Definitions

In these terms and conditions (the "Terms and Conditions"):

Al Etihad Credit Bureau is a Public Joint Stock Company wholly owned by the United Arab Emirates Federal Government and, where the context permits, its service partners, licensors, employees and/or agents.

"App" means the software application known as “Etihad Credit Bureau App” (which is inclusive of all features and services provided upon it which are owned and operated by Al Etihad Credit Bureau for the provision of certain credit scoring-related services;

"Credit Information Law" means UAE Federal Law No. 6 of 2010, as amended or replaced from time to time;

"Device" includes personal computers, laptops, computer tablets, mobile phones, smart phones, wearable devices (watches, fitness trackers), connected car system devices and any other similar devices that may be connected to the internet and used for online and mobile services;

"Digital Services" includes all internet and mobile services provided by Al Etihad Credit Bureau via the App and any website or domain hosted and/or provided by Al Etihad Credit Bureau, including any incidental services associated with the App and such website or domain;

"Intellectual Property Rights" means copyright (including rights in computer software), patents, trade marks, trade names, service marks, business names (including internet domain names), design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether patentable or not)), and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not and including applications to register or rights to apply for registration) which may now or in the future subsist anywhere in the world

"Policies" means Al Etihad Credit Bureau’s additional terms, which also apply to the use of any Digital Service, including Al Etihad Credit Bureau’s privacy policy -Please refer to appendix 1- and cookie policy refer to appendix 2

"Report" means any report that the Digital Service produces (including any score that the software calculates) using data and information supplied by various parties and collated from several sources by Al Etihad Credit Bureau according to its mandate to collect credit information under the Credit Information Law; and

"User" means a user of a Digital Service and/or customer of Al Etihad Credit Bureau, being an individual with legal capacity and/or a legal entity represented by an individual to whom the Digital Service is provided.

The User hereby acknowledges, understands and accepts the following Terms and Conditions:

1. Eligibility and General Terms

1. Al Etihad Credit Bureau grants the User a non-exclusive and non-transferable right to use the Digital Services in accordance with these Terms and Conditions.
2. By using the Digital Services, the User confirms that the User accepts these Terms and Conditions and that the User undertakes and agrees to comply with them. If the User does not agree to these Terms and Conditions, the User must cease to access and use the Digital Services. Al Etihad Credit Bureau reserves the right to refuse any application for Digital Services and may in its sole discretion withdraw, cancel or modify the Digital Services (including discontinuing any features or content of the App) and/or these Terms and Conditions at any time. Al Etihad Credit Bureau does not guarantee that the Digital Services, or any content on them, will always be available or be uninterrupted.
3. By accessing the Digital Services, the User confirms his acceptance of the Terms and Conditions effective as at the date of such access. The User understands that such acceptance will be sufficient and binding on the User for all intents and purposes. These Terms and Conditions will become effective when the User accesses any Digital Service and constitute a legally binding agreement between Al Etihad Credit Bureau and the User for the provision and use of the Digital Services. These Terms and Conditions may be amended from time to time at the sole discretion of Al Etihad Credit Bureau. Every time a User wishes to utilise the Digital Services, please check these Terms and Conditions to ensure that the User understands the terms applicable at that time.
4. Notwithstanding the above, the User undertakes to submit any additional information and/or documents that may be required by Al Etihad Credit Bureau prior to provision of any enhanced, modified or additional Digital Service to the User. Where a User fails to comply with the above requirements, the User shall not be eligible for such enhanced, modified or additional Digital Service and Al Etihad Credit Bureau will be entitled to withdraw the Digital Services provided at its sole discretion.
5. Users must download the latest available version of the App to benefit from the latest features, technical updates or improvements, and security protection. Users should use only compatible browser versions with the internet services (where applicable) and have an antivirus software installed and active on their Devices at all times. From time to time Al Etihad Credit Bureau may update the App and change the Digital Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Users acknowledge that they are solely responsible for the security of their Device. If the User chooses, or is provided with, a user identification code, password or any other piece of information as part of Al Etihad Credit Bureau’s security procedures, the User must treat such information as confidential. The User must not disclose it to any third party. Al Etihad Credit Bureau has the right to disable any User identification code or password, whether chosen by the User or allocated by Al Etihad Credit Bureau, at any time, if in Al Etihad Credit Bureau’s opinion the User has failed to comply with any of the provisions of these Terms and Conditions.
6. The User recognizes and accepts that his/her primary mobile phone number will be used to initiate and receive an authentication code (one-time password). The User is responsible for keeping this one-time password and the Device protected at all times and to update the number in Al Etihad Credit Bureau’s records in case of any change to the primary number.
7. Al Etihad Credit Bureau is the sole owner or licensee of all Intellectual Property Rights in the Digital Services, and in the material published within them. Such Intellectual Property Rights are protected by copyright laws and treaties around the world. All such rights are reserved. The User must not use any part of the content within the Digital Services for commercial purposes without obtaining a licence to do so from Al Etihad Credit Bureau or Al Etihad Credit Bureau’s licensors.
8. "Al Etihad Credit Bureau", "CreditScore", and “ChequeScore” are each a registered trademark. The User is not permitted to use any of them (or any other trademarks (whether registered or unregistered) used in providing a Digital Service whether now or in the future) without Al Etihad Credit Bureau’s approval.
9. These Terms and Conditions do not give any rights to anyone who is not a party to them. The User may not assign his rights or obligations in relation to these Terms and Conditions. Al Etihad Credit Bureau may transfer its rights and obligations under these Terms and Conditions to another organisation.
10. Save for Al Etihad Credit Bureau’s service partners, licensors, employees and/or agents, these Terms and Conditions do not give rise to any rights to any third party to enforce any term of these Terms and Conditions.
11. Each of the paragraphs of these Terms and Conditions operates separately. If any provision in these Terms and Conditions becomes invalid or unenforceable the validity or enforceability of the other provisions will not be affected.
12. These Terms and Conditions contain the whole agreement between Al Etihad Credit Bureau and the User.
13. Even if Al Etihad Credit Bureau delays in enforcing these Terms and Conditions, it can do so later. If Al Etihad Credit Bureau does not insist immediately that the User does anything he is required to do under these Terms and Conditions, or if Al Etihad Credit Bureau delays in taking steps against the User in respect of his breaching these Terms and Conditions, that will not mean that the User does not have to do those things and it will not prevent Al Etihad Credit Bureau taking steps against the User at a later date.

2. Liability

1. The Digital Services are provided entirely at the risk of the User. The User agrees Al Etihad Credit Bureau will have no liability to the User for any direct, indirect, special or consequential damages arising out of the use or inability to use the Digital Services, or any linked website or app, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if Al Etihad Credit Bureau is advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages.
2. Information, products or services offered within the Digital Services are provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
3. In no event will Al Etihad Credit Bureau warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information, products, or services within the Digital Services.
4. Al Etihad Credit Bureau, its service partners, licensors, employees, and agents will not be responsible for any loss or damage arising directly or indirectly from any malfunction or failure of the Digital Services.
5. Al Etihad Credit Bureau, its service partners, licensors, employees, and agents are not responsible for the suitability and performance of components the User supplies such as the Device, and the User’s internet or mobile connectivity.
6. The User acknowledges that Al Etihad Credit Bureau, its service partners, licensors, employees, and agents are not liable to the User for failure to provide any or all of the services available under the Digital Services.
7. Al Etihad Credit Bureau’s record of any transaction processed using the Digital Services shall be conclusive evidence of such transaction and binding on the User for all purposes.
8. The User further confirms and agrees to waive any right, which the User may otherwise have for holding Al Etihad Credit Bureau, its service partners, licensors, employees, and agents responsible for any mistake, act or omission caused using the Digital Services and any delay by Al Etihad Credit Bureau.
9. The data and information used to prepare the Report (and calculate any score) have been supplied by various parties and collated from several sources by Al Etihad Credit Bureau according to its mandate to collect credit information under the Credit Information Law, which, for the avoidance of doubt, the User irrevocably consents to. Al Etihad Credit Bureau is not responsible for the accuracy or completeness of the data and information and it makes no warranty in relation thereto or in respect of the reliability, integrity, quality or fitness for purpose of any other aspects of the Digital Services. Al Etihad Credit Bureau accepts no responsibility or liability for any loss or damage (whether direct, indirect, special, incidental, consequential or punitive) arising from the use of the App. The User acknowledges and agrees that:
   1. (i) the Report and any other information produced by the App does not represent the legal opinion or financial advice of Al Etihad Credit Bureau that can be relied upon to conduct any transactions or activities between the User (or any other party) and the cheque’s issuer;
   2. (ii) Al Etihad Credit Bureau is not liable for, and does not guarantee, the payment of funds pursuant to any cheque regardless of the Report; and
   3. (iii) the Report and any other information produced by the App is provided for use as permitted by these Terms and Conditions only.
10. The User indemnifies and holds Al Etihad Credit Bureau, its service partners, licensors, employees, and agents harmless against all actual or contingent, direct or indirect claims, damage, costs, charges, judgements, penalties and expenses, including reasonable legal costs, that result from the User’s negligent or intentional violation of these Terms and Conditions.
11. Al Etihad Credit Bureau will not be liable or responsible for any breach of these Terms and Conditions that is caused by any act or event beyond Al Etihad Credit Bureau’s reasonable control (as appropriate), including, for example, industrial action by third parties or failure of public or private telecommunication networks. If such event takes place that affects Al Etihad Credit Bureau’s performance of these Terms and Conditions, Al Etihad Credit Bureau’s obligations under these Terms and Conditions will be suspended and the time for performance of Al Etihad Credit Bureau’s obligations will be extended for the duration of relevant event.

3. Confidentiality and Use

1. The User undertakes not to disclose any password, authentication code and/or User identification code relating to his/her account and/or its use of the Digital Services to any other person. If the User’s username or password has been revealed to a person not expressly authorized by the User to use it, the User shall immediately notify Al Etihad Credit Bureau by telephone at 800-287328, confirming such notice in writing to the following address Sheik Zayed Road, Rolex Tower 25th Floor.
2. The User acknowledges that the Digital Services are the property of Al Etihad Credit Bureau which has the Intellectual Property Rights in all software and documentation relating to the Digital Services and any subsequent amendments, including user guidelines in any form. Users acknowledge that they are solely responsible for maintaining the confidentiality and security of the Report and any other information produced by the App on their Device.
3. The User is permitted to use the Report and any other information produced by the App solely for his own personal use (or the use of the legal entity that the User is representing) and agrees to treat the access rights, documentation or any other information related to the Digital Services as strictly private and confidential at all times and shall not copy, reproduce, distribute, edit, adapt, redesign or use in any other way any of the foregoing in any form whether in whole or in part or allow access to any other party (except, where the App is being used by a legal entity, to employees and representatives of the legal entity who have a need to know such information). The User is not permitted to sell a Report which he has acquired on the Digital Services to third parties and from commercially distributing them in any other way.
4. Communications provided to the User by Al Etihad Credit Bureau by email or posted on Al Etihad Credit Bureau’s site will constitute legal service in writing and will be deemed received by the User the day after it is sent or posted.
5. The User shall:
   1. a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Digital Services in any form, in whole or in part to any person without prior written consent from Al Etihad Credit Bureau;
   2. b) not copy the App or Digital Services, except as part of the normal use of the Digital Services or where it is necessary for the purpose of back-up or operational security;
   3. c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Digital Services nor permit the App or the Digital Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Digital Services on Devices as permitted in these Terms and Conditions;
   4. d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Digital Services nor attempt to do any such things;
   5. e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or Digital Services.
6. The User must:
   1. a) not use the App or any Digital Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Digital Services or any operating system;
   2. b) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Digital Services;
   3. c) not use the App or any of the Digital Services in a way that could damage, disable, overburden, impair or compromise AL ETIHAD CREDIT BUREAU’s systems or security or interfere with other Users;
   4. d) not collect or harvest any information or data from any of the Digital Services or Al Etihad Credit Bureau’s systems or attempt to decipher any transmissions to or from the servers running any of the Digital Services;
   5. e) not use the App or any Digital Service in any way that breaches any applicable local, national or international law or regulation; and
   6. f) not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7. Al Etihad Credit Bureau may end the User’s rights to use the App and/ or Digital Services at any time by contacting the User if he has broken these Terms and Conditions in a serious way. If what the User has done can be put right AL ETIHAD CREDIT BUREAU will provide a reasonable opportunity for the User to do so. If Al Etihad Credit Bureau ends a User’s right to use the App and/or the Digital Services:
   1. a) the User must stop all activities authorised by these Terms and Conditions, including use of the App and Digital Services;
   2. b) the User must delete or remove the App from all Devices in the User’s possession and immediately destroy all copies of the App which the User has and confirm to Al Etihad Credit Bureau in writing that he has done this; and
   3. c) Al Etihad Credit Bureau may remotely access the User’s Devices and remove the App from them and cease providing the User with access to the Digital Services.

4.Disclaimer

1. The User authorizes Al Etihad Credit Bureau to prepare an electronic copy of the Report and email it to the email address mentioned in the application process. The User is aware of and accepts, on his own responsibility, all risks resulting in sending the documents by email.
2. The data and information used to calculate the score in the App have been supplied by various parties and collated from several sources by Al Etihad Credit Bureau according to its mandate to collect credit information under the Credit Information Law, in accordance with its Policies. Such data and information include information used to verify the User’s identity and financial standing and commitments. Al Etihad Credit Bureau is not responsible for the accuracy or completeness of the data and information, and it makes no warranty in relation thereto or in respect of the reliability, integrity, quality or fitness for purpose of any other aspects of the Digital Services. Al Etihad Credit Bureau accepts no responsibility or liability for any loss or damage (whether direct, indirect, special, incidental, consequential or punitive) arising from the use of the Report (and any score calculated) via the Digital Services. Any score or other information produced by the Report does not represent the opinion or advice of Al Etihad Credit Bureau. Al Etihad Credit Bureau is not liable for, and does not guarantee, the payment of funds pursuant to any cheque regardless of the Report that is generated by the Digital Services. Any report, score or other information produced by the Digital Services is provided for use as permitted by the applicable terms and conditions only

5.Marketing communications

By acceptance of these Terms and Conditions, the User agrees to receive Al Etihad Credit Bureau news releases, product communication and user experience information via registered email addresses and mobile telephone numbers.

6.Data Protection

1. The User acknowledges and agrees that Al Etihad Credit Bureau may collect information that the User provides when using the Digital Services including but not limited to transaction details and the User’s personal information required for account setup, in accordance with its Policies.
2. Al Etihad Credit Bureau may collect information from or about the Device where the User has installed or accessed Digital Service depending on the permissions granted by the User, in accordance with its Policies, including Device model, global system for mobile (GSM) operator, location, frequency and duration of use, and crash reports.
3. Al Etihad Credit Bureau may use the collected information to deliver and enhance the Digital Services, personalize content and make suggestions by understanding User's interaction through different Digital Services.
4. Al Etihad Credit Bureau may use the User's information to respond to the User's queries related to the Digital Services.
5. Al Etihad Credit Bureau may use the information to verify accounts and activity of the User, and to promote safety and security on and off the Digital Services, such as investigating suspicious activity or violations of the Terms and Conditions.
6. The User acknowledges and agrees that Al Etihad Credit Bureau has the right to keep and store collected information and data to provide products, services and the Digital Services to the User.

7.Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed, performed and enforced in all respects in accordance with the laws of the Emirate of Abu Dhabi and the Federal laws of the United Arab Emirates as applicable in Abu Dhabi and shall be governed by the jurisdiction of the courts of Abu Dhabi. Notwithstanding the foregoing, Al Etihad Credit Bureau may take any legal action against the User in case he defaults on any of his obligations under these Terms and Conditions in any other jurisdiction.