Terms and Conditions for Governing the Accounts

This Account shall be subject to the following Terms and Conditions:

First- General Terms and Conditions for Weyay Account:

Definitions: The following terms shall have the following meanings:

Weyay Account: is a service that enables the natural persons to open an account digitally through a mobile application in the Kuwaiti Dinar currency only without the need to physically sign the account opening form.
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.
Bank: Weyay Bank and The National Bank of Kuwait S.A.K.P
Weyay Bank: Is a digital bank established in the State of Kuwait and offers digital banking services. Weyay Bank and its logos, trademarks and all rights in those trademarks, is owned solely by the National Bank of Kuwait S.A.K.P. and the Customer shall not use or copy the trademarks owned by Weyay Bank or any trademark owned by The National Bank of Kuwait S.A.K.P.
Customer: is a person who holds an Account(s) with the Bank, accepts these Terms and Conditions, and uses a Mobile Device to access Mobile Application and undertakes any banking transactions through Mobile Application.
Customer Instructions or Instructions: Any communication, request or instruction (financial & non-financial) from the Customer that is received by the Bank through Mobile Application Service in accordance with this Agreement.
Solutions Center Service: Is the telephone service through which the Customer may communicate with the Bank in order for the Bank to receive any complaints related to the Customer’s transactions, inquiries regarding account balances, and to conduct certain banking transactions via telephone.   
Payments: The payments that the Customer desires to make by using the Mobile Application Service which facilitates the debiting of the Customer’s Account(s)
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.
Terms & Conditions: These Mobile Banking Terms and Conditions including the ones communicated by the Bank from time to time to the Customers.
Website: The website with a domain name www.Weyaybank.com owned and controlled by the Bank.
Mobile Application: the mobile application through which Customers can check balances, undertake account transactions, make payments, and conduct other banking transactions through a mobile device that supports the Mobile Application Service.
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 Mobile Application.

Debit Card Issuance: Customer may request for a Debit card to be linked to this account for withdrawals and deposits, as well as local transfers. International bank transfers are not allowed until the customer complete the Know Your Customer Form. Issuance of checkbooks shall not be permitted under this account.
Money Transfer: This account allow Customers to transfer, request money, and receive money from other customers who are holding the same type of an account using the mobile number only. The customer acknowledge that by using this service, other customers will be able to view his personal information like picture and mobile number and therefore, customers can stop this service at any point of time.
Request of other banking products: Weyay account holders cannot request other products provided by the bank such as credit cards, loans, prize accounts, and term deposits. Upon the Customer’s requests for these products, the Customer shall be required to migrate to other packages within NBK product suit by completing the application forms related to those products and carrying out the current procedures for those products for new customers.
Payments and Transfers limits: Weyay customers are obliged to remain within the account limits for daily and monthly withdrawals and transfers as instructed by CBK and published through the Mobile Application and the social media websites. The Customer’s credit balance in the accounts opened via this Mobile Application shall not exceed five thousand Kuwaiti Dinars. This limitation shall be subject to be amended at the Bank’s discretion from time to time.
Right of refusal to deposit credit transactions: The bank shall have the right to refuse credit transactions into the account in the event that such deposits will lead to exceeding the maximum account balance limit. These deposits include salaries, allowances, refunds, and bank transfers.
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.
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 Mobile Application Service or the Customer’s inability to use Mobile Application, 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 Mobile Application, 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 Mobile Application 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 the Customer 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:

the Bank acting upon or giving effect to any Customer Instructions (regardless of whether it is authentic, authorized, unauthorized, or fraudulent);
the Bank's failure or refusal to act upon or give effect to any Customer Instruction;
any failure or delay by the Bank in receiving, accessing, processing, accepting, acting upon or giving effect to any Customer Instruction;
any errors, omissions, or irregularities in information received through NBK Mobile Banking;
defects or malfunctions in the Mobile Application Service;
the use by the Customer of any Internet browser or operating system that is either prohibited or not supported by the Mobile Application or the unlawful unlocking or manipulation of any Mobile Device;
the operational failure, malfunction, interruption, change, amendment or withdrawal of the Mobile Application 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:

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 Mobile Application Service;
any service through which the Customer accesses the Mobile Application 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:

the Customer's use of Mobile Application;
the Bank acting on any Customer Instruction in accordance with these Terms and Conditions;
the Customer's breach of these Terms and Conditions;
the Customer’s failure to comply with these Terms and Conditions;
any wrongful act or omission by the Customer;
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.

Availability:

The Customer has requested to avail himself/herself of the Mobile Application Service, which the Bank at its sole discretion may discontinue at any time without any prior notice. The Mobile Application Service will be available only to Customers who are residents of Kuwaiti with account(s) maintained with the Bank.
The Customer shall personally use the service to conclude his/her transactions, and shall be solely responsible for maintaining the security and confidentiality of information (PIN/Card number) associated with this account.
The Customer assumes full responsibility for the security and confidentiality of his/her Mobile Device used to connect to the Mobile Application Service.
The Bank reserves the right to add or remove any of its existing services, products or features to or from the Mobile Application Service.
The Bank reserves the right to make any additions or deletions to the services offered through the Mobile Application Service at any time and at the sole discretion of the Bank.

Fees:

The Mobile Application 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 Mobile Application 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 Mobile Application Service shall be discontinued without any further notice to the Customer.
Upon the Customer’s consent, the Customer shall pay the Bank all relevant fees and charges for the use of the Mobile Application 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 NBK Mobile Banking fees and charges.

Disclosure: The Customer accepts that all information/instructions relevant to the Mobile Application 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.
Authority: The Customer hereby confirms, declares, and acknowledges that the Mobile telecommunication phone number(s) provided to the Bank in relation to the Mobile Application Service and in the control of the Customer and that, unless otherwise expressly provided to the bank in writing or through the 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 Mobile Application 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 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.
Processes:

The Customer is duly bound to acquaint himself with the detailed process for using the Mobile Application Service and the Bank is not responsible for any errors/omissions by the Customer.
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.
The Customer acknowledges that the Mobile Application 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.
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 not availability of, the Mobile Application. The Bank shall not be held liable in any way to the Customer in connection with the Mobile Application 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.
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.
By agreeing to these Terms and Conditions of the Mobile Application, 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.

Termination & Addition:

The Customer may request termination of the Mobile Application Service at any time by logging in to Mobile Application or calling the Solutions Center telebanking service.
Notwithstanding any other provision of these Terms and Conditions, the Bank may in its absolute discretion, change, suspend, restrict or terminate the Mobile Application Service immediately and without any notice or liability to the Customer or any other person.
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 Mobile Application Service at any time and without any notice or liability to the Customer or any other person.
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 Mobile Application Service and anything arising out of, related to, or connected with the Customer's prior use of the Mobile Application Service.
Closure of Customers account(s) shall automatically result in the termination of Mobile Application Services.
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 Mobile Application registered mobile phones regarding its products, services or any related matter, without the express prior consent of the Customer.

Accuracy of Information:

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 Mobile Application 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.
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.

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

to any party in connection with the Mobile Application Service provided by the Bank and/or its intermediaries to the Customer, including information related to the cause for termination of the Mobile Application Service.
to any other bank/association/financial institution or any other body in respect of any negative information concerning the Customer.
To parties contracted with the Bank to provide relevant services to customers.
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 Mobile Application Service.

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 Mobile Application 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 Mobile Application Application Form. The Customer agrees to be responsible for all unauthorized or invalid Customer instructions acted upon by the Bank through the Mobile Application 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 Mobile Application 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 the Mobile Application.
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:

The Customer Instruction is not in accordance with these Terms and Conditions or any other agreement between the Bank and the Customer.
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.
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.
The effect of the Customer Instruction would exceed a limit imposed by the Bank upon the Customer or Mobile Application.
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 Mobile Application Service generally.
The Bank was unable to process the Customer Instruction for any reason whatsoever.
There was an operational failure or malfunction in connection with the transmission of the Customer Instruction or Mobile Application generally.
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 Mobile Application may be accessible outside such hours.
The Customer agrees to comply with any and all instructions and recommendations issued by the Bank regarding Mobile Application, including without limitation the security recommendations contained in any NBK Mobile Banking documentation and on NBK Online Banking. 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 Mobile Application, 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 Mobile Application, 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 Mobile Application 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 Mobile Application Service from time to time without any prior notice or liability to the Customer or any other person whatsoever.

Records:

All records of the Bank relating to the Account and/or arising out of the use of Mobile Application, including the recorded time of any transaction implemented by the Customer, shall be conclusive proof of the genuineness and accuracy of the NBK Mobile Banking transactions in the Customer’s Account(s). The authority to record any transaction details is hereby expressly granted by the Customer to the Bank.
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.

Customer Declarations:

Customer acknowledges that he has the qualification and the power required to open and operate his personal account with the Bank by himself and that he is not subject to the circulation no. (2, RB, RBA, 350, 2051) issued by Central Bank of Kuwait related to customers with special needs.
The Customer declares, in respect of the account opened through Mobile Application, that he is the ultimate beneficiary of the account.
The Customer acknowledges the validity and accuracy of the information and data provided by him/her, which has been filled out via the electronic form. The Customer shall accept all liability relating to any inaccuracy or invalidity of such information.
The Customer acknowledges and consents to the application of all regulatory controls over the information that has been provided through Mobile Application when opening the account. In the event there is a suspicion of such information or the violation of any applicable regulations of the Bank, the account opening process will be terminated with without completing the account opening procedures.
The Customer shall authorize the Bank to verify the accuracy of the information entered by him/her with the Public Authority for Civil Information “PACI” databases directly or through a third party authorized by Public Authority for Civil Information “PACI”.
The Customer declares that he/she accepts dealing in electronic means and is subject to the provisions of Law No. 20 of 2014.
The Customer agrees to authorize the subscriber (Weyay Bank/ National Bank of Kuwait/ Bank) to inquire about all my data and information from the Central Risk automated system of the Credit Information Network Company. I also declare my unconditional consent that the subscriber (Weyay Bank/ National Bank of Kuwait/ Bank) provides all my credit and personal data and information stored in its systems to the Credit Information Network Company under the contract concluded between them for the exchange of credit information and business rules established by the Central Bank of Kuwait, including my personal basic information registered at the Public Authority for Civil Information and all my credit data and information with analytical and detailed information, including my credit rating indicators for all types of transactions and credit facilities of all kinds and names, whether for consumer or housing purposes, credit cards or any other related purposes, guarantees of all forms and all credit facilities granted by way of sale in any form of ownership transfer by installments for goods and services in accordance with the provisions of Law No. (9) of 2019 on the organization of the exchange of credit information and its executive regulations and the regulations and controls issued by regulatory authorities and the subsequent amendments thereto, without any responsibility on the Credit Information Network Company for any consequence of the incorrectness or inaccuracy of the personal or credit information contained in the credit report, or in case of violation or non- compliance with the Law of the Civil Information Authority Law No. (32) Of 1982 or the provisions of Law No. (9) Of 2019 governing the exchange of credit information and all related laws and any amendments to those laws, decisions and controls issued or will be issued in implementation thereof without objection or reservation.

 

Second – Accounts General Terms and Conditions:

The operation of the account shall be assigned to its holder (the Customer), his representative, his legal deputy or his attorney, and no expiration of the capacity of whomsoever operates the account shall be recognized unless the Bank receives a written notification, thereof.
The Customer, hereby, authorizes the Bank to collect the amounts of the commercial papers and the other banking transactions and to credit the net value, thereof to his account with the Bank, in accordance with the systems applicable at the Bank.
The Bank shall have the right to automatically deduct from the Customer’s account all expenses related to maintaining the account, plus commissions as well as any amounts credited to his/her account by error.
All of the Customer’s accounts with the Bank, or any of its branches, subsidiaries or affiliates inside or outside Kuwait opened at present or in the future, shall be deemed securing each other, notwithstanding their nature, names or currencies; and the Bank shall have the right to record in the debit side of any such accounts any amount due to the Bank from the Customer to settle the debited balance of the other accounts. The Bank shall also have the right to consolidate and unify any of the Customer’s accounts into one account and to effect set­-off between them, and to transfer from one account to another, in order to settle the Bank’s claims, without requiring the Customer’s prior consent. Furthermore, all the deposits of the Customer – in any currency – in terms of cash, commercial papers, precious metals and others, at the Bank or any of its branches, subsidiaries or affiliates inside or outside Kuwait, shall be deemed pledged as first class possessory pledge in favor of the Bank, to secure the fulfillment of all the Customer’s obligations towards the Bank, and without the need for any special declaration thereto. The Bank shall have the right to obtain his dues and receive his debts directly from the funds referred to through set-off, in terms of priority and preference to any other debtor, without the need for any warning or notification or any other measure. The signature of the Customer on the account opening application shall be deemed to be direct instructions from him to the branches of the Bank and its affiliates inside or outside Kuwait in order to enforce what have been stated above and to implement all terms and conditions governing this application. The Customer declares that he/she had informed these branches and affiliates of this application and that they shall recognize it, even if his/her signature on this application is different from his signature on their system.
The account statements shall be deemed correct unless the Bank receives a written objection from the Customer within thirty days from the date of the transaction or within fifteen days from the date of dispatching the statement to him via regular mail or emails, whichever is earlier. The Customer shall be deemed as to have received the account statement if the same is not requested within fifteen days from the specified date on which the same should have been sent to him. In all cases, the Bank shall not be responsible for any damage resulting from the use of the mail, whether for any delay or of the loss of mail, or disclosure of information resulting therefrom or any other reason.
The Bank’s books and records shall be conclusive evidence to prove the rights and obligations of the Customer while dealing with the Bank, and the Customer may not object to the correctness, thereof, by any means, whatsoever, unless the Customer proves otherwise.
If the account has become a debited account without prior agreement, the Bank shall have the right to charge interest and funds arrangement commission on the daily balance resulting from the statement of this account. Such interest, shall be calculated on the basis of the maximum contracted rate of interest imposed by the Central Bank of Kuwait in respect of the debit balance in Kuwaiti Dinars, and on the basis of the highest rate of interest that the Bank applies on the debits balance in foreign currencies; further the commission shall be calculated at 0.5% (half percent) monthly on the highest debit balance during the month, and without prejudice to the right of the bank to demand the Customer to immediately settle the debit balance, interest, due commission and any other expenses.
The Customer declares, in respect of the account, which is opened in his name, that he/she is the ultimate beneficiary of the account. The Customer accepts that the Bank shall have the right to obtain the information recorded under his/her Civil ID mentioned in this application and his/her work address, at any time, from the Public Authority of Civil Information and without any responsibility on the Bank nor the Public Authority of Civil Information. The Customer also acknowledges and authorizes the Bank and the Credit Information Network Company KSCC to exchange the information pertaining to him in respect of consumer loans and credit facilities through the sales by installments between banks and investment companies supervised by Central Bank of Kuwait and all the commercial companies and establishments that grant credit facilities through the sales by installments for goods & services and which are participating in the system of collection of statements and information as per the Law No.9 for the year 2019, without any responsibility on the part of the Bank or the Credit Information Network Company.
The Customer declares of his full responsibility and his knowledge of the consequences resulting from all deposit transactions which are credited to his account from any person or party, unless he objects to it within 15 days from the date of issuance of the statement incorporating such deposit or from the date of his knowledge of it by any other means, whichever is earlier. The Customer shall not deposit or accept depositing any suspicious funds or from unknown sources, whether they are in cash, transfers, cheques or others.
The Bank shall have the right, at its own and absolute discretion, to set aside any deposited and / or transferred funds to the Customer’s accounts in the event of any doubt that a money laundering operation is involved, without any responsibility on its part.
The Bank shall not be liable for any judicial attachments or orders from official government authorities to block accounts, or acts resulting from force majeure, unexpected events such as wars, civil and military strikes or any other reasons beyond the control of the Bank.
The Bank shall have the right, at anytime, to close the account without the need to stating any reasons and the Customer shall be obliged, upon being notified, thereof, to pay the debited balance and all amounts becoming due and interest thereon. In all events, debited interest shall be charged, after closing the account and calculated in the same way and with the same rate as used in the calculation of the contractual interest.
The Customer acknowledges his review and awareness of the Bank’s services as certified by the Central Bank of Kuwait tariffs and has obtained a copy thereof, which has been duly approved by the Central Bank of Kuwait. The Customer acknowledges his acceptance of all fees and commissions as set out therein and any amendments and additions related thereto in the future from time to time, and undertakes to make available sufficient amounts at the bank to cover these fees and commissions. Furthermore, the Customer, hereby, authorizes the Bank to debit such fees and commissions from any of the credit balances in his accounts at the bank. The Bank shall not be liable for any damages that might occur as a result of  the  reduction  of the credit  balance  of the account, and for - consequently- depriving the Customer from using the privileges of the Bank’s products.
The Customer acknowledges his/her awareness of and approves of the Bank’s right to transfer the Customer name from one package/segment account to another without the need to obtain his consent of the authorized person who operates the account.
The Bank shall have the right, at all times, to amend these terms and conditions as well as the terms and conditions specified for any type of accounts, without the need to obtain the Customer’s consent; and the new terms and conditions shall apply to all the opened accounts from the effective date, and the notification thereof, shall be made as the Bank deems appropriate.

 

Third- Specific Terms and Conditions for Using ATM Cards:

Subject to the Bank’s approval, an automated teller machine (“ATM”) card shall be issued to the Customer. In the event where the Customer has electronically chosen a PIN code for the ATM card as per the method described herein. The Customer hereby acknowledges that the PIN code is known only to himself/herself following choosing the same by himself/herself through the device specified for such purpose or through the Mobile Application. Customer further acknowledges that the ATM card can be used without PIN code in some points of sale (“POS”) for purchases outside the State of Kuwait. The ATM card shall - at all times – be deemed property of the Bank, and the Bank shall have the right to cancel its use and PIN code, or cease its usage or refuse its renewal, at any time. The Bank shall not be responsible as a result, thereof, and the Customer shall immediately return the ATM card to the Bank upon its cancellation.
The Customer undertakes to protect the card and the confidentiality of its PIN, and confirms his responsibility for all withdrawals and transactions to be made inside or outside the State of Kuwait by using such card with or without the PIN and undertakes not to expose the card or its PIN to the risks of being lost, will not cause the change of the details of the card and will not cause damage, thereof. The Customer shall be liable for all damages caused by having the card or its PIN kept in the hands of any of his followers or a third party. The Customer shall be responsible for any liability caused by the loss either of the card or its PIN, its theft, forgery leakage of information on it or the improper use, thereof; and shall take all legal procedures required and inform the Bank immediately in writing in order for the Bank to take the appropriate action. In any case, the Customer shall remain responsible for any withdrawals or transactions to be made by using such card and its PIN until the date of informing the Bank, thereof.
The Customer undertakes to maintain sufficient funds in his/her accounts with the Bank to cover all withdrawals and transactions made by using the ATM card – whether with or without PIN code - through ATMs, POSs, or internet. Cash withdrawals may not exceed the amount specified by the Bank for daily withdrawals through ATMs, POSs or internet. Further, the Customer is not entitled, under any circumstances, to overdraw his/her account unless there is a prior agreement with the Bank in this respect.
The Customer shall be liable towards the Bank for any loss or damage resulting from: the use or misuse of the ATM card - whether with or without PIN code- through phone or fax services; any unauthorized use of the ATM card – whether with or without PIN code; or the Customer’s violation of the terms and conditions relating to the ATM card. The Customer hereby undertakes to compensate the Bank for any such loss or damage.
The Bank shall not be responsible for any loss or damage caused directly or indirectly as a result of a technical error or breakdown in the ATM’s, or the Internet or the refusal of the card from any such machines or POSs, or the banks or the seller of the goods or the service provider (the “Merchant”). In the event the POSs or the banks agree to make a refund to the Customer, the Bank shall credit his account with the amount upon receiving written instructions from them to this effect and satisfying the commission applicable thereto, and the Bank shall not be responsible for any delays in receiving such instructions.
All withdrawals and transactions made by using the ATM card – whether with or without PIN code - shall be recorded on the Customer’s account(s) specified in the application or any other account(s) of the Customer with the Bank in accordance with the Bank’s applicable regulations. The Bank shall have the right to deduct the debited balance from the credited balance of any other account of the Customer with the Bank. The statements related to withdrawals or transactions made by using the ATM card – whether with or without PIN code – shall be deemed conclusive evidence of the Bank’s rights against the Customer.
All amounts due by the Customer as a result of issuance and usage of the ATM card shall be calculated in Kuwaiti Dinars, and for this purpose, any amounts relating to any transaction made in foreign currency, shall be converted into local currency (Kuwaiti Dinar) at the selling spot rate of Kuwaiti Dinar then applicable at the Bank against the foreign currency on the date the Bank receives statement of such amounts. All amounts shall be recorded on the account connected to the ATM card in addition to a percentage determined by the Bank with a maximum of 2.75% of the value of the transaction made outside the State of Kuwait, and the Customer hereby acknowledges and approves the same. The added percentage represents costs linked to the ATM card transactions’ processed outside the State of Kuwait, such as mandatory costs, settlement costs and mandated costs, as well as to cover risks of foreign currency exchange rate volatility and losses associated with fraud and forgery.
The Customer may use his/her ATM card – whether with or without PIN code – to electronically transfer funds at POSs or on the internet for purchase of goods or services which payments thereof are guaranteed and irrevocable. Purchase of goods or services by using the ATM card – whether with or without PIN code - at POSs or through the internet, shall be at the risk and sole responsibility of the Customer and the Bank shall neither guarantee nor be held responsible in this respect whether towards the Customer or any merchant. The Bank shall not be involved in any objection by the Customer regarding such goods or services irrespective of whether such objection is due to non-receipt of goods or services, delay in delivery, product defects, or any other reason whatsoever; and the Bank shall not be responsible for any loss or damage, whether directly or indirectly, arising therefrom. Furthermore, the Bank shall not be deemed party to any dispute that may arise in this respect between the Customer and the merchant. The Customer, shall in all circumstances be responsible – despite his/her objection or dispute – towards the Bank for all amounts, expenses and commissions debited to his/her account(s) with the Bank.
The Bank may cancel the card upon holding the same at any of the ATMs, in which case, the Bank may issue another card with new fees.
The Customer may use the card to receive other services announced by the Bank from time to time against payment of the fees and commissions determined by the Bank; and the Bank shall have the right, at anytime, to cancel or stop or amend all or part of such services and shall have the right to amend the fees and commissions applicable thereto.

 

Fourth- Specific Terms and Conditions for the Use of Solution Center Service:

The Customer agrees that the Bank shall record all telephone calls made with the Customer.
All entries and transactions that are conducted on the account of the Customer pursuant to this service, shall be considered as conclusive evidence and binding upon the Customer, and the Customer, solely, shall be fully responsible for all transactions made by the use of this service and actions resulting from such use, and the Customer shall compensate the Bank for any direct or indirect damages resulting there from.
As the use of this service does not happen unless the Customer uses his/her ATM PIN number, the Customer shall be bound by the terms related to the confidentially of his/her PIN, as stipulated in the terms and conditions for using ATM cards, and he declares that he shall be responsible for all actions resulting from the use of the pin to obtain Solution Center services. The use of the PIN to obtain this service, shall be considered as a valid and sufficient reason for the Customer to be fully responsible for all transactions, even if not concluded by the Customer himself/herself. As further confirmation of the foregoing, the Customer shall have no right to dispute the accuracy of the telephone call recording, or that the voice recording is not his/hers, as long as the transaction has been performed by the use of the PIN, unless the Customer, prior to performing such transactions has informed the Bank of the loss of the PIN or its disclosure to third parties. Further, the Customer has no right to demand the recorded copy kept with the Bank after the expiry of the retention period applicable thereto.
The Bank shall have the right, in its sole discretion, at anytime, to abstain from executing these instructions, addressed to it through the use of this service. The Bank shall also have the right to suspend this service in whole or in part without giving the reason thereof, and without the need for any warning or notification, and without being responsible whatsoever for the Bank`s failure to abstain or stop, in whole or in part the execution of such instructions.

 

Fifth- Terms and Conditions for Money Transfer and Payment Instructions:

‏The Customer hereby agrees that the Bank shall have no responsibility if the transfer is delayed or not processed due to unavailability of sufficient funds or mistaken statement of insufficient information in the transfer application or due to restrictions on transfers or if the amount is withheld or requisitioned by the local or foreign authorities, or in case of suspicion that the transaction relates to money laundering or for any other causes beyond the Bank’s control.
Correspondent bank fees shall be borne by the beneficiary unless the Customer elects to bear such fees; whereby the Bank in the latter case shall calculate the estimated costs of such banks and the customer hereby undertakes to pay any additional expenses claimed by the correspondent banks. Note that the selection of the Customer to bear correspondent banking fees does not prevent the beneficiary’s bank from deduct other fees of the transfer.
In case the value of this transfer is unpaid, the Customer may only reclaim the value thereof at the currency buying rate of the day in which the refund takes place. The Customer cannot claim the refund until Customer returns the draft or other documents received by the Customer from the Bank and after the Bank has received final notice from its correspondents that the transfer has not been paid and that the original instructions relating thereto have been cancelled.
It is understood that the Bank and its correspondents shall have no responsibility for any consequences resulting therefrom of any irregularity, delay, mistake, telegraphic or technical error in executing the instructions. The Customer agrees that the Bank and its correspondents shall have no responsibility for the delay in payment due to their obtaining the required confirmations for the correctness of the information stated in the transfer application or the payment instructions containing names and statements. Also the Customer undertakes to indemnify the Bank and its correspondents against any loss which they may incur as a result of the aforesaid, in all cases, the Bank shall not be liable for any loss that may result from the execution of this transfer or from any mistake or negligence on the part of any of its correspondent banks.
In the absence of other impediments, the Bank shall transmit the transferred amount to the beneficiary’s account on the business day following the date of transfer. The transfer period can take up to 3 business days until the amount is credited in the beneficiary’s account. The Bank shall bear no responsibility if the transfer to the beneficiary’s account is not executed during the aforementioned period.
In case the Customer is exposed to fraud or error during a fund transfer, Customer should contact the solutions center immediately in order to take the required action without any liability on the Bank towards the Customer in relation to recovery of the value of the transfer.
The Customer expressly acknowledges that the transfer order may not be revoked and that the transferred amount may not be refunded if the transferred amount is credited into the account of the beneficiary, and that refunding the transferred amount – in case the transfer order is revoked – is conditional upon the approval of the beneficiary bank prior to crediting the amount into the latter’s account or the consent of the beneficiary if the amount has been credited to the beneficiary’s account.
The Bank warns the customers that some banks accept and process transfers based on the account number (or the International Bank Account Number IBAN) even in case of mismatch between the account number and the name of the beneficiary. The Customer hereby discharges the bank and the beneficiary’s bank from any obligation – on either of them – to verify the beneficiary name or account number to complete the transfer.
‏This transfer is subject to Kuwaiti Law and the jurisdiction of Kuwaiti Courts.

Sixth- SMS and Push Notifications:

The Customer shall be responsible of informing the Bank with any changes on his mobile number.
Mobile holders using roaming services will receive SMS alerts in USD when using their debit cards outside Kuwait.
If you are outside Kuwait, messages are received outside Kuwait through Kuwaiti mobile numbers only. It is Customer’s responsibility to arrange with the telecommunication provider to keep their Kuwaiti numbers active if they need to receive messages outside Kuwait.
Messages and notifications may be received on transactions that are conducted through all available active accounts.
The Bank will not be responsible of any losses or problems if messages were not delivered due to a technical error with any of the telecommunication providers which may prevent the receipt of messages or notifications.
The Bank shall have the right to automatically enroll any new issued products (accounts or cards) with the SMS service. Customers can disable or enable the service on selected accounts \credit cards.
By enabling Push Notification service, SMS service will be de-activated by default.

Seventh- Pay Via Link Service

Pay Via Link Service is a service is offered on Mobile Application where Customers can easily and securely receive money in their account from any local bank through third party ( K-NET ) and the account will be credited immediately.
The service is available around the clock, including on official holidays.
Customers can select the amount to be credited into their accounts.
Amount to be credited in Customer’s account shall be in KD.
The Pay Via Link Service allows Customers to choose the method of sending the link provided by the Bank to any other person, via SMS, email or WhatsApp.
The Bank shall not be responsible for any damage or loss that may be suffered by Customer due to the use of the Pay Vial Link Service.
The minimum daily amount per transaction is KD 1 and the maximum daily amount is KD 3,000. Whereas the monthly limit that may be utilized via the service is KD 10,000.
The maximum number of transactions per day is 10 transactions.
Transactions may be rejected in case Customer has exceeded the daily, monthly, or transaction limits allowed under the service.
Without prejudice to the terms and conditions of this service, the terms and conditions of Weya account shall apply to the Pay Via Link service when used by the Customer.

 

Eighth- Other Terms, Declarations and Conditions:

In case of contradiction between the Arabic and English versions of these Terms and Conditions, the Arabic version shall prevail.
The Bank shall not charge any fees in relation to the account opening through the Mobile Application.
The Bank shall have the right, at all times, to amend these terms and conditions, without the need to obtain the Customer’s consent; and the new terms and conditions shall apply to all the opened accounts from the effective date, and the notification thereof, shall be made as the Bank deems appropriate and without any objection by the Customer.
The Customer agrees that Weyay Bank and NBK (including its local branches, its subsidiaries, and parties contracted with NBK) shall have the right to use information provided by the Customer and which was obtained through the following channels: via the Internet, the Website, records, operating system, or device information.
The Customer may only use the Mobile Application Service for legitimate banking purposes, and only in accordance with these Terms and Conditions. The Customer shall not use these services for any purpose that does not comply with socially acceptable standards of conduct and decency, including purposes related to products, services, or business establishments that engage in or are tied to illegal activities under the laws of Kuwait.
The Customer acknowledges his agreement to the Bank’s investigation - through his staff and his representatives – on the place of residence and/or workplace and the correctness of the information and data recorded about him at the Bank, and to follow-up for updating these details. In addition, the Customer authorizes the Bank to disclose the data and information related to the financial liabilities of the Customer at the Bank to any of the staff and representatives in the workplace of the Customer, whether registered with the Bank at the time of borrowing, or that he/she joined afterwards, and the Customer herby, releases the Bank, its staff and its representatives from the responsibility for any damages that the Customer may incur directly, or indirectly, as a result of the disclosure of such information and data.
The Customer acknowledges that his address as shown in this application constitutes his selected domicile in respect of all his accounts at the Bank and in connection with any dispute or litigation that may arise before the courts at all levels, including any obligatory enforcement procedures, and all legal correspondences and any judicial notices sent to him by the Bank to his address or by fax or registered/ preferred mail, shall be deemed to be validly and legally served on him, and such selected domicile by the Customer, shall be considered as the legal place for his official notification of all correspondences sent to him relating to his account at the Bank, and any change of his domicile or the Post Office Box number or fax number, shall have no legal effect until the Bank receives in writing, a notice for such a change by registered mail.
The Customer agrees that this application and all information and documents related thereto, are the basis for requesting any new account to be opened at the bank. The Customer also acknowledge that he has read the aforesaid terms and conditions for operating the accounts and agree that such terms and conditions shall apply to all of his accounts, which shall be opened now and in the future at the Bank.
The Customer acknowledges and warrants that all information provided in this application form is true, accurate, and complete, and the documents submitted along with the application request are accurate. The Customer shall be obligated to notify the Bank, in writing, of any changes related to such information, and shall update the information whenever requested to do so by the Bank. The Customer declares that he/she is the actual beneficiary of the account, and acknowledges his awareness of the cases in which the Bank shall have the right to disclose information related to the Customer. Such discloser may be granted by way of written consent of the Customer or in the cases where such disclosure of information is required by law to judicial authorities, the Public Prosecution, or regulatory authorities. The Customer also hereby declares that, in the event of he/she being subject to any foreign tax laws requiring information to be shared by the Bank with the foreign government to whose tax laws he/she are subject, or with its representatives, the Customer explicitly agrees to the Bank’s full compliance with such foreign government’s instructions and requests for information without the Bank’s need to notify him/her or to seek his/her additional consent. The Customer understands and acknowledges that this declaration is with respect to all of the Bank’s products and account types and covers transactions, balances, supporting information, and any enquiries from the requesting government or its representatives. To facilitate the Bank’s compliance with the foreign tax laws to which the Customer is subject, the Customer hereby undertakes to provide the Bank with any documentation requested by the foreign government to whose tax laws whom the Customer is subject, or to its representatives. The Customer further agrees to provide and/or update the above-referenced documents as and when required by the terms and conditions set by the foreign tax authority to which the Customer is subject. The Customer understand and agree that this declaration is final and irrevocable, and that it is not subject to cancellation or amendments.

 

 

Ninth- Applicable Law and Jurisdiction:

Any dispute that may arise in respect, hereof, shall be subject to the Kuwaiti Law and to the jurisdiction of the Kuwaiti courts, and the Customer, hereby, confirms his submission to the local jurisdiction of the courts of the governorate of the capital of Kuwait.