Welcome and thank you for choosing to use theVerified by Visaauthentication service(“Verified by Visa”). Please read this Terms of Service Agreement carefully before usingVerified by Visa. In this Agreement, “Issuer” refers to the Habib Bank AG Zurich that issued your VISA Card; “we,” “us,” and “our” refer to Issuer and its suppliers of card processing and web-hosting services; and “you,” “your,” or “yours” refers to the user ofVerified by Visa.

This Terms of Service Agreement supplements and is incorporated in Issuer’s cardholder agreement(s) with you (“Cardholder Agreement”). In addition to this Terms of Service Agreement,Verified by Visaalso is subject to the Cardholder Agreement governing the card transactions for whichVerified by Visais used.

In the event of any conflict between thisVerified by VisaTerms of Service document and the Issuer’s VISA Card Agreement and Disclosure or Membership Agreement, the Issuer’s VISA Card Agreement and Disclosure and Membership Agreement shall control.

1 – Acceptance of Terms

1. Verified by Visa provides its service to you, subject to the following Terms of Service (“TOS”) and the Cardholder Agreement governing the card transactions for which Verified by Visa is used. The TOS may be updated by us from time to time without notice to you. Use of the service constitutes your acceptance of the terms. You shall be subject to any guidelines or rules applicable to Verified by Visa that may be posted from time to time at this location.
2. You agree that creation of a Verified by Visa account password, and/or use of Verified by Visa, will represent your acceptance of this TOS and that continued use of Verified by Visa after revisions to this TOS shall constitute your agreement to such revised terms and any applicable posted guidelines or rules.
3. Unless explicitly stated otherwise, any new features that augment, enhance or otherwise change Verified by Visa shall be subject to this TOS.
4. The Issuer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Verified by Visa (or any part thereof) with or without notice.

2 – Description of Verified by VISA

Verified by Visaprovides you with a way of increasing security in online and other transactions for whichVerified by Visais used by reducing the chances of fraud for those transactions by sending One Time Password (OTP) on your mobile number registered with Habib Bank AG Zurich.

3 – Cardholder password and Security

You are solely responsible for maintaining the confidentiality of your password and other verification information established by you withVerified by Visa, and all activities that occur using your password or other verification information supplied to or established by you withVerified by Visa. You agree not to transfer or sell your use of, or access to,Verified by Visato any third party. You agree to immediately notify us, as we require in our cardholder agreement with you for a lost or stolen card, of any unauthorized use of your password or other verification information, or any other breach of security. You acknowledge and agree that, except as otherwise provided by Applicable Law or in our cardholder agreement with you, shall not be liable for any loss or damage arising from your failure to comply with this TOS.

4 – Your Conduct

1. You agree not to :
   • impersonate any person or entity using Verified by Visa;
   • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by Verified by Visa;
   • spam or flood the Verified by Visa Website or service;
   • modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Verified by Visa Website or service or the software used in connection with Verified by Visa;
   • remove any copyright, trademark, or other proprietary rights notices contained in Verified by Visa;
   • “frame” or “mirror” any part of the Verified by Visa Website or service without Visa’s prior written authorization;
   • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Verified by Visa Website or service or its contents;
   • otherwise interfere with, or disrupt, Verified by Visa or servers or networks connected to Verified by Visa, or violate this TOS or any requirements, procedures, policies or regulations of Verified by Visa or of any networks connected to Verified by Visa; or
   • intentionally or unintentionally violate any applicable local, state, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by Visa (all of which shall constitute “Applicable Law”) in connection with your use of Verified by Visa.

Liability

1. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Verified by Visa. We will pay any direct out-of-pocket expenses that you may incur due to:
   • negligence or intentional misconduct by us, our employees or agents;
   • an attack by others on the systems we use to provide Verified by Visa; or
   • any error in, or failure of, Verified by Visa.
2. Under no circumstances will we be liable for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your use of Verified by Visa.
3. We assume no responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of, or downloading from, this Web site.

6 – Dealings with Merchants

Your correspondence or business dealings with, or participation in promotions of, online retail or other merchants on or throughVerified by Visa, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant. You agree that, except as otherwise provided by Applicable Law or in our cardholder agreement with you, your card Issuer shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand that use ofVerified by Visadoes not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant participates inVerified by Visa. For example,Verified by Visadoes not verify the identity of the merchant or the quality of the merchant’s goods or services.

7 – Disclaimer of Warranties

1. You expressly understand and agree that any software obtained through the use of Verified by Visa is downloaded and used at your own discretion and risk and that except as otherwise provided in this TOS Agreement, you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through Verified by Visa.
2. EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT VERIFIED BY VISA OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8 – Notice

Notices to you may be made via either email or regular mail to any address in your Registered Data or other information that you have provided to us in connection with any of your accounts with us, or your VISA cards issued or otherwise provided by us.

9 – Age and Responsibilities

You represent that you are of sufficient legal age to useVerified by Visaand to create binding legal obligations for any liability you may incur as a result of the use ofVerified by Visa. Except as otherwise provided by Applicable Law or in our cardholder agreement with you, you understand that you are financially responsible for all uses ofVerified by Visaby you and those authorized by you to use your Registered Data, your password or other verification information.

10 – “Jurisdiction Clause”

UAE law will apply in case of any disputes arises between parties and Dubai court will be the specialized court.