These terms and conditions govern your access and use of all application programming interfaces, protocols, and tools other developer services and associated software (“Mashreq API”) which is provided through the portal located at developer.mashreqbank.com (“Mashreq Developer Portal”) of Mashreqbank psc (“Mashreq”, “us”, “our”, “we”), and associated documentation made available by Mashreq and associated services provided by Mashreq.
By accessing or using the Mashreq APIs and or Mashreq Developer Portal, you are agreeing to the terms below. Any additional terms mentioned in the documentation of the given Mashreq API or otherwise communicated by Mashreq and any applicable policies and guidelines of Mashreq (“Additional Terms”) together with these terms and conditions are referred as the "Terms". In the event there is a conflict between these terms and conditions and Additional Terms, then the provisions of the Additional Terms will prevail over the conflicting terms and conditions.
If you are accessing or using Mashreq APIs or Mashreq Developer Portal on behalf of someone else including a corporate entity, you confirm that you have the necessary authority to legally bind them to the Terms. You acknowledge that both you and the other person or entity will be bound by the Terms.
If you do not agree to the Terms or if you are below 21 years, you may not access or use the Developer Portal and Mashreq APIs.
We reserve the right to update and otherwise amend these term and conditions from time to time without notice. The most recent version of these terms and conditions will be available at the following address: developer.mashreqbank.com
- Mashreq reserves the right to charge fees for the use or access of the Mashreq API and or Mashreq Developer Portal.
- GRANT AND SCOPE OF LICENCE
- In consideration of payment by you of the agreed fee and you agreeing to abide by the terms of the Terms, we grant to
you a non-exclusive, as-is, revocable, nontransferable, non-sub licensable license to access and use the Mashreq
Developer Portal and to use the Mashreq API in the United Arab Emirates for on the terms of the Terms only to the extent
permitted under the Terms:
- You may access or use the Mashreq Developer Portal;
- You may access, download, install and use the Mashreq API for your internal business purposes only; and
- you may use the Mashreq API in software programs developed by you (‘API Client’) for live production purposes.
- In consideration of payment by you of the agreed fee and you agreeing to abide by the terms of the Terms, we grant to you a non-exclusive, as-is, revocable, nontransferable, non-sub licensable license to access and use the Mashreq Developer Portal and to use the Mashreq API in the United Arab Emirates for on the terms of the Terms only to the extent permitted under the Terms:
- You undertake not to use Mashreq API in any manner or for any purpose that violates any law, regulation, code or any rights of any person or entity, including but not limited to intellectual privacy rights, rights of privacy, or rights of personality.
- Except as expressly set out in the Terms or as permitted by any local law, you undertake:
- not to copy the Mashreq API except where such copying is incidental to normal use of the Mashreq API, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Mashreq API;
- not to make alterations to, or modifications of, the whole or any part of the Mashreq API, nor permit the Mashreq API or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Mashreq API nor attempt to do any such thing except to the extent permitted under Additional Terms for the given Mashreq API;
- to keep all copies of the Mashreq API secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Mashreq API;
- to supervise and control use of the Mashreq API and ensure that the Mashreq API is used by your employees, contractors and representatives in accordance with the terms of the Terms;
- to include our copyright notice on all entire and partial copies you make of the Mashreq API on any medium; and
- not to provide or otherwise make available the Mashreq API in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us.
- REGISTRATION AND SECURITY
- You will have to register with us and create an online user account with us for gaining access the Mashreq Developer Portal (“Account”). For this purpose, we will require you to submit certain information to authenticate your identity. Your user id and password for the Account as may be updated or changed from time to time (“Credentials”) should be kept confidential. You may not sell, transfer, sublicense, or otherwise disclose your Credentials or use Credentials for any other purpose than as authorized under the Terms.
- You are responsible for the security and safekeeping of your Credentials. If at any time you believe these have been lost, stolen or compromised in any way you should immediately inform us by contacting APIsupport@mashreq.com
- You are responsible for maintaining up-to-date and accurate information (including a current e-mail address and other required contact information) for your Account.
- APPROVAL PROCESS FOR API CLIENT
- For accessing certain Mashreq APIs for your API Client, you will be required to submit an application providing certain information (such as name, contact details, company details, intended uses of the Mashreq APIs) along with the source code and object code of your API Client. By submitting your API Client, you represent and warrant to us that your API Client, and your intended uses of the APIs, comply with the Terms. You agree to cooperate with us and provide all reasonable assistance required by us in our review of your submission.
- You acknowledge and agree that we may in our sole discretion: (i) determine that your use of the Mashreq APIs or your API Client does not meet the Terms; (ii) refuse to provide you with access to the Mashreq APIs in connection your API Client; (iii) withdraw your access to the Mashreq APIs in connection with your API Client; or (iv) approve your use of the APIs and your API Client. We will notify you if your registration is accepted, accepted subject to the completion of our review of your application, or rejected. We may, but are not required to, provide reasons for our decision.
- The development of your API Client and the performance of your obligations under the Terms are at your sole cost and expense.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the Mashreq API anywhere in the world belong to us, that rights in the Mashreq API are licensed (not sold) to you, and that you have no rights in, or to, the Mashreq API or the Documents other than the right to use them in accordance with the terms of the Terms.
- You acknowledge and agree that Mashreq may modify the Terms, features, functionality to the Mashreq Developer Portal or Mashreq API from time to time (a “Modification”). You agree that such Modifications may be implemented at any time and without any notice to you. Your continued access to or use of the Mashreq Developer Portal or Mashreq API shall constitute binding acceptance of the Modification(s) at issue. We will have no liability or obligation to you for any modifications or changes.
- The Mashreq API and access to Mashreq Developer Portal is provided “as is” and Mashreq disclaims all warranties, conditions, or representations (express, implied, oral or written) with respect to the Mashreq API or Mashreq Developer Portal and any support related thereto, including all warranties of merchantability, fitness for a particular purpose, non-infringement, non-interference, accuracy of data, and warranties arising from a course of dealing.
- While we endeavor to ensure that the Mashreq Developer Portal is available for use ,we do not guarantee or warrant that it will always be available or that’s its use will be uninterrupted (including occasions when it is unavailable to allow maintenance, upgrades and emergency repairs to take place, or failure of telecommunications links and equipment whether beyond our control or otherwise) and we have no liability to you in this respect
- LIMITATION OF LIABILITY
- You acknowledge that the Mashreq API has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Mashreq API as described in the Additional Terms or documentation meet your requirements.
- We only supply the Mashreq API for internal use by your business, and you agree not to use the Mashreq API for any re-sale purposes.
- We shall not in any circumstances whatever be liable to you, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity, goodwill or reputation; and
- any special, indirect or consequential loss, damage, charges or expenses.
- Our maximum aggregate liability under or in connection with the Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 10% of fee.
- Nothing in the Terms shall limit or exclude our liability for:
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by laws of the United Arab Emirates.
- The Terms sets out the full extent of our obligations and liabilities in respect of the Mashreq API and Mashreq Developer Portal. Except as expressly stated in the Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us.
- We may, in our sole discretion, refuse to issue Credentials, revoke your Credentials or access to the Mashreq API or Mashreq Developer Portal, or terminate the Terms at any time. We will attempt to provide notice where possible of any such action but reserve the right to do so without prior notice.
- This license granted will automatically terminate if you breach the Terms.
- On termination for any reason:
- all rights granted to you under the Terms shall cease;
- you must immediately cease all activities authorised by the Terms; and
- you must immediately and permanently delete or remove the Mashreq API from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Mashreq API then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by an Event Outside Our Control.
- An ‘Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
- If an Event Outside Our Control takes place that affects the performance of our obligations under the
- our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our commercially reasonable endeavors to find a solution by which our obligations under the Terms may be performed despite the Event Outside Our Control.]
- YOUR INFORMATION
- Mashreq may collect information about your use of the Mashreq API. You agree to Mashreq collecting and using this information, and any other information you provide to us, for the purposes of carrying out our business, internal or external, including, without limitation, providing enhancements to the Mashreq API and Developer Portal
- You agree that Mashreq may use, profit from, disclose, publish, or otherwise exploit any feedback you provide.
- RELEASE AND WAIVER
- To the maximum extent permitted by applicable law, you hereby release and waive all claims against Mashreq, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your access or use of the Mashreq API and or Mashreq Developer Portal.
- To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Mashreq and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Mashreq APIs and or Mashreq Developer Portal, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Mashreq shall use good faith efforts to provide you with written notice of such claim, suit or action.
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under the Terms to another organization, but this will not affect your rights or our obligations under the Terms.
- You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.
- These terms and conditions and the Additional Terms constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing signed by us, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of the Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- The Term its subject matter and its formation (and any non-contractual disputes or claims) are governed by laws of Emirates of Dubai and the applicable federal laws of the United Arab Emirates. We both irrevocably agree to the exclusive jurisdiction of the courts of Dubai.