Terms and Conditions for "COMMERCIAL BANK OF QATAR" 3D Secure Service

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1. DEFINITIONS 

1. The expressions defined in the terms and conditions governing the use of your COMMERCIAL BANK OF QATAR Credit / Debit Card (“Card”) shall bear the same meanings when used in these Terms and also "we", "us", or "our" refers to COMMERCIAL BANK OF QATAR (Q.S.C) and its successors and assigns; "you" or" your" refers to the user of the Service;
 
2. “3D” refers to Three Domain Secure, which is the payment industry internet authentication standard that has been developed by the major card schemes.
 
3. “Merchant” means any person or company who owns or manages or operates the merchant establishment through a physical establishment and/or a website.
 
4. “One-Time Password” means the any password(s) or other means of authentication as we may specify, from time to time using which you may make payment through the Internet using the Credit / Debit Card in a secured manner"
 
5. "SMS" refers to short message service which allows you to receive text messages sent through a mobile service network. 

2. ACCEPTANCE OF THESE TERMS AND CONDITIONS

 
1. By using the Service, you will be deemed to accept and agree to comply with these Terms, which shall operate in addition to all other applicable terms, including our applicable data policies, the terms and conditions governing the use of your Card, the terms and conditions governing the use of our website (which include the Website Conditions of Use) and any security measures provided by us from time to time for online shopping or the Service.
 
2. In relation to your use of the Service, if there is any inconsistency between these Terms and any other applicable terms, these Terms shall prevail.

3. AUTHENTICATION

 
1. When engaging in an online transaction or other transactions for which the Service is used, you are required to enter a one-time password sent to you via SMS (“One-Time Password”) before the Merchant accepts your Card in payment for the transactions. If you cannot provide the one-time password or if the authentication through the Service fails, the Merchant may not accept your Card in payment for the transactions concerned. We shall not be liable for any Merchant's refusal to accept your Card for the said payment for any reason.
 
2. You acknowledge that your mobile service provider may not allow you to receive the One-Time Password if you are abroad or using an overseas mobile service network. You shall be responsible for any fee imposed by your respective mobile phone service provider or any other party.
 
3. You acknowledge that the delivery of the One-Time Password may be delayed or prevented by factor(s) outside COMMERCIAL BANK OF QATAR (Q.S.C)’ control. We shall not be liable for any loss, damage, expenses, fees, costs (including legal costs) that may arise, directly or indirectly, in whole or in part, from:
   
   
   • The non-delivery, the delayed delivery, or the misdirected delivery of the One-Time Password;
   • The non-receipt of the One-Time Password;
   • Inaccurate or incomplete content in the One-Time Password; or
   • Reliance on or use of the information provided in the One-Time Password.
    
    

4. ACCURACY OF INFORMATION

 

If there is any inconsistency between our internal records and information relating to your Cards and the related Card Account or your use of the Service, our internal records will prevail in the absence of evidence to the contrary.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF OUR LIABILITY

 
1. The Service is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
 
2. In no event shall we be liable for any loss, damage, expenses, fees, costs (including legal costs) whatsoever that may arise out of or relate to:
   
1. your use of or access to (or inability to use or access) the Service; or
 
2. any other failure of performance, error, omission, interruption or defect, or any loss or delay in transmission; unless it is directly caused by our negligence or willful default.
 
3. In no event shall we have any liability for special, incidental, indirect, consequential or exemplary loss or damages, including loss of profits, business interruption, or loss of programs or data in your computer system, regardless of whether we have been advised of that possibility.
 
4. We shall not be liable to you and/or any third party for any modification, non-availability, malfunction, suspension or discontinuance of the Service.
 
5. You hereby acknowledge that all obligations and liabilities relating to the quality, supply, sale and warranty of goods and/or services purchased and/or any benefits, discounts or programmes of any Merchant that may be provided by the Service shall be the sole responsibility of the Merchant. You are solely responsible for resolving with the Merchant all disputes and complaints that may arise. We have no responsibility or liability whatsoever arising out of or related to those dealings or the merchant’s goods, services, acts or omissions. In spite of any non-delivery or non-performance or defects in any such goods or services, you shall pay us the full amount shown in the Card account statement.
 
 

6. YOUR LIABILITY

1. You are fully liable for all transactions made by using the One-Time-Password received by you.
 
2. You acknowledge that access to the Service shall only be made by means of One-Time Password in accordance with procedures laid down by us on our website from time to time;
 
3. You shall not allow any unauthorized access or any other person access to the Card and One-Time Password used for accessing the Service;
 
4. You shall at all times keep the One-Time Password secret and must not disclose it to any person or write it down or record it in a manner that could result in its disclosure or misuse
 
5. Should you discover that your Card details or One-Time Password may have been used in an unauthorized way, you must notify us as soon as reasonably practicable by calling our 24-hour Call Centre at +974 4449 5095. In certain circumstances, we may also require you to make a police report accompanied by any other information we may require.
 
6. Provided you have not breached any other provision herein and have not acted fraudulently, dishonestly or negligently, you shall not be liable for unauthorized transactions due to:
   
• A computer crime that is not prevented by the security system of the Service;
• A human or system error caused by us or which is under our control, unless such error is obvious or advised by a notice or message to you; or
• Our negligence which result in the loss, delay in transfer or missed or mis-directed One-Time Password relating to the Service.

1. In all other cases, you shall pay and indemnify us on demand in respect of all amounts charged to your Card account and in respect of all actions, claims, losses, damage, costs, expenses and any other liabilities of any nature which we may suffer or incur as a result of your use of the Service and/or use of the Service by any other person using your One-Time Password.
 
2. You accept you are responsible for the use of the Service and agree to act prudently and in good faith, including by taking the measures listed below to safeguard the security of the Service and the One-Time Password. You must also follow our security recommendations (copies of which are provided on our website) and any other notices relating to the Service from time to time issued. If you fail to observe any such notices and/or your responsibilities under these Terms, you will be liable for all claims, losses, liabilities and other consequences arising from or in connection with the use of the Service.
 
3. You must not permit the device used for receiving One-Time Passwords to come into the possession or control of any other person.
 

7. SUSPENSION AND TERMINATION

We reserve the right to suspend or terminate the Service or its use by you at any time, without prior notice, where we consider it necessary or advisable to do so, Any purchases you made using the Service prior to the termination or suspension will remain valid and your obligation under these Terms will continue.

8. AMENDMENT OF TERMS

We reserve the right to amend these Terms from time to time by giving to you at least 30 days’ prior written notice. Such changes will become effective and binding on you on the effective date specified by us. Continued use of the Service after the effective date will constitute your acceptance of such change(s). If you do not accept any proposed change(s) use of the Service must be terminated prior to the effective date.

9. DELAY OR FAILURE TO EXERCISE RIGHTS

Any delay or failure by us to exercise our rights and/or remedies under these Terms does not represent a waiver of any of our rights. We shall be considered to have waived our rights only if we specifically notify you in writing of such a waiver.

10. ASSIGNMENT

We may assign all or any of our rights under or in connection with these Terms to any third party (including upon any merger or amalgamation of us with any other entity). We may also transfer or delegate all or part of our duties and obligations hereunder to selected third parties. Such rights of assignment transfer or delegation may be exercised without notice to or consent from you.

11. LAW AND LANGUAGE

These Terms shall be governed by and construed in accordance with Qatar law and the parties agree to submit to the exclusive jurisdiction of the Qatar courts. These Terms and Conditions are made in English and Arabic Languages and in case of any discrepancy between the two versions, the Arabic version shall prevail.