Digital Wallet Terms and Conditions
1. Purpose and Application
1.1 By adding and using your Card, or linking your Account to a Digital Wallet, you confirm that you have read, understood and accepted these terms and conditions, as amended or replaced from time to time (the “Terms & Conditions”) and your continued use indicates your acceptance to any changes made thereto.
1.2 These Terms & Conditions apply in addition to, and should be read in conjunction with, the “Individual T&Cs” and the “Internet Banking T&Cs”. In the event of any inconsistency or conflict between these Terms & Conditions and any terms between you and the Bank, these Terms & Conditions will take priority insofar as they relate to your use of the Digital Wallet.
1.3 Your use of the Digital Wallet is further governed by the agreement between you and the Digital Wallet Provider. The Bank is not responsible for the operation and functionality of the terms of service of the Digital Wallet Provider.
2. Definitions
Unless the context requires otherwise, the following terms have the meaning provided below:
“Account”: the Sharia-compliant account the Bank provides in your name and subject to the terms of the Individual T&Cs.
“Bank”: Kuwait Finance House PLC.
“Card”: A debit card that the Bank provides you with under the Individual T&Cs.
“Data Protection Laws”: Any applicable law relating to the processing of personal data or data privacy in force from time-to-time, including: (i) the UK Data Protection Act 2018; (ii) UK General Data Protection Regulation (“UK GDPR”) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018; (iii) the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and any national implementing laws, regulations and secondary legislation, as amended or updated from time-to-time, in the UK; (iv) The Privacy and Electronic Communications (EC Directive) Regulations 2003 in the UK; and (v) any successor legislation to the GDPR in the UK and UK Data Use and Access Act 2025.
“Device”: a smartphone, tablet or wearable as determined by a Digital Wallet Provider.
“Digital Wallet”: Any electronic wallet made available by a licensed third-party on a secure platform which is eligible for registration of a Card and allows you to use your Cards for any card transaction.
“Individual T&Cs”: the Bank’s Individual Terms & Conditions Governing Accounts and Services, as amended or replaced from time to time (available at www.uk.kfh.com).
“Internet Banking T&Cs”: the Internet Banking Terms & Conditions for Clients of the Bank, as amended or replaced from time to time (available at www.uk.kfh.com).
“Platform”: The platform of the licensed Digital Wallet Provider that enables the Digital Wallet services, including validating card credentials and transactions, and mapping tokens between you and the Bank.
“Services”: The Bank services enabling you to use and manage your Card through a Digital Wallet to make payments transactions, subject to these Terms & Conditions and the terms and conditions imposed by the Digital Wallet Provider.
“VAT”: Any fees or charges imposed by the Bank in relation to the use of the Digital Wallet shall be exclusive of Value Added Tax, unless otherwise stated. Where applicable, VAT shall be charged at the prevailing UK rate in accordance with the Value Added Tax Act 1994 and HMRC guidance. Core financial services provided through the Wallet, including payment processing and card transactions, may be exempt from VAT under UK Law. The Bank shall determine the VAT treatment of each service and disclose applicable VAT charges where relevant.
“Digital Wallet Provider”: any third-party entity that offers and operates a Digital Wallet platform or application compatible with the Card, through which the Card may be stored, accessed or used for payment transactions. This includes the following providers: Apple Inc. (Apple Pay), Google LLC (Google Pay) and Samsung Electronics Co., Ltd (Samsung Pay), as well as any other digital wallet provider approved by the Bank from time to time.
“You or Your”: the Card holder or Account Owner who registers for and uses the Digital Wallet.
3. Features and Functionalities
The Digital Wallet enables you to use eligible Bank-issued Cards for contactless and online transactions via supported third-party platforms (e.g., Apple Pay, Google Pay, Samsung Pay). Key features include:
- Tokenization: Card credentials are replaced with secure tokens for transaction processing.
- Device Compatibility: Digital Wallet services are available on supported Devices.
- Transaction Limits: Usage limits may apply based on the relevant Device, authentication method, and regulatory requirements.
- Security Features: Digital Wallets may require biometric authentication (e.g., fingerprint, facial recognition) or passcodes.
- Availability: Digital Wallet services are subject to availability and may vary by region, Device, or Card type.
4. Customer Instructions and Liability
(i) In respect of your use of a Digital Wallet, the Bank shall allow you to utilise and manage your Account or Card on the Digital Wallet in accordance with these Terms & Conditions (and the applicable terms and conditions of the Digital Wallet Provider and/or the Platform). Your use of your Account or Card on the Digital Wallet shall be limited to the instructions provided therein.
(ii) Upon your registration on the Digital Wallet, the Platform shall be responsible for (a) verifying your identity and the Card with the Bank when the Card is added to the Digital Wallet, (b) generating a token with all other details encrypted, and (c) providing any operational or customer support or assistance you may require in relation to the Digital Wallet or the Platform.
(iii) The Bank shall be entitled to rely on any instructions which it reasonably believes to be genuine and to have been received from you. You acknowledge and accept all risks arising from errors or the possibility of instructions being issued fraudulently or by any unauthorised persons. The Bank shall not be liable for any loss, liability, cost or expense that may result from its reliance on such instructions.
(iv) You agree to fully indemnify and hold harmless the Bank, its officers, employees, agents and representatives from and against all claims, actions, proceedings, damages, losses, costs and expenses (including legal fees) incurred or suffered by the Bank as result of acting upon such instructions.
5. Use of Account, Card, Digital Wallet and Platform
You agree to use the Account or the Card on the Digital Wallet and the Platform responsibly, and in accordance with all applicable laws including the Payments Services Regulations 2017, the Data Protection Act 2018, and the relevant guidance issued by the Financial Conduct Authority (“FCA”). You will be solely responsible for maintaining the security, confidentiality and integrity of your Account, Card, Digital Wallet credentials and any associated access to the Platform.
6. Data Processing and Authorisation
By registering your Account or Card with the Digital Wallet, you provide express authorisation for the Bank to process and share your personal data and other relevant information with the Platform and any third-parties necessary to facilitate the use of the Digital Wallet. You acknowledge that such processing is essential for Digital Wallet functionality and agree not to register if you do not consent to such data sharing. You waive any right to claim against the Bank for losses, costs or damages arising from lawful data processing carried out in accordance with Data Protection Law.
7. Disclosures
(i) You acknowledge and agree that the Bank may, at its discretion and in accordance with the Data Protection Laws, disclose your information to third parties for the purposes of improving service performance, enhancing security, and supporting promotional or analytical activities. All disclosures will be subject to appropriate safeguards and in compliance with the Data Protection Laws.
(ii) The Bank shall treat all your information as confidential and will process such data in compliance with Data Protection Laws. This does not prevent the Bank from disclosing your information to regulatory, governmental or law enforcement authorities where required by law, including under the Payment Services Regulations 2017, the Data Protection Laws and FCA guidelines.
8. Fees, Charges and Authorisation
(i) Any terms, conditions, fees, charges, expenses applicable under the Internet Banking T&Cs shall also apply to your use of your Account or Card via the Digital Wallet. You agree and authorise the Bank to debit your Account for all fees, charges and expenses arising from such use. If you do not accept any increase in fees or the introduction of new fees, You may terminate your use of the Digital Wallet within thirty (30) days of the change taking effect. If you do not terminate the relationship within this period, the change will be deemed accepted.
(ii) You acknowledge that the Digital Wallet Provider and/or the Platform may impose additional charges in accordance with their own terms and conditions, which are separate from any fees charged by the Bank.
(iii) All fees or charges imposed by the Bank are exclusive of VAT or similar taxes, which may be levied at the prevailing rate in the relevant jurisdiction.
9. Transaction Controls and Responsibilities
(i) The Bank reserves the right to refuse any transaction if it suspects a breach of these Terms & Conditions, fraudulent or illegal activity, or for any other reason it deems necessary at its sole discretion.
(ii) The Bank is not the provider of the Digital Wallet. nor is it an agent of the Platform. The Bank is not responsible for the provision of Digital Wallet services. Its role is limited to providing the necessary information about you to the Digital Wallet Provider, in accordance with your authorisation, and subject to the Platform’s applicable terms and conditions.
10. Your Responsibilities and Acknowledgements
You agree and understand that:
(i) Only Accounts deemed eligible by the Bank may be used with the Digital Wallet.
(ii) You are solely responsible for reviewing and understanding any agreements with the Digital Wallet Provider or Platform before using your Card or Account via the Digital Wallet.
(iii) You are fully liable for all transactions made using your Account or Card, and you accept that the Bank’s transaction records are final and binding.
(iv) The Bank does not provide operational support or assistance for the Platform or Digital Wallet.
(v) Any issues or queries related to the Digital Wallet or Platform should be directed to the relevant provider or this party, in accordance with their customer support procedures.
11. Liability and Indemnification
(i) You acknowledge and agree that the Bank (including its affiliates, subsidiaries or employees) shall not be liable for any direct, indirect or consequential losses or damages arising from the use of the Account via the Digital Wallet including but not limited to:
a) Faults during transactions that are your sole responsibility.
b) The performance or non-performance of the Platform affecting the Digital Wallet use.
c) Device failures, delays or, operational errors.
d) Damages to your Device resulting from the Digital Wallet use, unless caused by the Bank’s fraudulent or wilful misconduct.
e) Any event beyond the control of the Bank.
(ii) You must promptly notify the Bank of any fraud, loss, or theft of your Device so that the Digital Wallet transactions can be blocked. You agree to indemnify the Bank against any claims, costs, charges or losses arising from the use of your Account or Card via the Digital Wallet or Platform prior to such notification.
(iii) You irrevocably and unconditionally authorise the Bank to reverse any erroneous entries, set-off funds, settle outstanding obligations, or take any other action it deems appropriate in relation to your Account or Card.
12. General
(i) The Bank shall be entitled to terminate the Services with you in the event of your breach of these Terms & Conditions. You may terminate the Services upon settlement of all the dues owed to the Bank by removing your Card(s) and delinking your Account from the Digital Wallet.
(ii) Any failure or delay on the part of the Bank in exercising any right under these Terms & Conditions shall not constitute a waiver of that right. Any waiver granted in a specific instance shall not be deemed a waiver of any other rights or a continuing waiver of the same right in future instances.
(iii) These Terms & Conditions shall be governed by and construed in accordance with the laws of the England and Wales. You agree that the courts of England and Wales will have exclusive jurisdiction over any matter or dispute arising under or in connection with these Terms & Conditions.
