These Terms and Conditions for enabling Barraq Cards on Third Party Wallets (Terms of Use) govern the use of Cards issued by Barraq (or we/us/our) with third party wallets that are enabled on Devices. Your use of the Wallet is subject to third party terms and conditions, and we shall have no responsibility or liability to you under that agreement. It is your responsibility to read and understand any third party agreements before adding or using the Card through the Wallet.
In consideration for providing you with access to the Wallet, you agree to be bound by these Terms of Use. You must agree to these Terms of Use in order to use the relevant Wallet. By accepting these Terms of Use, you confirm that you have reviewed, understood and agreed to the Terms of Use. These Terms of Use form a binding legal agreement between you and Barraq.
The Terms of Use apply in addition to the Barraq Mobile Terms and Conditions, Barraq Online App Terms and Conditions, Terms and Conditions for Barraq and Account Services and Credit Card Terms and Conditions applicable to the Cards you add to the Wallet. The Terms of Use are provided in Arabic and English, however, if there is any contradiction between the Arabic and English text, the Arabic text shall prevail.
Definitions
Card means an Barraq credit, debit or prepaid card issued by Barraq to the Customer which is not expired, blocked, suspended or cancelled.
Customer (or you ) means the Barraq account holder of the account related to the Barraq Card or the Card account holder of the Card issued by Barraq.
Device includes but is not limited to a smartphone, tablet or smart watch or any other device which is compatible for use of the Wallet and which Barraq determines is eligible for the registration of Barraq Cards to be used in the Wallet.
Wallet means the mobile payment and digital wallet service created by the third party Wallet Providers that enables you to make payments using your registered Card.
Passcode means the secret code that is required to unlock a Device, including a password, passcode, pattern or biometric identifier (where applicable).
General
The terms and account agreement that govern your Card do not change when you add your Card to the Wallet. The Wallet simply provides another way for you to make purchases with the Card. Any applicable fees, and charges that apply to your Card will also apply when you use the Wallet to access your Card.
The Wallet provider and other third parties such as wireless companies or data service providers may levy charges as specified by them.
Adding, Removing and Using your Cards
You can add your Cards to the Wallet by following the instructions of the Wallet provider. Only Cards that we indicate are eligible can be added to the Wallet A virtual representation of the Card is licensed to you for use under the Wallet only under these Terms of Use. You hereby agree that the virtual representation of the Card in the Wallet or its credentials may be automatically updated or upgraded without any notice to you.
You may need to install and use tokens and other credentials associated with the Card to make payments with the Device. You shall not rent, lease, lend, sell, redistribute or sublicense any right to use any Card or credentials in the Wallet.
The Wallet may not be accepted at all places where your Card is accepted. When you add a Card to the Wallet, the Wallet allows you to use the Card to make transactions at merchants where the Wallet is accepted. You should contact the Wallet provider on how to remove your Card from the Wallet.
Protecting your Account
You are solely responsible for maintaining the physical security of the Device and the confidentiality of the Device lock, PIN, Passcode and other means to access the Wallet, Card credentials or any other personal and payment information on or for the Device. On sharing the Device and/or means of access to the Device with any person, that person may be able to use the Cards and access the personal and payment information available in the Wallet. You are required to keep the Device and the credentials secure in the same manner as you would keep secure cash, cheque, debit or credit cards, and other personal identification numbers and passwords.
In the event of unauthorized access, theft, accidental loss or fraud that results or may result in the authorised use of your Card or Wallet , you are obliged to immediately report such loss to us. Based on such reporting, we will arrange to block all Wallet transactions for all Cards. You can continue to use the physical Card plastic for all such enrolled Wallet cards.
Except for liability that cannot be excluded under the laws of the Kingdom of Saudi Arabia, and subject to our liability to you under any other applicable Barraq terms and conditions, you shall be fully and solely responsible for and bear all charges, costs, losses, and damages whatsoever and howsoever arising from any unauthorized or accidental access and use of your Card or Wallet.
At our own sole discretion, we reserve the right to refuse to permit any transaction if we suspect there is a breach of the Terms of Use, or that fraudulent or illegal activity is taking place.
You must cooperate with Barraq in any and all investigations and use any fraud prevention or other related measures which we prescribe.
Privacy, Security, Communications
- We will request certain information from you to verify your identity, in order to add Cards to your Wallet and to overall facilitate your use of the Wallet.
We may retain records of your activity of the Wallet, including the most recent transactional data.
We may also periodically collect and use technical data and related information (that does not personally identify you) as a result of your use of the Wallet , including, but not limited to, technical information about your Device. We may use this information to improve our products or to provide services or technologies . We may provide your details to third parties who perform services on behalf of Barraq, and therefore, you may be contacted by such third parties on our behalf to service your accounts.
To the extent we disclose any information relating to you to third parties (including the Wallet provider and third parties providing services to the Wallet provider of the Card in the Wallet via the Wallet), we shall use commercially reasonable endeavors to supply information securely in accordance with good industry practice.
- You consent to receive electronic communications from us in connection with your Card and the Wallet. You agree that we can contact you by email or SMS at any email address or mobile number you provide to us in connection with any account have with the. You may receive push notifications from the Wallet reflecting your Card account activity. If you do not wish to receive push notifications, they may be turned off within the Device notifications or the Wallet app settings.
You agree to maintain up-to-date and accurate contact information with respect to your Card and Wallet account at all times.
Suspension, Termination and Changes
We have the right to suspend or terminate your use of the Card on the Wallet, with immediate effect, if you breach these Terms of Use or any other applicable Barraq terms and conditions.
We have the right to suspend or terminate your use of the Card on the Wallet under the following circumstances, and will provide you with notice if reasonably practicable:
– due to the acts or omissions of the third party Wallet provider, including suspension of the Wallet, breaches of the cardholders data or other security breaches; and
– suspension or termination to comply with applicable law or orders from a competent regulator.
You do not have the right change these Terms of Use. You can terminate your Wallet at any time by removing all Cards from the relevant Wallet.
- We may amend these Terms of Use at any time by posting a revised version on our website. We may communicate such changes to you by email or other communication channels. You accept and understand that it is your responsibility to refer to the updated Terms of Use on our website and you waive any right to make any claim against the Barraq due to lack of notice or consent to the changes made to the Terms of Use by Barraq.
Liability’s
You understand and agree that your use of the Wallet is governed by an agreement between you and the Wallet provider and that the shall have no responsibility or liability to you under that agreement, including where the Wallet provider changes, discontinues or suspends (for any period of time) any or all functionality, user interface or any other aspect of the Wallet (whether software, hardware or any part of the Wallet service) at any time in your jurisdiction.
Except for liability that cannot be excluded under the laws of the Kingdom of Saudi Arabia, , our total aggregate liability to you, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be excluded and limited as per the exclusions and limits set out in the terms and conditions governing the relevant valid Cards added to the Wallet.
Issues with your Wallet; Disputes
If you have an issue or complaint about your Card (including transaction issues, reporting stolen Cards or fraud), please contact us. If you have an issue or complaint about your Wallet (including technical matters), please contact your third party Wallet provider. The Terms of Use are governed by the laws of the Kingdom of Saudi Arabia. Any unresolved dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by in the courts of the Kingdom of Saudi Arabia .
