Service Summary

This document outlines the terms and conditions (“T&C”) governing the provision and use of Al Tijari Pro Services (“Services”), a secure API-based digital payment solution offered by Commercial Bank of Kuwait (“CBK”, “Bank”) to corporate clients (“Clients”), and shall form an integral part of the Corporate Online Banking Service Request Form (“Service Application”). The Services enables Clients to initiate fund transfers from their CBK accounts to beneficiaries’ accounts at CBK or other local banks through a dedicated and whitelisted secured API connection.

 CBK and Client are individually referred to as a Party and jointly as the Parties.

This T&C establishes clear responsibilities for both the Bank and the Client, covering areas such as API usage, data security, legal liability, compliance with regulatory mandates, transaction processing, audit rights, and confidentiality. It also includes terms on fees, termination, and force majeure events. The intention is to create a reliable and secure digital channel for corporate fund disbursements while safeguarding the Bank's infrastructure and protecting the interests of all stakeholders.

The Client undertakes to comply with terms provided in this T&C and acknowledges its acceptance to the terms provided herein.

 Service Overview

•            Enable secure API connectivity between the Client’s platform and CBK’s core banking system through the Al Tijari Pro Service.
•            Allow corporate Clients to initiate digital fund transfers to their own clients (Beneficiaries) either within CBK or other local banks in Kuwait.
•            Define technical, legal, and operational requirements, including whitelisted IPs, user authentication, and transaction limits.
•            Ensure full compliance with CBK policies, AML/KYC regulations, and local laws of the State of Kuwait, as enforced and amended from time to time.
•            Outline the liabilities and responsibilities of both the Bank and the Client concerning usage, fraud prevention, error handling, and dispute resolution.
•            Establish a framework for confidentiality and data protection, particularly for handling beneficiary data and transaction information.
•            Set terms for service continuity, audits, amendments, and termination, providing both parties with legal and procedural clarity.

To avail  of the Services, the Client requests that the Bank to whitelist the IP address mentioned on the Service Application, which will be used to trigger these APIs. 

The Client, utilizing the Bank’s Services intends to initiate API requests to the Bank's systems for the purpose of facilitating fund transfers from its account(s) to the Beneficiary accounts held with the Bank or other local banks.

 The Bank is willing to provide the Client with access to the client’s accounts through set APIs under the T&C set forth herein.

 The Parties agree to the following T&C which are a binding and legal contract between the Client and the Bank noting that these conditions may be modified at the sole discretion of the Bank from time to time: 

1.       Definitions:

Other than words defined throughout the T&C, the following capitalized terms in the T&C shall have the following definitions:

•          “Access Codes” means user credentials, user name and password, authentication keys/tokens to provide customer access to the APIs.
•          “Affiliate” means any entity which Controls or is Controlled by or under common Control with or by a Party.
•          “API” means a software Application Program Interface. 
•          “Applicable Laws” means (a) any law or regulation in the relevant jurisdictions applicable to a Party and/or the Services from time to time; (b) the operating rules, regulations and guidelines and technical standards promulgated from time to time by any organization which apply in respect of the Services (including the Network Rules); and (c) any conditions placed on a license issued to CBK by a Regulatory Body.
•          “Annexures” means the Non-Disclosure Agreement, Client details forms, and any other document the Bank deems part of this T&C and signed by the Parties.
•          “Authorized Representatives” means with respect to a Party, the officers, directors, employees, agents, subcontractors and advisors of such Party.
•          "Available Balance"means the total balance of cleared funds credited to the CBK Account.
•          “Beneficiary” means an individual or entity (which shall include the Client) holding a bank account and is a customer of Client.
•          “CBK Account” means an account assigned to the Client by CBK and denominated in a Supported Currency.
•          “CBK Platform” means the online dashboard, APIs and other CBK systems made available to the Client.
•          “Confidential Information” means all information, data, practices and techniques relating to a Party’s or its Affiliates‘ clients, competitors, business, operations, strategies, computer systems, marketing systems and Intellectual Property Rights or other property, of which the other Party becomes aware in negotiating or performing this T&C, but does not include information which is publicly available or was lawfully known at the time of disclosure or later becomes part of the public domain through no breach of this T&C. This T&C and the Fees are CBK’s Confidential Information.
•          “Documentation” means CBK’s product support documentation, API documentation and applicable pages on its website, as updated by CBK from time to time.
•          “Instruction” means an instruction from the Client directly to CBK including any instruction made by recorded call, letter, email or via the CBK Platform.
•          “Service Application” means Corporate Online Banking Service Request Form

2.       Services Access and Usage:

•     The Bank grants the Client, through its Service a non-exclusive, non-transferable right to access and use the Bank's APIs solely for the purpose of initiating fund transfers from the Client's account to other accounts (the “Beneficiary”) held at CBK or other local banks.
•    The Client agrees to use the APIs only in accordance with the specifications and guidelines provided by the Bank, as amended from time to time.
•   "Al Tijari Pro Payment" is a digital service provided to the Client's platforms.
•   The Client will be connected to the Bank via a secured closed loop, and the proceeds will be debited from and credited to other accounts within the Bank and/or other local banks.
•    The Service transfer limits are subject to the limits set in the Corporate Online Banking Service Request Form, and change requests to the Services or the limits should be done by submitting a new request form signed by the Client recorded call, letter, email or via the CBK Platform. Approvals to such change of is to Bank discretion.
•    The Bank will need to white list the Client’s trusted IP address assigned for this Service (IP mentioned in the Service Application) as the Service will not be available for access by the public. This IP should be different than the IP used for Online Banking and Payment Gateway(s) used by the Client.
•     The Client is responsible for integrating the API with their existing applications. The Client shall comply with all requests from the Bank to finalize the integration, including -but not limited to-documentation, instructions, guidelines and requirements relating to its use of the Services and its integration to the CBK Platform.
•   The Client is responsible for its own development work and bear its own costs in relation to the integration of the API.

3.       Compliance with Laws and Regulations:

The Client shall comply with all Applicable Laws and regulations including but not limited to anti-money laundering (AML) and know your customer (KYC) requirements, Cyber Security Frameworks and other compliance and risk mandates, or as instructed by the Bank or Central Bank of Kuwait, currently enforced or introduced in the future, as amended from time to time. 

4.       Service Level Agreement:

•   All banking transactions received shall be processed on the same day.
•   If for any reason the Bank rejects, at its sole discretion, to process any transaction(s), the Client understands and accepts that the Bank shall not be liable for such refusal. The Bank may attempt to advise the Client but is not obligated to notify the Client accordingly.
•    The Client acknowledges and agrees that the Bank may process any transaction upon instruction received from the Client. Once instructions have been accepted to debit the Client's account, the Client may thereafter only cancel or amend the instructions provided that the Bank has not yet acted upon such instructions. The Bank shall not be liable for any cancellation instruction not received in a timely manner, and after processing.
•    The Bank shall not be responsible, nor held liable for any erroneous payments, instructions or transactions whatsoever or howsoever caused including those arising out of incorrect data provided by the Client and the Client agrees to waive any right to request the Bank to refund such payments or request the Bank for reverse entry of funds transferred out of Client's account due to the erroneous payment instructions or transactions by the Client.
• Client agrees that all transfers done using the Service are done without any liability on the Bank.
• Where the transfers are made and linked to an account in two or more names with the Bank, the Client acknowledges and agrees that this account may be accessed by each account holder acting individually and alone. CBK shall act on the instructions or authority of each individual account holder.
• If the Client fails to provide a timely, accurate and complete Instruction, the Bank may be unable to process, or may have to delay the processing of, such Instruction. The Bank will not be liable and may refuse to act upon any Instruction received from the Client if Bank believes that it: (i) may violate this T&C or other terms and conditions or agreements the Client or its Affiliates may have with CBK; (ii) is unauthorized, fraudulent or illegal; or (iii) expose the Client, CBK or others to risks unacceptable to CBK.

5.       Client Liabilities:

The Client agrees to the following terms:

• It is the Client's sole responsibility to ensure that their user ID and password related to the API access (or any future tech sign in process) chosen is kept safe and confidential
• The Client understands that the failure to protect the user ID and/or password related to the API access (or any future tech sign in process) may allow an unauthorized person or entity to access the Client's account.
• For security reasons the Client will not transmit via e-mail any information of a sensitive or transactional nature. E-mail service should only be used for queries and general information on Bank services.
• It is the Client’s sole responsibility to ensure correct instructions are released to the Bank and to check their transactions regularly.
• The Client irrevocably authorizes the Bank to effect reverse entry for any amounts erroneously transferred or credited to the Client's account, as beneficiary, from the Bank or from any other bank or financial institution without any objection or liability on the Bank for making such reverse entry, once the reverse entry is detected by the Bank or notified to the Bank.
• The Client acknowledges and agrees to waive any right that they may otherwise have for holding the Bank liable for any act, omission and/or delay by the Bank in processing or following the Client's instructions due to reasons beyond the Bank’s control.
•   The Client acknowledges and agrees that in order to use the Service upon following terms:
  •  Each time the Service detects the use of a username/password through the whitelisted IP address on which Client have registered for the Service or authorize transactions, Client is deemed to have accessed the Services and/or instructed the Bank to perform such transactions as the case may be.
  • Client users assume the full responsibility to protect their access credential from whatsoever means they use to login, with no liability on the Bank for misuse, fraudulent use of any credentials.

•   The Service is provided entirely at the sole risk of the Client. Under no circumstances will the Bank be liable to the Client or any third party for any loss, expense, costs or damages, including without limitation, direct or indirect, loss of profits or business opportunity, special, incidental, consequential, punitive or exemplary damages, whether in contract, tort, negligence, strict liability or otherwise, arising out of or in consequence of the use or inability to use the Service, or any portion thereof, by the Client or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus of the Service howsoever caused, or in connection with the unauthorized access to or alteration of the Client’s transmissions or data or by reason of any third party services provided outside the Bank's reasonable control.
•    The Client hereby agrees to indemnify and hold the Bank fully harmless against all claims, liabilities, and costs, including reasonable attorney fees, of defending any third party claim or suit against the Bank in connection with the use or failure to use the Service provided by the Bank.
•   The Client acknowledges and agrees that all information and material exchanged regarding the Service, including text, graphics, links or other items are provided "AS IS" and "AS AVAILABLE". The Bank does not warrant the accuracy, adequacy or completeness of this information and materials. No warranty of any kind, express or implied, including, but not limited to, the warranties of non-infringement of third party rights, title, Clientability, fitness for a particular purpose, and freedom from computer virus, is given in conjunction with the information and materials provided with the Service.
• The internal records of the Bank shall be conclusive evidence of all account balances and transactions as between the Bank and Client.
• The Client acknowledges their agreement to all transactions effected on their account(s) with the Bank as processed via the Service, whether for this Service or any other services as launched and introduced by the Bank and the Client agrees to the resultant debit transactions and /or the transfers between their accounts. The Client also acknowledge that agreeing on such transactions is made by the Client through the Service and that they are bound by such T&C and related consequences along with their full responsibility for having such agreements made or taken on their own accord whether by using the user name/password of the API service (or any future tech sign in process). This acknowledgement is submitted by the Client without any responsibility on the Bank for the Client's usage of the Service or for any damages that may arise therefrom.
•   The Client shall notify CBK immediately in the event of any suspected or actual unauthorized use of the Access Codes or unauthorized access to the CBK Platform. Notwithstanding such notification, the Client is solely responsible for all acts or omissions of any person that accesses the CBK Platform through the Access Codes and agrees to be bound by the terms of all transactions or Instructions submitted through the CBK Platform using the Access Codes.
• The Client is responsible for maintaining its own records relating to the Services and for reconciling such records against any entries made available on the CBK Platform. The Client must notify CBK promptly, and in any event, no later than sixty (60) days (or any longer minimum period prescribed by Applicable Laws) after any unauthorized, incorrect or disputed transaction or entry is entered on the CBK Platform. Following the expiry of this period, any such entry in the CBK Platform will be deemed agreed.
•       The Client shall be solely responsible for keeping, and shall take all steps to keep, any CBK Account opened and maintained with CBK safe at all times. The Client undertakes to notify CBK immediately upon becoming aware of or reasonably suspecting that any CBK Account has been misappropriated, used without authorization or otherwise compromised. Any delay in or failure to notify CBK shall result in the Client being liable for any losses that arise in connection therewith.
• The Client undertakes to fully comply with Law No. 106 of 2013 on Anti-Money Laundering and Combating the Financing of Terrorism, and the relevant instructions of the Central Bank of Kuwait, including adhering to due diligence procedures, immediately reporting any suspicious transactions, and providing all necessary data, records and documents to the competent authorities upon request.
•   The CBK Account shall be operated and accessed solely by the Client or a Client Authorized Representative. The Client shall be fully liable for any acts and omissions of any Client Authorized Representative or persons acting or purported to act on its behalf. If the Client allows any other third party (other than a Client Authorized Representative) to have access to or to operate any CBK Account for whatever reason, the Client shall be deemed to have authorized such use and shall be liable for all losses and fees incurred by such use.
• All Client's accounts whether at present or opened in the future may be used as collateral by the Bank.
•  Client undertakings:

The Client acknowledges and undertakes that:

(1).  it may not, unless agreed in writing by the Bank, allow its subcontractors access to the Services. The Bank may at its own discretion reject such request or demand a separate agreement to be signed with the subcontractor.

(2). it will not allow the Service to be used directly or indirectly, for the sending or receiving of payments, by any person or entity engaged in any business activity falling within any class of trade listed as unlawful or violates any applicable laws or regulations, as enforced or introduced in the future.

(3). the IP address provided in the Service Application is a static IP, and is owned and monitored by the Client.

•        Indemnification:

(1). The Client hereby agrees to indemnify and hold the Bank fully harmless for any loss, damages, costs or expenses incurred as a result or inconsequence of any fraudulent or unauthorized use of the Client user ID and/or password (or any future tech sign in process) by any person or entity other than the Client, under any circumstances whatsoever. The Client further agrees not to fraudulently use or abuse the Service.

(2). Client undertakes and agrees that it will defend, indemnify the Bank and its successors and hold it harmless from and against any and all liabilities, damages, losses, costs and expenses, arising as a result of breach to any of the terms and obligations set in this T&C. Client shall further undertake to indemnify the Bank against any dispute arising out of or resulting from any claim of a third party alleging: (i) a breach by Client of any representation, warranty or other obligations set forth in this T&C; or (ii) gross negligence or willful misconduct of the Client in connection with the performance of its obligations under this T&C.

• Use of Data by the Bank:
  •        The Client irrevocably and unconditionally, without any right of present or future objection, accepts all authorized debits and costs arising from the use of the Service, without limitation. For data sharing and marketing purposes, and without violating the terms of confidentiality imposed by Applicable Laws and regulations, the Bank may analyze transactional information or disclose Client information to third party providers in order to provide certain services.
  •       The Client may be contacted by the Bank/third party provider with offers that may be considered to be of interest to the Client. The Bank may also have to disclose some information to legal advisers, court orders, auditors and regulatory bodies (in order to comply with relevant law). The Client acknowledges that the Bank may use or share the information given previously, together with this information in the future for these purposes.

7.  Security and Confidentiality:

•   The Client agrees to implement and maintain reasonable security measures to protect the confidentiality and integrity of the API access credentials and any data transmitted between the Client and the Bank.
• The Client shall promptly notify the Bank of any unauthorized access or use of the API access credentials.
• The Client must suspend its use of the API Services and notify CBK immediately if the Client believes the security in connection with API Services has been compromised
• The Client (through the use of this Service) will not be allowed to do any inquiry or verification service of The Beneficiary accounts or other CBK Clients
• The Client is responsible for ensuring their infrastructure is secure and maintain minimum security requirements including but not limited to; regular penetration testing and regular vulnerability assessments.
•   The Client must establish, apply and maintain robust security systems and procedures to effectively monitor access to and use of the API.
• The Client must immediately inform the Bank, within (1) one working day, of any security breaches/events of their infrastructure which may adversely breach the security of the API
• Upon the occurrence, or CBK’s reasonable belief of the occurrence, of such an event/breach, CBK may immediately suspend the Client’s use of the API. CBK shall inform the Client of such suspension.
• The Bank owns the intellectual property rights of all technical details pertaining to the API. The Client must not intentionally share or disclose any technical details regarding the API provided by the Bank.
• The Client is responsible for any intentional or unintentional malicious usage of the API code or API credentials from within the Client’s infrastructure.
• The Client will ensure that its integration to and use of the API does not create material technical problems, damage, interruption, or degradation to the Bank’s infrastructure and services.

8. Audit and Reporting:

• The Client acknowledges that the Bank may conduct periodic audits of the Client's API usage to ensure compliance with this T&C and all Applicable Laws and regulations.
• The Client shall provide the Bank with any information or reports necessary to demonstrate compliance with AML, compliance, and risk mandates.
• The Bank reserves the right to request the Client to provide audit reports or security assessments confirming the Client security standards. Client shall not withhold such information, and in the event the Client refuses to provide such, the Bank may terminate the Services immediately.

9. Amendments to Terms and Conditions:
   • The Bank may -at its own discretion- from time to time amend or modify the terms and conditions or provide a supplemental thereto. The Bank shall notify the Client via mail, electronic mail, through CBK website, via publishing in CBK Branches or by any other means. Any and all such amendments shall be deemed incorporated into the T&C and form part thereof upon notification in the manner specified hereinbefore.
   • The Client acknowledges their responsibility to meet and complete all the requirements covering the usage of this Service and undertakes to sign a document that may be required by the Bank at any time for providing the Service. The Client also acknowledge that they reviewed the T&C and fully assume responsibility for all the transactions being processed through their usage to the Service . Further, the Client adheres to indemnify the Bank against all the material and ethical damages that the Bank may incur as consequence thereof.
10. Termination

10. Termination:
    • The Bank reserves the right to immediately terminate this T&C without further notice for any reason the Bank deems necessary, including – but not limited to- reasons related to cyber and security breaches, or Client’s lack of required licenses by regulatory bodies and as required by Applicable Laws. ..
    • The Client may terminate this T&C upon 60 days' written notice submitted to the Bank.
    • In the event of termination, the Client shall cease using the APIs, and any outstanding obligations or liabilities shall survive termination until final fulfillment and/or settlement.
    • The termination of this T&C shall not affect any rights or obligations accrued prior to the termination date.
    • All confidentiality terms associated with the Service shall remain valid on the Client for a period of 3 years after the termination date of this T&C.
    • The Client should maintain valid copies/full records of all transactions initiated through the use of these APIs for a period of 10 years after the date of the termination of this T&C.

11. Force Majeure
    • Neither Party shall be responsible towards the other for any default or non-performance of its obligations or related costs if the obligations required under this T&C have not been performed due to any events that are beyond the control of the delayed Party, or due to any local or international force majeure events or circumstances that impede the implementation of this T&C.
    • In the event of force majeure, the delayed Party has the right, under mutual written agreement with the other Party, to extend the time according to the duration of such force majeure circumstances. However, the delayed Party shall immediately notify the other Party of the force majeure event and discuss with the other Party the possible actions that can be taken to overcome delays as soon as possible. Further, the delayed Party shall make all reasonable efforts to overcome such delays.
    • If the force majeure circumstances last for a period exceeding the agreed upon term between both Parties, then either Party may notify the other of its wish to terminate this T&C immediately. Both Parties have agreed that in case such force majeure circumstances vanish before the aforementioned period, then the relationship already existing between them shall continue and this T&C will remain in full force.

12. Notices:
    • All correspondences and legal announcements shall be valid, enforceable, and legally binding when served on the addresses set out in this T&C or to the latest address provided via registered letter with acknowledgment of receipt, SMS to the specified number, e-mail, or any other modern means of communication.
    • Any change to the address of any Party shall only be effective or valid from the date when the other Party receives written notification of the change of the address.

The Parties confirm their contact details for notices as follows (unless a notice of change has been served to the other Party):

13. Contractual Term:
    • The term of this T&C is one (1) year (“Term”) starting from the Effective Date, and can be renewed for successive one (1) year periods (“Renewal Term”) by mutual written agreement (60) sixty days prior to expiry, unless terminated by either Party with 60 days' notice prior to the expiration Term.
    • The Bank, at its discretion, may delay cancellation to allow outstanding transactions to be completed. This includes repayment of any debit balance; check clearances and fees or charges.
    • The Bank reserves the right to refuse access to the Service and may, at its sole discretion, cancel at any time all rights and privileges relating to the Service

14. Fees and Commissions:
    • The Client consents, confirms and acknowledges that the Bank shall apply the commissions set out in the list of fees and commissions (tariff) as declared by the Bank and related amendments to be introduced in future as per banking policies and instructions.
    • The Bank reserves the right to amend fees and commissions with notice to the Client.

15. Intellectual Property Rights

The Client agrees that it shall not have the right to use the trademarks, trade names, domain names or logos of the Bank, nor any adaptation thereof, without the prior written consent of the Bank, which consent may be withheld by the Bank at its sole discretion.

16. Miscellaneous:
    • This T&C (along with its annexures and applications) constitutes the entire understanding between the Parties and supersedes all prior agreements, whether oral or written, regarding the Services.
    • This T&C shall be governed by and construed in accordance with the laws of Kuwait, with the exclusive jurisdiction of the Kuwaiti courts.

ANNEXURE 1

Confidential Information Non-Disclosure Agreement from Commercial Bank of Kuwait

In this Non-Disclosure Agreement (the "NDA "),Commercial Bank of Kuwait is referred to hereinafter as "Discloser," and the Client, is referred to hereinafter as "the Recipient."

each a Party and jointly the Parties.

The Discloser possesses certain ideas and information relating to APIs and software protocols that are confidential and proprietary to the Discloser and its business operations, including financial, technical, and commercial information as well as customer-related information ("Confidential Information"), andthe Recipient is willing to receive disclosure of the Confidential Information pursuant to the terms of this NDA for the purpose of implementing Al Tijari Pro Services (the “Service”).

In consideration of the premises and the mutual agreements and covenants contained in this NDA, and other valuable consideration, the Recipient agree as follows:

This NDA forms an integral part of the Service Application and the T&C of the Services.

Capitalized terms shall have the same meaning provided in the T&C, unless expressly provided herein.

The Discloser agrees to disclose, and the Recipient agrees to receive the Confidential Information, as per the terms provided herein.

Use and Non-Disclosure:

• The Recipient agrees to use its best efforts to prevent and protect the Confidential Information from disclosure to any person other than the Recipient's employees having a need for disclosure in connection with Recipient's authorized use of the Confidential Information.
• The Recipient agrees that the unauthorized use or disclosure of the Confidential Information, by any officers, employees, agents, representatives, or advisors of the Recipient to any unauthorized person shall cause the Discloser irreparable harm and damage.
• The Recipient agrees to hold the Confidential Information secret and in strict confidence at all times and not to disclose such Confidential Information to any unauthorized person or use it for the Recipient’s benefit or the benefit of third parties, except as provided in this NDA.

Confidentiality:

• “Confidential Information” means all oral information disclosed and conveyed by the Discloser to the Recipient at any time, all information previously made available to the Recipient, and all information specifically marked as "Confidential" by the Discloser transmitted in writing or electronically. Confidential Information includes materials given to the Recipient prior to this NDA or the Agreement.
• The Recipient agrees not to use the Confidential Information in any way, manufacture, or test any product embodying Confidential Information, except for the purpose set forth above.
• The Recipient agrees to take all steps reasonably necessary to protect the secrecy of the Confidential Information and prevent it from falling into the public domain or the possession of unauthorized persons.
• The Recipient agrees, upon the written request of the Discloser, to return all Confidential Materials received from the Discloser after use and dispose of any copies or reproductions.

Limitation of Confidentiality:

Certain Confidential Information shall not be deemed proprietary, and the Recipient shall have no obligation under this NDA regarding information that:

• Was known to the Recipient before receiving Confidential Information from the Discloser.
• Became publicly known through no wrongful act of the Recipient.
• Was received by the Recipient from a third party without restriction on use and disclosure.
• Became public or was ordered to be publicly released by a final court order or directive of a competent government agency.

Ownership of Confidential Information:

All Confidential Information shall remain the property of the Discloser, and the Discloser may use it for any purpose without obligation to the Recipient. This NDA does not grant or imply any transfer of rights to the Recipient of the Confidential Information.

Rights Assignment:

The Recipient shall have no right to assign any rights or obligations under this NDA or Service Application without prior written approval from the Discloser.

Duration and Termination:

The obligations in this NDA shall continue until the Confidential Information is no longer considered confidential, communicated in writing by the Discloser to the Recipient. This NDA may be amended, altered, or changed only in writing and with the agreement of both Parties.

Losses and Damages:

The Recipient shall be liable for any harm, loss, liability, damage, claim, cost, and expense arising from the misuse and disclosure of Confidential Information by its employees or authorized personnel.

Notices:

All correspondences and legal and judicial announcements shall be valid when served on the addresses set out in the Service Application or to the latest address provided via a registered letter with acknowledgment of receipt, SMS to the specified number, e-mail, or any other modern means of communication. Any change to the address shall be effective from the date when the Disclosure receives written notification of the change.

Governing Law and Litigation:

This NDA is a special ratification deemed as an Annexure to the Service Application to provide the user with the Service by the Discloser. It shall be governed by and construed in accordance with the laws of Kuwait, with the exclusive jurisdiction of the Kuwaiti courts.

Mandated Privacy Requirements:

The Client/Recipient is required to protect the privacy of The Beneficiary’s (as defined in the T&C) data as per the following:

• Information Collect:

Personal information, usage details, device information, and server logs for various purposes.

• How the Client can Use the Beneficiary’s Information:

Client can use your information in order to enable the Beneficiary of benefiting from the Client’s Al Tijari Pro Services, communicate with Beneficiaries, analyze user behavior, and enhance security.

• Information Sharing:

The Client may share Beneficiary information after obtaining written consent from the Beneficiary as required by law.

• Providing the Beneficiary with Opt Out options:

The Beneficiary should be allowed to opt-out of any promotional communications, and they have the option to disable cookies from being stored on their browsers.

• Security:

The Client takes reasonable measures to protect the Beneficiary’s information from unauthorized access.

• Children's Privacy:

The Client shall not Al Tijari service to initiate transfers to individuals under 13 years old.

• Changes to this Privacy Statement:

The Client may update this statement, and changes become effective upon notifying The Beneficiary of such change.

Acknowledgment:

The Client/Recipients confirms and acknowledges that they have read and understood the terms provided in this NDA and the T&C.