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Terms and Conditions

Terms and Conditions Last Updated On: February 24, 2020

1. Introduction

1.1 These Terms and Conditions (referred to hereinafter as “T&C”) govern the use of Alinma Bank Loyalty Program, Points collection, Program Membership and the use of the Program’s Portals.

1.2 By accessing and/or using any page of the Program Portals and the services offered therein, the Member declares that he has read, understood, and accepted the following terms, conditions in full and hereby agrees to comply with and be bound by them. These T&C may be amended or updated from time to time. Therefore, Members are advised to frequently visit these sections in order to be updated about the amendments made. Such amendments shall come into full force and effect after 10 days from of posting them on the Portal .

2. Definitions

For the purpose of these T&C, the following terms shall have the meanings set against each of them:

2.1 The Bank: Alinma Bank;

2.2 Loyalty Program (the “Program”): means the Loyalty Program run by the Bank pursuant to which the Member earns Rewards Points against performing banking transactions, whether through the Bank’s products and services or through other services and shall then redeem the earned Points for Rewards;

2.3 Loyalty Program Points (the “Points”): a Program under which the Bank grants the clients Points against executing some transactions and can be avail of as Rewards or discounts with the Bank or certain other entities, provided that the client shall redeem such Points prior to their expiry date;

2.4 Loyalty Program Network (the “Program Network”): means the business network where the client can earn and redeem Points;

2.5 Loyalty Program Network Partner (the “Network Partner”): means any commercial entities participating in the Program Network and offers Points to Members;

2.6 Member: means the Bank’s client who is a Member in the Program and whose name is registered against a membership number;

2.7 Membership Number: means the membership number allocated to a Member in accordance with these T&C;

2.8 Member Loyalty Account: an account number established for a certain membership number and shall be used by the Member to earn and redeem Points;

2.9 PIN Code: a five-digit number chosen by any Program Member at the time of enrolment and shall be used to access the Program Portals functionalities;

2.10 Alinma Bank Products and Services: means all products and services offered by the Bank to the benefit of the Member;

2.11 Transactions: mean the transactions through which the Member earns Points;

2.12 Reward/Rewards: goods or services supplied by or on behalf of the Bank Loyalty Program, upon redemption by the Member of an appropriate number of Points or, where permitted, Points and cash;

2.13 Suppliers and/or Merchants: third party suppliers through whom Rewards are procured and delivered;

2.14 Program Portals: mean the website and/or mobile app made available to Program Members on the following link mazaya.alinma.com

3. Loyalty Program Members

3.1 Enrollment in the Program is free of charge and is available to the Bank’s individual clients wishing to enroll in the Program.

3.2 The Member shall earn, accumulate and redeem Points through the methods stated herein or in the Program Portals.

3.3 The Bank shall establish a loyalty account to record Points earned or redeemed by the Member. Points can only be redeemed upon account activation by using the PIN code at the Program Partner locations or by entering it online on the Program Portals.

4. Points Collection

4.1 The Member shall earn Points relative to the Transactions made using Alinma products and services. The number of Points the Member may earn is determined according to the Member’s use of such products and services and in accordance with the Bank’s terms governing its products and services. These terms shall be published on the Program Portals.

4.2 In addition to the content of the previous paragraph (4.1), Points received from any Program Partner shall be credited to the Member’s Loyalty Account.

4.3 Points cannot be redeemed until credited to the Member’s Loyalty Account and this may take up to three (3) business days.

4.4 Points can only be earned, held, transferred or redeemed as set out in these T&C. Any other use, award, sale, exchange or transfer of Points, or attempt to do so, shall be deemed a serious breach of these T&C. Any Points not earned and held in accordance with these T&C shall be null and void and cannot be redeemed for Rewards. Any such Points on the Member Loyalty Account shall be deducted and, if they are redeemed, the Bank shall cancel the relevant Rewards. Points have no cash value.

4.5 The Member who continues to collect Points can view his e-statement in the Program Portal, including Points collected and redeemed on the Loyalty Account.

5. Redemption and Rewards

5.1 Stock for all Rewards may be available, though it might be limited. The Member agrees to exempt the Bank from providing accrued Rewards if they are out of stock and relevant transactions and Rewards shall be subject to terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitation of liability) applicable by suppliers and/or Merchants.

5.2 The number of Points required to redeem any Reward can be found on the Program Portal and such number may change without prior notice.

5.3 At the time of requesting the Reward, Member’s current Points balance must at least be equal to the value of total Points requested by the Member.

5.4 Once a Reward has been delivered, it cannot be returned or exchanged for Points or other Rewards.

5.5 If a Reward is faulty, the Supplier’s warranty shall apply and the Member should revert to the Supplier for support and assistance.

5.6 If a product is out of stock, the Bank shall suggest a replacement and it is the Member’s decision to accept or refuse such replacement. Where a replacement is not taken, the Points shall be credited back into the Member’s account after ten (10) business days from the date of notifying the Bank of the rejection.

5.7 Some Rewards may differ slightly from the image shown on the Program Portal.

5.8 Rewards redeemed through the Program Portal shall be delivered directly to the address provided within period stated by supplier.

5.9 Rewards which are not claimed within one year after redemption date shall automatically expire if the Member is not reachable on the address provided on the Program Portal.

6. Other Redemption Terms

6.1 The Bank cannot be held liable for any loss, theft, damage or unauthorized use of the Member’s PIN Code or Reward, whether in the course of delivery or otherwise.

6.2 All conditions and warranties, whether expressed or implied and whether arising under legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any Reward supplied are expressly excluded to the fullest extent permitted by law.

6.3 In addition to the content of paragraph (6.2) above, any liability that cannot be fully excluded shall be limited, where permitted, to replacing, repairing or crediting the value of the Reward at the Bank’s discretion.

6.4 The Member should enter his personal PIN Code when conducting a redemption transaction in the Loyalty Program. Additional security questions might be asked.

6.5 It is the Member’s responsibility to ensure that the PIN Code is not compromised, shared with anyone, or mishandled. Any loss resulting from the unauthorized use of the Member’s PIN code shall be the sole responsibility of the Member.

6.6 The Member shall not be eligible for redemption if the current account is inactive, overdrawn, blocked, or delinquent.

7. General Terms

7.1 Points shall be valid for redemption for one year only and they shall be lost thereafter. Points shall also be lost if the relevant Member’s Account is closed or the Loyalty Program ends.

7.2 If a transaction on which Points are issued or redeemed is cancelled, reversed or not completed, the Bank shall cancel movement of relevant Points and relevant Points cannot be used again. If the account balance is insufficient, or the Bank suspects fraud or misconduct, Rewards may be refused or cancelled.

7.3 The Member shall be liable for the security of his Account. If a PIN code is lost or the holder thinks an unauthorized person has become aware of any security code, password or account number, he should contact the Bank’s Call Center immediately and/or change the PIN code through the Program Portals. The Bank shall not be responsible for any unauthorized use of Points.

7.4 The Bank may close any Loyalty Account on which no Points have been earned or redeemed for a continuous period of 24 months. After notifying the client, the Bank may immediately suspend or terminate the rights of any Member and/or close any other Account of such Member if the member breaches these T&C, or if the Bank reasonably believes that the Member has dealt with Points in a manner not permitted by these T&C, or if there is any theft from or misconduct in connection with the Program, or if the Member provides false or misleading information to the Bank.

7.5 The Member may close his Loyalty Account at any time by serving a notice to the Bank. If the Member Loyalty Account is closed, the Member’s rights to redeem Points from that Account shall be lost.

7.6 The Bank may amend these T&C without prior notice. Earning or redeeming Points on the Member Loyalty Account shall constitute acceptance of the revised T&C. the Bank may suspend or terminate the Program but shall give as much notice as it reasonably can before doing so. If this happens, all Member Accounts shall be suspended or terminated.

7.7 The Bank shall only be liable to the Member who suffers loss as a result of the Bank breach of these T&C and, if so, the Bank sole liability shall be to credit to the relevant Member Account any Points which have mistakenly been deducted or should have been credited but were not. These T&C shall prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.

7.8 The Member can contact the Bank by calling the Call center 8001208000) or international line 966920028000 / 966112039020 The Bank may record calls to check the quality of its services or for training, audit or security purposes.

8. Program Portals Terms of Use

8.1 The Program Portals Terms of Use shall set out the legal conditions related to the Member’s use of and access to the Program Portals. By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply making any use of the Program Portals, the Member acknowledges:

8.1.1 Acceptance of, and agreement to, these T&C and to comply by them;

8.1.2 Having the authority to accept these T&C (either on the Member’s own behalf or by having legal guardian agree to the same on the Member’s behalf);

8.1.3 Reading and understanding Alinma Bank Privacy Policy;

8.2 The purpose of the Program Portals Terms of Use is to set forth the terms and conditions under which, inter alia;

8.2.1 The Bank shall give the Member a license to use certain technologies, software and/or services so that the Member can utilize the Program Portal through his mobile device;

8.2.2 The Member access and/or use of the website does not that the Bank exercises any control over any Program Partner or Supplier, and as such shall not liable for any actions taken or omitted to be taken by any such third party.

8.3 The Bank hereby grants the Member a non-transferable, non-exclusive, revocable, limited license to access and use the Bank‘s Program Portals solely for the purpose outlined before. The Bank may, from time to time, update or modify the Program Portals, release new versions thereof, or create new modules related thereto, each of which may, at the Bank's discretion, be included within the license described above. The Member shall not be permitted to sublicense or transfer any of its rights hereunder including, without limitation, access to the Program Portals.

8.4 The Member shall not directly or indirectly copy or reproduce all or any part of the Program Portals whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. The Member shall use the Program Portals solely for its intended purposes and shall not use the Program Portals for the benefit of any third party except as specifically contemplated under these T&C. the Member shall not use the Program Portals to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, message texts or other information (collectively, "Posted Information"):

8.4.1 in violation of any applicable law, statute, ordinance or regulation;

8.4.2 in a manner that may infringe the intellectual property rights of others;

8.4.3 in defamatory or obscene manner;

8.4.4 in a manner that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or to secretly seize the same;

8.4.5 in a false, misleading or inaccurate manner;

8.4.6 in violation of any acceptable use policy or any other policy posted on the Program Portals from time to time. The Member shall not violate or attempt to violate the security of the Program Portals, reverse engineering, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Program Portals, including, without limitation, any of the software comprising part of the Program Portals. Likewise the Member shall not export, re-export or permit any third party to export or re-export, directly or indirectly, the Program Portals where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. The Member shall defend and indemnify the Bank, at the Member’s sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of the Member’s breach of any of Member’s obligations or representations set forth in this section.

8.5 The Member shall be solely responsible for:

8.5.1 All Posted Information by the Member in the Program Portals;

8.5.2 Ensuring that all Posted Information is accurate and appropriate in tone;

8.5.3 Complying at all times with all applicable laws, rules and regulations;

8.5.4 Maintaining all passwords and access codes of the Program Portals, and refraining from disclosing or otherwise permitting third parties to use any such passwords and/or access codes to access the Program Portals.

8.6 The Bank shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind and for any reason, the Member’s access to the Program Portals or the Loyalty Account. Notwithstanding the foregoing, the Bank shall not be required to review or monitor any Posted Information entered into the Program Portals or otherwise submitted by the Member, and the Member shall be solely responsible for the accuracy and integrity of all such data, content and information.

8.7 Access to the Program Portals shall end if:

8.7.1 The Member and/or the Bank provide written or electronic notice of termination (at which point the Member shall no longer be entitled to access or use the Program Portals);

8.7.2 The Bank elects to terminate the Member’s access to the Program Portals, with or without notice. For purposes of clarity, the Member shall have the right to terminate his Loyalty account at any time. Upon termination of the Loyalty Account for any reason, the Member shall no longer be entitled to access or use the Program Portals or any other non-public portions of the Website. In addition to the foregoing, in the event that the Bank determines, in its sole and absolute discretion, that the Member has breached, or threatened to breach, the T&C, committed any fraud or deception, breached any of the Bank’s policies in effect from time to time, or otherwise failed to perform to the standards required of the Bank, the Bank shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend the Member’s access to the Program Portals at any time and for any period of time. The Bank shall not be responsible for returning any Posted Information of any kind to the Member upon any termination or suspension of the Member’s access to the Program Portals, including without limitation, any Posted Information in the Program Portals by the Member.

8.8 All trademarks, patents, copyrights and other intellectual property rights owned by the Bank and/or the Member on the date hereof shall continue to be owned solely by each of them and, except as set forth herein, nothing in these T&C shall be deemed to confer any rights to any such intellectual property on the other. The Member acknowledges and agrees that the applicable supplier (s) of any third party software included within the Program Portals shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers' license, if any, of such third party software to the Bank.

9. Confidentiality Terms

9.1 The Member agrees to treat as confidential all confidential information of the Bank, not to use such confidential information for any purpose other than the limited extent necessary to use the Program Portals and not to disclose such confidential information to any third party except as may be reasonably required pursuant to these T&C and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, the Member shall use at least the same degree of care that he uses to prevent the disclosure of his own confidential information of like importance in order to prevent the disclosure of confidential information disclosed to him by the Bank.

9.2 For necessity of workflow, service development and quality, the Bank may share some personal information of the Member with other parties in accordance with the controls provided for herein.

10. Warranties, Disclaimers and Limitation of Liability

10.1 Except as explicitly set forth herein, neither the Bank, its affiliates or any such party's equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation:

10.1.1 Warranties of merchantability or fitness for a particular purpose;

10.1.2 That the Program Portals shall be error-free;

10.1.3 Regarding the minimum level of uptime for the Program Portals;

10.1.4 Regarding the results that may be obtained by the Member by accepting these T&C and/or using the Program Portals, the Member agrees and acknowledges that the Program Portals are licensed and/or provided hereunder on an "as is" basis. In addition, the Member hereby agrees and acknowledges that:

(a) The Bank shall not be responsible for any actions taken by any other party by using the Program Portals or reviewing any of the Member’s Posted Information;

(b) The Bank does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such parties;

(c) the Bank is not a party to any transaction between the Member and any Program Partner, Supplier, or business with which the Bank has a business relationship, and as such, any disputes regarding purchases, rewards and/or any other aspect of any transaction or other commercial dealings shall be between the Member and relevant third party;

(d) The Bank shall not be responsible for any other party's compliance with applicable laws, rules or regulations;

(e) The Bank shall not, under any circumstances, be responsible for any content, text, photographs and/or other Posted Information, including any Posted Information that may violate applicable laws and/or a third party's intellectual property rights;

(f) The Program Portals may not function properly or as intended at times.

10.2 The Member shall be responsible, at his sole cost and expense, for providing all equipment necessary to access the Internet and the Program Portals. While it is the Bank objective to make the Program Portals accessible at all times, the Program Portals may be unavailable from time to time for any reason such as routine maintenance. In addition, various portions of the Program Portals may operate slowly from time to time. The Member understands and acknowledges that due to circumstances within and beyond the control of the Bank, access to the Program Portals may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, the Bank shall not be liable in any way for any delay in responding to an inquiry or question forwarded by the Member or the effects any delay or unavailability may have on the Member.

10.3 The Member agrees that the Bank shall not be liable for any damages arising out of any such interruption, suspension or termination of the Program Portals and that the Member shall put in place contingency plans to account for such periodic interruptions or suspensions of the Program Portals.

10.4 The Bank shall not be liable before the Member for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond the reasonable control of the Bank.

11. Assignment

The Member may not, without the prior written consent of the Bank, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material breach of the Agreement and shall be null and void; provided, however, that in the event of a sale of substantially all of the Member’s assets or equity to a third party or any merger with a third party, this Agreement shall be deemed, without any further action on the part of any party, to automatically be assigned to and assumed by the acquirer in such transaction and as such, shall be binding on such acquirer. The Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.

12. No Third Party Beneficiaries

The Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

13. Amendment and Waiver

This Agreement may be amended by the Bank upon posting an updated version thereof at the Bank’s website and/or within the applicable Alinma Loyalty Program and any such amendment shall become effective within ten (10) business days from posting such updated version of the Agreement as described above. The failure of either party to exercise or enforce any of its rights hereunder shall not act as a waiver of subsequent breaches and the waiver of any breach shall not act as a waiver of subsequent breaches.

14. Force Majeure

Neither party shall be liable before the other if such party is prevented from performing any of its obligations hereunder (excluding fee payment obligations) due to any cause beyond the party’s reasonable control including, without limitation, an act of God, fires, floods, explosions, terrorist acts, wars, embargo, government regulations, civil or military authorities, acts or omissions of carriers, transmitters, providers, or acts of vandals, or hackers. The time for that party’s performance shall be extended for the period of the delay or failure to perform due to such circumstances, except that such party shall not be excused from the payment of any sums of money owed to the Bank for works provided prior to the force majeure event.

15. Independent Contractor

The Agreement shall not be construed as creating or constituting a partnership, joint venture, or agency relationship between the parties. Neither party shall have the power to bind the other party or incur obligations on behalf of the other party without obtaining the prior written consent of the other party.

16. Compliance with Laws

Each party shall comply with all applicable laws, regulations, and ordinances pertaining to the party’s performance hereunder.

17. Entire Agreement

The Agreement constitutes the entire agreement between the Bank and the Member with respect to the subject matter hereof. All prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby.