Abu Dhabi Islamic Bank (“ADIB”) Smartdeals program – The ADIB Smartdeals program provides ‘BUY 1 GET 1’ offers and Discounts (the “Offers”) at participating retailers (the “Preferred Partners”) via the ADIB Smartdeals Traveller Mobile Application.
For the purpose of this Policy, “we” and “our” shall refer to ADIB smartdeals program.
1. When is information collected from you?
1.1 When you register for or use any of our services on websites owned and/or operated by us.
1.2 When you take part in any contest, survey, or promotion conducted by us and/or our business partners.
1.3 When you register as a member of websites owned and/or operated by us or hosted by us on behalf of our business partners or use services on such websites.
2. What is the information used for?
2.1 Information that you provide to us may be used and disclosed by us and our 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 the 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.
2.2 In the event that you participate in contests or other promotional programs on our websites sponsored or organized by third parties or purchase goods and services offered by third parties or offer goods and services to third parties on our sites, your information may be disclosed to and used by such third parties.
3.1 ADIB smartdeals program uses "cookies", where a small data file is sent to your browser to store and track information about you when you enter our websites. 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 website operators, ADIB smartdeals program may use an independent company (the “Third Party Market Research Company”) to measure and analyze the Internet usage across ADIB smartdeals program websites. ADIB smartdeals program uses the Third Party Market Research Company’s services to collect the following core information on the usage of our websites, including:
3.2.1 The number of page views (or page impressions) that occur on ADIB smartdeals program websites;
3.2.2 The number of unique visitors to ADIB smartdeals program websites;
3.2.3 How long these unique visitors (on average) spend on ADIB smartdeals program websites when they do visit; and
3.2.4 Common entry and exit points into ADIB smartdeals program websites.
3.3 This information is collated by the Third-Party Market Research Company and provided to ADIB smartdeals program to assist in analyzing the usage of ADIB smartdeals program websites. 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 ADIB smartdeals program websites may be coded with software that enables the Third Party Market Research Company and ADIB smartdeals program 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 Terms And Conditions (“Website 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 Conditions. In the event of any conflict, inconsistency, or ambiguity between these Member Conditions and the Website Conditions, these Member Conditions shall govern and take precedence over the Website Conditions:
1.1 All defined terms in the Website Conditions, apply to these Member Conditions unless specifically defined in these Member Conditions.
2. User Name, 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 ADIB smartdeals program and constitutes an offense under Section 8 of the Computer Misuse Act (Cap. 50A).
2.2 You shall provide ADIB smartdeals program 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 user name ("User Name"). You may not:
2.3.1 select or use a User Name 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 User Name that ADIB smartdeals program, in its sole discretion, deems inappropriate or offensive.
2.4 You shall promptly notify ADIB smartdeals program 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 User Name and Password.
2.5 You shall be bound by and responsible for, and ADIB smartdeals program 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 through the use of your User Name and Password.
2.7 ADIB smartdeals program 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 User Name and Password.
2.8 You agree that ADIB smartdeals program reserves the right to change or re-assign User Names and/or Password(s) at its sole discretion by giving you notice. ADIB smartdeals program 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 ADIB smartdeals program is given to ADIB smartdeals program, you agree that ADIB smartdeals program 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 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 organisations;
3.1.8 comply with the 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 ADIB smartdeals program 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 AADIB smartdeals program 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, ADIB smartdeals program 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 Conditions or these Member Conditions or if ADIB smartdeals program believes that you have been using the Account for unlawful and/or undesirable activities.
4.2 You agree not to hold ADIB smartdeals program 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 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 ADIB smartdeals program's 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 that 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 Conditions or these Member Conditions, shall be grounds for termination of your use of the Site and Services and/or your Account, at ADIB smartdeals program's sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.
5.5 Without prejudice to the ADIB smartdeals program’s rights of restriction, suspension, and termination under Clause 4 above, the ADIB smartdeals program 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 Conditions or if ADIB smartdeals program 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 ADIB smartdeals program, 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 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 (including the Official Secrets Act (Cap.213)) 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 ADIB smartdeals program or the site or using the services, you automatically:
6.3.1 and irrevocably grant and assign to ADIB smartdeals program 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 ADIB smartdeals program to account to you for any proceeds thereof, and you also agree and undertake to execute at the request of ADIB smartdeals program, such other instruments, assurances or documents, as may be required to vest in ADIB smartdeals program, or required for ADIB smartdeals program 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, ADIB smartdeals program 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 websites, and other printed and online publications and newspapers;
6.3.2 represent and warrant that:
(i) all such User Content is 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 ADIB smartdeals program to any civil or criminal proceedings in any part of the world; and
(iv) the use by ADIB smartdeals program 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 ADIB smartdeals program will not require any further licenses or rights from, or infringe any intellectual property or other rights of, any third party; and
6.4 ADIB smartdeals program at all times 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, ADIB smartdeals program may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which ADIB smartdeals program believes are Improper Works, or which is the subject of any dispute.
6.5 ADIB smartdeals program may in its sole and absolute discretion lift the restriction or suspension of your access to the Site, Services or Account if ADIB smartdeals program is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute. If full payment was received by the ADIB smartdeals program for the display of such removed User Content, ADIB smartdeals program will restore such paid User Content (provided always that such User Content is no longer deemed as Improper Works or is the subject of any dispute) on to the Site until the remaining term for its display expires. For the avoidance of doubt, ADIB smartdeals program shall not be obliged to extend the term for the display of paid User Content, for the time period that such User Content was removed from the Site. In the event that ADIB smartdeals program fails to restore the paid User Content for whatsoever reason, you agree that ADIB smartdeals program shall only be liable to refund the amounts paid for the display and publication of such User Content, on a pro-rated basis for the remaining and unexpired term for its display.
6.6 You agree to indemnify and hold ADIB smartdeals program, and its subsidiaries, affiliates, officers, agents, co-branders or other 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 User Content you submit, post to or transmit through the Site or Services.
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 ADIB smartdeals program and yourself.
7.1.2 ADIB smartdeals program shall be entitled at any time, at its sole discretion and without prior notice, to:
184.108.40.206 add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or
220.127.116.11 add new Services.
7.1.3 Where new Services are added, these Member Conditions and the Website 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 ADIB smartdeals program’s online contests and lucky draws can be found here and are hereby incorporated by reference into these Member Conditions.
8.1 ADIB smartdeals program may offer the use of any Service, subject to payment of a fee or other charges to ADIB smartdeals program. If you wish to use such Service, you shall make full and prompt payment to ADIB smartdeals program of the applicable fees in accordance with the payment terms specified by ADIB smartdeals program at the point of transaction.
8.2 You acknowledge and agree that ADIB smartdeals program in its sole and absolute discretion, may now or in the future impose a fee or vary any fee for any Service by notifying you.
8.3 In the event that any fee for any Service is stated erroneously on the Site or otherwise, as determined in the sole discretion of ADIB smartdeals program:
8.3.1 is not obliged to provide the Service to you at the erroneous fee; and
8.3.2 shall be entitled to rectify such error by giving you written notice of the error and of the correct fee.
If you do not agree to make payment of the correct fee after being notified, you may terminate the Service and ADIB smartdeals program shall refund any fees paid by you to ADIB smartdeals program on a pro-rated basis for the remaining and unexpired portion of the term for such Service, as your sole remedy.
8.4 In the event that ADIB smartdeals program terminates or withdraws the operation of any Service, ADIB smartdeals program may (but is not obliged to) refund any fees paid by you to ADIB smartdeals program, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant Service.
8.5 If your Account is terminated at any time by ADIB smartdeals program for breach of the Agreement, or if you cancel any payable Service, you shall not be entitled to any refund of any fees that have been paid to ADIB smartdeals program and shall be liable to pay ADIB smartdeals program the unpaid balance of the full amount of the agreed fees for the Service.
8.6 Your use or access of certain Services or ADIB smartdeals program Content may require payment of additional charges to other third party service providers, including your telecommunications service provider or mobile service provider. You shall be solely responsible for the payment of any applicable telecommunications charges, data charges, or other charges incurred in connection with your use or access of the Services or ADIB smartdeals program Content. You should check with your relevant third party service provider(s) if any such additional charges are applicable, prior to using, accessing, or purchasing any Service or ADIB smartdeals program content.
9. AADIB smartdeals program’s Legal & Regulatory Compliance Obligations
9.1 You acknowledge that ADIB smartdeals program 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 ADIB smartdeals program liable or responsible for any such breach of the Agreement.
10.1 You hereby agree that:
10.1.1 All records of ADIB smartdeals program 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
10.1.2 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. App Services by Subscription
2.1 The following provisions shall apply where access to the App Services is available via a subscription service subscribed on or via the Site (“App Subscription Service”):
2.1.1 ADIB smartdeals program does not guarantee that the said App Services will remain available as an App Subscription Service. ADIB smartdeals program 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 the 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, ADIB smartdeals program reserves the right to replace it with another product of similar value at its discretion. ADIB smartdeals program is also entitled to withdraw any gift offered if ADIB smartdeals program, 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, you must provide us with complete and accurate payment information.
2.1.4 AADIB smartdeals program 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.