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Terms and Conditions

Welcome to www.banqmart.com (“Website”) owned and operated by ’BanqMart’, registered under Legacy Smart Financial Services in UAE license No. 955706

The primary work of this website is to work as an ‘intermediary’ between the customers who are willing to find prospective lawful alliances. The customer is also referred as ‘you’ and “BanqMart” is referred as ‘the website’ herein below for the sake of convenience.

Terms of usage of www.banqmart.com is subject to change at any time without notice. BanqMart reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this Website signifies your assent/ratification of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms in any way, your only recourse is to immediately terminate use of the Website. We may require you to agree to additional terms (if any) between you and BanqMart in connection with specific services that you may avail from time to time. The service provided by BanqMart through Website is available and appropriate only for use in UAE. To make sure you are aware of any changes, please review this policy periodically.

Before you may use the Website, you must read all of these General Terms of Use (“Terms”) provided on the Website. By visiting this Website, you agree to be bound by the terms and conditions stated for the usage of the website. If you do not agree with the same, you are advised not to use or access our Website.

By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use. By using the website or availing any products, software, services offered by BanqMart or their partner institutions or third parties (“Services”), you understand and agree that BanqMart will treat your use of the Services as acceptance of these Terms from such point of usage. You may not use the Services if you do not accept the Terms. If you do not agree to be bound by these Terms and the Privacy Policy, you may not use the Website in any way. It is strongly recommended for you to return to this page periodically to review the most current version of the Terms in force.

TERMS OF USAGE
1. PROPRIETARY RIGHTS

You acknowledge and agree that BanqMart owns all rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not). You further acknowledge that the Services may contain information which is designated confidential by BanqMart and that you shall not disclose such information without BanqMart 's prior written consent.

BanqMart grants you a limited license to access and make personal use of the Website and the Services. This license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services. You do not have the right to use any of BanqMart's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.

2. USAGE OF THE WEBSITE

The Website is intended for personal and non-commercial use. You shall register to become a member of the Website only if you are of the age of 18 or above and can enter into binding contracts as per applicable laws. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of the Website by you and anyone using your password and login information (with or without your permission).

You also agree to provide true, accurate, current and complete information about yourself as and when prompted by the Website. If you provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete), or BanqMart has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, BanqMart shall have the right to suspend or terminate your account and/or refuse any and all current or future use of the Website (or any portion thereof) or Services in connection thereto.

By making use of the Website, and furnishing your personal/contact details, you hereby agree that you are interested in knowing more or availing and/or purchasing various products, services, offers, campaigns or other promotional material that BanqMart or any other third party may offer/provide/share/send you from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode . You hereby agree that BanqMart may contact you either electronically or through phone, to understand your interest in the selected products and Services and to fulfil your demand or complete your application. Further you also expressly agree and authorize BanqMart and its partners, service providers, vendors and other third parties to contact you for the purpose of offering or inviting your interest in availing other products or services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Website or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.

You specifically understand and agree that by using the Website you authorize BanqMart, its affiliates, partners and third parties to contact you for any follow up calls in relation to the Services provided through the Website and for offering or inviting your interest in availing any other product or service offered by BanqMart or such third parties. You agree and consent to receive communications relating to all of the above on your phone/mobile number provided by you on the Website and expressly waive any registration or preference made under DND/NCPR list under the applicable regulations.

You agree and authorize BanqMart to share your information, with its group companies, vendors, service providers of BanqMart and other third parties, in so far as required for marketing purposes/offering/cross-selling various products and services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise. You agree to receive communications through e-mails, telephone and/or SMS, from BanqMart or its authorised third parties. You also agree that BanqMart reserves the right to make your details available to its partner banks/financial institutions, vendors, service providers, business partners, agents or any other third party and that you may be contacted by such partners and/or the third party for information through email, telephone and/or SMS. If you request not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply in respect to your data already shared by BanqMart with its partners upon your prior consent. In case you do not wish to receive any such communication/marketing materials from our partner banks/ financial institutions/third parties, we request you to kindly get in touch with them independently, without involving BanqMart.

You agree and acknowledge that for undertaking any financial transaction through the Website, BanqMart may undertake client/customer due diligence measurers and seek mandatory information required for Know-Your-Customer (“KYC”) purpose which as a customer you are obliged to give, while facilitating your request of products/services and other requirements with the banks/financial institutions, in accordance with applicable law and regulations. BanqMart may obtain sufficient information to establish, to its satisfaction or the banks/financial institutions, the identity of each new customer/user, and to ascertain the purpose of the intended nature of relationship between you and the bank/financial institution. You agree and acknowledge that BanqMart can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under applicable laws and regulations.

The usage of the Website may also require you to provide consent for keying in your Personal Information (“PI”) (including but not limited to any personal data or sensitive personal data as defined under applicable law) or to authorize BanqMart to derive your data/information from any source or public registry, as may be necessary to complete your profile or your application on the Website, conduct due diligence on you, assessing your eligibility for the products/services, undertaking KYC checks by BanqMart or any other authorised third party and/or to process your application through this Website. Your PI may also be used or shared with third parties, including but not limited to our authorised vendors, service providers, analytics and research partners, with the sole objective of making your experience on the Website better, faster, friction-less and paperless to the extent possible. However, BanqMart shall adhere to best industry practices and applicable laws related to the information security, data protection and privacy law while processing such applications. However, BanqMart shall not be liable to you against any liability or claims which may arise out of such transactions as any such PI is being collected, used, processed and shared with your explicit consent.

You shall not sell BanqMart’s or their authorised partners’ Products, Services, information, or software associated with or derived from it or use any robot, spider, other automatic device, or manual process to monitor or copy the Website and or its content or interfere or disrupt the Website; take any action that imposes an unreasonably or disproportionately large load on BanqMart’s infrastructure/network or use any device, or interfere or attempt to interfere with the BanqMart Services or forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through BanqMart or to manipulate your presence on the Website.

You may only use the Website to search for and to apply for product or services as may be displayed on the Website from time to time and you shall not use the Website to make a fraudulent application for any products listed on the Website. You agree not to use the Website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local or international laws that might apply to you. Since the Website is in operation in UAE, while using the Website, you shall agree to comply with laws that apply to UAE and your own country (in case of you being a foreign national). We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the Website.

You are prohibited from posting or transmitting to or through this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

3. COLLECTION OF PERSONALLY INFORMATION AND OTHER INFORMATION:

When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.

In general, you can browse the Website without revealing any personal information about yourself. Once you give us your personal information and other details, you are not anonymous to us. Wherever possible, we indicate which fields are required and which fields are optional. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve the customers. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is www.banqmart.com or not), which URL you next go to (whether this URL is on www.banqmart.com or not), browser information of your computer, and your IP address.

We use data collection devices such as cookies on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety.

A. Use of Demographic / Profile Data / Your Information

In our efforts to continually improve service offerings, we collect and analyse demographic and profile data about our users' activity on our Website.

We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.

We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.

B. Sharing of personal information

We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, enforcement authorities, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms and conditions and or Privacy Policy; respond to claims like an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public etc. etc.

We and our affiliates will share / sell some or all of your personal information with another business entity, if we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. If such a transaction occurs that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

4. DISPLAY OF THIRDPARTY PRODUCTS AND SERVICES

Display of products and services offered by third parties, on the Website does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of BanqMart in favour/against such third parties or their products. You agree that BanqMart is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties.

Through the website we are providing you the platform to get access to the products and services offered by the third parties. Any interaction you have with any third party accessed through the Website is at your own risk, and BanqMart will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties either directly or indirectly.

You agree and acknowledge that the buying terms, credit, delivery timelines etc. shall be at the sole discretion of BanqMart’s partners and while making any application through the Website for a product or services offered by such partners; BanqMart shall not be held liable for any delay, rejection or approval of any application made through its Website.

5. LINKS TO OTHER SITES

This Website may provide links to other websites or resources. Since BanqMart has no control over such third-party websites and resources, you acknowledge and agree that BanqMart is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BanqMart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Website is at your own risk, and BanqMart will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.

6. DISCLAIMER OF WARRANTY

The Website and all content and Services provided on the Website are provided on an as is and as available basis. BanqMart expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. BanqMart makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) The Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.

Some of the content on the Website is aimed at spreading general awareness about various financial and ancillary services but does not constitute any investment advice, and the same shall not be construed as any solicitation, endorsement, advertising, marketing or promotion of such services by BanqMart. These contents and/or information are derived from publicly available sources and BanqMart cannot verify or confirm the genuineness, authenticity or veracity of such information.

BanqMart, either directly, or through its business partners/vendors may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the appropriate authorities for collection, refund and remittance and to facilitate payment between you, BanqMart and its business partners, as the case may be. BanqMart shall initiate the remittance of the payments made by you and the date of completion of transaction shall be after the products are delivered to the you or after the Services are rendered to you and such other additional time as may be agreed between Website and its business partners, as the case may be.

While availing any of the payment method/s available on the Website, BanqMart will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s, or
  2. Any payment issues arising out of the transaction, or
  3. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a you;
  4. Decline of transaction for any other reason(s)

Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of you/your transaction.

Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products or services listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.

You hereby agree to provide accurate information, such as credit/debit information for purchasing any Service or product on or through the Website. You further warrant that you shall not use payment information or instrument that is not lawfully owned by you. In addition to this term of use, the terms and conditions of the bank or other financial institution shall also be applicable to every user. The Website disclaims any liability arising out of declining of payment by such bank or financial institution. By providing your IBAN number, you consent (give permission) to our banking partners to request for your statement of account through the Central Bank of the United Arab Emirates, from your bank (as can be identified by the account number IBAN) and also for your bank to provide this information through the Central Bank of the United Arab Emirates, without taking additional consent.

7. COPYRIGHT POLICY:

BanqMart may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

8. INTELLETUAL PROPERTY RIGHT

BanqMart is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through BanqMart’s system. The On-line Materials are BanqMart’s intellectual property and are protected by all applicable intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of BanqMart, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of BanqMart. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in BanqMart. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with BanqMart.

You acknowledge and agree that BanqMart will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At BanqMart’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to BanqMart or perfect these rights, titles or interests in BanqMart’s name.

9. VIOLATION OF TERMS OF USE

You understand and agree that in BanqMart’s sole discretion, and without prior notice, BanqMart may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if BanqMart believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of BanqMart, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to BanqMart for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. BanqMart may release user information about you if required by law or subpoena.

10. LIMITATION OF LIABILITY

BanqMart (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website. The Website may provide links to other third-party websites. However, since BanqMart has no control over such third-party websites, you acknowledge and agree that BanqMart is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party websites. You further acknowledge and agree that BanqMart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites. Such third-party website may have separate terms and conditions and privacy policy, and which are independent of BanqMart and therefore, we advise you to read the terms and conditions available on such website before you access any such third-party website.

11. INDEMNITY

You agree to indemnify and hold BanqMart (and its officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this Terms, your violation of any law or the rights of a third party, or your use of the Website.

12. WAIVER

Any failure or delay by BanqMart to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by BanqMart of that provision or right. The exercise of one or more of BanqMart’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to BanqMart under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of BanqMart.

13. FORCE MAJEURE

If performance of Services/Website by BanqMart is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, Pandemic, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of BanqMart and could not have been prevented by reasonable precautions, then BanqMart shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by BanqMart of its obligations herein or incur any legal liability on BanqMart.

14. SECURITY PRECAUTIONS

Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession, we adhere to strict security guidelines, protecting it against unauthorized access.

15. CHOICE/OPT-OUT

We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general. If you want to remove your contact information from www.banqmart.com (website), its lists and newsletters, please visit ‘unsubscribe’.

16. ADVERTISEMENTS ON WEBSITE

We use third-party advertising companies to serve ads when you visit our Website. These third parties may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

17. YOUR CONSENT

By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website in accordance with this Terms and Conditions, Privacy Policy, including but not limited to your consent for sharing your information as per this privacy policy.

If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

18. Data Protection and Grievance

Data protection is of prime importance to us, and all the data related to the website shall be stored in a secured cloud server following all the standard data protection and security practices. We have even appointed a data protection officer (DPO) to oversee our data protection and privacy practices. If you have any questions about this privacy policy or any other queries, you can get in touch with us in the below Email :

Email : [email protected]

19. UPDATES TO THIS POLICY

This Privacy Policy was last updated on 14.10.2021 From time to time, we may change our privacy practices. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

20. JURISDICTION

If you choose to visit the website, your visit and any dispute over privacy is subject to this Policy and the website's terms of use etc. In addition to the foregoing, any disputes arising in connection with the website including the privacy policy shall be governed by the laws of UAE, pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals.