Terms and Conditions

1.1 These Mobily Pay Digital Wallet Services Terms and Conditions (including all Schedules and Policies) (together, referred to as the “Agreement”), shall apply when you register for a Wallet Account or use any of the Mobily Pay Wallet Services.

1.2 In this Agreement, “you”, “your” and “their” refer to you as the user of the Mobily Pay Wallet Services and “Mobily Pay”, “we,” “us,” or “our,” refer to Etihad Digital Financial Company, the provider of the Mobily Pay Wallet Services. Further information regarding Mobily Pay is set out in section 2.

1.3 Agreement start date This Agreement will take effect from the date that you register for a Wallet Account and indicate acceptance of the Agreement pursuant to these terms. The Agreement will continue unless and until you or we end the Agreement in accordance with the provisions of section ‎13.

1.4 Why you should read this Agreement This Agreement tells you more about Mobily Pay and the Mobily Pay Wallet Services, how you and we may change or end this Agreement, what to do if there is a problem and other important information.

2.1 The Mobily Pay wallet is managed by Ittihad Digital Financial Company, a closed joint-stock company with a capital of SAR 98,200,000. Commercial Registration Number 7015861680, located at 7633 Engineer Musaad Al Anqari Street, Sulaymaniyah District, Unit No. 124, Riyadh 12245-3006, Kingdom of Saudi Arabia. The company is licensed under number 17/1443 and is regulated and supervised by the Saudi Central Bank.

2.2 You can contact our customer support team by phone at 0800 100 800, by email at MobilyPayCare@Mobily.com.sa, through our X page at https://x.com/MobilyPay, or via our website: MobilyPay.com.sa.

2.3 We may contact you by telephone, email, SMS or other method in our discretion.

2.4 Please note that we are authorised and regulated by SAMA. SAMA is the financial supervisory authority of the Kingdom of Saudi Arabia. We are also subject to the SAMA Guidelines which regulate our activities and provision of services, our rights and obligations to our customers and other important aspects of our relationship with you. Further information about SAMA can be obtained on its website, www.sama.gov.sa.

3.1 This Agreement sets out the terms on which Mobily Pay enables you to register for a Wallet Account and use any of the Mobily Pay Wallet Services. Unless otherwise defined in the body of this Agreement, any capitalised terms used in this Agreement shall have the meaning given to them in Schedule 1. Unless otherwise defined in this agreement.

3.2 A copy of the Agreement, as amended from time to time, is available to you via the App. This Agreement forms a legally binding contract between you and Mobily Pay. You can choose to have this Agreement provided to you in Arabic or in English and your relationship with us will be governed by the language version of the Agreement that you select.

3.3 Your eligibility You may not use any Services and this Agreement will not be effective if:

(a) You are a person barred from receiving the Mobily Pay Wallet Services or not permitted to make or receive payments relating to the Mobily Pay Wallet Services under Applicable Laws in the Kingdom of Saudi Arabia;

(b) You are not at least 18 years old and able to form a legally binding contract with us; or

(c) Your Agreement is terminated or the provision of your Wallet Account and/or the Mobily Pay Wallet Services have been put on hold in accordance with the terms of this Agreement.

(d) If your age between 15 and 18 has the right to open an account and benefit from the wallet’s services, subject to the approval of his guardian and an acknowledgment of discharging the company, and he is responsible for using the account

If you do not meet these eligibility requirements you may not use the Mobily Pay Wallet Services and may not accept this Agreement.

3.4 When accessing the App and/or using the Mobily Pay Wallet Services, you agree that you will comply with all Mobily Pay’s Policies.

3.5 Identification verification and anti-money laundering and credit checks We may require you to provide information to verify your identity or for us to carry out anti-money laundering and credit checks as a condition of providing the Mobily Pay Wallet Services to you or before we permit you to make payments or receive or redeem funds from your Wallet Account. We may also 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. Whilst we will take steps to verify the identity of our users, we cannot and do not guarantee any user identity.

3.6 Credentials Your mobile telephone number, biometric information or a passcode that you select will be used to access the App and for communications with you  “and/or 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 and should not disclose your Credentials to any third party. Mobily Pay employees will never ask for your credentials when communicating with you. If any of your Credentials are 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 the Mobily Pay Wallet Services to avoid unauthorized transactions. 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 (a) you have acted fraudulently or negligently; or (b) you did not take reasonable steps to keep your Credentials safe and secure. You must notify us through the methods described in section ‎2.2 above if you wish to request us to unblock your Wallet Account after any issues with the security of your Credentials has been resolved.

3.7 You acknowledge and agree that we may establish general practices and limits concerning the use of the Mobily Pay 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 or any Policies, (c) any dispute exists involving your Wallet Account or transaction conducted in connection therewith, or (d) needed to protect the security of our systems.

3.8 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 Applicable Laws or if 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.

3.9 Mobily Pay may change or suspend the provision of Mobily Pay Wallet Services, in whole or in part, as necessary to perform maintenance or updates to any of the Mobily Pay Wallet Services, or where Mobily Pay has any concerns about the manner in which you use such Mobily Pay Wallet Services.

3.10 Mobily Pay will send you marketing and promotional messages via the App from time to time and by accepting this Agreement you hereby consent to receiving such marketing communications. You may withdraw your consent at any time if you wish to stop receiving marketing and promotional messages. To do this, please let us know using the contact details specified in section ‎2.2 above.

4.1 To use the Mobily Pay Wallet Services, you must complete all required information elements on our registration process and open up a Wallet Account with us. 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 Mobily Pay Wallet Services will be limited. To use all the functions of the App, you must be connected to the internet.

4.2 Registration information All information that you provide during the registration process must be current, complete and accurate. You must update registration information promptly upon any changes so that it remains complete and accurate at all times. You agree to promptly provide any information or documents that we may require (for example, to verify your identity) or that may be required by Applicable Laws, any competent regulatory authority or other financial institutions to provide the Mobily Pay Wallet Services.

4.3 Specifications You will comply with any technical and operational specifications provided or made available by us with respect to the Mobily Pay Wallet Services (the “Specifications”). We will provide you with thirty (30) days prior notice of any changes to the Specifications and the terms of section ‎19.3 below shall apply.

4.4 Devices You will need an eligible Device in order to use the Mobily Pay Wallet Services. You can request a list of eligible Devices by contacting us using one of the methods set out in section 2.2 above. Devices that have been unlocked in an unauthorised fashion or otherwise modified may not be eligible to use the Mobily Pay Wallet Services.

5.1 How to use your wallet account: Based on internal risk assessment or the classification of your wallet, you may be able to use your account for some or all of the following transactions:

(a) top-up your Wallet Account by transferring funds from your bank account, debit card or credit card, approved third party payment platforms (for example, Apple Pay, ATM), or such other valid funding instruments as we may agree to from time to time (see section ‎6 below);

(b) transfer funds from your Available Balance to bank accounts held in the name of a third party (including third parties located outside of the Kingdom of Saudi Arabia) (see section ‎7 below);

(c) authorize payments to merchants and third party suppliers (see section ‎8 below);

(d) Send International Remittances (see section ‎10 below);

(e) 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;

(f) access the SADAD Payment System to pay bills;

(g) access and use Mobily Payments which allows existing Mobily customers to pay bills with Mobily Pay directly either by post-paid or prepaid recharge;

(h) make wallet to wallet transfers; and

(i) receive a payment card in accordance with the Mobily Pay Payment Card Terms and Conditions.

(j) You can inquire about the services that apply to you or those that do not before registering or opening your wallet by contacting us via email or social media using the methods mentioned in section 2-2 above.

5.2 If you wish to cash-in or cash-out from your Wallet Account, you may do this through one of the valid funding instruments detailed in section ‎5.1(a) above, or such other valid funding instrument as we may determine from time to time. The funding instrument must be associated with a billing address in the Kingdom of Saudi Arabia.

5.3 We treat all activities in respect of a Wallet Account to be yours. You must only use the Mobily Pay Wallet Services to transact on your own account and not on behalf of any other person or entity.

5.4 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.

5.5 You acknowledge and agree that we may stop providing the Mobily Pay Wallet Services to you as provided in the Agreement. You may stop using the Mobily Pay Wallet Services at any time. Further details on how you or we may bring this Agreement to an end are set out in section ‎13 below.

5.6 If you are qualified and want to open a sub-account for one of your dependents under the age of 15, the responsibility for the account will fall entirely on you and this account will be part of your main wallet account.

Your Payment Logs

5.7 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 amounts, the fees, charges and commissions, the dates and times of execution and the reference numbers for each transaction.

5.8 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.

Prohibited Payments

5.9 We reserve the right to impose acceptable use terms in relation to the operation of your Wallet Account and the provision of any Mobily Pay Wallet Services including the prohibition of certain categories of transactions. For example, payments:

(a) for illegal purposes (for example, committing fraud);

(b) that might harm our ability to provide our Services;

(c) made to abuse, exploit or get around any usage restrictions set by a service provider your Wallet Account is registered with. For example, you must only use one Wallet Account for any particular service provider that offers a free subscription or trial period; or

(d) to trade in foreign currencies for speculative purposes (that is, to take advantage of any expected rise or fall in the value of a currency) or to take advantage of discrepancies in the foreign exchange market.

5.10 If you conduct or attempt to conduct any transaction in violation of these prohibitions we reserve the right (at our sole discretion) to (a) reverse the transaction, (b) close or suspend your Wallet Account, (c) report the transaction to the relevant law enforcement agency and/or (d) claim damages from you.

When we may refuse or delay your transactions

5.11 We may refuse to execute any transactions or orders or other use of the Mobily Pay Wallet Services if we have reasonable grounds to suspect fraud, a breach of the Agreement or Policies by you or a violation of law. Transactions may also be delayed due to our or a third party’s compliance with obligations under applicable anti-money laundering legislation, including if we or the relevant third party suspect a transaction involves fraud. In the event that we refuse to execute a transaction or order or other use of the Mobily Pay Wallet 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.

6.1 This section applies whenever you elect to top-up your Wallet Account or receive any payments.

6.2 You can save a bank card to your Wallet Account and use this saved bank card to add specific amounts of money to top-up your Wallet Account. You are responsible for ensuring that your saved bank card details are correct.

6.3 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.

6.4 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.

6.5 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.

6.6 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.

6.7 It is your responsibility to ensure that accurate, complete and correct references are ascribed for each incoming payment you make into your Wallet Account so that we can credit the funds into your Wallet Account. If no reference or an incorrect reference is provided, then we will not be able to credit 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 Account.

6.8 We will provide you, after the execution of a payment credited to you, with the following confirmation information: (a) a reference to enable you to identify the payment transaction and where appropriate the payer and any information transferred with the payment transaction, (b) the amount of the payment transaction in the currency in which the funds are at your disposal; (c) the amount of fees or charges for the payment transaction payable by you; (d) the exchange rate used in the payment transaction by us; and (e) the date on which the payment transaction was credited to your account.

7.1 This section applies whenever you elect to make a payment from your Wallet Account.

7.2 We will consider any instruction for a payment transaction to have been authorised by you once you have given us permission to carry it out by following the on-screen prompts when using the App.

7.3 Sending payments from your Wallet Account means either making payments from your Wallet Account to third party beneficiaries, instructing funds in your Wallet Account to be transferred to another account in your name with a third party or withdrawing funds in cash.

7.4 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.

7.5 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 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 attempt to claim repayment of the funds at no extra cost.

7.6 You are required to provide us with any additional information that we request relating to a payment within 14 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.

7.7 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 by you.

7.8 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.

7.9 After the receipt of a payment instruction, we will provide you with: (a) a confirmation of the successful or unsuccessful initiation and execution of the payment instruction, (b) a reference number to track the status of the payment instruction, (c) 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 (d) 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.

7.10 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 using the contact details set out at section ‎2.2 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.

8.1 This section applies whenever you elect to make a payment to a merchant using your Mobily Pay Payment Card linked to your Wallet Account.

8.2 The Mobily Pay Wallet Services permit you to authorize payments to merchants and service providers directly. The actual payment will not be completed until the merchant or service provider processes your payment authorization with us. If a merchant or service provider delays processing your authorisation then such payment authorization will be held with us until the transaction is completed.

8.3 You may preauthorize merchants or billers to charge your selected payment method using Recurring Payment, Multiple Payment or Split Payment using the on-screen prompts in the App. 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 via the App unless the Recurring Payment or Multiple Payment is on your Mobily Pay Payment Card (in which case you must contact the relevant merchant direct to cancel). If you need any assistance by contacting our Customer Support Team using the details set out in section ‎2.2. The charges applied by a merchant for a Split Payment may not exceed the full amount of the order you agreed to pay. A merchant or service provider will only ever be paid the amount you confirm in the App, and the merchant or service provider cannot collect any other payments without your authorisation.

8.4 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. 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.

8.5 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 Wallet 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.

9.1 Upon setting up your valid and active Wallet Account, you may request that Mobily Pay issues you with a payment card for your Wallet Account. Mobily Pay has a number of different payment cards available and you may choose the card(s) most suitable for your requirements by requesting the card on the Card Page via the App.

9.2 Your use of any Mobily Pay Payment Card shall be governed by the Payment Card Terms set out at Schedule 3.

10.1 The provisions of Schedule 2 apply whenever you elect to transfer funds from your Available Balance through International Remittances.

11.1 If you wish to make a complaint about the Mobily Pay Wallet Services you can make a complaint by notifying our Customer Support Team as per section 2.2 above. As per our obligations under the SAMA Guidelines, we always ensure that all complaints are handled and addressed in a fair and timely manner. We will communicate with you in either English or Arabic based on the language you have used to communicate with us. We will respond to you with a decision regarding your complaint within ten (10) calendar days from the date we receive the complaint.

12.1 You agree to pay all applicable fees whenever you use the Mobily Pay Wallet Services either directly with us or our Affiliates. We will notify you of the applicable fees from time to time but prior to you authorising a payment transaction. If you send any International Remittances, you will also be responsible for any associated fees and charges in accordance with Schedule 2 of this Agreement.

12.2 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 electronic money and all fees, charges, and payments collected or paid through the Mobily Pay Wallet Services are denominated in SAR. All changes to fees will be notified by Mobily Pay to you via email or the App, as Mobily Pay may determine at its sole discretion and in accordance with the terms of section ‎19.3 by giving you at least thirty (30) days’ prior notice.

12.3 To the extent permitted by Applicable Laws, if there are any outstanding amounts payable to us, you hereby authorise us to automatically deduct from your Wallet Account the outstanding amount of any fees or other sums you may owe us under this Agreement. If you owe us an amount that exceeds the Current Balance on your Wallet Account, we may charge or debit the funding instrument or you will pay us the full amount of the outstanding upon receipt of an invoice from us for such amounts. You will be liable for and pay us upon invoice all costs associated with collection in addition to the amount collected.

12.4 In the event there is an error in the processing of any transaction, you authorise 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.

12.5 You are responsible for determining any and all Taxes and 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 Mobily Pay 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. 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.

12.6 Cards Fees:

(a) Cards Issuance:

i. Classic Card annual fee: Free

ii. Platinum Card annual fee: As shown in the table of Mobily Pay (mobilypay.com.sa)

iii. Signature Card annual fee: As shown in the table of Mobily Pay (mobilypay.com.sa)

(b) Dispute:

(c) In case reported a wrong card transaction objection, the objection fee will be 50 riyals + 15% VAT

(d) International transaction:

 

(i) International transaction fee on the Classic Card: 2.75% For example:

Purchase Amount	Exchange Rate	Amount SAR	Foreign currency Fee	Total Amount
USD 100	SAR 3.75	SAR 375	375 SAR x 2.75 % = 10.31 SAR	SAR 385.31

 

(ii) International transaction fee on the Platinum Card: 1.99% For example:

 

Purchase Amount	Exchange Rate	Amount SAR	Foreign currency Fee	Total Amount
USD 100	SAR 3.75	SAR 375	375 SAR x 1.99 % = 7.46 SAR	SAR 382.46

 

(iii) International transaction fee on the Signature Card: 1.99% For example:

Purchase Amount	Exchange Rate	Amount SAR	Foreign currency Fee	Total Amount
USD 100	SAR 3.75	SAR 375	375 SAR x 1.99% = 7.46 SAR	SAR 382.46

 

 

13.1 This Agreement will commence on the date on which it becomes effective pursuant to the terms above and, will continue until terminated in accordance with this section ‎13.

13.2 You may terminate this Agreement at any time by contacting our Customer Support Team as per Section 2.2 above and closing your Wallet Account. Following closure of your Wallet Account, any pending transactions will be settled.

13.3 We reserve the right to refuse to provide or discontinue the Mobily Pay Wallet Services (in whole or in part) to any person or entity at any time for any reason permitted under Applicable Laws.

13.4 We may terminate the Mobily Pay Wallet Services (in whole or in part) and this Agreement, for any reason at any time by providing prior written notice to you. Without limiting the foregoing, we may also suspend the Mobily Pay Wallet Services (in whole or in part) and block access to your Wallet Account in accordance with section ‎14.

13.5 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 your redemption request within one (1) calendar month of receipt of your request. We will do our best to provide redemption of the funds on your Wallet Account by the method you have chosen; however, we retain a discretion to determine the method to be used based on the amount of funds that you hold.

13.6 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 Mobily Pay Wallet Services, or in connection with any termination or suspension of the Mobily Pay Wallet Services. 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 before the date of termination with respect to the Mobily Pay Wallet Service, and (b) your access to the App will be terminated.

13.7 Any payment obligations under this Agreement that have been incurred before the date of termination and any other terms which by their nature are intended to survive the termination of this Agreement, shall survive and remain in effect upon the termination of this Agreement.

14.1 We may suspend the Mobily Pay Wallet Services (in whole or in part) 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);

(d) we reasonably suspect that you are engaging in fraudulent or illegal conduct;

(e) we have security concerns regarding your Wallet Account, including your Credentials; or

(f) 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.

15.1 We use your personal data in the manner set out in our Privacy Policy and as further described in this Agreement. Our Privacy Policy https://mobilypay.sa/privacy-policy/ is available in the App.

15.2 By using the Mobily Pay Wallet Service and the App, you consent to the collection and use of your personal data in the manner set out in the Privacy Policy.

15.3 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.

15.4 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: (a) required to do so by Applicable Laws, by SAMA or other competent authority in the Kingdom of Saudi Arabia, (b) the disclosure is made with your prior written consent, (c) we have another lawful reason for doing so.

15.5 We will have in place and maintain adequate policies, procedures and controls, as well as employee awareness training, to protect your personal data and to identify, act to prevent and resolve any information security breaches.

16.1 Each party represents and warrants that it has full power and authority to enter into the Agreement.

16.2 You warrant and represent to us that:

(a) you are eligible to register and use the Mobily Pay Wallet Services and have the right, power, and ability to enter into and perform under this Agreement;

(b) the name identified by you when you registered is your name;

(c) any sales transaction submitted by you will represent a bona fide sale by you as described on the App;

(d) you will only use the Mobily PayWallet Services 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 Applicable Laws, including any applicable tax laws and regulations;

(f) you will not use the Mobily Pay Wallet Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Mobily Pay 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 US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

16.3 You further warrant and represent that, in accessing the App and the Mobily Pay Wallet Service, you shall not:

(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App or the Mobily Pay Wallet Service;

(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App or the Mobily Pay Wallet Service;

(c) do anything that would negatively impact any other user of the App or the Mobily Pay Wallet Service;

(d) access all or any part of the App or the Mobily Pay Wallet Service in order to build a product or service which competes with any of the foregoing; or

(e) allow any third party to use your Credentials to access the App or the Mobily Pay Wallet Service.

16.4 We and our Affiliates (and their licensors) make no express warranties or representations with respect to the provision of the Mobily Pay Wallet Services. In particular, we, and our Affiliates (and their licensors) do not represent or warrant to you that your use of the Mobily Pay Wallet Services will meet your requirements or that the operation of the Services will be uninterrupted, virus-free, secure or error-free or that any information obtained by you as a result of your use of the Services will be accurate or reliable.

16.5 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Mobily Pay Wallet Services except to the extent that they are expressly set out in this Agreement.

17.1 Nothing in the Agreement will exclude or limit either party’s liability for fraud, fraudulent misrepresentation or any other liability which may not be lawfully excluded or limited by Applicable Law.

17.2 Subject to section ‎17.1 above, we, and our Affiliates (and its licensors), will not be liable to you for any:

(a) economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings);

(b) cost of substitute services;

(c) loss of goodwill or reputation; or

(d) special, indirect or consequential losses,

suffered or incurred by you arising out of or in connection with this Agreement, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement.

17.3 Subject to section ‎17.1, our total liability arising out of or in connection with this Agreement will be limited to the greater of: (i) an amount equal to Fees paid and/or payable by you for the preceding twelve (12) month period of the year in which the cause of action giving rise to the liability arose, or such prorated amount if the Mobily Pay Wallet Services have been provided for a period less that twelve (12) calendar months; and (ii) five hundred Saudi Riyals (SAR 500).

17.4 Subject to section ‎17.1 above, Mobily Pay and our Affiliates (and their 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 Mobily Pay Wallet Services or the App, or any permanent or temporary cessation or suspension in the provision of the Mobily Pay Wallet Services (or any features within the Mobily Pay Wallet Services);

(c) malfunction of the Mobily Pay Wallet Services or the App,

(d) the deletion of, corruption of or failure to store any communications data maintained or transmitted by or through your use of the Mobily Pay Wallet Services or the App;

(e) your failure to provide us with accurate account information;

(f) any fraudulent use of the Mobily Pay Wallet Services by you; or

(g) any delay or failure to comply with our obligations under this Agreement if the delay or failure arises from any cause which is beyond our reasonable control.

18.1 You will indemnify, defend and hold harmless Mobily Pay our Affiliates and/or any financial service provider with whom Mobily Pay has an agreement in relation to or in connection with the Mobily Pay Wallet Services harmless from and against any and all third party claims brought against any Indemnified Persons and all liability, loss and expenses (including damage awards, settlement amounts, and reasonable legal fees) incurred or suffered by the Indemnified Persons, arising out of or in connection with:

(a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement,

(b) any violation of our Policies;

(c) any actual or alleged infringement, misappropriation or violation of any third-party rights (including intellectual property rights) or Applicable Law;

(d) any transaction submitted by you through the Mobily Pay Wallet Service; and/or

(e) your use of the Mobily Pay Wallet Services or the App otherwise than as permitted by this Agreement.

19.1 This Agreement, constitutes the entire agreement between the parties in relation to its subject matter and supersedes any previous contracts or arrangements of any kind between the parties relating to its subject matter. Except as expressly stated otherwise in this Agreement, no modification or amendment of this Agreement will be binding on us unless set forth in writing and signed by us.

19.2 Communications 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 Mobily Pay Wallet Services 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 Mobily Pay Wallet Services and your Wallet Account, including without limitation agreements related to the Mobily Pay 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, 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.

19.3 Amendments Mobily Pay is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that Mobily Pay may provide a new service from time to time by providing you with notice in accordance this section of the Agreement. Should you wish to use such new service(s), their respective terms and conditions apply. In addition we may modify the terms of this Agreement (including its Schedules), the Specifications, any Policy, or the features of the Mobily Pay Wallet Services at any time. We will provide you with at least thirty (30) days’ notice before making any changes, unless: (a) the change needs to be implemented sooner in order to comply with Applicable Laws; or (b) the changes should be implemented with immediate effect for the best interest of you and us. In such circumstances we will notify you as soon as possible. We will notify you of changes through the App. If you do not agree to any change to this Agreement (including its Schedules), the Specifications, any Policy or feature of the Mobily Pay 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 Mobily Pay Wallet Services (as applicable) if you do not terminate this Agreement by the date which is thirty (30) calendar days from the date that we notified you of the change.

19.4 Assignment 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.

19.5 Waiver Unless otherwise specified, no failure or delay in exercising any right under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.

19.6 Severance 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.

19.7 Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws and regulations of the Kingdom of Saudi Arabia.  Any dispute arising out of this Agreement shall be submitted to the Committee for the Banking Disputes operating under SAMA.

19.8 Entire Agreement This Agreement 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.

19.9 By selecting the “Accept” 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 consent to the same.

Version 1, effective from [DATE]

 

he following terms shall have the meanings ascribed to them below wherever they appear capitalised in the Agreement, unless the context requires otherwise:

“Affiliate” means an entity owned or controlled by us or any entity controlled by, in control of, or under common control with us.

“App” means the Mobily Pay electronic wallet services app made available and as updated by Mobily Pay from time to time that you may use to access and manage your Wallet Account.

“Applicable Law” means all applicable national, state, local, municipal legislation, regulations, statutes, by-laws, consents and/or other law, orders, court rulings and any other instrument having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions) relating to or connected with the activities contemplated under this Agreement in the Kingdom of Saudi Arabia.

“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.

“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 that are set to allow you to access your Wallet Account via the App.

“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 on a given day.

“Device” means a smartphone, tablet or smart watch or any other device which is compatible for use with the Mobily Pay Wallet Services and, when used to connect to a Third Party Platform such device must be compatible with the Third Party Platform.

 

“International Remittance(s)” means transfer of funds from your Available Balance to a Receiver in a country other than the Kingdom of Saudi Arabia.

“Mobily Pay 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. Mobily Pay 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.

“Mobily Pay Payment Card” is defined in the introduction to Schedule 3 (Payment Card Terms).

“Mobily Pay Wallet Service(s)” means the Mobily Pay services that you may avail via the App including but not limited to using the electronic wallet to cash-in, pay for goods and services, withdraw / redeem funds in your Wallet Account and transfer funds both within the Kingdom of Saudi Arabia and internationally.

“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.

“Passcode” means the secret code that is required to unlock a Device and/or access to the Third Party Platform on a Device.

“Policies” means all applicable policies, notices, procedures, specifications, FAQs, guides and guidelines that are provided or made available to you, appear on the App or are referenced in this Agreement.

“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 TBC – Pending feedback from SAMA] per month.

“Receiver” means the person you specify via the App as the receiver of funds transferred via the International Remittance of the Mobily Pay Wallet Services.

“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 Mobily Pay Wallet Services.

“SAMA” means the Saudi Central Bank.

“SAMA Guidelines” means the payment service provide regulatory guidelines issued by SAMA dated January 2020, as amended from time to time.

“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 the merchant to charge your selected payment method for each such item separately at the time the item or service is shipped or fulfilled.

“Tax” means and includes all forms of taxation (including value added tax) and statutory, governmental, supra-governmental, state, local governmental or municipal impositions, duties, contributions, deductions, withholdings and levies whether of the Kingdom of Saudi Arabia or elsewhere whenever imposed.

“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.

“Wallet Account” means the account you open with us for the use of the Mobily Pay Wallet Services.

 

You may transfer funds from your Available Balance through International Remittances. You hereby acknowledge and agree that the Mobily Pay Wallet Services is powered and serviced by Remittance Intermediaries and such International Remittances will be subject to special terms and conditions as described below:

1. 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.

2. 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.

3. 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.

4. Remittance Intermediaries may be prohibited from completing an International Remittance transaction by applicable law, including laws administered by the US Treasury Department’s Office of Foreign Assets Control (OFAC) and the European Union.

5. 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 may 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.  The transfer fee that the Remittance Intermediaries make when changing the funds into foreign currency may vary based upon the payment currency you selected.

6. 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.

7. 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 24 hours. Transfer fees and charges are not refundable.  To the extent allowed by Applicable Law, we and Remittance Intermediaries may deduct an administrative charge from International Remittances that are not picked up within one year of the send date.

8. 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.

9. Without prejudice to Section ‎17 of the Mobily Pay Digital Wallet Services Terms and Conditions, 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.

 

Introduction

Pursuant to Section ‎9 of the Mobily Pay Digital Wallet Services Terms and Conditions, you may request that we issue you with a payment card for your Wallet Account (a “Mobily Pay Payment Card”) pursuant to the terms below.

The Agreement includes these Mobily Pay Payment Cards Terms and Conditions (the “Payment Cards Terms”), and these Payment Card Terms shall apply to your use of any Mobily Pay Payment Cards issued to you. Before you use your Mobily Pay Payment Card, please read these Payment Cards Terms carefully.

Part 1 – Payment Cards

1. APPLICATION AND ACTIVATION YOUR PAYMENT CARD

1.1 Subject to having a valid and active Wallet Account, you are eligible to request a Mobily Pay Payment Card.

1.2 There are a number of Mobily Pay Payment Cards that we may be available to you and you can choose which one best suits your requirements via the Payment Card page on the App. For some Mobily Pay Payment Cards there is an annual fee associated with such Mobily Pay Payment Card. Details of the fees for each Mobily Pay Payment Card may be found on the App. If you select a Mobily Pay Payment Card that has an annual fee then the fee will be deducted from your Wallet Account on issuance and each year thereafter until the card is cancelled or expires in accordance with these Payment Card Terms.

1.3 You can activate your Mobily Pay Payment Card by [e.g. logging in to your Wallet Account and creating a personal identification number (PIN) for your Virtual Payment Card, contacting our Customer Support Team on the details set out in section ‎2.2 of the Agreement].

2. PERIOD OF VALIDITY OF THE PAYMENT CARDS

2.1 Mobily Pay Payment Cards shall expire within three (3) gregorian years from their issuance, unless indicated otherwise on your Mobily Pay Payment Card.

3. CANCELLATION OF PAYMENT CARDS

Cancellation of a Mobily Pay Payment Card by you

3.1 You may cancel a Mobily Pay Payment Card at any time by notifying us in accordance with section ‎2.2 of the Agreement. In the event of any Mobily Pay Payment Card cancellation by you (whether early or otherwise), any fees charged for the issuance or renewal of that Mobily Pay Payment Card (as applicable) will remain non-refundable.

Cancellation of a Mobily Pay Payment Card by us

3.2 We may terminate these Payment Cards Terms and cancel any related Mobily Pay Payment Cards that we have issued to you:

(a) by providing you with thirty (30) calendar days prior notice at any time. If this is the case, we will provide you with a notice specifying the reason for such termination; or

(b) immediately on written notice to you if you fail to comply with these Payment Cards Terms.

(c) Mobily Pay is entitled to cancel the free cards if it is not used for a period of 90 days, and this is considered an acknowledgement by the customer to agree on that.

Consequences of Cancellation

3.3 On cancellation of your Payment Card and termination of these Payment Cards Terms, all existing amounts owed by you shall become due and payable to us.

3.4 Where you become bankrupt or insolvent, all existing amounts outstanding on the Mobily Pay Payment Cards shall become due and payable immediately under these Payment Cards Terms.

3.5 These Payment Cards Terms shall remain in force in relation to the cancelled Mobily Pay Payment Cards until the amounts due on any related transactions are paid to us.

4. REPLACEMENT CARDS

4.1 We may issue you with a new Mobily Pay Payment Card in the following circumstances:

4.1.1 the Mobily Pay Payment Card has been invalidated on the suspicion of a fraud or a suspicious transaction; or

4.1.2 your Mobily Pay Payment Card is accessed or use by someone other than you without your fault; or

4.1.3 the validity period of the Mobily Pay Payment Card as set out in section ‎2.1 of these Payment Cards Terms is due to expire; or

4.1.4 as a result of technical, operational or technological enhancements (including system enhancements); or

4.1.5 in order to comply with any Applicable Laws, requirements or regulations in the Kingdom of Saudi Arabia.

4.2 We reserve the right to charge you a fee for a replacement Mobily Pay Payment Card where we determine (acting reasonably) that you are responsible for the need to replace such Mobily Pay Payment Card.

4.3 You shall be deemed to have accepted your replacement Mobily Pay Payment Card issued to you in accordance with section ‎4.1 of these Payment Cards Terms where:

4.3.1 you have not expressly objected to the new Payment Card within [TBC] calendar days from the date of issue of the replacement Payment Card; or

4.3.2 you have activated the Mobily Pay Payment Card as required by us or otherwise have used your replacement Mobily Pay Payment Card to undertake transactions in your Wallet Account.

5. YOUR RESPONSIBILITIES

5.1 You undertake to:

5.1.1 not permit any other person to use your Mobily Pay Payment Cards and you shall ensure your Mobily Pay Payment Cards and any PINs issued are kept secure;

5.1.2 notify us immediately if you become aware of any disclosure of or access to your Mobily Pay Payment Card by any third party;

5.1.3 keep your contact details up-to-date and notify us of any change in your contact details by contacting us in accordance with section ‎2.2 of the Agreement;

5.1.4 contact any goods or services provider directly to resolve any issues with goods or services provided to you by such provider. We shall not be responsible for any provider that refuses to accept the Mobily Pay Payment Cards nor be responsible for any goods or services that are provided to you pursuant to a transaction;

5.1.5 not use the Mobily Pay 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 in accordance with section ‎3 above; and

5.1.6 not exceed the payment limit set by us as described in section ‎6 below.

6. PAYMENT CARD LIMIT AND PAYMENT TRANSACTIONS

6.1 The limit of payments for all Mobily Pay 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.

6.2 You will be able to access statements and summaries of transactions relating to your Mobily Pay Payment Card(s) via the App.

7. FEES AND CHARGES

7.1 Fees for Mobily Pay Payment Cards shall be calculated and charged in accordance with section ‎12 of the Agreement.

8. DISPUTED TRANSACTIONS

8.1 In the event that your Mobily Pay Payment Card is subject to unauthorised access or use by a third party, you must 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 Mobily Pay Payment Cards before we receive notice in accordance with this section.

8.2 Your liability for unauthorized use of Mobily Pay Payment Cards shall be limited by the following:

8.2.1 where the unauthorized use of your Payment Card is due to unauthorized use or access of your 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

8.2.2 you shall have no liability for any unauthorized transactions made by the use of the Payment Cards after reporting it to us in accordance with section 4.2 of these Payment Card Terms and you exercised reasonable care in safeguarding the Payment Cards from risk of loss, theft or unauthorized use. Where you inform us of unauthorized charges on your Payment Cards.  we shall investigate the matter promptly. 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 incident being reported to us.

8.3 After our receipt of a notification of loss, theft or misuse of a Mobily Pay Payment Card, we will block the Mobily Pay Payment Card. You also have the ability to freeze your Mobily Pay Payment Card using the App. If you later realize there’s not a risk to your Mobily Pay Payment Card’s security, you can unfreeze it. Upon notification to us of the loss, theft or misuse of your Mobily Pay Payment Card, you will have no further liability provided that you have acted with all reasonable care and diligence in safeguarding the Mobily Pay Payment Card unless it has been proven to us that you acted in bad faith. In case you recover the Mobily Pay Payment Card, you shall report the matter to us and, in the event that you suspect the Mobily Pay Payment Card has been used for fraudulent purposes, report the matter to the police.

8.4 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 section in respect of any act performed prior to the expiry of such time.

8.5 We shall not be responsible for any loss or damage arising directly or indirectly from any malfunction/failure of the Mobily Pay 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.

9. CASHBACK

9.1 From time to time, we may at our sole discretion announce cashback programs (each, a “Cashback Program”) on certain transactions made via your Mobily Pay Payment Cards or via certain types of Mobily Pay Payment Cards (each, a “Qualifying Transaction”). Selected categories of merchants may be excluded from Cashback Programs at our sole discretion.

9.2 The terms of this section will automatically apply to such Cashback Programs in addition to the specificities of the Cashback Program that we may announce from time to time.

Qualifying Transactions

9.3 Qualifying Transactions that we may specify for each Cashback Program do not include charges, Mobily Pay Payment Card fees (if applicable), transactions that are reversed by merchants, foreign currency, money orders, interest, unauthorized or fraudulent transactions, or Wallet Account charges of any kind (as applicable).

9.4 Cashback will not be paid on transactions that you subsequently cancel or return for a refund.

9.5 We at our sole discretion may from time to time change the method for receiving cashback for a Qualifying Transaction.

Payment of cashback

9.6 Cashback will be earned automatically at the amount or rate that we specify for each Cashback Program, and is provided by us without impacting any other offers provided by a merchant.

9.7 In accordance with the then current Cashback Program, we will pay you any cashback earned on your Qualifying Transactions by crediting your Current Balance of your Wallet Account within [TBC] days from the date of the relevant Qualifying Transaction, provided that your Wallet Account is valid and active. The cashback earned will be reflected on your statement available through the App.

9.8 If you close your Wallet Account or your Mobily Pay Payment Card is cancelled before a cashback is credited within the cashback credit window specified in section ‎9.7, you will lose any cashback that has been earned but not yet added to your Current Balance. In the event your Mobily Pay Payment Card is blocked or suspended for any reason whatsoever, then cashback accumulated will be forfeited but may be reinstated, at our sole discretion.

9.9 Any Qualifying Transactions that are refunded to your Mobily Pay Payment Card will not be eligible for cashback and any corresponding cashback credit will be cancelled or reversed (as the case may be). If such reversal of cashback generates a negative cashback amount and there is insufficient amount in your Wallet Account, we will debit such outstanding amount from your Wallet Account when sufficient funds are available or alternatively require repayment of the amount by you.

Cashback conditions

9.10 Cashback payments credited to your Mobily Pay Payment Card will not count towards your payment of the transaction for which cashback has been earned, and we will continue to charge your Wallet Account in accordance with these Payment Cards Terms.

9.11 Cashback is not transferable by operation of law or otherwise to any other person or entity. Cashback is an accrual payable solely at our discretion; it is not a balance which may be transferred to any other person or entity. Cashback is not exchangeable for other rewards, or refundable, replaceable, or transferable under any circumstances.

9.12 Cashback has a monetary value; it can be redeemed only as a credit to your Wallet Account. When credited, the equivalent value will reflect as a credit to the Wallet Account in the same manner as any other repayment.

9.13 We reserve the right not to credit any cashback earned or wipe off any cashback accumulated on your Mobily Pay Payment Card if you misuse your Mobily Pay Payment Card or Wallet Account.

Stopping or changing a Cashback Program or cashback payments

9.14 We can amend the terms of this section or remove your ability to earn cashback at any time. We will inform you if we do this, in accordance with the notification terms in this Agreement.

10. GENERAL

10.1 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 Mobily Pay Payment Cards to you and you shall promptly provide us with such documents and/or information.

10.2 You authorize us to send your cardholder 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 Mobily Pay Payment Cards.

10.3 You irrevocably agree that we may subcontract the provision of part or all of the services provided to you under these Mobily Pay 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.

10.4 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 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.

10.5 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.

10.6 If you have any questions, disputes, or complaints about your Mobily Pay Payment Cards, you can contact us by reaching out to our Customer Support Team in accordance with section ‎2.2 of the Agreement.

Part 2 Terms for enabling Mobily Pay Payment Cards on Third Party Payment Platforms

1.1 This Part 2 of the Payment Card Terms applies whenever you elect to link any of your Mobily Pay Payment Cards to Third Party Payment Platforms and technologies (for example, Apple Pay and Google Pay) in order to make payments via those Third Party Platforms.

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 Mobily Pay 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 Mobily Pay 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 and safe from unauthorised access.

2.3 Any applicable fees, and charges that apply to your Mobily Pay Payment Card will also apply when you use the Third Party Platform to access your Mobily Pay 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.

2.4 You can link your Mobily Pay Payment Cards to the Third Party Platform by following the instructions of the Third Party Platform provider. You may only use Mobily Pay Payment Cards that we indicate to you are eligible for use on the Third Party Platform. When you add a Mobily Pay Payment Card to the Third Party Platform, the Third Party Platform will allow you to use the Mobily Pay 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 Mobily Pay Payment Card from the Third Party Platform. We can also block your Mobily Pay Payment Card from use via the Third Party Platform at any time. You hereby agree and undertake to communicate only with our Customer Support Team should you have any issue and not to contact any Third Party Platform unless we advise you otherwise in writing.

2.5 In the event of a breach of confidentiality fraud, loss or theft of the Device, you must notify us in accordance with the procedure outlined in section 8 of the Mobily Pay Payment Card Terms and both yours and our liability shall be dictated in accordance with that section and section 5 below.

2.6 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 behalf of Mobily Pay, and therefore, you may be contacted by such third parties on our behalf to service your accounts.

2.7 By registering, adding and using the Mobily Pay Payment Cards in the Third Party Platform, you acknowledge that certain Mobily Pay 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 MOBILY PAY PAYMENT CARD

3.1 A virtual representation of the Mobily Pay Payment Card is licensed, to you for use only in accordance with these Mobily Pay Payment Card Terms. 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 Mobily Pay Payment Card to make payments with the Device in the Third Party Platform solely in accordance with these Payment Card Terms. 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 Mobily Pay Payment 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 Mobily Pay 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 wilful misconduct.

5.2 Mobily Pay is 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 Mobily Pay 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 YOUR ABILITY TO LINK TO THIRD PARTY PLATFORMS

6.1 We have the right to suspend or terminate your use of the Mobily Pay Payment Cards on the Third Party Platform, with immediate effect, if you breach the Agreement.

6.2 We have the right to suspend or terminate your use of the Mobily Pay 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 can terminate linking your Mobily Pay Payment Card to a Third Party Platform at any time by removing or de-linking all Mobily Pay 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.