Terms and Conditions

1. About Our Terms

   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.
   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.
   3. Agreement start dateThis 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.
   4. Why you should read this AgreementThis 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. Contacting Us

   1. The Mobily Pay Wallet is operated by Etihad Digital Financial Company, a company registered in the Commercial Register of Riyadh, Kingdom of Saudi Arabia, under No. 1010594523 and unified ID No. 7015861680.
   2. You can contact us by telephoning our Customer Support Team at 800 100 0800</span, by email to MobilyPayCare@Mobily.com.sa, using our Twitter Handle https://twitter.com/MobilyPayCare, or via our website MobilyPay.com.sa.
   3. We may contact you by telephone, email, SMS or other method in our discretion.
   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. General – Access to and use of Mobily Pay Wallet Services

   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.
   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. Your eligibility:You may not use any Services and this Agreement will not be effective if:
      • 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;
      • you are not at least 18 years old and able to form a legally binding contract with us; or
      • 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

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

   4. You agree that you will comply with all Policies when accessing the App and/or using the Mobily Pay Wallet Services
   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.
   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. 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.
   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.
   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.
   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.
   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. Mobily Pay Wallet Services set-up

   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.
   2. Registration informationAll 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.
   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. DevicesYou 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. Wallet Account

   1. How you can use your Wallet Account You can use your Wallet Account to:
      • 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);
      • 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);
      • authorize payments to merchants and third party suppliers (see section ‎8 below);
      • Send International Remittances (see section ‎10 below);
      • 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;
      • access the SADAD Payment System to pay bills;
      • access and use Mobily Payments which allows existing Mobily customers to pay bills with Mobily Pay directly either by post-paid or prepaid recharge;
      • make wallet to wallet transfers; and
      • receive a payment card in accordance with the Mobily Pay Payment Card Terms and Conditions.
   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.
   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.
   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. 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.
   6. Your Payment Logs 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.
   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.
   8. Prohibited Payments 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:
      • for illegal purposes (for example, committing fraud);
      • that might harm our ability to provide our Services;
      • 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
      • 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.
   9. 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.
   10. When we may refuse or delay your transactionsWe 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. Wallet Top-ups and Receiving Payments

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

   1. This section applies whenever you elect to make a payment from your Wallet Account.
   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.
   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.
   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.
   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.
   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. 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.
   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.
   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.
   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. Paying Merchants using Your Wallet Account

   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.
   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.
   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.
   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.
   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. Payment Cards

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

10. International Remittances

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

11. Complaints

    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. Fees

    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.
    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.
    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.
    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.
    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.
    6. Card Fees:
       • (a) Card issuance
         • (i) Classic Card annual fee: Free
         • (ii) Platinum Card annual fee: As shown in the table of Mobily Pay (https://mobilypay.com.sa)
         • (iii) Signature Card annual fee: As shown in the table of Mobily Pay (https://mobilypay.com.sa)
       • (b) Dispute
         • (i) In case reported a wrong card transaction objection, the objection fee will be 50 riyals + 15% VAT.
       • (c) International transaction:
         • (i) International transaction fee: 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. Ending Your Relationship with Mobily Pay

    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.
    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.
    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.
    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.
    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.
    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.
    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. Service and Account Suspensions

    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:
       • you have violated the terms of this Agreement;
       • we determine that you pose an unacceptable credit or fraud risk to us;
       • you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information);
       • we reasonably suspect that you are engaging in fraudulent or illegal conduct;
       • we have security concerns regarding your Wallet Account, including your Credentials; or
       • 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. Data Protection

    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 [INSERT HYPERLINK] is available in the App.
    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.
    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.
    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.
    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. Warranties

    1. Each party represents and warrants that it has full power and authority to enter into the Agreement.
    2. You warrant and represent to us that:
       • 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;
       • the name identified by you when you registered is your name;
       • any sales transaction submitted by you will represent a bona fide sale by you as described on the App;
       • you will only use the Mobily PayWallet Services to transact on your own account and not on behalf of any other person or entity;
       • you and all transactions initiated by you will comply with all Applicable Laws, including any applicable tax laws and regulations;
       • 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;
       • 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.
    3. You further warrant and represent that, in accessing the App and the Mobily Pay Wallet Service, you shall not:
       • 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;
       • 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;
       • do anything that would negatively impact any other user of the App or the Mobily Pay Wallet Service;
       • 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
       • allow any third party to use your Credentials to access the App or the Mobily Pay Wallet Service.
    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.
    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. Liability

    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.
    2. Subject to section ‎17.1 above, we, and our Affiliates (and its licensors), will not be liable to you for any:
       • economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings);
       • cost of substitute services;
       • loss of goodwill or reputation; or
       • special, indirect or consequential losses,
    3. 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.
    4. 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).
    5. 17.4Subject 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:
       • 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;
       • 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);
       • malfunction of the Mobily Pay Wallet Services or the App,
       • 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;
       • your failure to provide us with accurate account information;
       • any fraudulent use of the Mobily Pay Wallet Services by you; or
       • 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. Indemnity

    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 (the “Indemnified Persons”) 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:
       • any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement,
       • any violation of our Policies;
       • any actual or alleged infringement, misappropriation or violation of any third-party rights (including intellectual property rights) or Applicable Law;
       • any transaction submitted by you through the Mobily Pay Wallet Service; and/or
       • your use of the Mobily Pay Wallet Services or the App otherwise than as permitted by this Agreement.

19. General

    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.
    2. CommunicationsWhen 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.
    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.
    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.
    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.
    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.
    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.
    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.
    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]