Terms and Conditions

Offer Terms and Condition of the Program

Last Updated : 10 November, 2022

Offer Terms and Conditions of the Program

Terms and Conditions for FAB SME Rewards (hereinafter, the “Programme”).

This offer is brought to you by The First Abu Dhabi Bank (the "Bank" or "FAB") and any participation in the said offer is voluntary. This offer limited to FAB customers who has received a written invitation to participate in the Programme from FAB (the “Customer”):

Terms and conditions:

Eligible Customers will be sent the ‘Membership ID’ codes required to access and claim the benefits. The Bank reserves the right to determine at its sole discretion the customers to be considered Eligible Customers.

Customer will get the membership code from FAB.

The Membership ID codes are valid for a period of 12 months from date of issuance. Customer has to register themselves onto the platform by visiting the website [https://smerewards.bankfab.com/](the "Website")and using a valid Membership ID code within this time period.

Once registered/ logged in to the Website, the Customer can view the different services which are available to them under this Programme.

Once the Customer selects a specific benefit, the Customer would be able to view the detailed information about the offer as well as the related terms and conditions. Benefits may vary from time to time and FAB will not be responsible for any damage, loss, claim, harm or cost incurred by the Customer arising out from the deletion, cancelation or unavailability of a benefit.

The Membership ID codes are not transferable and shall not be resold or redeemed for cash. The Membership ID code is only valid for 12 months from the date of registration in order to avail the offers.

The Membership ID code can be used only once per account holder.

The Membership ID code cannot be replaced, refunded or revalued. It cannot be exchanged for point(s) or cash and cannot be re-validated.

Prior to using the Membership ID code on the Website, the Customer shall read, understand, accept and agree to the user agreement and terms and conditions of the Website. The Customer should only proceed if agrees to abide the user agreement and terms and conditions of the Website. The Customer will be required to give personal information and other details requested online to use the Programme. The Customer should read and understand the privacy policy of the Website, prior to providing any such personal information. Any disclosure of information made by the Customer in order to avail of or fulfil the offer is at the sole responsibility of the Customer and FAB will treat such information in accordance with Privacy Policy. The Customer acknowledges that some personal information will be required as a condition to avail each benefit or promotion. The disclosure of any such information is voluntary and the Customer consents that service provider Thriwe Consulting Pvt Ltd (the “Company") has the right to collect and use the information provided for the purpose of providing its services. Products and services offered under this offer are subject to availability with the Company and its service partners. FAB will not be liable for the non-availability of any products or services provided by the Company in connection with the Programme.

FAB does not make any warranties or representation about the quality, merchantability, suitability and availability of the products offered as part of these benefits. Any dispute regarding delivery, service, suitability, merchantability, availability or quality of the products/services availed under this offer must be addressed in writing, by the Customer directly to FAB. Any complaints concerning the offer and/or Programme may be made to FAB in accordance with its complaints policy available at [e.g. include website link or reference to provision in the Customer's General Terms and Conditions

FAB will not be liable for any direct or indirect loss or damage whatsoever that may be suffered, as a result of participating in the offer.

FAB reserves its absolute right to withdraw or alter any terms and conditions of the offer at any point in time with prior notice to the Customer. All decisions in respect of the offer shall be at the sole discretion of the FAB and the same shall be final, binding and non-contestable. The Customer waives any and all rights of claims with regard to the offer against FAB.

By participating in this offer, the Customer accepts all of the terms and conditions set-out above in totality.

General T&C

Welcome to [FAB SME Rewards], a comprehensive platform (the "Site") owned, managed by Thriwe Consulting Pvt Ltd (hereinafter referred to as the "Company", "we" or "our", which expression shall unless the same be repugnant to the context or meaning thereof be deemed to mean and include its affiliates, successors in business and assignees).

The benefits are subject to availability on the Website and only for [authorized representatives of] customers of First Abu Dhabi Bank ("FAB") that have received a written invitation to participate in the programme (the "Customer") and hold a valid Membership ID code in accordance with the with the terms and conditions of the offer governing the [FAB SME Rewards Programme] entered into between FAB and the Customer.

Program

Access and availability of complimentary or discounted benefits and more provided by various participating merchants based on the membership access provided by FAB to the Customer.

ACCEPTANCE OF TERMS OF USE
Please read the following terms and conditions as these terms of use ("Terms") which constitute a legally binding agreement between you and the Company regarding your browsing, access and use of the Site and any functionalities, features, information, contests, services, products offered by the Company including but not limited to the bundled subscriptions via the Site, any mobile or internet connected device or otherwise (the "Service").

"User", "you" or "your": means any person, who is accessing or using the Site, in any manner whatsoever, and is of 18 years of age or older, capable of entering into a legally binding agreement under the laws in the UAE.

By accessing the Site or Service, you agree to be bound by these Terms. You hereby represent and warrant to FAB and the Company that you are: a) an individual duly authorized by the Customer to access to the website; and b) at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the Terms. You further agree to register prior to uploading any content and / or comment and any other use or Services of this Site and provide Customer’s details.

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules or sometimes additional terms applicable to such Services. All such guidelines, rules or sometimes additional terms are hereby incorporated by reference into the Terms.

Further, Company reserves the right to suspend / cancel, or discontinue any Service/s without notice, make modifications and alterations in any or all of the content, offers, products and Services contained on the Site without any prior notice.

YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. BY ACCESSING OR USING ANY WEBSITE OR SERVICES YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY AS PER APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO AGE REQUIREMENT) TO ACCEPT THE TERMS ON BEHALF OF YOURSELF AND/OR ANY OTHER PERSON YOU REPRESENT IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR SERVICES.

CONTENT OWNERSHIP AND LIMITED LICENSE

You may print or download extracts from the Site for non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for individual use.

The Company forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. You are solely responsible for your interactions (including any disputes) with other users. You understand that the Company does not in any way screen users. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Site and Services and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to communicate with any user offline or meet them in person. Your use of the Site, Services, Company Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Company hereby disclaims any and all liability to you or any third party relating thereto. Company reserves the right to contact users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Terms You will cooperate fully with Company to investigate any suspected unlawful, fraudulent or improper activity via the Services.

By making available any User Submissions through the Site and Services, you hereby grant to Company and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the Site and the Services and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world. The Company does not claim any ownership rights in any such User Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use any such User Submissions. You hereby acknowledge and agree that Company shall not be liable for any uses of your User Submissions by any third party that had access to your User Submissions during the period in which your User Submissions was available on or through the Services. You acknowledge and agree that Company reserves the right to not to publish, display the User Submissions or modify, amend or delete any User Submissions on the receipt of any complaint, that the User Submissions are infringing or in violation of any applicable laws, subject to storage post removal as required under applicable laws. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission or transmittal of the User Submissions or Company's use of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services or any other permitted use will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services.

By using the Site or the Services, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Content, or User Submissions and Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that Company:

(a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions;

(b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content or User Submissions;

(c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third party websites or User Submissions;

(d) does not make any promises to remove Third Party Content from being accessed through the Site or the Services; and

(e) does not take any responsibility for the nature of the product or service being offered by third parties on the Site and Users are required to use them at their own risk.

The Company does not make any warranties/ representations regarding the merchantability of the products and services being offered on the Site. All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site.

Ownership. The Site, Services and the Company Content are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, the Company and its licensors exclusively own all rights, title, and interest in and to the Site, Services, and the Company Content, including all associated intellectual property rights. You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Company Content. The Company claims no ownership interest in any Third-Party Content and expressly disclaims any liability concerning those materials.

Limited License.Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Services for the personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or the Services is provided to you "as is" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or the Services and the content. These Terms do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third-Party Content or User Submissions in violation of applicable copyright law. Any unauthorized use of the contents or the Services will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or the Services for any unauthorized purpose may result in severe civil and criminal penalties. The Company does not promote, foster, or condone the copying of content, or any other infringing activity and the owners of Third-Party Content or User Submissions may have the right to seek damages against you for any such violation.

Third Party Content:You may be able to access, review, display or use third party services, resources, content or information via the Site or the Services.

THE SERVICE REGISTRATION/ SUBSCRIPTION AND ACCESS TO USE

Registration.To register for the Services, you may be required to log in by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company of any responsibility / liability in this regard. The process of registration will be one time password ("OTP") triggered. System will trigger OTP on given mobile number and email address.

Subscription/Booking.The subscription/booking prices shall be determined by the Company, in its sole discretion. When you purchase a subscription or request a booking, you must provide us with complete and accurate payment and other information required by the Company. By submitting payment details, you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription-based Service or your entire access to Services on Site. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case, we will contact you. The Company uses third party payment gateway services for receiving payment from Users.

By submitting your payment and other subscription details, you are making an offer to us to buy a subscription/book a service. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription.

Taxes.Subscription or bookings fall under the purview of applicable Tax laws of the United Arab Emirates. Unless otherwise indicated, prices stated on Site are inclusive of applicable taxes, including but not limited to Value Added Tax ("VAT") or other applicable taxes.

Pricing errors.User hereby agrees and acknowledges that contents on Site may become subject to technical glitch and/or errors including but not limited to price list, subscription details etc. If we incorrectly or due to a technical glitch or error state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription based Service or bookings without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your access to the booking requests and will refund you any money you have paid us in full. Company always endeavors to act in good faith in determining whether a genuine pricing error has occurred or not.

Other costs.In addition to any subscription fees you pay for our subscription based Services, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Services and/or subscription and/or bookings. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

Assignment.You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.

Force Majeure.Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, 'Force Majeure Event' means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, epidemics, lockdowns, strikes, lockouts and other industrial disputes.

LINKS TO OTHER SITES

The Site or the Services may contain the links or pointers to other websites, but you should not infer or assume that the Company operates, controls, or is otherwise connected with these other websites. The Service will include various offers by third parties in the form of discounts etc. which can be redeemed on such partner's page. When you click on a link within the Site, the Company may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.

The Company is not responsible for the content or practices of any other website even if it links to the Site. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site including the products and services being offered on such third-party sites.

COLLECTION AND USE OF PERSONAL INFORMATION

For information about the FAB policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy as available on FAB website. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the Services are governed by the FAB Privacy Policy in effect at the time of your use.

In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

The Site may permit you to post user submissions including but not limited to reviews of content available through the Services, comments on such content etc. You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum.

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("User Feedback"), including responses to questionnaires or through postings to the Services / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services.
Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User Submissions.

You shall be financially responsible for your use of the Services (as well as for use of your account by others). You are liable and responsible for all access of the Site under your name or account and absolve the Company from any liability in respect of any individual's use of your account. You also warrant that all information supplied by you or members of the Customer for using the Services and accessing the Site, including without limitation your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate.

You agree that FAB and Company will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms or the rights of any third party.

You acknowledge that Company has no obligation to monitor your access to or use of the Site, Services or Company Content or to review or edit any User Submissions or third party materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Company Content, third party materials, and any User Submissions and any other content, that Company, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF THE SERVICE

Term, renewal and cancellation.The renewal or cancellation of a subscription is subject to FAB sole discretion.

FAB and the Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. If the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then subject to the nature of violation you may not be eligible for any such credit, refund, discount or other consideration.

Survival.Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, the FAB and the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:

Your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;

our use or misuse of or access to the Site or the Services;
your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right;
any claim that you have caused damage to a third party; Or
any content or material submitted by you.

The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company's defense of these claims.

Non-Waiver.Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.

Applicable Law. These Terms are governed by and construed in accordance with, the laws of the United Arab Emirates without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at Abu Dhabi, the United Arab Emirates.

GLOSSARY

Company Content:Means the Company's content, including but not limited to, Company trademarks and logos made available through the Site and Services, excluding Third Party Content and User Submissions (as those terms are defined below).

Entire Agreement:These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

User Submissions:Means the text or any content, hypertext links and any other content that the Company allows its users to uploads or otherwise provided to Company via the Site and Services, as applicable.