Platform Terms

  1. IMPORTANT INFORMATION
    1.1. These platform terms ("Terms") govern your use of the Platform as provided by The National Bank of Ras Al Khaimah (P.S.C) ("RAKBANK", "we" or "us") and constitute a legal agreement between you and us.
    1.2. Please read these terms carefully. By accessing or using the Platform, you are deemed to have agreed to the terms and conditions under these Terms without reservation.
    1.3. Please review the Terms periodically. We reserve the right, in our sole discretion, to update or revise these Terms at any time. By using or accessing the Platform, you agree that we may modify the Terms at any time without prior notice. You further agree that we will have no obligation to notify you of any modifications and such updates or modifications shall become effective immediately upon posting. Your continued use of the Platform following the posting of updates and/or revisions to the Terms will conclusively indicate and constitute your acceptance of such update and/or revised Terms. To access the most current version of the Terms, you can select the link on the home page of the Platform.
    1.4. You should not treat any part of these Terms or the contents of our Platform or any other communication between us as constituting advice to you on taxation, legal, financial or any other matters and you should consult your own professional advisers accordingly.
    1.5. If it is found that any section within these Terms is invalid, that invalid section will have no effect on the validity of the remaining sections in these Terms. The remaining terms will continue to remain in place.
    1.6. Within these Terms:
  • references to "us", "we", "our" or any of their derivatives means RAKBANK and its successors and any novatee, assignee, transferee or purchaser of RAKBANK's rights and/or obligations hereunder and any reference to RAKBANK includes a reference to such successor, novatee, assignee, transferee or purchaser. The term "you" and "your" or any of their derivatives refer to the person using or accessing our Platform and shall include, as the context may require, your successors (as the case may be).
  • references to statutes, statutory instruments, rules or regulations are to such statutes, statutory instruments, rules or regulations as amended or replaced from time to time.
  • references to "Terms" means these Terms and any other applicable terms and conditions relevant to the Platform.
  1. PROVISION OF PRODUCTS AND SERVICES
    2.1. Products and services of third parties as well as promotional offers on such products and services listed on the Platform are available only at the discretion of such third parties and are governed by the respective terms and conditions/ agreement entered into between you and such third parties directly. Such products and services (including promotional offers on such products and services) may be suspended, withdrawn or amended at any time without notice. RAKBANK does not assume any responsibility for the products or services offered by third parties on the Platform. The products and services are sold or licensed or provided solely by the third parties, their affiliates, agents or sub-contractors under such terms and conditions as determined by such third parties, and RAKBANK accepts no liability whatsoever in connection with the products and services.
    2.2. In order to access and use the Platform, you must:
    (a) accept and agree to these Terms and Privacy Policy;
    (b) satisfy our onboarding requirements which include providing us with a valid trade license copy, email address and mobile number to receive a One-Time-Password ("OTP"); and
    (c) complete the registration process on the Platform by providing the required information.
    2.3. We will provide you with a non-exclusive right to access and use the Platform in accordance with these Terms.
    2.4. You acknowledge that the Platform is an online service which may change from time to time at our sole discretion.
    2.5. Your access and use of the Platform is subject to these Terms.
  2. ACCESS and use of the platform
    3.1. You will be given access to view third party products, services and promotional offers listed on the Platform. This can be accessed with your registered credentials (email address and/or mobile number) along with an OTP. For security reasons, the OTP is sent to you by email or Short-Messaging-Service ("SMS") to the email address or mobile number provided by you.
    3.2. We will take all reasonable steps to ensure you can view the Platform at any time. There will be times when we need to interrupt our online service to perform maintenance or due to a Force Majeure Event.
    3.3. Any instructions to change your personal details or contact details may be made by you. While communications to you will primarily be sent through the Platform, we may send alerts and notifications to the email address and mobile number provided by you and, therefore, it is important that you maintain the email address and mobile number we have for you to ensure that any important communications or alerts are received. You should also make sure that your email settings are set up to receive emails from us. Any communication sent through the Platform or to your email address or mobile shall be deemed delivered when sent by us.
  3. YOUR DUTIES and obligations
    4.1. You must provide Information
    (a) Upon request, you shall provide a valid email address, and mobile number (or any other information we may request in order to establish the appropriate Access Methods), which are necessary for you to gain access to restricted areas and functionalities of the Platform.
    (b) We may require additional information, confirmation or declaration from you each time you access the Platform or certain parts or areas of the Platform, and you shall provide such information, confirmation or declaration promptly. You represent and warrant that each information, confirmation or declaration you provide to us is accurate, true and complete, and not misleading in any material particular.
    (c) You must:
    (i) co-operate with us in all matters relating to the Platform;
    (ii) through the Platform or by any other means accepted by us:
    (A) provide us with such information and materials as we may reasonably require in order to allow you to access and use the Platform and ensure that such information is true and accurate; and
    (B) notify us promptly of any changes to your contact details such as mobile number or email address provided to us:
    failing which your access to the Platform may be limited, suspended or withdrawn.
    4.2. You must use security measures
    (a) You agree that:
    (i) we may determine the appropriate Access Methods, which may involve a combination of one or more access controls;
    (ii) you shall be solely responsible for ensuring secure internal and, to the fullest extent possible, external controls on access to and use of the Platform, including but not limited to the security and confidentiality of your Access Methods. If your Access Methods are stolen, lost, damaged or compromised, or if you suspect any unauthorized use of your Access Methods, you shall immediately notify us in writing. We shall be entitled to terminate or suspend your Access Methods, provided always that you shall remain responsible for any actions taken through the use of your Access Methods before they are so terminated or suspended; and
    (iii) you shall be solely responsible for, and be bound by, all acts or omissions of any person using the Platform through your Access Methods. We are under no duty of inquiry regarding the identity, authority or capacity of any such person and are entitled to rely on any instructions submitted by any person accessing or using the Platform through your Access Methods, even if made fraudulently and even if they conflict with the terms of any other instructions given by you.
    (b) You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorized use of the Access Methods or your email address or mobile number.
    4.3. You must keep our information confidential
    (a) You must keep confidential, all information about the Platform, our System and any information, data, materials or documents provided to you.
    (b) Any data, information or message transmitted to you through our System, the Platform or otherwise is confidential and intended for the sole use of the intended recipient. If you are not the intended recipient, you should immediately notify us and delete or destroy such data, information or message, including all copies thereof.
    4.4. You must comply with Applicable Laws
    (a) You agree not to access or use the Platform in an unlawful way or for an unlawful or illegitimate purpose which is not in compliance with all Applicable Laws. Without limiting the generality of the foregoing, your use of the Platform shall be subject to such additional restrictions, terms and conditions of use, disclosures or disclaimers that may be communicated to you (whether by written or electronic means) in connection with such use.
    (b) You shall not post or transmit via the Platform: (a) a message or information under a false or incorrect name; (b) information that is unlawful, discriminatory, racial, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person or harmful to the reputation of the Platform, or RAKBANK; or (c) information that infringes or violates any of the intellectual property rights of RAKBANK or others or the privacy or publicity rights of RAKBANK or others.
    (c) You shall adhere to the security measures mentioned herein and shall not attempt to disrupt or actually disrupt the operation of the Platform in any manner, including, but through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Platform any content, materials or code which contains computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any System, data or Personal Data (collectively, "Harmful Code").
    (d) You shall not attempt to gain, or gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Platform.
    (e) You shall not use the Platform in any manner that could damage, disable or impair the Platform. You undertake not to back into, disrupt, disable, burden or otherwise interfere with the accessibility or impair the proper function of the Platform or the Systems , which shall include, without limitation, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, tampering, reverse engineering or reprogramming.
    4.5. You agree to indemnify us
    (a) To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under these Terms, you shall indemnify, and shall keep indemnified, us and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform, our directors, officers, employees, subsidiaries, successors or assigns (the ?Indemnified Parties?) against any losses, including expenses and legal or other professional fees for disputing or defending any action, claim or proceeding, which the Indemnified Parties may incur or sustain (directly or indirectly) or which may be made against the Indemnified Parties in any jurisdiction as a result of or in connection with or arising out of: (i) your use of the Platform, (ii) our operation of the Platform, save where such losses are directly caused by our own gross negligence or willful default. Without prejudice to the generality of the foregoing, you shall indemnify the Indemnified Parties for any losses that the Indemnified Parties may incur (directly or indirectly), from:
    (i) any breach of, or non-compliance with, these Terms by you;
    (ii) any unauthorized use by any party of your Access Methods or the Platform or any part thereof;
    (iii) any failure or malfunction in your System used in connection with the Platform;
    (iv) any computer viruses or other malicious, destructive or corrupting code, agent, programme, macros or other software routine or hardware components designed to permit unauthorized access which have been introduced by you, which affects or causes the Platform and/or our hardware, software and/or other automated systems to fail or malfunction;
    (v) any information or documents furnished by you to us, which is or proves to have been incorrect, incomplete or misleading in any material respect when provided, or any omission of material facts and information by you which would render any information relied upon by us to be misleading, inaccurate or incomplete;
    (vi) the exercise of our rights under these Terms;
    (vii) our acting or relying on your instructions;
    (viii) your use or failure to use the Platform; or
    (ix) material comprised in your instructions or otherwise provided by you violating any Applicable Laws or third party rights including intellectual property rights.
    (b) You also undertake to procure that, in the event that you transfer all or substantially all of your rights or assets to any other person (whether in the same or any other jurisdiction(s)), you shall procure that such person will indemnify and hold the Indemnified Parties harmless on the same terms as those set out above.
  4. OUR RIGHTS
    5.1.

    We may Process your Personal Data

    We will Process your Personal Data in accordance with the Applicable Laws. The Privacy Policy sets out, in detail, how we may Process your Personal Data.

    5.2.

    We may monitor your use of the Platform

    We may monitor all your access to and use of the Platform so as to detect any improper activity relating thereto, but you will remain liable for any such activity. You shall comply in a timely manner with our requests for information, documents and other material requested by us.
    5.3.

    We may suspend or terminate your rights

    We reserve the right to restrict or suspend, temporarily or permanently your access to the Platform at any time and with immediate effect, without prior notice to you and without incurring liability of any kind to you, if any of the following events occur:

    (a) you have breached the terms of these Terms;
    (b) you are using the Platform in a manner that may cause us to breach Applicable Laws, have legal liability or disrupt others? use of the Platform;
    (c) you are using the Platform for any illegal activities or where we have reasonable suspicion that you may be doing so;
    (d) we become aware or suspect that your Access Methods are stolen, lost, damaged or compromised;
    (e) we become aware or suspect that the person logged into using your Access Methods is not you,
    (f) we are required to do so by Applicable Laws or pursuant to a request by any government or regulatory body;
    (g) scheduled downtime or recurring un-scheduled downtime;
    (h) a Force Majeure Event;
    (i) you publish, post, transfer, distribute or upload any content or information to the Platform which is false, misleading or inaccurate, contains rude and inappropriate language or which creates the impression that any content is sponsored or endorsed by us;
    (j) you modify, adapt or reverse engineer the Platform or any part thereof; or
    (k) you transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature, or that may otherwise compromise the security of the Platform.
    5.4. For the avoidance of doubt, we shall not be in breach of these Terms, nor liable for any failure or delay in the performance of any other obligations under these Terms arising from or attributable to any of the circumstances giving rise to a right to termination under section 5.3 of these Terms.
  5. INSTRUCTIONS
    6.1. You agree to the following:
    (a) unless otherwise agreed by us, all Instructions shall be transmitted by you to us through the Platform in the manner as we may specify on the Platform or by notice to you;
    (b) we shall be deemed to have properly received Instructions transmitted through the Platform only upon such Instruction being received by our System hosting the Platform;
    (c) you are responsible for the accuracy, reliability and completeness of Instructions transmitted through the Platform;
    (d) we are under no duty of inquiry regarding the identity, authority or capacity of any person from whom we receive Instructions, and are entitled to rely on any Instructions submitted by any person accessing or using the Platform through your Access Methods, even if made fraudulently and even if they conflict with the terms of any other Instructions given by you;
    (e) without prejudice to sections 4.2(a)(iii) and 6.1(d), we may at our discretion and without giving any reason, and without any liability to you:
    (i) require you to provide alternative proof of identity;
    (ii) require any Instructions to be confirmed through alternative means;
    (iii) decline to act or refrain from acting promptly upon any Instructions; and/or
    (iv) determine the order of priority in effecting any Instructions and other existing arrangements you have made with us.
    6.2. We reserve the right to terminate, suspend or restrict your access to the Platform with immediate effect and without notice to you and to cease acting on your Instructions if we suspect that the person logged into the Platform is not you, where we suspect that your Access Methods are or will be used for illegal, fraudulent or unauthorized uses, or for any other reason which we deem to be reasonable in our sole discretion.
  6. INTELLECTUAL PROPERTY RIGHTS
    7.1. The names, text, images, photographs, graphics, layout, design and logos or any other copyright, related rights, and trademarks ("Marks") identifying us or third parties and their products and services are subject to copyright, related rights, design rights and trademarks of us and/or third parties, and all rights to the Marks are expressly owned and reserved by us or the relevant third parties. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of us or any other third party, without the prior written consent of us or such third party. You shall not use our Marks or the Marks of any other third party in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent.
    7.2. We, our service providers, agents (or their sub-agents), contractors (or their sub-contractors) delegates, suppliers and other third parties we may appoint for the operation of this Platform own and retain all rights, titles and interests in and to (a) the Platform; and (b) all materials, including without limitation, the information, databases, data, documents, online graphics, audio, Marks and video, in the Platform, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you shall not copy, modify, publish, transmit, distribute, perform, display or sell any of our proprietary information. You shall also not decompile, reverse engineer or otherwise attempt to discover, or discover the source code of any content available on the Platform.
    7.3. By submitting, posting or displaying content on or through the Platform, you grant to us a worldwide, non-exclusive, royalty-free licence to reproduce, adapt and publish such content on the Platform for the purpose of displaying, distributing and promoting the Platform. You further grant to us an irrevocable non-exclusive licence to use such content submitted, posted or displayed, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose.
    7.4. You agree that we shall not be under any obligation of confidentiality to you regarding any information or materials submitted by you on the Platform.
    7.5. We reserve the right to retain an archival record of all such content including those deleted or removed by you. We use cookies upon sign in to the Platform, to make access better, efficient, appropriate and convenient. The cookies are generated once you log into the Platform and expire once you log out, or at a definite time period to protect privacy.
    7.6. You shall not imitate, copy, modify, decompile, disassemble, reverse engineer, distribute, disseminate, reproduce, license or create any derivative works from, assign, transfer or sell, in full or in part and in any way, the Platform or any information, data, products or services obtained from the Platform ("Platform Contents"). Unauthorised conduct or use of the Platform or the Platform Contents may violate ours or any third party owners' intellectual property rights. You shall be entitled to retrieve and display the Platform Contents on any compatible device owned by you and retain a copy of the Platform Contents for record, provided that you keep intact all accompanying intellectual property rights and other proprietary notices.
  7. DISCLAIMERS OF WARRANTIES
    8.1. The Platform is provided ?AS IS? on an ?IS AVAILABLE? basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that functions contained in or access to the Platform or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, macro and such other unauthorized software, or that the download, installation or use of any Systems or content of the Platform in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
    8.2. The Platform may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Platform. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the Platform, and does not imply our endorsement of the linked website or association with their operators. We disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.
    8.3. You acknowledge there are certain security, corruption, transmission error and availability risks associated with using the Platform and agree, to the maximum extent permitted under Applicable Law, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as the Platform, the unique risks of using the Platform, which include, but are not limited to, the following:
    (a) delays in, or inability to, access or use the Platform due to any hardware, software, system or connection failure, error, malfunction, omission, interruption, delay in transmission or computer virus;
    (b) loss, or errors in transmission, of data or information that may occur due to any cause whatsoever, including any failure of any of our electrical, electronic, computer, microprocessor, recording or communication system;
    (c) the need to conduct maintenance of the Platform system infrastructure from time to time, and any delay, failure, error or omission which may ensue therefrom; and
    (d) the failure of any electronic security measures including, without limitation, filters, authentication processes and anti-virus software, whether or not for the protection of the integrity of the Platform, the privacy of your information or otherwise,

    and you agree that we shall not bear any liability or losses of any kind, and you shall release us from any claim you may have, with respect to or referable to the above risks and any losses arising therefrom, regardless of whether we had been advised, or were aware of the possibility, of such risks. You shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer or Systems, if required.
    8.4. To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under these Terms, you acknowledge and agree that we (and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform, directors, officers, employees, subsidiaries, successors or assigns) are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:
    (a) any unavailability of the Platform and/or your access or use (or inability to access or use) the Platform;
    (b) any failure of our System or Platform;
    (c) any inaccuracies contained in information relating to the System;
    (d) any failure to receive or delay in receiving your instructions because of any failure of your System or other facilities or the telecommunication links used to transmit the instructions;
    (e) any delay where the contents of you instruction are ambiguous, incomplete or otherwise inaccurate;
    (f) any unauthorized use of the Platform or Access Methods;
    (g) any breach of security or unauthorized use of, corruption or transmission error associated with, our System or other facilities;
    (h) any act or omission of telecommunications carriers, internet service providers or any other service providers;
    (i) the exercise of any of our rights under these Terms;
    (j) our reliance on such information submitted to us;
    (k) any 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; or
    (l) any event or circumstance beyond our reasonable control.
  8. GENERAL
    9.1. Other agreements

    These Terms do not supersede or replace any other consents you may have previously or separately provided to us in respect of your access or use of the Platform, and your consent to these Terms is in addition to any other rights which we may have in respect of your access or use of the Platform.
    9.2. Assignment

    Your rights to use and access the Platform are not capable of assignment or transfer. We may, without your consent, assign or transfer all or any of our rights and obligations under in relation to the Platform and these Terms either to another appropriately authorized member of RAKBANK group, or an entity that we merge, consolidate or amalgamate with or to which we transfer all or substantially all of our assets, or to another company which succeeds to our business in relation to the Platform.
    9.3. Survival

    All disclaimers, indemnities and exclusions in these Terms shall survive after you ceased to use the Platform.
  9. Governing Law and Jurisdiction
    10.1. These Terms and all rights and obligations arising under or in connection with or related to these Terms will be governed by and construed, performed and enforced in accordance with, the laws of the United Arab Emirates in force.
    10.2. Any dispute arising out of or in connection with these Terms and/or the documents referred to herein, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the Dubai Courts. Nothing in these Terms shall limit our right to commence any legal action against you in any other jurisdiction.

APPENDIX 1

The words and expressions used in the Terms shall have the meaning given to them below:

"Access Method" means any user identification, OTP and other security credentials assigned or provided to you and required to access and/or use the Platform (including any alternative methods stipulated or permitted by us from time to time).

"Applicable Laws" means all applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance and/or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body, law enforcement body, court, central bank or tax revenue authority or any other authority whether in the United Arab Emirates or elsewhere, whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time.

"Force Majeure Event" means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of these Terms, including the offering of the Platform thereto, including, without limitation:

  1. (a) war, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
    (b) terrorist attacks, civil war, civil commotions or riots;
    (c) acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition;
    (d) any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalisation or compulsory acquisition or acts claimed to be justified by executive necessity;
    (e) fire, explosion or accidental damage;
    (f) collapse of building structures or failure of plant machinery, computers or vehicles;
    (g) interruption or failure of utility service, including but not limited to electric power, gas or water; or
    (h) any labour disputes, including but not limited to strikes, industrial action or lockouts.

"Personal Data" has the meaning ascribed to it in the Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data.

"Platform" means the online platform (accessible through our website at www.smesouk.com or any alternative online portal registered on a separate domain) operated by us.

"Privacy Policy" means the policy on the privacy and protection of Personal Data adopted by us as made available at https://rakbank.ae/wps/portal/footer/privacy-policy, as may be supplemented, amended or varied from time to time upon our notification to you.

"Process" has the meaning ascribed to it in the Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data.

"System" means the hardware, software and telecommunication links or any part thereof used from time to time for the purpose of providing, supporting, accessing and/or otherwise referable to the Platform.

© The National Bank of Ras Al Khaimah (P.S.C.) (the "Bank” or "RAKBANK”) is a commercial bank regulated and licensed by the Central Bank of UAE