WALLET SERVICES - TERMS AND CONDITIONS
1.1 The Agreement; Mobile Wallet Services – Terms and Conditions. These Wallet Services – Terms and Conditions (including all Annexes and Policies) (the "Agreement"), each as may be modified from time to time as described in Section 20.2 below, apply when you register for a Wallet Account or opt for using the Wallet Services with us which enables you to make payments for purchasing products and/or services, purchase third party products and/or services available on our App, make remittances and receive certain payments. In these Terms, “you”, “your” and “their” refer to the user of the Wallet Services and “we,” “us,” “our,” or “barq” refer to the provider of the Wallet Services. Further information regarding barq is set out in Section 2 below.
1.2 Why you should read them. These terms tell you who we are, how we will provide the Wallet Services to you, how you and we may change or end this Agreement, what to do if there is a problem and other important information.
1.3 Acceptance and Language of the Agreement. This Agreement forms a legally binding agreement between you and us. In order to use the Wallet Services, you must first accept the Agreement. If you do not accept the Agreement or if you withdraw your consent to these terms and conditions on the App, you will not be eligible to use the Wallet Services, and we may promptly cease providing the Wallet Services to you. You can accept the Agreement selecting such option when prompted on the App and as indicated towards the end of this Agreement. Also:
(a) a copy of the Agreement, as amended from time to time, is available to you on the App.
(b) throughout the duration of the Agreement, you may request to be provided with the Agreement, and a link to the Agreement will be sent to your email address free of charge;
(c) the Agreement will be provided to you in Arabic or in English, as chosen by you; and
(d) your relationship with us will be governed by the language version of the Agreement that you select. If you have selected the Arabic version, our relationship will be governed by the Arabic version. If you have selected English, then our relationship will be governed by the English version.
1.4 The Wallet Services. This Agreement applies to your use of the Wallet Services. Our Wallet Services enable users to use a digital wallet to cash-in, pay for goods and services, withdraw / redeem funds in your wallet and transfer funds both within the Kingdom of Saudi Arabia and internationally.
1.5 Eligibility.
1.5.1 You may not use the Wallet Services and may not accept the Agreement if:
(a) You are not of legal age, as prescribed by the applicable laws and regulations in the Kingdom of Saudi Arabia, to form a binding contract with us and operate the Wallet Services;
(b) You lack the legal capacity as prescribed by applicable laws and regulations in the Kingdom of Saudi Arabia; or
(c) You are a person barred from receiving the Wallet Services under the laws of the Kingdom of Saudi Arabia.
1.5.2 In the event you were eligible to use the Wallet Services and accept the Agreement and such eligibility is interrupted pursuant to the applicable laws and regulations in the Kingdom of Saudi Arabia, your Wallet Account will be restricted until a legal guardian takes control over supervising your Wallet Account and use of the Wallet Services as we may technically enable from time to time.
1.5.3 If you are an appointed legal guardian of another user of the Wallet Services, you must have a valid and current Wallet Account so that we can enable you to supervise the use of the Wallet Services by the user whose eligibility has been interrupted.
1.6 Device eligibility. You are required to have an eligible device in order to use the Wallet Service. We, at our own discretion, shall determine which devices are eligible to be used with the Wallet Services and shall provide you with a list of such devices or types thereof on request by you in the event you encounter an issue. Devices that have been unlocked in an unauthorised fashion or otherwise modified may not be eligible to use the Wallet Services.
2. Information about us and how to contact us
2.1 We are barq, a closed joint-stock company registered in the Kingdom of Saudi Arabia under No. 1010810920 and unified ID No. 7029786717, and registered office is at 2163 Alorobah rd., Northern Maathar district 7795, Riyadh 12334, Kingdom of Saudi Arabia.
2.2 You can contact us by telephoning our customer service team at +966 800 10000 77, via the chat facility on the App, or by writing to us by email at info@barq.com, through social media, at our website: www.barq.com.
3. DEFINED TERMS
3.1 The following defined terms appear in this Agreement:
"Affiliate" means a third party or one owned or controlled by us or any entity controlled by, in control of, or under common control with us.
"App" means the barq Wallet Services App currently branded as barq.
"Application" means internet or mobile-based services and applications.
"Available Balance" means the amount labelled as such on the App reflecting the total amounts transferred to your Wallet Account within the Recharge Limit and is the balance of funds you can use from your Wallet Account in accordance with this Agreement.
"barq Materials" means any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including the Specifications and any integration guides) developed and provided by us or our Affiliates to you for download from the App or otherwise access or use. barq Materials do not include any software, data or other materials specifically made available by us or our Affiliates under separate license terms or that were created by a third party, including without limitation software provided under an open-source license.
"Business Day" means any day other than a Friday or Saturday or a public holiday in the Kingdom of Saudi Arabia.
"Credentials" means your password and access keys.
"Current Balance" means the amount labelled as such on the App reflecting the sum of your Available Balance and any other amounts transferred to your Wallet Account exceeding the Recharge Limit.
"Cut Off Time" means the last time for making or receiving payments under the relevant payment scheme.
"International Remittances" means transfer of funds from your Available Balance to a Receiver in a country other than the Kingdom of Saudi Arabia.
"Multiple Payment" means a payment authorization given by you to a merchant to charge your selected payment method variable amounts over a specified time period.
"Policies" means all applicable policies, including the privacy policy, notices, procedures, specifications, FAQs, guides and guidelines that are provided or made available to you, appear on the Apps or are referenced in this Agreement.
"Provider" means third party service providers enrolled in the Wallet Services.
"Receiver" means the person you specify via the App as the receiver of funds transferred via the International Remittance of the Wallet Services.
"Recharge Limit(s)" means the limits of funds that you can transfer in a period of time to your Available Balance, as set by us from time to time, in your Wallet Account, including but not limited to recharge transfers, cash-in, reversals and any other forms of transfers into your Wallet Account. Currently, the recharge limit is SAR [100,000] per calendar month.
"Recurring Payment" means a payment authorization given by you to a merchant to charge your selected payment method at regular intervals for fixed or variable amounts over a specified time period.
"Remittance Intermediaries" means third party money transfer and transmission companies that power and service International Remittances as part of the Wallet Services.
"SAMA Guidelines" means the payment service provide regulatory guidelines issued by SAMA dated January 2020, as amended from time to time.
"SAMA" means the Saudi Central Bank.
"SAR" means Saudi Arabian Riyals.
"Split Payment" means a payment authorization given by you to a merchant for the full amount of a single order containing more than one item, permitting merchant to charge your selected payment method for each such item separately at the time the item or service is shipped or fulfilled.
"Wallet Account" means the account you open with us for the use of the Wallet Service.
"Wallet Services" means the wallet and payments services we provide under this Agreement and as described in Section 1.4.
4.1 To use the Wallet Services, you must complete all required information elements on our registration process and open a Wallet Account with us.
4.2 If you wish to cash-in or cash-out from your Wallet Account, you may do this through a valid funding instrument (as we may determine from time to time), although this is not mandatory. The funding instrument must be associated with a billing address in the Kingdom of Saudi Arabia.
4.3 You must provide current, complete and accurate information and maintain it as current and accurate during your use of the Wallet Services. You agree to provide any information that we may require or that may be required by law or our financial institutions to provide the Wallet Services. You will promptly give us all documents and other evidence that we reasonably ask for at any stage of using the Wallet Services. We may require you to provide additional information to verify your identity as a condition of providing the Wallet Service to you or before we permit you to make payments or receive or redeem funds from your Wallet Account. You agree to provide such information as we may require in this regard, including information necessary to validate your identity or confirm the authenticity of any funding instrument that you register for use with us.
4.4 We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including without limitation checking commercial databases or credit reports. While we will take steps to verify the identity of our users, we cannot and do not guarantee any user identity.
4.5 If you do not meet our eligibility requirements, you may not be able to register and open a Wallet Account with us or your use of the Wallet Services will be limited.
4.6 We treat all activities in respect of a Wallet Account to be yours. You must only use the Wallet Services to transact on your own account and not on behalf of any other person or entity.
4.7 You must update registration information promptly upon any change so that it is at all times complete and accurate. We reserve the right to refuse to provide or discontinue the Wallet Services to any person or entity at any time for any reason.
4.8 Your mobile telephone number and a password that you select will be used to access our App and for communications with you. You also may be prompted to answer several security questions or select other issued security access keys or credentials that may be used to enable access to the Wallet Service and authorize transactions. You are responsible for maintaining the secrecy and security of your Credentials. You should not disclose your Credentials to any third party. If any of your Credentials is compromised, you must notify us immediately by using the methods specified in Section 2.2 above so that we can suspend use of your Wallet Account with our Wallet Services in order to avoid unauthorized transactions. You must also notify us through the methods described in Section 2.2 above if you wish to request us to unblock your Wallet Account. You will not be financially responsible for any use of your Wallet Account by an unauthorized person or for fraudulent transactions occurring before or after you properly notify us of the loss or compromise, unless you acted fraudulently, or negligently and did not take reasonable steps to keep your Credentials safe and secure.
5. WALLET ACCOUNT
5.1 Your Wallet Account will enable you to:
(a) access point of sale machines to load your Wallet Account using debit cards;
(b) access point of sale machines to load your Wallet Account using credit cards;
(c) access certain cash and deposit machines to enable you to load your Wallet Account with funds;
(d) transfer funds from your bank account, debit card or credit card to your Wallet Account;
(e) transfer funds from your Available Balance to bank accounts held in the name of a third party (including where that third party is located outside of the Kingdom of Saudi Arabia);
(f) request International Remittances (subject to the terms and conditions set forth in this Agreement);
(g) manage your receipt of payments from your employer(s) and such other payors who adopt the Wallet Services for payroll, disbursements, or such other services;
(h) access the Saudi Arabian Riyal Interbank Express (SARIE) system so that you can transfer funds inter-bank i.e., from your Wallet Account to an account held by a third party with a bank in the Kingdom of Saudi Arabia other than us;
(i) access the SADAD Payment System to pay bills to a Provider;
(j) make wallet to wallet transfers; and
(k) receive a payment card in accordance with the barq Payment Cards Terms and Conditions under Annex 1 hereto.
5.2 Your Wallet Account is an e-money account. You acknowledge that your Wallet Account is not a bank account. There is no overdraft facility available on your Wallet Account.
5.3 We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that we may make new services available to you. We will notify you of any amendments to the Agreement resulting from the introduction of new services by email or by providing a link to the updated Agreement at least thirty (30) days prior to the new service becoming available and the terms of Section 20.2 will apply.
5.4 You acknowledge and agree that we may stop providing the Wallet Services to you as provided in the Agreement. You may stop using the Wallet Services at any time. You do not need to inform us when you stop using the Wallet Services.
5.5 You acknowledge and agree that we may establish general practices and limits concerning the use of the Wallet Services without prior notice to you, including without limitation individual or aggregate transaction limits on the value or number of transactions during any specified time period(s) and Recharge Limits. In addition to any applicable account limits and Recharge Limits, we may restrict transactions to or from your Wallet Account or limit access to your Wallet Account in such amounts and for such time as we reasonably deem necessary to protect us or other users if (a) we are subject to financial risk, (b) you have violated any term of this Agreement, (c) any dispute exists involving your Wallet Account or transaction conducted in connection therewith, (d) needed to protect the security of our systems or (e) needed to abide by any requirement or request from SAMA. We may restrict access to your Wallet Account while we complete any pending investigation or resolve a pending dispute. We also may hold the funds in your Wallet Account as required by law or court order or if otherwise requested by law enforcement or any governmental entity. For the facilitation of the foregoing, your Wallet Account will show the Current Balance and the Available Balance. You will only be able to use funds showing in your Available Balance for payments and transfers from your Wallet Account. Amounts in your Current Balance exceeding the Available Balance may not be used for payments and transfers from your Wallet Account and they will automatically and gradually be transferred to your Available Balance as soon as the Recharge Limit(s) permit doing so, otherwise, you may request the transfer of the full Current Balance to a bank account you own upon the closing of your Wallet Account. We may decline any request to load your Wallet Account while the Recharge Limits are reached.
5.6 We may refuse to execute any transactions or orders or other use of the services if we have reasonable grounds to suspect fraud, a breach of the applicable Agreement by you or a violation of law. Transactions may also be delayed due to our or a third party's compliance with its obligations under applicable anti-money laundering legislation, including if we or the relevant third party suspect the transaction involves fraud. In the event that we refuse to execute a transaction or order or other use of the services, you will be notified and we will provide you with objectively justifiable reasons for the refusal, unless it is unlawful for us to do so, or would compromise reasonable security measures.
5.7 Funding, payments and transfers are displayed in your Wallet Account and you should check your Wallet Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible using the methods specified in Section 2.2 above.
5.8 We will provide you with a history of the transactions that you make under this Agreement at least once per month free of charge, including details of the beneficiaries, amounts, the fees, charges and commissions, the dates and times of receipt of the instructions and of execution and the reference numbers for each transaction.
5.9 Except for our role in offering the Wallet Services, we are not involved in any underlying sales transaction between you or any other user or Provider. The availability of payment methods may vary depending on the web-App you make purchases on. Providers may enable access to the Wallet Services for the purpose of initiating transactions that are authorized by other users through their Applications. In this limited capacity, we are neither the buyer nor the seller of the items or services the merchant offers for sale and are not a party to the sales contract. We will not mediate disputes between you and Providers or enforce or execute the performance of any sales contract.
6. INTERNATIONAL REMITTANCES (THIS SECTION APPLIES TO INTERNATIONAL REMITTANCES)
6.1 You may transfer funds from your Available Balance through International Remittances. You hereby acknowledge and agree that this Wallet Service is powered and serviced by Remittance Intermediaries and such International Remittances will be subject to special terms and conditions as described below:
(a) Unless applicable law in the destination country you specify for a Receiver requires otherwise, you will bear all fees, charges, local taxes, exchange fees, and any other fees and charges of whatever nature for International Remittances.
(b) Where possible, charges for International Remittances will be shared with you on the App prior to the completion of the transfer order. You acknowledge that such charges cannot always be calculated in advance. On requesting a transaction order, we will promptly share with you the applicable charges relating to the transaction.
(c) In the event you cancel a transaction, or a transaction is declined or for any other reason reversed, transaction fee and charges in relation to any International Remittances are non-refundable and therefore will not be returned to your Wallet Account. You are therefore advised to ensure that your requests for International Remittances are carefully reviewed before submission via the App.
(d) Remittance Intermediaries may be prohibited from completing an International Remittance transaction by applicable law, including laws administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and the European Union.
(e) International Remittances are normally paid out in the currency of the destination country. If the currency that you select is not the currency to be received by the Receiver, the amount of the International Remittance will be converted at the then current rate of the destination country and as we determine from time to time, in addition to the applicable transfer fee. Such currency conversion will be made at the time of making the transfer and the Receiver will receive the converted foreign currency amount. Where local regulations at the destination country require, the currency of the International Remittance must be converted at the time the International Remittance is paid out to your Receiver, in which case the exchange rate and any amounts related to your International Remittance may be subject to exchange rate fluctuations between the time of transfer and the time your Receiver collects the corresponding funds. In countries that provide payment in multiple currencies, you must select the currency of payment to the Receiver at the time of selecting this Wallet Service. The transfer fee that the Remittance Intermediaries make when changing the funds into foreign currency may vary based upon the payment currency you selected.
(f) With respect to International Remittances from your Wallet Account to another bank account, where available, you are liable for any additional fees applicable where the Receiver's account is not in the local currency or if you choose to complete a transaction in currency other than the local currency, or where local regulations in the destination country require the currency to be converted at the time the Receiver is paid, the Receiver's receiving institution may, at its discretion, convert the funds at its own exchange rate or reject the transaction. The exchange rate applied may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions.
(g) Remittance Intermediaries will refund the principal amount of an International Remittance (at the applicable exchange rate in effect at the time the refund is made) upon your request via the App when possible or if payment to the Receiver is not made or credited within forty-five (45) days. Transfer fees and charges are not refundable. To the extent allowed by law, we and Remittance Intermediaries may deduct an administrative charge from International Remittances that are not picked up within one (1) year of the send date.
(h) We and the Remittance Intermediaries do not guarantee the delivery or suitability of any goods or services paid for by means of International Remittance. In no event shall we or any Remittance Intermediary be liable if you communicate transactional data to any person other than the Receiver or if your Receiver communicates such transactional data to any other person. We are not responsible for any delay in the completion of an International Remittance transaction resulting from any cause whatsoever, including (without limitation) from: (i) a transaction exceeding any amount limitations, and/or (ii) regulatory restrictions or other restrictions. In no event shall we or any Remittance Intermediary be liable for damages for delay, non-payment or underpayment of an International Remittance, or non-delivery of any supplemental message, whether caused by negligence on the part of their employees or representatives or otherwise, other than refunding the principal amount of the International Remittance.
(i) In no event shall we or Remittance Intermediaries be liable for: (i) any fees, exchange rates used for conversion to non-local currency, (ii) acts or omissions of the destination or intermediary financial service providers, (iii) any losses resulting from any charges or fees being applied to your International Remittance transaction, or (iv) any indirect, special, incidental, or consequential damages.
7. PAYMENT CARDS
7.1 Upon setting up your valid and active Wallet Account, we may automatically issue for you a payment card linked to your Wallet Account. You hereby agree and accept that we issue such payment card automatically.
7.2 Your payment card(s) will not be valid unless you activate such payment card in accordance with Annex 1 hereto, and by such activation you will be accepting the terms in Annex 1 applicable to your payment cards. You are free to decide whether you activate and accept the payment cards and their terms or not.
8. PROHIBITED PAYMENTS
8.1 We reserve the right to impose acceptable use terms in relation to the operation of your Wallet Account and the provision of any Wallet Services including the prohibition of certain categories of transactions for example payments in relation to gaming, cryptocurrencies and all other virtual currencies by specifying these on the App. We will notify you in the event that we impose such terms in relation to your Wallet Account at least thirty (30) days before the terms are implemented.
8.2 You must not use your Wallet Account for any illegal purposes including without limitation fraud and money laundering. If you conduct or attempt to conduct any transaction in violation of the prohibitions, we reserve the right to reverse the transaction, and/or close or suspend your Wallet Account and/or report the transaction to the relevant law enforcement agency and/or claim damages from you.
9. FUNDING AND RECEIVING PAYMENT
9.1 Funds paid by you or a third party will be credited to your Wallet Account on the Business Day they are received. If we receive funds after the Cut Off Time on a Business Day or on a day that is not a Business Day, funds will be deemed to have been received on the next Business Day. We shall not be responsible for the funds until they are received by us.
9.2 In the event that the funds are subject to a reversal, we will deduct such reversed transaction from the balance of your Wallet Account. If your Wallet Account balance is insufficient to cover the reversal, we reserve the right to require repayment from you.
9.3 You should regularly reconcile incoming payments with your own records. You should be aware that the crediting of funds to your Wallet Account does not mean that these transactions cannot be reversed. We reserve the right to reverse a payment where the payer or the payer’s bank or payment service provider has reversed (or is reasonably likely to reverse) a payment to your Wallet Account.
9.4 All payments to us must be ascribed a clear and complete reference so that we can credit the funds into your Wallet Account. Further details as to what references must be used are set out on the App.
9.5 It is your responsibility to ensure that accurate, complete and correct references are ascribed for each incoming payment so that we can credit the funds into your Wallet Account. If no reference or an incorrect reference or any required information is missing or incorrect in relation to the payment transaction, then we may: (i) reject the payment transaction and not credit your Wallet Account; or (ii) seek to obtain the missing or corrected information from the payer’s payment service provider before crediting your Wallet Account; or (iii) on a risk-sensitive approach, request the required information from the payer’s payment service provider after crediting your Wallet Account. In such cases, we will not be liable for any loss you incur, although we will use reasonable efforts to investigate and credit or return incorrect and inaccurately referenced payments into or from your Wallet Account.
9.6 We will provide you, after the execution of a payment credited to you, with the following information: (i) a reference to enable you to identify the payment transaction and where appropriate the payer and any information transferred with the payment transaction; (ii) the amount of the payment transaction in the currency in which the funds are at your disposal; (iii) the amount of fees or charges for the payment transaction payable by you; (iv) the exchange rate used in the payment transaction by us; and (v) the date on which the payment transaction was credited to your account.
10. SENDING PAYMENTS
10.1 We will consider any instruction for a payment transaction to have been authorised by you once you have given us consent to carry it out. You consent to making a payment by following the on-screen prompts when using the App and using one of the tools we make available for you to confirm payments.
10.2 For the purposes of this Agreement, sending payments from your Wallet Account means either making payments from your Wallet Account to third party beneficiaries or Providers, instructing funds in your Wallet Account to be transferred to another account in your name with a third party or withdrawing funds in cash.
10.3 We will send payments in accordance with your instructions to third party beneficiaries or another account held in your name that you specify to us in accordance with your instructions. When making payments to yourself and not to a third party beneficiary, we will only make a payment to a bank account or to debit or credit card where you are the named holder of such account.
10.4 All payment instructions must be made through the App. It is your responsibility to ensure that accurate, complete and correct payment instructions for the beneficiary of a payment (including payments to yourself) are provided to us through the App.
10.5 This includes but is not limited to providing us with correct details for the beneficiary to which you would like the payment to be sent. If you provide incorrect beneficiary details, we will not be liable for any loss you incur, although we will use reasonable efforts to assist you in the recovery of your payment. We reserve the right to charge you a fee in accordance with the applicable laws to cover our reasonable costs for doing this. If we are unable to recover the funds on your behalf, we will, on receipt of a written request from you, provide to you all available relevant information in order for you to claim repayment of the funds at no extra cost.
10.6 You are required to provide us with any additional information that we request with regard to a payment within two (2) Business Days of our request. You consent to us including your full name, address and account number (and any other details as are required to enable us to comply with our anti money laundering procedures) on the payment details to be sent to the beneficiary's bank or payment service provider to comply with anti-money laundering regulations. If you instruct us to make payment to a new or an existing beneficiary, and your beneficiary account details are provided via an oral instruction (such as by telephone, video conferencing or other similar means) or otherwise by a communication that is not in writing then we will send you an email containing the beneficiary account details you have provided.
10.7 You may revoke or cancel a payment instruction for a future outgoing payment transaction at any time prior to payment execution through the App. You are responsible for confirming via the App that a payment instruction has been received and processed by us. We are not liable for any loss in circumstances where erroneous duplicate payment instructions are sent to us by you.
10.8 If we receive a payment instruction by the Cut Off Time on a Business Day, your payment instruction will be deemed to have been received by us on that Business Day. If your payment instruction is received after the Cut Off Time or on a day that is not a Business Day, your payment instruction will be deemed to have been received on the next Business Day.
10.9 After the receipt of a payment instruction, we will provide you with: (i) a confirmation of the successful or unsuccessful initiation and execution of the payment instruction; (ii) a reference number to track the status of the payment instruction; (iii), including: (a) the date and amount of the payment instruction; and (b) information relating to the payee; (iv) the amount of the payment instruction, any related fees or charges, including the actual currency and conversion rates used, and withdrawal charges, where applicable; and (v) the date on which we received the payment instruction. We will ensure that all payment instructions that we send to you or third party beneficiaries under your instructions are accompanied by the information required in accordance with the SAMA Guidelines.
10.10 You must notify us by telephone or in writing as soon as is reasonably practicable after you become aware of any unauthorised or incorrectly executed payments. In order to claim a refund for an unauthorised or incorrectly executed payment transaction on your Wallet Account you must notify us without undue delay after becoming aware of the unauthorised or incorrect transaction. We will not be liable for incorrectly executed payments where you have failed to provide prompt notice of such matters. We will use reasonable efforts to recover the funds from the incorrect recipient of the funds and the recipient’s payment service provider.
10.11 We may refuse your payment instruction because for example you are in material breach of this Agreement or we reasonably believe the payment to be unlawful. In these circumstances we shall notify you using your supplied contact details, stating wherever possible the reasons for our refusal, and the procedure for rectifying any payment detail errors that led to the refusal but we reserve the right to charge you a fee to cover our reasonable costs for doing this. We are not obliged to notify you of our refusal to execute the proposed transaction where we reasonably believe that such a notification would be unlawful.
11. MAKING PAYMENTS
11.1 Our Wallet Service permits you to authorize payments to merchants and billers directly. The actual payment will not be completed until the merchant or service provider processes your payment authorization with us. A merchant or service provider may delay processing your authorization. The payment authorization will be held with us until the transaction is completed.
11.2 You may preauthorize merchants or billers to charge your selected payment method using Recurring Payment, Multiple Payment or Split Payment. Multiple Payment may be used only for multiple payments which are not Recurring Payments. You may cancel or stop a Recurring Payment or a Multiple Payment at any time by logging into the “Your Account” portion of our App and cancelling the authorization listed in “Account Settings”. The charges applied by a merchant for a Split Payment may not exceed the full amount of the order you agreed to pay.
11.3 You are entitled to a refund of the full amount of any payment transaction authorized by you and initiated by or through a merchant, provided the following conditions have been met (a) the authorization given to the merchant did not specify the exact amount of the transaction at the time the authorization was made, (b) the amount of the transaction exceeded the amount that you could reasonably have expected, taking into account your previous spending patterns and this Agreement, and (c) you make the request for a refund as soon as possible and within the timeframe notified to you by us for the use of the Service. We reserve the right to request further information to ascertain whether these conditions have been satisfied. If you receive a refund for a purchase but you fail to return the product to the merchant, we may charge you for the product consistent with the original order.
11.4 In case of a non-executed or defectively executed transaction, we will rectify the error subject to the terms of this Agreement. In this case, we will refund your Account with the amount of the non-executed or defectively executed transaction without undue delay and take any other action necessary to restore the account in the state in which it would have been had the defective transaction not taken place. We will make efforts to trace the transaction and will notify you of the outcome.
12. IMPLEMENTATION
12.1 You will comply with any technical and operational specifications provided or made available by us with respect to the Wallet Service (the “Specifications”). We will provide you with thirty (30) days prior notice of any changes to the Specifications and the terms of Section 20.2 below shall apply, unless such changes should be implemented with immediate effect for the best interest of you and us. Prior to making your App or service generally available for commercial use with our Wallet Service, you will test your App or service to ensure that it operates properly with the Specifications. You will correct any material errors, defects or other non-compliance of which you become aware, including from review and test results provided by us.
12.2 We may make modifications, updates or upgrades to the Wallet Services and/or the barq Materials and we will notify you of such modifications, updates or upgrades (as applicable) at least thirty (30) days in advance of such changes, unless such modifications require immediate implementation for the best interest of you or us. In such event, you will test and, if necessary, modify your web App or service to ensure that it continues to operate properly with the then-current version of our Wallet Service.
13. PAYMENT TERMS
13.1 You agree to pay all applicable fees whenever you use our Service either directly with us or our Affiliates or through a Provider’s Application. We will notify you of the applicable fees from time to time but prior to you authorising a payment transaction. All fees are within our discretion. If you use our Wallet Services through a Provider’s Application, you are only responsible for the fees associated with transactions that you authorize through that Application and for which the Provider notifies you that you are responsible when you register for or use the Application.
13.2 We reserve the right to change our fees at any time. Fees are assessed against the amount of the transactions, including all applicable charges (e.g., shipping, taxes, etc.). All e-money and all fees, charges, and payments collected or paid through the Service are denominated in SAR. We will notify you of any changes to the fees at least thirty (30) days in advance of such changes coming into effect. If you do not agree to these changes, you can elect not to use the Wallet Services at your convenience, and you may as well terminate this Agreement without cost to you provided you tell us you wish to terminate before the end of the period which is thirty (30) days from the date we notify you of the change to the fees. Alternatively, we may change our fees without notifying you if such changes are shown in the App by way of reference price that is accessible to you on the App (such as a reference to an index or percentage set out by SAMA).
13.3 To the extent permitted by law, we may set off against your balance in your Wallet Account or debit your funding instrument for any obligation you owe us under this Agreement, including without limitation any fees (“Deductions”). All Deductions are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from your Balance. If you owe us an amount that exceeds your balance in your Wallet Account, we may charge or debit the funding instrument or you will pay us the full amount of the outstanding Deductions upon receipt of our invoice. You will be liable for and pay us upon invoice all costs associated with collection in addition to the amount collected, including without limitation attorneys’ fees, court costs, collection agency fees, and any applicable penalty.
13.4 In the event there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your Wallet Account to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. We reserve the right to charge you a fee in accordance with the applicable laws to cover our reasonable costs for doing this.
13.5 You are responsible for determining any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance or use of the Wallet Service, your use of the App, the sale or purchase of any products or services, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or Their respective employees, agents, contractors, or representatives (“Taxes”). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We and our Affiliates are not obliged to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.
13.6 If you paid any fees and you terminate this Agreement in accordance with Section 15.2 within ten (10) days of registration in accordance with Section 4, you have the right to claim back the payment of fees to the extent that such fees were not due for Wallet Services provided to you during the ten (10) days period above.
14.1 We may, from time to time, at our sole discretion, introduce customer rewards programs on the App (each, a “Rewards Program”). The terms of the Agreement and the terms and conditions outlined in Annex 1 related to the customer rewards programs will automatically apply in addition to any specific terms and conditions of the Rewards Program as we may announce or supplement via the customer journey on the App from time to time.
15. TERM AND TERMINATION
15.1 This Agreement commences on the date that you make a purchase using the Wallet Service or register for a Wallet Account with us on the App. The Agreement will continue unless and until terminated in accordance with the provisions of this Section 15.
15.2 Unless otherwise agreed in writing by you, you may terminate this Agreement at any time by contacting customer service as per Section 2.2 above and closing your Wallet Account. Upon closure of your Wallet Account, any pending transactions will be cancelled.
15.3 Except as otherwise agreed in writing, we may terminate the Wallet Service and this Agreement, for any reason at any time by providing prior written notice to you. Without limiting the foregoing, we may suspend the Service and block access to your Wallet Account (including without limitation the funds in your Wallet Account) if (a) you have violated the terms of this Agreement, (b) we determine that you pose an unacceptable credit or fraud risk to us, (c) you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct, (d) we have security concerns regarding your Wallet Account, including your Credentials, or (e) we suspect unauthorized or fraudulent use of your Wallet Account or any payment information in your Wallet Account. In such cases we will inform you of the suspension of your Wallet Account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless we determine giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Wallet Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for suspension. You must notify us through the methods specified in Section 2.2 above if you wish to request us to reactivate your Wallet Account.
15.4 We will not be liable to you for compensation, reimbursement, or damages of any kind, direct or indirect, including damages on account of the loss of prospective profits, anticipated sales, goodwill, or on account of expenditures, investments, or commitments in connection with your use of the Wallet Service, or in connection with any termination or suspension of the Wallet Service. Upon termination of this Agreement for any reason: (a) you will remain liable for all fees, charges and other payment obligations that have been incurred through the date of termination with respect to the Wallet Service; and (b) your access to the App will be terminated. In addition to any payment obligations under this Agreement, and any other terms which by their nature will survive the termination or expiration of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement.
15.5 If after termination of the Agreement there are funds in your Wallet Account, upon your request, we will redeem the full amount of the outstanding e-money. You may request redemption of your funds to be provided in cash or by transfer to your bank account (in which case you will need to provide us with your bank account details). We will process redemption request within one month of receipt of your request. We will do its best to provide redemption of the funds on your Wallet Account by the method you have chosen, but retains a discretion to determine the method to be used based on the amount of funds that you hold.
16. PRIVACY; USER INFORMATION
16.1 We use your personal data in the manner set out in our privacy policy and as further described in this Agreement. By using the App, you consent to the collection and use of your personal data in the manner set out in the privacy policy. If we decide to change our privacy policy, we will post those changes on the privacy policy page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. You should check the privacy policy frequently for changes.
17. We will protect your personal data and maintain its confidentiality including where it is held by an agent or third party on behalf of us and ensure that we have in place and maintain adequate policies, procedures and controls. We will not disclose your personal data unless: (i) required to do so by applicable laws and regulations, by SAMA or other competent authority in the Kingdom of Saudi Arabia; or (ii) the disclosure is made with your prior written consent. For further information, please refer to our privacy policy accessible through the App.
18. WARRANTIES
18.1 You represent and warrant to us that: (a) you are eligible to register and use the Wallet Service and have the right, power, and ability to enter into and perform under this Agreement and grant the rights, licenses and authorizations you grant under this Agreement; (b) the name identified by you when you registered is your name or the business name under which you sell products and services; (c) any sales transaction submitted by you will represent a bona fide sale by you as described on your App or Application; (d) you will only use the Wallet Service to transact on your own account and not on behalf of any other person or entity; (e) you and all transactions initiated by you will comply with all laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (f) you will not use the Wallet Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Wallet Service; (g) you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
18.2 We and our Affiliates (and their licensors) make no express warranties or representations with respect to the provision of the Wallet Services.
18.3 In particular, we, and our Affiliates (and their licensors) do not represent or warrant to you that:
(a) Your use of the Wallet Services will meet your requirements;
(b) Your use of the Wallet Services will be uninterrupted, timely, secure or free from error; and
(c) any information obtained by you as a result of your use of the Wallet Services will be accurate or reliable.
18.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Wallet Services except to the extent that they are expressly set out in the Agreement.
19. LIABILITY
19.2 Subject to Section 18.1 above, we, and our Affiliates (and its licensors), will not be liable to you for any:
(a) loss of profit;
(b) loss of goodwill or reputation;
(c) loss of business;
(d) loss of revenue;
(e) loss of data; or
(f) any indirect or consequential losses.
19.3 Subject to Section 18.1 above, we, and our Affiliates (and its licensors), will not be liable to you for any loss or damage which may be incurred by you as a result of:
(a) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the App;
(b) any change which we may make to the Wallet Services, or any permanent or temporary cessation in the provision of the Wallet Services (or any features within the Wallet Services);
(c) malfunction of the Wallet Services;
(d) the deletion of, corruption of or failure to store any communications data maintained or transmitted by or through your use of the Wallet Services;
(e) your failure to provide us with accurate account information; or
(f) subject to Section 4.8 above, any fraudulent use of the Wallet Services by you.
20. INDEMNITY
20.1 You will indemnify, defend and hold harmless us and our Affiliates (and Their respective employees, directors, agents and representatives) from and against any and all claims, costs, actions, suits, or demands and any related losses, damages, liabilities, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our Policies or Association Rules; (b) any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by your trademarks used in connection with the Wallet Services or your App or Application using the Wallet Service; (c) your use of the Wallet Service; or (d) any transaction submitted by you through the Wallet Service.
21. GENERAL PROVISIONS
21.1 This Agreement is available in Arabic and English languages, and you agree that we will communicate with you and you will communicate with us in Arabic or English during the term of this Agreement. When you visit the App or send e-mails to us, you are communicating with us electronically. We communicate with you via the App and the e-mail address we have on file for you. By registering for the Wallet Service and accepting the terms of this Agreement, you affirmatively consent to receive notices electronically from us. We may provide all communications and information related to the Wallet Service and your Wallet Account, including without limitation agreements related to the Wallet Service, amendments or changes to such agreements or any Policies, disclosures, notices, transaction information, statements, responses to claims and other customer communications that we may be required to provide to you by law (collectively, “Communications”) in electronic format. Communications may be posted to the App or sent by e-mail to the e-mail address we have on file for you, and all such Communications will be deemed to be in “writing” and received by and properly given to you. You are responsible for printing, storing and maintaining your own records of Communications, including copies of this Agreement. This condition does not affect your statutory rights, including the right to request a copy of this Agreement. If you request to receive additional information that we are not required to provide to you by law, we will provide you with the information that we reasonably deem appropriate and we may charge you for this activity an amount that is proportionate to our associated costs.
21.2 We may modify the terms of this Agreement, the Specifications, any Policy, or the features of the Wallet Service at any time however we will provide you with at least thirty (30) days’ notice before we implement any such changes. We will notify you of any updated Agreement or Policy by posting it to our App. If you do not agree to any change to this Agreement, the Specifications, any Policy or feature of the Wallet Service, you may terminate this Agreement and close your Wallet Account without charge to you for such termination. You will be deemed to accept the changes to Policies, the Specifications, this Agreement, or the features of the Wallet Services (as applicable) if you do not terminate this Agreement by the date which is thirty (30) days from the date that we notified you of the change. You are at all times responsible for reading and understanding each version of this Agreement and our Policies.
21.3 Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between you and us or our Affiliates. Further, neither party shall be deemed to be an agent or representative of the other by virtue of this Agreement. Neither party is authorized to, and will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other party. Without limiting the generality of the foregoing, neither party will enter into any contract, agreement or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other party.
21.4 You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without our prior written consent. Subject to the foregoing, this Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.
21.5 To be effective, any waiver by a party of any of its rights or the other party’s obligations under this Agreement must be made in a writing signed by the waiving party. No failure or forbearance by either party to insist upon or enforce performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise constitutes a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
21.6 If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
21.7 This Agreement shall be governed by the laws of the Kingdom of Saudi Arabia. This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed and interpreted in accordance with the laws of the Kingdom of Saudi Arabia. All disputes arising from or related to this Agreement shall be determined in accordance with the dispute resolution procedures established by SAMA from time to time.
21.8 If you wish to make a complaint about the Wallet Service, you can make a complaint by notifying our customer support as per Section 2.2 above. We will ensure that all complaints are handled and addressed in a fair and timely manner. We will communicate with you regarding your complaint within a period of seven (7) calendar days from the date of receipt (unless you notify us that the complaint has been resolved). We will respond to you with a decision regarding your complaint within fourteen (14) calendar days from the date we receive the complaint.
21.9 This Agreement, including without limitation the Policies, constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on us unless set forth in writing and signed by us.
21.10 By selecting the "Continue" tab at the starting screen, you confirm that you have read this Agreement, you agree to all terms, conditions, and notices contained or referenced in this Agreement and you provide your express consent to the same.
ANNEX 1
PART ONE
BARQ PAYMENT CARDS TERMS AND CONDITIONS
Pursuant to Section 7 of the Agreement, we will, upon availability of the service, automatically issue you a virtual payment card (“Virtual Payment Card”) linked directly to your Wallet Account. You may request a physical payment card linked directly to your Wallet Account (“Physical Payment Card”, each of the Virtual Payment Card and the Physical Payment Card may be referred to as a “Payment Card”) pursuant to the terms below.
The provisions of the Agreement and these barq Payment Cards Terms and Conditions (the “Payment Cards Terms”), which form an integral part of the Agreement, shall apply to your use of the Payment Cards. Before you use your Payment Card, please carefully read these Payment Cards Terms.
1. APPLICATION AND ACTIVATION OF YOUR PAYMENT CARD
1.1 The Payment Cards are issued by us. Subject to having a valid and active Wallet Account, we may automatically issue for you a Virtual Payment Card. If you express a preference for a Physical Payment Card in addition to the Virtual Payment Card, we will accommodate your request based on availability in accordance with Section 1.3 below. On receipt of the Physical Payment Card, you shall immediately sign the Physical Payment Card if such Physical Payment Card shows a signature section located on the reverse of the Physical Payment Card.
1.2 You can activate your Payment Card by logging in to your Wallet Account and entering the last four (4) digits of your Payment Card or using near field communication “NFC” functionalities.
1.3 You may request a Physical Payment Card by contacting us as mentioned under Section 2.2 of the Agreement and we will accommodate your request based on availabilities. Upon obtaining the same, you may activate your Physical Payment Card by logging in to your Wallet Account and creating a personal identification number (PIN).
2. PERIOD OF VALIDITY OF THE PAYMENT CARDS
2.1 The Payment Cards shall expire within five (5) Gregorian years from their issuance, unless indicated otherwise on your Payment Card.
3. SUPPLEMENTAL CARDS
3.1 We may, pursuant to your request, issue supplementary Payment Card(s) (“Supplementary Payment Cards”) linked to your Wallet Account. These Payment Cards Terms shall apply to the use of any Supplementary Payment Card(s) and the term “Payment Card” shall, whenever applicable, include reference to such Supplementary Payment Card(s).
3.2 You, as the primary cardholder, shall be liable for all liabilities incurred under the Supplementary Payment Card, including any outstanding and or unpaid balances.
3.3 In addition to our other rights and powers under the Agreement, we may cancel any Supplementary Payment Card(s) at any time and seek the return of Supplementary Payment Card(s) issued to the identified cardholder.
4. YOUR CANCELLATION RIGHT AND TERMINATION
4.1 You have the right to cancel a Payment Card without charge. For avoidance of doubt, in the event of any Payment Card cancellation by you (whether early or otherwise), any fees charged for the issuance of a Payment Card will remain non-refundable.
4.2 You have the option to cancel a Payment Card at any time provided you notify us in accordance with Section 2.2 of the Agreement.
4.3 We may terminate these Payment Cards Terms and accordingly cancel the Payment Cards by providing you with thirty (30) calendar days prior notice at any time. We will provide you with a notice specifying the reason for such termination.
4.4 On termination of these Payment Cards Terms, all existing amounts owed by you shall become due and payable to us.
4.5 Where you become bankrupt or insolvent, all existing amounts outstanding on the Payment Cards shall become due and payable immediately under these Payment Cards Terms and any holders of a Supplementary Payment Card must immediately stop using the Supplementary Payment Cards and return these to us.
4.6 You may cancel a Supplementary Payment Card by giving a written notice to us in accordance with Section 2.2 of the Agreement, or by clicking on the relevant box in the App, and you shall return the Supplementary Payment Cards to us. These Payment Cards Terms shall remain in force in relation to the cancelled Supplementary Payment Cards until the amounts due on all Supplementary Payment Card transactions are paid to us.
4.7 If you fail to comply with these Payment Cards Terms, we may terminate these Payment Cards Terms and you will be required to pay all outstanding amounts owed to us. You will be responsible for all expenses, fees and costs incurred by us, including legal fees incurred in obtaining payment from you.
5. REPLACEMENT CARDS
5.1 We may provide you with a new Payment Card in the following circumstances:
5.1.1 you have reported the Physical Payment Card as lost, stolen or destroyed; or
5.1.2 the Payment Card has been invalidated on the suspicion of a fraud or a suspicious transaction; or
5.1.3 your Virtual Payment Card is accessed or use by someone other than you without your fault; or
5.1.4 the validity period of the Payment Card as set out in section 2.1 of these Payment Cards Terms is due to expire; or
5.1.5 as a result of technical, operational or technological enhancements (including system enhancements); or
5.1.6 in order to comply with any applicable laws, requirements or regulations in the Kingdom of Saudi Arabia.
5.2 In the event that your Physical Payment Card is lost, stolen or destroyed, you shall notify us immediately by contacting us in accordance with Section 2.2 of the Agreement. You shall be responsible for any transactions made on the Payment Cards before we receive notice in accordance with this section reporting the loss, theft or destruction of the Payment Cards.
5.3 If your Payment Card is subject to unauthorized access or use by a third party, you shall notify us immediately by contacting us in accordance with Section 2.2 of the Agreement. You shall be responsible for any transactions made on the Payment Card before we receive notice in accordance with this section reporting the unauthorized use or access to your Payment Card.
5.4 You shall have the right to accept or reject the replacement Payment Card issued to you in accordance with Section 5.1 of these Payment Cards Terms provided that you will have been deemed to have given your consent where:
5.4.1 You do not expressly object to the new Payment Card within two (2) weeks from the date of issue of the replacement Payment Card; or
5.4.2 You activate the Payment Card as required by us or otherwise use your replacement Payment Card to undertake transactions in your Wallet Account.
6. YOUR RESPONSIBILITIES
6.1 You will not permit any other person to use the Payment Cards and will at all times safeguard the Payment Cards and any personal identification number issued and keep it under your personal control.
6.2 You must notify us immediately if you become aware of any disclosure of or access to your Payment Card by any third party.
6.3 You are required to keep your contact details up-to-date and shall immediately notify us of any change in your contact details by contacting us in accordance with Section 2.2 of the Agreement.
6.4 We shall not be responsible for any provider that refuses to accept the Payment Cards. We shall not be in any manner responsible for the goods or services that are provided to you and you must contact the provider directly to resolve any issues with goods or services provided to you by a provider.
6.5 You are not permitted to use the Payment Cards for any illegal purpose, including the purchase of goods or services that are prohibited under the laws of the Kingdom of Saudi Arabia. If you use the Payment Cards for an illegal purpose, we shall have the right to cancel the Payment Cards and any Supplementary Cards, and you must pay all outstanding amounts immediately.
6.6 You shall not exceed the payment limit set by us as described in Section 7 below.
7. PAYMENT CARD LIMIT AND PAYMENT TRANSACTIONS
7.1 The limit of payments of all Payment Cards linked to your Wallet Account shall be the Available Balance of your Wallet Account, and you shall comply with this limit at all times. This limit is subject to change from time to time at our sole discretion. You can always check your Available Balance by logging in to your Wallet Account.
7.2 You will be able to access transaction history and summaries of transactions relating to your Payment Card(s) via the App.
7.3 At carrying out any transaction using your Payment Card, we will charge such amounts by automatically debiting your Wallet Account for each transaction.
7.4 If for any reason the Available Balance of your Wallet Account is not sufficient for the full repayment of amounts due on your Payment Cards, we may immediately:
7.4.1 freeze your Wallet Account and Payment Cards and treat them as a delinquent account; and
7.4.2 work towards a mediated settlement before taking any further action against you.
7.5 You acknowledge and agree that not receiving the account statement does not excuse you of your obligation to make payment of the amounts payable on your Payment Cards to us. You can find out the payable amounts on the Payment Card by accessing your Wallet Account through the App. In the event you disagree with any amount charged to your Payment Card as indicated in the statement, you must communicate the same to us as per Section 2.2 of the Agreement within thirty (30) days of showing such transaction on the statement, failing which, we will not be responsible if the transaction concerning such issue is not successfully disputed with the transaction processing bank or the biller.
8. FEES AND CHARGES
8.1 Without prejudice to Section 13.6 of the Agreement, you shall pay the non-refundable annual fee if applicable, if any, upgrades and any charges for additional services based on the fees that are displayed through the App or in such other agreed communication methods as per Section 2.2 of the Agreement. Such fees and charges will be debited directly from your Wallet Account.
8.3 Where you do not wish to accept the amendments or changes in the charges and/or fees notified by us in accordance with Section 8.2 of these Payment Cards Terms above, you may terminate these Payment Cards Terms in accordance with Section 10.2 of these Payment Cards Terms below.
8.4 International Transactions: the value of all transactions made via your Payment Card will be charged to your Wallet Account in the currency of your Wallet Account as advised by us. Such Payment Cards transactions that are effected in currencies other than the currency of your Wallet Account will be debited to your Wallet Account after conversion into your Wallet Account’s currency at a rate of exchange to be determined by us from time to time. All transactions that are conducted or contracted in currencies other than SAR will first be settled in SAR and then converted to and settled in the currency of your Wallet Account.
9. DISPUTED TRANSACTIONS
9.1 Your liability for unauthorized use of Payment Cards shall be limited by the following:
9.1.1 Where the unauthorized use: (i) of your Physical Payment Card is due to loss or theft of the Physical Payment Cards, or (ii) of your Virtual Payment Card is due to unauthorized use or access of your Virtual Payment Card by a third party, your maximum liability prior to you reporting the loss or theft to us shall not exceed your Available Balance or the amount of unauthorized transactions posted to your Wallet Account whichever is lower at the time of such loss or theft; and
9.1.2 You shall have no liability for any unauthorized transactions made by the use of the Payment Cards after reporting it to us if the following conditions were met:
(a) you notified us immediately and without delay in accordance with Sections 5.2 or 5.3 (as applicable) of these Payment Cards Terms; and
(b) you exercised vigilant care in safeguarding the Payment Cards from risk of loss, theft or unauthorized use.
9.2 Where you inform us of unauthorized charges on your Payment Cards, we shall ensure appropriate investigations are carried out to determine responsibility and liability. You must provide the necessary information and documentation to assist in the investigations as may be requested by us. We will provide you with a reference or transaction number at the time of the report of loss, theft or unauthorized usage of the Payment Cards.
9.3
After our receipt of
a notification of loss or theft of a Payment Card, we will block the Payment
Card. You will thereafter have no further liability provided that you have
acted in good faith and with all reasonable care and diligence in safeguarding
the Payment Card unless it has been proven to us that you acted in bad faith.
In case you recover the Payment Card, you shall report the matter to us and the
police and
immediately hand over the recovered Payment Card to any of our support centers
in the country for destruction. You must not make any attempt to use that
Payment Card that has been reported as lost or stolen.
9.4 The authorization and indemnity under this section shall remain in full force and effect unless and until we receive, and have had a reasonable time to act upon, notice of termination from you in accordance with the terms herein, save that such termination will not release you from any liability under this authorization and indemnity in respect of any act performed prior to the expiry of such time.
9.5 Your failure to sign any sales slip or mail order coupon will not relieve you from liability to us in respect of the sales and mail orders. You have the objection right against any amount charged on the Payment Card as mentioned above.
9.6 We shall not be responsible for any loss or damage arising directly or indirectly from any malfunction/failure of the Payment Card arising out of your mistake, the insufficiency of funds or any other reason either within or beyond our control unless such direct and actual loss or damage occurs as a result of our negligence.
10. GENERAL
10.1 You may terminate these Payment Cards Terms if you do not agree to any amendment, change or modification notified to you by us by notifying us of your intention to terminate these Payment Cards Terms within fourteen (14) calendar days after the receipt of any amendment, change or modification and after paying the outstanding amount on your Payment Cards.
10.2 If you exercise your right to terminate under Section 10.1 above, you must make payment of all amounts outstanding on the Payment Cards to us and return the Payment Cards to us, if requested.
10.3 We may, at any time, request any documents and/or information from you that we deem necessary to enforce these Payment Cards Terms and/or provide the Payment Cards to you and you shall promptly provide us with such documents and/or information.
10.4 You authorize us to send your and any Supplementary Payment Card cardholders’ data declaration and accounts details to SAMA, banks and any other applicable authorities. You authorize us to obtain and/or disclose to the Saudi Credit Bureau (SIMAH) or any other certified parties by SAMA such information as may be required by us (at our discretion) to prove, review or manage your Wallet Account and the Payment Cards.
10.5 SAR shall be used as a basis for calculating all transactions and charges in respect of the Payment Cards.
10.6 You irrevocably agree that we may subcontract the provision of part, or all of the services provided to you under these Payment Cards Terms to any third party, whether or not that third party operates in another jurisdiction or territory. We shall remain liable to you for any recoverable direct loss or damage incurred as a result of such subcontracting and maintain the confidentiality of any such information to the same extent as we do.
10.7 We shall not be liable for the refusal of any merchant or establishment to accept or honor the Payment Card, nor shall we be responsible in any way for the goods or services supplied to You. You must resolve any such complaints directly with the merchant or establishment. We shall have no responsibility in this respect. No claim by you against the merchant or establishment may be the subject of a claim against Us. We will credit your Payment Card with the amount of any refund only upon receipt of a properly issued credit voucher from the merchant establishment.
10.8 You must notify our support center in writing as soon as possible of any changes in your address and/or telephone numbers of office, residence and/or mobile. Failure to do so will relieve us from any further liability with regards to official correspondence.
10.9 You authorize us to rely upon and act in accordance with any notice, instruction, demand or other communication which may from time to time be, or purport to be, given by telephone, facsimile or other means by you or on your behalf (the “Instructions”) without any enquiry on our part including, without prejudice to the generality of the foregoing, as to the authority or identity of the person giving or purporting to give the Instructions and regardless of the circumstances prevailing at the time of receipt of the Instructions.
10.10 We shall be entitled to treat the Instructions as fully authorized by and binding upon you, and we shall be entitled to take such steps in connection with or in reliance upon the Instructions as we may consider appropriate, whether the Instructions include Instructions to pay money or otherwise to debit or credit any account, or relate to the disposition of any money, securities or documents, or purport to bind your type of transaction or arrangement whatsoever, regardless of the nature of the transaction or arrangement or the amount of money involved.
10.11 If you have any questions, disputes, or complaints about your Payment Cards, you can contact us by reaching out to our customer service team in accordance with Section 2.2 of the Agreement.
PART TWO
TERMS FOR ENABLING PAYMENT CARDS ON THIRD PARTY PAYMENT PLATFORMS
1. INTRODUCTION
1.1 These Terms for Enabling Payment Cards on Third Party Payment Platforms and Conditions (the “Terms of Use”) apply when you use your Payment Cards to make payments via third party payment platforms and technologies.
1.2 For the purposes of these Terms of Use, the following definitions shall apply:
1.2.1 “Devices” means a smartphone, tablet or smart watch or any other device which is compatible for use with the Third Party Platform (as defined below) and which we determine is eligible for the registration of Payment Cards to be used via such Third Party Platforms;
1.2.2 “Passcode” means the secret code that is required to unlock a Device and/or access to the Third Party Platform on a Device; and
1.2.3 “Third Party Platform” means an online or mobile payment system and/or an electronic wallet service created by a third party provider that enables you to add the credentials of your Payment Cards to make payments for purchases at merchants and payment acceptance portals that accept payment via such platforms.
1.3 In consideration for providing you with access to the Third Party Platform, you agree to be bound by these Terms of Use. You must agree to these Terms of Use in order to use the relevant Third Party Platform through the App. By accepting these Terms of Use along with the Agreement or as prompted via the App, you confirm that you have reviewed, understood and agreed to the Terms of Use, which form a binding legal agreement between you and us.
1.4 The Terms of Use apply in addition to the terms of the Agreement and the Payment Cards Terms.
2. USE OF THIRD-PARTY PLATFORM AND SECURITY
2.1 You are solely responsible for maintaining the physical security of the Device and the confidentiality of:
2.1.1 the Device lock, PIN, Passcode, and other means to access the Third Party Platform;
2.1.2 your Payment Card credentials; and
2.1.3 any other personal and payment information on or for the Device.
2.2 On sharing the Device and/or means of access to the Device with any person, that person may be able to use the Payment Cards and access the personal and payment information available in the Third Party Platform. You are required to keep the Device, the Passcode and the credentials secure in the same manner as you would keep secure cash, cheques, debit or credit cards, and other personal identification numbers and passwords.
2.3 The Agreement and the Payment Cards Terms do not change when you link your Payment Card to the Third Party Platform. The Third Party Platform provides another way for you to make purchases with your Payment Card.
2.4 Any applicable fees, and charges that apply to your Payment Card will also apply when you use the Third Party Platform to access your Payment Card. The Third Party Platform provider and other third parties such as data service providers may levy additional charges on you as specified by them.
2.5 You can link your Payment Cards to the Third Party Platform by following the instructions of the Third Party Platform provider. You may only use Payment Cards that we indicate to you are eligible for use on the Third Party Platform. When you add a Payment Card to the Third Party Platform, the Third Party Platform will allow you to use the Payment Card to make transactions for goods and/or services where the Third Party Platform is accepted as a payment method. You should contact us in accordance with Section 2.2 of the Agreement where you wish to remove your Payment Card from the Third Party Platform. We can also block your Payment Card from use via the Third Party Platform at any time. You hereby agree and undertake to communicate only with our contact center should you have any issue and not to contact any Third Party Platform unless we advise you otherwise in writing.
2.6 In the event of a breach of confidentiality of the Device, you shall be fully and solely responsible for and bear all charges, costs, losses, and damages whatsoever and howsoever arising from such breach. You shall immediately notify us if the Passcode is breached or is disclosed to another person or entity. You should request us to block the Payment Card due to such disclosure or breach.
2.7 In the event of fraud, loss or theft of the Device, you are obliged to immediately notify us. We will arrange to block all Third Party Platform transactions for all Payment Cards. 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 in relation to the Payment Cards.
2.8 We may retain records of your activity in the Third Party Platform, 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 Third Party Platform, 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 our behalf, and therefore, you may be contacted by such third parties on our behalf to service your accounts.
2.9 By registering, adding and using the Payment Cards in the Third Party Platform, you acknowledge that certain Payment Card account information may be transmitted to and stored within your Device with the Third Party Platform provider and/or on the system of a third party working with the Third Party Platform provider, for purposes of the Third Party Platform. You acknowledge that such information may be used by the Third Party Platform provider and/or the third party working with the Third Party Platform provider. We shall not be responsible and have no control over the privacy and security of your personal data and the information provided by you to the Third Party Platform provider which is governed by the privacy policy of and any agreement you may have with the Third Party Platform provider.
3. USE OF THE PAYMENT CARD
3.1 A virtual representation of the Payment Card is licensed, to you for use only in accordance with these Terms of Use. We reserve all rights not expressly granted to you.
3.2 You are granted a non-exclusive, non-sub licensable, non-transferable, personal, limited license to install and use tokens and other credentials associated with the Payment Card to make payments with the Device in the Third Party Platform solely in accordance with the Terms of Use. The license is limited to use on any Device that you own or control and as permitted by any applicable third party agreements.
3.3 You shall not rent, lease, lend, sell, redistribute or sub-license any right to use any Card credentials in the Third Party Platform.
4. THIRD PARTY TERMS
4.1 Your use of the Third Party Platform is subject to third party terms and conditions, and we shall have no responsibility or liability to you under your agreement with that third party. It is your responsibility to read and understand any third party agreements before adding, linking or using the Payment Card through the Third Party Platform.
5. LIABILITY
5.1 Except for liability that cannot be excluded under the laws of the Kingdom of Saudi Arabia, we shall not be liable for any loss which you suffer by using the Third Party Platform unless it is directly caused by our gross negligence and/or willful misconduct.
5.2 We are not the provider of the Third Party Platform, and we are not responsible for providing the Third Party Platform service to You. We are only responsible for supplying information securely to the Third Party Platform provider to allow use of the Payment Cards on the Third Party Platform.
5.3 We are not responsible for any failure of the Third Party Platform or the inability to use the Third Party Platform for any transaction. We are not responsible for the performance or non-performance of the Third Party Platform provider or any other third parties regarding any agreement you enter into with the Third Party Platform provider or any other third party.
5.4 We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services. If there are any issues or questions with a third party product or service, including issues pertaining to the operation of the Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance.
6. AMENDMENT AND TERMINATION OF THESE TERMS OF USE
6.1 We have the right to suspend or terminate your use of the Payment Cards on the Third Party Platform, with immediate effect, if you breach these Terms of Use, the Agreement and/or the Payment Cards Terms.
6.2 We have the right to suspend or terminate your use of the Payment Card on the Third Party Platform under the following circumstances, and will provide you with notice if reasonably practicable:
6.2.1 due to the acts or omissions of the Third Party Platform provider, including suspension of the Third Party Platform, breaches of cardholder data or other security breaches; and
6.2.2 suspension or termination in order for us to comply with applicable law or orders from a competent regulator.
6.3 You do not have the right change these Terms of Use. You can terminate linking your Payment Card to a Third Party Platform at any time by removing or de-linking all Payment Cards from the relevant Third Party Platform. We can support you in doing so if you contact us in accordance with Section 2.2 of the Agreement.
6.4 We may amend these Terms of Use at any time by posting a revised version on our website or the App. We may communicate such changes to you in accordance with Section 2.2 of the Agreement and will do so thirty (30) days in advance of the amendments taking effect. You accept and understand that it is your responsibility to refer to the updated Terms of Use via the App.
PART THREE
TERMS FOR BARQ MARKETPLACE
1. INTRODUCTION
1.1 These terms govern and apply to your access to and purchases made through the Marketplace offered through the App and such other Digital Channels that we make available from time to time (the “Marketplace Consumer Terms”). If you wish to become a Partner and offer products and services on the Marketplace, you will need to register as a Partner by having the applicable account and accepting the corresponding terms.
1.2 These Marketplace Consumer Terms are essentially an extension of the Agreement (along with any other extensions thereto) and are read and interpreted with the Agreement as one document. You should carefully read these Marketplace Consumer Terms. Capitalized terms used in these Marketplace Consumer Terms shall have the meaning ascribed to them in the Agreement unless the context provides otherwise.
1.3 For the purposes of these Marketplace Consumer Terms, the following definitions shall apply in addition to defined terms used in the Agreement:
1.3.1 “Digital Channel” means any website, portal, mobile app and/or other digital channel made available to you by us for the purposes of accessing and using the Marketplace.
1.3.2 “Marketplace” means the marketplace made available by us to you through the App or any other Digital Channels which allows you to view Marketplace Products made available by Partners and make purchases of such Marketplace Products from the Partners.
1.3.3 “Marketplace Products” means all goods, products and/or services, including packaging, made available by Partners in the Marketplace for purchase by you.
1.3.4 “Partner” means the third-party retailer or service provider who is our client offering certain Marketplace Products for you to purchase through the Marketplace.
1.4 In consideration for providing you with access to the Marketplace, you agree to be bound by these Marketplace Consumer Terms. You must agree to these Marketplace Consumer Terms in order to use the Marketplace through the Digital Channels. By accepting these Marketplace Consumer Terms, you confirm reviewing, understanding and agreeing to these Marketplace Consumer Terms.
2. ACCESS TO MARKETPLACE
2.1 You can access the Marketplace through the App, or such other Digital Channel as we may make available from time to time. Upon accessing the Marketplace, you may be routed to an external site hosted and maintained by us.
2.2 We provide the Marketplace for you to negotiate and complete transactions concerning Marketplace Products with Partners, and we allow Partners to list and sell Marketplace Products through the Marketplace. While we help facilitating transactions that are carried out in the Marketplace, we are neither the buyer nor the seller of any Marketplace Products. Accordingly, the sale and purchase contract formed at the completion of a sale for Marketplace Products is solely between you and the Partners. We are not a party to such sale contract nor does it assume any responsibility or liability arising out of or in connection with such contract. We do not act as the agent of the Partners.
2.3 By using the Marketplace, you understand and accept that:
2.3.1 Partners are independent from us;
2.3.2 Partners are solely responsible for their respective Marketplace Products and have separate terms which apply to the sale (including but not limited to, return policy) and use of the Marketplace Products, and it is your responsibility to check the Special Terms of Sale and Use in relation to the barq Marketplace to ensure that you have read and understood them;
2.3.3 your use of any Marketplace Products is at your own risk and that we limit its liability to you in these Marketplace Consumer Terms in respect to your purchase, return and use of such Marketplace Products; and
2.3.4 the content, and the availability of Marketplace Products, should not be construed as any form of:
(a) advice, recommendation, endorsement or solicitation; or
(b) representation, warranty or guarantee that the Marketplace Products are appropriate or suitable for you.
3. PAYMENTS ON MARKETPLACE
3.1 Upon you selecting the “Pay Now” tab on the Marketplace, you will be confirming the completion of the purchase of the selected Marketplace Products, thus entering into a complete sale contract with the relevant Partner(s) of the purchased Marketplace Products. Pursuant to such selection, you authorise us to automatically debit your Wallet Account for the full purchase amount of the purchased Marketplace Products, in addition to any Tax and charges, and to settle the corresponding amounts due to the Partners of the Marketplace Products, without requiring us to make any further authentication or enquiry, and all such debits will constitute your liability.
3.2 We may make other payment options available via the Marketplace, including but not limited to, payments through Payment Cards, third party payment platforms, and consumer financing providers. If you choose such other payment options (if any), selecting the “Pay Now” tab on the payment confirmation screen of the Marketplace will be regarded as evidence that the transaction is authorised by you without requiring us to make any further confirmations or notifications.
3.3 Payments for any transactions in the Marketplace will be subject to the Agreement and so, a payment may be impacted by cut-off times. We shall not bear any responsibility for any delay or failure in the execution of a transaction on the Marketplace.
3.4 We may at its discretion refuse to execute a Marketplace transaction, including but not limited to, in the event (a) you have not authorised the transaction adequately; (b) executing the concerned transaction prevents us from complying with the applicable laws and regulations and the instructions of any competent regulator or other circumstances beyond our reasonable control; (c) you have not have sufficient cleared and available funds in the Wallet Account to meet the payment obligation concerned and all applicable charges; or (d) you have not provided us with all required information or you have not followed all the instructions relayed via the Digital Channels to enable us to execute the Marketplace transaction.
4. OUR LIABILITY
4.1 We will do our best to ensure that availability of the Marketplace will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be and is not guaranteed. Also, your access to the Marketplace may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4.2 To the fullest extent permitted by law, we will not be responsible for any indirect or consequential loss that were not foreseeable to either you or us when your use of the Marketplace commenced. Additionally, we will not be liable to you, to the fullest extent permitted by law, for: (a) losses if you are unable to access the Marketplace, Marketplace Products and/or its content; (b) if the device that you use to access the Marketplace, Marketplace Products and/or content does not work properly; (c) any loss or damage arising out of you use of, or inability to use, the Marketplace, Marketplace Products and/or content; (d) any loss or damage arising out of material, web-links, opinions or any other information made available by third parties, including Partners, to you via the Marketplace; (e) where you have been fraudulent or careless or where you have breached these Marketplace Consumer Terms; and (f) any business loss (including, but not limited to, loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).
4.3 We will not be held responsible for any delay or failure to comply with its obligations under these Marketplace Consumer Terms if the delay or failure arises from any cause which is beyond our reasonable control.
5. INTELLECTUAL PROPERTY AND CONtent
5.1 All Marketplace content including, but not limited to, texts, graphic designs, logos, buttons icons, codes, audio tracks, and digital content (including all Intellectual Property Rights contained therein) in the Marketplace are our sole ownership and/or the Partners (as applicable) and no ownership rights will be granted to you by your use or access to the Marketplace.
5.2 In accessing the Marketplace, you shall not:
5.2.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Marketplace;
5.2.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Marketplace;
5.2.3 do anything that would negatively impact any other user of the Marketplace;
5.2.4 access all or any part of the Marketplace in order to build a product or service which competes with the Marketplace in any illegal manner; and
5.2.5 allow any third party to access the Marketplace through your Wallet Account.
If you breach the terms of this section, we reserve the right to suspend your access to the Marketplace immediately.
5.3 You may post reviews, comments, and other content, send communications and submit suggestions, ideas, comments, questions, or other information in the Marketplace, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringes Intellectual Property Rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. If you breach the terms of this section, we reserve the right to suspend your access to the Marketplace immediately.
5.4 We may delete from the Marketplace any content that, in our sole view, violates any applicable laws or regulations of the Kingdom of Saudi Arabia.
6. GENERAL
6.1 The Partner is responsible for the sale of the Marketplace Products and for dealing with any claims that you may have or any other issue arising out of or in connection with the contract between you and the Partner. You should contact the Partner directly if you wish to make any claims or complaints in respect of the Marketplace Products that the Partner has provided to you. For any assistance, you can always contact our customer service team in accordance with Section 2.2 of the Agreement for guidance.
6.2 In the event of any dispute relating to the Marketplace and these Marketplace Consumer Terms that is not amicably resolved, you may always refer the dispute to the competent courts in Riyadh, Kingdom of Saudi Arabia.
6.3 All other aspects not addressed under these Marketplace Consumer Terms will be governed by the Agreement.
PART FOUR
CUSTOMER REWARDS PROGRAMS TERMS AND CONDITIONS
1. INTRODUCTION
1.1 Pursuant to Section 14 of the Agreement, we may, from time to time, at our sole discretion, announce and offer customer rewards programs (each, a “Rewards Program”). These terms and conditions and the specific terms and conditions of each Rewards Program that we may announce and offer via the App or any other communication methods as per the Agreement from time to time (“Rewards Terms and Conditions”) are supplemental to the terms of the Agreement and shall constitute an integral part thereof.
1.2 To enrol and participate in any Rewards Program, you must agree and consent to the Rewards Terms and Conditions. By accepting the Rewards Terms and Conditions along with the Agreement, you confirm that you have read, reviewed, understood and agreed to the Rewards Terms and Conditions, which become binding upon you and us.
2. ELIGIBILITY AND PARTICIPATION
2.1 We have the sole discretion to determine if you are eligible to enrol and participate in any Rewards Program. We may refuse your enrolment and participation in any Rewards Program without having to provide you with a prior notice. We may also set specific conditions of eligibility and participation to any Rewards Program and provide temporary or limited access to a certain Rewards Program based on your eligibility status and our risk Policies.
2.2 We reserve the right to change your eligibility status at any time. This could include suspending or cancelling your access to a Rewards Program if you no longer meet the eligibility criteria.
2.3 We may request additional information or documentation to verify your eligibility for any Rewards Program. Failure to provide the requested information may result in denying or terminating your participation.
3. REWARDS
3.1 Rewards Programs that we may offer are continuously developing and may include, among others:
3.1.1 Gaming Program;
3.1.2 Referral Program;
3.1.3 Loyalty Program; or
3.1.4 other Programs which we may announce from time to time via the App or any other communication methods as per the Agreement.
3.2 Each Rewards Program has its own set of rules, rewards, and conditions, which are clearly outlined in the Rewards Program announcement on the App or via any other communication methods as per the Agreement. These details may include but are not limited to the duration of the Rewards Program, the actions required to earn rewards, the types of rewards available, and any limits on the number of rewards that can be earned by you. We reserve the right to add new Rewards Program, suspend any Rewards Program, or terminate any Rewards Program at any time subject to applicable laws. We may also adjust any Rewards Program and their respective rules at any time subject to applicable laws.
3.3 Rewards earned by you through participation in a Rewards Program are distributed in accordance with the rules specified in the Rewards Program announcement on the App or through any other communication from us as per the communication methods outline in the Agreement. If a reward earned by you through participation in a Rewards Program becomes unavailable for any reason not specified in the Rewards Terms and Conditions, we reserve the right, but are not obligated, to substitute such reward with another reward of equal or greater value.
3.4 The availability of rewards can change at any time, and we do not guarantee the availability, duration or value of any specific reward. If we provide you with limited access to a Rewards Program with full access dependent on meeting specific conditions, and such specific conditions are not met, we reserve the right to limit or withdraw any rewards that might have been credited to you if the specific conditions had been met.
3.5 You may win cashback, cash reward, or loyalty points instantly credited to the Current Balance of your Wallet Account, if your Wallet Account is valid and active. The rewards you earn are shown on your statement available through the App, unless otherwise announced in the applicable set of rules, rewards and conditions of a Rewards Program.
3.6 Rewards earned are not transferable by operation of law or otherwise to any other person or entity. We reserve the right not to credit your Current Balance of your Wallet Account with rewards if you misuse your Wallet Account.
3.7 By enrolling and participating in any Rewards Program, you acknowledge and agree to the following:
3.7.1 the existence or availability of a Rewards Program does not guarantee that such Rewards Program are available to you, or that you are eligible to participate in that Rewards Program;
3.7.2 the existence or availability of a Rewards Program does not guarantee that any Rewards Program or its content are free from defects and errors;
3.7.3 the existence or availability of a Rewards Program and your participation in a Rewards Program does not guarantee that any reward is available. If rewards are available, they may be symbolic and may not have monetary or similar value;
3.7.4 rewards are subject to change and may have an expiration date. We may modify or terminate any Rewards Program at our sole discretion.
3.8 We may amend the terms of this section or remove your ability to enrol in the Rewards Program and earn rewards at any time. We will inform you if we do this, in accordance with the communication methods as per the Agreement.
4. GAMING PROGRAM
4.1 We may introduce certain Rewards Program based on multiple types of skill games (“Skill Gaming Program”) and Rewards Program based on non-skill games (“Non-Skill Gaming Program”, and together with the Skill Gaming Program, the “Gaming Program”).
4.2 Each Gaming Program has its own sets of rules, rewards and conditions, as we may announce from time to time via the App or any other communication methods as per the Agreement. We reserve and retain the right to add, adjust or remove any Gaming Program and their respective rules at any time subject to applicable laws.
4.3 Participation in a Gaming Program may require you to achieve certain scores or perform specific actions within the game to earn rewards, as specified by us via the App or any other communication methods as per the Agreement.
4.4 You must engage in fair play and adhere to the rules of each Gaming Program. Any form of cheating, hacking, or exploitation of game mechanics is strictly prohibited and may result in disqualification and forfeiture of rewards.
4.5 We are not responsible for any technical issues, difficulties or interruptions that may affect your participation in Gaming Programs. If you encounter any problems, please contact our customer service team for assistance in accordance with Section 2.2 of the Agreement.
5. REFERRAL PROGRAM
5.1 We may introduce certain Rewards Program based on referrals made by you (“Referral Program”).
5.2 Each Referral Program has its own sets of rules, rewards and conditions, as we may announce from time to time via the App or any other communication methods as per the Agreement. We reserve and retain the right to add, adjust or remove any Referral Program and their respective rules at any time subject to applicable laws.
5.3 To earn rewards through a Referral Program, the person you refer must meet the specified criteria and complete any required actions, such as signing up and making a purchase, as detailed in the Rewards Terms and Conditions and as announced by us via the App or any other communication methods as per the Agreement.
5.4 There may be limits on the number of referrals you can make or the number of rewards you can earn through a Referral Program. These limits will be specified in the Referral Program rules and announced by us via the App or any other communication methods as per the Agreement.
6. LOYALTY PROGRAM
6.1 We may introduce certain Rewards Program whereby you may earn rewards for completing certain actions in our App (“Loyalty Programs”).
6.2 You may earn rewards in the form of points by participating in Loyalty Programs offered by us. We may make such points redeemable or otherwise as announced in the relevant Loyalty Programs’ set of rules or any other communication methods as per the Agreement. To redeem offers and rewards, you must accumulate the minimum number of points established by us for a particular benefit. Points expire three (3) years from the date they are earned, subject to any potential extension offers that we may offer from time to time. We reserve the right to change the expiry date of the points earned by you having to provide you with prior notice.
6.3 If your Wallet Account is inactive for six (6) months, any accumulated points are forfeited, subject to any potential extension offers that we may offer from time to time. We reserve the right to forfeit all, or part of the points earned by you if a fraudulent activity made by you is detected or suspected.
6.4 Points accumulation rates vary by purchase type and are specified by us via the App or any other communication methods as per the Agreement. Certain items may be excluded from earning points, as determined by us and specified in the relevant Loyalty Program rules.
6.5 Points are typically credited to your Wallet Account within three (3) business days from the date of earning Points. If there are any discrepancies, please contact our customer service team for assistance in accordance with Section 2.2 of the Agreement.
6.6 We are not responsible for points lost or redeemed due to fraudulent activity by you or any third party. It is your responsibility to ensure the security of your account information to prevent unauthorised access.
6.7 Rewards cannot be exchanged or returned for another product or service, or a monetary refund. All redemptions are final.
6.8 You may have the option to redeem points across a range of products, either within the App or externally, as determined by us, via the App or any other communication methods as per the Agreement, for each Loyalty Program. Any attempted transfer, brokerage, barter, sale, or transaction of points will be automatically void and result in termination of your participation in Loyalty Programs and forfeiture of any unredeemed rewards. Points are not your property and are not transferable to anyone by operation of law or otherwise. Points may not be transferred between accounts issued by us or upon death or as part of any legal proceedings.
6.9 Earn and Burn opportunities for points will be communicated to you in advance.
6.10 You must provide any document and information requested by us to redeem points. You are responsible to ensure that all your personal information is correct and up-to-date, and we reserve the right to block redemptions if your information is inaccurate or incomplete.
6.11 The accumulation of points does not entitle you to any vested rights, and we do not guarantee in any way the continued availability of any type of redemption. We assume no liability to you in regard to the addition or deletion of products or services from or for which points can be collected and/or redeemed.
7. REWARDS PROGRAM CHANGES OR CANCELLATION
7.1 We reserve the right to restrict, suspend, modify or terminate the Rewards Program or any functionality or configuration of the Rewards Program at any time without having to provide you with prior notice, even though such changes may affect the value of rewards already accumulated or earned and/or your ability to redeem accumulated rewards or benefits. Any changes to a Rewards Program are effective immediately upon informing you of the updated Rewards Program details via the App or any other communication methods as per the Agreement. If you do not agree with any changes we make to a Rewards Program, you must stop participating. If you continue to participate in the Rewards Program after such modifications, you are deemed to have accepted the changes we made to the Rewards Program.
7.2 If we decide to cancel a Rewards Program, our decision is considered final, conclusive and binding on you. If a Rewards Program is changed or ended, any rewards you have not used by that time might be lost. We are not responsible for any loss or reduction in the value of your rewards due to these changes.
7.3 We may send notifications through the App, via email, or by way of other communication methods. However, you should check the App regularly to stay updated.
8. FRAUD PREVENTION
8.1 We have the right to audit all activities related to any Rewards Program. Any fraudulent, abusive or suspicious activity, as determined at our sole discretion, including but not limited to creating multiple accounts to earn rewards, may result in disqualification from the Rewards Program and may lead to the suspension or termination of your account and forfeiture of all rewards earned.
8.2 If you observe any suspicious activity or believe that your account has been compromised, please contact our customer service team immediately in accordance with Section 2.2 of the Agreement. We will investigate and take the appropriate action as necessary.
9. LIMITATION OF LIABILITY AND INDEMNIFICATION
9.1 We are not liable for any loss or damage incurred as a result of your participation in the Rewards Program, including but not limited to loss of rewards, points or prizes.
9.2 We are not responsible for any incorrect or inaccurate information, whether caused by you or by any equipment or programming associated with or utilised in the Rewards Program, or by any technical error that may occur in the processing of the Rewards Program.
9.3 By participating in the Rewards Program, you release us from any and all liability for any loss, theft, damage caused or claimed to be caused by your participation in the Rewards Program or your possession, use or misuse of any reward.
9.4 You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your participation in the Rewards Program in violation of any law, rule, regulation or these Rewards Terms and Conditions.
10. GENERAL CONDITIONS
10.1 We are not liable for any third-party products or services that may be offered or redeemed through any Rewards Program. Any issues or disputes regarding third party products or services must be addressed directly with the relevant third party.
10.2 If any provision or part of a provision of these Rewards Terms and Conditions is deemed unlawful, void or unenforceable for any reason, that provision or part of the provision will be deemed severable from these Rewards Terms and Conditions and does not affect the validity and enforceability of any of the remaining provisions.
10.3 We reserve the right to disqualify you if you violate these Rewards Terms and Conditions, the terms of the Agreement or any applicable laws.
10.4 These Rewards Terms and Conditions and the Agreement constitute the entire agreement between you and us with respect to any Rewards Program.
10.5 Additional terms and conditions specific to each Rewards Program may apply and will be communicated to you as part of the Rewards Program announcement via the App or any other communication methods as per the Agreement. If there is a conflict between any terms set forth in these Rewards Terms and Conditions and via the App or any other communication methods as per the Agreement, the terms set forth via the App or any other communication methods as per the Agreement for each Rewards Program will prevail.