National Bank of Fujairah PJSC (“NBF”) provides ‘discounted offers’ and ‘Buy one get one free’ offers at participating retailers via the “NBF Rewards” Mobile Application. The Offers are managed by a third party, known as International Marketing Communications (“IMC”) through a product called TravellerPass.
For the purpose of this Policy, “we” and “our” shall refer to NBF Rewards.
1. When is information collected from you?
1.1 When you register for or use any of our services on website/app owned and/or operated by NBF
1.2 When you take part in any contest, survey or promotion conducted by NBF and/or our business partners.
1.3 When you register as a member on website/apps owned and/or operated by NBF, or hosted by NBF on behalf of business partners or use services on such website/app.
2. What is the information used for?
2.1 Information which you provide to NBF may be used and disclosed to affiliates, business partners and contractors for the following purposes:
2.1.1 to respond to your requests and queries;
2.1.2 to provide goods and services to you;
2.1.3 to verify and process your personal particulars;
2.1.4 to communicate with you;
2.1.5 to enforce contractual and legal rights and obligations;
2.1.6 for marketing research, user profile and statistical analysis;
2.1.7 to send you information, promotions, updates, and marketing and advertising materials in relation to our goods and services and those of third party organizations;
2.1.8 complying with law, the requests of law enforcement and regulatory officials, or orders of court; and
2.1.9 for any other purposes for which we have obtained your consent, including during the registration process under our Member Terms and Conditions.
3.1 NBF Rewards uses "cookies", where a small data file is sent to your browser to store and track information about you when you enter our website/apps. The cookie is used to track information such as the number of users and their frequency of use, profiles of users and their preferred sites.
3.2 Like many web site operators, NBF Rewards may use an independent company (the “Third Party Market Research Company”) to measure and analyze the Internet usage across NBF Rewards web sites. NBF Rewards uses the Third-Party Market Research Company’s services to collect the following core information on the usage of our web sites, including:
3.2.1 The number of page views (or page impressions) that occur on NBF Rewards websites;
3.2.2 The number of unique visitors to NBF Rewards web sites;
3.2.3 How long these unique visitors (on average) spend on NBF Rewards web sites when they do visit; and
3.2.4 Common entry and exit points into NBF Rewards web sites.
3.3 This information is collated by the Third-Party Market Research Company and provided to NBF Rewards to assist in analyzing the usage of NBF Rewards web sites. Such data is also accessible by media organizations and research companies, for the purpose of conducting industry comparisons with other Internet portals.
3.4 Pages on NBF Rewards web sites may be coded with software which enables the Third-Party Market Research Company and NBF Rewards to track visitors to our websites.
Member Terms and Conditions
By clicking on the “I Accept”, “Submit”, “Login” or similar button or checking the “I Accept” or similar box at the end of the Account registration process or when logging in to your Account, you hereby agree to be bound by these Member Terms and Conditions (“Member Conditions”) as well as the website/app Terms And Conditions (“website/app Conditions”) which are hereby incorporated by reference into these Member Conditions, including without limitation, the representations set out in Clause 1.1 of the website/app Conditions. In the event of any conflict, inconsistency or ambiguity between these Member Conditions and the website/app Conditions, these Member Conditions shall govern and take precedence over the website/app Conditions:
1.1 All defined terms in the website/app Conditions, apply to these Member Conditions unless specifically defined in these Member Conditions.
2. Username, Password, Account Information
2.1 You agree that your Account is for your sole, personal use (or that of the entity on whose behalf you are entering into these Member Conditions). You hereby agree not to:
2.1.1 share with or permit others to use your Account or Password (defined in Clause 2.3); or
2.1.2 assign or otherwise transfer your Account to any other person or entity.
You acknowledge and agree that any unauthorized sharing or disclosure of your Password will cause wrongful loss to NBF Rewards
2.2 You shall provide NBF Rewards with accurate, complete, and up-to-date Account information and further ensure that the information is kept updated and remains current, accurate and complete. Failure to do so shall constitute a breach of these Member Conditions, which may result in the restriction, suspension or immediate termination of your Account.
2.3 As part of the registration process for the Account, you will select a password ("Password") and username ("Username"). You may not:
2.3.1 select or use a Username of another person with the intent to impersonate that person;
2.3.2 use a name subject to the rights of any other person without authorization; or
2.3.3 use a Username that NBF Rewards, in its sole discretion, deems inappropriate or offensive.
2.4 You shall promptly notify NBF Rewards of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your Username and Password.
2.5 You shall be bound by and responsible for, and NBF Rewards shall be entitled to rely on, all communications transmitted through the use of your User Name and Password, and all such communications shall be deemed to be communications made and issued by you.
2.6 You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted using your Username and Password.
2.7 NBF Rewards shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Username and Password.
2.8 You agree that NBF Rewards reserves the right to change or re-assign Usernames and/or Password(s) at its sole discretion by giving you notice. NBF Rewards shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
2.9 Unless prior written notice of no less than thirty (30) days (or such other period specified by NBF Rewards) is given to NBF Rewards, you agree that NBF Rewards may automatically renew your membership or subscription account upon expiration.
3. Use of Account Information
3.1.1 to respond to your requests and queries;
3.1.2 to provide the Services to you;
3.1.3 to verify and process your personal particulars and payments;
3.1.4 to communicate with you;
3.1.5 to enforce these Member Conditions and the website/app Conditions and our legal rights and remedies;
3.1.6 for marketing research, user profile and statistical analysis;
3.1.7 to send you information, promotions, updates, and marketing and advertising materials in relation to our goods and services and those of third party organizations;
3.1.8 complying with law, the requests of law enforcement and regulatory officials, or orders of court; and
3.1.9 for any other purpose including the disclosure of such information to third parties for commercial / business reasons, provided that NBF Rewards shall not disclose credit card account information except for the purposes set out in Clauses 3.1.2 and 3.1.3 above.
4. Suspension and Termination of Account
4.1 You agree that NBF Rewards has the right in its sole and absolute discretion and without notice to:
4.1.1 restrict, suspend, or terminate your access to all or any part of the Services; and/or
4.1.2 terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason. Without prejudice to the generality of the above, NBF Rewards reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any of our website/app Conditions or these Member Conditions or if NBF Rewards believes that you have been using the Account for unlawful and/or undesirable activities.
4.2 You agree not to hold NBF Rewards liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.
5. Member Obligations
5.1 You represent and warrant that you have read and agree to be bound by our website/app Conditions and these Member Conditions.
5.2 You acknowledge that the Site and Services are used by a community of users, and you hereby agree and undertake:
5.2.1 to treat all users with respect and civility;
5.2.2 not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users;
5.2.3 not to spam, mail bomb, send viruses, spyware, malware, worms or other damaging material to other users, or act in any manner that adversely affects the use of the Services by other users;
5.2.4 not to harvest or otherwise collect information about users, including email addresses, without NBF Rewards’ prior written consent.
5.3 You agree that when using the Services:
5.3.1 you will only submit, upload or publish User Content in strict compliance with Clause 6 below;
5.3.2 you will not offer for sale items and/or services which are illegal, banned, unlicensed, controlled, or socially or morally reprehensible items;
5.3.3 you will not offer for sale items and/or services, or submit, upload or publish User Content, in an incorrect or inappropriate category or area on the Site, including without limitation posting unauthorized advertisements in any forum, discussion or message boards that is open and accessible to users of the Services; and
5.3.4 you will not alter, delete, manipulate, undermine or interfere with the listings or postings of any other Member.
5.4 Any infringing, fraudulent, abusive, or otherwise illegal activity, or any breach of the website/app Conditions or these Member Conditions, shall be grounds for termination of your use of the Site and Services and/or your Account, at NBF Rewards’ sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.
5.5 Without prejudice to NBF Rewards’ rights of restriction, suspension and termination under Clause 4 above, NBF Rewards reserves the right to terminate your Account and/or your access to all or any part of the Site or Services if you are in breach of any of these Member Conditions or the website/app Conditions or if NBF Rewards believes that you have been using the Site or any of the Services for unlawful and/or undesirable activities.
5.6 You agree to indemnify and hold NBF Rewards, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
5.6.1 any advertisements, listings, postings or User Content placed by you;
5.6.2 any products and services offered, sold, provided, or advertised by you;
5.6.3 your use of any Services;
5.6.4 your breach of warranty, or breach of any terms and conditions of these Member Conditions; or
5.6.5 your misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.
6. User Content
6.1 Please exercise respect when participating in any community feature on the Site/app or the Services which permits you to upload or submit User Content.
6.2 You may not submit, upload or publish through the Site or the Services any User Content that is inaccurate, misleading, libelous, defamatory, threatening, pornographic, obscene, indecent, lewd, abusive, illegal, political, racist, religious, blasphemous, false, an infringement of any intellectual property rights of a third party, or would otherwise violate or encourage the violation of any law or the proprietary or other rights of any third party (individually and collectively “Improper Works”). Furthermore, you may not submit or publish User Content that solicits funds, or includes programs that contain viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer.
6.3 If, at any time you contribute, submit, upload or post User Content to NBF Rewards or the Site or using the Services, you automatically:
6.3. irrevocably grant and assign to NBF Rewards an equal share of all intellectual property rights, title and interests (including copyright) in the User Content, in all forms and media, and in all countries of the world, to be co-owned as tenants-in-common, with full rights to use, license, exploit and enforce the said intellectual property rights and to assign the above share of co-ownership, and without any obligation for NBF Rewards to account to you for any proceeds thereof, and you also agree and undertake to execute at the request of NBF Rewards, such other instruments, assurances or documents, as may be required to vest in NBF Rewards, or required for NBF Rewards to register in any jurisdiction, all the title or rights as referred to herein. For the avoidance of doubt, and without derogation from the above, NBF Rewards and its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) shall have a non-exclusive, royalty-free, irrevocable, perpetual and worldwide right to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-license the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other website/apps, and other printed and online publications and newspapers;
6.3.2 represent and warrant that:
(i) all such User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
(ii) none of the User Content are proprietary or confidential;
(iii) none of the User Content are Improper Works, nor will they expose NBF Rewards to any civil or criminal proceedings in any part of the world; and
(iv) the use by NBF Rewards and other users for the purposes and in the manner set out in this Clause 6.3, and the hosting of such User Content on the Servers by NBF Rewards will not require any further licenses or rights from, or infringe any intellectual property or other rights of, any third party; and
6.4 NBF Rewards always retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, NBF Rewards may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which NBF Rewards believes are Improper Works, or which is the subject of any dispute.
6.5 NBF Rewards may in its sole and absolute discretion lift the restriction or suspension of your access to the Site, app, Services or Account, if NBF Rewards is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute.
7. Use of Services
You acknowledge and agree that:
7.1.1 Some Services are subject to further terms and conditions or the execution of a separate contract between NBF Rewards and yourself.
7.1.2 NBF Rewards shall be entitled at any time, at its sole discretion and without prior notice, to:
126.96.36.199 add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or
188.8.131.52 add new Services.
7.1.3 Where new Services are added, these Member Conditions and the website/app Conditions will also apply to such new Services, in addition to any further terms and conditions notified to you.
7.2 App Services by Subscription
7.2.1 The terms and conditions governing the subscription on or via the Site to an App or the content or services of an App (“App Services”), can be found here, and are hereby incorporated by reference into these Member Conditions.
7.3 Online Contests & Lucky Draws
7.3.1 The terms and conditions governing NBF Rewards’ online contests and lucky draws can be found here and are hereby incorporated by reference into these Member Conditions.
8. NBF Rewards’ Legal & Regulatory Compliance Obligations
8.1 You acknowledge that NBF Rewards may be required under applicable law or upon the receipt of legitimate instructions from government authorities, to carry out acts in breach of the terms of this Agreement, and you hereby agree not to hold NBF Rewards liable or responsible for any such breach of the Agreement.
9.1 You hereby agree that:
9.1.1 All records of NBF Rewards relating to the Services, your use or access of the Services or the Site, your Account, your particulars, any Content, or this Agreement (collectively “Records”), though in electronic form, are written documents, and you shall not dispute or challenge the validity or enforceability of any Record on the grounds that it is not a written document, is in electronic form, or was produced by or is the output of a computer system, and you hereby waive any such right you may have at law; and
9.1.2 the Records, though in electronic form, are original documents, and you will not challenge the admissibility of any Record on the grounds that it is made in electronic form.
App Services by Subscription
TERMS AND CONDITIONS
2. Activation and usage
2.1.1 NBF Rewards does not guarantee that the said App Services will remain available as an App Subscription Service. NBF Rewards reserves the right to alter the App Subscription Service, the types of content or services offered on or via the App, the subscription period, and the fees for such App Subscription Service.
2.1.2 Any gifts offered for subscribing to the App Subscription Service are subject to availability of stocks. Where available, the color and model of the gift may vary from the sample shown. If the selected gift is unavailable for any reason, NBF Rewards reserves the right to replace it with another product of similar value at its discretion. NBF Rewards is also entitled to withdraw any gift offered if NBF Rewards, in its sole and absolute opinion, determines that you have (i) abused the benefit through incidences that include but are not limited to frequent changes of subscription plans or (ii) declared false or misleading information in the subscription form.
2.1.3 In order to subscribe to an App Subscription Service, customer must be an NBF cardholder and use pre-shared credentials sent by NBF.
2.1.4 NBF Rewards reserves the right to restrict, suspend or terminate your subscription to the App Subscription Service if you breach any applicable terms and conditions, with or without notice and without further obligation or liability to you.