Terms of Use and End-User Agreement for Tijara Application

1. – Terms of Use – Tijara Application

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION

1. What's in these terms?

These terms set out the rules for the Customer's use of the Bank's Tijara application (Tijara).

2. The Bank

1. Tijara is a mobile application operated by Bahrain Development Bank B.S.C.(c) (the "Bank"). The Bank is registered in the Kingdom of Bahrain under commercial registration number 26226 and the Bank's registered office is at Building 170, 1703 Road 2831, Block 317, Manama / Diplomatic Area, Kingdom of Bahrain, P.O. Box 20501.
2. The Bank is regulated by the Central Bank of Bahrain.
3. The Bank is a conventional retail bank.
4. The Bank is a closed joint stock company.
5. To contact the Bank, the Customer should email [EMAIL ADDRESS].

3. By using Tijara the Customer accept these terms

1. By using Tijara, the Customer confirms that it accepts these terms of use and that the Customer agrees to comply with them.
2. If the Customer does not agree to these terms, the Customer must not use Tijara.
3. The Bank recommends that the Customer prints a copy of these terms for future reference.

4. There are other terms that may apply to the Customer

1. These terms of use refer to the following additional terms, which also apply to the Customer's use of Tijara:

1. The Bank's Privacy Policy and
2. The Bank's Cookie Policy.

2. If the Customer applies for any products or services from Tijara, the Bank's Digital Banking terms and conditions and the Bank's Account terms and conditions  will apply to such products (the Terms).

5. The Bank may make changes to these Terms

The Bank may amend these terms from time to time. Every time the Customer wishes to use Tijara, it should check these Terms to ensure it understands the terms that apply at that time. Where required, the Bank will advise the Customer of any such changes to these Terms.

6. The Bank may make changes to Tijara

The Bank may update and change Tijara from time to time to reflect changes to the Bank's products, the Bank's users' needs and our business priorities. The Bank will give the Customer reasonable notice of any major changes.

7. The Bank may suspend or withdraw Tijara

1. Tijara is made available free of charge.
2. The Bank does not guarantee that Tijara, or any content on it, will always be available or be uninterrupted. The Bank may suspend or withdraw or restrict the availability of all or any part of Tijara for business and operational reasons. The Bank will try to give the Customer reasonable notice of any suspension or withdrawal.
3. The Customer is also responsible for ensuring that all persons who access Tijara through its internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

8. The Bank may transfer this agreement to someone else

The Bank may transfer its rights and obligations under these Terms to another organisation. The Bank will notify the Customer in writing if. By continuing to use Tijara, the Customer consents to such transfer.

9. Tijara is only for users in the Kingdom of Bahrain

Tijara is directed to people residing in the Kingdom of Bahrain. The Bank does not represent that products or services available on or through Tijara is appropriate for use or available in other locations.

10. How the Customer may use material on Tijara

1. The Bank is the owner or the licensee of all intellectual property rights in Tijara, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. The Customer may print off one copy, and may download extracts, of any page(s) from Tijara for the Customer's personal use and the Customer may draw the attention of others within its organisation to content posted on Tijara.
3. The Customer must not modify the paper or digital copies of any materials the Customer has printed off or downloaded in any way, and the Customer must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. The Bank's status (and that of any identified contributors) as the authors of content on Tijara must always be acknowledged (except where the content is user-generated).
5. The Customer must not use any part of the content on Tijara for commercial purposes without obtaining a licence to do so from the Bank or its licensors.
6. If the Customer prints off, copies, downloads, shares or reposts any part of Tijara in breach of these Terms, the Customer's right to use Tijara will cease immediately and the Customer must, at the Bank's option, return or destroy any copies of the materials the Customer has made.
7. The Customer may not use Tijara:

1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; or
3. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

8. The Customer also agrees:

1. not to reproduce, duplicate, copy or re-sell any part of Tijara in contravention of the provisions of these Terms.
2. not to access without authority, interfere with, damage or disrupt:

1. any part of Tijara;
2. any equipment or network on which Tijara is stored;
3. any software used in the provision of Tijara; or
4. any equipment or network or software owned or used by any third party.

11. No text or data mining, or web scraping

1. The Customer shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Tijara or any services provided via, or in relation to, Tijara. This includes using (or permitting, authorising or attempting the use of):

1. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the application or any data, content, information or services accessed via the same; and
2. any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

2. The provisions in this clause should be treated as an express reservation of the Bank's rights in this regard.
3. This clause shall not apply insofar as (but only to the extent that) the Bank is unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to the Bank.
4. Tijara, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the Kingdom of Bahrain. By continuing to access, view or make use of Tijara and any related content and services, the Customer hereby warrants and represents to the Bank that the Customer is located in the Kingdom of Bahrain.

12. Do not rely on information on Tijara

1. The content on Tijara is provided for general information only. It is not intended to amount to advice on which the Customer should rely. The Customer must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Tijara.
2. Although the Bank makes reasonable efforts to update the information on Tijara, the Bank makes no representations, warranties or guarantees, whether express or implied, that the content on Tijara is accurate, complete or up to date as at the time at which the Customer accesses it.

13. The Bank is not responsible for websites it links to

1. Where Tijara contains links to other sites and resources provided by third parties, these links are provided for the Customer's information only. Such links should not be interpreted as approval by the Bank of those linked websites or information the Customer may obtain from them.
2. The Bank has no control over the contents of those sites or resources.

14. Breach of these terms

1. When the Bank considers that a breach of these terms has occurred, the Bank may take such action as the Bank deems appropriate.  
2. Failure to comply with these Terms constitutes a material breach of the terms upon which the Customer is permitted to use Tijara, and may result in the Bank's taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of the Customer's right to use Tijara;
2. issue of a warning to the Customer;
3. legal proceedings against the Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
4. further legal action against the Customer; or
5. disclosure of such information to law enforcement authorities as the Bank reasonably feels is necessary or as required by law.

3. The Bank excludes liability for all action the Bank may take in response to breaches of these terms. The actions the Bank may take are not limited to those described above, and the Bank may take any other action the Bank reasonably deems appropriate.

15. The Bank's responsibility for loss or damage suffered by the Customer

1. The Bank does not exclude or limit in any way our liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by the Bank's negligence or the negligence of the Bank's employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to the Customer, which will be set out in under the relevant terms and conditions.  
3. The Bank excludes all implied conditions, warranties, representations or other terms that may apply to Tijara or any content on it.
4. The Bank will not be liable to the Customer for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1. use of, or inability to use, Tijara; or
2. use of or reliance on any content displayed on Tijara.

5. In particular, the Bank will not be liable for:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.

6. Please note that the Bank only provides Tijara for domestic and private use. The Customer agrees not to use Tijara for any commercial or business purposes, and the Bank has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16. The Bank is not responsible for viruses and the Customer must not introduce them

1. The Bank does not guarantee that Tijara will be secure or free from bugs or viruses.
2. The Customer is responsible for configuring the Customer's information technology, computer programmes and platform to access Tijara. The Customer should use its own virus protection software.
3. The Customer must not misuse Tijara by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. The Customer must not attempt to gain unauthorised access to Tijara, the server on which Tijara is stored or any server, computer or database connected to Tijara. The Customer must not attack Tijara via a denial-of-service attack or a distributed denial-of service attack. The Bank will report any such breach to the relevant law enforcement authorities and the Bank will co-operate with those authorities by disclosing the Customer's identity to them. In the event of such a breach, the Customer's right to use Tijara will cease immediately.

17. Which country's laws apply to any disputes?

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Bahrain law. The Bank and the Customer agree to the exclusive jurisdiction of the courts of the Kingdom of Bahrain.

18. The Bank's trade marks are registered

The Customer is not permitted to use them without our approval.

2. – End-User Agreement

1. Terms applicable to Tijara

1. The Bank licenses the Customer to use:

1. Tijara, the data supplied with the software and any updates or supplements to it;
2. the related electronic documentation (Documentation); and
3. the service the Customer connects to via Tijara and the content the Bank provides to the Customer through it,

as permitted in these Terms and by using Tijara the Customer agrees to these Terms.

2. Privacy

Please be aware that internet transmissions are never completely private or secure and that any message or information the Customer sends using Tijara or any of the Bank's products and services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3. Appstore's terms also apply

The ways in which the Customer can use Tijara and Documentation may also be controlled by the relevant appstore in which the Customer acquired it, whether that be the Apple Appstore or the Google Playstore, and their relevant rules and policies.

4. Support for Tijara and how to tell the Bank about problems

1. If the Customer wants to learn more about Tijara or the Bank's products and services or have any problems using them, please take a look at the Bank's support resources on the Bank’s website.
2. If the Customer thinks Tijara or the Bank's products and services are faulty or misdescribed or wish to contact the Bank for any other reason the Customer shall email the Bank's customer service team.
3. If the Bank has to contact the Customer the Bank will do so by email, by SMS or by pre-paid post, using the contact details the Customer has provided to the Bank.

5. How the Customer may use Tijara, including how many devices the Customer may use it

1. In return for the Customer agreeing to comply with these Terms the Customer may:

1. use any Documentation to support the Customer's permitted use of Tijara and any or the Bank's products and services; and
2. receive and use any free supplementary software code or update of Tijara incorporating "patches" and corrections of errors as the Bank may provide to the Customer.

6. The Customer must be 18 to accept these Terms

The Customer must be 18 or over to accept these Terms and use Tijara.  

7. The Customer may not transfer Tijara to someone else

The Bank is giving the Customer personally the right to use Tijara and the Bank's products and services as set out in these Terms. The Customer may not otherwise transfer Tijara the Bank's products and services to someone else, whether for money, for anything else or for free. If the Customer sells any device on which Tijara is installed, the Customer must remove Tijara from it.

8. Update to Tijara and changes to the products and services

1. From time to time the Bank may automatically update Tijara and change the Bank's products and services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, the Bank may ask the Customer to update Tijara for these reasons.
2. If the Customer chooses not to install such updates or if the Customer opts out of automatic updates the Customer may not be able to continue using Tijara and the Bank's products and services.

9. If someone else owns the phone or device the Customer is using

If the Customer downloads or streams Tijara onto any phone or other device not owned by the Customer, the Customer must have the owner's permission to do so. The Customer will be responsible for complying with these Terms , whether or not the Customer owns the phone or other device.

10. The Bank may collect technical data about the Customer's device

By using Tijara or any of the Bank's products and services, the Customer agrees to the Bank collecting and using technical information about the devices the Customer uses Tijara on and related software, hardware and peripherals to improve the Bank's products and to provide any of the Bank's products and services to the Customer.

11. The Bank may collect location data (but the Customer can turn location services off)

1. Certain of the Bank's products and services may make use of location data sent from the Customer's devices. The Customer can turn off this functionality at any time by turning off the location services settings for Tijara on the device. If the Customer uses the Bank's products and services, the Customer consents to the Bank and the Bank's affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of the Customer's location data and queries to provide and improve location-based and road traffic-based products and services.
2. The Customer may stop the Bank collecting such data at any time by turning off the location services settings.

12. The Bank is not responsible for other websites the Customer links to

1. Tijara or any of the Bank's products and services may contain links to other independent websites which are not provided by the Bank. Such independent sites are not under the Bank's control, and the Bank is not responsible for and have not checked and approved their content or their privacy policies (if any).
2. The Customer will need to make its own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

13. Licence restrictions

1. The Customer, irrevocably and unconditionally, agrees and undertakes that it will:

1. except in the course of permitted sharing not rent, lease, sub-license, loan, provide, or otherwise make available, Tijara or the Bank's products and services in any form, in whole or in part to any person without prior written consent from the Bank;
2. not copy Tijara, Documentation or the Bank's products and services, except as part of the normal use of Tijara or where it is necessary for the purpose of back-up or operational security;
3. not translate, merge, adapt, vary, alter or modify, the whole or any part of Tijara, Documentation or the Bank's products and services nor permit Tijara or the Bank's products and services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use Tijara and the Bank's products and services on devices as permitted in these terms;
4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Tijara or the Bank's products and services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile Tijara to obtain the information necessary to create an independent program that can be operated with Tijara or with another program (Permitted Objective), and provided that the information obtained by the Customer during such activities:

1. is not disclosed or communicated without the Bank's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
2. is not used to create any software that is substantially similar in its expression to Tijara;
3. is kept secure; and
4. is used only for the Permitted Objective;

5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Tijara or any of the Bank's products and services.

14. Acceptable use restrictions

1. The Customer must:

1. not use Tijara or any of the Bank's products and services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Tijara, any of the Bank's products and services or any operating system;
2. not infringe the Bank's intellectual property rights or those of any third party in relation to the Customer's use of Tijara or any of the Bank's products and services (to the extent that such use is not licensed by these terms);
3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to the Customer's use of Tijara or any of the Bank's products and services;
4. not use Tijara or any of the Bank's products and services in a way that could damage, disable, overburden, impair or compromise the Bank's systems or security or interfere with other users; and
5. not collect or harvest any information or data from any of the Bank's products and services or the Bank's systems or attempt to decipher any transmissions to or from the servers running any of the Bank's products and services.

15. Intellectual property rights

All intellectual property rights in Tijara, the Documentation and the Bank's products and services throughout the world belong to the Bank (or the Bank's licensors) and the rights in Tijara and the Bank's products and services are licensed (not sold) to the Customer. The Customer has no intellectual property rights in, or to, Tijara, the Documentation or the Bank's products and services other than the right to use them in accordance with these Terms and the applicable terms and conditions.

16. The Bank's responsibility for loss or damage suffered by the Customer

1. The Bank does not exclude or limit in any way the Bank's liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by the Bank's negligence or the negligence of the Bank's employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
2. The Bank will not be liable for damage that the Customer could have avoided by following the Bank's advice to apply an update offered to the Customer free of charge or for damage that was caused by the Customer failing to correctly follow installation instructions or to have in place the minimum system requirements advised by the Bank.
3. Tijara is for private use. If the Customer uses Tijara for any commercial or resale purpose the Bank will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. Tijara is provided for general information purposes only. It does not offer advice on which the Customer should rely on. The Customer must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Tijara or the Bank's products and services. Although the Bank makes reasonable efforts to update the information provided by Tijara and any of the Bank's products and services, the Bank makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
5. The Bank recommends that the Customer backs up any content and data used in connection with Tijara, to protect the Customer in case of problems with Tijara or any product or service.
6. Tijara and the Bank's products and services have not been developed to meet the Customer's individual requirements. Please check that the facilities and functions of Tijara and the Bank's products and services (as described on the appstore site and in the Documentation) meet the Customer's requirements.

17. The Bank may end the Customer's rights to use Tijara and the products and services if the Customer breaches these Terms

1. The Client confirms and agrees that the Bank may terminate the Customer's rights to use Tijara and the Bank's products and services at any time in the event that the Client breaches any provisions of these Terms.
2. In the event that the Bank terminates the Customer's rights to use Tijara and/or  the Bank's products and services:

1. the Customer must stop all activities authorised by these Terms, including the Customer's use of Tijara and any of the Bank's products and services.
2. the Customer must delete or remove Tijara from all devices in the Customer's possession and immediately destroy all copies of Tijara which the Customer has and confirm to the Bank that the Customer has done this; and
3. the Bank may remotely access the Customer's devices and remove Tijara from them and cease providing the Customer with access to the Bank's products and services.

BAHRAIN.1945999.2                BQM.091429.00013

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