Open Banking Terms & Conditions

Please read these terms and conditions carefully. By accessing and using this Application, you agree to be bound by the terms and conditions set out herein. If you do not agree with any of these terms and conditions, then you are expressly prohibited from accessing the Application and availing the Services and must discontinue to use them immediately.

1. Definitions

For the purpose of these terms and conditions and any subsequent communications, the following words and expressions shall, unless the context otherwise requires, have the following meanings:

“Application” means “One” mobile application through which you will be able to avail the Services;

“Al Salam Bank” (also ‘we’, ‘us’ and/or ‘our’) means Al Salam Bank B.S.C, a company incorporated under the laws of the Kingdom of Bahrain with commercial registration number 59308 having its registered office at Flat 11 Building 935 Road 1015 Block 410, Sanabis, Kingdom of Bahrain;

“Merchant(s)” means independent third-party sellers or service providers who lists their products or services on the Application for sale to the User.

“Participating Financial Institution(s)” means financial institutions who participate in the Application by offering their Sharia Compliant takaful, financing, and/or banking services to the User.

“Personal Information” means any information, in any form, of an identified, directly or indirectly identifiable, User particularly through his/her personal identification number or one or more of his/her formal, physiological, intellectual, cultural, economic or social identity, including financial activities conducted on the User’s linked accounts.

“Services” means our provision of the facilitation services between the User, Merchant and/or Participating Financial Institution, as amended or enhanced from time to time, through the Application;

“Terms” means the terms and conditions set out herein relating to your use of the Application and Services;

“Transaction” means any transaction made by the User with respect to utilization of any of the Services through the Application;

“User(s)” (also ‘you’, ‘yours’, ‘yourself’) means any potential user who wishes to avail the Services; and

2. Acceptance of these Terms

By accessing the Application and availing the Services, you acknowledge and agree to these Terms and undertake to comply with and adhere to the obligations, duties and responsibilities that the Terms impose onto you.

3. The Registration Process

3.1 A User who wishes to gain access to the Application’s features and avail the Services shall submit any information required through the Application in the format prescribed by us from time to time along with any other requirements we may impose from time to time;

3.2 The Application may collect and process biometric data provided by the User for the purpose of authentication and identification. Biometric data may include, but is not limited to, fingerprints and facial recognition. By using the Application, the User acknowledges and agrees to the collection, storage, usage of their biometric data;

3.3 A User who wishes to gain access to the Application’s features and avail the Services shall also register in the Application by using their Identity Card number and creating a unique password in the manner prescribed by us from time to time.

4. Username and Password

You acknowledge, agree, undertake, represent and warrant that:

a) you are the sole authorized User and exclusive owner of the password;

b) you hereby grant us express authority to carry out any and all instructions and requests authorized through your Username;

c) you accept full responsibility for the use, protection and confidentiality of the password;

d) you shall not allow any unauthorized individual to gain access to your Username, the Application and Services; and

e) we shall not be liable for any damage or loss that may arise due to your failure to maintain the confidentiality of your Username and password;

5. Updating the Application

5.1 The information that is provided to you through the Application may not be updated on a continuous basis, but at regular intervals. Therefore, any information we supply to you through the Application will relate only to the time and date when it was last updated and not the time and date when it is supplied to you.

6. Use of the Application and Services

6.1 The Application is a platform which provides the Services.

6.2 The information, including product listings, description, images, specifications, financing offers, and any other content displayed on the Application, is provided for informational purposes only. Such content shall not constitute a financial advice or suggestion by us to purchase a particular good or service from a Merchant or to avail a specific service from a Participating Financial Institutions. The User acknowledges and agrees that they shall independently assess each product or service, including its quality, suitability, and any associated risks, without any liability on our part.

6.3 As a User of the Application, you acknowledge and agree that:

6.3.1 The Merchants listed on the Application are independent third parties, and any purchase of products or services from them is governed by separate agreements or terms and conditions between you and the respective Merchant. We are not a party to such agreements and shall not be liable for any disputes, claims, or damages arising from or related to such transactions.

6.3.2 The offers displayed by Participating Financial Institutions are subject to the terms and conditions set by the Participating Financial Institution. Any service obtained from a Participating Financial Institution for the purchase of products or services from the Merchants or otherwise is solely between you and the Participating Financial Institution. We shall not be responsible for any issues or liabilities arising from such arrangements between you and any Participating Financial Institution.

6.4 You agree to comply with all applicable laws, regulations, and guidelines while using the Application and availing the Services. You shall not use the Application for any illegal or unauthorized purposes, and you shall be solely responsible for any consequences resulting from your use of the Application in violation of applicable laws or these Terms.

6.5 The Application may provide links or references to external websites or resources. However, we do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that we shall not be liable for any damages or losses incurred as a result of your use of such external websites or resources.

7. Transactions

7.1 When you select to avail any service from a Participating Financial Institution(s), you may need to link your account(s) and authorize us to share your Personal Information with the Participating Financial Institution(s) for their assessment of your eligibility to their products and services.

7.2 You are solely responsible for the accuracy of the instructions and authorizations you provide us with and you acknowledge and accept that the same shall be considered to be sufficient for us to rely on. We shall not be required to authenticate the instructions which shall remain effective until they are superseded by subsequent instructions issued by you. We shall not be held liable if we do not or if we are unable to prevent the execution of an instruction which was subsequently superseded or if there is a delay in its implementation for any reason whatsoever. If we believe that any instruction is contradictory or inconsistent, we may, at our sole discretion, seek your clarification on such instruction before relying on and/or acting on the same. We reserve the right to refuse to rely on and/or act on your instructions without providing any reason for such refusal.

7.3 You acknowledge and agree that we shall not be held liable for acting in good faith with respect to any instructions or authorizations we receive from you, whether such instruction or authorization was sent from an unauthorised individual or through your use of the Application and/or Services and you hereby indemnify and hold us harmless against any proceeding, suit and/or action that is initiated against us by any and all third parties or for any costs, losses or damages etc. that may be incurred by us as a result thereof.

8. Our Records

Our records regarding your Transactions, including but not limited to the time such Transactions were made shall be conclusive proof of the accuracy, validity and genuineness of the Transaction and shall be binding on you. You understand and accept that, while we shall endeavour to carry out your instructions promptly, we shall not be responsible for any delay in carrying out the same for any reason whatsoever, including but not limited to any requirements of law and/or failure of operational systems.

9. Personal Information

9.1 You are responsible for the accuracy of the Personal Information you provide us in the Application or which you authorize us to obtain through our third-party service providers. You confirm that all the Personal Information you have provided us is true, complete, current and accurate in all respects and that you will immediately notify us of any changes to the Personal Information by updating your profile on the Application or by contacting us. You acknowledge and accept that we shall not be held liable for any consequences that may arise out of your supply of erroneous Personal Information. If you notice any inaccuracy or error in the Personal Information you have provided us, either in the application form or pursuant to your registration in accordance with Clause 3, you shall immediately inform us and we shall endeavour to amend such inaccuracy/error on a “reasonable efforts” basis. You acknowledge and accept that we shall not be held liable for any erroneous transactions that result, whether directly or indirectly, as a result of your provision of any incorrect, inaccurate or incomplete Personal Information.

9.2 You hereby freely authorize us to access your Personal Information. This consent includes but is not limited to: (i) authorization and consent to access, hold and print your Personal Information; (ii) authorization and consent to enquire about any of your Personal Information; (iii) authorization and consent to process and share your Personal Information (including your name, email address/phone number, address, etc.) with external third parties such as auditors, governmental/regulatory bodies and authorities, the Merchants and Participating Financial Institutions that you select, cloud service providers, data processors, other third-party service providers covering administrative and security related services in relation to our provision of the Services to you; and (iv) consent to receiving marketing and/or promotional material from time to time.

10. Privacy

For more information on how we collect, process and store your Personal Information, please refer to our privacy policy made available at [insert link].

11. Notices and Communications

All correspondences and/or notices under or in connection with these Terms shall be given in writing.We may deliver any correspondences and/or notices to youhand, post, facsimile, SMS, Email or through the Application in accordance with details disclosed by you to us as part of your Personal Information.

Any correspondences and/or notices from you to us may be delivered by hand or electronically.

12. Indemnity

In addition to the indemnities given by you in these Terms, you further agree to indemnify and hold us, our officers, employees, directors, agents, representatives and/or affiliates, as the case may be, harmless from and against any and all actual costs, liabilities, losses and expenses of whatever nature, incurred by us, whether directly or indirectly, in connection with the following:

a) your use of the Application and/or services;

b) your submission, authorization and our use of your Personal Information

c) our execution or refusal to execute any of your instructions;

d) your violation and/or breach of these Terms;

e) your misrepresentation or breach of representation or warranty herein;

f) the protection or enforcement of our rights and remedies against you under these Terms; or

13. Liability

13.1 You acknowledge and agree that we shall not be held liable for any liabilities, costs, claims, damages etc. that you may incur, sustain, whether directly or indirectly, as a result of using the Application and/or Services, unless such liabilities, costs, claims, damages arise out of our wilful misconduct or gross negligence.

13.2 You also acknowledge and accept that we shall not be held liable to you if the Application and/or Services is unavailable for any reason whatsoever including but not limited to any rules, regulations or laws of any government, regulatory authority or any other authority, legal restraints, natural calamities, network failure or faults in the telecommunication network, or any other reason beyond our control. We shall under no circumstance be held liable for any direct or indirect damages or losses whatsoever, whether such claim is based on interruption of business or loss of revenue. We shall also not be held liable to you for (i) the exercise of our right to terminate your access to the Services; and/or (ii) any inability or delay on our behalf to perform any of our duties under these Terms because of any mechanical, electronic system, data processing or telecommunication defect or failure, , strikes, civil disturbance, or any event outside our control or the control of any of our service providers or agents.

13.3 You acknowledge and agree that should any dispute arise between you and any Merchant or Participating Financial Institution, such disputes should be resolved independently between you and them without any liability/involvement on/from our part.

14. Termination

14.1 You may request for termination of these Terms, at any time, by de-activating your account registered under your Username via the Application. You acknowledge and accept that you will remain responsible and liable for any and all transactions and/or instructions made through the Application until the time of such termination.

14.2 You acknowledge and agree that we may, at any time, at our sole discretion and without notice, terminate and/or discontinue the availability of the Services made available to you under these Terms either in its entirety or in relation to a certain Service.

15. Disclaimer of Warranties

15.1 You acknowledge and agree that your use of the Application and/or Services is at your own risk. The Application and/or Services is provided to you on an “as available” and “as is” basis. We make no warranty that the Application and/or Services will meet your requirements, or that they will be available on a secure, timely, uninterrupted, error-free basis.. Except as warranted in the Terms, we hereby expressly disclaim all warranties and conditions of any kind, whether express or implied or statutory, including, but not limited to the implied warranties such as data accuracy and completeness, any warranties relating to non-infringement in the Application and/or Services.

15.2 We cannot guarantee that access to the Application and/or the Services will be will be free of viruses or other harmful components. We will not be liable for any virus that may enter your system as a result of your access and use of the Application and/or Services.

16. Assignment

You acknowledge and agree that we shall be entitled to assign our rights and obligations under the Terms, either in whole or in part, to any person of our choice. Such assignment shall be binding on you. You further acknowledge and agree that we may, in our sole discretion, outsource, subcontract and/or employ agents to carry out any of our obligations under the Terms. However, you acknowledge and agree you shall not be entitled to assign or transfer any of your rights and obligations arising out of these Terms and your use of the Application and Services.

17. Amendment to Terms

You acknowledge and agree that we shall have the absolute discretion to amend these Terms at any time by posting the revised Terms on the Application. It is your responsibility to ensure that you have read the latest Terms by checking the Application for the latest version of the same. In the event that you are not in agreement with the changes made to the Terms, you must immediately stop using the Services in accordance with Clause 14. Furthermore, by using the Application and availing the Services, you shall be deemed to have accepted the changed Terms and have undertaken to adhere and comply with the responsibilities, duties and obligations the changed Terms impose onto you.

18. Intellectual Property Rights

18.1 The logos, service marks and trademarks, contained in the Application (“Marks”) along with the Applications’ content (“Content”) are owned by or licensed to us, and are subject to copyright and other intellectual property rights. Our Content includes, but is not limited to, all software, audio, video, text, databases, graphics and website designs. Our trademarks may not be used or copied, in whole or in part, without our prior written consent. The Content on the Application is provided on an ‘as is’ basis and is not subject to sale, broadcast, copy, distribution, usage, transmission, display, licensing, reproduction, or exploitation for any other purposes whatsoever without our prior written consent. You acknowledge and agree that you may not systematically retrieve data or other content from the Application to compile or create, whether directly or indirectly, a collection, database, compilation or directory without our prior written consent.

18.2 You acknowledge and agree that you are prohibited from the following:

a) incorporating any of the Marks and/or Content into any archive or database;

b) copying, publishing, modifying, distributing, reselling, displaying, transferring, creating derivative works from, licensing, transmitting, reproducing, or selling any services, software, content, products, information or material obtained from the Application; and

c) interfering with the Application’s security features in any way whatsoever.

19. Restrictions

In addition to the other restrictions set out in these Terms, you acknowledge and agree that you shall be prohibited from the following:

a) using the Application and/or the Services for any purposes other than to avail the Services in a legal manner;

b) interfering with any other User’s use of the Application and/or Services;

c) violate any applicable laws, rules, or regulations through your use of the Application and/or Services;

d) using the Application in order to create a service, product and/or software that could, directly or indirectly, compete with the Application;

e) using the Application to send spam e-mails and/or unsolicited e-mails to us or any of our Users;

f) using the Application and/or the Services to offer and/or advertise the sale of any goods and/or services;

g) attempting to gain access to any of our User’s Personal Information and/or Username details;

h) submitting false reports of misconduct and/or abuse and/or improperly using our support services;

i) attempting to impersonate another User; and

j) using the Application, the Services or the information acquired from using the Application and/or the Services to threaten harm, annoy, abuse, intimidate and/or harass any individual.

20. Entire Agreement

These Terms constitute the entire agreement between Al Salam Bank and the User with regards to the User’s use of the Application and Services. You acknowledge and confirm that you have not relied on any oral or written, warranty or representation (other than what has been provided herein).

21. Force Majeure

21.1 Neither of us shall be in breach of these Terms nor be liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from an event, circumstance or cause beyond its control and where the party affected without fault or negligence and through the exercise of reasonable diligence was unable to prevent it, provided that such event is limited to the following (a “Force Majeure Event”):

21.1.1 war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of, civil war, or insurrection of military;

21.1.2 ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component; and

21.1.3 earthquakes, flood, fire or other physical natural disaster.

21.2 The affected party shall:

21.2.1 as soon as reasonably practicable after the start of the Force Majeure Event, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under these Terms; and

21.2.2 use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

21.3 If the Force Majeure Event prevails for a continuous period of more than fourteen (14) days, we may terminate these Terms with immediate effect without any further requirement for the submission of any written notice to the Service Provider. Such termination shall be without prejudice to the rights of the parties in respect of any breach of these Terms occurring prior to such termination.

22. Governing Law

22.1 These Terms shall be governed by and construed in accordance with the laws of Bahrain to the extent that such laws are not repugnant to the principles of Islamic Shari’a, in which case the principles of Islamic Shari’a shall prevail.

22.2 We and you irrevocably agree that the Courts of Bahrain shall have exclusive jurisdiction to hear and determine any dispute or claim, which may arise out of or in connection with these Terms.

22.3 Both we and you recognise and agree that payment of interest is repugnant to the principles of Islamic Shari’a and, accordingly, agree that if any claim for amounts due under these Terms is made in a court or before arbitral panel and that court or panel imposes any obligation to pay interest, both we and you hereby irrevocably and unconditionally expressly waive and reject any entitlement to recover interest from each other.