written programs, procedures or rules and associated documentation relating to the operation of a computer system.
“Statement of Account” : means the periodic statement sent to the Customer by the Bank via mail or collected directly by the Customer or the
electronic statement dispatched by the Bank to Customer’s e-mail registered with the Bank based on his selective period or it is the statement
obtained by the Customer via Internet Banking, showing particulars of the Financial Transactions conducted under the Account during a certain
period, including debits connected to various payments and transfers made through the Internet Banking services, phone Banking, SMS Service and
other banking services.
“Supplementary Nominee” means a person nominated by a Cardholder to be issued with a supplementary Card.
“SWIFT” means Society for Worldwide Interbank Financial Telecommunications, a computer network which provides Interbank communication
facilities worldwide.
“TAKHARUJ” means the sale of the Mudarabah Account holder's common share in the assets of Mudarabah pool (and the general pool), Profit
Equalization Reserves, investment risk reserves and others, and the amount obtained by the Mudarabah Account holder shall be the return of
Takharuj.
“TPIN” means a telephone identification number issued to the Customer which allows a Customer to access Phone-banking and other related
services provided by the Bank.
“User” means one or more individuals, authorized by the Customer who is/are assigned a Password, PIN and User Identification issued by the Bank
to access Internet Banking.
“User Identification” means the Customer's Identification number advised by the Bank to the Customer for the purposes of identification within
Internet Banking.
“Weightings” means weightings or weights on which the Mudarabah Accounts Holders Share in the Profit is distributed among the Mudarabah
Accounts holders (as defined in Clause 16.3).
1.2 Interpretation
Unless the context requires otherwise, the following rules shall apply:
(a) Where two or more persons constitute the expression the “Customer”, all covenants, agreements, undertakings, stipulations, obligations,
conditions and other provisions hereof and their liability herein shall be deemed to be made by and be binding and applicable respectively on them
jointly and each of them severally and shall also be binding on and applicable to their personal representatives, successors and/or assigns jointly and
severally.
(b) Reference to any person including the Customer, the Bank and/or any other persons and/or legal entities shall include the personal
representatives, successors and/or assigns of such person.
(c) Reference to any person shall include any corporation, firm, partnership, society, association, statutory body and agency, whether local or foreign.
(d) The clauses and other headings herein are for ease of reference only and shall not affect the interpretation of any provision hereof.
(e) Reference to a statutory provision includes reference to any modification, consolidation or re-enactment of it for the time being in force, and all
statutory instruments or orders made pursuant to it.
(f) Words importing the singular meaning shall where the context so requires include the plural and vice-versa.
(h) Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.
B. ACCOUNTS
2. Opening of Account
2.1 The Bank may open Mudarabah Accounts for the Customer, and may open Current Account for the resident Customer in the UAE (in accordance
to the Central Bank’s definition of the word “Resident” as may from time to time be amended) and subject always to the laws of the UAE and the
Central Bank’s regulations without any contradiction with the provisions and principles of the Islamic Shari'a.
2.2 The Customer shall duly complete and sign (or otherwise confirm or accept) the Account Opening Application and submit all documents as are
required pursuant to the opening of the Account, following which the Account may be opened subject to fulfillment of such conditions as determined
by the Bank from time to time and shall be agreed upon with the Customer. The Bank may either accept or reject the Customer’s application at its
sole discretion without giving any reasons therefore in this respect. In case of acceptance, the Bank shall sign on the account opening application for
approval.
2.3 An Individual Customer may open an Account in its own name or jointly with other Individual Customers.
2.4 The Bank may upon the Customer’s request, and subject to the Bank’s discretion and any applicable minimum or average balance requirements
or service fees, open additional accounts under the Customer’s name. Unless agreed otherwise, each account shall be deemed as being independent of
the other Accounts and such Accounts shall be governed by these Terms and Conditions and shall collectively be referred to herein by the term
“Account”
2.5 In case the Customer closes the account and does not receive the amount of the credit balance in the account or the amount due at the time of the
closure, the Bank shall serve a notice to the Customer to his address provided to the Bank to be present in the Bank to receive such amount. If the
Customer doesn’t receive the said amount within one calendar month from the date of such notice, the Bank shall be authorized to issue a payment
order with an amount equivalent to the credit balance less (i) the payment order issue fee, and (ii) the costs of the registered mail, and to dispatch the
payment order by the registered mail to the Customer’s last known mailing address as provided by the Customer to the Bank. .If the credit balance is
not sufficient to cover the said expenses; it will be transferred to the charity fund of the Bank. If later on the Customer requests such amount, it will
be paid to him from the charity fund of the Bank if such fund maintains a sufficient balance; otherwise, it will be paid by the Bank within 5 (Five)
Banking Days.
3.2 The Bank may supply chequebooks, payment instruments and related materials to the Customer in accordance with these Terms and Conditions.
3.3 Subject to these Terms and Conditions, drawings from each type of Account can be made by the Customer or by any Authorised Person by using
any of the modes made available by the Bank, including but not limited to using the Card, withdrawal slips, cheques, standing instructions, pay
orders or electronic instructions, through the channels made available by the Bank, including but not limited to point of sale, branches, Internet
Banking, ATMs, mobile banking, Phone-banking or by such other modes or channels as shall be made available by the Bank from time to time
subject to:
(a) the specific features, restrictions, terms and conditions applicable to the relevant Account; and
(b) the Bank’s maximum daily withdrawal limit permitted by the Bank and fees or charges for the relevant Account, shall be as specified in the
Schedule of Fees.
3.4 No amounts shall be credited to the Customer’s Account until the Bank has received the amount in cash or its equivalent. Upon accepting
negotiable instruments under realization, the Bank shall act as the Customer’s collecting agent and assumes no responsibility for realization of such
deposits unless the same is due to the Bank's negligence, infringement or otherwise violation of these Terms and Conditions.
3.5 The Bank may convert all foreign currency deposits or transfers to the Account at the Prevailing Exchange Rate of the Bank for such currency at
the deposit or transfer date.
3.6 The Bank shall have the right to freeze or suspend operation of the Account and to refuse all or some of the deposits, credits and withdrawals if
the Customer is in breach of any of these Terms and Conditions or if (i) any instructions given to the Bank are ambiguous, conflicting or not
acceptable as per agreed upon or announced with the Bank ; (ii) if the Bank suspects that there may be any fraud or illegality in any transactions
(including, without limitation any breach of the Central Bank regulations relating to money laundering); or (iii) if the Bank requires any further
instructions, information or documentation, in form and content satisfactory to the Bank but the Customer has failed to provide the same or (iv) if
such instruction is issued by the Central Bank or any other competent authority.
3.7 The Bank shall be entitled, in its sole discretion, to refuse any instrument or deposit and/or limit the amount permitted to be deposited and/or
return any deposit or any part thereof at any time and from time to time.
3.8 The Bank should accept the Customer’s instruction allowing a third party to withdraw funds from the Account, but only if such instructions are in
a form acceptable to the Bank and on the condition that the Customer shall indemnify the Bank for all actual damages that may be sustained by the
Bank as a result of executing such instructions, as herein provided or otherwise as required by the Bank.
4.2 Drawings against cheques under collection shall only be allowed after their actual realization. The Bank shall have the right to refuse to honor
any cheque, instrument or instruction if the signature thereon or any entry, alteration or endorsement thereon is not acceptable to the Bank or if the
funds available in the Account are insufficient.
4.3 The Bank shall pay the actual amount of telex/SWIFT transfers or the bank drafts/cheques received in favour of the Customer after deducting the
announced banking fees/charges and commissions incurred by the Bank.
4.4 In the event the Bank agrees to accept bills, cheques, drafts or instruments drawn on banks outside the UAE (the “Foreign Instruments”) for
clearing or collection, the Customer irrevocably and unconditionally acknowledges and agrees as follows:
(a) the clearing or collection of Foreign Instruments is dependent upon the laws and practices of the country or state in which the drawee bank is
located;
(b) the Bank may accept Foreign Instruments for clearing or collection at its absolute discretion and solely as a facility to the Customer at its request
from time to time. The Bank reserves the right to refuse any Foreign Instrument at its discretion or to return any Foreign Instruments at any time;
(c) the Bank assumes no responsibility for the realization of any Foreign Instrument deposited with it or for the value given by a foreign bank or for
any mail or communication delays, loss of mail or courier, operating errors, clearing system delays or losses or for any charge, expense or loss, unless
the same is due to the Bank's negligence, infringement or otherwise violation of these Terms and Conditions; and
(d) In certain countries, the laws and/or regulations related to clearing of cheques may be with recourse and, even when funds have been made
available, the drawee bank may return the cheque or recall the paid up funds subsequently.
4.5 The Bank shall credit all the incoming remittances and negotiable instruments of the Customer into the Accounts in the currency of such
Accounts unless the Bank receives contrary instructions from the Customer. The deposit shall be at the Prevailing Exchange Rate of the Bank on the
same day of deposit.
4.6 The Bank shall have the right to reject to pay for any draft or transfer if the name of the beneficiary and the Account number does not match the
Bank’s record or for any other reason.
4.7 All the transfers affected by the Bank according to the Customer’s instructions or otherwise undertaken by the Customer shall be at the
Customer’s expense and responsibility, and the Bank shall not be responsible if the amounts credited to the side of the credit balance in the
Customer's accounts are lower than required due to the charges or decline in value, and the Bank shall not be responsible if the Customer was unable
to avail other funds on account of any restrictions issued by the concerned authorities.
4.8 The Bank and it correspondents, in cases other than the negligence, infringement or otherwise violation of these Terms and Conditions, shall not
be liable for the consequences of any irregularity, delay, mistake, telegraphic error, omission or misinterpretation that may arise, and from and
against any loss, which may be incurred through its correspondents failing properly to identify the persons named in the instructions or retailing the
funds, should the Bank or its correspondents deem such retention expedient, pending confirmation of the identity of any person or of the above
instruction by a letter or otherwise.
4.9 In the event that all or any of the transfers is unpaid and refunded to the Bank, the Customer shall only be entitled to claim the value thereof at
the prevailing buying rate of the day when the refund takes place. The refund shall not be effected until the Bank has received definite advice from its
correspondents that the funds are unpaid and that the original instructions have been cancelled.
4.10 The Customer may be required to complete forms provided by the Central Bank when depositing foreign instruments drawn in certain countries
or in certain currencies.
4.11 Please be advised that, as per Central Bank guidelines, credit to accounts held in banks operating in UAE will be affected solely based on the
beneficiary IBAN. All other information provided such as the beneficiary name and other details will not be used
5. Statements
5.1 The Bank shall periodically provide to the Customer statements of account by post or electronic mail at the Customer’s last known mailing
address as provided by the Customer to the Bank or the Bank shall provide the Customer with access to retrieve the statements of account from the
other channels made available by the Bank, including but not limited to its branches or electronic banking channels, subject to any service fee
specified and announced in the Schedule of Fees. The Bank may, in its sole discretion, vary the frequency of the statements of account by notice to
the Customer statements of account by notice to the Customer.
5.2 In the case of non-receipt of a Statement of Account, the Customer shall notify the Bank of such non-receipt within thirty (30) banking days of
the end of the period to which the Statement of Account relates. In the case of discrepancy in any entry or balance shown in a Statement of Account,
the Customer shall notify the Bank of such discrepancy within thirty (30) banking days of the date of the Statement of Account.
5.3 The Customer shall be deemed to have received the Statement of Account and have irrevocably consented to the correctness of the entries, the
balance shown therein, and the calculation and distribution of profit made, if any, or deduction of charges, fees or commissions and the Customer
shall waive any right to challenge the transactions, entries or other dealings on the Account and shall be deemed to have accepted the same unless:
(a) in the case of non-receipt of the Statement of Account, the Customer has notified the Bank within thirty (30) banking days of the end of the
period to which the Statement of Account relates; and/or
(b) in the case of discrepancies in any entry or the balance shown in the Statement of Account, the Customer has notified the Bank within thirty (30)
banking days of the date of the Statement of Account and such notification has been agreed and accepted by the Bank.
5.4 Unless the Customer gives notice in writing (or by such other mode acceptable to the Bank from time to time) the address set out in the Account
Opening Application shall be deemed as the approved address for the mailing of all letters, notices, advices, statements of account or other
notification (legal or otherwise). The Customer shall immediately notify the Bank in writing if there is a change to any of the Customer particulars set
out in the Account Opening Application.
5.5 The Bank may stop mailing the advices or statements of account if they are returned undelivered, consecutively on two or more occasions, until
such time the Bank is provided by the Customer with an alternative address for mailing the statements.
5.6 The Customer shall have the right to ask for an additional copy of the Statement of Account at the Customer’s own expense as per the charge
specified and announced in the Schedule of Fees.
6. Standing Orders
6.1 The Bank shall accept requests for the execution of any standing order from the Customer provided that the Customer shall have sufficient
balance in the Account in the due date(s) for the execution of such orders. The Bank shall not be liable for any delay or error in the dispatch or in the
transmission or for any error on the part of the paying bank or any of its correspondents. The Customer acknowledges that the Bank shall not be
liable for such delays or errors unless the same are due to the Bank's negligence, infringement or otherwise violation of these Terms and Conditions
and the Customer shall indemnify the Bank for all actual loss, damages and expenses incurred by the Bank as a result of the execution of the standing
orders given by the Customer, including legal costs incurred by the Bank as a result of claims or actions against the Bank in relation to any standing
orders issued by the Customer.
6.2 The Customer authorizes the Bank to debit the Customer’s Account(s) for any and all charges and costs charged and/or incurred by the Bank as a
result of executing the Customer’s standing orders on the account (or any other accounts).
6.3 The Bank at its absolute discretion, without any prior notification to the Customer or any other legal process, shall have the right to:
(a) not execute any standing orders where there are insufficient cleared funds available in the Customer’s Account to process such standing order.
(b) to prioritize the execution of the standing orders over any other payments whatsoever such as cheques presented through clearing and cheques
due to be presented or other payments to be withdrawn from the Customer’s Account.
6.4 All amendments for and cancellations of standing orders shall be in writing, through the Bank’s prescribed form and presented at the counters of
the Bank more than three (3) Banking Days prior to the execution of any standing order that was originally instructed by the Customer to be
executed.
7. Instructions
7.1 The Customer shall be entitled to request the Bank to act upon Phone banking, Internet Banking, SMS Service, e-mail accompanied by electronic
attestation certificate, (or such other electronic means acceptable to the Bank from time to time) with regard to the Account(s) and/or the banking
services and/or the banking facilities, including without limitation, funds transfer to, from and within the Bank, breaking of deposits, rollovers ,
settlements of deposits, signing and sending any applications, facilities agreements and documents.
7.2 The Bank has the right, at its sole discretion, to process or refuse any instructions given by the Customer, if the Bank may incur a liability in
carrying out the instruction or any part thereof, or if carrying out of any instruction will result in a breach of any law or regulation or otherwise be
prejudicial to the Bank’s interests; or if the Bank is prevented or delayed directly or indirectly from acting on the instruction by reasons beyond the
Bank’s control.
7.3 Otherwise than by the Bank's wilful misconduct, negligence or its violation of the Terms and Conditions, the Customer shall release the Bank
from any indemnity and hold the Bank harmless from and against all actions, suits proceedings, actual costs, claims, demands, charges, expenses,
losses and liabilities however arising in consequences of, or in any way related to the acceptance by the Bank of the Customer’s instruction.
7.4 In case of death of the Customer no activity on the Account will be undertaken without fresh instructions from the legitimate heirs (approved by
a legal and valid succession) of the Customer in form and content satisfactory to the Bank.
7.5 Unless otherwise instructed by the Customer in the Account Opening Application, where any of the Accounts are opened by more than one
person, any such one person shall be entitled to give any such written instructions and the Bank shall be entitled to rely upon any such instructions.
7.6 The Bank may record the Customer’s telephone conversations or instructions with the Bank. Such recordings will be considered valid and
binding on the Customer.
9. Erroneous Entries
In the event that there has been any error in entries posted to the Account by the Bank, the Bank is automatically authorized in its sole discretion to
process relevant entries or adjustments to effect necessary corrections. The Customer does not have the right to claim the value of any deposits into
the Account posted in error by the Bank. The Customer agrees that the Bank holds the right to unilaterally claim the amounts posted in error, either
from the Customer or directly from the Account, and debit the Account accordingly. In the event of such claim/s made, at any point in time since the
commission of the error the Customer is obliged to immediately reimburse such claim/s in accordance with the instructions of the Bank if required.
10.2 The Accounts shall be subject to stipulated minimum daily balance levels as determined and announced by the Bank. The Bank shall have the
right to deduct the fees specified in the announced Schedule of Fees if the daily balance falls below the determined level.
11. Set Off
The Bank is authorized at any time, to apply all or part of any credit balance which is held in the Customer’s name in any Account and/or at any
branch of the Bank (including the termination of any Investment Deposit or any other deposit prior of their maturity dates) towards any indebtedness
or amounts due under any Financial Transaction or banking facilities, whatsoever the reason of the Customer's obligation of the same to the Bank (or
if the Account is a Joint Account, any such indebtedness of any of the Customers to that Joint Account to the Bank, whether several or joint or
otherwise) and whether in the same currency as the Account or not. The Bank may effect any necessary conversions at the Prevailing Exchange Rate
of the Bank. All actual costs and expenses incurred by the Bank in respect of the exercise of the said right of reconciliation shall be for the account of
the Customer and payable on demand.
12.2 Cash withdrawal in foreign currency notes or travelers cheques from foreign currency accounts will be subject to the Prevailing Exchange Rate
of the Bank at the time of withdrawal and commission determined by the Bank from time to time and shall be announced when the withdrawal is
made.
12.3 The Customer may transfer from its foreign currency accounts to its local currency accounts or vice versa at the Prevailing Exchange Rate of the
Bank in the same day of transfer. The Customer acknowledges that the Bank shall not be held responsible for any exchange losses that the Customer
may incur when transferring any amount from its foreign currency accounts to another currency accounts unless the same are due to the Bank's
negligence, infringement or otherwise violation of these Terms and Conditions. The currency of the Customer’s debt may not be converted to another
currency without paying off the debt and on condition that the conversion in this case shall be made at the Prevailing Exchange Rate of the Bank
when the conversion is made.
12.4 The Bank is entitled to refuse to issue cheque books for the Current Accounts in Foreign Currency. The Bank may issue Cards for Accounts in
Foreign Currency to be used for cash withdrawal from ATM and purchases at point of sale.
12.5 All Deposits made at a currency other than the currency of the Account shall be converted to AED first and then from AED to the currency of
the Account at the Prevailing Exchange Rate of the Bank at the time of depositing.
12.6 All Deposits in the Account in Foreign Currency through ATM shall be in AED.
12.7 All withdrawals from the Account in Foreign Currency made through Card within the UAE shall be in AED only and Prevailing Exchange Rate
of the Bank in respect to withdrawal by Cards shall be applied when debiting the Account.
12.8 All withdrawals from the Account in Foreign Currency made through the Card outside the UAE shall be in the currency denomination
prevailing in country of withdrawal and Prevailing Exchange Rate of the Bank in respect to withdrawal by Cards shall be applied when debiting the
Account unless the ATM provides a facility of dispensing the requested amount in the same Foreign Currency.
13.2 The Joint Account shall be opened by all its holders or by one person or persons holding a power of attorney from the owners of the Joint
Account duly authenticated by an official specialized authority. Operations of such account shall be effected according to the agreement of the
account holders.
13.3 To open a Joint Account, two or more Customers will be required to duly complete and sign the applicable Account Opening Application/s and
other related documents for Joint Account holders. Unless otherwise agreed, each Customer will have equal access and equal rights to operate all the
Joint Accounts and services which can be operated via a Joint Account. In addition, the following conditions shall apply in respect of Joint Accounts:
(a) These Terms and Conditions shall constitute an agreement between the Joint Account holders to be jointly and severally liable as well as between
the Joint Account holders and the Bank.
(b) Instructions in respect of a Joint Account may be given by the authorized Customer(s) as specified in the Account Opening Application
(including withdrawal in favour of the signatory/signatories thereof) and the Joint Account holders hereby accept and ratify all actions carried out by
the Bank pursuant to such instructions.
(c) Unless otherwise agreed, all the Joint Account holders shall be jointly and severally responsible for any debit balance arising on the Joint
Account for any reason (and any other liability that may be incurred). The Joint Account holders’ liability and their responsibility will not be
discharged or otherwise affected by the death or incapacity of any one or more of them.
(d) The Bank shall be authorised to accept for deposit or credit to the Joint Account any cheque, instrument, transfer or payment order issued in the
name of one or more of the Joint Account holders.
(e) Subject to the Bank’s policies, the Bank shall have the right to issue the Card and PIN to each or select of the Joint Account holders if each of
them is authorized to handle the account by a single signature only, and they will be held individually or jointly, responsible for all liabilities that
occur from using this service.
(f) The Bank may continue to rely upon the information provided in the Account Opening Application until it is notified to the contrary by any one
or more of the Joint Account holders.
(g) In the event of the demise of a Joint Account holder, the other Account holders must give notice to the Bank of that fact within a reasonable time
of the date of death or loss of capacity, the Bank shall thereupon suspend the withdrawal from the Joint Account from the date of notification until a
successor is appointed and may freeze or suspend operation of the Joint Account.
(h) The Terms and Conditions of the Current Accounts and Mudarabah Accounts shall apply to the Joint Account, and shall be an integral part of
these terms and conditions and completing them in a manner that shall not prejudice the terms and conditions of the Joint Account.
C. TYPES OF ACCOUNTS
15.2 Withdrawals from a Current Account shall be made in accordance with Clause 3.3. Deposits in the Current Account shall be accepted in all
branches of the Bank in and outside the UAE by cash, transfers, cheques drawn on the Bank's branches or local banks or through the Bank’s ATMs
or in any other means approved by the Bank.
15.3 The Bank shall have the right to refuse to pay any payment orders or cheques written on forms other than the Bank's forms, without any
responsibility whatsoever on the part of the Bank.
15.4 The Customer shall draw cheques and issue orders and instructions in Arabic or English languages. The Bank shall not accept cheques, orders
and instructions written in any other language.
15.5 The Bank shall have the right, without any obligation, to honour the value of cheque or other negotiable instruments (in accordance with the
rules and principles of the Islamic Shari'a), drawn on the Current Account even if this were to cause the Current Account to be overdrawn. The
Customer undertakes to pay or repay all the due amounts in the Customer's overdrawn Current Account immediately upon the request of the Bank.
15.6 The Bank shall have the right to refuse to pay the value of the cheques, drawings and payment orders drawn on the account if the balance is not
sufficient, even if the Customer has credit balance in any other Accounts, unless the Customer has prearranged with the Bank in writing to cover the
amount of cheques, or any other withdrawals from any of his current or saving accounts with the Bank.
15.7 The Bank shall have the right to accept from the Customer any stop payment of cheque in case it is lost or in case of the Customer’s bankruptcy
or in other circumstance as shall be allowed by law and agreed by the Bank. However, the Customer will bear any actual loss, damage and cost
(including legal cost) due to these incidents
15.8 The Customer shall take due care of the chequebook, and shall bear full responsibility and liability in respect of the issuance and use of any
cheques and shall be responsible in all cases arising out of theft of the chequebook or the misuse thereof or of any of the cheques contained therein,
including forgery, regardless of whether the aforementioned misuse was committed by any employee(s) of the Customer or by any other person. The
Customer shall sustain all the consequences of the default and indemnify and hold the Bank harmless in all respects. The Customer will promptly
notify the Bank in writing of the loss or theft of any cheque or payment instrument and will return to the Bank or destroy any unused cheque,
payment instruments and related materials when the relevant Account is closed. The Customer shall not give any of the chequebooks to any third
parties. The Customer shall immediately inform the Bank in writing, upon the loss or theft of a chequebook, in the absence of which otherwise the
Customer shall bear all the consequences in cases of its misuse.
15.9 The Bank has the right to refuse issuing a chequebook to the Customer, without giving any reason.
15.10 The Bank has the right to close the Current Account and to cause the Customer’s name to be blacklisted in accordance with the regulations of
the Central Bank in force from time to time.
15.11 The total amount of cheques drawn on the Current Account but not yet presented for payment must not, at any time, exceed the available
balances on the Current Account and available for withdrawal. The Bank is not obliged to honor cheques drawn against unrealized or un-cleared
payments into the Current Account. The Bank shall collect a charge, which is specified in the Schedule of Fees, on any cheque that is returned unpaid
for lack of funds and on any cheque deposited for collection before a period of its due date which is the period specified by the Bank at the time of
the deposit of the cheque taking into consideration the Central Bank’s regulations and directions.
(a) be subject to the charges and fees specified in the announced Schedule of Fees; and
(b) not be entitled to any returns of whatsover nature (including profit).
(a) Under a Mudarabah Account, the Customer as (the “owner of funds ”) or “Rab-al-Maal”) authorizes the Bank which accepted such authorization
(as the “Mudarib” to invest the Customer’s funds deposited in the Mudarabah Account (“Mudarabah Capital”) through a designated Mudarabah pool
or General Mudarabah pool or any other Mudarabah pool as may be determined by the Bank according to the provisions and principles of Islamic
Shari’a in such manner as the Bank, in its absolute discretion, deems fit. The Mudarabah Capital owned by the Customers holders of the Mudaraba
Accounts (“Mudaraba Accounts Holders”) in the Mudarabah pool capital ("Mudarabah Pool Capital") and the owner of the funds has authorized the
fund manager to mix the Mudarabah Capital with its own funds of the equity rights, balances of the of Current Accounts, other accounts deemed as
Current Accounts and others in which the Bank is authorized to invest.
(b) The investment shall include the whole Mudrarbah Capital except such amount necessary for the obligatory reserve and for the purposes of cash
liquidity as prescribed in the instructions of the Central Bank. If the amount necessary for the purposes of cash liquidity is invested and generated a
profit, such profit shall be treated as profits accrued on the Mudarabah Capital.
(c) The Customer may make withdrawals from any Mudarabah Accounts in accordance with Clause 3.3 except the Investment Deposit Account the
withdrawal of which is subject to specific conditions in accordance with these Terms and Conditions.
(d) The Mudarabah Capital or credits of the Mudarabah Account shall not be guaranteed by the Bank unless in cases of Bank's negligence,
infringement or otherwise violation of these Terms and Conditions.
(e) The Mudarabah Accounts Holders authorize the Bank to retain the profits of finances or investments determined to be retained by the Internal
Shari’a Supervisory Committee due to violation of Shari’a principles in the execution of the finance or investment to be dispensed in charity as per its
instructions.
(f) The Mudarabah Accounts Holders shall authorize the Bank to provide exemption from the profits, financing amount in the philanthropies, if
necessary, or for commercial purposes including the prizes for premature payment as may determined in all cases by the Internal Shari’a Supervisory
Committee.
(a) The Mudarabah Pool Capital shall be invested by the Bank in a joint investment pool the("General Pool”) on which the funds of Bank's
shareholders in terms of equity rights, credits of Current Accounts and credits of other accounts deemed as Current Accounts and may include the
funds authorized to be invested by the Bank on the basis of Investment Agency (as may be applicable in the Bank), a partnership relation
("Partnership") is established between such funds and the Mudarabah Pool Capital and constitute together a ("Partnership Capital").
(b) In order to calculate and allocate the realized profits, the Bank shall make a balance sheet (with the other necessary financial statements) for the
general pool for the period for which the profits are calculated and allocated on the basis of constructive liquidation (valuation) to ensure the
soundness of the partnership capital and the realization of Profit to be allocated, if any. The profits realized by the general pool ("General Pool
Profits") after deducting the fees and expenses (as may applicable in the Bank in relation to the allocation of fees and expenses among the general
pool and shareholders shall be allocated as follows:
(1) The profits of the general pool shall be proportionately allocated amongst the depositors of the partnership capital as per the percentage share in
the general pool owned by each depositor when the financial statement is made, or by the other manner applied by the Bank, if any, as shown in the
Addendum
(2) The Bank shall, as Mudarib, obtain its share of the profits of the Mudarabah pool capital (the “Mudarabah Profit”). The share shall be determined
in accordance with the predetermined percentage of the Mudarabah Profit ("Mudarib’s Profit Share ")
(3) after the deduction of the Mudarib’s Profit Share from the Mudarabah Profit, the remaining sum of the Mudarabah Profit determined as per the
predetermined percentage of the Mudarabah Profit("Mudarabah Accounts Holders' Share in the Profit ") shall be for the Mudarabah Accounts holders
as fund owners ("Mudarabah Accounts Holders' Share in the Profit ") and the Mudarabah Accounts Holders' Share in the Profit shall be distributed
amongst the Mudarabah Accounts Holders as per the weightings applied by the Bank ("Weightings") and in accordance with Clause 16.3.
(4) the updated and prevailing Mudarib’s Profit Share, Mudarabah Accounts Holders' Share in the Profit and Weightings applicable to each Category
will be displayed in the Bank’s branches and website and may be obtained from the Bank or otherwise in accordance with the Bank’s prevailing
practices. The Bank reserves the right to vary the Mudarib’s Profit Share and the Mudarabah Accounts Holders' Share in the Profit and/or the
Weightings from time to time at its sole discretion (after obtaining the approval of the Internal Shari’a Supervisory Committee) and shall announce
the same in seen place in the Bank’s branches and its website or by special notice to be served to the Mudaraba Accounts Holders. Such variation
shall be deemed to be effective upon the commencement of the Profit Calculation Period immediately succeeding such variation provided that such
announcement or notice shall be made prior to at least thirty (30) banking days of such period. The Customer shall be deemed to have accepted such
variation if the Bank does not receive any notice to the contrary within the 30-day period mentioned above.
(c) The Customer acknowledges that nothing in these Terms and Conditions shall be construed in any case as being a warranty or a representation by
the Bank of any guaranteed profits, or any guaranteed repayment of any part or the entire portion, in respect of the Mudarabah Account Balances.
The Customer is aware that all balance in the Mudarabah Accounts (including the Investment Deposits) are exposed to potential losses arising out of
a potential loss and that such losses may even affect the principal amount of the funds deposited by the Customers in the Mudarabah Account.
(d) In respect of Savings Account, profits shall be calculated on the minimum balance for the relevant period of profits calculation of the the Saving
Account and shall in respect of an average balance Saving Account be calculated on the monthly average balance of the Savings Account for the
relevant Profit Calculation Period of the account. The calculation shall be made using either method as applied and declared in the Bank at the time of
opening the account. The profit calculation period for the Savings Account shall be one (1) calendar month starting from the first day of the month
succeeding the deposit of the first amount at or after the opening of the account. Unless such deposit is made in the first day of the month on which
the account is opened, the period shall then commence of that day.
(e) In cases where the Bank determines to pay to all or some Mudarabah Accounts Holders an amount higher than the profits due to them as per the
achieved profits by way of donation of the Bank's Shareholders profits, such donation shall not obligate the Bank to make such donation in the future
whatsoever the times of recurrence and shall in all cases remain optional for the Bank at its absolute discretion.
(f) In cases where a Saving Account is closed prior to the applicable Profit Payment Date, the Customer agrees that it shall not be entitled to receive
the profits accrued on the Mudarabah Capital for the relevant month in which the account is closed and agrees to receive an amount equivalent to the
account balance on Takharuj basis for that month. However, the profits calculated for the month(s) preceding the month in which the account is
closed and have not yet been paid to the Customer shall be paid upon the closure of the account except for the amounts due to the Customer of the
Investment Risk Reserves and Profit Equalization Reserves included in the said Takharuj.
(g) The Mudarabah Accounts Holders authorize the Bank, to retain, if required, a certain percentage of the Mudarabah Accounts Holders Profit of the
realized profits due to be allocated to in the Investment Risk Reserves but shall not exceed certain percentage of such share as the percentage applied
and declared by the Bank, if any, upon approval by the Bank’s Internal Shari’a Supervisory Committee on the same, for the purposes of protecting
against the future loss for which the Bank shall not be liable and maintaining the stability and sustainability of the regular allocation of the profits on
the Mudarabah Accounts Holders as per the market rates in the future under the following controls:
1- The balance of the Investment Risk Reserves shall always remain the right of the Mudarabah Accounts Holders owning the Mudarabah accounts in
the Bank at any time and the Bank shall not have the right to deduct for itself any amount of this balance, and at the liquidation of the Bank the said
reserve balance shall be allocated to the Mudaraba Accounts Holder existing at that time. If anything remained thereof, it shall be dispensed in
charities
2- Upon the allocation of the Investment Risk Reserves or any part thereof to the Mudarabah accounts holders, such allocation shall be made
according to the Weightings or on pro rate basis or in any other manner as may have been agreed between the Bank and the Customer at the Account
opening date, any accounts or category shall not receive more than what it deserves in accordance to that.
3- To facilitate the matter, it is allowable to establish a sub Investment Risk Reserve for each kind, type or category of the Mudaraba accounts
according to the aforesaid rules.
4- The Investment Risk Reserves balance shall be invested for such reserve on Mudarabah basis under the same Terms and Conditions of the Saving
Account, if a sub reserve has been established for each type of the Mudaraba accounts, then the reserve balance shall be invested under the same
Terms and Conditions of this account and in this case the Investment term for the Investment Deposit shall be one month.
(h) The Mudarabah Accounts Holders shall authorize the Bank, to retain, if required, part of the Profit of the Mudarabah pool (Mudarabah Profits) of
the realized profits due to be allocated to the Mudarabah Accounts Holders and the Bank in the Profit Equalization Reserves but shall not exceed
certain percentage of such profits which shall be the percentage applied and declared by the Bank, if any, upon approval by the Bank’s Internal
Shari’a Supervisory Committee on the same, for the purposes of maintaining the stability and sustainability of the regular allocation of the profits on
the Mudarabah Accounts Holders as per the market rates in the future under the following roles:
1. At all times, the balance of the Profit Equalization Reserves shall remain the right of the Mudarabah Accounts Holders owning the Mudarabah
Accounts and the Bank. The Bank shall not be the sole owner of such Profit Equalization Reserves, and In case of liquidation of the Bank, the said
reserve account shall be allocated to the Mudarabah Accounts Holders existing at that time. If anything remained thereof, it shall be dispensed in
charities as should be determined by the Internal Shari’a Supervisory Committee.
2. The Profit Equalization Reserves balance shall be invested for such reserve on Mudarabah basis under the same Terms and Conditions of the
investment of the Partnership Capital in the general pool.
3. Upon the allocation of the Profit Equalization Reserves or any part thereof to the Mudarabah Accounts Holders, such allocation shall be made as
per Mudrabah Profit allocation principles.
(i) If the profits are calculated and not paid to the Customer in accordance with these Terms and Conditions, the Customer hereby authorizes the
Bank to invest such profits under the same Terms and Conditions of their respective account.
(j) The Mudarabah Accounts Holders shall authorize the Bank to pay the Zakat of the Investment Risk Reserves balance and their respective share in
the Profit Equalization Reserves balance and dispense the same as may be determined by the Internal Shari’a Supervisory Committee.
(k) The Bank may at its discretion restrict/limit the number of withdrawals through the branches permissible during a calendar month from the
Savings Account, and if the number of withdrawals exceeds the number of transactions specified by the Bank, then the Bank may collect a service
charge specified in the Schedule of Fees for each additional withdrawal transaction exceeding such limit
(a) the General Provisions shall apply to the Investment Deposit Account and the following additional conditions shall also apply:
(1) In relation to an Investment Deposit Account, the Customer shall select a fixed Investment Period (or such other periods approved by the Bank),
provided that the minimum fixed Investment Period shall be one (1) calendar month;
(2) The profit on the Investment Deposit Account shall be calculated based on the realized profit and shall be paid to the Customer either:
(a) On the first Profit Payment Date falling immediately after the expiry of the Investment Period; or
(b) On Profit Payment Dates at such certain intervals as may be mutually agreed to between the Customer and the Bank (if such agreement exists);
and
(3) Unless otherwise instructed to the Bank by the Customer fifteen (15) banking days before the expiry of Investment Period, the deposit shall be
renewed automatically on the same terms and conditions. The Customer may opt to, when opening the investment deposit account, add the achieved
and allocated profit to the deposit at the renewal to be invested with it and may opt not to add the same.
(b) The profit calculation period for the investment deposit shall be determined as may be requested by the Customer when opening the Investment
Deposit Account and approved by the Bank and shall in any case commence from the banking day following the deposit of the investment deposit
funds.
(c) The minimum limit for accepting the opening of Investment Deposit Account in AED or other currencies shall be determined by the Bank from
time to time. Except for the investment term of deposits in AED, the Bank is not bound to repay deposits upon liquidation or closure of their accounts
in the same currency deposited, but undertakes payment by issuing a demand draft or transfer of the same currency deposited at the exchange rate
prevailing as on the day of repayment of the said deposit.
(d) The Bank is not bound to accept the closure of the Investment Deposit Account liquidation and withdrawal of the deposit request from the
Customer before the expiry of the Investment Period. In special cases the Bank may allow withdrawal of the deposit prior to the expiry of the
investment period in consideration of Takharuj amount to then be agreed upon as may be accepted by the Bank. If the deposit profit was calculated
for the month(s) preceding the month in which Takharuj is made and has not yet paid to the Customer, the same shall be paid to the Customer at the
time of Takharuj except for such amounts due to the Customer in the Investment Risk Reserves or in the Profit Equalization Reserves as the same
shall be included in the Takharuj. The Customer shall, in the requests of liquidation and withdrawal of equal value of AED One (1) million or more,
notify the Bank of such requests five (5) working days prior notice of the date of liquidation.
(e) Conditional upon compliance with the aforementioned, the liquidation and withdrawal of the deposit shall only be made in whole and is not
acceptable to be partial and is made on the Takharuj basis and the amount paid to the Customer shall be the consideration of Takharuj as agreed upon
between the Customer and the Bank.
The Bank may add special types of Mudarabah Accounts provided that the terms and conditions of the same shall be specified in the Addendum.
D. CARD TRANSACTIONS
17. This Clause applies to the use of a Card issued and provided by the Bank to a Cardholder.
17.1 Issuing of Cards
(a) All Cards are the property of the Bank. The Cardholder must immediately return all Cards to the Bank or its Agent upon request by the Bank or
its Agent. The Bank reserves the right to withdraw the Card at its absolute discretion and/or terminate the Card with or without prior notice and in
whatever circumstances it deems fit.
(b) The Card may be collected by the Cardholder or sent by post or courier to the address notified to the Bank by the Cardholder at the risk of the
Cardholder.
1. Upon receipt of the Card the Cardholder shall contact or notify the Bank in the manner specified by the Bank to confirm receipt of and activate the
Card.
2. Such confirmation of receipt, signature, use or activation of the Card shall constitute binding and conclusive evidence of the confirmation of the
Cardholder to be bound by these Terms and Conditions.
3. In the event that the Cardholder does not wish to be bound by these Terms and Conditions, the Cardholder shall cut the Card in half and return
both halves to the Bank
4. The Card is not transferable and shall be used exclusively by the Cardholder and the Cardholder agrees not to disclose the PIN, TIN or SMS PIN
to any third party. The Card may not be pledged by the Cardholder as security for any purpose whatsoever.
(c) The Bank shall not be liable for any circumstances affecting the use of the Card including but not limited to:
(2) the manner in which the refusal to accept the Card is communicated;
(3) any machine, data processing system or transaction link malfunction, strike or dispute relating to the transfer of funds, provision of information or
the goods or services purchased;
(5) the Bank declining to approve any Financial Transaction or purchase transaction which is proved to be contradicting or is repugnant to the rules
and principles of Islamic Shari’a.
(d) The Cardholder shall only use the Card to pay for purchases or services that are acceptable as per the rules and principles of Islamic Shari’a. The
Cardholder is aware that certain purchases of goods or services, such as alcohol or the like, dealing in pork and pork related products, gambling,
pornography, firearms or other illegal materials or services, are prohibited under the rules and principles of Islamic Shari’a. It is the Cardholder’s
responsibility to ensure that the Card is utilized to pay for goods and services which are not contrary, offensive or repugnant to the rules and
principles of Islamic Shari’a.
(e) The Cardholder accepts that the issue of the Cards by the Bank and the maintenance of the Account is governed by the rules and regulations of
the Scheme and in the event of any dispute, a decision taken under the Scheme shall be final unless the Cardholder proves the contrary.
(f) The Bank may at any time disclose details of the Cardholder or its Account to any Agent of the Bank for the purposes of processing a Card
transaction or otherwise fulfilling the Bank’s obligations with respect to the Scheme.
(g) Cardholders shall be jointly and severally liable to the Bank under these Terms and Conditions if the Account is established in two or more names
or if the Card is issued to two or more persons.
(a) The Bank will provide a PIN and TIN to be used in conjunction with the Card when effecting a transaction at an ATM or by Phone-banking. The
Cardholder must ensure that:
(1) all Cards are immediately signed using a ballpoint pen on receipt by the appropriate Cardholder;
(4) the PIN and TPIN are not made known to any other person and to change them regularly;
(5) when the Cardholder changes the PIN/TPIN they do not include any four numbers in sequence from the numbers printed on the front or reverse
of the Card;
(6) Cards are not used before or after the validity period stated on the Card or after any notification of cancellation or withdrawal of the Card by the
Bank or its Agent; and
(7) the Bank’s record of any transaction effected in conjunction with a PIN or TPIN shall be binding on the Cardholder as to its consequence unless
the Cardholder proves the contrary to what is mentioned in the records.
(b) The Bank reserves the right at all times (with the settlement of the consequences on the fees collected for the services, if any) to:
(2) cancel or suspend the right to use any Card, PIN or TPIN in respect of all or specific functions or transactions; and
(c) The Bank shall not be liable to the Cardholder for any loss or damage arising from or as a result of the Bank exercising any of its rights under
these Terms and Conditions.
(a) The Cardholder shall be liable for all ATM transactions using the Card whether or not processed with the Cardholder’s knowledge or authority
(except after written notice of loss has been received and acknowledged by the Bank).
(b) In other cases than the Bank's negligence, infringement or otherwise violation of these Terms and Conditions, the Bank shall not be liable for any
loss or damage where the Cardholder uses an ATM or the Phonebanking to transfer funds between Accounts, pay utility organisations or any other
account or institution which maintains an arrangement with the Bank. The Cardholder shall be solely responsible and liable for:
(1) providing the Bank with the correct details for the funds transfer, any user/ Customer/reference number and any subsequent changes in a form
prescribed by the Bank; and
(c) If a funds transfer or payment request is made by the Cardholder after the Bank’s end of day processing time the request shall be processed on the
next Banking Day.
(d) If a Cardholder deposits an envelope or cheque in the ATM, they shall be deemed to have been received by the Bank for processing on the next
Banking Day.
(e) The Bank may limit total Cash Withdrawals through ATMs from time to time during any period and advise the Customer accordingly.
The Bank shall debit to the Cardholder’s Account the amount of each funds transfer transaction, purchase or Cash Withdrawal. The Bank may be
contacted by a merchant or a person acting on its or the merchant’s behalf to confirm that the Bank will authorize a proposed Purchase or Cash
Withdrawal. Purchases or Cash Withdrawals which are authorised by the Bank are treated as having been debited to the Account on the date of
authorisation and will immediately reduces the credit available on the Account by the amount of the Purchase or Cash Withdrawal.
The amount of any Purchase or Cash Withdrawal in a currency other than in the Card billing currency shall be converted into the Card billing
currency at the Prevailing Exchange Rate including an additional fee as determined and announced by the Bank in the Schedule of Fees.
(a) The Cardholder shall ensure that sufficient funds are available in the Account, whether a credit balance or an overdraft limit agreed by the Bank,
for payment of funds transfer, Purchases and Cash Withdrawals at the time of a transaction using the Card. If for any reason the Account is
overdrawn by the use of the Card, the Customer shall be responsible for immediately making up the deficit by a direct payment or transfer of funds
from any other Account maintained with the Bank. Failure to comply with this condition shall entitle the Bank to cancel the Card and/or make a
transfer on the Customer's behalf (if more than one Account is maintained with the Bank).
(b) The Cardholder shall verify all transactions appearing on a Statement of Account and, in the event of any discrepancy or dispute advise the Bank
in writing thereof within fifteen (15) banking days of the Statement of Account date and proves such entry to be incorrect. If no such notice is
received by the Bank, all Card transactions shall be deemed to be confirmed by the Cardholder as correct. If the disputed transaction of Purchase
turns out to be genuine, the Cardholder shall pay the amount set out in the relevant Schedule of Fees together with any actual expenses incurred by
the Bank in the investigation of such disputed transaction or Purchase. Without prejudice to the foregoing, the Cardholder shall immediately report to
the Bank if there is reason to suspects any fraudulent, illegal or suspicious activity with regard to the Card and the Bank shall, upon receipt of such
report, be entitled to temporarily suspend the usage of the Card until further notification to the Cardholder.
(c) Upon the Cardholder’s request, copies of transaction vouchers shall be provided by the Bank ninety (90) banking days after the transaction date
(the Cardholder shall undertake to pay for the Bank’s applicable fees and charges specified in the Schedule of Fees).
(d) The Bank’s records shall be considered as conclusive proof of the correctness of a funds transfer, Purchase or Cash Withdrawal transaction unless
the Cardholder proves the contrary.
(e) The Bank shall credit the Account with the amount of any refund due to the Cardholder on receipt of a properly issued refund voucher or other
verification of the refund by a merchant in a form acceptable to the Bank. No claim by a Cardholder against a third party may be the subject of a
defense or counterclaim against the Bank.
(a) Upon the written request of a Cardholder who is duly and properly authorised within the Account mandate, the Bank may supply an additional
supplementary Card and PIN to a Supplementary Nominee. These Terms and Conditions shall apply to the use of such a Card and PIN, and the
Cardholder shall be liable for its use as if the additional Card was used by him.
(b) The undertakings, liabilities and obligations of the Cardholder shall not be affected and in any way by the issue of a supplementary Card and by
any dispute or counterclaim the Cardholder and Supplementary Nominee may have against each other. The Cardholder shall indemnify the Bank
against any actual loss, damage, liability, costs and expenses whether legal or otherwise incurred by the Bank by reason of any legal disability or
incapacity of the Supplementary Nominee or any breach of these Terms and Conditions by the Supplementary Nominee.
The Bank reserves the right to charge the Cardholder with the fees and charges specified in the announced Schedule of Fees upon request to obtain
the Card or the Service. This may include, but is not limited to:
(3) a request for a copy of a transaction voucher which is subsequently confirmed as a bona fide transaction; and
(a) The Bank may issue a PIN and/or TIN for the Cardholder to be used in conjunction with the Card when effecting a transaction at an ATM or by
Phone-banking. The Cardholder agrees that the PIN/TPIN may be sent by post to him/her at his/her own risk. The Cardholder shall be fully liable to
the Bank for all Card Transactions made with the PIN/TPIN whether with or without the knowledge of the Cardholder
(b) The Cardholder shall use all reasonable precautions to prevent the loss or theft of the Card and shall not disclose the PIN or TPIN to any party.
(c) If any Card is lost or stolen or if the PIN or TPIN becomes known to any person other than the Cardholder or Supplementary Nominee or the
Card or the PIN or TPIN is for any other reason liable to be misused, the Cardholder must, as soon as possible, notify the Bank without delay and
subsequently file a police report at the nearest police station where such loss or theft or disclosure occurred or was discovered. In such circumstances,
the Bank shall be entitled to temporarily suspend the use of the Card until further notice to the Cardholder. If a Card is subsequently found it must
not be used and instead must be returned to the Bank immediately cut in two across the magnetic stripe.
(d) Without prejudice to the Cardholders’ obligation to report the lost, stolen or misused Card, the Cardholder is required to notify the Bank in
writing of any loss or theft of the Card, TPIN or PIN immediately following such loss or theft. The Bank shall in good faith take the necessary
measures to prevent use of a Card on receipt of such notification. However, the Bank shall assume no responsibility until it has received such written
notice.
(e) The Bank may upon request from the Cardholder issue a replacement for any lost or stolen Card or a new PIN or TIN on these Terms and
Conditions or such other terms and conditions that the Bank may deem fit and shall notify the Cardholder of the same upon filling the application.
(a) The Cardholder shall be liable for any actual losses arising from the use of any Card, TIN or PIN by any unauthorised person before the Bank
receives notification of loss or theft of a Card, TPIN or PIN in accordance with this Clause 17. The Cardholder shall be liable for all actual damages
to the Bank arising from the use of any Card by any person obtaining possession of that Card with the Cardholder’s consent or where a Cardholder
has been negligent.
(b) The Cardholder shall assist the Bank or its Agent in the investigation of the loss, theft or possible misuse of a Card, or the disclosure of the PIN or
TPIN and the recovery of a Card. The Cardholder consents to the disclosure to Agents of any relevant information concerning the Account in
connection with such investigation or recovery.
17.11 Information
(a) The Bank may analyse certain information about the transactions on the Account and may use the information to tell the Cardholder about
products, services and benefits which may be appropriate to the Cardholder.
(b) The Bank may monitor and record the Cardholder telephone calls to the Bank or to its Agent. Such telephone recordings shall be the sole
property of the Bank.
(c) The Cardholder shall advise the Bank in writing immediately in respect of any change to a Cardholder’s name, business and/or home telephone
numbers, financial circumstances and the address to which correspondences are sent.
(d) The Cardholder permits the Bank to disclose information concerning the Cardholder including, but not limited to, the Account of the Cardholder
to the Bank’s employees agent, associates, branches, assignees, agents or other parties authorized by the Bank.
(e) The Customer hereby authorises the Bank to fix a Close Circuit Television (CCTV) camera at its premises to capture and retain the Customer’s
image (by photo, video recording or other means) and to provide the same to the police, central bank or any other competent authorities at anytime
without any approval by or notification to the Customer.
(a) The Bank may make available additional features to Cardholders subject to such terms and conditions as notified to the Cardholder from time to
time.
(b) The Bank may replace, remove, amend or vary any or all of the additional features. Any such changes shall be effective upon giving notice to the
Cardholder.
17.13 Termination
(a) Either the Bank or the Cardholder may terminate the use or provision of a Card and the Account at any time on written notice to the other party.
If either party exercises its right to terminate the use or provision of a Card then all Cards issued in respect of the Account must be returned to the
Bank cut in two across the magnetic stripe.
(b) The Account shall be closed only after the full payment of all charges and liabilities under the Account.
(c) The Bank may terminate the Card and Account or demand payment or repayment of the outstanding balance on the Account at any time. Subject
to the Bank’s rights and powers under these Terms and Conditions, and until such termination takes place, the Bank shall provide renewed Cards to
the Cardholder on expiry of the Card from time to time.
(d) In the event of termination by the Bank any outstanding balance in the Account may be set-off by the Bank against any funds, encumbered, assets
or securities of the Cardholder that are held by the Bank.
17.14 Indemnity
The Cardholder shall indemnify the Bank against any actual liability, loss, charge, demand, damage, whether direct or indirect, proceedings, costs
and expenses whether legal or otherwise which the Bank may incur by reason of infringement of these Terms and Conditions or any breach thereof
by the Cardholder. All costs and expense in such regard may be debited to the Account and shall be payable to the Bank by the Cardholder in
accordance with these Terms and Conditions.
(a) The failure or delay by the Bank to insist in any one or more instances upon the strict performance of the any of the provisions of these Terms and
Conditions or to exercise any of its rights, powers, or privileges hereunder shall not be construed as a waiver or preclusion of any such provisions or
the relinquishment of any such rights, powers or privileges which shall continue in full force and effect and any waiver by the Bank of breach of any
of these Terms and Conditions shall not prevent the subsequent enforcement of them and shall not be deemed a waiver of any subsequent breach.
(b) Any notice issued to Cardholders by the Bank as required within these Terms and Conditions shall be served by any means available to the Bank
that ensures the delivery of the notice to the Cardholder and as permitted by law.
(c) The Bank reserves the right to determine the priority of Card transactions against cheques presented or any other existing arrangements with the
Bank.
(a) Except in cases of the Bank's negligence, infringement or otherwise violation of these Terms and Conditions, the Bank shall not be liable for any
loss or damage howsoever incurred or suffered by the Cardholder by reason of the Bank or a merchant or other bank or financial institution or any
ATM or other party refusing to allow a Card Transaction or accept the Card or the Card number or the PIN/TIN or to extend or provide Cash
Withdrawals.
(b) The Bank shall not be responsible for the refusal of any merchant or member institution of Visa/MasterCard International to honor or accept the
Card or for any defect or deficiency in the goods or service supplied to the Cardholder by any merchant or, where applicable, for any breach or non-
performance by a merchant of Card Transactions.
(c) In the event of any dispute between the Cardholder and any merchant, bank, financial institution or any other person, the Cardholder's liability to
the Bank shall not in any way be affected by such dispute or any counterclaim or right of set-off which the Cardholder may have against such
merchant, bank or financial institution or person.
(d) The Bank shall not be liable in any way to the Cardholder for any loss or damage of whatever nature due to or arising from any disruption or
failure or defect in any ATM or other machine or communication system or facilities or data processing system or transmission link or any industrial
or other dispute or anything or cause, whether beyond the control of the Bank.
(e) The Bank shall not be liable in any way to the Cardholder for any loss or damage of whatever nature due to or arising from the use of the Card
outside the UAE as long as this is due to a reason that is beyond the Bank's control.
F. INTERNET BANKING
19. The Internet Banking shall be subject to the terms and conditions of the Bank displayed on the Bank’s website. Accepting of which, is a
condition of utilizing the Internet Banking services.
G. SMS SERVICES
20. The short message services (“SMS”) shall be subject to the terms and conditions of the Bank attached to the Account Application Form.
Accepting of which, is a condition of utilizing the Internet Banking services.
I. MISCELLANEOUS
22. Disclosure
22.1 The Customer irrevocably agrees that the Bank may at its discretion and for any purpose (including for the purpose of fraud prevention, audit
and debt collection, or if required by any competent government or regulatory body) share any information, details or data relating to the Customer
and/or the Accounts and/or the Customer’s transactions with the Bank or its affiliates or branches or any credit agency or any person who may enter
into contractual relations with the Bank as the Bank may consider appropriate without notice to the Customer
22.2 The Customer irrevocably agrees that the Bank may transfer or sub-contract the provision of any part of the services provided to the Customer
to any third party. The Bank shall remain liable to the Customer for any actual damages incurred or suffered by the Customer as a result of the
negligence, breach or default of any such third party.
22.3 In case of the death of the Customer, the installments of any credit facility extended to the Customer (if any) shall become immediately due and
payable and the Account shall be frozen and no amounts in the name of the deceased Customer shall be released unless a formal order by the
competent court is received by the Bank to this effect, and the Bank shall only be responsible therefore from the date on which it has been notified
about the death.
22.4 The Bank may open such Accounts (as may be approved by the Bank from time to time in accordance with the Central Bank rules and
regulations and applicable federal and local laws) for minors under the signature of his natural guardian or legal guardian until the minor is the age of
majority, whereupon such minor shall be entitled to operate the relevant Account in his own right without the need for any consent of the natural
guardian or legal guardian or any party.
22.5 The Bank shall keep duplicate of the correspondences, telegraphs and invoices sent or issued in respect of the financial transactions and shall
also keep all incoming correspondences, telegraphs, invoices and other documents relating to the financial transactions including the original cheques
that may be required to be kept and maintained by the Bank in accordance with the banking common practices and the same shall be kept in such
organized manner that facilitates auditing every 5 years from the date of issuance of incoming thereof. After the above date, the Customer shall
authorize the Bank to destroy the said documents without any liability on the part of the Bank.
23.2 Without prejudice to the Bank’s aforesaid right, the Bank shall be entitled to close the Current Account without notice to the Customer if the
Customer issues any cheques with insufficient funds in the Account.
23.3 Upon closure of the Current Account, any unused cheques relating to the Account must be returned by the Customer to the Bank. The Bank will
discharge its liability to the Customer by issuing and mailing to the Customer a postal draft in the amount of the credit balance remaining in the
Account after deducting any actual charges, fees and other expenses incurred by the Bank in relation to the closure of the Account. If there is debit
balance in the Account, the Customer shall immediately pay the Bank the amount due from the Customer upon receipt of the Bank’s advice of the
closure of the Account.
24. Non- Waiver: If the Bank does not at any time exercise the full implementation of any clause or obligation set out in this terms and conditions, or
if the Bank delays the implementation thereof, the same shall not be considered to be a waiver of its right or abandonment of the full implementation
at a subsequent time.
25.2 The Customer acknowledges and accepts that telephone calls by or to the Bank may be recorded for the protection of the interest of the
Customer and the Bank.
25.3 The Customer acknowledges and agrees that the Bank may maintain, transfer, process and store its data, information and records in electronic
form, on microfilm or other methods (including in processing centers and databases outside of the UAE) and further agrees that the messages, cables,
telexes fax, microfilms, tapes computer printouts and photocopies, which may be exhibited by the Bank as an extract from its files, books, records or
accounts shall constitute conclusive evidence of the genuineness of the contents thereof.
25.4 The Customer acknowledges and agrees that the Bank may utilise the services of third party contractors and that any such third party may have
access to the Bank’s books and records including information regarding the Customer and the Account. However, the third party should sign
confidentiality agreement with the Bank to safeguard the Customer’s interest as per specifications of the Central Bank.
25.5 The Customer irrevocably consents to the disclosure and reporting by the Bank, its officers, employees and/or agents, in any whatsoever, of the
disclosure of any information relating to the Customer and its account relationship with the Bank (including without limitation, credit balances and
deposits with the Bank, account history and other Customer related information) as the Bank, its officers, employees, and/or agents may in their
absolute discretion deem fit, including:
(a) the Bank’s head office, any of its representative offices, subsidiaries, affiliates and branch in any jurisdiction and any related corporations of the
Bank;
(b) service providers including persons to whom the Bank has outsourced any operational functions which may be engaged by the Bank to carry out
any of the Bank’s businesses or operations (including without limitation, ATMs or other network providers) within or outside of the UAE and are
under a duty of confidentiality to the Bank;
(d) any legal advisers or accountants or other professional advisors acting for the Bank and/or agents and independent contractors;
(e) any regulatory, fiscal, supervisory or governmental authority in any jurisdiction; and/or
(f) any other person(s) which the Bank considers, is in its interest to make such disclosure.
The Customer will not assert any claim, and waives any right to assert any claim, against the Bank for any loss, damage or injury suffered or alleged
as a result of any such disclosure or reporting.
27. Notices
27.1 Any notice or communication posted to the Customer at the address stated in the Account Opening Application shall be deemed to have been
duly received by the Customer fifteen (15) banking days after the date of posting of the same unless the Customer proves that the same is
undelivered. The Bank shall not be liable for any delay or loss of mail for reasons beyond the Bank's control. Notification of any change of address of
the Customer shall not be binding on the Bank until the Bank’s records have been amended.
27.2 Where the Bank is required to give notice to the Customer under these Terms and Conditions, such notice shall be considered valid and binding
on the Customer if it is displayed at the Bank’s branches or on its website, sent by post, SMS or fax or otherwise notified to the Customer on the
Statement of Account or through other electronic means deemed fit to deliver the notice to the Customer.
27.3 Subject to these Terms and Conditions, the Customer acknowledges and agrees that the Bank may use any contact details available in the
Bank’s records provided by the Customer including his/ her mobile and/or telephone number(s), registered email address and postal address
(residential and correspondence) to contact the Customer for any services or operational reasons and to notify the Customer of any changes and when
adding any addendum to the Terms and Conditions and/ or the Addendum including without limitation, fees, charges, expenses or for any type of
accounts and /or banking services not specified in these Terms and Conditions and the Addendum and for any other general communication related
to the Customer’s day-to-day account operation.
27.4 The Customer acknowledges and confirms that the contact details provided by him/her to the Bank are correct, accurate, complete and up to
date. The Customer shall be responsible to promptly notify the Bank in the event of any changes made to such contact details and to update his/her
latest contact details in the Bank’s records at all times. The Customer understands and agrees that the Bank shall not be liable in the event that the
Customer fails to receive any notification from the Bank by reason of Customer not providing to the Bank his / her latest contact details.
28. Rules and Principles of Islamic Shari’a, and the Authorization of the Internal Shari’a Supervisory
Committee
The Customer acknowledges and agrees that these Terms and Conditions shall be subject to the rules and principles of the Islamic Shari’a as per the
Shari’a standards of the Accounting and Auditing Organization for Islamic Financial Institutions.
30.2 Submission to the jurisdiction of the courts of UAE shall not limit the right of the Bank to bring proceedings against the Customer in any other
court of competent jurisdiction.
ADDENDUM
Section 1
These specific terms and conditions contained in this Addendum are made pursuant to the Terms and Conditions (for Accounts and Islamic Banking
Services).
In the event of conflict between the Addendum and the Terms and Conditions, the conditions stated in the Terms and Conditions shall prevail unless
provided otherwise by means of amendments in this Addendum.
Whereas the Customer wishes to open a bank account and/or obtain banking services from the Bank and the Bank has agreed to provide such
services.
In this Addendum, unless and to the extent context otherwise requires, the terms used in this Addendum shall have the same meaning used in the
Terms and Conditions.
1. In condition 15.1 of the Terms and Conditions in respect of the requirement of the balance of the Current Account, the Customer shall maintain the
minimum balance or the average balance specified in the Schedule of Fees announced across all of the Bank’s branches and at www.adib.ae. If the
Current Account balance falls below the balance stipulated in the above mentioned Schedule of Fees, the Bank shall charge the monthly fee specified
in the same Schedule of Fees.
2. In condition 16.1 of the Terms and Conditions in respect of the requirement of the balance of the Mudarabah Accounts, the Customer shall
maintain the minimum or the average balance which qualify the Account for receiving profit of the profits accrued as specified in the announced
Schedule of Fees and/or Announcement of Profit Distribution Method across all of the Bank’s branches and at www.adib.ae.
3. In condition 16.3 of the Terms and Conditions, the applicable in respect of Mudarib’s Profit Share and Mudarabah Accounts Holders’ Share in the
Profit and Weightings is specified in Announcement of Profit Distribution Method announced across all of the Bank’s branches and at www.adib.ae.
4. With reference to condition 16.3(d) of the Terms and Conditions in respect of Savings Account profits calculation, the period of the profit
calculation shall be one calendar month. The profit calculation will be starting from the day the Account was opened, in accordance to the
requirements specified in clause number 2 above of the Addendum.
5. In condition 16.3(f) of the Terms and Conditions in respect of cases where a Saving Account is closed prior to the applicable Profit Payment Date,
the Customer agrees to receive an amount that may be equivalent to the Account balance on Takharuj basis for that month. Such as the Customer will
be required to sign the (Takharuj/ Early Termination of Mudarabah Account “investment account” Form) available across all of the Bank’s branches.
6. In condition 16.3(g) of the Terms and Conditions, the certain percentage to be retained by the Bank (if required) of the Mudarabah Accounts
Holders Profit of the realized profits due to be allocated to in the Investment Risk Reserves is the applicable and announced percentage set out in the
Announcement of Profit Distribution Method.
7. In conditions 16.3(h) i , ii and iii of the Terms and Conditions, the Profit Equalization Reserve is not applicable in the Bank, and wherever it refers
to the term Profit Equalization Reserve other than these conditions, shall be read as Investment Risk Reserve as explained in condition 16.3(g), i, ii,
iii, iv of the Terms and Conditions; considering that the term Profit Equalization Reserve which was used earlier by the Bank was intended to have
the meaning of the Investment Risk Reserve.
8. In respect of condition 16.4(a) i of the Terms and Conditions, the Customer shall select a fixed Investment Period from one of the periods set out in
the Announcement of Profit Distribution Method which announced across all of the Bank’s branches and at www.adib.com.
9. In condition 16.4(a) ii of the Terms and Conditions and in respect of the realized Profit Payment Date to the Customer on the Investment Deposit
Account, the Customer will be paid on the first Profit Payment Date falling immediately after the expiry of the Investment Period.
10. In condition 16.4(c) of the Terms and Conditions related to the minimum limit for accepting opening of the Investment Deposit Account, the
minimum limit is specified in the Schedule of Fees and/or Announcement of Profit Distribution Method which is available across all of the Bank’s
branches and at www.adib. com.
11. In condition 16.4(d) of the Terms and Conditions in relation to the closure of the Investment Deposit Account before the expiry of the Investment
Period, the Customer will be required to sign the (Takharuj /Early Termination of Mudarabah Account “investment account” Form) available across
all of the Bank’s branches;
12. In condition 17.9(d) of the Terms and Conditions in respect of the obligation of the Cardholder to report lost or stolen Cards to the Bank in
writing, and to mitigate the risk of lost or stolen Card, the Bank will accept also the Cardholder to notify the Bank by telephone via Customer Service
numbers (600543216) (24 hrs) from within UAE or (+9712 6100600) (24 hrs) if dialing from outside UAE. However, for the avoidance of doubt, the
Bank shall not be liable for any losses to the Cardholder for a transaction that was authorized by the Cardholder prior to the Cardholder notifying the
Bank of the lost or stolen Card by telephone or written notice but was processed after such notification.
13. The currency of the General Pool is AED. For Accounts in Foreign Currencies, the balance of these accounts is calculated in AED according to
the Prevailing Exchange Rate of the Bank at the time of profit calculation.
14. For the purpose of this Addendum wherever it refers to Schedule of Fees, shall be read as Banking Services & Tariff Board;
15. For the purposes of this Addendum, the accounts balance means the daily closing balance.
Dividend means dividends declared by the Bank to its shareholders and held in trust in the Bank’s books for shareholders. to claim in accordance
with the rules and guidelines issued by the financial market regulator
Dormant Account Customer means a customer (individual or corporate) who holds account(s) with a Bank, where all held accounts are individually
eligible for dormancy and who holds no Outstanding Facilities with the same Bank in accordance with Article 2 of the Regulation;
Investment Deposit Accounts means all customer deposits placed in a Bank account for a fixed term period, with or without an early termination or
any account in the Bank’ balance sheet that has a similar treatment;
Investment Accounts means an investment account is a portfolio account where a Bank invests the funds in assets (equity, mutual funds, Sukuk,
structured products etc.) on behalf of a Customer;
Outstanding Financings means any financing due from customers, including but not limited to covered card balances, financing products, covered
drawings, etc. and off balance sheet products, also due from customers, such as bank guarantees, etc.
Regulation means the UAE Central Bank Dormant Accounts Regulation issued pursuant to Circular No.1/2020 dated 15 January 2020;
Safe Deposit Boxes means an individually secured container, in a Bank’s vaults, hired out to Bank’s Customers for the safekeeping of their
belongings.
(a) A personal savings or call or current account where there has been no transactions (withdrawals or deposits) or non-financial actions (service
requests, due diligence, particular update, etc) for a period of 3 years from the date of the last transactions on the account, other than transactions
initiated by the Bank (such as profit and fees posted by the system or manually) and there has been no communication from the Customer (whether
written or electronic).
(b) Investment Deposit Account where there is no automatic renewable clause and where the deposit has matured, but neither renewal nor claim
request has been made in the past 3 years since the deposit matured (or) where there is an automatic renewable clause, but there is no communication
(whether written, electronic or verbal) from the Customer within a period of 3 years from the date of first maturity.
(c) A closed ended Investment Account or redeemable Investment Account where there is no communication from the Customer for a period of 3
years from final maturity or redemption date. An open-ended Investment Account will be treated as dormant; when the Customer’s other accounts
have been classified as dormant in accordance with the Regulation. However, the Bank shall liquidate or dispose of the assets in the open-ended
Investment Account only as per stated terms and conditions of the Account.
The Bank must wait for a period of three months to receive a response from the Dormant Customers. After the passage of 3 months from the date of
classifying the account as Dormant Account, If the Bank has not received response from the Dormant Customers after attempting to contact them
through written, electronic or verbal (recorded) channels, the Bank must transfer the money in the Dormant Account to the dormant account ledger.
Bankers cheques, Bank drafts or cashiers orders, which have been issued at the request of a Customer against a cash deposit, or by debit to his/her
account, that have not been claimed by the beneficiary and remain unclaimed by the beneficiary or the Customer for a period of 1 year (despite the
efforts of the Bank to contact the Customer) shall be classified as dormant accounts.
In such cases, the Bank must initiate communication with issuers of such unclaimed bankers cheques, bank drafts or cashier orders notifying them of
non-encashment of the issued instruments and if after a period of 3 months has elapsed and if still no claim is received, the balances should be
transferred to the “unclaimed balances account” within the Bank, after deducting actual charge (if any) incurred by the Bank and the Central Bank is
notified of this action.
The rules and guidelines issued by the financial market regulator will govern the unclaimed Dividend maintenance and re-claim process in whatever
Account such unclaimed Dividend balances are held in.
Where charges for a safe deposit box remain outstanding for a period of more than 3 years and the Bank has not received a reply from the Safe
Deposit Box tenant or the tenant has not made alternative arrangements in relation to the Safe Deposit Box, it shall be classified as a dormant Safe
Deposit Box.
The Bank shall send a final notice to the dormant Safe Deposit Box tenant’s last known address and wait for a period of 3 months for a response. If
there is no response from the Safe Deposit Box tenant after such period, the shall apply to the court to appoint a person to supervise the opening of
the Safe Deposit Box and provide direction regarding the disposal of the contents found in the Safe Deposit Box or the appointment of a court
receiver.
To comply with all abovementioned cases, the Customer shall not have another active Account (liability or assets) with the Bank. Safe Deposit Box
operations by nominees is not sufficient to regard them as in the status of Dormant Safe Deposit Boxes.
If a Dormant Account Customer requested to activate a Dormant Account, he/she should personally, or through a legal representative, approach the
Bank and submit a claim with all relevant documentation to prove his/her identity and the Bank may reactivate such Dormant Customer Account
after verifying the identity of the Dormant Customer in accordance with the Bank’s authentication channels.
To enable the Bank to consider whether to provide or continue to provide the Customer with any Service, the Bank may require the Customer to
supply to the Bank from time to time information about the Customer (including personal information and data (collectively “Data”). Failure to
provide such information to the Bank may result in the Bank’s inability to provide or continue to provide such Service to the Customer. The
Customer represents and warrants that all such information is accurate and correct and undertakes to notify the Bank immediately and in writing if
any information previously provided to the Bank by the Customer changes or becomes inaccurate or incorrect, together with the relevant documents
evidencing or supporting such change, as required by the Bank
Data will be used for considering the Customer’s request and subject to the Bank agreeing to provide or continue to provide the relevant Service, the
Data and all information relating to transactions or dealings with the Bank will be used in connection with the provision of such Service to the
Customer.
The Bank will use, store, disclose, transfer (whether within or outside UAE) and/or exchange Data and other details and/or information to or with all
such persons as the Bank may consider necessary including, without limitation, any Bank group member, insurers, third party contractors, third party
financial institutions, credit verification and credit reporting agencies, credit bureaus, debt collection agencies, court(s), tribunal(s), regulatory
body(ies), lawyers, auditors and other professional advisors engaged by the Bank including Al Etihad Credit Bureau; any other entity that the Bank
may engage or communicate with for data processing, statistical risk analysis, advice in relation to Customer relationships or any other entity in order
to enable the Bank to perform its obligations hereunder or under any other agreement to which the Bank is a party or to enforce the Customer’s
obligations hereunder or otherwise at the Bank’s sole discretion, and any other service provider for any and all purposes:
a) in connection with such Service and/or in connection with matching for whatever purpose (whether or not with a view to taking any adverse action
against the Customer) Data with other personal data of the Customer in the Bank’s possession;
b) in connection with the provision of banker’s references about the Customer to other financial institutions or other persons;
c) in connection with the conducting of any checks with any banks, financial institutions, debt collection agencies, credit bureaus, and/or any credit
reporting agency (including without limitation upon an application for any credit facility or upon periodic review or renewal of such facility);
d) of promoting, improving and furthering the provision of other financial services by the Bank and any other Bank group member to the Customer;
and/or
e) any other purposes and to such persons as may be in accordance with Bank’s general policy on disclosure of personal data as set out in any
statements, circulars, notices or other terms and conditions made available by the Bank to the Customer from time to time.
The Customer authorizes the Bank for disclosure of information and/or Data in all of the cases mentioned above without prior consent or approval or
notification in any manner whatsoever.
If the Data includes information or data of any other person, the Customer confirms and warrants that the Customer has obtained such person’s
consent to the provision of such information or data to the Bank for the foregoing purposes and for its disclosure to the persons specified above.
The Customer has the right to request access to, and corrections of any of the Data or to request that the Data shall not be used by the Bank for its
marketing and promotional purposes. Any request may be made in writing and addressed to the Bank’s Information Security Officer at such address
and number as specified by the Bank from time to time. The Bank will comply with such request unless the Bank may or is required to refuse to do so
under any applicable law, regulation or court order in UAE or elsewhere with which the Bank is customarily expected to comply.
17.3 Disclosure:
The Customer agrees that, subject to secrecy and permitted disclosure provisions under the Central Bank regulation and other laws, the Bank may
disclose the state of any Account or any transaction of the Customer with the Bank or any other information relating to the Customer or the
Customer’s transactions or dealings with the Bank (including, without limitation, any Data), whether or not acquired through the keeping of any
Account for the purposes of any legal process which concerns the Bank or the Customer. Disclosure may also be made to government and regulatory
agencies and authorities and to credit rating agencies including Al Etihad Credit Bureau.
Without limiting the generality of the foregoing, the Customer acknowledges and agrees that the Bank and any other Bank group member are
required to act in accordance with applicable laws and regulations in UAE and other jurisdictions including, without limitation, all regulations issued
by the Central Bank from time to time, sanctions and anti-tax evasion-related laws and regulations. The Customer agrees that the Bank may take, and
may instruct any other Bank group member (or may be so instructed by any other Bank group member) to take any action which it or such other
Bank group member, in its absolute discretion, considers appropriate in connection with such laws and regulations including, without limitation,
intercepting and/or investigating any payment message and other information or communications sent to, by or on behalf of the Customer via the
systems of the Bank or any other Bank group member, delaying, blocking or refusing to make any payment. Other than for gross negligence or wilful
misconduct of the Bank and/or other Bank group member in which case the Bank and/or other Bank group member shall be liable for actual loss or
damage suffered by the Customer , neither the Bank nor any other Bank group member shall be liable for any loss or damage (whether direct or
indirect including, without limitation, loss of profit) suffered by any person arising as a result of or in connection with any such action, delay,
blocking or failure to make any payment.
The Customer confirms that the monies deposited for the opening of the Account with the branch and all credits thereafter deposited in this Account
are from legitimate source(s) and in no way do they constitute or are in breach of UAE Anti Money Laundering laws and Central Bank regulations.
19. Other than the gross negligence or wilful misconduct of the Bank, the Customer agrees to indemnify and keep the Bank indemnified, for and/or
in respect of all or any actual loss or damage arising from the use, share and disclosure of any of his/her personal data, credit and financial
information with any party. Customer further agrees to indemnify and keep the Bank indemnified for and/or in respect of all or any actual loss or
damage arising from seeking/obtaining any of his/her personal data, credit and financial information from any party.
20. Customer understands that the Bank makes no warranty concerning the accuracy, validity, and/or completeness of any such information
whatsoever sought, obtained, or disclosed by the Bank. Therefore, Customer understand, agree and confirm that the Bank will not be responsible to
compensate him for any loss or damage, whether direct or indirect the Customer may suffer as a result of the inaccuracy, invalidity and/or
incompleteness of any such information.
Section 2
1. The Short Term Investment (STI) Account is a Mudarabah Account in accordance with the Terms and Conditions;
2. The minimum balance to open a Short Term Investment (STI) Account for Customers is specified in the Schedule of Fees announced across all of
the Bank’s branches and at www.adib.com;
3. For the purposes of Condition 16.1 of the Terms and Conditions and in respect of profit calculations, the daily minimum closing balance which
qualify the Short Term Investment (STI) Account to be a Mudarabah Account on that day is specified in the Schedule of Fees announced across all
of the Bank’s branches and at www.adib.com;
4. The calculation of profit and loss will be calculated on monthly basis, based on the monthly average of the daily closing balance available in the
Account for the days in which the Account’s balance is equal or higher than the daily minimum closing balance which qualify the Account to be a
Mudarabah Account on that day;
5. On the first working day of each month, total daily profits earned for the previous month (if any) will be added to Short Term Investment (STI)
Account;
6. All withdrawals from the Short Term Investment (STI) Account will be permitted against the written instructions of the Customer or the
Authorized Person. Issuance of cheque-book and/or ATM card for this Account will not be allowed;
7. The Customer can obtain a detailed statement of Account. Upon the Customer request, a detailed statement of account may be mailed every three
(3) months to his/her registered postal address with the Bank.
Section 3
Special Terms and Conditions for Banoon Account – Children’s Savings Account
Banoon Account – Children’s Saving Account (the “Banoon Account”) is subject to the Terms and Conditions and the Addendum, in addition to the
following special terms and conditions which apply only to Banoon Account;
1. Definitions
“Banoon Card” means a debit card issued by the Bank from time to time to the Guardian, Grantor or Custodian for the benefit of the Minor and
includes without limitation of the Minor and includes without limitation any subsequent, renewal and replacement card;
“Custodian” means a person nominated by a court and granted custody of the Minor;
“Grantor” means any person who donates money to the Banoon Account including the mother of the Minor for whom the account is opened;
2.1 Banoon Account is a Mudarabah Account according to the Terms and Conditions. . The Terms and Conditions of the Mudarabah Accounts are
incorporated herein by reference and shall be applicable to all Banoon Accounts including the special terms and conditions of profit calculation and
distributions except what is set out in the Announcement of Profit Distribution Method which available across all of the Bank’s branches and at
www.adib.ae , which is applicable only to Banoon Account, and also the charges which are hereby waived by the Bank;
2.2 The “Donation to Minor Declaration” in Banoon Account Opening Form, is an integral part of these Special Terms and Conditions;
2.3 The minimum balance to open a Banoon Account is specified in the Schedule of Fees announced across all of the Bank’s branches and at
www.adib.ae;
2.4 Withdrawal from a Banoon Account is restricted to be only through a teller in the Bank’s branches or any ATM;
2.5 ADIB’s phone banking, ADIB Mobile Banking Application, E-ADIB internet banking and SMS banking services are available for information
purposes only with respect to Banoon Account;
2.6 The Grantor must be one of the Bank’s Customers to be able to open a Banoon Account(s) under his/her Relationship Information Management
(RIM) number;
Section 4
1. Ghina Salary Account is a Mudarabah Account in accordance with the Terms and Conditions;
2. In respect of profit calculations for Ghina Salary Account, no minimum balance is requested to qualify the Ghina Salary Account to be a
Mudarabah Account;
3. The calculation of profit and loss will be calculated on monthly basis, based on the monthly average balance available in the Account;
4. On the first working day of each month, total daily profits earned for the previous month (if any) will be added to the Ghina Salary Account;
5. Ghina Salary Account is excluded of the requirement of the minimum or the average balance and no monthly fees is applicable;
Section 5
2. The monthly fee that is applicable on XPRESS Account is specified in the ADIB Banking Services and Tariff Board, as amended by the Bank
from time to time in accordance with the Terms and Conditions,
3. ADIB may, at its sole discretion, close the account in case of non-receipt of XPRESS Account fee for 6 consecutive months. ADIB may use any
contact details available in ADIB’s records provided by the Customer including his/ her mobile and/or telephone number(s), registered email address
to notify the Customer 60 days prior closure of the account.
4. ADIB reserves the right to make changes to XPRESS Account, including changes to fees, and the services and benefits from time to time,
provided that ADIB will give the Customer 60 days prior written notification to the implementation of such changes. If the Customer continued using
the account on or after the passage of such notice period, it will be deemed that he/she has accepted the new change(s).
5. XPRESS Account is a digital account and account holders will be serviced through dedicated branches of ADIB branches network, the list which
will be provided on ADIB website on the following link: https://adibm.com/xprsacc
Section 6
Any payments made by the Customer to the Bank under these Terms and Conditions for products and services provided shall be exclusive of VAT.
The Customer shall pay to the Bank an amount equal to any VAT, if and /or when it becomes applicable, in addition to and at the same time as such
payments are made.
Section 7
2. The Customer agrees that any digitally or electronically signed instrument, document, contract, agreement or terms and conditions (including these
Terms and Conditions and the Addendum) shall be deemed (i) to be "written" or "in writing," (ii) to have been signed by the Customer and (iii) to
constitute a record created and maintained in the ordinary course of business and an original written record when printed from electronic files. Such
paper copies or "printouts," if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between
the Bank and the Customer to the same extent and under the same conditions as other original business records created and maintained in
documentary form.
3. Neither the Bank nor the Customer shall contest the admissibility of true and accurate copies of digitally or electronically signed instruments,
documents, contracts, agreements or terms and conditions.
4. The Customer further understands and agrees that no certification authority or third party verification is necessary to validate the Customer’s
digital or electronic signature and the lack of such certification or third party verification shall not in any way affect the enforceability of the
Customer’s digital or electronic signature of any resulting instrument, document, contract, agreement or terms and conditions between the Customer
and the Bank. Furthermore, the Customer understands, acknowledges and agrees a digital or electronic signature of the Customer’s representative or
appointed attorney to any instrument, document, contract, agreement or terms and conditions or any person authorised access to Customer’s accounts
for and on behalf of the Customer shall constitute a valid, binding and enforceable signature as the original signature of the Customer.
5. For the purposes of this section, “digital or electronic signature” means any letters, numbers, symbols, fingerprints, codes, images, graphics,
algorithms, voice or processing system or any combination thereof in electronic form applied to, incorporated in, or logically associated with data
message with the intention of authenticating or approving the same.
I undertake to comply with all the above Terms and Conditions, the
Addendum and the Schedule of Fees at all material times. I hereby
agree to indemnify the Bank and keep the Bank and its group
members and service provider(s) indemnified, free from and
harmless against all actual costs, liabilities, losses, expenses, claims
or damages howsoever arising from negligence, wilful misconduct,
collusion or any breach of the Terms and Conditions, the
Addendum and the Schedule of Fees.
I understand that the Bank may offer new products and services to
me from time to time and may issue new terms and conditions for
such products and services in accordance with the relevant laws,
regulations and the Terms and Conditions. I understand and agree
that such new terms and conditions shall form an integral part of
the Addendum and agree to be bound by them if I subscribe for
such products and services.
Abu Dhabi Islamic Bank Public Joint Stock Company is licensed by the Central Bank of the UAE.