TERMS AND CONDITIONS FOR FAYEZ APP & AL SUNBULA ACCOUNT LINKAGE

1. Definitions 
1.1. "Subscriber" means the individual User to whom the Service has been provided.
1.2. "Service" means a service by which Warba Bank (the Bank) provides access to the Subscribers to view and manage their number of steps tracked with a tracking device compatible with the Fayez App
1.3. Fayez App means the online application owned by the Bank which is relating to the Fayez Incentive Program of the Bank.
1.4. Al Sunbula Account is a savings account based on Wakala Investment principal of the Customer which has been opened with the Bank and which may be linked to Fayez App.
1.5. Any other capitalized words not defined herein shall have the same meaning as ascribed in General Terms and Conditions of Accounts and Banking Services and/or online banking terms and conditions.
1.6. In case of any difference between the Arabic and English versions, the Arabic version will prevail.
1.7. By clicking 'I Agree' or 'I Accept', "The Subscriber" acknowledges, confirms, understands, and accepts these Terms and Conditions of Fayez App & the linkage with Al Sunbula Account as set out below:

2. General Rules of Use
2.1. It is not a condition precedent for the use of Fayez App that the Subscriber maintains an account with the Bank.
2.2 The Customer understand and agrees that the Customer must have suitable mobile phones devices, appropriate operating system and/or Apple Health App (Apple Devices) and Google Fit App (Android Devices) to avail the Service. Customer agrees that they will follow ethical practice and shall use only one (1) Fayez App at any given point of time.
2.3. Customer understand and agrees that the Service and Fayez App has been designed and offered to the Customer so that the Customer is encouraged to follow a healthy lifestyle and in return Customers are motivated to get additional incentive rates as per the tiers decided at the Bank's sole discretion. Further, Customer warrants that they have taken proper advice of a registered medical professional before availing the Service. Bank shall not be responsible for any health related damage or illness caused to the Customer due to the usage of the Service and Fayez App.
2.4. Customer is responsible to open the Fayez App to transfer step data every day. Also Customers should have an active data plan or connected to a Wifi to transfer the step data each and every day to benefit from the additional incentive rate calculation. The Bank do not hold a responsibility for missing daily step data in its database. Customer is also responsible to do the necessary configuration between the Fayez App and Apple Health App (Apple Devices) and Google Fit App (Android Devices) to successfully transfer the daily step data to The Bank.
2.5. The Bank shall have the sole discretion to change the product configuration at any time based on the market/technological evolution or for any other reason whatsoever. In such cases, the Bank shall inform the Subscribers.
2.6. The Bank is not responsible for any technical issue related to communications, the non-updated records on the Fayez App or the device specific characteristics that can prevent the product from working effectively. Further, the Customer understand and agrees that this feature is only available on selective devices and operating systems that are compatible with Fayez App.
2.7. Bank, at its sole discretion, shall have the right to delink the Al Sunbula Account and deactivate/freeze Fayez App at any time and for any reason whatsoever. In the event where the account relationship is terminated with or without any reason (i.e. at Bank's sole discretion) or in the event of any breach of these terms and conditions, the Bank shall be entitled to cancel the Service immediately without any prior notice.
2.8. Bank, at its sole discretion, shall have the right to cancel or grant points through Fayez application incase damage or preach of these terms and conditions.
2.9. The Service is provided entirely at the risk of the Subscriber and the Subscriber shall indemnify the Bank for all loss or damage, howsoever caused, resulting from or out of the use of the Service.
2.10. The Bank shall not be responsible for any loss or damage arising directly or indirectly from any malfunction or failure of the service, unless the fault is from the Bank.
2.11. The Bank is not responsible for any device based issues which might happen or a loss of step data.
2.12. The Subscriber acknowledges that the Bank is not liable to the Subscriber for failure to provide any or all of the facilities available under the Service attributable, either wholly or partly, to reasons beyond the Bank's control, including but not limited to any technical malfunction/breakdown.
2.13. The Subscriber acknowledges that any printouts/statements or files or any other form in which any information or transaction(s) pertaining to the account(s) have been downloaded/copied shall not be used in any dealings with third parties in any whatsoever manner and the Subscriber agrees to indemnify the Bank against all loss or damage which may occur as a result of any violation to the above.
2.14. The Subscriber acknowledges that the Service and Fayez App is the property of the Bank which has the copyright interest in all software and documentation of the Service and Fayez App (including subsequent future amendments and its user guidelines in any form).
2.15. The Subscriber agrees to treat the access rights, documentation or any other information related to the Service, strictly private and confidential at all times and shall not copy/reproduce the above in any form either in whole or in part or allow access to any other party without the Bank's prior consent in writing.
2.16. Notwithstanding the above, the Subscriber undertakes to execute any additional information/documents that may be required by the Bank prior to provision of any modified/additional facilities under the service to the Subscriber. Where a Subscriber fails to comply with the above requirements, he shall not be eligible for such enhanced or modified Service and the Bank will be entitled to withdraw the Service provided earlier also.
2.17. These terms and conditions shall be governed and interpreted in accordance with the laws of Kuwait and the Islamic law of Kuwait.
2.18. The Bank may send changes to these Terms and Conditions via the Fayez App.
2.19. Where the Subscriber, before accessing any new facilities, is required to confirm his concurrence electronically for the associated terms and conditions, the Subscriber understands that such concurrence via electronic media shall in all respects be sufficient and shall be binding on the Subscriber for all intents and purposes
2.20. The Bank reserves the right to refuse an application and may at its sole discretion, withdraw at any time all rights and privileges pertaining to the Service.
2.21. The Subscriber hereby, irrevocably and unconditionally without any right of objection, accepts all authorized exchange of information from the use of the Service, without limitation.
2.22 The bank collects the subscriber's personal information such as name, gender, nationality, e-mail, distinguished mobile phone, civil ID and date of birth for the purposes of presenting messages and offers, communicating with subscribers, sending alerts and notifications of changes to the service, verify your identity and / or location (or identification or location of your authorized representative) for security and fraud prevention for a risk control purpose.
2.23 The bank undertakes not to share the subscriber's data with any other party except in some limited legal cases
2.24 Warba Bank is not responsible and will not undertake or provide any guarantees of any kind, whether explicit, implicit or legal, for any damage that may befall the customer due to sharing your registered and trusted account information on the application with anyone under any circumstances unless authorized by the bank Or from your side and based on your consent.
2.25 Fayez Application uses Apple Health App (Apple Devices) and Google Fit App (Android Devices) to read the subscriber's health activity data without sharing it with any other party.
2.26 The Subscriber undertakes to maintain the accuracy and updating of the information related to his account.
2.27 Warba Bank will never request access to the subscriber's confidential information via e-mail. Please report any suspicious activity.
2.28 Neither Apple or Google take any responsibility for any activity that can be deemed as contest or sweepstakes rules covered in Fayez, nor are they a sponsor.

3. Al Sunbula Rewards
3.1. The Customer will have the ability, at his own risk and responsibility, to link the Fayez App with Al Sunbula Account to be able to avail the additional incentive rates. The Customer accepts that the linking between his Fayez App and Al Sunbula Account will happen when the Customer authenticates himself through provided the requested information by the Bank.
3.2. The additional incentives rates shall only be for active Al Sunbula Account Holders with an established link with Fayez App and are eligible for the Fayez incentive program. In case the Customer has more than one Al Sunbula Account under their Banking records with the Bank, the linkage will be established with the first opened Al Sunbula Account.
3.3 The additional incentive rates applied to the Al-Sunbula account linked to the Fayez application are in the form of points.
3.3. Subject to the Bank's sole discretion the Customers may link their Al Sunbula Account which offers additional incentive rates on tiered basis based on the daily count of physical steps taken by the Customer and tracked on the Fayez App.
3.4. The additional incentive rates applicable on the Al Sunbula Account with an established link with Fayez App shall be available in the Fayez App and shall be subject to change without notice to the Customer. The additional incentive rates as determined by the Bank and depending on the number of steps taken by the customer on that day, an additional incentive amount for that day will be computed, based on the Daily Closing Available Balance of Al Sunbula Account (Value Dated Balance). Additional incentive amount will be calculated daily and credited at the second day, in line with the product features as applicable and as determined by the Bank from time to time.
3.5. In case the Customer has more than one Al Sunbula Account, the incentive calculation shall be based on the Balance of the first opened Al Sunbula Account and the other account(s) balance(s) shall be ignored.
3.6. There are cases where the bank might be unable to accurately update the customer’s steps log due to unforeseen events.
3.7. Subject to the Bank's sole discretion the additional incentive rates, tiers, balance requirements, crediting cycles, and any other features of the Al Sunbula Account are subject to change at any time without prior notice.
3.8. In case the Customer at any time closes their Al Sunbula Account, the additional incentive rates shall cease for them.
3.9. Where the Service is made available and linked to Al Sunbula Account in another person's name, it is acknowledged that, irrespective of the mode of operation of such Al Sunbula Account, the Service is intended to be provided to one Subscriber acting alone. In such case the Service will not be provided.
3.10. The Bank's record of any transaction(s) processed by the use of this Service shall be conclusive evidence of such transaction(s) and binding on the Subscriber for all purposes. Incentive amount will be shown in the Al Sunbula Account statement as separate transaction(s) record, different than the normal/standard Wakala profit of Al Sunbula Account.
3.11. Customer understands and agrees that the Customer has considered all risks carefully and have taken independent financial, tax, accounting and legal advice prior to choosing the Al Sunbula Account.

4. Challenges
4.1 Fayez Application provides subscribers with several challenges including: predicting match results, general quizzes, fitness challenges and exclusive challenges for those who have linked the Sunbula account, which if it is successfully completed, the subscriber will receive rewards in the form of points.
4.2 Participation in challenges through Fayez app, including customers and non-customers of Warba Bank.
4.3 Prior to beginning a challenge, guideline for the challenges will be provided covering title, description, awarded points for completion as well as a start and end date. By opting to ‘begin’ a challenge the customer agrees to the terms set for the said challenge. The bank does not hold any responsibility for not achieving the challenge due to any technical issue or for any unforeseen reason.
4.4 The bank holds the right to change the values of points awarded for challenges at any given time, without any prior notice and at its own discretion.

5. Points Redemption
5.1 Warba Bank customers who hold Sunbula account and who have linked the account with Fayez app can redeem points by transferring Fayez points to the Warba Pocket (Warba Bank Rewards Program) within Warba online application.
5.2 Warba Bank customers who have not linked the Sunbula account to the Fayez app or the Non-Warba subscribers to the Fayez app can redeem points by generating QR code with the value of points and verifying his identity with Warba bank Corporate communication representative who will issue a gift voucher with the value of points in Kuwaiti Dinar, the subscriber will visit Warba branch to cash-out his gift voucher.
5.3 Gift voucher validity is 1 month from the issuing date.