Terms & Conditions for Liv. Prime (“Liv. Prime Terms”)

Terms & Conditions for Liv. Prime (“Liv. Prime Terms”)

The following Liv. Prime Terms and Conditions are applicable to your subscription of Liv. Prime (as defined below). Definitions of capitalized terms used in these Liv. Prime Terms are set out in the Glossary below.

These Liv. Prime Terms are in addition to the Terms and Conditions for Liv. Services and the Liv. Privacy Policy (each available on our website at www.liv.me), and should be read in conjunction with those terms.

If there is any conflict or inconsistency between these Liv. Prime Terms, the Terms and Conditions for Liv. Services, and any guidelines, agreement or other document specified by Liv. relating to Liv. Prime (as defined hereunder), then these Liv. Prime Terms shall prevail to the extent of that conflict or inconsistency.

By signing up to Liv. Prime, you have deemed to have read and understood these Liv. Prime Terms and agree to be bound by them.

1. About Liv. Prime

1.1 Liv. Prime is a paid membership based subscription program available on the Liv. App that offers a range of banking benefits along with a variety of lifestyle services aggregated from various brands.

2. Signing up to Liv. Prime

2.1 You must hold a valid Liv. Account to sign up and subscribe to Liv. Prime.

2.2 You can sign up to Liv. Prime by following the instructions under “Products” page on the Liv. App, subject to paying the Charges corresponding with the membership plan you select (as amended by liv. from time to time).

3. Benefits of Liv. Prime

3.1 All information about the latest benefits available under Liv. Prime are set out in the “Liv. Prime” section under “Products” tab on the Liv. App (as amended by Liv. from time to time in its sole discretion).

3.2 We do not guarantee that the benefits available under Liv. Prime will always be available, uninterrupted or always awarded on time. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of Liv. Prime for business and operational reasons.

3.3 The benefits that may be available under Liv. Prime cannot be converted or combined with any other benefits available under Accounts with Liv.

4. Payments and Fees

4.1 To avail a Liv. Prime membership, you are required to pay the applicable membership Charges, in accordance with the Fee Schedule, based on the membership plan opted by you on the Liv. App.

4.2 Your membership to Liv. Prime is subject to receipt of successful payments of the applicable membership Charges, by us.

5. Membership

5.1 Your Liv. Prime membership is non-transferable and non-refundable once purchased.

5.2 Your Liv. Prime membership will renew automatically upon expiry and you authorise us to (without notice to you) collect the then applicable Charges from your Account.

5.3 If your Liv. Prime membership is about to expire, we will send you a reminder three (3) days before the renewal of your membership plan.

5.4 You reserve the right to cancel your membership plan during the validity of your membership. When you request for a cancellation of your membership plan, your membership will not be auto-renewed and you can continue using Liv. Prime during the validity of your existing membership plan.

5.5 If, during your renewal, you do not have sufficient balance to renew the membership plan, we will remind you to add money to your Account. However, if your Account balance remains insufficient on the renewal day, the membership shall be cancelled automatically.

5.6 You reserve the right to manage to your membership plan under “Manage Subscription” section on the Liv. App. You can (without limitation) invite a friend and/ or upgrade your membership to the then current membership plan.

6. Termination and suspension of Liv. Prime

6.1 We may suspend, withdraw or restrict the availability of all or any part of Liv. Prime in our absolute discretion, including where we consider it to be desirable for business or operational reasons (such as, but not limited to, maintenance work).

6.2 If a cancellation of Liv. Prime by us is permanent, we will provide you a refund on a prorata basis based on the number of full remaining Months in your membership plan.

6.3 We reserve the right to suspend or terminate your membership to Liv. Prime membership if:

(a) you breach any of these Terms or Terms and Conditions for Liv. Services;

(b) if we have reasonable grounds (in our sole discretion) to believe that you are in breach of any of these Terms or Terms and Conditions for Liv. Services;

(c) you have engaged in activities which are unlawful or fraudulent in nature; or

(d) your Account is no longer active for any reason, is delinquent, or is in arrears. We reserve the right to take such action as we deem appropriate, including without limitation:

(i) suspending or terminating your membership plan without liability for any refund, losses or damages arising out of or in connection with such suspension or termination; and

(ii) any other corrective actions or penalties as we may deem necessary or appropriate in our sole discretion.

7. Third Party Materials

7.1 As part of the benefits under Liv. Prime, Liv. may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party websites or services, or third-party advertising (collectively “Third Party Materials”). You acknowledge and agree that Liv. is not responsible for Third party Materials, including their accuracy, completeness, validity, copyright compliance, legality, quality, or any other aspect thereof and does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided as-is and your access and use of them is entirely at your own risk and subject to such third parties’ terms and conditions.

8. Our responsibility for loss or damage suffered by you

8.1 We will not be liable for any personal injury; any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:

(a) any technical difficulties or equipment malfunction (whether or not under our control);

(b) any theft, unauthorized access or third party interference due to any reason beyond our reasonable control;

(c) any variation in the value of the benefits available to you under Liv. Prime; or

(f) use or access to Liv. Prime.

8.2 We (including its' officers, employees and agents) exclude all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with your use or access to Liv. Prime including availing any benefits on the Liv. Prime except for any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

8.3 WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED ABOUT THE AVAILABILITY, QUALITY, ACCURACY OR OTHERWISE OF THE SERVICES SO PROVIDED. LIV. EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

9. Events outside of our control

9.1 We will not be liable for any delay or failure of or disruption to

(a) the content or services accessed or delivered on Liv. Prime; or

(b) the creation or fulfilment of contracts, caused directly or indirectly by an event outside of our reasonable control including (without limitation) strikes, lock-outs or other industrial action by third parties, internet failures, electrical power failures, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, pandemic, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.

10. Contacting us

10.1 If you experience any problems with Liv. Prime or you have any questions; you can contact us through the Chat option on the liv. App.

11. Changes to these Terms and liv. Prime

11.1 We may amend the structure, benefits or all parts of Liv. Prime or these Liv. Prime Terms from time to time. We may provide you with notice of any changes to these Liv. Prime Terms, either by email or when you next log-in to the Liv. App, however, you should check this page from time to time to take note of any changes we make. Changes to these Liv. Prime Terms will be binding on your future use of Liv. Prime and from the date on which they are implemented.

12. Miscellaneous

12.1 We may transfer our rights and obligations under these Liv. Prime Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Liv. Prime Terms.

12.2 The contract incorporating these Liv. Prime Terms is between you and us. No other person shall have any rights to enforce any of these Liv. Prime Terms.

12.3 If any provision of these Liv. Prime Terms is held to be illegal, void, invalid or unenforceable by a court of competent jurisdiction then such provision shall be deemed to have been deleted and the legality, validity and enforceability of the remainder of these Liv. Prime Terms shall not be affected.

12.4 Liv. and you are independent and nothing in these Liv. Prime terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us.

12.5 These Liv. Prime Terms, our Privacy Policy and Terms and Conditions for Liv. Services constitute the entire agreement between you and Liv. with respect to Liv. Prime and supersede all prior or contemporaneous understandings and agreement, whether written or oral, with respect to Liv. Prime.

13. Governing law

13.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation are governed by and are to be interpreted in accordance with the laws of the UAE as applied in the Emirate of Dubai.

13.2 The courts in the Emirate of Dubai shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

Glossary

“Account” means your Liv. Account opened with us.

“Charges” means amounts payable by you for use of Liv. Prime.

“ENBD” means Emirates NBD Bank (PJSC).

“Fee Schedule” means the schedule of Charges applicable to your Liv. Prime membership as set out in the Liv. App.

“Liv. Account” means a bank account opened or to be opened using the Liv. App.

“Liv. App” means an application for a mobile device that can be downloaded by you from a designated location or application store.

“liv.” or “Liv.” means a brand owned by ENBD. All references to Liv. in these Liv. Prime Terms would mean a reference to ENBD for all purposes.

“Liv. Privacy Policy” means the Liv. privacy policy made available at www.liv.me and /or through the Liv. App, which describes the information Liv. gathers on or through the Liv. Account and Liv. App and your use thereof and the steps Liv. takes to protect such information.

“Liv. Prime” as defined in clause 1.1 in these Liv. Prime Terms.

“Month” means calendar month according to the Gregorian calendar.

“Terms and Conditions for Liv. Services” means the terms and conditions that govern the access and use of the Liv. App, the Liv. Account and in general Liv. Services as made available at www.liv.me and in the Liv. App.

“UAE” means United Arab Emirates.

Interpretation

In these Liv. Prime Terms, unless the contrary intention appears:

(i) "You", “you” and "your" mean and include any Account holder. "We", “we”, "our" and "us" refers to Liv. and its successors and assigns or to any affiliate if any services are being provided by an affiliate under these Liv. Prime Terms.

(ii) Singular includes the plural (and vice versa).

(iii) Headings in these Liv. Prime Terms are inserted for convenience of reference only and are to be ignored in construing and interpreting these Liv. Prime Terms.

(iv) Reference to the words "include" or "including" will be construed without limitation.

(iv) Reference to a gender will include references to the female, male and neuter genders.