Online Banking Service Terms & Conditions

Last Update: December 2012

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING WATANI ONLINE (“WOL”) AND ANY PAGES THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW, AS THEY MAY BE MODIFIED BY WOL FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS WOL OR ANY PAGES THEREOF.

To help the WOL customer (the “Customer” or “you”) sign up to the service quickly and begin banking online, we provide you in these Terms and Conditions with some of the key points of the WOL Service Agreement. You can view the complete terms and conditions at any time within WOL after you have successfully signed and logged into the service.

You are fully responsible for adhering to the security requirements outlined in these Online Banking Terms and Conditions and ensuring that these are maintained throughout the operation of the service.

You are totally and solely responsible at all times for the supervision, management, control and confidentiality of your Personal Identification Numbers, Account activation, passwords and any other access codes that you currently have or may be given in the future.  You will assume the entire risk for any fraudulent or unauthorized use of your Account, password or any other access codes.  You understand that the failure to protect your Account, password and access codes may allow an unauthorized person or entity to access your personal and banking information.

National Bank of Kuwait S.A.K. (hereafter “NBK” or”the Bank”) will exercise all reasonable efforts to ensure that information pertaining to you is not made available to third parties. You agree in advance that information required to effect instructions or to adhere to a court order, or the directives of a regulatory agency or lawful body of any jurisdiction may be made available to third parties.

You are solely responsible for the accuracy and correctness of all of your instructions processed through this service.

You confirm your authorization to the Bank to process all your transactions without further reference to you for each transaction or without any further written confirmation from you. Moreover, you, by agreeing to these Terms and Conditions, and by clicking the “I agree” icon hereby declare your liability for and undertaking to bear the consequences of processing the instructions and transactions you made  via WOL, including to indemnify NBK for all expenses and damages the Bank may be exposed to as a result of a third party claim.

The Bank reserves its right without incurring any liability whatsoever to refuse to process of any Customer’s transactions. The Bank will make all reasonable efforts to advise the Customer of such instances but is not obligated to do so.

Once the Customer releases his instructions in accordance with the Online Banking Service Terms and Conditions, the Bank will be under no obligation to accept any amendment or cancellation of these instructions. However, the Bank will make every reasonable effort to comply with amendment or cancellation requests without any liability to itself.

WOL may contain links to websites controlled or offered by third parties. National Bank of Kuwait hereby disclaims liability for any information, materials, products or services posted or offered at any third party sites linked to WOL. By creating a link to a third party web site, WOL does not endorse or recommend any products or services offered or information contained at that web site, nor is WOL liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of WOL and the third party web site may provide less security that the WOL site.

The information and material contained in WOL, including text, graphics, links or other items are provided “AS IS” and “AS AVAILABLE”. WOL does not warrant the accuracy, adequacy or completeness of this information and materials, and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

In no event will WOL be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with WOL or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if WOL, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

The Online Banking e-mail function is intended for answering Customers’ questions and providing them with information regarding the Bank’s services. It should not be used to initiate transactions. The Bank is not responsible for the timeliness of responding to customer queries sent through the WOL e-mail function.

Recommended Browsers and Minimal Requirements for the use of WOL:

Recommended Browsers

 

PC Windows 95, 98, NT, 2000, ME, XP

MAC OS 9 and OS 10

 

Recommended Browser

Minimum Browser

Recommended Browser

Minimum Browser

Microsoft Internet Explorer

5.0 and higher

4.01

5.0 and higher

5.0 and higher

Cookie Support

Required

Required

Required

Required

JavaScript Support

Required

Required

Required

Required

 

TERMINATION OF AGREEMENT: The Bank shall have the right at any time to terminate the WOL service with immediate effect if the Customer breaches any of these Terms and Conditions.

All accounts opened currently or in the future in the name of the Customer with the Bank shall be considered as collateral securities. The Customer agrees and authorizes the Bank to debit any of his accounts in settlement of any indebtedness generated on any of his other accounts.

These terms and conditions shall be governed by the laws of the state of Kuwait and any dispute relating to them, shall be subject to the jurisdiction of the Kuwaiti courts.

 

Watani Online Electronic Disclosure and Service Agreement

 

1. General Description of Watani Online and Transfers outside the National Bank of Kuwait

A. What This Agreement Covers

This Agreement between you and The National Bank of Kuwait S.A.K (“NBK” or the “Bank”) governs the use of NBK’s online banking services, to permit NBK customers (whether individual consumers, sole proprietors, or other business entities, any one of whom shall hereafter be referred to as the “Customer”) to perform a number of banking functions on accounts linked to the Watani Online (“WOL”) service through the use of a personal computer.

B. Accepting the Agreement

When you use any of the WOL services described in this Agreement, including to transfer monies outside NBK or to authorize others to use WOL, you agree to and accept all of the terms and conditions set out in this Agreement.

 

2. Online Banking Services

A. Online Banking for Consumers

To sign up to Watani Online you must have:

To use Watani Online, you must have:

 

You may use Watani Online to:

§ Transfer funds between your personal accounts at NBK

§ Transfer funds from your NBK account to another person’s or entity’s account at NBK

§ Transfer funds from your NBK account to another person or entity inside or outside Kuwait

§ Complete a transfer limit increase form

§ Establish personal local standing order.

§ Request Account Activation by calling Hala Watani 1801801.

§ Pay bills to the Ministry of Communications, Mobile Telecommunications Company, National Mobile Telecommunications Company (Wataniya), selected schools, CFC.

§ Complete online applications for: international brokerage services, NBK capital online trading application and Visa Internet shopping card

§ View your account and credit card statements and current balance information

§ Review transactions related to NBK accounts and credit cards

§ Secure an online cash advance from your NBK credit card(s) to your primary account

§ Perform self-service account maintenance such as re-order a cheque book, download information from your accounts onto an excel sheet, report your lost or stolen ATM card, change your email address, and change your password

§ Send us secure email messages and questions regarding your banking activity

 

3. Account Activation is to gain full access in order to conduct transfers and payments online. A customer needs to call Hala Watani at 1801801 through the telebanking service to request account activation   .

 

4. Description of Online Banking Services

A. Transfers

  Processing of Transfer Requests

§ Transfers can be made on a one-time or on a recurring basis (Standing Order). One-time transfers are used for transfers which occur on an infrequent or irregular basis, or which vary in amount. One-time transfers can be scheduled for immediate implementation or can be future-dated. You may use the recurring transfer feature when you transfer a set amount at regular intervals.

§ Transfers can be made from your NBK account to another individual’s or entity’s account at NBK, to another individual or entity with a valid account at any local bank in Kuwait , or to another individual or entity with a valid bank account outside Kuwait .

§ The completion of a transfer is subject to the availability of sufficient funds in the transferring account at the time of final processing. The maximum monthly transfer limit ranges between KD 2000 and KD 20,000.

§ Transfers to another NBK account and local transfers are immediately reflected on your account statements and are free of charge. 

§ Transfers entered before the cut-off time of 10:00 A.M local Kuwait time on a bank business day are processed on that bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next bank business day.

International transfers are immediately reflected on your account statements and a KD 5 will be charged to the transferor’s account if the transferor” accepts the charges”.    Alternatively, US$15-25 will be deducted from the amount being transferred if the transferor specifies that the “beneficiary will accept the charges”.

 

§ In addition to these charges, the receiving bank may deduct or apply its own wire charges which are not an NBK charge.

§ Transfers in foreign currency other than KD require mentioning the “Purpose of payment”.

§ Transfers you submit from a credit card are immediately reflected in your available credit for that account.

§ In the event the Customer requests a cash transfer to be made between banks inside Kuwait, the Customer declares his full knowledge that such transfer is based only on the principle of the verifications of the account number of the beneficiary, and the customer accordingly, releases each of the Bank and the bank of the beneficiary from any liability towards either of them for verifying the name of the beneficiary in order to complete this transfer.

 B. Beneficiary Creation

§ To conduct an international or local transfer you must first create a beneficiary. 

§   A new beneficiary can be added online on WOL.

§ To create a new beneficiary you will be asked to provide random digits from the ID you submitted to NBK for use on WOL.

§ You will be given 3 chances to provide us with the correct ID digits.

§ Failure to do so will cause you to lose your transfer privileges, and you will need to request Account Activation and visit your branch to update your ID number on the WOL system.

§ Customers can create up to 50 beneficiaries.

 

C. Limitations and Dollar Amounts for Transfers and Payments (this paragraph does not apply to Transfers outside NBK)

Immediate one-time Transfers and Payments between your linked NBK accounts can be for any amount between KD1 and KD999, 999.99 unless otherwise noted for a payoff on an account (installment loan) or other payment restrictions.

For transfers from your credit card account(s), a minimum transfer amount of KD50 will be applied, and a 5% charge will be deducted automatically when transferring from your credit card account to your bank account (but a transfer or payment cannot exceed the available credit in a credit card account or line of credit).

 

One-Time Future Dated and Recurring transfers can be for any amount between KD1 and KD99, 999.99

Bill Payments can be for any amount between KD1 and KD99, 999.99.

For payments to Mobile Telecommunications Company or National Mobile Telecommunications Company (Wataniya), the minimum payment must equal or exceed KD20.

NBK can reduce all transfer limits if it deems necessary in order to protect the security of your accounts and/or the transfer system.

You authorize NBK to withdraw, debit or charge the necessary funds from your designated NBK account on the date on which you schedule the payment to begin processing or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your account(s) at the time of the withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may refuse to complete the transaction. Whether we complete the transaction or not, we reserve the right to impose non-sufficient funds (NSF), over-limit or similar fees, and no further attempt will be made by NBK to issue the payment or process the transfer request. If your payment exceeds any of the limits stated above, it will not be processed. The Bank is under no obligation to notify you if it does not complete a payment or transfer because there are non-sufficient funds or credit in your account to process the transaction or the amount exceeds the transaction limit. In all cases, you are responsible for making alternate payment arrangements or rescheduling the payment or transfer through the service.

D. Canceling Transfers

You can cancel your transfer after it has been entered on WOL.  In order to cancel transfers you must call Hala Watani 1801801 or send us an email via the WOL secure email function accessible through the ”contact us” icon on WOL and provide us with the WOL confirmation number, the beneficiary details, and the amount that was sent.  If the funds have not yet been transferred we will stop the transfer and credit your account.  If the funds have left NBK we may be able to stop the transfer (and will charge you any additional costs we incur in so doing), but we cannot guarantee such stoppage.

E. Our Liability for Failure to Cancel or Stop a Transfer or Payment

If you attempt to cancel a transfer or payment in accordance with the above instructions and we do not do so, we will not be liable for any losses or damages you may incur.

F. Other Charges

You should note that, depending on how you access WOL, you might incur charges as follows:

§ Normal account fees and service charges

§ Internet service provider fees

§ International transfer fees

§ Additionally, fees may be assessed for added self-service features available through WOL such as stop transfer requests and account statement copy orders.

 

5. Service Hours

WOL is available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you log into WOL. Our Call Center is available 24 hours a day 7 days a week, including bank holidays, and it can be reached on 1801801.

6. Business Days

NBK bank business days are Sundays through Thursdays, excluding bank, National and other holidays.

7. Joint Accounts

When your WOL or Pay by Phone services is linked to one or more joint accounts, we may act on instructions submitted in writing with a duly-authorized signature or sent to us by email from the secure email system accessible through the “contact us” icon on Watani Online.

Joint accounts using the same ID will be identified as one service.

8. Changes to Agreement

We may modify any of the terms of this Agreement at any time. For example, we may add, delete or amend terms or services. By maintaining your WOL service after the effective date of a modification(s), you indicate your agreement to and acceptance of the modification(s).

 

9. Cancellation

Your WOL service remains in effect until it is terminated by you or NBK.

10. Contact by NBK or Affiliated Parties

No NBK employee will contact you via e-mail or phone requesting your WOL password, ATM Card or PIN number or any other personal or banking information. If you are contacted by anyone requesting this information please contact NBK immediately.

  11. Reporting Unauthorized Transactions

Call us at 1801801. Our call center is available 24 hours a day 7 days a week including bank and other local and national holidays.  

12. Disclosure of Account Information

We will disclose information to third parties about your account or your transactions:

§ When it is necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment.

§ To comply with a government agency or court order

§ If you give us your permission

§ On a closed account, if we reasonably believe you have misused it.

  13. Account Statements

We report your Online Banking transactions on your monthly statements. Each statement includes a description of each transaction, including to whom you paid or transferred monies, and the date and amount of the transaction.

14. Limitation of Bank's Liability

Inform NBK at once if you believe your WOL password has been compromised or if someone has transferred or may transfer money from your account without your permission. The unauthorized use of your WOL service could cause you to lose all the money in your account(s). The best way to minimize your loss is to call us immediately. We must, however, receive written notice confirming any oral communication with us.

NBK shall not be liable to you for an unauthorized payment or transfer made using your password that occurs before you have notified us in writing of possible unauthorized use and we have had a reasonable opportunity to act on that notice. (A written notice is a letter with your authorized signature sent to your branch or an email sent through our secure mail system accessible through the “contact us” icon on Watani Online).

We may cancel your ATM card or suspend your access to WOL even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner.

When you give someone your WOL password or ATM Card or ATM Card number and PIN, you are authorizing that person to use our service, and you are responsible for all transactions that the authorized person performs while using our service. All transactions performed by authorized persons, even those transactions you did not intend or want performed, are authorized transactions. After you notify us that the person is no longer authorized and we have reasonable time to act on your notice, additional transactions made by that person will not be authorized transactions. Transactions that you or someone acting in conjunction with you initiates with fraudulent intent are also authorized transactions.

For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality.

  15. Our Liability for Failure to Complete Transactions

NBK shall not be liable for uncompleted transactions or incorrect amounts transferred to and from your account:

§ If you do not have enough available funds in your account to cover the transaction or transfer.

§ If WOL, in spite of our reasonable efforts, was not working properly.

§ If any circumstances beyond our control prevented the transaction or transfer, despite reasonable precautions we have taken.

  If in cases other than those described above we fail or delay making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount in your instructions, we shall not be liable for any damages or losses you or the transferee may incur. If we make a payment or transfer in an erroneous amount that exceeds the amount in your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a written notice from you of possible unauthorized use as described above, our liability will be limited to a refund of the amount erroneously paid or transferred.

  16. Additional Provisions Applicable Only to Business Accounts

For the avoidance of doubt, the forgoing terms and conditions, in addition to those in this Article 16, shall be applicable to business accounts. In the event of any conflict between the terms of this Article 16 and any other terms of the Agreement, the provisions of Article 16 shall prevail.

 

A. Protecting Your Password

You agree to: 1) keep your password secure and strictly confidential, providing it only to authorized signatories on your account(s); 2) instruct each person to whom you give your password that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and we will issue you a new ATM Card if you believe your password may have become known to an unauthorized person.

NBK shall not be liable to you for an unauthorized payment or transfer made using your password that occurs before you have notified us in writing of possible unauthorized use and we have had a reasonable opportunity to act on that notice.

We may cancel your ATM card or suspend your access to WOL even without receiving such notice from you if we suspect your password is being used in an unauthorized or fraudulent manner.

B. Acknowledgement of Commercially Reasonable Security Procedures

By using WOL, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, including instructions we reasonably believed were given by an authorized party, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).

C. Limitation of Bank's Liability

NBK shall not be liable for uncompleted transactions or incorrect amounts transferred to and from your account:

 

If in cases other than those described above we fail or delay making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount in your instructions, we shall not be liable for any damages or losses you or the transferee may incur.  If we make a payment or transfer in an erroneous amount that exceeds the amount in your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a written notice from you of possible unauthorized use as described above, our liability will be limited to a refund of the amount erroneously paid or transferred.

 

Under no circumstance will NBK be liable for any expenses, damages, losses, lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising in connection with WOL or out of any use of or inability to use WOL (including any linked site) or any portion thereof, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if NBK, or representatives thereof, are advised of the possibility of such damages, losses or expenses and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise.

 

 

 

Terms & Conditions for NBK Mobile Banking

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING MOBILE BANKING (“mBanking”) AND ANY PAGES THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS BELOW, AS THEY MAY BE MODIFIED BY mBanking FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS mBanking OR ANY PAGES THEREOF.

 To help the mBanking customer (the “Customer” or “You” or Business Banking customer) sign up to the service and begin banking on mobile devices, we provide you these Terms and Conditions  for mBanking Service Agreement. You can view these Terms and Conditions at any time within NBK Mobile Banking after you have successfully signed and logged into the service.

 

  1. Definitions:

In these Terms and Conditions, the following terms shall have the following meanings:

    1. Accounts: The Customer's deposit, loan and other accounts at the Bank from time to time and other banking products the Customer may have at the Bank.
    2. Bank: The National Bank of Kuwait S.A.K.
    3. Customer: is a person who holds an Account(s) with the Bank, accepts these Terms and Conditions, and uses a Mobile Device to access mBanking.
    4. Customer Instructions  or Instructions: Any communication, request or instruction (financial & non-financial) from the Customer that is received by the Bank through mBanking Service in accordance with this Agreement                              
    5. WOL: Watani Online Banking is a channel that allows Customers to conduct financial and non financial transactions through the Internet on a secure website operated by the Bank.
    6. Hala Watani: A banking channel (telephone banking) where customers call 1801801 Hala Watani Telebanking Service and inquire about their banking transactions.
    7. mBanking Service or mBanking: A banking channel (Mobile Banking) through which customers can check balances, undertake account transactions, make payments, and conduct other banking transactions through a mobile device that supports the mBanking Service.
    8. Payments: The payments that the Customer desires to make by using the Mobile Banking Service which facilitates the debiting of the Customer’s Account(s)
    9. Mobile(s) or Mobile Device: The mobile telecommunications device(s) owned and under the control of the Customer and through which the Mobile Banking Service is accessed and utilized by the Customer.
    10. Terms & Conditions: These Mobile Banking Terms and Conditions including the ones communicated by the Bank from time to time to the Customers.
    11. Website: The website with a domain name www.nbk.com owned and controlled by the Bank.
    12. Remembrance Facility: means an option provided by the Bank to the Customers where the Customer may permit the Bank to remember certain details, which details would be automatically reproduced the next time the Customer desires to login to mBanking.

 

Reference to the Bank includes the Bank and all of its respective partners, members, agents, directors, officers, employees, information providers, service providers, suppliers, sub-contractors, licensors, licensees and all other related, associated or connected persons.

 

The Customer may use mBanking  for lawful banking purposes only and only in accordance with the Terms and Condition. The Customer may not use mBanking for any purpose inconsistent with generally accepted community standards of conduct or propriety, including in connection with products, services or businesses that are engaged in or associated with illegal activities as defined by Kuwait Law.

 

  1. Amendment:

The Customer hereby agrees to abide by, without the need for notice by the Bank and without the need for the Customer’s express consent, any and all future modifications, innovations, amendments or alterations to these Terms and Conditions made by the Bank from time to time as the Bank deems necessary and appropriate.

 

  1. Liability & Indemnity:

The Customer shall indemnify and hold the Bank free and harmless from and against all liabilities, losses, litigation, claims, obligations, judgments, causes of action, costs, charges, penalties, damages, expenses and fees (including reasonable attorneys' fees and costs) arising from any negligence, fraud, collusion or violation of these Terms and Conditions on the part of the Customer and/or any third party using the Customer’s Mobile Device. In addition, the Bank shall not be liable for any expense, claim, loss or damage arising out of or in connection with these Terms and Conditions including but not limited to those arising from any force majeure event such as war, rebellion, typhoon, earthquake, or any event of electrical, computer or mechanical failure.

The Bank shall in no event be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Customer’s use of the mBanking Service or the Customer’s inability to use mBanking, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure of mBanking, even if the Bank, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Notwithstanding any other provision of these Terms and Conditions, the Bank will not under any circumstances be liable to the Customer or any other person for any consequential, indirect, or incidental loss or damage of any nature or kind whatsoever, including without limitation loss of use, loss of production, loss of data, loss of income or profits (anticipated or otherwise), loss of market, or economic loss, or any special, exemplary or punitive damages of any nature or kind whatsoever, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the access to and use of mBanking by the Customer or any other person, and regardless of any breach of contract, negligence or other fault or wrongdoing by the Bank or any other person for whom the Bank may be responsible, and notwithstanding that the Bank may have been advised of the possibility of such loss or damage being incurred by you or any other person.

Notwithstanding any other provision of this Agreement and without limiting the generality of the foregoing, the Bank will not be responsible or liable to the Customer or any other person for any loss or damage suffered by the Customer or any other person arising from, connected with, or relating to:

i.              the Bank acting upon or giving effect to any Customer Instructions (regardless of whether it is authentic, authorized, unauthorized, or fraudulent);

ii.             the Bank's failure or refusal to act upon or give effect to any Customer Instruction;

iii.            any failure or delay by the Bank in receiving, accessing, processing, accepting, acting upon or giving effect to any Customer Instruction;

iv.            any errors, omissions, or irregularities in information received through mBanking;

v.             defects or malfunctions in the mBanking Service;

vi.            the use by the Customer of any Internet browser or operating system that is either prohibited or not supported by mBanking or the unlawful unlocking or manipulation of any Mobile Device;

vii.           the operational failure, malfunction, interruption, change, amendment or withdrawal of the mBanking Service.

Notwithstanding any other provision of these Terms and Conditions, and without limiting the generality of the foregoing, the Bank is not responsible or liable for any loss or damage suffered by the Customer or any other person arising from, connected with, or relating to any wrongful act or omission by any financial institution in connection with these Terms and Conditions.

 

Notwithstanding any other provision of these Terms and Conditions and without limiting the foregoing, the Bank is not responsible or liable for:

 

i.              any equipment, Mobile Device, Mobile Software or associated documentation that any other person other than the Bank produces or supplies at any time for use in connection with the mBanking Service;

ii.             any service through which the Customer accesses mBanking that are not controlled by the Bank.

 

The Customer will indemnify and hold the Bank harmless from and against any and all losses, damages, claims, demands, actions, proceedings, liabilities, expenses and costs (including without limitation reasonable legal fees and expenses) of any nature and kind whatsoever which the Bank or any other person may suffer or incur arising out of, related to, or connected with:

 

i.              the Customer's use of mBanking;

ii.             the Bank acting on any Customer Instruction in accordance with these Terms and Conditions;

iii.            the Customer's breach of these Terms and Conditions;

iv.            the Customer’s failure to comply with these Terms and Conditions;

v.             any wrongful act or omission by the Customer;

vi.            the Bank's acting upon or giving effect to, or the Bank's failure or refusal to act upon or give effect to, any Customer Instruction (regardless of whether or not the Customer Instruction is authentic, authorized, unauthorized or fraudulent).

 

The Customer will assist and cooperate with the Bank as fully as reasonably required by the Bank in the defense of any third party claim, demand, action or proceeding.

 

Advice and Information provided by or on behalf of the Bank, whether written or oral, will not create any representation, warranty or condition or vary or amend these Terms and Conditions and the Customer may not rely upon any such advice or information.

 

  1. Availability:
    1. The Customer has requested to avail himself/herself of the mBanking Service, which the Bank at its sole discretion may discontinue at any time without any prior notice. The mBanking Service will be available only to Customers who are residents of Kuwaiti with account(s) maintained with the Bank.
    2. The Customer assumes full responsibility for the security and confidentiality of his/her Mobile Device used to connect to the mBanking Service.
    3. The Bank reserves the right to add or remove any of its existing services, products or features to or from the mBanking Service
    4. The Bank reserves the right to make any additions or deletions to the services offered through the mBanking Service at any time and at the sole discretion of the Bank.

 

 

 

  1. Fees:
    1. The mBanking Service is currently being made available by the Bank to Customers as a free-of-charge service. However, the Bank may at any time, in its sole discretion, charge a fee for use of any or all elements of the mBanking Service, after providing notice to the Customer through any medium of the Bank’s choosing.. In the event the  Customer does not consent to said fees, the mBanking Service shall be discontinued without any further notice to the Customer.
    2. Upon the Customer’s consent, the Customer shall pay the Bank all relevant fees and charges for the use of the mBanking Service. In this connection, the Bank is hereby authorized by the Customer to debit any of the Customer’s account(s) with the Bank to pay such mBanking fees and charges.

 

  1. Disclosure:

The Customer accepts that all information/instructions relevant to the mBanking Service will be transmitted to and/or stored at various Bank locations and be accessed by personnel of the Bank and/or its subsidiaries. The Customer hereby authorizes the Bank to provide any information or details relating to the Customer or his accounts to the mobile service provider or any other service providers so far as is necessary to give effect to the Customer’s instructions.

 

 

  1. Authority:

The Customer hereby confirms, declares, and acknowledges that the Mobile telecommunication phone number(s) provided to the Bank in relation to the mBanking Service and in the control of the Customer and that, unless otherwise expressly provided to NBK in writing or through internet WOL or Hala Watani Telebanking Service, any communication from and to said phone(s) is and shall be with the knowledge of and within the control of the Customer. The Customer hereby confirms and undertakes to inform the Bank immediately upon any change in the Mobile telecommunications phone number(s), loss of the Mobile Device(s), the Mobile Device(s) being outside the control of the Customer and/or any other change that may affects the provision of the mBanking Service to the Customer. The Customer shall, in all circumstances, accept full responsibility for any and all instructions sent to the Bank from the relevant Mobile Device(s) and hereby authorizes the Bank to act on any  instructions and process any and all transactions, make payments for utilities/services, debit the Customer’s NBK account and do any and all such things and take all such actions as may be necessary to carry out the instructions, including but not limited to, obtaining all requisite information and using such Remembrance Facility(ies)  as may be necessary, unless the Customer has informed the Bank, prior to the receipt of any such instructions, of any change with regard to the phone(s) and/or phone number(s) and such change has been confirmed  to the Customer in writing as having been taken on record by the Bank.

 

  1. Process:
    1. The Customer is duly bound to acquaint himself with the detailed process for using the mBanking Service and the Bank is not responsible for any errors/omissions by the Customer.
    2. The process of registration to the mBanking Service shall require the Customer to be registered on WOL. The Customer must enroll in mBanking through WOL.  Activation of mBanking will be undertaken by the Customer and is not the Bank’s responsibility.  
    3. The Bank is not bound to acknowledge receipt of any instructions from the Customer nor shall the Bank be held responsible to verify any instructions. The Bank shall endeavor to implement the Customer’s instructions wherever operationally possible for the Bank.
    4. The Customer acknowledges that the mBanking Service is dependent on the telecommunication infrastructure connectivity and services within Kuwait. The Customer accepts that timeliness is dependent on the service and connectivity of the Customer’s telecommunication service provider.
    5. The Bank shall endeavor to provide the Service on a reasonable effort basis and the Customer agrees that he or she shall not hold the Bank, its officers, employees, affiliates, directors, shareholders, employees, representatives, agents, attorneys, successors, and assigns responsible/liable for non-availability of the Service or for any loss or damage the Customer suffers as a result of use of, or the non availability of, the mBanking Service. The Bank shall not be held liable in any way to the Customer in connection with the mBanking Service being affected in any manner due to the level of services being provided by relevant mobile service providers in Kuwait or any other jurisdiction.
    6. The Customer must keep all relevant SIM cards and Mobile Devices in secure and safe custody at all times. The Customer shall be solely responsible for the consequences of the Customer’s failing to adhere to the above and/or in case of any unauthorized use of his/her Mobile or SIM card.
    7. By agreeing to these Terms and Conditions of mBanking, the Customer accepts the option to use any enhanced options offered by the Bank in relation thereto, as and when they are made available by the Bank; which may include but not be limited to the transfer of funds, bill payments and exchanging funds from one currency to another. Upon the Bank offering such enhanced options, the Customer shall be advised of the fees, if any, to be charged therefor.

 

  1. Termination & Addition:
    1. The Customer may request termination of the mBanking Service at any time by logging in to WOL or calling the Hala Watani telebanking service.  
    2.  Notwithstanding any other provision of these Terms and Conditions, the Bank may in its absolute discretion, change, suspend, restrict or terminate the mBanking Service immediately and without any notice or liability to the Customer or any other person.

 

    1.  

Notwithstanding any other provision of these Terms and Conditions, the Bank may in its absolute discretion, immediately terminate these Terms and Conditions, or restrict, suspend, or terminate the Customer's ability to access and use all or any part of the mBanking Service at any time and without any notice or liability to the Customer or any other person.

    1. If these Terms and Conditions are terminated, they will nevertheless continue to apply and be binding upon the Customer with respect to the Customer's prior use of the mBanking Service and anything arising out of, related to, or connected with the Customer's prior use of the mBanking Service.
    2. Copyright and any other intellectual property right in the pages, screens, information and all materials and their arrangement included in mBanking (together the "Material") are owned by the Bank unless otherwise noted.
    3. The Customer may not alter, reverse engineer or otherwise make any changes to any Material that the Customer prints, copies, downloads or stores, including without limitation removing any identifying marks or legends from such Material.
    4. Any other use of the Material is prohibited unless the Customer first requests and obtains the Bank's express written consent.
    5. Any rights not expressly granted by these Terms and Conditions are reserved to the Bank.
    6. The NBK name and logo are trademarks of National Bank of Kuwait S.A.K and all rights in and to those marks vest in National Bank of Kuwait S.A.K. The Customer may not use or reproduce the NBK trademark or the NBK name.
    7. Closure of the Customer’s account(s) will automatically terminate the mBanking Services
    8. The Bank reserves the right to introduce additional service(s)  with or without giving any notice to the Customer. The Bank reserves the right to send messages to mBanking registered mobile phones regarding its products, services or any related matter, without the express prior consent of the Customer.
  1. Accuracy of Information:
    1. The Customer undertakes to provide accurate information and disclosures whenever required and shall be responsible for the correctness of the information provided by him/her to the Bank at all times including for the purpose of availing of the mBanking Service. The Bank shall not be liable for any consequences arising out of erroneous information supplied by the Customer. The Customer shall indemnify and hold the Bank harmless against any loss, damage or cost suffered/incurred by the Bank as a result of erroneous information supplied by the Customer. If the Customer  suspects that there is an error in the information supplied by the Bank to them, they shall so advise the Bank as soon as possible. The Bank, without any liability of any kind, will endeavor to correct the error wherever possible.  
    2. While The Bank will take all reasonable steps to ensure the accuracy of information supplied to the Customer, the Bank shall not be liable for any inadvertent error which results from the provision of  inaccurate information. The Customer shall not hold the Bank liable for any loss or damage that may be incurred by the Customer if the information supplied to the Customer turns out to be inaccurate or incorrect.
    3. If the Customer has reason to believe that the Mobile Devices telephone number (provided by the Customer) is/has been allotted to another person and/or there has been an unauthorized transaction in the Customer’s account(s) and/or the Mobile Device number or Mobile Device is lost, the Customer is obligated to immediately so inform the Bank in writing.
  2. No Warranty:

Without prejudice to anything contained in these Terms and Conditions, the Bank makes no express or implied warranty with respect to the mBanking Service including, without limitation, any warranties of non-infringement of third party rights, title, marketability, quality, or fitness for a particular purpose.

 

  1. Confidentiality and Disclaimer:

The Bank shall be entitled to transfer any information relating to the Customer and/or any other information given by the Customer for utilization of the payment via the mBanking Service to and between the subsidiaries, representative offices, affiliates, representatives, auditors and agents of the Bank, and or intermediaries and third parties selected by the Bank, wherever situated, for confidential use  in connection with the mBanking Service. Notwithstanding anything contained above, the Bank shall furthermore be entitled at any time to disclose any and all information concerning the Customer that is within the knowledge and possession of the Bank:

                                          i.    to any party in connection with the mBanking Service provided by the Bank and/or  its intermediaries to the Customer, including information related to the cause for termination of the mBanking Service.

                                         ii.    to any other bank/association/financial institution or any other body in respect of any negative information concerning the Customer.

                                        iii.    This clause will survive the termination of these Terms and Conditions. The Customer hereby waives any right of priority, privilege or privacy he/she may be entitled to in relation to the mBanking Service.

 

  1. Applicability of Terms and Conditions:

 These Terms and Conditions are in addition to and supplement any written agreement that you have with the Bank (now or that you may enter into in the future) or any and all other mandates given by you at any time concerning your dealings with the Bank generally and your Account, including without limitation any Account Opening Application. Except as expressly provided in these Terms and Conditions, all of the Customer’s Accounts remain subject to all other written agreements and mandates otherwise applicable to them now or in the future. If there is any inconsistency or conflict between the provisions of these Terms and Conditions and the provisions of any other written agreement that the Customer has with the Bank (now or in the future) or any mandates given by the Customer at any time concerning his or her dealings with the Bank generally and his or her Accounts, the provisions of these Terms and Conditions will govern regarding the Customer’s use of the mBanking Service. For all other matters, the written agreements and mandates concerning the Customer’s Accounts generally (such as the Account Opening Application) will prevail.

 

The Customer acknowledges and reaffirms the terms of his/her Account Opening Application and the Terms and Conditions Governing Accounts with the Bank, whereby the Bank is not responsible for the suspension of the operation of any Account and, without prejudice to any rights contained therein, the Customer will indemnify the Bank for any losses, costs or damages caused by any user of the Customer’s Mobile Device who violates any mandates governing the Customer’s Accounts.

 

The Customer agrees that it is solely responsible for advising the Bank immediately, in writing, of all changes to any other information stated in the mBanking Application Form. The Customer agrees to be responsible for all unauthorized or invalid Customer instructions acted upon by the Bank through the mBanking Service.

 

The Customer requests and authorizes the Bank to accept, rely and act upon all apparently valid Customer Instructions received by the Bank in accordance with this Agreement as instructions properly authorized by the Customer, even if they conflict with the terms of any other mandates given by the Customer at any time concerning the Customer’s Account(s) or dealings with the Bank generally, without the Bank having to inquire about the authenticity of any Customer Instruction or the identity or authority of the person giving the Instructions.

 

The Customer is solely responsible and liable for ensuring the truth, accuracy and completeness of all Customer Instructions and other information provided to the Bank in connection with the mBanking Service and for ensuring that the Customer Instructions will achieve their intended purpose. The Bank will rely upon the Customer Instructions and other information provided to the Bank regarding mBanking.

 

The Bank may, in its sole and absolute discretion, require that certain Customer Instructions be communicated or confirmed by signed paper documents delivered as specified by the Bank or by telephone or other method of communication.

 

The Bank is not liable for any loss, damage, delay or costs where the content of the Customer Instruction or other information is false, inaccurate, unauthorized or incomplete. The Customer will be solely responsible and liable for any and all loss, damage, delay and costs that the Customer, the Bank, or any other person may incur as a result of any false, inaccurate or incomplete Customer Instruction or other information provided to the Bank.

 

The Bank may in its sole and absolute discretion and without any notice to the Customer or liability to the Bank, refuse to act on or delay acting on a Customer Instruction for any reason, including but not limited to the following:

 

i.              The Customer Instruction is not in accordance with these Terms and Conditions or any other agreement between the Bank and the Customer.

ii.             The Bank knows or suspects that the Customer Instruction may not be authorized by the Customer or involves funds subject to a hold, block, freeze, dispute, restriction or legal process the Bank believes prevents their withdrawal.

iii.            The Customer Instruction violates or is likely to violate any Bank policies, procedures or practices, any applicable law or regulation, or any applicable risk control program, rule, standard, or guideline of any governmental authority or internal Bank policy.

iv.            The effect of the Customer Instruction would exceed a limit imposed by the Bank upon the Customer or WOLC.

v.             The Bank knows of or suspects a breach of security in respect of or in connection with the operation of one or more of the Customer’s accounts, or mBanking Service generally.

vi.            The Bank was unable to process the Customer Instruction for any reason whatsoever.

vii.           There was an operational failure or malfunction in connection with the transmission of the Customer Instruction or mBanking generally.

viii.          These Terms and Conditions were terminated by the Bank in accordance with this Agreement or any other Agreement entered by the Customer with the Bank.

 

The Bank shall not be responsible or liable to the Customer or any other person if the Bank does not immediately process or implement Customer Instructions or immediately execute transactions. Some Instructions and transactions or portions thereof may take time to process, implement and execute, and certain Instructions and transactions or portions thereof may only be processed, implemented or executed during normal banking hours even though mBanking may be accessible outside such hours.

 

The Customer agrees to comply with any and all instructions and recommendations issued by the Bank regarding mBanking, including without limitation the security recommendations contained in any mBanking documentation and on WOL. The Customer is solely responsible and liable for setting-up, maintaining, and regularly reviewing the Customer's internal security arrangement concerning access to, and use of mBanking, and information stored on the Customer's Mobile and communication systems and or devices.

 

If the Customer knows of or suspects any unauthorized access of mBanking, or any unauthorized or fraudulent transaction or Customer Instruction, the Customer will immediately notify the Bank in writing and change all passwords.

 

The Customer will comply immediately with all reasonable requests of the Bank to assist in recovering any losses or identifying actual or potential breaches of security or other wrongful conduct. The Bank may disclose information about the Customer or the Customer's account(s) or the use of mBanking by the Customer to any government institution or regulatory authority that has asserted its lawful authority to obtain information or to other persons where the Bank believes the information could be useful in the investigation of unlawful activity or may help prevent or recover losses or potential breaches of security or other wrongful acts.

 

The Bank may, in its absolute discretion, change, discontinue, supplement or amend all or any part of the mBanking Service from time to time without any prior notice or liability to the Customer or any other person whatsoever.

 

The Bank may, in its absolute discretion, supplement or amend these Terms and Conditions from time to time.

 

  1. Records:
    1. All records of the Bank relating to the Account and/or arising out of the use of mBanking, including the recorded time of any transaction implemented by  the Customer, shall be conclusive proof of the genuineness and accuracy of the mBanking transactions in the Customer’s Account(s). The authority to record any transaction details is hereby expressly granted by the Customer to the Bank.
    2. The Customer understands and confirms that the Bank may, at its sole discretion, record any and all information/instructions relayed from the relevant Mobile Device(s) to the Bank directly or through intermediaries and to the Mobile Device(s) from the Bank and/or from intermediaries and collect and store the same along with all information in such form and manner as it deems necessary and appropriate. The Customer further confirms that the data and information/instructions so stored may be relied upon by the Bank/intermediaries, made known to any person who may reasonably require the same and/or produced in evidence in any relevant proceedings or otherwise.

 

  1. Governing Law:

These Terms and Conditions shall be governed by and construed in accordance with the laws of Kuwait and subject to the exclusive jurisdiction of the Kuwaiti courts. Nothing herein, however, shall preclude the Bank from filing any legal action(s) or claim(s) of any sort in the courts of any jurisdiction outside the State of Kuwait, whether concurrently or otherwise to any action(s) or claim(s) filed or pending resolution in the State of Kuwait.

 

  1. Eligibility:
    1. Only Customers having Account(s)  with the Bank and who are registered users of WOL ,  are eligible to use the mBanking Service. All or any transactions arising from the use of the Service shall be binding on the Customer.

                                          i.    The Customer may avail of the mBanking Service only for himself/herself and not on behalf of any other person.

 

 

 

 

General Description of mBanking and transfers outside the National Bank of Kuwait (NBK)

 

What This Agreement Covers

This Agreement between you and The National Bank of Kuwait S.A.K (“NBK” or the “Bank”) governs the use of NBK’s online banking services, to permit NBK customers (whether individual consumers, sole proprietors, or other business entities, any one of whom shall hereafter be referred to as the “Customer”) to perform a number of banking functions on accounts linked to the Mobile Banking (“mBanking”) service through the use of a personal phone/device.

 

 Accepting the Agreement

When you use any of the mBanking services described in this Agreement, including to transfer monies outside NBK or to authorize others to use WOL, you agree to and accept all of the terms and conditions set out in this Agreement.

 

1. mBanking Services:

To sign up to mBanking you must have:

To use the mBanking Service, you must have:

 

You may use mBanking to:

§ Transfer funds between your personal accounts at NBK

§ Transfer funds from your NBK account to another person’s or entity’s account at NBK

§ Transfer funds from your NBK account to another person or entity ‘s bank account inside or outside Kuwait

§ Pay bills to the Ministry of Communications, Mobile Telecommunications Company, and National Mobile Telecommunications Company (Wataniya)

§ View your account and credit card statements and current balance information

§ Review transactions related to NBK accounts and credit cards

§ Perform self-service account maintenance such as re-order a checkbook, report your lost or stolen ATM card, change the language, ATM & Branch locations, and change your password

§ Send us secure email messages and questions regarding your banking activity

 

2. Description of Online Banking Services

A. Transfers

 

Processing of Transfer Requests

§ Transfers can be made on a one-time or on a recurring basis (Standing Order). One-time transfers are used for transfers which occur on an infrequent or irregular basis, or which vary in amount. One-time transfers can be scheduled for immediate implementation or can be future-dated. You may use the recurring transfer feature when you transfer a set amount at regular intervals

§ Transfers can be made from your NBK account to another individual’s or entity’s account at NBK, to another individual or entity with a valid account at any local bank in Kuwait , or to another individual or entity with a valid bank account outside Kuwait

§ The completion of a transfer is subject to the availability of sufficient funds in the transferring account at the time of final processing. The maximum monthly transfer limit ranges between KD 2000 and KD 20,000

§ Transfers to another NBK account and local transfers are immediately reflected in your account statements and are free of charge

§ Transfers entered before the cut-off time of 12:00 pm local Kuwait time on a bank business day are processed on that bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next bank business day

 

International transfers are immediately reflected in your account statements and KD 5.000 will be charged to the transferor’s account if the transferor “accepts the charges”.   

 Alternatively, US$15-25 will be deducted from the amount being transferred if the transferor specifies that the” beneficiary will accept the charges”.

 

§ In addition to these charges, the receiving bank may deduct or apply its own wire charges which are not an NBK charge

§ Transfers you submit from a credit card are immediately reflected in your available credit for that account

§ In the event the Customer requests a cash transfer to be made between banks inside Kuwait, the Customer declares his full knowledge that such transfer is based only on the principle of the verifications of the account number of the beneficiary, and the Customer accordingly, releases each of the Bank and the bank of the beneficiary from any liability towards either of them for verifying the name of the beneficiary in order to complete this transfer

 

 

B. Limitations and Dollar Amounts for Transfers and Payments (this paragraph does not apply to Transfers outside NBK)

Immediate one-time Transfers and Payments between your linked NBK accounts can be for any amount between KD1 and KD999, 999.99 unless otherwise noted for a payoff on an account (installment loan) or other payment restrictions.

For transfers from your credit card account(s), a minimum transfer amount of KD50 will be applied, and a 5% charge will be deducted automatically when transferring from your credit card account to your bank account (but a transfer or payment cannot exceed the available credit in a credit card account or line of credit)

 

One-Time Future Dated and Recurring transfers can be for any amount between KD1 and KD99, 999.99

Bill Payments can be for any amount between KD1 and KD99, 999.99.

For payments to Mobile Telecommunications Company or National Mobile Telecommunications Company (Wataniya), the minimum payment must equal or exceed KD20.

NBK can reduce all transfer limits if it deems necessary in order to protect the security of your accounts and/or the transfer system.

You authorize NBK to withdraw, debit or charge the necessary funds from your designated NBK account on the date on which you schedule the payment to begin processing or submit a transfer request. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your account(s) at the time of the withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may refuse to complete the transaction. Whether we complete the transaction or not, we reserve the right to impose non-sufficient funds (NSF), over-limit or similar fees, and no further attempt will be made by NBK to issue the payment or process the transfer request. If your payment exceeds any of the limits stated above, it will not be processed. The Bank is under no obligation to notify you if it does not complete a payment or transfer because there are non-sufficient funds or credit in your account to process the transaction or the amount exceeds the transaction limit. In all cases, you are responsible for making alternate payment arrangements or rescheduling the payment or transfer through the mBanking Service.

C. Canceling Transfers

You can cancel your transfer after it has been entered on mBanking.  In order to cancel transfers you must send us an email via the WOL secure email function accessible through the ”contact us” icon on WOL and provide us with the WOL confirmation number, the beneficiary details, and the amount that was sent.  If the funds have not yet been transferred we will stop the transfer and credit your account.  If the funds have left NBK we may be able to stop the transfer (and will charge you any additional costs we incur in so doing), but we cannot guarantee such stoppage.

 

 

 

 

D. Our Liability for Failure to Cancel or Stop a Transfer or Payment

If you attempt to cancel a transfer or payment in accordance with the above instructions and we do not do so, for any reason whatsoever, we will not be liable for any losses or damages you may incur.

 

E. Other Charges

You should note that, depending on how you access mBanking, you might incur charges as follows:

§ Normal account fees and service charges

§ Internet service provider fees

§ International transfer fees

§ Additionally, fees may be charged for such as stop transfer requests, account statement copy orders, and re-order of checkbooks

 

Service Hours

mBanking is available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on your device when you log into mBanking. Our alternative banking channels, such as Hala Watani telebanking Service and WOL are available 24 hours a day 7 days a week, including bank holidays, and it can be reached on 1801801.

 

 

 

Business Days

NBK bank business days are Sundays through Thursdays, excluding bank, National and other holidays.

 

Joint Accounts

When your mBanking Service is linked to one or more joint accounts, we may act on instructions submitted in writing with a duly-authorized signature or sent to us by email from the secure email system accessible through the “contact us” icon on Watani Online.

Joint accounts using the same ID will be identified as one service.

 

Contact by NBK or Affiliated Parties

No NBK employee will contact you via e-mail or phone requesting your mBanking password, ATM Card or PIN number or any other personal or banking information. If you are contacted by anyone requesting this information please contact NBK immediately.

 

Account Statements

We report your mBanking transactions on your monthly statements. Each statement includes a description of each transaction, including to whom you paid or transferred monies, and the date and amount of the transaction.