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Please read the following Terms and Conditions carefully. Access to and use of the M-commerce Service is conditional on your acceptance of these Terms and Conditions.

To signify your agreement to these Terms and Conditions please click "I Agree". If you do not agree to comply with these Terms and Conditions please click "I Disagree" and you will automatically be taken back to the Site.

DEFINITIONS

"Account" means any account held by you with us from time to time
"Business Day" means a day on which we are open for general business
"Cards" means any credit cards and/or debit cards held by you with us from time to time.
"Instruction" means an instruction sent by you to us through the M-commerce Service whether of a transactional nature or request for information nature or for any other purpose permitted by the M-commerce Service from time to time
"M-commerce Service" means the mobile commerce / Mobile Banking service, a bankDirect service provided by us pursuant to which you may execute or request (through an Instruction) transactions and Account information and receive (through a Response) Account information via a short message service through a mobile phone
"MPIN" means the five-digit PIN code created by you and used to access the M-Commerce Service
"Response" means a response sent by us to you through the M-commerce Service in response to an Instruction
"Site" means the M-commerce web site as modified from time to time at our discretion
"Terms" means these Terms and Conditions (as amended from time to time)
"Username" means the username provided to you by us pursuant to your signup to the M-commerce Service. The username shall be used for all access by you to the M-commerce Service
"We", "us" and "our" means The Commercial Bank of Qatar (Q.S.C.)
"You" and "your" means the customer using the M-commerce Service

ACCESS TO AND USE OF THE M-COMMERCE SERVICE

We will, on a best efforts basis, make available the M-commerce Service however availability is dependant on 3rd party service providers (including telecommunications providers) and may be interrupted from time to time by routine maintenance requirements, excess demands on the M-commerce Service and reasons beyond our control.
The M-commerce Service may only be accessed from the mobile phone registered to you in your application for the M-commerce Service.
Where the M-commerce Service is linked to a joint Account only one Account holder may access and use the M-commerce Service as a ‘subscriber’ and the subscriber shall be deemed to be acting for and on behalf of all joint Account holders who shall be deemed to have knowledge of, and consented to, all actions by the subscriber through the M-commerce Service.
The M-commerce Service must not be used to perpetrate any kind of fraud or illegality. You must not attempt to decompose, reverse or tamper with the M-commerce Service system or software.
The M-commerce Service is not intended to be used in lieu of any other service provided by us, and in particular you must continue to carefully, regularly and thoroughly check Account statements sent from time to time.
We shall inform you of any prolonged inaccessibility to , or termination of, the M-commerce Service or any facility or service available there under.
You shall be responsible for payment of airtime and other charges levied by your telecommunications provider in relation to the M-commerce Service in accordance with their terms and conditions.

INSTRUCTIONS

Instructions sent by you shall, unless proven otherwise, will be deemed to be validly, legally, knowingly and genuinely sent by you or on your behalf and
1. you irrevocably and unconditionally accept responsibility and liability for any and all Instructions, and
2. we shall rely on, and accept as genuine and validly given, any Instructions and we shall not verify Instructions.
You must ensure that
1. there are sufficient funds in your Account(s) to complete an Instruction; And
2. all details relating to beneficiaries contained in an Instruction are correct and complete. We shall not verify or complete beneficiary account details.
We may refuse to effect an Instruction if we have reason to believe the Instruction is issued for an illegal purpose or in accordance with our anti-money laundering policies.
Our record or Instructions shall be conclusive evidence of such Instruction and is deemed to be consent by you to issue a related Response (which may contain Account or transaction information) and acceptance by you of liability for the inherent risks involved in the transfer of such information.
Instructions cannot be reversed once issued. We will use reasonable efforts to modify, not process or delay processing an Instruction where requested however we shall not be liable in the event of inability to do so.
We shall not acknowledge receipt of Instructions other than predefined Responses relating to certain Instructions.
Instructions to transfer funds to an account in a foreign country are made through successive and corresponding third party banks; our liability shall be limited to the initial transfer of funds by us from your Account only and we shall not verify onward transmission or completion of the transaction by third party banks. Such transaction Instruction shall be completed in the currency of the country where the beneficiary account is held.
We shall determine the priority in which we effect Instructions.
We shall not be responsible for any disruption of utility services caused by processing (or a delay in processing) Instructions for payment of utility services.
Instructions in foreign currencies or where the receiving account is not held with us will only be effected up to the cut-off time applicable to the foreign currency on a Business Day. Instructions given after the cut-off time or not on a Business Day will be effected on the next Business Day.

TRANSACTION LIMITS

All transaction Instructions through the M-commerce Service will be subject to limits determined by us from time to time.

EFFECTING INSTRUCTIONS AND RESPONSES

We shall use our best efforts to execute Instructions and (where applicable) issue Responses however factors affecting 3rd party service providers (including telecommunications providers) from time to time may cause Response to be delayed or not delivered. In the event of non-delivery we shall not re-transmit a Response unless we receive another Instruction.
A Response containing Account information is retrieved from our systems real time and is the most recent and up to date Account information as at the time of the Response. Other information contained in a Response may not be retrieved real time but is the most recent and up to date information contained on our systems.
We may refuse to send a Response if the related Instruction requires written confirmation of such Instruction.
Certain Responses (including but not limited to effecting transaction Instructions) may take time to process and/or may only be sent during normal working hours.

FACILITIES AND SERVICES

We may from time to time introduce, modify or delete facilities or services within the M-commerce Service. Introduction of new facilities or services may be subject to acceptable of additional terms and conditions.
We may from time to time send messages to you through M-commerce concerning Accounts or other products, facilities or services offered by us.

SECURITY MEASURES

We shall take all reasonably practicable measures to ensure that access to and use of the M-commerce Service is secure, and to manage and control the risks in operating the M-commerce Service.
We may at any time alter, amend or replace any procedure, system, or service within the Service to maintain the encryption, security and confidentiality of the Service.
You must:
1. keep your Username and MPIN secure and strictly confidential; and
2. keep Account and M-Commerce Service information (including Instructions and Responses) confidential and take reasonable steps to prevent unauthorised access to and use of such information.
Once you have opened a session in the M-commerce Service you must not leave your phone unattended. If your mobile phone is logged on to the M-commerce Service but there is no action on the M-commerce Service for 3 minutes the system will time-out and you will be automatically logged-off. You must not let anyone else use your phone until your M-commerce Service session has properly ended.
You must notify us immediately of any suspected or actual discovery of or unauthorised use of your Username and/or MPIN and/or your M-commerce account pursuant to which we shall suspend your access to the M-commerce Service and make arrangements for you to select a new Username and MPIN.
In the event of loss or theft of your mobile phone or SIM card or a change or disconnection of the mobile number linked to the Service you must notify us immediately.
You may be required to assist us and/or the police in any enquiries relating to a breach of security of the Service. Pursuant to this we may disclose information concerning you or your Accounts to the police to prevent or recover losses.
You must comply with any additional security measures notified to you from time to time.
We may reset your Username and/or MPIN at any time. You may change your MPIN at anytime through the M-commerce Service and for safety reasons you are advised to change your MPIN every six (6) weeks.

FEES AND CHARGES

We currently do not charge a fee for use of the M-commerce Service but reserve the right to introduce fees and charges at any time.
Fees and charges related to transactions the subject of an Instruction will be debited from your Account(s) at time of execution of the transaction.

RECORDS AND STATEMENTS

You may check Account statements and all records of Instructions through the M-commerce Service.
You should check Account statements regularly and advise us immediately (and in any event within 15 days) of any discrepancy or dispute. Any failure to notify us will deem the statement to be true and correct.
Our records and accounts of transactions through the M-Commerce Service are prima facie evidence of the matters to which they relate and may be admitted as evidence in any litigation or arbitration proceedings arising out of or in connection with your use of the M-commerce Service.

LIABILITY AND INDEMNITY

You shall be liable for, and shall indemnify us against, any costs, claims, damages or losses resulting from:
1. your access to and use of the Site and the M-commerce Service or the M-commerce channel;
2. subject to 10(b) below, Instructions issued from, and Responses send to, your mobile, including retention of Instructions and Responses on your mobile;
3. use of the M-commerce Service amount to negligence, misconduct or fraud and for the avoidance of doubt acting ‘negligently’ shall be deemed to include failure to observe your security obligations referred to in these Terms;
4. your reliance on Responses and other information available on the M-commerce Service;
5. your breach of these Terms;
6. ensuring transaction beneficiary account information and your Card and Account information is kept up to date within the M-commerce Service to prevent rejection of transaction Instructions; and
7. enforcement of our rights hereunder.
You shall not be liable for:
1. Instructions sent from, and Responses sent to, your mobile after giving us notice of, and reasonably time to act on, a security breach of loss of or change in mobile number; and
2. Fraudulent Instructions provided that there is incontrovertible evidence of such fraud.
Where the M-commerce Service is linked to a joint Account and notwithstanding 2(d) above, all joint Account holders shall be jointly and severally liable under these Terms.
We shall only be liable to you for losses suffered by you as a result of a breach of these Terms by us or as a result of our own gross negligence or willful misconduct. We shall not be liable for inaccessibility to or unavailability of the M-commerce Service attributable to 3rd party service providers (including telecommunications providers) or due to reasons beyond our control.

TERMINATION

You may terminate your registration to the M-commerce Service at any time upon written notice to us.
We may suspend, restrict or terminate your the M-commerce Service (or any facility or service available thereunder) or your registration thereto at any time in our sole discretion.
Termination of your registration to the M-commerce Service (whether by you or by us) shall not affect completion of any Instruction sent prior to the effective time of termination.
Termination in accordance with this Section 11 shall not affect accrued rights or liabilities.

CALL CENTRE

We operate a Call Centre. For queries concerning the M-commerce Service, Accounts or any other banking product, facility or service please call the Call Centre.
We may record calls for transaction verification, records, and quality control training purposes.

SET-OFF

We may, at any time and without notice to you, combine or consolidate all or any of the funds held in your Accounts and off-set such amounts against amounts due and owing to us.

PERSONAL INFORMATION AND ANTI-MONEY LAUNDERING

In the event any information provided by you within the application for the M-commerce Service changes you must notify us immediately.
Use of the M-commerce Service is subject to all information requested by us or required by law, rule or regulation (in particular Qatar Central Bank anti-money laundering regulations) being provided by you.
Failure to provide information, or in the event information proves to be incorrect or fraudulent, may result in refusal to provide, or cancellation of, the M-commerce Service and other banking facilities and services.
In the event of suspicion concerning your involvement in money laundering, terrorism financing or other illegal activities we reserve the right to
1. withdraw the M-commerce Service and all other banking facilities and services,
2. set aside funds held in your Accounts,
3. off-set funds or securities held in your Accounts against any indebtedness to us, and

MISCELLANEOUS

We reserve the right to refuse any application for the M-commerce Service at our absolute discretion.
We shall provide 3rd party service providers (including telecommunications providers) with information relating to you on in so far as necessary to provide the M-commerce Service to you and to facilitate issuance and receipt of Instructions and Responses.
The M-commerce Service is the property of Commercialbank and we retain the copyright interest in all software and documentation relating to the M-commerce Service, including any subsequent amendments.
These Terms shall apply in conjunction with any other terms and conditions applicable to banking products, facilities or services held by you with us, including but not limited to Accounts terms and conditions. In the event of a conflict between these Terms and other applicable terms and conditions, these Terms shall prevail in so far as the subject matter of the conflict is or relates to the M-commerce Service or any facilities or services available thereunder.
These Terms have been executed in Arabic and English language; in the event of any discrepancy between the languages or dispute relating to the M-commerce Service or these Terms, the Arabic text shall prevail.
We may amend these Terms at any time in our absolute discretion. Any such amendments will be posted on our Site and in our branches and shall be binding on you from the date of such posting.
Our trademarks and trade names are registered trademarks and trade names. We, and our subsidiaries, also claim rights in certain other trademarks and trade names contained from time to time on the Site and no third party shall have any claim to such trademarks or trade names.

GOVERNING LAW

These Terms and the M-commerce Service shall be governed by and construed in accordance with the laws of the State of Qatar.
The competent courts of the State of Qatar shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and the M-commerce Service but notwithstanding this we reserve the right to pursue our remedies outside of the State of Qatar in the courts of any other competent jurisdiction considered appropriate.

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