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Terms and Conditions for Liv Services
Terms and Conditions for Liv Services
Please click here for updated General Terms and Conditions effect December 15th 2023
These Terms and Conditions for Liv Services are divided into multiple sections. You can also find these Terms and Conditions on our website www.liv.me. Please read these Terms and Conditions for Liv Services carefully before accepting. You agree and understand that by clicking and accepting the Terms and Conditions for Liv Services you confirm to have read, understood, acknowledged and accepted these Terms and Conditions to access and use the Liv App and Liv Services. These Terms and Conditions for Liv Services govern the access and use of the Liv App, Liv Account, Liv Lifestyle Account and in general all the Liv Services. Other terms and conditions may be applicable to certain specific products, services, offers or contests made available on the Liv App either directly or through third-party sites. If there is any conflict or inconsistency between these Terms and Conditions for Liv Services and other specific terms and conditions, then those specific terms will prevail to the extent of such offers, products and services.
- Section 1: Definitions and Interpretations
- Section 2: General Terms and Conditions applicable to Liv Account
- Section 3: General Terms and Conditions applicable to Liv Lifestyle Account
- Section 4: General Terms and Conditions commonly applicable to Liv Account and Liv Lifestyle Account
1. Definitions and Interpretations
1.1 Definitions and Terminologies
The following words and phrases have the meaning set out below unless the context indicates otherwise: Account: means and includes Liv Account as may be created from time to time or as the case may be.
AECB: means UAE’s Al Etihad Credit Bureau.
Affiliate: means in relation to any person, any entity controlled, directly or indirectly, by the person, any entity that controls, directly or indirectly, the person or any entity directly or indirectly under common control with the person. For this purpose, "control" of any entity or person means ownership of a majority of the voting power of the entity or person.
Billing Organisations: means any Third-party billing organisation/s registered with Liv/our partner organisations to which payments can be made using your Account.
Bill Payment: means a service provided through the Liv App for making payment from your Account to Billing Organisations.
Cellular Service Provider hereafter referred to as "CSP": refers to the GSM/GPRS/EDGE/WI-FI Service provider (for operation of Mobile Phones/Devices etc).
Content: means and includes any information, images, links, sounds, graphics, video, software or other materials, including quotes, news and research data, made available through the Liv App.
CB: means The Central Bank of the UAE
EIDA: means Emirates Identity Authority of the UAE.
EDC:means "Electronic Data Capture". EDC machine is used to facilitate debit/credit card payments.
Electronic Alert: means and includes in-App notification and/or SMS/email notification sent to you on your registered mobile number/Liv App/your registered email address.
Electronic Instructions: means any communication, instruction, order, message, data, information or other materials received by us through the Liv App using Security Codes.
Electronic Statement/e-Statement: means a consolidated statement of accounts as per Bank's record for each Account available on the Liv App.
ENBD: means Emirates NBD Bank (PJSC).
Liv: means a brand owned by ENBD. All references to Liv in this Terms and Conditions would mean a reference to ENBD for all purposes.
Liv Account: means a bank account opened or to be opened using the Liv App.
Liv App: means an application for a Mobile Device that can be downloaded by you from a designated location or application store.
Liv Card: means a physical debit card which includes any replacement or renewed card issued by us to you at your request or otherwise.
Liv Channels: means and includes any platform used or which may be used for accessing Liv Services.
Liv Group: means and includes ENBD and its Affiliates.
Liv Lifestyle Membership Service: means a product offered by Liv through its Liv App which provides lifestyle related valued added offers, information and promotions for the Customer.
Liv Lifestyle Account: means an account where Customer has subscribed for Liv Lifestyle Membership Service.
Liv Services: means all banking services, Liv Lifestyle Membership Service and other value added services as may be made available from time to time, carried out or availed by you through the Liv App.
Mobile Phone/Device: means the handset with requisite accessories, equipment attachments and other software which maybe owned/possessed by you and/ CSP.
Notification: means an electronic alert sent to you on your registered mobile number/Liv App/your registered email address.
Password: means the unique sequence of alphabets and/or characters used to log in to the Liv App.
Personal Information: refers to the personal information provided by you to Liv
Point of Sale Transaction(s): means any payment initiated at a cash register or other payment interface that utilises either the chip or magnetic stripe of a physical Debit Card.
Providers: means and indicates any person or entity with whom Liv has a partnership for rendering Liv Services either directly through the Liv App or through third-party sites or applications.
Security Codes: means and includes Password, personal or log-on identification numbers, One-Time-Passwords (OTP) and other codes and access procedures including in-App notifications or short messaging service (SMS) for use in connection with access to and use of Liv Services extended by us from time to time.
Security Devices: means any smartcards, tokens, electronic devices, hardware or any other equipment given by us to you from time to time in order to enable you to access and/or use Liv Services.
Taxes: means taxes including any goods and/or services tax, value added tax, excise tax or other tax or duty that may replace such tax and/or duty or be levied in addition to any existing tax and/or duty, by whatever name called.
Third-party Provider/Third-party: means and indicates any person or entity with whom Liv has a partnership for rendering Liv Services either directly through the Liv App or through third-party sites or applications.
Transaction: means any transaction or operation made or performed, processed or effected through Liv Services by you or any person purporting to be you, or any person purportedly acting on your behalf, with or without your consent, including: Any payment or fund transfer from the Account; and
• Any administrative function including without limitation the request for issuance of new Security
• Any other banking transaction that may be made available through Liv from time to time (including making bill payments); and
• Any banking transaction carried out through any Liv branch.
• Transaction History: indicates details of all the Transactions entered into or performed using the Liv App and includes Transactions carried out in any Liv branch.
UAE: means United Arab Emirates.
User ID: means an identification through which you can access the Liv App and the products and services offered by Liv
Website: refers to the Liv Website which is at www.liv.me
Business Day: means any official working day on which the Bank is open for business in the United Arab Emirates
Cut-off time: means the deadline established by the Bank from time to time by which a particular type of transaction such as bill payments, fund transfers, etc. can be initiated or completed
Value Date: means the date on which the funds pertaining to a Financial Transaction are made available to the beneficiary
Agent: means person(s), either physical or autonomous robot, appointed by the Bank to provide all or any part of the Banking Service
SWIFT: Society of Worldwide Interbank Financial Telecommunications, a computer network which provides interbank communication facilities worldwide
Customer’s Instruction: means the instructions given by the Customer to the Bank from time to time regarding operation of the Account either via the Liv App, registered email address, Call or in person .etc.
Home Currency: means the official legal currency accepted by the Country (e.g. INR for India, PKR for Pakistan .etc.)
Indicative Rate: means the suggested rate, which can vary from the actual rate that is used at the time of effecting the transaction
Unverified Liv Account: Customer who has created a Liv Account but has not received their Liv Card
Verified Liv Account: Customer who has created a Liv Account & who has received the Liv Card.
1.2 Interpretations
In these Terms and Conditions, unless the contrary intention appears:
a. "You" and "your" or "Customer" mean the customer. "We", "our" and "us" refers to Liv and its successors and assigns or to any "Affiliate" if any services are being provided by an Affiliate under these Terms and Conditions. Any reference to:
i. An "amendment" includes a supplement, modification, novation, replacement or re-enactment and "amended" is to be construed accordingly.
ii. An "authorisation" or "approval" includes an authorisation, consent, clearance, approval, permission, resolution, license, exemption, filing and registration.
b. "Law" includes any constitution, statute, law, rule, regulation, notification, ordinance, judgment, order, decree, authorisation, or any published directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of registration or thereafter and each as amended from time to time.
A user (individually a "User" and collectively, "Users"). Singular includes the plural (and vice versa). Headings in these Terms are inserted for convenience of reference only and are to be ignored in construing and interpreting the Terms. Reference to the words "include" or "including" will be construed without limitation. Reference to a gender will include references to the female, male and neuter genders.
2. General Terms and Conditions applicable to Liv Account
Upon upgrading to Liv Account, the Liv Lifestyle Account is converted into Liv Account. This section is only applicable to Liv Account if you upgrade from Liv Lifestyle Account to Liv
2.1 Liv Account
Upon successful upgrade and acceptance of these Terms and Conditions your Liv Lifestyle Membership Account will be converted into Liv Account. This is a one-time, non-reversible conversion.
2.2 Eligibility for Liv Account Opening
a. You have a valid and active Liv Lifestyle Account
b. You are over 18 years of age with capacity to contract in accordance with the applicable laws in the UAE.
c. You have a valid Emirates ID Card issued by the EIDA.
2.3 Features of the Liv Account
Following are the features of a Liv Account. At the sole and absolute discretion of Liv, these features may be changed any time without prior notice or consent of the Customer. For the latest features, you will have to check the Liv App.
Single Operation: An individual who fulfils the eligibility criteria mentioned above can open and operate Liv Account on his/her own. Joint account or joint mandate for operation of Liv Account is not permitted.
One Account per Customer: Only one Liv Account can be created for a single valid EIDA card.
Cheque Book: No Cheque Book will be provided.
e-Statements: E- statements can only be accessed using the Liv App.
Technology Dependency: Liv Account for selected content is handset/operating system dependent. This service is currently available on iPhone with iOS 9 and above and Android Phones with Android version 5.0 and above. There will be no obligation on Liv to support all the versions of the Mobile Phone software.
Cash Withdrawal: A verified customer can withdraw up a maximum of AED 15,000 per day via any Emirates NBD or Emirates Islamic ATMs, using the activated Liv Card. Customers who withdraw cash from non-Emirates NBD or Emirates Islamic ATMs may incur relevant fees imposed by the respective banks.
Transactions: Only Electronic Instructions will be provided. No outgoing cross border foreign exchange transactions are permitted through the Liv App unless such transactions are carried out using the physical Debit Card.
Transactions: Only Electronic Instructions will be provided.
Top-Ups: Top up is possible using any UAE bank’s debit Card. An account can maximum be topped-up 10,000 AED in a calendar month. The Customer will be required to provide the necessary security verifications before the Transaction is submitted.
Welcome Kit: A Verified Liv Account will receive a Welcome Kit, which will contain the Liv Card that can only be activated via the Liv App.
Liv Card: The Card is only enabled for Cash Withdrawal and Balance Enquiry. All other payments and transfers will have to be performed on the Liv App
2.3 Liv Account Opening
Liv Account may be opened by an individual by upgrading his/her Liv Lifestyle Account on the Liv App. The applicant should have a valid Emirates ID card issued by EIDA and he/she should be of minimum 18 years of age.
2.4 Withdrawal and Interest
Withdrawal: Withdrawals from Liv Account can be made to the extent of clear balances. Liv Account will not be overdrawn. No withdrawals by way of Liv Card, Electronic Instructions or any other manner will be issued in anticipation of realisation of any other instrument or against unclear effects, Liv is not obliged to honour such debit instructions.
Interest: Rate of interest on Liv Account is subject to change from time to time at the discretion of Liv and/or in accordance with directives from UAE Central Bank. For the latest interest rates on Liv accounts, please click here
Minimum Balance: You may be required to maintain minimum balance as may be decided by Liv from time to time. Liv reserves the right to close your account in case of irregular/improper conduct or suspected irregular/improper conduct of the Account, including non-maintenance of stipulated minimum balances, etc.
Transaction Limits: The following transaction limits will apply to transactions on a Verified Liv Account and is subject to change from time to time at the sole and absolute discretion of Liv
Debit Card top-up
1. maximum value in a calendar month: AED 10,000
2. Not more than two (2) transactions per day are allowed using a non Liv Card to fund your Liv Account
3. Maximum value per transaction limit per recharge: AED 5,000
2.5 Fees and Charges for Transactions
Transactions through Liv App: All transactions which are permitted and are carried out through the Liv App may incur applicable charges unless otherwise set out in these Terms and Conditions or the applicable law or regulations. Transactions at the Branch: All transactions which are permitted and are carried out at the Branch may incur applicable charges unless otherwise set out in these Terms and Conditions or the law or applicable regulations. Liv Card issuance charges: Liv reserves the right at any time to charge you for the issuance or reissuance of a physical Debit Card. For details on the Fees and Charges, please refer to the "Liv Charges" page on the Website.
2.6 Right to Withhold Payments
Any sum that may be payable by us to you will be subject to all applicable laws, including any withholding tax requirement, foreign exchange restriction or control. You agree and acknowledge that pursuant to the foregoing, we may perform, or cause to be performed withholding of any monies payable to you, deposit any such monies into a sundry or other account and/or retain such monies pending determination of the applicability of such withholding tax requirement, foreign exchange restriction or control. Liv will not be liable for any losses that may be incurred by reason of such withholding, retention or deposit.
2.7 Deposits
All deposits and credits to Liv Account will be subject to verification/realisation by Liv
2.8 Statements of Account & In-App Alert
A monthly Electronic Statement will be available on the Liv App as per Liv's record. The Electronic Statement will be available for download on a frequency as determined by Liv Unless disputed by you within 14 (fourteen) days of the Electronic Statement being made available for download, the same will be deemed to be correct. Liv will be free from all claims in respect of and any and every Transaction shown in the Transaction history of the Electronic Statement. Liv reserves the right to rectify discrepancies, if any, at any point in time. If you delay in examining the Electronic Statement or in reporting a discrepancy or problem, it may affect our ability to rectify the discrepancy or resolve the problem, and you will be liable for the losses that may occur. You further confirm/declare that any lapse, omission, or negligence on your part to notify us about any such doubtful debit/withdrawal in time, will not render us liable for any consequences resulting therefrom. You authorise us to engage and utilise the services of Third Parties/Vendors for generation of Electronic Statements and/or other documents/material. In addition, we reserve the right, without prior notice to you, to add and/or alter the entries in the Electronic Statement and transaction advices, deposit advices and records. Without prejudice to the foregoing, at our discretion, we may, upon your request, allow you to receive an Electronic Alert in respect of Content provided by us from time to time. An Electronic Alert maybe be delivered by email, through Mobile Devices and/or other electronic means subject to the relevant terms and charges of your or any Third-party's network, telecommunication or Mobile Phone service provider(s). You agree and acknowledge that an Electronic Alert may be delayed or prevented by factors affecting the service providers and other relevant entities and we do not guarantee the delivery, timelines or accuracy of the Electronic Alert or Content. You also acknowledge that Electronic Alert may be subject to certain time lags and/or delays. We reserve the right to vary the features of any Electronic Alert and to suspend or terminate an Electronic Alert service at any time. We will not be liable to you or anyone else for losses, damages or expenses arising from (a) non-delivery, delayed delivery or wrong delivery of an Electronic Alert; (b) inaccurate or inadequate content; or (c) use or reliance by you or any third-party on the contents of an Electronic Alert for any purpose, including investment and business purposes. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, accuracy, adequacy, currency or reliability is given in respect of the Content. We further do not warrant the security of any information transmitted to you through Electronic Alert. You acknowledge and accept the risk of the Electronic Alert being accessed by unauthorised third parties. The data or information relating to Accounts provided by us (statements of account etc.) via Liv Services may not be conclusive as to the latest current balance as certain transactions may have been made without the relevant entry being made in time when the data or information was provided. The data or information provided is therefore not binding except where expressly stated. Further, the information provided to you through Liv is not updated continuously but at regular intervals. Consequently, any information supplied through Liv will pertain to the last downloaded Electronic Statement. Monthly statements of account for upto a year will be available through the Liv App; however, this duration is subject to discretion of Liv At our discretion, we may, upon your request, allow you to receive specific and timely prompts (collectively, the "Alerts") in respect of certain Content provided by us from time to time. Each Alert may be notified by email, pop-up screen in your browser and/or Mobile Devices subject to the relevant terms and charges of your network or Mobile Phone service provider(s). You agree and acknowledge that an Alert may be delayed or prevented by factors affecting the service providers and other relevant entities and we do not guarantee the delivery, timeliness or accuracy of the Alert. You also acknowledge that the information in respect of any Alert may be subject to certain time lags and/or delays. We reserve the right to vary the features of any Alert and/or to terminate any request for any Alert at any time. We will not be liable to you or anyone else for losses, damages or expenses arising from
a. Non-delivery, delayed delivery or wrong delivery of an Alert;
b. Inaccurate or incomplete content of an Alert; or
c. Use or reliance by you on the contents of an Alert for any purpose, including investment and business purposes.
2.9 Rights and obligations of Liv
Liv will execute a payment instructions/instruction issued and duly authenticated by you, unless:
a. The funds available in your Liv Account are not adequate or properly applicable to comply with the payment instructions/instruction and you have not made any other arrangement to meet the payment obligation.
b. The payment instruction is incomplete or it is not issued in the agreed form.
c. The payment instruction is attached with notice of any special circumstances.
d. Liv has reason to believe that the payment instruction is issued to carry out an unlawful transaction.
e. The payment instruction cannot be executed on account of a court order/instructions from police or regulator etc.
In addition,
a. No payment instructions issued by you will be binding on Liv until Liv has accepted it. Liv will inform you through such modes as may be available as soon as practicable the reasons for non-acceptance of the payment instructions.
b. Liv will, upon execution of every payment instructions executed by it, be entitled to debit your Liv Account, the amount of the funds transferred together with charges payable thereon. In case of an excess payment due to Liv by you on account of this activity, Liv reserves the right to adjust the amount against future balance in your Liv Account.
c. If the funds transfer is not complete before the end of the timing specified by you, Liv will notify you through such modes as may be available.
d. A duly authenticated record of the transaction after completion of the funds transfer will be recorded in the Electronic Statement given to you.
e. Liv can immediately close the Liv Account before activation and will not be obligated to provide reason for closure of such accounts if found that the information provided by the Customer was incorrect or not meeting Liv KYC policies during Liv Lifestyle Account opening or while upgrading to Liv Account. An email will be sent to Customer advising him to visit the nearest branch to collect the credit balance available in the Account.
f. Change in Mobile Number: The Customer has to advise us of any change in your mobile number. The new number will be registered after necessary verification in accordance with Liv's process and policies.
g. Loss of Mobile: In case of loss of mobile, the Customer can download the Liv App on the new handset and access Liv Lifestyle Account or Liv Account.
2.10 Foreign Exchange Accounts and Transactions
Foreign Outward Remittances:
1. All international transfer(s) will be effected in the home currency of the country in which payment is to be made, unless stated otherwise
2. The Customer agrees that in the absence of any specific instructions, all charges incurred outside the United Arab Emirates will be borne by the beneficiary.
3. All charges mentioned at the time of transfer are exclusive of VAT.
4. All outward transfers are sent entirely at the customer's risk.
5. The Customer agrees that the Bank, its branches, correspondents, or agents shall not be responsible for any loss, delay, error, omission or mutilation arising in the transmission of cables telegrams or communications by electronic systems.
6. The Customer shall be responsible for the accuracy of the particulars given in the payment order issued and shall be liable to compensate the bank for any loss arising on account of any error in the payment order. Customer agrees that the payment order shall become irrevocable when it is executed by bank. All payment instructions should be checked carefully by the customer before confirmation.
7. The Bank will, as part of its regulatory obligations, screen all outward payments to satisfy itself that the payment does not breach any local or international regulations including any regulation in connection with restricted beneficiaries. As part of this obligation, the Bank, its agents and correspondents reserve the right to seek from the customer/remitter any additional information with respect to the parties involved and purpose of the remittance/payment instruction. Bank reserves the right to perform the screening process at any point during the processing of the payment instructions, even after handing over an intermediary receipt to the customer. Payment instructions may not be completed or processed by the Bank until the additional details called for are provided by the customer. The customer agrees to indemnify the Bank, its agents and correspondents against any loss, cost, damages, expense, liability or proceeding which the Bank may incur or suffer as a result of acting upon, delaying to act upon or refraining from acting upon the said instructions.
8. In no event shall the Bank be liable for any loss of profits or contracts or special, indirect or consequential loss or damages suffered by the customer.
9. Transfers initiated post cut-off time will be processed on the next working day, including debiting of Customer’s Account.
10. The Bank shall have the right to not execute or stop the transfer request in case of insufficient balance in the account set out in the transfer application, or due to regulatory, compliance or suspected fraud. The Bank shall also have the right to deduct from the account(s) of the client who requested the transfer in case of deducting any amounts to do the transfer as a result of a computer, devices, or technical default, human or any other error.
11. The customer agrees that the Bank is not liable for any losses or damages arising from partial, incomplete, late or failed transfers or bill payments to any payee nominated under the Banking Service due to a reason beyond the Bank control.
12. The Customer agrees to not use International Transfers for business transactions
13. The Customer agrees to provide any additional supporting documents when deemed necessary. Failing which, the Bank reserves the right to not extend the banking service in the future
14. The Customer agrees and understands that the exchange rate shown in the App is indicative and is subjected to market fluctuations depending on when the payment transfer is executed.
15. Foreign Inward remittances: On any remittance received from outside the UAE in any Account, the remittance will be credited into the Account subject to the internal checks to be conducted by Liv The rate of conversion of foreign exchange for transactions will be as per the market conditions, which will further be subject to the Bank's final determination and decision and such charges and fees as may be prescribed by the Bank from time to time.
16. For foreign currency account with Liv, The Customer accepts all costs, expenses, and risk whatsoever in connection with any Account denominated in a foreign currency including without limitation, any legal or regulatory restriction international or domestic affecting the Bank and the Bank shall not be liable for any loss or delay pursuant thereto. Withdrawals in foreign currency notes shall be subject to their availability at the Bank’s branch. The Bank reserves the right to charge the Customer commission on cash deposits and withdrawals to/ from foreign currency Accounts if such deposits and withdrawals are not in the same currency as the Account. Conversion from one currency to another shall be at the Bank’s rate of exchange as determined by the Bank from time to time.
17. In the case of foreign currency transactions through Internet Banking Service, the overall maximum transferable amount is currently limited to the equivalent of AED 150,000 per Business Day (and may be subject to change from time to time) at the specific rate provided in the Internet Banking Service website or the Bank website, or such other limits agreed between the Bank and the Customer or determined by the Bank at its sole discretion without any notice to the Customer.
18. The Bank shall not be held liable for any exchange loss incurred by the Customer in converting or transferring the balance from one currency account to another currency account of the Customer or any third parties.
19. The Bank reserves the absolute right at all time to withdraw, amend or cancel any benefits, privileges or fees related to the Value Account and to amend and vary these terms and conditions at any time without any notice or compensation.
20. The Transfers (Financial Transaction) between the Customer’s own UAE Dirham Accounts with the Bank and transfers between the Customer’s own Accounts in foreign currency with the Bank will be made when the Customer’s Instructions are received by the Bank within the time scales advised in the Instructions.
21. In addition to any general right of set-off or other rights conferred by the law to the Bank, the Customer agrees that the Bank may at its sole discretion at any time and without notice, combine, or consolidate all or any of the Accounts of the Customer with the Bank in Dirhams (AED) or any other currency and set-off or transfer any funds available to settle any of the Customer’s obligations to the Bank.
2.11 Inconsistent terms
If there is any inconsistency between the terms herein and any other terms governing the relevant product and/or service, the terms herein will prevail insofar as they relate to our compliance with tax, reporting and/or withholding requirements (including but not limited to the FATCA as may be amended, superseded or replaced).
2.12 Account Closure
Liv may at its absolute discretion be entitled to close any Liv Account(s) with or without giving 30 days' notice to this effect to you. Liv will not be liable for any consequences arising out of such closure of any Liv Account including but not limited to return of instruments unpaid after the expiry of any such notice period. On closure of the Liv Account, Liv will remit the amount standing to the credit of the Liv Account, if any, by manager’s cheque to your communication address recorded with Liv You may close the Liv Account at any time with notice to Liv However, Liv will be entitled to refuse the closing of your Account till such time all charges, interest, expenses, dues etc. payable by you to Liv have been paid in full. Notwithstanding the above, the Liv Account may be closed at your request and in case any payment mandate issued by you is presented to us after the closure, you will alone be responsible if the payment mandate is returned or dishonored on account of such closure. You will indemnify and keep us indemnified against any loss or damage that we may suffer on account of closure of your Liv Account such as for charges caused due to return of payment instruments. Without prejudice to Liv's right to claim from any of your funds/assets/account(s) in Liv's possession or care, you hereby unconditionally, irrevocably and without demur agree and undertake to immediately pay Liv, in such manner as specified, upon Liv's written demand and without cavil or argument any sum or sums so claimed. Liv reserves the right to close your account in case of irregular/improper conduct of the Account including but not limited to non-maintenance of stipulated minimum balances, etc.
2.13 Discontinuation
You may terminate Liv Account Services by placing a request within the Liv App. Termination will not affect any rights or obligations accrued prior to the effective date of termination.
2.14 Death or Incompetence
If Liv is notified that a Customer dies or is declared incompetent to contract by a Court/competent authority, Liv may place a hold on the Account and stop all operations when any Customer dies or is declared incompetent or a restriction is placed on the Customer, although Liv may continue to levy charges/interest on such accounts and claim such amounts as are due to it under any bankers lien or otherwise. In case of death of the Customer, Liv may retain any and all funds in the Account until it establishes the identity and credentials of the successor to its satisfaction, which may include insisting on a succession certificate/probate of a will.
2.15 Suspension of Liv Account
Please note that in the following cases Liv at its discretion will be constrained to suspend Liv App/Liv Account.
a. No customer induced debits will be permitted in Liv Account if non-operational continuously for a period of one year unless you approach Liv and complete verification requirements.
b. No customer induced debit and credit will be permitted in Liv Account if Liv Account has been non-operational for a period of two years and above, unless you approach any Liv branch and complete KYC verification requirements defined by Liv for Liv Account.
c. In case of incomplete KYC verification, biometric authentication not being completed as per CB guidelines and/or Liv's internal policies or incomplete or incorrect information provided by the Customer.
d. If you do not regularly update (preferably every six months) your personal information and confirm the status/KYC verification.
e. If there is no customer induced transactions for one year the account will be termed as "Inactive" and for two years "Dormant" and for 10 years "Unclaimed". For Dormant and Unclaimed status accounts customer will have to complete KYC verification as per Liv's policy for activation of the account.
2.16 Terms and conditions governing remittances within the UAE
Liv will provide the remittance services within the UAE as a part of Liv's electronic payment services in accordance with the guidelines as stipulated by CB and subject to the Terms and Conditions specified herein:
2.16.1 Scope
a. This arrangement will govern every payment instructions issued by you.
b. You understand and agree that nothing in this arrangement will be construed as creating any contractual or other right against CB or any participant in the UAE Fund Transfer System (or any other fund transfer system mandated by CB) (together called as “UAEFTS”)other than Liv
2.16.2 Your Rights and obligations
a. You will be entitled, subject to other Terms and Conditions of this arrangement, to issue payment instructions for execution by us.
b. Payment orders will be issued by you in the form and manner set out, complete in all particulars. You will be responsible for the accuracy of the particulars given in the payment instructions issued by you and will be liable to compensate us for any loss arising on account of any error in the payment instructions.
c. You will be bound by any payment instruction executed by us if Liv had executed the payment instruction in good faith and in compliance with security procedures, provided that you will not be bound by any payment instruction executed by us, if it is proved that the same was not issued by you and that it was caused either by negligence or a fraudulent act of any employee of Liv
d. You will ensure availability of funds in your Liv Account properly applicable to the payment instructions before the execution of the payment instructions by Liv However, if we execute the payment instructions without properly applicable funds being available in your Liv Account, you will be bound to pay us the amount debited to your Liv Account for which a UAEFTS was executed by Liv pursuant to its payment instructions, together with the charges including interest payable to Liv
e. You hereby authorise us to debit to Liv Account any liability incurred to Liv for execution by us of any payment instructions issued by you.
f. You agree that the payment instructions will become irrevocable when it is executed by us.
g. You agree that you will not be entitled to make any claim against any party in CB’s UAEFTS except Liv
h. You agree that no special circumstances will be attached to any payment instructions executed under the UAEFTS Facility.
3. General Terms and Conditions applicable to Liv Lifestyle Account
The Liv Lifestyle Account will be governed by the Terms of Service for Liv Lifestyle Membership Service, which can be found on the Liv App.
4. General Terms and Conditions commonly applicable to Liv Account and Liv Lifestyle Account and generally applicable to all Liv Services
4.1 Liv Services
Liv will endeavour to provide to you through Liv Services such services as Liv may decide from time to time. Liv reserves the right to make additions/deletions and decide the type of services that any particular category of client may be offered on each Account and the same may differ from category to category. You can upgrade your Liv Lifestyle Account to Liv Account. Liv’s decision in this regard will be final and binding. As on this date, these services are available only through the Liv App. Liv Services are provided for your convenience. You make use of the facility at your own risk. Certain services which we offer are only available if you request for such services in the manner prescribed and the use of these services offered or made available to you, within or through the Liv App/Website may be subject to additional Terms and Conditions (“Additional Terms”) that we may notify you of, from time to time, by such notification methods as we may choose, including through the Liv App or our Website or via publication through any media. Such Additional Terms will be effective on and from the date specified in the notice. You may be required to indicate your acceptance of the Additional Terms prior to use of those services. Liv may provide you with various promotional offers/campaigns. Liv may cancel, suspend or vary any of the promotional offers/campaigns at any time without prior notice or assigning reason to you. If any disagreement or dispute arises from the promotional offer/campaign between the you and Liv, the decision of the Liv shall be final. Liv shall bear no responsibility or liability whatsoever in respect of any matter arising from or in connection with products and/or services provided by the merchants involved in the promotional offers/campaigns and/or any information provided by the merchants to you directly or through the Liv. You shall direct any dispute or complaint in respect of the products and/or services to the relevant merchant. Additional Terms with respect to the specific promotional offer/campaign shall apply in addition to these Terms and Conditions.
4.2 Use of the Liv Services on Third-party websites for Products and Services
The balance in the Account can be used by you for various purposes including money transfer, recharge, and payment for purchase of goods or services from any merchant/Third-party that is associated/registered with Liv for Liv Services. Use of the Account represents a payment instrument used for the above purpose and does not represent sale, resale, or licensing any of the products or the services that Liv reviews, lists, or advertises on its websites/App, and Liv disclaims any responsibility for or liability related to them. For your convenience, Liv Services may include, refer to or make available hyperlinks to other websites or content on the Internet that are owned or operated by Third Parties. Such linked websites or content are not under our control and we are neither responsible for the contents of or the consequences of accessing any such linked website, nor for any goods or services provided through any such linked websites. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk. In respect of Third-Party products and services, your correspondence or related activities with Third Parties, including payment transactions and goods-delivery transactions, are solely between you and that third-party. Under no circumstances will we be construed to be a party to any Transaction, if any, between you and any third-party products or services provider. We do not endorse, sponsor, certify, and are not involved in the provision of such third-party products or services and we will not be liable in any way for any products obtained and/or purchased from or services rendered by any such third-party. You will not involve us in any claims against or dispute with such third-party. Any questions, complaints, or claims related to any Third-party product or service will be directed to the appropriate Third-party. Liv may provide additional features and services which can be accessed using the Liv App/Website. These additional features and/or services are for your convenience and ease. You acknowledge that any feature which provides analysis or assistance is based on Transaction history, operation of the Account data, information and content available on the Liv App and may not reflect a completely accurate picture since all factors related to such analysis may not be available to Liv Liv will not be held responsible or liable for any decisions made based on such data and analysis. Neither we, the Providers nor the Affiliates will be liable to you (whether based on an action or claim in contract, negligence, tort or otherwise) for any decision made or action taken by you in reliance on or use of any Content. All Content is made available for information purposes only, except where expressly provided otherwise. Specifically, such Content is not intended nor will it be construed as financial, tax or other advice or as an offer, solicitation or recommendation of securities or other financial products. You acknowledge and agree that the Content is provided by Liv for your personal use and you undertake not to redistribute or transmit all or any of the Content to any third-party (whether free of charge or for consideration, in any manner or form whatsoever), without our prior written consent. If some content is uploaded by you on the Liv App you will be responsible for such content and you will ensure that such uploaded content does not contravene any applicable laws in force.
4.3 Bill Payment
You may make a bill payment/s from your Liv App to certain Billing Organisations. The Bill Payment facility is subject to the following:
a. You acknowledge and authorize that Liv is merely providing a platform for Bill Payment facility at your request.
b. Liv reserves the right to add or remove a Billing Organisation in the Liv App at any time.
c. In order to make a bill payment, you will be required to enter the identification details, relevant consumer reference number and such other details as may be required by each Bill Payment transaction and you will be responsible for the accuracy of the details provided.
d. You also agree to inform Liv of any change in identification details as registered with the Billing Organisation through the Liv App.
e. You consent to the Billing Organisation disclosing your billing details to Liv
f. Liv shall not be responsible for any erroneous payments including late payment charges, partial, incomplete, failed, loss, duplicate or incorrect payments made from your Account to any
utility company, credit card institutions(s) arising out of wrong input of credit card number, account number with the utility provider/company and any other information required.
g. You further confirm and agree to waive any right which you may otherwise have for holding Liv responsible for any mistake or omission caused by the Liv app and any delay by Liv due to reasons beyond its control in onward transmission of the funds to the any utility company, credit card institution(s) or any payee or Beneficiary which may result in disruption of the utility service or credit card related transactions.
h. You agree that the record of the instructions given and Transactions with Liv will be conclusive proof and binding for all purposes and can be used as evidence in any proceeding.
i. You agree that we are at liberty to withdraw at any time the Bill Payment facility, or any services provided there under, in respect of any or all Liv Account(s) without assigning any reason whatsoever, without giving you any notice.
4.4 Electronic Instructions
You further agree that Liv, its Affiliates and the Providers will be entitled (but not obliged) to act upon or rely on Electronic Instructions received from your registered communication address and/or using your Security Codes on Liv App and hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you and you waive all rights and remedies against Liv, its Affiliates and the Providers in respect of any loss, damage or expense thereby arising. You will be responsible and will be liable for all Transactions. Any risk of misunderstanding, error, loss, damage or expense resulting from the use of Liv Services are entirely at your own risk and Liv will not be liable therefore. You irrevocably and unconditionally authorize Liv to access your Account(s) for effecting banking (including Liv Services) or other transactions performed by you through the Liv App/Website. Liv will have no obligation to verify the authenticity of any transaction/instruction received or purported to have been received from you through the Liv App/Website or purporting to have been sent by you other than by means of authenticating through User ID/Password. All Electronic Instructions will be deemed to be irrevocable and unconditional upon transmission through the Liv App/Website and Liv will be entitled (but not obliged) to affect, perform or process such Electronic Instruction(s) without your further consent and without any further reference or notice to you. We are not obliged to give effect to any request to cancel or amend any Electronic Instruction. In the event you give an instruction to debit your Account for payment of an amount from the Account, the instruction will be executed on a real time basis unless otherwise specified by Liv. You will not be able to give any instruction to Liv to stop payment from the Account and the amount debited from the Account will not be reversed to the Account. If you have scheduled a transaction to be processed on a future date and such future date is a holiday in the Branch linked to your Account, such transactions will be executed on the next Business Day. However, if you have scheduled a transaction to be processed on a future date and wish to cancel the transaction and/or give any instructions to Liv to stop payment from the Account, you will be required to make such cancellations/give stop payment instructions online five (5) business days prior to the scheduled date of such transaction. You will ensure that there are sufficient funds in the Account for Transactions and we will not be liable for any consequences arising out of failure to carry out the instructions due to inadequacy of funds provided always that we will at our sole discretion, be entitled to carry out the instructions notwithstanding such inadequacy without seeking the prior approval from or notice to you and you will be responsible to repay with interest the resulting overdraft, advance or credit thereby created and for all related costs and charges.
4.5 Processing of Transactions
Certain facilities/services/Transactions that may be offered by Liv over the Liv App may be carried out instantaneously. However such facilities/services/Transactions may not be effected instantaneously or may not be available to be carried out instantaneously or otherwise at all times due to failure of the requisite systems and/or discontinuation of the same by Liv which will be the sole and absolute discretion of Liv and will also be subject to such limitations and restrictions as mentioned elsewhere in these Terms and Conditions. You will not hold Liv responsible for not processing/effecting any transactions transmitted by you over Liv or any consequences thereof since Liv is only provided as a convenience to you and Liv neither assumes nor intends to assume any liability for any transactions carried/not carried over Liv Without prejudice to the foregoing, Liv will also not be available during the period the systems of Liv are not functioning for any reason whatsoever. You acknowledge and agree that we may at any time:
a. at our sole discretion and without stating reasons, require that you identify yourself by alternative means;
b. require any Electronic Instructions to be confirmed through alternative means;
c. decline to act on the Electronic Instructions at any time without prior notice or giving any reason, including;
1. to verify the authenticity thereof; or
2. where they are ambiguous, incomplete or inconsistent with your other Electronic Instructions or instructions, information and/or data; or
3. which may have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by the relevant regulatory or governmental body; or
4. will cause you to exceed your applicable transaction or Account limits, if applicable; or
5. will result in any insufficiency of funds.
d. determine the order of priority in effecting the Electronic Instructions, the Transactions and other existing arrangements you have made with Liv (for example, standing instructions and funds transfer to other accounts.), without incurring any responsibility for loss, liability or expense arising out of so declining to act. You agree that we will not be liable for any loss, damage or expense suffered by you as a result of:
1. Electronic Instructions being inaccurate, inadequate or incomplete in any way; or
2. Any failure, refusal, delay or error by any third-party through whom any such Electronic Instruction is transacted.
Where we choose to act on Electronic Instructions, we act on a commercially reasonable effort basis and are not responsible for any acts and omissions while acting in a reasonable manner in discharging the Electronic Instructions. Notwithstanding the termination of Liv Services, we may (but are not obliged to) carry out any outstanding Electronic Instructions made prior to the termination of Liv Services. You hereby agree that you will not attempt or permit others to attempt accessing your Account with Liv through any unauthorised means and you will not part with your User ID and Password and/or Security Codes.
4.6 Fund Transfer Through the Liv App
When the fund transfer facility is made available to you, it may be used for transfer of funds from Liv Account to other accounts/prepaid payment instruments belonging to third parties maintained at Liv and/or at any other bank or third-party in the UAE. In the event such transfer of funds is from Liv Account to accounts belonging to third parties maintained at any other bank in the UAE, which falls under the network of CB’s UAEFTS, then the same will be governed by the Terms and Conditions applicable to UAEFTS. You will be responsible for keying in the correct account number, and other details, as required, for the fund transfer request. In no case will Liv be held liable for any erroneous transactions incurred arising out of or relating to your entering the wrong account number. Liv will endeavour to effect funds transfer transactions received through the Liv App subject to availability of sufficient funds in the Liv Account. Liv will specify from time to time the limit for carrying out various kinds of funds transfer or any other services through Liv App. This facility will be provided in accordance with the arrangement between Liv, its Affiliates and Providers and as per conditions specified by Liv from time to time.
4.7 Account Balance and Transaction History
You will monitor the balance in your Account and examine all entries in your Transaction history. You will report/notify Liv as soon as you notice any transactions wrongly made or made without authority or inaccurate entries in the Transaction history or of any matter concerning your Account that may invite suspicion. You also irrevocably authorize Liv to debit the Account for all Transactions/services undertaken by your User id and Password.
4.8 Security Codes and Security Devices
a. Use of the Liv App will require the use of Security Codes . Security Codes will be issued directly to you and such issuance will be subject to these Terms and Conditions as applicable to you in your personal capacity.
b. You are responsible for the confidentiality and use of your Security Codes. You must use your Liv App User name and Password to access and use the Liv App and to perform transaction(s) on the Website. You are responsible for safekeeping and maintaining the confidentiality of your Security Codes. You must not disclose to any person your Security Codes and will not authorise any person to use your Security Codes for any purpose whatsoever. You agree to take reasonable measures and all due care to protect your Password against misuse by third parties. You will, as soon as possible, reset your Password should you notice that your Liv App has been accessed or used without your knowledge, authority or consent. As a matter of abundant precaution you should change your Passwords at periodic intervals.
c. It is vital that you take steps to prevent disclosure or discovery of the Security Codes provided to you as you are liable for financial loss incurred or Transactions carried out in connection with any unauthorised use of the Security Codes and you will not claim against Liv in respect of any such use or purported use.
d. You must notify Liv immediately if you have knowledge or have reason for suspecting that the confidentiality of the Security Codes have been compromised or if there has been any unauthorised use of the Security Codes (such as where you notice any unauthorised transactions or unauthorised access to your Accounts) or your Security Code has been disabled after a number of incorrect password attempts up to such number as may be communicated by Liv to you from time to time.
e. We will send you Alerts notifying you of transactions conducted on your Account. The nature of transactions for which Alerts are generated, the timing of Alerts and the mode of notification will be determined at our discretion. You provide your consent to us so that we can push these notifications to you at any time of the day and whether or not you have unsubscribed to receive such messages.
4.9 Security Issues, Software and Hardware
You will at your cost, procure, maintain and update/upgrade all such software, and/or device, hardware and/or equipment , as applicable, from time to time, to avail, access and use the services of Liv and be compatible with Liv’s system at your own risk and expense. You undertake to ensure that computer systems or mobile phone you use to access Liv Services are free from any malware, virus, Trojan or such other computer/internet contaminants. Liv will be at liberty to change, vary or upgrade its software, hardware, operating systems, etc., from time to time and will be under no obligation to support your software, hardware, operating systems and that the same will be your sole responsibility. Liv will not be liable for any losses that may be suffered by you as a result of any incompatibility between the Service software and any computer, mobile phone or other device from which you may use to access the Service or non-use of the Service due to such incompatibility issues. You acknowledge and agree to the following Internet-related risks:
a. Insufficient technical knowledge and lack of safety precautions can make it easier for unauthorised third parties to access your systems or devices (for example, insufficiently protected storage of data on the hard disk, file transfers and monitor emissions), and it is your responsibility to take the necessary security precautions. You acknowledge the risks of spoofing, identity theft/masking etc..
b. Your usage patterns may be monitored by third parties.
c. Third parties could gain unnoticed access to your Liv App/Account and detect your access to Liv Services and your communications with us.
d. Viruses and other malicious code may interfere with Liv Services, the Liv Channels, the web browser or any relevant telecommunication device (including mobile phone) or computer systems.
4.10 Maintenance and preservation of records
Liv at its sole option and discretion will maintain such records of transactions carried out by you in your Accounts, as Liv may deem fit or as mandated by law and regulations. You will not be entitled to question Liv about the records that are maintained by Liv or those that are not maintained or preserved by Liv In case of conflict between the records kept by Liv and those of yours, the records of Liv will be conclusive and binding. The period for preservation of such records will be as Liv may in its sole discretion deem fit or as dictated by any statutory enactment or regulations or Liv’s internal policy. Due to inherent features of some of the Liv Channels over which the facility of Liv Services is availed by you, you may be able to take out a print of the transaction attempted to be effected by you over Liv Services. You acknowledge and agree that our records and any records of the Electronic Instructions or the Transactions, or any record of transactions relating to the operation of Liv Services and any record of any Transactions maintained by us or by any relevant person authorize by us relating to or connected with Liv Services will be binding and conclusive on you for all purposes whatsoever and will be conclusive evidence of any Electronic Instructions, information and/or data transmitted using Liv Services. You hereby agree that all such records are admissible in evidence and that you will not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system, and you hereby waive any of your rights (if any) to so object. As a tool to correct misunderstandings, you understand, agree and authorise us to, at our discretion and without further prior notice to you, monitor and record any or all telephone conversations or electronic communications between you and us and any of our employees or agents.
4.11 Charges and Fees
Please refer to the “Rates and Fees” page on the Website. The same may be revised from time to time and will be made available on the Website. We reserve the right to and may at our sole discretion, charge and revise fees (for example, subscription fees, per transaction fees etc.) in relation to the use of Liv Services and for the provision of or any replacement of Security Codes for whatever reasons from time to time. We will, in most cases, give reasonable notice of such days, as may be prescribed by CB from time to time, to you, for any change in the rates, fees and charges before they become effective provided that such variation is within our control. The obligation to give you advance notice does not apply if variations are required in an emergency or where it is not practicable to give such advance notice. Provided that any changes made in the Charges and Fees whereby your liability has increased such an increase will be applicable only after notice. You authorise us to debit your Liv Account(s) for all fees for the provision and/or use (authorised or unauthorised) of Liv Services and any other liabilities to, and loss, damage or expense suffered by us as a result of our provision and/or your use (authorised or unauthorised) of Liv Services (including any of your liability to us). Liv is deemed to have sent notifications and SMS notifications (“Electronic Alert/Notification”) to you, even if you are unable to or do not receive the Notification for whatever reason. If any payment has been made by us as a result of your use or purported use of Liv Services:
a. and the Account was consequently debited, but the debit was reversed in error or the Account was not debited at all; or
b. consequent to submission of any payment instruction on the Account but before honour of such payment, then we will be entitled to correct the Account by
(i) debiting the Account with the amount paid by us; or
(ii) by dishonouring or returning payment instructions and reversing the payment instruction, if there are insufficient funds available in the Account, as the case may be. Where an Electronic Instruction, or the debiting or crediting of any Account in connection with an Electronic Instruction, requires the conversion of one currency into another, we are authorised to effect such conversions at the rate determined by us and/or Providers. If Taxes is charged on any payment, including, but not limited to, an amount charged in respect of any applicable Value Added Tax or any other similar sales tax (VAT), you will pay such Taxes in addition to all sums payable and indemnify us against any payment we are required by law to collect and make in respect of such Taxes. We may debit the Account for such Taxes, including default interest payable in the same manner as may be provided in these Terms and Conditions or in any related agreement for over draft facilities, and/or any other charges, as we may prescribe from time to time, even if such debiting results in the Account becoming overdrawn. You understand that any access to Liv Services may also be subject to and governed by the relevant laws and regulations of that country from which Liv Services are accessed. You will be responsible for all fees, charges and expenses (including and not limited to charges such as download roaming for overseas usage; for any upgrades in relation to access and use of Liv App; and other charges which may be imposed by CSP in connection with the use of Liv Services.
4.11.1 Early Account Closure Fees
Liv Accounts closed within the first 12 months of the account opening date will be charged a fixed amount of 50 AED for early closure. Account holders under the age 24 at the time of request are exempted from the above mentioned fees. The bank is authorized to debit the Liv Account for the amount specified above. In the scenario where the account does not have sufficient balance, the account holder is liable to an additional fee for being overdrawn.
4.12 Right to Lien and Set Off
Liv will have an absolute and paramount right of lien and set-off, irrespective of any other lien or charge, present as well as future on the accounts, including amounts lying in fixed deposit linked to your Liv Account or balance lying in Liv Account and also over any and all securities of your lying or that may come into the possession of Liv from time to time for safe keeping or otherwise in any of your accounts maintained with Liv (singly or jointly) to the extent of all outstanding dues, whatsoever, and howsoever arising. Without prejudice to the contents of the preceding paragraph, Liv has and will have a paramount and irrevocable right to reverse any entry (debit or credit) made in the Account with reference to any transaction carried out on the ATM, Point Of Sale, Liv App, or otherwise whatsoever, where in the course of any scrutiny, verification, checking, investigation, audit or otherwise for whatsoever reason or action by Liv, it is found or determined that the entry was incorrect, was not accompanied by proper supporting documents/authorisations, or for whatsoever reason was incorrect or did not meet any rules or regulations or specifications/policy including but not limiting to those of Liv or otherwise. Liv will have and will continue to have a lien on your Account to recover such costs, damages or liability that Liv may incur or be imposed and will further have the right to claim and recover any shortfall from you.
4.13 Discontinuation
Liv Services may not be available to you for security and/or technical reasons and for which Liv may not give you prior notice or reason. Liv Services may be suspended or withdrawn for security and/or technical reasons without giving you any reason or notice. If at any time you cease to have an eligible Account or fail to provide your updated details, or fail to confirm your status/KYC verification as deemed by Liv at periodic intervals we reserve the right to deny you access to Liv Services. We may withdraw the provision of Liv Services wholly or partly, if at any time the amount of deposit falls short of the required Minimum Balance, if any and/or if the service charges remain unpaid, without giving any further notice to you and/or without incurring any liability or responsibility whatsoever by reason of such withdrawal.
4.14 Your Liability
You acknowledge and agree that:
a. Access to Liv Services is through your Mobile Phone and any Transaction, which originates from the same using your User ID and Password/Security Codes, whether initiated by you or not will be deemed to have originated from you.
b. You will be liable for all loss from unauthorised transactions in the Liv App if your Liv App credentials are compromised. You agree that you will not hold Liv responsible for any loss that you may suffer in these circumstances.
c. Illegal or improper use of Liv Services by you or any other person will render you liable for payment of financial charges as decided by Liv and/or will result in suspension of Liv Services provided to you.
d. You are aware that internet/email is not a secure or error-free medium of communication and of the possible risks involved in connection with the transmission of information via email/internet.
e. You are aware that universally it is understood that there is no way to verify that technologies are fool proof or tamper proof and/or to keep up with the latest technology as available at any particular time.
f. You understand and agree that Liv does not accept liability for any errors or omissions in the content of the email messages and its attachments. You undertake to keep us indemnified at all times against, and to save us harmless from all actions, proceedings, claims, loss, damage, costs and expenses including consequential losses/damages which may be brought against us and which will have arisen either directly or indirectly out of or in connection with us sending account statements and other documents on email.
4.15 Accuracy of information
You will be responsible for the correctness of information supplied by you to Liv through the use of Liv or through any other means such as electronic mail or written communication. Liv accepts no liability for the consequence arising out of erroneous, incorrect or incomplete information supplied by you. If you suspect that there is an error in the information supplied to Liv by you, you will advise Liv as soon as possible. Liv will endeavour to correct the error wherever possible on a ‘best effort’ basis. All outputs of statements are duplicate statements of account and will be prepared by electronic means and the information contained therein will be extracted from a computerized backup system maintained by Liv in its ordinary course of business. While Liv will take all reasonable steps to ensure the accuracy of the statement, Liv is not liable for any error. You will hold Liv harmless against any loss, damages, etc. that may be incurred/suffered by you if the information contained in the above said outputs turns out to be inaccurate/incorrect/incomplete. Liv will not be obliged to verify the accuracy, adequacy and completeness of Electronic Instructions. Accordingly, Liv, its Affiliates and the Providers may treat the Electronic Instructions as valid and binding on you notwithstanding any error, fraud, and forgery, lack of clarity or misunderstanding in the terms of the Electronic Instructions.
4.16 Limitation of Responsibility and Liability
Liv is not liable for any loss suffered by you or any third-party arising from and in connection with your registration of, access to and use of the Liv App/Website except where such loss is attributable to our negligence or wilful default. Without prejudice to the foregoing, Liv will not be liable for any inconvenience, loss, cost, damage or injury suffered by you or any third-party arising from or caused by:
a. Our compliance with any instruction given or purported to be given by you relating to a Transaction, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment will not have been apparent to a reasonable person receiving such instruction;
b. Use of the Liv App by third parties, whether authorised or unauthorised by you;
c. Your transfer of funds to the wrong mobile number or to the wrong recipient;
d. Theft or loss of your Mobile Phone/Device, hardware and/or equipment on which the Liv App is installed;
e. Your inability to effect or complete any Transaction due to system maintenance or breakdown/non-availability of the Liv App/Website or any network;
f. You being deprived of the use of the Liv App/Website as a consequence of any action by us;
g. Any failure by us to perform any obligation or observe any of these Terms if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors, or any event outside our control;
h. Any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing; or
i. Any act or omission by Liv in compliance with any applicable laws and/or regulations, including laws governing personal data protection, and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.
Any downloading of data from the Liv App is done solely at your risk, and Liv will not be liable for the integrity or use of any data downloaded in any way. Provided that you have notified us in reasonable detail and in a timely manner of any problems experienced in the use of Liv Services and the Security Codes, Liv will use commercially reasonable efforts to correct such problems within a reasonable period of time (but without further liability if we are unable to do so). Notwithstanding the aforementioned provision or any other provision of the Terms and Conditions, Liv Services, the Security Codes and the Content are provided on an “as is” and “as available” basis. Neither we nor our licensors (including contributors of articles, reports, surveys and news) warrant the accuracy, adequacy, completeness, timeliness, quality, currency, reliability, performance, or continued availability of Liv Services, the Security Codes or the Content and each of us and our licensors (including contributors of articles, reports, surveys and news) expressly disclaim liability for errors or omissions or any delays in the delivery of the Content, or for any action taken in reliance on the Content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with Liv Services, the Security Codes or the Content. Liv may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Liv Channels, Liv Services, the Security Codes, the methods available for access to Liv Services, or any information, services or products provided therein and will not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing Liv Services. The information provided through Liv Services including the specifications, prices, availability and other details of the products and services provided through Liv Services may be modified, deleted, or replaced from time to time and at any time at our absolute discretion. You may be required to update your details periodically as required by Liv from time to time. While Liv may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to the Liv Service, Liv does not warrant that Liv Services or any of the Content or the Security Codes will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that Liv Services, the Security Codes and the Content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. Liv does not warrant the security of any information transmitted by you or to you through Liv Services or via email or mobile phone. Liv, its Affiliates and the Providers will in no event be liable to you or any other person for:
a. any direct, indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use the Liv Channels, the Liv App, Liv Services, the Content, or reliance on the Content, howsoever caused and regardless of the form of action (including tort or strict liability);
b. any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
c. any loss or damage arising as a result of improper usage or malfunction of any computer or mobile phone or other telecommunications equipment used to access Liv Services or incompatibility thereof with our systems; even if we are advised of, or otherwise might have anticipated, the possibility of such loss, damage or expense.
Liv will be under no liability for any damage, loss or expense, or for any obligation to pay or reimburse interest to you for unsuccessful crediting or debiting of money through the use of Liv Services. Except where Liv has been grossly negligent, that is for events or acts attributable to its own omission, or lack of due care, it will also under no circumstances be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained/suffered by you or any other person due to any transaction carried out or not carried and/or incorrectly/incompletely carried out and/or being carried out with or without your knowledge or authority on the Liv App/Website and/or due to non-availability or partial availability of any medium of Liv and/or due to any loss/misuse of Debit Card and/or use of your password(s) by any other person or persons. The Transaction risk will be yours, except what is stated above. In cases where Liv is led to believe that an instruction may not have been properly authorised by you, Liv will be entitled but not under any obligation, after making reasonable efforts to check whether the instruction was properly authorised, to take steps to reverse any action taken on the basis of that instruction. Liv will not be responsible or liable for any losses suffered by you due to such reversals.
4.17 Data Processing
You accept that all information/instructions which will be shared by you shall be governed by the Liv Privacy Policy. Liv Privacy Policy can be found on the Liv App and/or on the Website. You hereby consent to Liv’s collection, use, disclosure and processing of information in accordance with Liv Privacy Policy and these Terms and Conditions.
4.18 Consent to Disclosure/Provision of Information
a. The Customer hereby entitles and authorizes Liv to obtain and disclose any financial, legal or credit information relating to the Customer, including any information pertaining to the address, telephones or utility bills relating to the Customer and his authorized signatory(ies) or any other information which included in the credit information report, to verify, obtain or disclose such information as you deem fit in your absolute discretion. You agree that We may obtain, request, transfer and disclose any information relating to you (including information We obtain from any third parties such as any local or international credit bureau), to and between the branches, subsidiaries, affiliates, representative Offices, agents of Liv and any third parties selected by any of them or us, wherever situated, for private use (including for use in connection with the provision of any Liv Services to you and for data processing, statistical and risk analysis purposes, global cash services and dealings in securities on any exchange securities market(s) and any other relevant authorities and agencies pertaining thereto). We and/or our Affiliates representative offices, agents or any third parties selected by any of them or we, shall be entitled to obtain, transfer and disclose any credit, legal or financial information relating to the Customer.
b. Without prejudice to the foregoing, the Customer hereby authorizes Liv, without the need to get any written or oral permits, to obtain or disclose any of the information indicated in this consent from any governmental or semi-governmental authorities, body, organization, company, credit bureau or telecommunications company and any service provider such as electricity , water and telecommunication companies, or any other person or entity as it is needed, whether inside the UAE or abroad, which maintain or are supposed to maintain any of the information contained in this consent relating to the Customer. Liv, pursuant to this consent, may communicate with such bodies to obtain or disclose any of information mentioned in this consent.
c. Liv shall be entitled to use any or all of the information contained in this consent for the purpose of granting/or commencing to grant you any loans, facilities or any other banking services offered by Liv or to use this information for the purpose of assessing your credit position and collect any amounts or loans payable to Liv This consent shall remain in force and effect against the Customer and may not be terminated or amended without prior written consent of Liv
4.19 Assignment
Liv will be entitled to assign or transfer its right and obligations under the terms to anybody or any entity of its choice in whole or in part and in such manner and on such terms and conditions as Liv may decide. Any such assignment or transfer will conclusively bind you and all other persons. You are not entitled to assign or transfer any of your right and obligations under these Terms and Conditions to any third-party without prior written consent of Liv
4.20 Intellectual Property
You acknowledge that the intellectual property rights of Liv are owned by Liv, its Affiliates, or the Providers. No part or parts of the Liv App may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission. You may view, print or use the Content for personal, non-commercial use only, provided further that you do not modify the Content and that you retain all copyright notices and other proprietary notices contained in the Content. The trademarks, service marks, and logo (“Trade Marks”) used and displayed in or through the Liv App/Website are registered or unregistered Trade Marks of Liv/others. Nothing in the Liv App/Website will be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trade Marks displayed in or through the Liv Channels or Liv App/Website, without our written permission.
4.21 Indemnification
You agree and undertake to fully indemnify Liv, its Affiliates, service providers, subcontractors, and agents, and to hold each of the aforementioned parties harmless, from and against all liabilities (including settlement sums), losses, charges and expenses (including legal fees and disbursements on a solicitor-client basis), claims, demands, actions and proceedings which we, our Affiliates, service providers, subcontractors and agents may incur, suffer or sustain directly or indirectly from or by reason of or in relation to the use, misuse or purported use or misuse of Liv Services, and will pay such monies to Liv upon its demand.
4.22 Miscellaneous
Liv reserves the right to use any service providers, subcontractors and/or agents on such terms as it deems appropriate. Liv will provide you digital assistance/system to answer your queries. In case digital assistance is unable to resolve your query then you will have an option to chat with our contact centre staff. You acknowledge that you have not relied on any representation made by Liv or any of its employees, Affiliates, service providers, subcontractors or agents and have made independent assessment of Liv Services. Except for our Affiliates, service providers, subcontractors and agents, no person or entity who is not a party to these Terms and Conditions will have any right to enforce these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms and Conditions.
- These Terms and Conditions (‘T&Cs’) are set out between the company “Emirates NBD” and you, the user of at least one of the services offered on the site.
- You agree to grant Emirates NBD the right to collect, store and process any information or data you provide to Emirates NBD and to use information and data about your use of the services
- By agreeing to provide consent for receiving special offers of the products and Services offered by Emirates NBD on the site you agree to these Terms and Conditions, without limitation or exception, and acknowledge having read them in their entirety.
- Emirates NBD may share any information and data with third parties based on your permission obtained for receiving information on special offers by using this site and you hereby explicitly agree to the collection and use of the said data by Emirates NBD for the purpose described above.
- Emirates NBD and or third parties may use such information or data to identify you on social media platforms in order to provide you with the latest products, offers or incentives offered by Emirates NBD or such third parties.
- Any conditional subscription is considered void and invalid. If you do not agree with these T&Cs, which you cannot modify, you must not subscribe to receiving special offers
- Emirates NBD reserves the right to update and to change these Terms and Conditions at any time and at its sole discretion.
- Emirates NBD reserves the right to decide on any appropriate actions, without any commitment on our part to take specific actions and/or transfer the complaint to the authorities in case a situation arises.
4.23 Variation in Terms and Conditions
Liv may by notice through the Liv Channels or by such other method of notification as it may designate (which may include notification by way of email), vary these Terms and Conditions, whereupon such a variation will take effect on the date specified by us (which will generally be no less than thirty (30) days from the date of the notice). If you use Liv Services including any new services after such date, you are deemed to have accepted such variations and such amended Terms and Conditions will be binding on you. If you do not accept the variation, you must stop using Liv Services and terminate Liv Services. Our right to vary these Terms and Conditions in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to this Terms and Conditions. Liv, its Affiliates and Providers will not be liable for any non-performance, error, interruption or delay in the performance of any obligations under this Part or in the Liv Channels’ or Liv Services’ operation, or for any inaccuracy, unreliability or unsuitability of Liv Services and/or the Content if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes acts of God, natural disasters, acts of terrorism, embargoes, epidemics, acts of any Government or authority, power failures), and the acts or a party for whom Liv, its Affiliates or Providers are not responsible for.
4.24 Illegality
If at any time any provision of these Terms and Conditions will be or will become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions will not be affected or impaired thereby, and will continue in force as if such illegal, invalid or unenforceable provision was severed here from. Our waiver of any of the covenants to be performed by you or any breach by you will not be construed to be a waiver of any succeeding breach by you or of any other covenant. Our rights and remedies in these Terms and Conditions are cumulative and not exclusive of any other rights or remedies provided by law. Liv agrees that if you open further accounts with/subscribe to any of the products/services of Liv or any of its Affiliates or Providers Liv extends to such accounts or products or services and you opt for use thereof, then these Terms and Conditions (as may be amended from time to time) will automatically apply to such further use of Liv by you.
4.25 Notice
4.25.1 Communication from Liv
You hereby authorise Liv or its agents to send promotional messages including the products of the Liv App/Liv Services, greetings or any other messages/communications which Liv may consider appropriate from time to time, by way of SMS and/or Email. Liv is entitled to send you “notifications in the Liv App and SMS notifications” (“Notifications”) relating to your access to and use of the Liv App and any updates on related services.
4.25.2 Communications through electronic means
Electronic delivery may be in the form of electronic mail, an attachment to the electronic mail, or in the form of an available download from the Liv Channels. Liv will be deemed to have fulfilled its legal obligation to deliver to you any document if such document is sent via electronic means. Failure to advise Liv of any difficulty in opening a document so delivered within twenty-four (24) hours after delivery will serve as an affirmation regarding the acceptance of the document. It may be noted that alerts if sent through SMS will be sent to the registered mobile number only. All communication by Liv will be in English and will be through email to your email address as per our records; or using electronic services or any other electronic media or through your cell phone. Where necessary, Liv may also give any notice and communication through the press, radio, television, internet or any other media at the discretion of Liv’s choice. Any communication from Liv to you will be deemed to have been received by you and complete:
a. If sent by email – at the time of sending to your email address.
b. If sent by electronic services – at the time it was sent.
c. If made through the press, radio, television or internet – at the time it was made.
d. If made over the Liv App or on the Website – at the time of publishing.
4.25.3 Communication from you
Any notice, instruction, correspondence or other communication you give to Liv must be in writing and must be received by Liv Liv may accept instructions over the Liv App or by any other mode that Liv may agree with you. You must provide to Liv any application forms, authorisations or other documents as may be required by Liv
4.26 Feedback and Complaint Mechanism
Customers can reach out to the Liv team via in-app chat or email us at connect@Livme between 10am to 10pm Gulf Standard Time (GST), Sunday to Saturday. Customer will be advised on alternative mode of contact outside the normal working hours. Kindly note that the Liv team do not work on public holidays. Liv reserves the right to investigate complaints regarding the use of the Liv App, Liv Service or reported violations of these Terms and to take any action Liv deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, the appropriate authorities or regulators and disclosing any information necessary or appropriate to such officials, authorities or regulators, whether located in the UAE or outside of the UAE.
4.27 Governing Law and Jurisdiction
These Terms and Conditions for Liv Services shall be governed by and construed in accordance with the federal laws of the United Arab Emirates and the laws as applicable in the Emirate of Dubai and you irrevocably submit to the non-exclusive jurisdiction of the Dubai courts.
AECB Report Consent
1. I hereby entitles and authorizes Emirates NBD Bank PJSC (the “Bank”) to obtain and disclose any financial, legal or credit information relating to the Customer/Borrower, including any information pertaining to the address, telephones or utility bills relating to the Customer/Borrower and his authorized signatory(ies) or any other information which included in the credit information report, to verify, obtain or disclose such information as you deem fit in your absolute discretion. I agree that you may obtain, request, transfer and disclose any information relating to me/us (including information you obtain from any third parties such as any local or international credit bureau), to and between the branches, subsidiaries, affiliates, representative Offices, agents of the Bank and any third parties selected by any of them or you, wherever situated, for private use (including for use in connection with the provision of any Products or Services to me and for data processing, statistical and risk analysis purposes, global cash services and dealings in securities on any Exchange Securities market(s) and any other relevant authorities and agencies pertaining thereto). You and any of Emirates NBD Bank branches, subsidiaries, affiliates, representative offices, agents or any third parties selected by any of them or you, shall be entitled to obtain, transfer and disclose any credit, legal or financial information relating to the Customer/Borrower.
2. Without prejudice to the foregoing, the Customer/Borrower hereby authorizes the Bank, without the need to get any written or oral permits, to obtain or disclose any of the information indicated in this Undertaking from any governmental or semi-governmental authorities, body, organization, company, credit bureau or telecommunications company and any service provider such as electricity , water and telecommunication companies, or any other person or entity as it is needed, whether inside the UAE or abroad, which maintain or are supposed to maintain any of the information contained in this Undertaking relating to the Customer/Borrower. The Bank, pursuant to this Undertaking, may communicate with such bodies to obtain or disclose any of information mentioned in this Undertaking.
3. The Bank shall be entitled to use any or all of the information contained in this Undertaking for the purpose of granting/or commencing to grant me any loans, facilities or any other banking services offered by the Bank or to use this information for the purpose of assessing my credit position and collect any amounts or loans payable to the Bank. This Undertaking shall remain in force and effect against the Customer/Borrower, and may not be terminated or amended without the Bank’s prior written consent.
4. This Undertaking shall be subject and interpreted in accordance with the Federal Credit Information Law No. 6 of 2010 and any other applicable laws of the United Arab Emirates, and any dispute arising between the Bank and the Customer / Borrower with regards to this Undertaking shall be referred to the exclusive jurisdiction of the courts of the UAE.
5. The Customer agrees to the Bank, its officers and agents disclosing information relating to his/her Accounts and/or dealing relationship(s) with the Bank, including but not limited to details of any credit facilities, any security taken, transaction undertaken, balances and positions with the Bank, to:
• Professional advisors and service providers of the permitted parties who are under a duty of confidentiality.
• Any actual or potential participant or sub- participant in relation to any of the Bank’s rights and/or obligations under any agreement with the Bank, or its assignee, novatee or transferee (or any agent or adviser of any of the foregoing).
• Any rating agency, credit information bureau (whether inside the United Arab Emirates or abroad) including the Al Etihad Credit Bureau, insurer or insurance broker, or direct or indirect provider of credit protection to any permitted party.
• Any court or tribunal or regulatory, supervisory, governmental or quasi-governmental authority with jurisdiction over the permitted parties.
6. The Customer authorises and allows the Bank to inquire from banks and other financial institutions, the employer of the Customer, or any other body as the Bank deem appropriate about any financial and non-financial information relating to the Customer including but not limited to the details of banking facilities, the financial position, the income, and any other information relating to the Customer which the Bank deems appropriate without reference to the Customer.
SPECIAL TERMS & CONDITIONS FOR ELECTRONIC SIGNATURE
These special terms and conditions for Electronic Signature (‘Special Terms’) apply to your Electronic Signature (as defined below) in addition to the General Terms and Conditions of Accounts and Banking Services (‘Account Terms’). Unless otherwise stated where these special terms and conditions are not consistent with the Account Terms, then these special terms and conditions shall apply to the extent of that inconsistency in relation to your use of your Electronic Signature. Electronic Signature (hereinafter ‘E-Signature’) shall have the meaning ascribed under Federal Law No. (1) of 2006 On Electronic Commerce and Transactions or its subsequent amendments thereto.
1. By selecting “I Accept” you are signing these special terms and conditions electronically. You provide your consent to be legally bound by the special terms and conditions under these Special Terms and also to provide your undertaking and approval to obtain and disclose information about you as per the terms and conditions of the attached Undertaking. You agree your ESignature is the legal equivalent of your manual or wet signature on these Special Terms.
2. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Emirates NBD Bank PJSC (‘Bank’), or in accessing or making any transaction regarding any agreement, acknowledgement, consent, disclosures or conditions, with the Bank or a third-party using the Bank system, constitutes your signature, acceptance and agreement, as if actually signed by you with a pen in writing.
3. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your ESignature or any resulting contract between you and the Bank.
4. You also represent that you are authorised to enter into these Special Terms for all persons who own or are authorised to access any of your accounts and that such persons will be bound by the terms of these Special Terms. You further agree that each use of your E-Signature in obtaining a service from the Bank constitutes your agreement to be bound by the terms and conditions these Special Terms as they exist on the date of your E-Signature.
5. You consent to receive from the Bank exclusively through electronic means all notices, disclosures, authorisations, acknowledgements, and other documents that are required to be provided or made available to you by the Bank during the course of your relationship with the Bank.
DO NOT AGREE UNTIL YOU HAVE READ THE ABOVE TERMS and CONDITIONS
By my agreement below, I confirm that I have read, fully understand and accept all terms of the above Agreement.
Please note that your agreement will be accepted as the electronic equivalent to a hand-written signature and/or as an electronic signature as may be permitted under/by any applicable law.
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