UAECB IPP App Terms and Conditions

TERMS AND CONDITIONS GOVERNING THE UAE INSTANT PAYMENT PLATFORM SERVICES OF THE CENTRAL BANK OF UAE

These terms and conditions (“Terms”) apply to and regulate the registration and usage of UAE Instant Payment Platform, introduced by Central Bank of UAE (“UAECB”) known as ‘Aani’ (“Platform”) and the Services offered on the Platform, which is made available by the Emirates NBD Bank PJSC (“Bank”) to its Customers.

The Customers accessing the Platform and availing of the Services shall be subject to these Terms (including any amendments thereto) and other terms and conditions, guidelines, circulars and/or regulations issued by the UAECB as may be amended from time to time, in relation to the access and usage of the Platform (“Guidelines”).

The Customer hereby acknowledges, understands and accepts that these Terms are in addition to the terms and conditions/contracts which the Customer has agreed to or has executed with the Bank separately in relation to any other product or service offered by the Bank, Terms and Conditions for Digital Banking Services available at https://www.emiratesnbd.com/en/terms-conditions/whatsapp-terms-and-conditions/ (Digital Banking T&Cs) and to the Bank’s General Terms and Conditions (GTC) available at https://beta.emiratesnbd.com/-/media/enbd/files/others/terms-and-conditions/generaltermsandconditions.pdf. In relation to the Customer’s usage of the Services on the Platform, these Terms shall be read together with the Digital T&Cs and the GTC. In case of any inconsistency between these Terms and the Digital Banking T&Cs/GTC, the provisions of these Terms shall prevail to the extent the same directly relates to the Platform and its Services.

A. Definitions:

The following words and phrases shall have the meanings set out herein below in this document unless repugnant to the context:

1. “Account” shall mean a legitimate and active bank account maintained by the Customer with the Bank which the Customer provides at the time of registration process on the Platform, for availing the Services;
2. “AED” shall be UAE Dirham
3. “Customers” shall mean the individual and corporate customers of the Bank who hold an Account with the Bank, in compliance with all applicable CBUAE notices, circulars, guidelines, etc., as the case may be from time to time;
4. "Mobile Phone Number" shall mean the mobile number of the Customer which is registered with the Bank for the Account;
5. “Participant” shall mean any bank or such other entity, which is authorized by UAECB to provide access to the Platform to its Customers from time to time, as per the Guidelines of UAECB from time to time;
6. “Services” shall mean the services made available on the Platform to the Customers, including, but not limited to, 24X7 instant, interbank electronic fund transfer or fund collection service between the banks participating in this UAE Instant Payment Platform facility offered by UAECB and such other services as may be introduced by UAECB on the Platform from time to time.

B. Eligibility

This facility shall be available to the Customers who hold an Account with the Bank and hold an active UAE Mobile Phone Number registered with the Bank in relation to the Account, in compliance with all applicable rules. Services cannot be availed of by a Customer if the Account is closed, invalid or frozen or attached by court order or similar regulatory order. The Customer’s access/usage of the Platform shall be subject to successful completion of the verification of the Customer’s Account by the Bank as per the applicable laws, rules, and regulations, including those stipulated by UAECB from time to time. Customers who are interested in accessing the Platform and availing of the Services would be required to register for the same on any of the digital platforms (mobile application or internet banking platform) of the Bank by providing their consent to these Terms. The Customers shall also be required to download and install the ‘Aani’ application on their Mobile Phone and complete a one-time Account activation process as per the steps stipulated by UAECB on the Platform. The Customer should have his/her Mobile Phone Number and Email ID registered with the Bank for the Account and the same Mobile Phone Number and Email ID shall be registered on the Platform for availing of the Services.

Terms of Use:

1. Customers can enroll on the Platform using an active UAE Mobile Phone Number, which is registered with the Bank for the Account and:
   

   a. In case of individual customers, the Customer’s valid Emirates ID or Passport and any other details mandated by CBUAE from time to time;

   b. In case of non-individual customers, the Customer’s valid trade license number and any other details mandated by CBUAE from time to time

2. The Customer acknowledges and accepts that any other condition that is a pre-requisite to access and avail of the Services, including, but not limited to a Mobile Phone, internet connection, etc., will be the sole responsibility of the Customer.
3. The Customer can link more than one bank account on the Platform through a one-time registration process defined and standardized by UAECB and then start transacting through that account. In case the Customer has more than one bank accounts linked on the Platform, the first enrolled account will be the initial default account of the Customer for all transactions executed on the Platform. The Customer may change the default account any time through the Platform.
4. The Customer agrees that, the Customer is not entitled to consolidate funds available in his different Accounts maintained with the Bank or with other Participant banks for making payments using Platform. Therefore, at one given point of time the Customer is entitled to execute payment transactions using the funds available in one particular bank account which the Customer has chosen for making the transaction using the said Platform.
5. The Platform enables the Customer to send or receive funds between accounts with Participants, on a real time basis, using registered Mobile Phone Numbers or Email IDs of the Customer. Information relating to the status of such transactions executed using the Platform shall also be intimated to the Client through messages and/or email communications.
6. After successful registration/enrolment of the Account on the Platform, the Customer has to only authorize each transaction to be executed on the Platform by authentication using biomentric authentication (such as Face ID or finger print) or PIN / passcode as the case may be.
7. The Customer unconditionally and irrevocably authorizes the Bank to debit or credit the Account(s) with the Bank registered for availing of the Services in connection with processing the transactions placed by the Customer on the Platform.
8. The Customer agrees and confirms that, once the transaction is materialized, any stop-payment instructions may not be accepted and acted upon by the Bank
9. Only transactions with the domestic AED currency are allowed to be processed through the Platform, subject to such limits as may be stipulated by the UAE CB or the Bank from time to time. Transactions with foreign currencies are not allowed to be processed through the Platform and will be rejected.
10. The Customer should act in good faith, exercise reasonable care and diligence and shall be solely responsible for the confidentiality of his Account details, debit card details, OTP and any other personal information or login credentials used on the Platform (“Credentials”). The Customer acknowledges, represents and confirms that the Credentials are personal to the him and the Customer shall ensure at all times to keep the same confidential and the Bank shall not be held liable or responsible if the Customer discloses the Credentials to any third party in any manner whatsoever or authorizes any third party to operate Account through the Platform or if third party changes/modifies the Credentials in the Platform due to disclosure of such Credentials by the Customer or misuses the Platform in any manner. The Bank shall not be held liable or responsible in case of any details including the Credentials of the Customer for accessing the Platform are compromised by the Customer and/or any misuse of the Credentials by any third party. The Customer shall be solely liable and responsible, in case the said Credentials are compromised by the Customer knowingly or unknowingly, in any manner whatsoever.
11. The Customers shall take all reasonably practical measures to ensure that any electronic equipment from which the Customer access the Platform is free of and adequately protected against any computer virus or other malicious software. The Bank shall not be held liable or responsible for any loss or damage suffered by the Customer as a result of any computer viruses, Trojan horses, worms, software bombs, malware or similar processes arising from the Customer use of the Platform on affected electronic equipment.
12. The Customer shall be responsible for any and all the fund transferred to beneficiaries or received by the Customer using the Platform.
13. The Customer may register an existing Account with the Bank for enrolling on the Platform and availing of the Services.
14. The Bank may, subject to the Guidelines of UAECB, charge the Customer for all or any of the Services available on the Platform. Imposition of any such fees/charges or revisions thereto, shall be notified to the Customer in compliance with applicable laws/regulations.
15. The Customer shall not use/access the Platform and/or Services offered through the Platform in any manner other than as authorized by the Bank/UAECB. In case the Customer uses the Platform for any purpose, which is illegal, improper or which is not authorised under these terms /other specified terms & conditions then the Bank has a right to take all reasonable measures in order to prevent such unauthorised access by the Customer.
16. UAECB or the Bank shall be entitled to amend the terms of access or usage of the Platform, including, but not limited to, the eligibility criteria, the mode of authentication, the Services offered, etc., from time to time, subject to such notice to the Customer as may be stipulated by applicable laws/regulations.
17. Any fund transfer transactions executed through the Platform shall be subject to the following limits:
    

    a. A transactions of value more than AED 50,000 shall not be facilitated on the Platform.

18. Prior to initiating a payment transaction using the Platform, the Customer shall ensure that there are sufficient funds in the Customer’s Account for completing the transfer. In case of insufficient funds in the Account, the Bank shall reject/block the transaction and the Bank shall not be held liable for any loss/damage sustained by the Customer owing to such rejection / blocking of the transaction by the Bank. In case the Bank blocks/rejects a transaction initiated by the Customer, the same shall be intimated to the Customer in the manner stipulated by applicable laws/regulations.
19. For payment transaction on the Platform, the Customer shall ensure that the accurate details of the Beneficiary is provided.
20. A payment transaction initiated by the Customer on the Platform shall not be processed if the beneficiary is not registered/enrolled on the Platform or if the beneficiary’s account registered on the Platform is suspended/terminated or otherwise, inactive.
21. The Bank may review your transactions on the Platform for identifying high risk transactions and reserves the right to not process a transaction if the Bank believes it to be suspicious, fraudulent or unusual and report the transaction and the Customer’s account details to legal enforcement agencies or other regulatory authorities, including UAECB as per applicable laws/regulations.
22. The Customer’s access to the Platform or usage of the Services may be impacted owing to reasons not within the control of the Bank, including on account of any planned/unplanned downtime or other errors in transmission, technical defect, etc.

Use of Data

1. The Customer shall ensure that any information or data provided to the Bank in relation to the Account and/or for access to the Platform or usage of Services on the Platform are accurate.
2. The Customer acknowledges that to comply with its legal and regulatory obligations under applicable laws/regulations and to perform obligations in relation to the Account, to facilitate Customer’s enrolment on the Platform and usage of Services available on the Platform, and on a continuing basis, the Bank will engage with entities related to the Bank, such as its affiliates, branches, representative offices and/or subsidiaries (“Group Entities”), third parties, governmental or regulatory authorities, including CBUAE, each of which may be located within or outside of the UAE (collectively “Third Parties”). By agreeing to these Terms for accessing the Platform, the Customer explicitly consents to the collection, storage, use and transfer (in electronic or other form) of the Customer’s personal/ confidential data, including the Customer’s personal and account related information, by the Bank with such Third Parties. The Customer further acknowledges that the Customer’s personal /confidential data may be accessed under legal proceedings within or outside the UAE in some circumstances.
3. If the Customer has any questions regarding the processing of the Customer’s personal data the Customer should read the Data Privacy Notice of the Bank available at https://www.emiratesnbd.com/en/data-privacy-notice/?ref=footer
4. In addition, the Customer acknowledges and agrees that the Bank or its Group Entities may aggregate the Customer’s information with other data collected and/or calculated by the Group Entities, and the Group Entities will own all such aggregated data, provided that the Group Entities shall not distribute the aggregated data in a format that identifies the information with the Customer specifically.

Confidentiality:

1. The Customer undertakes not to disclose any password, authentication code and/or other Credentials relating to the Accounts and/or the Platform to any other person.
2. The Customer undertakes not to share the Mobile Phone device, which are used to access the Platform with any third party and agrees to use passwords to protect against the unauthorized use of such device.

Disclaimer:

The Customers acknowledge that the Platform is owned and offered by UAECB and not by the Bank and is provided by the Bank “as is”. The Customers further acknowledge and agree that usage of Services available on the Platform shall be at Customer’s sole discretion and risk, and the Bank makes no warranty or representation, either express or implied about the availability, quality, accuracy, security or otherwise of the Services so provided or that the Platform is free of virus and can be accessed in an interrupted manner.

The Customers acknowledge and accept the risk that communications, instructions, claims and documents sent to or from the Bank through an electronic channel may be intercepted, monitored, amended, corrupted, contain viruses or be otherwise interfered with by third parties and acknowledge and agree that the Bank is not responsible or liable to the Customer or any third party for, and the Customer waive any and all claims in respect of, any losses arising from the same.

Intellectual Property:

The Customer acknowledges that all intellectual property rights over the Platform is owned by UAECB

Nothing in these Terms shall be construed as the Bank or UAECAB giving to the Customers or to any third parties any license or right to use the trademarks, logos, service marks and/or other intellectual property rights in relation to the Platform.

Liability and Indemnity:

1. The Customers acknowledges that the Bank shall not be liable for any delay or failure to provide all or part of the Services on the Platform, where such delay or failure is attributable, either wholly or partly, to reasons beyond the Bank's control, including planned/unplanned downtime or other errors in transmission, technical defect, malfunction or breakdown.
2. The Customer hereby, irrevocably, unconditionally and without limitation, accepts all authorized debits from the Account arising from the use of the Platform, including on account of any payment transaction initiated on the Platform, and waives any right of objection in relation thereto.
3. The Bank's record of any transaction processed using the Platform shall be conclusive evidence of such transaction and binding on the Customer for all purposes.
4. The Bank shall not be responsible for any erroneous transactions, including payments to any party arising out of any inaccurate information provided by the Customer on the Platform as part of execution of the transaction. The Customer further confirms and agrees to waive any right which the Customer may otherwise have for holding the Bank or CBUAE responsible for any mistake or omission caused by the use of the Platform and any delay by the Bank in processing any transaction due to reasons beyond its control.
5. The Customer agree/s, at its own expense, to indemnify, defend and hold harmless the Bank, its directors and employees, representatives, agents, and its affiliates against any claim, suit, action or other proceeding brought against the Bank, its affiliates, directors and employees, representatives or agents by a third party, to the extent that such claim, suit, action of other proceeding is based on or arises in connection with the use of the Platform by the Customer with reference to:
   

   a. Any acts of negligence, omissions, mistakes, wilful misconduct, or fraud by the Customer

   b. a breach of the Terms or the guidelines of UAECB by the Customer;

   c. any deletions, additions, insertions or alterations to, or any unauthorized use of, the Platform by the Customer;

   d. Fraud, error, inadequate financial capacity to fulfill obligations and/or provide remedies

   e. Loss or damage suffered by the Bank on account of any penalty, fines, punitive damages etc., levied by UAECB on account of any act of omission of the Customer in relation to the usage of the Platform

   f. Any infringement of intellectual property rights associated with the Platform by the Customer

   g. Any third party claim against the Bank on account of the Customer’s usage or the Platform and its Services;

   h. Customer’s disclosure of Credentials to any third party/person or any misuse thereof in any manner whatsoever including the misuse of Platform by any third party.

6. In consideration of the Bank agreeing to facilitate access to the Platform and usage of the Services, to the Customer, the Customer hereby irrevocably agrees to indemnify and keep the Bank, its directors and employees, representatives, agents and/or affiliates (hereinafter referred to as “the related parties”), as the case may be, indemnified and harmless, at all times hereafter, from all losses, damages, costs, legal fees (including reasonable attorneys’ fee), charges and expenses and consequences whatsoever, suffered or incurred by the Bank or the related parties on account of any claims, actions, suits or otherwise instituted by the Customer, or any third party whatsoever, arising out of or in connection with the use of the Platform and any Services by the Customer, including, but not limited to:
   

   (a) breach of these Terms by the Customer;

   (b) misuse of the Platform by the Customer or by any third party accessing the Platform through the Customer’s Credentials or Mobile Phone or

   (c) breach of any intellectual property rights in relation to the Platform by the Customer or by any third party accessing the Platform through the Customer’s Mobile Phone or Credentials. The Customer further agrees and confirms that this indemnity shall remain valid and subsisting and binding upon the Customer notwithstanding termination/withdrawal/suspension of the Platform or Services in part or in full.

Termination of Services:

1. Termination by the Bank:

   A Customer’s access to the Platform may be terminated / suspended / withdrawn either partly or in full by the Bank on account of any of the following, subject to such notice as may be stipulated by applicable laws/regulations:

   a. A Customer’s User ID becomes inactive if the Platform is not accessed or used by the Customer for a continuous period of 6 months.

   b. The Bank may de-link the Customer’s User ID from the Platform in case of a report of loss of the Customer’s registered Mobile Phone Number.

   c. Customer’s access to the Platform to execute transactions in the Account shall be terminated:

   i. If the Customer’s Account with the Bank is closed, becomes invalid or frozen or is attached by court order or similar regulatory order;

   ii. if the Account ceases to meet the eligibility requirements as may be stipulated by UAECB from time to time;

   iii. if, in the opinion of the Bank, the Customer breaches any of these Terms or the Guidelines;

   iv. if, in the opinion of the Bank, the Customer has committed any fraud;

   v. if, in the opinion of the Bank, the Customer misuses the Platform or Services available on the Platform;

   vi. any infringement of intellectual property rights pertaining to the use of the Platform/Services by the Customer;

   vii. if the Bank becomes aware about the death, insolvency, bankruptcy or lack of legal capacity of the Customer;

   viii. if the Bank ceases to be a Participant for any reason whatsoever or if the Bank’s rights to offer the Services to its Customers are terminated, suspended or withdrawn by UAECB;

   ix. upon deactivation, termination, suspension or withdrawal of the Customer’s access by UAECB, for any reason whatsoever;

2. Termination by Customer:
   

   a. Customer shall have the option to block or unenroll an Account from the Platform or unenroll/deregister from the Platform completely at the sole discretion and risk of the Customer, and the Customer shall solely be liable for any loss/damages or other consequences arising therefrom.

3. Termination (including suspension, withdrawal, unenrollment or opt out as the case may be) of the access to/use of the Platform or Services shall not affect any transaction initiated by or for a Customer prior to such termination, and the Bank shall be entitled to process/execute the same.

Amendment:

These Terms or the Guidelines may be amended from time to time by the Bank or by UAECB respectively, subject to such notice as stipulated by applicable laws/regulations, and the amended Terms shall be binding on the Customer in relation to the usage of the Platform.

Dispute Management System:

Any dispute arising out of the usage of the Platform or Services by the Customer shall be raised by the Customer with the Bank, which shall be resolved through the Dispute Management System formulated by UAECB from time to time.