Terms and Condition
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS BELOW DO NOT ACCESS OR USE THIS SITE. ARAB BANK FOR INVESTMENT AND FOREIGN TRADE (AL MASRAF) RESERVES THE RIGHT, TO MODIFY, ALTER OR OTHERWISE UPDATE THESE TERMS & CONDITIONS FROM TIME TO TIME AS IT DEEMS NECESSARY WHICH MODIFICATIONS, ALTERATIONS OR UPDATES SHALL AUTOMATICALLY BE BINDING ON YOU.
1) Definitions and Interpretations
You are advised to regularly check for any amendments or updates to Al Masraf’s terms and conditions from time to time. Al Masraf may add to, change, or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such change revisions.
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
In these Terms and Conditions, unless the context requires otherwise, the following word(s) and terms shall have the meanings attributed to them:
a) Al Masraf: Means Arab Bank for Investment and Foreign Trade
b) Al Masraf Website: Means website with URL www.almasraf.ae offering by Al Masraf providing informational content and request for rendered services specified therein
c) Al Masraf Website Services: Shall mean all services offered and allowed online by Al Masraf Website.
d) Applicable Terms and Conditions: Shall mean the relevant terms of usage of the website as well as terms and conditions specific to any service provided.
e) User : Shall mean existing customers as well as non-customers of Al Masraf Website. It also includes any online visitor who visits Al Masraf Website.
f) Application form(s): Shall mean the “online” form(s)/application made available on Al Masraf Website for applying to all available service(s).
g) Charges: Shall mean all fees and charges payable by the User in respect of the service rendered by Al Masraf.
h) Electronic Commerce Transaction: Shall means buying and selling of services over electronic system such as the internet and other computer networks.
i) Official Working Hours: Means business days between 8:00 am and 2:30 pm Sunday to Thursday and between 8:00 am and 12:30 pm on a Saturday, unless Al Masraf’s Main Branch hours are amended at the discretion of Al Masraf and in line with UAE Central Bank requirement in which case those new hours shall apply.
j) Force Majeure Event: Shall mean any event outside the control of any party which causes delay in or which hinders the performance by that party of its obligations under this agreement and which cannot be cured by measures which might reasonably be taken and shall include, without limitation, any outbreak or government or supra-governmental body, treaties and other international agreements, strikes, lockouts or other industrial action (other than those relating to the employees of the party claiming relief as a result of force majeure event), flood, fire, lightening, explosion, riot, epidemic or any other act of God, acts of public enemy, acts of terrorism, quarantine, restriction, freight embargoes, extraordinary meteorological or atmospheric occurrences or disturbances that may have the same effect on the performance of the agreement and shall expressly include a failure of a third party supplier or subcontractor caused by any event that would be a force majeure event had it affected Al Masraf under these terms and conditions.
k) User agrees to use Al Masraf Website Services, its affiliates, consultants and contracted companies, for lawful purposes only.
l) User agrees to provide authentic and true information. Al Masraf reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Al Masraf has the right in its sole discretion to reject the registration and debar the User from using Al Masraf Website Services without prior intimation whatsoever.
m) User agrees to:
i) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form on the Website and
ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
n) Any references to a monetary amount is expressed in AED.
2) Introduction
a) These terms and conditions have been issued in accordance with UAE applicable laws and internal policies of Arab Bank for Investment and Foreign Trade (Al Masraf).
b) These Terms and Conditions shall govern usage of the E-Guarantee Refund Application portal provided on www.almasraf.ae and the Services provided.
c) Natural as well as juridical persons are eligible to become ‘Users’ of Arab Bank for Investment and Foreign Trade (Al Masraf) Website under these Terms and Conditions.
d) ‘Users’ shall be deemed to have accepted and agreed to be bound by these Terms and Conditions immediately upon clicking and using this website.
e) This Introduction constitutes an integral part of these Terms & Conditions.
3) Disclaimer
While Al Masraf uses reasonable efforts to include accurate and up-to-date information on this website, it makes no warranties or representations as to its accuracy. Al Masraf Website Service(s) are provided "as is" without any warranties or representations of any kind whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
4) Liability
a) Notwithstanding anything to the contrary in these Terms and Conditions, Al Masraf shall have no liability for any direct, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to Al Masraf Website including all Al Masraf Services. If a User is not satisfied with any portion of Al Masraf Website, Al Masraf Service or any of these Terms & Conditions, that User’s sole and exclusive remedy is to discontinue using the same.
b) In particular, Al Masraf shall not be liable to any User for any delay in providing or restoring Al Masraf Website and related Al Masraf Website Services nor for loss or damage(s) and /or any loss of data howsoever caused including without limitation, non-delivery, misuse or mis-delivery or of any interruption, suspension, or termination of service, or for the contents, accuracy or information or resource made available or received or transmitted through Al Masraf Website.
5) Links to other websites
Al Masraf is not responsible for any linked sites posted on the website. The linked sites are for convenience, process completion and making payments. User understands and acknowledges that any access to such sites is at ’User’s own risk.
Al Masraf does not control such sites, or the information contained therein. Al Masraf is not liable for any loss or damage that may sustain as a result of any reliance or use of such sites or the information therein.
6) Fees and Charges:
a) Al Masraf applicable charges are AED 50 Plus VAT for the refund of each Labor Guarantee of AED 3,000. Al Masraf reserves the right to waive or reduce these charges from time-to-time and will reflect such fees to the Users at the time of using Al Masraf Website Services. Al Masraf will seek User’s consent on all applicable fees and charges before processing.
b) Users are requested to refer to Al Masraf’s published Tariff for fees and charges related to the refund of Labor Guarantees; which is done manually and is outside the scope of this application.
7) Service(s) offered on the web-site
a) User may access the service by logging to https://digital.almasraf.ae/eGRefund/
b) User may apply and agrees to pay all fees and charges for refund of Labor Guarantees.
c) Al Masraf will refund Labor Guarantees based on inputs provided by the Users. Hence, Users are requested to take utmost care in providing accurate and complete information such as but not limited to Company ID, Company Name as shown on the Trade License, Mobile Number, E-mail address as well as all other details requested. Al Masraf will refund Labor Guarantees as per requests received and not be responsible for wrong inputs provided by the Users.
d) Al Masraf will refund Labor Guarantees within 14 working days for all successful requests before 2:30 p.m. on the Al Masraf’s official working days. All successful requests received after 2:30 p.m. or on Al Masraf’s non-official working days will be effected on the next working day.
e) While Al Masraf will make all attempts to refund Labor Guarantees as per the provided timelines, it will not assume any liability for delays caused for any reason beyond its control.
8) Modification as well as availability of Al Masraf Website Services
a) Al Masraf reserves the right to change and / or amend online services offered or delivered to the User from time to time. Furthermore, Al Masraf reserves the right to discontinue all or part of Al Masraf Website Services on Al Masraf Website without any prior notice.
b) Al Masraf will not be held responsible for unavailability of service at any time.
c) In case of any wrongful or mismatch of data provided by User such as mismatch of Company ID and Company Name, etc., Al Masraf may contact the User for additional information. In such cases, the Labor Guarantee refund request will be processed on the next working day after receipt of required documents.
9) Representation and Warranties
Represents and warrants that:
a) Where the service applied to the User for is for his own business and has the absolute right, title and interest for applying for such services and not for any commercial purposes.
b) All information provided by the User in the Application Form(s) are true and complete.
c) He/She is a UAE National or a UAE Resident.
d) Will indemnify Al Masraf in full against all direct or indirect loss, damages, claims, demands, proceedings, costs and charges howsoever arising out of the 's breach of any representation, warranty or undertaking set out in these Terms and Conditions. The provisions of this clause shall survive termination of Al Masraf Website Terms & Conditions.
e) Breach by User of any warranty or representation will entitle Al Masraf to terminate all services and products to that User with immediate effect and claim any contractual and statutory damages for such breach.
10) Security
a) We will take all reasonable measures to insure information you transmit to us using the Website will remain confidential and protected from unauthorized access. Despite those measures, we do not warrant unauthorized access to that information can never happen. We will not be liable for any such unauthorized access unless caused solely by our gross negligence, in which event you will be entitled to compensation up to a maximum of the value of the services purchased by you.
b) To ensure secure online payment and all other transactions of personal data, AL Masraf Website Services use a technology called SSL (Secure Socket Layer). SSL encrypts all communications between your computer and our server so that the information can only be read and understood by us. Usually a closed lock on your browser window shows a secure connection. For further information, please consult your browser’s security specifications.
11) User's responsibilities
a) Subject to Applicable Terms and Conditions, User shall protect the secrecy of his confidential information at all times and shall ensure that the same is not revealed or disclosed in any manner whatsoever to any person or persons whomsoever.
b) User shall be fully and solely responsible for and shall bear all charges, losses, and damages arising from any use of his or her confidential information, howsoever arises.
c) User shall at all times use only his own detailed information for accessing Al Masraf Website Services.
d) User shall, when accessing any other network through Al Masraf Website Services, comply with the rules appropriate for that network.
e) Subject to Applicable Terms and Conditions and in consideration of Al Masraf allowing access to its Website Services, the User agrees:
i) not carry out or allow any intellectual property right(s) infringement(s),
ii) not to use services provided for any illegal, improper, obscene or defamatory purpose or any purpose which is prohibited by law,
iii) not to publish, post, upload, distribute or disseminate any inappropriate, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information,
iv) not to upload materials, information or files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless owns or controls the rights thereto or have received all necessary consents to do the same,
v) not to upload materials, information or files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another,
vi) not to violate any code of conduct or other guidelines which may be applicable for any particular Al Masraf Website,
vii) not to use Al Masraf Website Services in any manner which could damage, disable, overburden, or impair any service or the network(s) or interfere with any other party's use and enjoyment of any Al Masraf Website Services or products,
viii) not to attempt to gain unauthorized access to any Al Masraf Website Services, other accounts, computer systems or networks connected through hacking or any other means.
12) Control of Access Data
i) Al Masraf reserves the right to manage and control the access to computer systems and data stored in Al Masraf Website.
ii) Any information or material submitted to Al Masraf via the website or internet and/or electronic mail is deemed the property of Al Masraf.
iii) Al Masraf may use it for any purpose it deems including without limitation, the copying, transmission, distribution and publication thereof.
iv) Al Masraf accepts no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from use of this site, howsoever arising and including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with this site, it's contents or associated services, or due to any unavailability of the site or any part thereof or any contents or associated services.
v) Al Masraf neither assumes nor accepts liability for any loss or damage (whether direct or indirect), howsoever caused, as a result of any computer viruses which may infect a User’s computer equipment arising from the use of this site.
13) Access Speed
Al Masraf does not guarantee any specific response time for website access to Internet.
14) Privacy Policy
Al Masraf is concerned about the privacy of the Users. Privacy Policy, which forms part of these Terms and Conditions, is available at this website. Al Masraf may change its privacy policy from time to time which changes will be effective from the date they are posted on the website.
15) Intellectual Property, Copyrights and Trademarks
a) The content of Al Masraf Website is protected by copyright, trademark and other intellectual property rights as applicable.
b) Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the website is provided by Al Masraf, it’s content providers and third parties. The intellectual property rights to or over the contents contained in website belong to Al Masraf, it’s content providers and/or third parties. All rights are reserved. The contents of the website cannot be copied, reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying, printing or recording without the prior written permission of Al Masraf. User agrees the material and content referred to above is for own personal use only and may not be used for commercial purposes.
c) By submitting any materials using Al Masraf Website, via email or otherwise, irrevocably authorises Al Masraf to copy, modify, distribute or create a derivative work from that content in any form.
d) User warrants that the materials are fit for publication and agrees to indemnify Al Masraf for any claim or demand, suit or other action brought by any third party against Al Masraf in relation to such materials.
16) Termination and Suspension
This services rendered to the User under this terms and conditions are subject to Al Masraf’s sole discretion and Al Masraf has the right to withdraw it as it deems appropriate purely at its sole discretion immediately without notice.
17) Governing Law and Jurisdiction
The Terms and Conditions are governed by the laws of the United Arab Emirates. Any disputes arising out of or in connection with this terms and conditions shall be resolved by the Courts of the United Arab Emirates.
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