All Credit Cards issued by the Al Ahli Bank of Kuwait shall be subject to the following
Terms and Conditions and to any amendments thereto made by the Bank, from time to
time.
- The following Terms and Conditions, whenever used herein, unless the context otherwise
requires, shall have the following meanings:
- The "Bank": Means Al Ahli Bank of Kuwait K.S.C.P.
- The "Card": Means Visa or Master Card or i-card issued by the Bank to the Cardholder
including any additional card issued to another person named by the Cardholder
- "The Customer": is the natural or juridical person to whom the card is issued, on
which all transactions and dues are registered on special account for the card at
the bank.
- "Cardholder": Means the Customer to whom the card is issued, and whose name appears
in print thereon; and the Bank, upon the request of the Cardholder, may issue additional
card to another person to be named by the said Customer in accordance with the Terms
and Conditions stated herein, and any amendments thereto. Concerning companies,
the cardholder is the manager or the authorized signatory on behalf of the company
and he is the person who signs the credit Card Application request and receives
the card on which his name is printed on the card, all amounts related to the card
transactions and dues to the bank will be debited from the company account.
- "Card Account": Means the special account of the Cardholder with the Bank to which
all amounts related to the Card transaction and dues to the Bank in accordance with
the Terms and Conditions are debited.
- "Personal Identification Number (PIN) ": Means the Card’s secret special number
delivered by the Bank to the Cardholder in a sealed envelope.
- "Credit Limit": Means the maximum amount permitted by the Bank from time to time
for using the Card within a certain period of time and which should not be exceeded
by the Cardholder.
- "Transaction": Means buying goods, receiving services, cash withdrawals or other
actions taken by means of using the Card.
- The Card shall be signed by its holder whose name appears in print thereon upon
receipt from the Bank, and its PIN shall be kept confidential and shall not be disclosed
to others. The Cardholder is responsible for that and for signing all receipts,
invoices and all other documents related to the Card Transactions and/or the additional
Card’s Transactions by using the same signature appearing on the Card, and without
affecting his continued obligation under these documents in the event this procedure
has been violated.
- The use of the i-card is limited to internet shopping only and cannot be used for
cash withdrawals from ATMs or for purchases from shops through POS terminals.
- The Cardholder undertakes to use the Card within the Credit Limits authorized by
the Bank from time to time and not to exceed them; in which case the Cardholder
and Customer shall be responsible for making full payment of the amounts made in
excess and any interest due to the Bank immediately; in addition to all other due
amounts resulting from using the Card or additional Card by another person, with
or without the Cardholder’s and the Customer’s consent.
- The Customer and the Cardholder shall be jointly and severally responsible for the
Card, its use and the use of the PIN, and shall be liable for all consequences resulting
therefrom, in particular, in cases of loss, theft, damage , or misuse either by
the Cardholder or others, with or without his consent, and the Customer and the
Cardholder shall be obliged to indemnify the Bank for any damages or losses resulting
therefrom.
- In case of the Card’s loss, theft or damage, the Cardholder/Customer shall be responsible
to immediately notify the Bank’s card services department or the closest office
relating to the Card abroad. If the notification is given by phone or fax, it must
be confirmed in writing within a period of seven days. In all cases, the Cardholder/Customer
shall be responsible for any and all liabilities arising as a result of the use
of the Card and up to the date on which the Bank receives such written confirmation.
A replacement Card may be issued to the Cardholder upon payment of the required
fees.
- The Bank shall not be responsible in any way whatsoever for the manner in which
the Cardholder uses or misuses his Card. The Bank shall also not be responsible
if the Card is dishonored by any institution, company or others; nor for any flaws
or defects in the goods or services arising from the use of the Card by the Cardholder,
and the Bank shall not be responsible for any losses or damages resulting from any
failure or breakdown of the ATMS or card accepting machines inside or outside Kuwait,
irrespective whether the reasons were technical or for any other reason. The Cardholder
explicitly acknowledges that he holds the Bank harmless and free from any and all
liabilities that may result from any of the aforesaid, and that he shall not refrain
from settlement of any amounts debited to the Card Account because of any dispute
or claim in relation thereto. The Cardholder also shall not have the right by any
means, to demand a set-off between his obligations towards the Bank and any rights
due to him by any party with whom he had dealt with by using the Card.
- The Card shall remain, at all times, the property of the Bank and it is the responsibility
of the Cardholder to return it whenever so requested by the Bank.
- All amounts due to the Cardholder as a result of issuing and using the Card shall
be charged in Kuwaiti Dinars; and for this purpose amounts relating to any Transaction
in foreign currency has to be exchanged for the local currency (Kuwaiti Dinars)
at the spot rate of the Kuwaiti Dinar applicable at the Bank against the relevant
foreign currency at the date the Bank receives statement indicating such amounts.
All amounts due shall be debited to the Card Account on the day deemed appropriate
by the Bank, plus an applicable added conversion rate and fees which is determined
by the Bank and the companies issuer of the card. In the event cash withdrawal at
any ABK ATMs, a cash fees at a rate of 5% of the transaction amount shall be applied
at a minimum of one Kuwaiti Dinar, and in the event of cash withdrawal at any other
bank ATMs (Local - International), cash fees at a rate 5% of the transactionamount
shall be applied at a minimum of one Kuwaiti Dinar.
This is without prejudice to the Bank’s right to amend the rate of the commission/fees
at any time, and to notify the Cardholder accordingly and this rate on the statement
of account, shall be deemed to be a notification to the Cardholder.
- The Cardholder/Customer shall be responsible for keeping sufficient funds in his
account enough to pay for all amounts, withdrawals and such other Transactions resulting
from the issue and use of the Card. If the Cardholder Account has a zero credit
balance or if the credit balance is insufficient to pay for the amounts due to the
Bank, then the debit balance shall be deemed as immediately due and payable and
in this case, the Bank shall have the right to charge on the debited account, which
is not paid, a monthly commission fee for administration and follow up of the Card
Account and the Bank’s deals with foreign institutions in relation thereto will
be applied based on the approved commission and fees table, in addition to a default
rate based on the highest rate announced by CBK on the date of delay and as per
the Bank policies and procedures.
This without prejudice to the Bank’s right to amend the rate of the commission/fees
at any time, and notify the Cardholder/ Customer accordingly and this rate when
registered in the statement of account shall be deemed to be a notification to him.
- The following amounts shall be charged in Kuwaiti Dinars on the Card Account:
- Membership fee payable once every year during the membership years on such a date
as determined by the Bank. Customer/Cardholder has to submit in writing his intention
not to renew the Card 45 days before expiry, or otherwise the Card will be renewed
automatically for another period and charges will be applied.
- Amounts due as a result of the use of the Card, Flexible Payment Service and commissions
in addition to the expenses including the cost for cables, telexes, telephones calls,
facsimile messages and others and all expenses and charges arising from the demand
of the Cardholder/ customer to settle all his debit balances.
- All fees and commissions which are deducted by the banks and other institutions
for the use of the Card by the Cardholder.
- The Cardholder may avail himself to use the “Flexible Payment” service which is
allowed by the Card, and in this case, he is allowed to pay part of the total amount
of the transaction for each month provided that what is being paid monthly shall
not be less than 8.33% of the total outstanding amount due and charged on the Card
Account, with his obligation to pay all the amounts which exceeded his maximum Credit
Limit. The Bank shall charge fees for the use of this service. The Bank shall charge
fees on the debit balances for the use of this service , calculated in accordance
with the discount rate prescribed by the Central Bank + 2.5 % + 0.5% Monthly Service
Charge , and shall also charge fees at a rate of 1.5% monthly on the installment
amounts which the Customer fails to pay on their due date .
- The Bank shall have the right, at any time, to reduce the maximum Credit Limit for
the Cardholder/Customer and also to stop the “Flexible Payment” service after the
Cardholder is notified at his mailing address with the Bank. In the event of stopping
such service, the total outstanding balance shall become due and payable immediately
to the Bank without the need for further notify to the Cardholder/Customer.
- The Cardholder may avail himself to use the "Flexible Payment" service which is
allowed by the Card, and in this case, he is allowed to pay part of the total amount
of the transaction for each month provided that what is being paid monthly shall
not be less than 8.33% of the total outstanding amount due and charged on the Card
Account, with his obligation to pay all the amounts which exceeded his maximum Credit
Limit. The Bank shall charge fees for the use of this service. The Bank shall charge
fees on the debit balances for the use of this service , calculated in accordance
with the discount rate prescribed by the Central Bank + 2.5 % + 0.5% Monthly Service
Charge , and shall also charge fees at a rate of 1.5% monthly on the installment
amounts which the Customer fails to pay on their due date .
- The Bank shall have the right, at any time, to reduce the maximum Credit Limit for
the Cardholder/Customer and also to stop the "Flexible Payment" service after the
Cardholder is notified at his mailing address with the Bank. In the event of stopping
such service, the total outstanding balance shall become due and payable immediately
to the Bank without the need for further notify to the Cardholder/Customer.
- The Cardholder/Customer hereby, authorizes the Bank to use any credit balances,
monies, deposits or rights in any of his accounts maintained with the Bank or any
of its branches, subsidiaries and affiliates inside or outside Kuwait, or at any
other banking institution inside the State of Kuwait, irrespective of the names
or types of such accounts, for the settlement of any debit balances resulting from
issuing and using the Card and completing the account entries for this purpose,
without the need for any notice, warning or any other legal action and the Customer
shall not be released from his obligations thereunder, except for as much as has
been actually settled, from such debit balances.
- The Customer/ Cardholder Acknowledges that the load/reload transactions and all
other Card transaction performed on the Card are free from any suspicious Money
Laundering and/or any Terrorism Financing activities. The Customer/ Cardholder declares
that they shall abide by the Laws and Regulations regarding Anti Money Laundering
and Combating Terrorism Financing in addition to any other financial crimes.
- The Cardholder/Customer may, at any time, request to cancel or not to renew the
Card, by notifying the Bank in writing, provided that he returns the Card which
is to be cancelled or not to be renewed, to the Bank.
- The Bank, at its own absolute discretion at any time, may cancel the Card or reject
its renewal and without giving any reasons, in particular, in cases when the Cardholder,
or the additional Cardholder violates any of the Terms and Conditions stated herein,
or misuses the Card; or in case of attachment of his monies, liquidation, bankruptcy,
insolvency or generally stopping payment, or his demise, loss of capacity, or closing
of his account whether at his own request or at the Bank’s decision or in case that
the KYC updates are not provided and/or AML/CFT laws and regulations are not complied
with”.
In this case the debit balance shall be charged to the Card Account and shall become
immediately due without the need of taking any further legal action; and the Customer
shall be immediately liable to pay the balance to the Bank, stop using the Card
and return it to the Bank, and shall continue to be liable to pay all the amounts
due for the use of the Card.
- In all cases, and irrespective of whether the Card is cancelled or not renewed by
the Bank or at the Cardholder’s/Customer’s request, the Cardholder/Customer shall
notify the companies, institutions and others which provide him with goods and services
on a continuous basis as per the Card to stop making deductions from the Card Account,
and the return of the Card and its receipt by the Bank without any reservation,
shall not be held as a release of the Cardholder/Customer of his liabilities towards
the Bank and the Cardholder and the Customer shall remain liable jointly towards
the Bank for a period not less than sixty days from the date of returning the Card.
In all cases, the Cardholder and the Customer jointly are obliged to settle the
Card Account and to pay any liabilities arising from the use thereof.
- The invoices, receipts and other documents relating to the Transactions, do not
originally return to the Bank and are not kept there, but are notified to the Bank
in order to be charged on the Card Account. In accordance with the international
system for credit cards and its determination of the time limits after which the
Cardholder/Customer can not demand for photocopies of such documents, the Cardholder,
declares, explicitly, that he is not allowed to demand from the Bank to produce
photocopies of such invoices and receipts or other documents relating to the Transactions
after the lapse of 60 days from the date of the Transaction.
- The Bank shall send to the Cardholder/Customer a statement of account of the Card
on regular basis every month and such statement of account shall be deemed correct
unless the Bank receives from the Cardholder a written objection thereto within
forty five days from the date of the Transaction(s) being charged in such statement,
and the Cardholder/ Customer shall be deemed to have received the statement of account
unless he notifies the Bank within ten days from the date specified for its dispatch
of his non-receipt of such a statement.
- The Bank’s books and records shall be conclusive evidence to prove the rights and
obligations of the Customer while dealing with the Bank and the Customer declares
that the charge of any amount or Transaction in his statement of account is binding
on him and is deemed as conclusive evidence of his dues and obligations arising
from the issuance and the use of the Card.
- In the event that the Customer disputes a Card Transaction, it must be reported within 45 days from transaction
date to any ABK branch or ABK Call Center, and the Customer will be required to provide all the necessary documentation needed
for the investigation. The Chargeback process will determine the acceptance or decline of disputed Card Transaction amount.
- The Bank shall award the Customer/ Cardholder specific benefits and rewards for
the use of the eligible Card. The Bank shall have the right to determine the benefits
or rewards obtained according to a third party agreement with companies offering
such benefits to the Bank to offer it in consequences to the Cardholder/ Customer,
the Bank shall from time to time amend, withhold or cancel benefits or rewards at
its sole direction. The Cardholder/Customer Acknowledge that these benefits and
rewards granted to him by the Bank are subject to the Bank sole direction and agrees
any future cancelation or amendments on these benefits and rewards whenever the
bank decides without stating reasons. The Cardholder/Customer herby undertakes to
keep the bank informed and authorize the Bank to update any changes in Customer/Cardholder
email ID, Telephone number, and address that the bank may informed of or be available
with the Bank to all companies offering the rewards and benefits related to the
Card and herby authorize the Bank to contact these companies and update them with
the information mentioned above.
- The Cardholder/Customer hereby authorizes the Bank to obtain from the Public Authority
for Civil Information his business and residence address and any change thereto,
and declares to the Bank his agreement to provide the Authority, when needed, with
this authorization.
- The Bank, upon the Customer’s request, may issue an additional Card to another person
to be named by the said Customer provided that the value of the Transaction made
by means of using the additional Card shall be debited to the Card Account of the
Customer at the Bank, and the Customer in such case, shall be liable, jointly with
the additional Cardholder, for any amounts becoming due or any consequences resulting
therefrom. The additional Cardholder shall be subject to the Terms and Conditions
for issuing and using the Card. The Bank may, without giving any reason, refuse
or cancel at any time, any additional Card in accordance with Article 16 of these
Terms and Conditions or upon a written request made by the Customer or the additional
Cardholder, provided that the Card that is to be cancelled, is returned to the Bank.
- The Customer hereby acknowledges that his address as shown on the required application
constitutes his chosen domicile for all purposes relating to this Card and any dispute
or litigation that may arise in connection therewith, before the courts at all levels,
including any obligatory enforcement procedures, and all correspondences statements
of accounts and legal notices sent to him by the Bank to this address or by fax
or registered / preferred mail, shall be deemed to be valid and legally served on
him, and any change of this domicile or the post office box number or fax number,
shall have no legal effect until the Bank receives notice in writing for such change.
- The Bank reserves the right to amend any of these Terms and Conditions at any time,
and any amendment announced by the Bank or any of its branches or by any other means
deemed appreciate, shall be constituted as valid and effective amendment as from
the date thereof, and shall be binding upon the Cardholder/Customer .
- Politically Exposed Person (PEP): any natural person, whether as customer or beneficial
owner, who is or was entrusted with a prominent public function in the State of
Kuwait or in a foreign country, such as Head of States or of governments, senior
politicians, senior government, judicial or military officials (colonel rank and
above), senior executives of state owned corporations, and important political party
officials. The definition also includes any person who is or has been entrusted
with a prominent function in an international organization, such as directors, deputy
directors and members of the board. This term also includes up to second degree
family members and close associates.
- Unless otherwise there are any special laws relating thereto, these Terms and Conditions
shall be subject to the laws of the State of Kuwait, and to the jurisdiction of
the Kuwaiti courts only and we accept the local jurisdiction of the courts of the
capital of Kuwait for any dispute arising therefrom.