Bahrain Islamic Bank Retail Internet and Mobile Banking Declerations

Bahrain Islamic Bank Retail Internet and Mobile Banking Declerations

  • I/We understand that from time to time the Bank uses services of third parties (service providers) for processing certain transactions or communicating information / updates / notifications which entails transmitting certain customer’s information. Accordingly, I/We hereby irrevocably and unconditionally provided my/our full consent to the Bank to transmit my/our information to such service providers.
  • I/We confirm that I/We am/are acting on my/our own behalf and not on behalf of any other third party.
  • I/We confirm that the information above is correct. I/we also confirm that I/We have read the bank terms and conditions related to my/our own account, which I/We have read, understood, accept and agree to adhere to them, including any amendments or additions that may be made by the Bank from time to time.
  • I/We understand and acknowledge that the Bank does not provide any tax advise and that I/We are responsible for any information relating to my/our tax reporting.
  • The account shall be used for personal purposes only and not for commercial purpose. In case the account is used for any purpose other than personal purposes, the Bank shall have the right to take necessary actions including account closure. The account is governed by law from time to time in the Kingdom of Bahrain.

Bahrain Islamic Bank Retail Internet and Mobile Banking Terms and Conditions

Introduction

Bahrain Islamic Bank Retail e-Banking service is an Internet based, secure electronic banking service (the “Service”) that allows its customers (the “User”) to perform Financial Transactions and Non-Financial Transactions on the Users’ account(s) with Bahrain Islamic Bank (the “Bank”).

These terms and conditions (the “Agreement”) set out the rights and obligation of the Bank, and the User in connection with the use of the Service.

This Agreement shall be the entire agreement between the Bank and the User in relation to the Service and shall, in the absence of a provision to the contrary herein, supersede all prior arrangement, whether written or oral, with respect thereto.

Definitions

The following words in the Agreement and the Service application form shall unless the context otherwise requires, have the following meanings:

  • “Account” means all the account(s) opened in the User’s name with the Bank, including but not limited to savings accounts and current accounts;
  • “Account Information Services” means online services allowing a User to consolidate information about different payment accounts to review their overall (aggregate) financial position and allowing the User to view Account information such as Account number, Account balance, transaction history or any other data related to the Account.;
  • “Bank” means Bahrain Islamic Bank, P.O. Box 5240, Manama, Kingdom of Bahrain;
  • “Banking Day” means any day on which the Bank is open for business in the Kingdom of Bahrain;
  • “Beneficiary” means the intended recipient of funds  including but not limited to an individual, company, merchant, service provider and financial institution, to whom the funds will be transferred by the Bank upon Online Instructions;
  • “Smart Device” is an electronic device, generally connected to other devices or networks via different wireless protocols and supports operating web browser applications as required by the system;
  • “User” means the Bank’s customer that is successfully enrolled in the Service and who operates the account;
  • “Cut-off Time” means the deadline established by the Bank from time to time by which a particular type of transaction such as future dated bill Payment, funds transfer, outward remittance, etc. can be initiated, scheduled, amended or cancelled by using the Service;
  • “Financial Transaction” is a transaction initiated by a User through use of the Service which results in a movement of funds in the Account/s;
  • “Goals Account” means a Virtual or Real account that allows the User to set up financial objectives with planned contributions towards the achievement of the setup objective;
  • “Identification Facilities” means a Login ID, password, PIN, ePin and fingerprint and any other identification facilities;
  • “Biometric Login” means a method that enables the Customer to use his/her fingerprint that is registered on his/her Smart Device to access the Service;
  • “Internet” means a worldwide communications network consisting of a large number of Computers and networks interconnected to each other;
  • “Login ID” means such identification number/name used for identifying the User when used in conjunction with Password and PIN;
  • “Password”” means a set of secret alpha numeric values which when used by the User in conjunction with the Login ID and PIN will allow the User access to the Service;
  • “One Time Password (OTP)” is a password sent by the Bank to the User’s registered mobile number which will be valid for one time use, with a setup expiry;
  • “Non-Financial Transactions” means a transaction initiated by the User through use of the Service that effects the Accounts and/or other facilities with the Bank that does not result in a movement of funds;
  • “Online Instructions” means Instructions made by the User in the Accounts, whether Financial or Non-Financial, through the Service;
  • “Payment” means a transfer of funds by the Bank on an Account to a Beneficiary pursuant to the User’s Online Instructions;
  • “Payment Instrument” means a instrument used to effect payment on behalf of the User, which may include, but is not limited to, Manager’s Cheques, Bank Drafts and Telegraphic Transfers;
  • “Payment Initiation Services” means services that assist the User to make a Payment out of the Account;
  • “Personal Finance Management” means a tool that allows the User to manage and organize his/her  finances through budgeting, tracking expenses, tagging transactions, setting goals and financial objective and other management services;
  • “Send and Request Money” means a service that offers money transfer among the Users of the Service within the Bank by generating and using a transfer code and without the use of the account number;
  • “Phishing” means a fraudulent email, web-link, sms that appears to come from the Bank in an attempt to collect personal information such as Login Id, Password, PIN, Card Number, Card PIN etc from the recipient;
  • “Service” means an Internet based and secured electronic banking service offered by the Bank to its customers;
  • “Service Fee” means the service charges payable to the Bank by the User in respect of various transactions initiated by the User on the Service;
  • “Software” means a set of instructions commonly known as computer program, written and compiled in a language which is readable and executable by an electronic machine such as a Computer;
  • “Source Account” means the User’s main account which may be saving or current;
  • “Third Party Provider (TPP)” means an independent provider of services which can offer Account Information Services or Payment Initiation Services to the User;
  • “Value Date” means the date on which the funds pertaining to a Financial Transaction is made available to the User/Beneficiary; and
  • "Security Details" means any confidential security details or Biometric Login details provided by the User in relation to their Accoun, the Account Information Services or Payment Initiation Services.

Access

Successful access to the Service is subject to the following:

  • A customer of the Bank will register for the Service Online as the Bank may direct at the time of application.
  • The customer may access the Service through a Smart Device with Internet access, valid e-mail address and Internet browser that supports a 128 bit Secure Socket Layer (SSL) encryption and/or the Service Application.  
  • Identification Facilities made available by the Bank to each User at the time of registration for the Service. This will be applicable for the Customers who exclusively maintain accounts and/or credit cards with the Bank. Access will be allowed post successfully going through the enrollment process and required authentications.
  • The Bank reserves the right to limit the Service to certain types of Accounts.

Requirements

  • Biometric Login: The User acknowledges and agrees that in order to access the Service via Biometric Login, the following steps should be taken:
    • The User will need to activate the fingerprint recognition function on his/her Smart Device and register at least one fingerprint;
    • The User will be required to access the Service and choose to register the fingerprint(s) stored on the Smart Device.  Upon the successful registration process, the fingerprints stored on the Smart Device will be considered as the access security code;
    • The User must ensure that only his/her fingerprints are stored in the Smart Device and understands that any registered fingerprint that is stored on Smart Device can be used to access  the Service and perform transactions; and
    • The User should ensure the security of the security codes as well as the password or code used to register the fingerprints on the Smart Device.
  • Every time the User accesses the Service or performs transactions using his/her fingerprint, he/she acknowledges and confirms that the access and the transaction are genuinely instructed by him/her.
  • The User acknowledges and agrees that the authentication is performed by the   Service application through interfacing with the fingerprint authentication module on the Smart Device. The User understands that the fingerprint authentication module of the Smart Device is not provided by the Bank, and the Bank makes no representation or warranty as to the security, fitness and accuracy of the fingerprint authentication function of any Smart Device.
  • If the User informs the Bank that the security of fingerprints or other security codes have been breached, the Bank may require changing the security code, re-registering fingerprints or disenable the use of the Biometirc Login.
  • The User acknowledges and agrees that the Bank reserves the right to access and use any information regarding the Biometric Login
  • The User acknowledges that it can deactivate the Biometric login service at any time.
  • Transfers and Remittances:
    • Terms and conditions of Transfers, Remittances, Fawri and Fawri+ shall apply when executed using the Service.
    • The User is solely responsible for the accuracy of the information inputted and indemnifies the Bank from any liability or any loss arising from data inputting errors.
    • The User will be liable to compensate the Bank for any loss arising for User errors in the payment order.
    • Cross Currency payment might be processed by the Bank by approximately the next working day, and the User accepts that the currency value that will be considered on the day of the transfer execution by the Bank which may vary from the time of initiating the transfer by the customer.
    • In the event of the Beneficiary bank rejecting the transfer for any reason post the currency transfer, the amount will be refunded to the Customer’s account post deducting any currency exchange fees and charges incurred by the Bank.
  • Send and Request Money:
    • The Customer must insert the amount of money requested to be transferred in the designated field, then a transfer code will be generated with the amount requested.
    • The Sending Party should insert the transfer code in the designated field to execute the transfer.
    • Personal Finance Management (Goal Account):
      Personal Finance Management is a tool that allows the User to manage and organize his/her finances through budgeting, tracking expenses, tagging transactions, setting goals and financial objective and other management services.
    • The User understands that the Personal Finance Management is not financial advice by the Bank, or recommendations towards any financial strategy.
    • Goals Account is a Virtual or Real account that allows the User to set up financial objectives with planned contributions towards the achievement of the setup objective.
  • The User may set up two types of Goal Accounts:
    • Virtual Goals which will provide the User a general plan, tracking and guidance without actual financial transactions; and / or
    • Real Goals which requires opening of a restricted current account for the User to perform actual transfer of funds as per the schedule provided up to the maturity of the Goal. The User acknowledges and agrees that this current account will be strictly used for the Goal Account purposes and no cheque books or Debit cards will be issued for the account.
    • Once the Goal Account is set the User should provide the following:
      • The Goal Title
      • The total amount targeted for saving.
      • The period of saving.
      • Frequency of saving.
      • Goal Start date
      • Initial Funding amount from an account (only for Actual goals)
      • Debit account
    • The transactions allowed will be namely limited to:
      • Transfers from the source account for the purpose of each Goal.
      • Transfer to the source account once the Goals are closed.
      • Transfer to the source account once any Goal reached maturity.
  • The User can setup a maximum of 5 Goals.
  • Goals can be modified, edited and deleted through the Service exclusively.
  • All funds accumulated in the Goal will be transferred to the Source Account upon maturity or upon deleting the Goal. In the event of closing the Source Account before maturity or deletion of the Goal, the Service will request the User to choose an alternative Source Account.

Service Availability

  • The Service will usually be available 24 hours a day, 7 days a week.
  • The Service may be unavailable from time to time for routine maintenance, or for any other reason falling beyond the Bank's control.
  • Processing of some transactions types may not be available 24 hours a day and these instances will be advised to the User at the sole discretion of the Bank.

Terms of Service

  • The Service covers all Accounts that a User holds currently and in the future and relates to (a) Individual Accounts in the User’s sole name and(b) Joint Accounts - but only if these may be operated by a single signing authority.
  • The User may use the service to apply for various products and services which may be offered by the Bank from time to time and confirms full knowledge of and agrees to be bound by their respective Terms and Conditions.
  • This Agreement is in addition to the terms and conditions that apply to the individual Accounts, Finances and Cards that may be accessed or applied for through the Service.
  • The Bank shall consider Online Instructions as made in accordance with the User’s banking mandate.
  • The Bank shall be entitled to act on Online Instructions, which may include instructions through the secure e-mail messages without any further reference to the User and without requiring written authentication/confirmation from the User.
  • The User may terminate the Service either in its entirety or in part at any time by giving notice of termination to the Bank. The notice may be submitted in writing or through the Service using the secure e-mail facility.

At the Bank’s discretion, the following limitations may apply:

  • Requests for issue of Drafts, Managers Cheques, funds transfer by cable, telex or SWIFT received prior to the scheduled Cut-Off time on a Banking Day will be issued on the same day.
  • The User shall be responsible for all liabilities incurred arising from instructions given by him.
  • When the User uses the Service to initiate a future dated Financial Transaction, the available balance in the designated debit Account must be sufficient to cover the scheduled transaction on its due date. Where balance is not available on the due date the transaction will not be processed. The Bank is under no obligation to notify the User if a transaction cannot be processed due to insufficient funds in the Account.
  • Any Online Instruction to perform a future dated transaction will remain valid and effective notwithstanding the User’s death or bankruptcy or any other revocation of this authority, until the Bank receives the notice of the User’s death, bankruptcy or other revocation.
  • If the User uses the Service to stop the Payment of a cheque, the Bank shall accept the User request subject to the User’s confirmation that the cheque has been lost or stolen. In consideration of accepting these Online Instructions, the User agrees:
  • To indemnify the Bank against any loss resulting from non-payment of the described item.
  • That should the said item be paid through inadvertence or oversight, or through inaccurate description of the item, the Bank will in no way be held responsible, provided that the Bank has in good faith followed the Online Instructions.
  • To notify the Bank promptly in writing if the said item is recovered or known to be destroyed or if for any other reason the stop payment order is cancelled.
  • That where the cheque is crossed and payable to a known Beneficiary, provide the Bank within 3 Banking Days a copy of the Beneficiary’s letter confirming that the cheque in question is not in his possession.
  • All requests for Account sensitive information (such as personal identification, Account or other financial information) may be requested through secured e-mail system available from the Service.

General Terms

The User agrees, accepts and acknowledges:

  • That first use of the Service by the User constitutes the User's acceptance and agreement to be bound by the terms of this Agreement for which separate written acceptance from the User is not required.
  • That the Bank’s record of the Account(s) shall be conclusive evidence and legally binding for all purposes.
  • That the Bank may respond, at its sole discretion to any and all enquiries received from any other Agents (including, without limitation, other banks), concerning any and all Accounts of the User with the Bank, without reference to the User. The User further authorizes the Bank to disclose any information regarding the Accounts to other entities in or its Agents.
  • That any printouts, statements, files or data in any other form pertaining to the User’s Accounts that may be downloaded or copied via use of the Service shall not be used in any dealings with third parties in whatsoever manner, other than in connection with TPPs where the User has provided their consent to the TPP to access such information and the Bank is indemnified against all loss or damage which may occur as a result of any violation to the above.
  • That the Bank or its Agents shall not be responsible for any liability, including but not limited to loss cost (direct or indirect) or damages (direct or consequential) or immediate refund, which may arise from their failure to properly identify the Beneficiary or for non-payment of any Payment Instrument because of loss, theft, misplacement, mistake, omission or mutilation.
  • That the Bank may recover any amount due to it under this Agreement by debiting the Account(s) with the Bank whether these Accounts are associated or not with the Service.
  • That the Bank reserves the right to charge a Service Fee at such rates as may be applicable from time to time by debit(s) to the Account. The Bank also reserves the right to revise its Service Fee rate(s) at any time without notice.
  • That the User is responsible for ensuring that the data they provide for the purpose of customer identification, verification, authentication and authorization is accurate and safeguarded against the risk of being leaked, stolen or copied.
  • That the User is responsible for the installation, maintenance, operation of the Smart Device and browser Software and ensuring that the  Smart Device is compatible to the Internet.
  • That the User is also responsible for all errors, failures, and/or non-performance of or improper operation of the Smart Device or software.

The Bank

  • Reserves the right to decline an application, online registration, to discontinue the provision of the Service in its entirety or to discontinue a part of the Service without assigning any reason.
  • May appoint agents to carry out any duties in connection with providing the Service and may delegate to such agents the authority to perform any activity/function, which the Bank offers.
  • Shall accept no responsibility should any of its agents fail to meet the Value Date due to time constraints, time difference between regions or regional holidays.
  • Shall have no responsibility for failure or non-performance of the Service beyond the control of the Bank or its agents.
  • Shall not accept any claims from the User for compensation of interest, loss of interest or value dating for any transaction carried out through the Service.
  • Shall have the right to reject or cancel any transaction in the event of that transaction being incomplete, inconsistent, incorrect or in breach of any statutory or regulatory legislation.
  • Will use your available signature from the latest account opened with Bahrain Islamic Bank, as a signature for any new account opened through this digital channel.

Third Party Providers

  • If the User chooses to use a TPP in respect of Account Information Services or Payment Initiation Services then these terms and conditions will continue to apply.
  • The Bank will give the TPP access to the information in respect of the Account and the User will be able to make the same payments through the TPP that they would be able to make through the Service.
  • Following the User's consent to the provision of its data the TPP shall have access to the User's Account information for a period of three months.
  • The Account information will include details about who the User makes payments to (i.e. Beneficiaries) and who they receive payments from. Such Account information may contain some sensitive personal information (e.g. subscriptions or memberships) paid directly from the Account.
  • The Bank is not responsible for any such use of the Account information by a TPP nor is the Bank responsible for the privacy, security or availability of data the User shares with a TPP. This shall be governed by the contractual relationship between the User and the TPP.
  • A User may give Security Details to a TPP where it is necessary for the services of the TPP.
  • The Bank may refuse access to a TPP in respect of an Account if the Bank is concerned that the TPP is unauthorised or acting fraudulently or if the Bank becomes aware that the TPP is no longer authorised or regulated by an appropriate authority. The Bank will advise the User of such refusal (unless to do so would be unlawful or would compromise the Bank's security measures).
  • The Bank reserves its right to terminate connectivity with TPPs in accordance with the Central Bank of Bahrain (CBB) approval.
  • A User must check the information given by a TPP to see that they’re authorised. If a User gives their Security Details to an unauthorised third party, the Bank will assume it is the User authorising the Bank to give access to information about the Account and the User will be responsible for any payments made as a result. If the Bank is aware that an unauthorised third party is using a User's Security Details, the Bank will block access to the Account. If there is any suspicion on the part of a User that a payment made through a TPP was unauthorised or incorrect then the User must contact the Bank as soon as possible.
  • A User may revoke the access of a TPP to their Account by following the procedures of the TPP, via the Service or by a branch of the Bank. Where the User informs the Bank that the User wishes to withdraw consent to a TPP to access the Account, then the Bank will comply with such request to revoke access but will not act as a revocation of consent to a payment that has been debited from the Account or to information that has already been provided to a TPP in response to a confirmation of funds request or for Account Information Services.
  • TPPs are authorised by the CBB and complaints in relation to the TPP can be addressed to the CBB.
  • For the avoidance of doubt security of the Smart Device remains the responsibility of the User and the Bank accepts no liability for the security of the Smart Device.

Security

  • The Bank is the exclusive owner of the Identification Facilities used by the User hereunder.
  • The User shall be the ultimate trustees of such identification facilities and shall keep the same safe and harmless and, accordingly follow such instructions as may be given to the User by the Bank from time to time.
  • The User shall exercise due care in using and preserving the privacy and confidentiality of the Identification Facilities and keep the Bank safe and harmless and indemnify the Bank against any claims for loss or damage (whether direct or consequential) which the User may have or which otherwise may arise as a result of and during the course of the User’s holding in trust, User or their permitted assigns, successors in title, employees or any third parties to which the knowledge of such identification facilities shall become available by any means and due to any reason whatsoever.
  • For Joint Accounts, each of the parties to the Account that have separate Identification Facilities, each of the Joint Account holders will be responsible and liable for all requests/transactions that are made on the Account by himself and/or other Joint Accountholders.
  • In the absence of due notification of the Bank by the User of unauthorized usage of the Identification Facilities and of the request by the User to disable the same, the Bank shall consider any transactions requested by way of using such facilities as authorized by the User and shall process the same at the User’s sole cost and risk.
  • The User shall exercise care while entering the credentials such as Login ID, Password and ePIN and shall always access the Service from the Bank’s website www.eBisB.com or the Service application.
  • The Bank's privacy statement can be viewed in English at https://www.bisb.com/en/security-and-privacy and in Arabic at https://www.bisb.com/ar/security-and-privacy.

Exclusion of Liability

The Bank will in no way be liable to a User for any loss / damage caused / suffered in the following cases:

  • Upon termination of the Service or part of the Service without giving prior notice to a User.
  • Any misuse of the Service by any User where the misuse is as a result of non-adherence to reasonable security procedures or terms and conditions of the Service or any specific security procedures advised to the User by the Bank from time to time.
  • Where the User fails to notify the Bank of any change in their e-mail address, mailing address or contact numbers.
  • Any errors or failures from any malfunction of the User’s Computer, Software, the Internet and Internet Service Provider, or any electronic virus or viruses that may infect Computer/Software that is used by the User.
  • Any industrial dispute or other matter outside the Bank’s control or the control of the Bank’s agents and sub-contractors;
  • Any erroneous Payment to any Beneficiary arising from any inputting error the User may make;
  • Any delay beyond the Bank’s control in making Payment to any Beneficiary;
  • Any failure by the User to check any notice and/or communication which the Bank may have sent via Secure e-mail;
  • Any loss of data, Software, Computer or other equipment caused by the use of the Service;
  • Any loss arising out of any erroneous Payments or any delay in the transmission of funds through the Service to any Beneficiary which may result from the termination or disruption of the Service;
  • For the accuracy of any Financial or Non-Financial Transaction undertaken by the User;
  • Any failure by the Bank to make a Payment to a Beneficiary or to carry out the User’s instructions if the Account was attached by a court order or blocked/frozen for whatever reason;
  • Any other loss that a User may suffer by using the Service; and
  • Any loss arising after responding to Phishing emails.

Warranties and Liabilities

  • The Bank does not make any warranties or representations of any kind, express, implied or statutory, regarding the Service, including any representation or warranty of quality, performance or fitness for a particular purpose. The Bank does not represent or warrant that the Service provided therein will be complete, timely, uninterrupted or error-free, nor does it make any representation or warranty as to the results to be obtained from use of the Service. The Customer agrees that it shall use the Service at its own risk.
  • The Bank shall not be liable for any losses whatsoever and of any kind suffered by the User or any other person caused by or otherwise in relation to the Service or the Service application.

Force Majeure

  • No failure or omission by the Bank to carry out its obligations or observe any of the stipulations or conditions of the Agreement shall give rise to any claims against the Bank or be deemed a breach of this Agreement, if such failure or omission arises from a cause of force majeure, such as acts of God, war or warlike hostilities, shortage of material or labor, or any other event outside the reasonable control of the Bank.

Termination or Modifications

  • The Bank has the sole discretionary right to amend or terminate the terms of this Agreement at any time by giving sufficient notice by any means the Bank finds convenient.
  • Once a change (whether written or online) in the terms of this Agreement has been notified to the User, the Bank will treat subsequent use of the Service by the User as the User’s acceptance of the change.

Partial invalidity

If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Kingdom of Bahrain and any dispute arising out of this shall be subject to the jurisdiction of courts in Bahrain to the extent not contradicting with the principles and rules of the Islamic Sharia’a as interpreted by the Bank’s Sharia’a Board where the latter shall supersede in the event of contradiction.