tiqmo WALLET USER AGREEMENT

 

Welcome to tiqmo.

Please read this Agreement carefully before using the Services. By accessing or using the Services or registering for an Account with tiqmo or opting for using the Services, you signify your consent to this Agreement. If you do not agree with any of the Wallet Terms and Conditions, do not use the Services.

In this Agreement, “you”, “your”, “yourself” and “their” refer to the user of the Services and “we”, “us”, “our”, “Smart Digital Payment Co” a Saudi Joint Stock (closed) Company having registered address at Building No. 7512, Wadi Al Raiyhan, Secondary No. 3217, Al Olaya Dist. 12212, Riyadh, Saudi Arabia or “ tiqmo” refer to the provider of the Services.

1.            Terms and conditions    

1.1          These Wallet Terms and Conditions govern the provision of the Services by tiqmo to the individual accessing or using the Services together with the other constituent parts of the Agreement between tiqmo and you, as described below. 

2.            Definitions

2.1          The following capitalized terms shall have the respective ascribed meanings in this Agreement:

“Account” means the electronic account associated with your Wallet. For clarity, your Account is an e-money account, and you acknowledge that your Account is not a bank account and thus there is no overdraft and/or interest or mark-up facility or benefits available on your Account.

 “Affiliate” means, in relation to a party, any company or other legal entity which directly or indirectly, through one or more intermediaries, controls, is controlled by or is under the common control of a third party with such party. Affiliates will be construed accordingly.

 “Agreement” means, collectively, this Wallet User Agreement with all its Wallet Terms and Conditions mentioned herein, the Wallet Privacy Policy, Card Terms, Application/Wallet Application (and all information provided in it) and any other documents incorporated by reference herein.

“App” means the Services App or Wallet mobile application made available by or on behalf of tiqmo.

“Applicable Laws” means Payment Services Provider Regulation, Anti-Money Laundering and Counter Terrorist Financing Rules issued by SAMA and any other applicable laws to the usage of the Services in KSA or abroad including all amendments to be made from time to time to the aforesaid laws and regulations.

“Business Day” means Sunday through Thursday, excluding public holidays in KSA.

“Charges” mean a fee payable by a Customer in relation to a Transaction, Payment Card, Dispute Fee or otherwise, as published or notified by tiqmo from time to time on the Digital Channels and approved by a Customer before a Transaction and/or acceptance of Payment Card (as applicable).

“Content” means any information (whether pictures, data or any other content) made available, displayed or transmitted in connection with the Services including, without limitation, information made available by means of Wallet Application, any third party information or posting or content made available by means of an HTML “hyperlink”, all trademarks and domain names contained in such information, as well as contents of any bulletin boards or chat forums, and all upgrades, updates, modifications and other versions of any of the foregoing).

“Credentials” has the meaning given to this term in clause 7.4.

“Customer” means you or any other registered and approved person that holds an Account for the Services. Customers will be construed accordingly.

“Digital Channels” means: (i) Wallet websites made available by or on behalf of tiqmo from time to time, including the website available at https://www.tiqmo.com; and (ii) Wallet Application.

“Dispute Fee” means a fee to be charged in advance from the Customer by tiqmo for a frivolous claim however in case of sustainable claim, it will be refunded to the Customer. 

“Effective Date” has the meaning given to this term in clause 6.

“E-Gift Cards” means electronic gift cards, digital gift cards, mobile gift cards and virtual gift cards you will purchase from the Merchants through the App.

“Exchange Rate” means currency exchange rate set by tiqmo and/or a reference rate made available to the Customer for a specific currency at the time of a transaction of International Remittances, international mobile top-up, international bill payments or other products for approval of the Customer.

“Expired International Remittance” has the meaning given to this term in clause 4.5.

“Goods and Services” means all products, goods or services including, but without limitation, products, payment of utility bills, gift vouchers, vouchers, E-Gift Cards, mobile top-ups, and iTunes cards that you will purchase from Merchants or other service providers where payment for such product or service is made through your Account and the Services. 

“International Remittances” means transfer of funds from your Account/Wallet to a receiver, beneficiary or a third party in a country other than KSA.

“KSA” means the Kingdom of Saudi Arabia. 

“Loyalty Program” means a program initiated by tiqmo providing you with loyalty-based benefits including, but not limited to, cashback, gifts, vouchers, points, incentives, campaigns, and other similar benefits to be introduced or offered by tiqmo from time to time. “Loyalty Programs” will be construed accordingly.

“Merchant” means any person or entity offering Goods and Services to Customers and a party to a Merchant Agreement.

“Merchant Agreement” means a merchant agreement pursuant to which the Merchant agrees to accept payment for Goods and Services through the Services.

“Mobile Device” means a mobile device (phone/tablet etc.) that allows access to the Services through a registered SIM Card, via a webpage or Wallet Application on any operating system.

"Payment Cards” has the meaning given to this term in the Payment Cards Terms and Conditions.

“Payment Methods” means each method of paying for a Transaction that is offered by tiqmo as part of the Services from time to time, including (as may be made available by tiqmo from time to time) (i) using stored value credited to your Account to pay for a Transaction; and (ii) using funds from your Payment Card to pay for a Transaction or increase the stored value in your Account.

“Point of Sale” means each retail location of a Merchant or another TIQMO partner or any third-party service provider where Customers can initiate or conduct Transactions through a point of sale.

“Policies” means all our policies such as AML-CFT Policy, Compliance Policy, Consumer Funds Safeguarding Policy, Consumer Protection Policy, Cyber Security Policy, Fraud Detection Policy, IT Policy, Risk Based Customer Limit Policy, Risk Management Framework, Customer Acceptance Policy, and any other policy(s) including but not limited to procedures, guidelines, and specifications prepared by us pursuant to Applicable Laws and/or guidelines of SAMA, from time to time.

“Referral” means an act of directing or redirecting new customers to the App.

“Referral Reward” means a reward to be granted by tiqmo to an existing customer based on Referral.

“SAMA” means Saudi Central Bank. 

“SAR” means Saudi Arabian Riyal, official currency of KSA.

“Security PIN Code” means your unique personal identification number created by you to access and operate your Account.

“Services” mean all services (including electronic payment services and the processing of Transactions) offered by tiqmo from time to time in connection with Wallet. The use of the Services will enable you to make payments for purchasing Goods and Services, make International Remittances, international mobile top-ups, international bill payments, local payments, and receiving certain payments from other Wallet users.

“SIM Card” means the Subscriber Identity Module which enables you to use the Services when used with your Mobile Device and Wallet Application.

“Third Party Platform” means an online, mobile payment system and/or an electronic service created by a third-party service provider that enables you to use or avail different services through the App, including but not limited to local and/or international utility bill payments, local and/or international mobile top-ups, purchase of E-Gift Cards, transfer of International Remittances or any other online purchases made through a Third-Party Platform.

“ tiqmo” means Smart Digital Payment Co; owner of tiqmo trademark and operator of the Services.

“ tiqmo Contact Centre” means the customer service contact center established by tiqmo to receive, investigate, and resolve Customers’ queries and complaints in relation to the Services. You can also contact customer service team across a range of channels including calling us at 8001110800, email customercare.ksa@tiqmo.com, chat and via other social media interactions.

“ tiqmo 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 tiqmo or its Affiliates to you for download from the App. It is clarified that tiqmo Materials do not include any software, data or other materials specifically made available by tiqmo or its Affiliates under separate license terms or that were created by a third party, including without limitation software provided under an open-source license.

“Transaction or Transactions” means (i) any instruction from you to purchase Goods and Services using the Payment Methods; (ii) any instruction from you to add stored value into your Account using the Payment Methods; (iii) any instruction from you to transfer stored value held in your Account to tiqmo Wallet account of another Customer; (iv) any instruction from you to redeem stored value in your Account for an equivalent amount of SAR paid in cash at Wallet partner locations designated by tiqmo from time to time, or credited to an account nominated and held by you at a bank licensed by SAMA; (v) International Remittances provided in partnership with money remittance networks chosen at the sole discretion of tiqmo; (vi) international mobile top-ups and international bill payments and (vi) any other operation (including credit transactions and incoming transactions) which tiqmo may permit you to initiate in respect of your Account from time to time.

“Wallet” means the mobile wallet solution owned and operated by tiqmo consisting of a stored value account used to carry out payments and transfer funds, related products, and services.

3.            Service Description

3.1          As part of the Services, you may from time to time request the execution of a Transaction by tiqmo using one of the then-available Payment Methods in accordance with this Agreement. tiqmo will make reasonable endeavours to complete the Transaction you request, always subject to (a) your compliance with this Agreement, (b) the execution of the Transaction being compliant with Applicable Laws, and (c) the Payment Methods you designate, and the funds required to pay for the Transaction being available and authorized at the time the Transaction is processed.  You may withdraw consent and revoke a Transaction only before the Transaction is initiated by the relevant Merchant or as provided in the Applicable Laws. tiqmo shall issue electronic confirmation receipt to you to advise if a Transaction you request has been successfully completed or will alternatively inform you by electronic means if the Transaction has been rejected and/or withdrawn. A Transaction shall be considered successfully completed only upon your provision of OTP, PIN or biometric (as applicable) and/or tiqmo issuing electronic confirmation receipt to you for such Transaction.

3.2          Each time you pay for a Transaction you request using SAR equivalent amount of stored value held in your Account/Wallet (including Transactions for the purchase of Goods and Services and Transactions for redeeming stored value in your Account for SAR equivalent), you hereby irrevocably authorize and direct tiqmo to debit your Account by that amount immediately upon tiqmo confirming the successful completion of the Transaction.

3.3          You hereby irrevocably authorize tiqmo to debit your Account by the amount of any then-applicable Charges upon the successful completion of each Transaction you request.

3.4          At its sole discretion, tiqmo may introduce new services or discontinue any existing Services from time to time and at any time subject to a prior written notice.

3.5          All Transactions from the Account must be authorized by you, using the Security PIN Code or by such other methods that tiqmo may implement from time to time. For a Transaction with a Merchant, you may be required to present your proof of identity (such as a valid passport, ID Card or a Residence Card) to affect the Transaction.

3.6          Each Transaction will be issued with a unique transaction number that is included in the confirmation electronic receipt sent to you. This transaction number is used to track and identify all Transactions carried out on your Account and you will be required to provide such transaction number if you wish to query any Transaction on your Account.

3.7          You may send payments to any other Wallet users and receive payments to your Account from any other Wallet users. You may also make cash gifts to other Wallet users which allows you to send a payment to a group of Wallet users which can then be split between the Wallet users based on your instruction and consent. You may also be in receipt of a cash gifts from another Wallet users based on their instruction and consent. tiqmo will not be liable to you in any way with respect to refusal of other Wallet users to approve any cash gifts and/or any split payment request made by you in respect of any Transaction fully settled or paid by you through your Account. 

3.8          You may authorize or preauthorize merchants to charge your selected payment method using recurring or multiple payment method. You can cancel or stop such recurring or multiple payment method at any time by way of updating your Account settings. You will be fully responsible to pay any due recurring or multiple payment instalment prior to updating your Account settings.

3.9          Your monthly top-up limit for Wallet is up to SAR 20, 000/-.This means your monthly Wallet limit will not exceed a sum of SAR 20,000/-. Where tiqmo receives transfer of funds into your Wallet that will exceed monthly top-up limit, we will hold the excessive amount as a pending amount and this excessive amount will automatically be transferred back into your Wallet on the first day of the next month provided that your Wallet balance does not exceed the permitted monthly limit.

3.10        Subject to relevant terms and conditions of each Loyalty Program, we may introduce or announce Loyalty Programs and/or Referral Rewards, from time to time, on certain Transactions and/or through certain Merchants made via App for a specific duration.

3.11        You will be informed of all Loyalty Programs and/or Referral Rewards with applicable dates which will be subject to change with prior notification to you.

4.            International Remittances

4.1          International Remittances allow you to send a money transfer to the person named by you and allows them to either (i) collect International Remittances in cash at one of our partner network’s location (the “to cash” service); or (ii) to receive International Remittances into their bank account or other type of physical or virtual account, for example mobile wallet account (“to account” service). This Agreement applies to both services, except where we say they apply to only one of them.

4.2          The beneficiary can only collect International Remittances in the receiving country stated by you at the time of initiating International Remittances. We will not contact the beneficiary when the money is ready to collect except that the beneficiary will receive a notification to that effect.

4.3          There are limits on the amount you can send in any International Remittances. These limits are available on our website at https://tiqmo.com and/or App. We may refuse to send the money or allow it to be collected if we reasonably believe that: (a) by doing so we might break any law, regulation, code or other duty that applies to us; (b) doing so may expose us to an action from any government or regulator; or (c) it may be linked with fraudulent or illegal activity.

4.4          You do not have a right to cancel International Remittances after initiation of the transaction. Subject to a Dispute Fee, you may however request a review of a (disputed) transaction by contacting Tiqmo Contact Centre after initiation of the transaction.  All cancellations or approved refund requests will be subject to bearing Exchange Rate cost, Dispute Fee and/or any additional non-refundable fees.

4.5          If you ask us to make an International Remittance to be collected in cash and the amount of International Remittance has not been collected within (30) days, we will treat the International Remittance as no longer capable of execution (an “Expired International Remittance”). We will have no obligation, after that (30) days period, to execute an Expired International Remittance. If an Expired International Remittance occurs, you will be entitled to a refund of the amount of the Expired International Remittance. If you become aware that a transferred amount has not been collected, please contact us to ask for a refund by contacting Tiqmo Contact Centre. Any fees paid by you will not be returned with this type of refund and the refund will be calculated based on the Exchange Rate on the date of the refund.

4.6          For “to cash” International Remittances; to collect the money and complete International Remittances, the beneficiary will be required to provide the reference number and certain information including a copy of his/her valid ID.

4.7          You must not give the details in condition paragraph 4.6 above to anyone other than your chosen beneficiary. You must do all you reasonably can to ensure no one else can obtain them. Do not trust a person (other than the beneficiary) who tries to assure you it is safe to disclose some or all those details to them.

4.8          For “to account” International Remittances; we will send the money to the account you specify. For information on when a payment will be credited to such an account, you will be informed at the time of execution of such transaction.

4.9          The International Recipient’s bank account provider may apply its own charges to International Remittances, which do not involve us.

4.10        All International Remittances’ transactions will be made based on an Exchange Rate prior to a transaction made by a Customer. All International Remittances’ transactions will be processed when the payment is complete from your end. Tiqmo does not accept the payments from third party accounts and any such payments made through third party accounts shall lead to cancellation of desired transaction.

4.11       If you ask us to make International Remittances using “to account” option and International Remittances was not made properly or never arrived due to clear fault on our part, we will promptly refund your money and our fee. If we can prove that the bank account provider received the money or that there was a mistake in International Recipient’s bank account details that you gave us, then no refund will be made to you.

4.12        Applicable Laws prohibit transfer of funds without knowing a beneficiary (transferee) or without having a legal relationship with a beneficiary and/or without a legitimate purpose. Hence, you acknowledge that you know the beneficiary to whom you intend to make International Remittances.

5.            Age Restrictions 

5.1          You must be at least 18 years old to open an Account for use of the Services. We may open a supplemental Account at your request for the use of your dependents under the age of 18 however you, subject to restrictions set out in clause 5.2, will be fully responsible for the use of any supplemental Account which we will treat as forming part of your Account. If you wish to cash-in or cash-out from your Account, you may do this through a valid funding instrument (as we may determine from time to time), although this is not mandatory. The funding instrument must be associated with a billing address in KSA.

5.2          If you choose to create a supplemental account for your dependents under the age of 18, the supplemental account will be restricted from the following actions:

                5.2.1 Obtaining a physical tiqmo Payment Card.

                5.2.2 Conducting international Transactions, including but not limited to international bill payments, International Remittances and/or any other age-restricted Transactions.

6.            Commencement and Application Process

6.1          This Agreement is valid and binding on and from the date on which tiqmo provides electronic confirmation to you that your Account/Wallet has been opened or activated (“the Effective Date”).

6.2          The application process for the Services may be completed electronically. However, depending on the information that you provided when applying for the Services, tiqmo may require you to complete all or parts of the application process in person to verify your identity and/or provide original documents. Depending on your age, your residency status, or the level of identity verification you have provided, tiqmo may place limits on which features, functionalities and/or facilities are available to you under the Services and/or place limits on your Transactions. If, and when, tiqmo introduces new features, functionalities and/or facilities within the Services, to access these, you may be required to provide additional identity verification documents in person. You shall, always, keep the information you have provided to tiqmo as part of the Services application process or otherwise (including without limitation information about your name, bank account details, residency and immigration status, passport, visa and Iqama/Resident Permit details, residential address and contact information) up to date and shall immediately advise tiqmo in writing of any changes to any such information.

7.            Liability

7.1          To the maximum extent permitted under Applicable Laws, tiqmo shall have no liability under or in connection with this Agreement  for any loss of business, loss of business opportunity, loss of revenue, loss of profits, loss of anticipated savings, loss of goodwill, business interruption, wasted expenditure or for loss of any other economic advantage however it may arise, or 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, or for data loss or data corruption, or for any indirect, punitive, special, incidental or consequential loss, even if tiqmo has been advised of the possibility of such damages or losses.

7.2          To the maximum extent permitted under Applicable Laws, and subject to clause 7.1 above, the total liability of tiqmo under or in connection with this Agreement in connection with a Transaction shall be limited to the value of that Transaction.

7.3          If you are not satisfied with the quality of the Services or the manner in which it is provided, or object to any variation to the terms and conditions of this Agreement, to the maximum extent permitted under Applicable Laws your sole and exclusive remedy is to discontinue using the Services.

7.4          You shall be fully and solely liable for and bear all Charges, losses, and damages arising from any Transaction which is authorized using your Security PIN Code, OTP (one time password), IVR (interactive voice response), SMS (short message service) and/or other authentication credentials for using the Services which tiqmo may issue to you from time to time (“Credentials”), unless you have notified tiqmo in writing or through any Digital Channels which tiqmo makes available expressly for such purpose that your Security PIN Code and/or Credentials have been stolen or compromised.

If you disclose your Security PIN Code and/or Credentials to a third party, or if you fail to safeguard and protect your Security PIN Code and/or Credentials using reasonable care and as a result your Security PIN Code and/or Credentials are used by any third party to authorize one or more Transactions, then to the maximum extent permitted under Applicable Laws, you will indemnify and hold tiqmo and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any such Transaction until the earlier of:

(a) the time when you change the Security PIN Code and/or Credentials, and

(b) the time when tiqmo receives notification from you (in writing or through any Digital Channels which tiqmo makes available expressly for such purpose) that your Security PIN Code and/or Credentials have been compromised or stolen.

7.5          Notwithstanding the foregoing, you shall be fully and solely liable for the losses related to any Transaction where you are proven to have acted grossly, fraudulently or are otherwise found to be in breach of this Agreement.

7.6          In the event of fraud, loss, or theft of the SIM Card and/or Mobile Device, you are obliged to immediately notify tiqmo in writing or through any Digital Channels which tiqmo makes available expressly for such purpose of the same in order that tiqmo may freeze your Account. Charges may be applicable if your service provider requires to replace the SIM Card and you will be responsible for the payment of such charges and for any Transaction effected up to the time you froze your Account or requested tiqmo to freeze it. You will indemnify and hold tiqmo and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any Transactions requested or made with your Mobile Device and SIM Card prior to tiqmo freezing your Account pursuant to your notification, as described above.

7.7          Whilst tiqmo takes utmost care in securing all communications, please note that the confidentiality of communications via any public telecommunications network is susceptible to unlawful interception and hacking, especially through public Wi-Fi. tiqmo shall not be liable for any loss or damage whether direct or consequential arising out of any such unlawful interception or access.

7.8          To the maximum extent permitted under Applicable Laws, tiqmo shall not be liable for any purchase, delivery, fitness for purpose and/or warranty of any Goods and Services purchased by you from any third party (including a Merchant) using the Account or otherwise through a Wallet Service. You will be bound to the sales agreement entered between you and the relevant Merchant. For any issues with the Goods and Services obtained from the Merchant, you should directly contact and register your complaints with the relevant Merchant and/or the payment services provider who supports the Payment Method (e.g., credit card provider) that you have used.

7.9          If you request any Transaction to redeem stored value in your Account for SAR equivalent amount in cash at a designated Wallet partner location, you acknowledge and agree that it is solely your responsibility to verify the correct amount and authenticity of the bank notes you receive at the time the Transaction is executed, and that tiqmo shall have no liability to you in that respect to the maximum extent permitted under Applicable Laws.

7.10       Any misuse of the Services by you in breach of the Agreement shall be at your sole risk and cost. You will indemnify and hold tiqmo and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any third-party claim to the extent such claim relates to any breach of the Agreement. This is without prejudice to other rights and remedies tiqmo may have under the Agreement or otherwise, including its right to initiate such criminal or civil proceedings it may deem appropriate against you.

7.11       To the maximum extent permitted under Applicable Laws, tiqmo disclaims all liability whatsoever, for any non-delivery, misuse or miss-delivery or for any interruption, suspension or termination of Services.

7.12       SERVICES AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS IN ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH SERVICES OR ON SITES THAT MAY APPEAR AS LINKS ON OUR APP, OR IN THE PRODUCTS PROVIDED BY THE THIRD PARTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR ANY OF OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE WILL CREATE A WARRANTY. 

7.13       We are not responsible for material or information contained in any third-party Content that is accessible or provided through or in connection with the Services. The Customer is solely responsible for all Content that he/she transmits by any means, and for determining the suitability of all accessed Content.   

7.14       At its sole discretion tiqmo reserves the right to screen Transactions and to reject any Transaction (a) which tiqmo determines in its sole discretion would violate Applicable Laws or the Policies and/or its partner financial institutions, or (b) if tiqmo suspects you are in breach of the Agreement, or that fraudulent or illegal activity is taking place. tiqmo shall bear no responsibility for a Transaction which tiqmo rejects in accordance with this clause 7.13. tiqmo will provide you with electronic notification of any Transaction which is rejected, and where possible, the reasons for such rejection.

7.15       To the maximum extent permitted under Applicable Laws, tiqmo will not be liable to you for any losses you suffer or costs you incur due to:

(a)           You are unable to access or use the Services, and tiqmo makes no commitment on the availability of the Services and shall not be liable for any planned (about which tiqmo will try to notify you in advance to the extent possible including specifying a time for rectification of such planned outage(s)) or unplanned outages;

(b)          Any device (including your Mobile Device), hardware or software you use in connection with Services being damaged, corrupted, hacked or fails to work;

(c)           Services not working as you expect, not meeting your requirements or containing errors or defects or tiqmo failing to correct these in any specified time; and

(d)          A reduced level or failure of third-party service providers to provide any services including but not limited to software providers, mobile operators, merchants, payment schemes etc.

7.16       To the maximum extent permitted under Applicable Laws, tiqmo shall not be liable for any Transactions which it rejects because of insufficient funds in your Account or, if you have elected to use another Payment Method to fund the Transaction, lack of authorization for sufficient funds for any reason.

7.17       Nothing in this clause 7 or elsewhere in this Agreement shall operate to limit or exclude liability of either party which cannot be limited or excluded under Applicable Laws.

7.18       The provisions of this clause 7 (Liability) shall survive the termination of the Agreement.

8.            Representation and Warranties

8.1          You represent and warrant that all information provided by you to tiqmo, including information provided in the Application, are true and complete, and that they are not misleading.

8.2          You and all Transactions initiated by you will comply with Applicable Laws and you will not use Services, directly and indirectly, for any fraudulent undertaking, money laundering, financing terrorism or in any manner that interferes with fair use of the Services.

8.3          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, locally or internationally.

8.4          Any breach of undertaking, warranty, or representation by you will entitle tiqmo to suspend or terminate the Services and this Agreement with immediate effect and claim any contractual and other damages for such breach.

8.5          You only use App for the Services intended under this Agreement. Any misuse or abuse of App and/or Services will entitle tiqmo to suspend and/or terminate the Services forthwith. 

9.            Customer's Obligations

9.1          You undertake to:

9.1.1      always protect the secrecy of the Security PIN Code and Credentials and ensure that the same is not revealed or disclosed to any third party whomsoever. In the event you become aware or suspect that your Security PIN Code and/or Credentials have been compromised or disclosed to another person or entity, you are obliged to immediately change the Security PIN Code and/or Credentials and notify tiqmo (through any Digital Channels which tiqmo makes available expressly for such purpose or by contacting Tiqmo Contact Centre);

9.1.2      use only your Security PIN Code and Credentials for accessing the Services and you must ensure the secrecy of the same and safeguard by taking protective measures such as changing your Security PIN Code and Credentials from time to time to enhance security;

9.1.3      keep your Mobile Device, and SIM Card, safe at all times and if any unauthorized use, fraud, loss or theft occurs (or you suspect has occurred) immediately freeze your Account (if you are able to do so) and report such occurrence to tiqmo. Upon receiving such information, tiqmo will disable your Account to prevent further use of the Services until the same has been replaced or a new Security PIN Code has been created by you. Notification of any fraud, loss or theft of the Mobile Device or SIM Card may be given by any Digital Channels which tiqmo makes available expressly for such purpose or contacting tiqmo Contact Centre.

9.1.4 You agree that you are required by Applicable Laws to notify tiqmo without undue delay, and in any event no later than six (6) months after the debit date, on becoming aware of any unauthorized or incorrectly executed Transaction; 

9.1.5      ensure that you comply with any KSA restrictions for downloading, using or otherwise exporting Wallet Application (including any encryption keys or similar content stored in Wallet Application) subject to the Applicable Laws and Policies;

9.1.6      only download Wallet Application from a site or online store which is approved by tiqmo;

9.1.7      comply with the rules appropriate for any other network that you access through the Services.

9.1.8      not carry out or allow any intellectual property rights infringement;

9.1.9      not remove, obscure, or alter tiqmo’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to, contained within, or accessed using Wallet Application;

9.1.10    use any tiqmo or third-party Content made available through the Services solely for your personal use (if you are an individual) or internal business purposes, unless otherwise agreed by tiqmo. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reverse engineer, reformat, incorporate into advertisements and other works, sell, trade in, promote, create derivative works, or in any way exploit or allow others to exploit any part of the Services, Wallet Application or any Wallet Content in whole or in part except as expressly authorized by tiqmo;

9.1.11    not attempt to derive income from the use or provision of the Services without being authorized by tiqmo;

9.1.12    not use the Services in any manner which could damage, disable, overburden, or impair any Services or Wallet network, or any third-party networks connected to any Services or interfere with any other party or customer's use and enjoyment of any Services;

9.1.13    not attempt to gain unauthorized access to the Services or Account or any other third-party networks linked through Wallet by hacking, reverse engineering or any other unauthorized means;

9.1.14    comply with any instructions regarding use of the Services as tiqmo may from time to time consider necessary to issue in order to maintain the integrity, quality and safety of the Services for all Customers and such instructions shall be binding upon you and be deemed to form an integral part of the Agreement;

9.1.15    not use the Services or the Wallet Application in any unlawful manner, for unlawful purposes or in any manner inconsistent with this Agreement, or act fraudulently or maliciously;

9.1.16    not introduce into or through Wallet Application or otherwise into the Wallet Service any computer virus, ‘trojan horse’, worm, logic bomb, back door, malware or similar item whose purpose or possible function is to disable a computer or network or adversely affect its performance;

9.1.17    ensure your device’s security when accessing or using Wallet by any means available, including but not limited to using appropriate virus-scanning software;

9.1.18    cooperate in any investigation conducted by tiqmo or a governmental or regulatory body in connection with the Services, and provide confirmation of your identity or of any other information requested by tiqmo or a governmental or regulatory body; and

9.1.19    not take any action that may cause tiqmo to lose any business.

9.2          No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformity with description) apply to the Services except to the extent expressly set out in the Agreement.

 

10.          tiqmo’s Obligations

10.1        tiqmo will provide the Services as it makes available from time to time to the Customer in accordance with this Agreement and to the extent permitted under Applicable Laws.

10.2        Subject to clause 6, tiqmo shall use reasonable endeavours to ensure the correct execution of each Transaction which is requested in accordance with this Agreement and complies with the requirements of this Agreement and Applicable Laws.

10.3        Subject to clause 6 above, in the event tiqmo completes a Transaction which results in the debiting of your Account but which Transaction is not authorized by the use of your PIN Code or Credentials (or which is processed using your PIN Code or Credentials after you have notified tiqmo that your PIN Code and Credentials have been compromised or stolen and tiqmo has not frozen your Account), tiqmo shall, subject to investigation, refund the full amount by which your Account was debited. However, where the processing of a Transaction is the result of fraud and/or negligence by you or any third party acting on directions by or in collusion with you, tiqmo shall have a right to reverse such refund. You may however request tiqmo for provision of any documentary evidence where tiqmo exercises its contractual right of reversal of a disputed refund.

10.4        tiqmo shall use reasonable endeavours and have in place and comply with systems, Policies and practices reasonably designed to ensure that any stored value in your Account is not accessible to third parties (except where the third-party gains access through use of your PIN Code, Credentials, Mobile Device or SIM Card). Subject to clause 6, where your Account is debited with an amount of stored value without the use of your PIN Code or Credentials, and such unauthorized debiting is directly and solely caused by failure by tiqmo to comply with the preceding sentence, tiqmo shall , subject to investigation,  may refund the full amount by which your Account was debited, except where the debiting was the result of fraud by you or any third party acting on directions by or in collusion with you.

10.5        tiqmo shall not be liable for any errors made by a Customer where a Customer initiated a Transaction and specified an incorrect unique identifying reference number for the beneficiary and/or incorrect bank details. If a Customer made such error, tiqmo shall make reasonable efforts to recover or retrieve the funds from the incorrect recipient of the funds and/or the recipient’s payment service provider subject to charging a fee.

11.          Data Collection & Protection Policy

11.1        tiqmo is concerned about the privacy of your personal information and data and is committed to protecting your personal information in accordance with our privacy policy annexed to this Agreement (“Wallet Privacy Policy”) and the laws of KSA. Wallet Privacy Policy forms part of this Agreement, and you confirm you have read, understood, and accepted the terms of the same.

11.2        You agree that your personal information provided to tiqmo (other than any user identification data and transaction records) may be used and retained by tiqmo, and that, to the fullest extent permitted under Applicable Laws, tiqmo may use, process, disclose and transfer your personal information (other than any user identification data and transaction records) for the purposes of providing the Services and/or other services including marketing and research purposes (whether in KSA or abroad) to tiqmo agents, contractors, any telecommunications operators, any third party service providers, any third party collection agencies, any credit reference agencies, any security agencies, any credit providers, banks, financial institutions, tiqmo professional advisers, our Affiliates, any other persons under a duty of confidentiality to tiqmo, and any of tiqmo actual or proposed assignees or transferees of tiqmo rights.

11.3        You agree and acknowledge that tiqmo (a) shall retain and store user identification data and transaction records within KSA, and (b) may disclose such data and records to governmental and regulatory bodies or pursuant to a court order.

11.4        You accept that tiqmo may disclose or receive personal information or documents about you or other related Know Your Customer (KYC) information provided by you to tiqmo:

to and from local law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud;

to facilitate tiqmo’s ability to fulfil legal, governmental, or regulatory requirements; and

to tiqmo’s legal representatives or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature).

11.5        You consent and hereby authorize that your communications and preferences connected to your use of the Services may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorized use of our telecommunications system and detection and prevention of crime.

11.6        By using the Services, you consent to tiqmo accessing information about your Mobile Device for the purpose of registration and authentication when using Wallet Application. You consent to the Services and Wallet Application using cookies which are needed for them to work effectively.

11.7        Certain elements of the Services may make use of location data sent from your Mobile Device. You can turn off this function at any time by turning off the location services settings on your Mobile Device. If you use these elements of the Services, you consent to tiqmo and its partners' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Mobile Device.

11.8        Access to Google Maps / Google Earth APIs or any other third-party software through Wallet Application such as Apple Pay and other wallets (iOS and Android versions), if applicable, is subject to you accepting separate terms and conditions or entering an end user license agreement with such third parties, at your sole discretion, and tiqmo bears no responsibility of whatsoever kind with respect to such third-party services, or with respect to providing to you any elements of the Services which rely on or require the use of third-party services which are not made available for use by you (whether as a result of you declining the applicable third-party license agreement or otherwise).

12.          Charges

12.1        Charges payable for the execution of each Transaction will be deducted from your Account upon successful completion of each Transaction. The [typical] Charges to be imposed for Transactions are available in a table to be found @ [**] or on the Digital Channels and/or shown in transaction history of your Account and may be updated from time to time by tiqmo subject to an advance thirty (30) days written /electronic notice. The Charges may also be updated due to changes to the Customer Charges and fees tariff established by concerned governmental authorities from time to time. You will be advised of the Charges which will apply to a Transaction you request before the Transaction is completed and given an opportunity to cancel it if you do not agree with such Charges. However, tiqmo shall not reimburse you for any Charges which you have accepted, except where a Transaction is reversed in the circumstances described in clauses 9.1.3 to 9.1.5 above. You may check the balance on your Account at any time using any then-available interfaces on the Digital Channels.

12.2        To the extent permitted by Applicable Laws, we may set off against your balance in your Account or debit your funding instrument for any obligation you owe us under this Agreement, including without limitation any fees or Charges (“Deductions”). All Deductions are charged at the time we process a Transaction and are deducted first from the transferred or collected funds and thereafter from your balance. If you owe us an amount that exceeds your balance in your Account, we may charge or debit the funding instrument or you will pay us the full amount of the outstanding Deductions upon receipt of our invoice. you will be liable for and pay us upon invoice all costs associated with collection in addition to the amount collected, including without limitation attorneys’ fees, court costs, collection agency fees, and any applicable penalty.

12.3        In the event there is an error in the processing of any Transaction, you authorize us to initiate debit or credit entries to your Account to correct such error, provided that any such correction is made in accordance with Applicable Laws.

12.4        You are responsible for determining and/or paying any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for our performance or use of the Services, your use of the App, the sale or purchase of any products or services, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives (“Taxes”).

13.          License and Right to Use 

13.1        Otherwise than as expressly stated in this Agreement, no rights in or license to any intellectual property rights (including any patents, designs, know how, trademarks or copyright) of either party are granted, transferred or implied by the Agreement.

13.2        tiqmo grants you a personal, limited, revocable, non-exclusive, and non-transferable license to access and use the Services and Wallet Application only as expressly permitted in this Agreement and for the duration of this Agreement.

13.3        Any violation by you of this Agreement shall be deemed to be also a breach by you of the license granted by tiqmo under clause 13.2 and may result in the immediate termination of this Agreement and/or your right to use the Services, as well as potential liability for copyright and other intellectual property rights infringement.

13.4        You hereby irrevocably grant tiqmo a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use any Content that you choose to submit via the Services (such as, without limitation, feedback and comments), and all intellectual property rights therein for any purpose or use by tiqmo. For the purpose of this Agreement, “use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third-party services, allow their users and others to do the same. You grant tiqmo the right to use the name or username that you submit in connection with the Services. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution against any third-party services and tiqmo’s and its users with respect to any Content you submit through the Services.

13.5        You will indemnify and hold tiqmo and its employees, officers, directors, and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any claim, allegation, proceeding, or action relating to the Content that you submit through the Services.

14.          Assignment

14.1        The Services are provided exclusively for the registered Customer; accordingly, the Customer may not assign or transfer this Agreement to any third party. tiqmo may assign, novate and/or unilaterally transfer the Agreement to an Affiliate or to any successor company (whether by merger, consolidation or otherwise) without the prior written consent of the Customer, upon written notification.

15.          Termination and Discontinuation

15.1        tiqmo may, at any time (a) block, restrict and/or suspend your use of your Account, the Services and/or Wallet Application without notice, and/or (b) terminate this Agreement immediately effective on notice provided through the Digital Channels, in each case for any reason or no reason, including if you violate this Agreement or tiqmo suspects fraudulent activity and/or money laundering, financing terrorism or your use of Services is neither fair nor legitimate. You agree tiqmo will not be liable to you or any third party for doing so.

15.2        You may terminate the Agreement in respect of the Services at any time for convenience by discontinuing your use of the Services and uninstalling Wallet Application, (including in circumstances where tiqmo has modified or updated the Agreement in a manner that you do not agree with) by giving a prior reasonable notice to tiqmo in writing or through any interfaces on the Digital Channels which tiqmo makes available expressly for this purpose.

15.3        If you or tiqmo terminate the Services, you will be required to first redeem any remaining stored value in your Account by a) through applicable channels provided by tiqmo. b) funding-out to a bank account or as advised by tiqmo Contact Centre.

15.4        If you lose access to your mobile phone account and/if the mobile number is assigned to another user tiqmo will cease your account and move it to a suspended status. you will have the right at any time to reclaim your account and all the stored value by using a valid mobile number to reclaim your account. In this case you may:

(a)           register a new account, retrieve your old account and continue to enjoy the Services; and

(b)          register a new account, retrieve your old account, redeem the remaining stored value and terminate the Services.

15.5        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 Services, or in connection with any termination or suspension of the 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 through the date of termination with respect to the Services; and (d) your access to the App will be terminated. In addition to any payment obligations under this Agreement, and any other terms which by their nature will survive the termination or expiration of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement.

16.          Third Parties Websites & Services

16.1        We may display, include, or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

                Third-Party Services and links thereto (if any) are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

16.2        This Agreement applies only to the Services. All third parties are not operated or controlled by us. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, tiqmo’s Wallet Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

16.3        All third-party services or products will be subject to terms and conditions of relevant service provider(s) and you agree to such terms and conditions available to review on the website or Third-Party Platform (as applicable).

16.4        We are neither responsible for any failure (technical or otherwise) of the Third-Party Platform nor your inability to use the Third-Party Platform for any Transaction nor for the performance or non-performance of the Third-Party Platform and/or any services to be rendered by them. We disclaim all liabilities of whatsoever kind in this respect.

16.5        In the event of a conflict between any terms and conditions of a third party and the terms and conditions of this Agreement, the terms and conditions of this Agreement will prevail over the conflicting terms and conditions of such third party.

17.          Waiver

17.1        You acknowledge that in entering into this Agreement you have not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Agreement) made earlier by or on behalf of tiqmo. You hereby waive all rights and remedies which, but for this clause 17.1, might otherwise be available to you in respect of any such representation, warranty, collateral contract or other assurance.

17.2        You agree that no failure or delay by tiqmo to enforce, or exercise, or any partial, single or defective exercise or enforcement or, any right, remedy, power or privilege given to tiqmo pursuant to this Agreement shall constitute a waiver or partial waiver of any such right, remedy, power or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power or privilege at any subsequent time.

18.          Complaints Handling Process

18.1        If you wish to make a complaint about the Services, you can make a complaint by notifying us by contacting tiqmo Contact Centre. We will ensure that all complaints are handled and addressed in a fair and timely manner. We will communicate with you regarding your complaint within a period of seven (7) calendar days (or as required by Applicable Laws) from the date of receipt (unless you notify us that the complaint has been resolved). We will respond to you with a decision regarding your complaint within five (5) Business Days from the date we receive the complaint pursuant to Applicable Laws.

19.          Governing Laws & Dispute Resolution

19.1        This Agreements is construed and governed by the laws of the Kingdom of Saudi Arabia.

19.2        This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed and interpreted in accordance with the laws of the Kingdom of Saudi Arabia. All disputes arising from or related to this Agreement shall be determined in accordance with the dispute resolution procedures established by SAMA from time to time.

20.          Partnership

20.1        Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between you and us or our Affiliates. Further, neither party shall be deemed to be an agent or representative of the other by virtue of this Agreement. Neither party is authorized to, or will attempt to, create, or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other party.

20.2        Without limiting the generality of the foregoing, neither party will enter any contract, agreement, or other commitment, make any warranty, or guaranty, or incur any obligation or liability in the name of or otherwise on behalf of the other party.

21.          Severability

21.1        If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable Laws and the remaining provisions will continue in full force and effect.

22.          Amendments

22.1        We have the right to revise and amend the terms and conditions from time to time subject to a prior written notice of thirty (30) days. Your continued use of or access to our App and/or initiating a Transaction following the posting of any changes within thirty (30) days to these terms and conditions constitutes your acceptance of those changes.

22.2        You acknowledge that it is your responsibility to immediately discontinue use of the Services if you do not agree to any update or modification to this Agreement.

 

23.          Entire Agreement

23.1        This Agreement, including without limitation the Policies, Privacy Policy and Payment Cards terms and Conditions 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.

24.          Language

24.1        The Arabic language of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any. Any other language versions of this Agreement are provided for convenience only.

 

 

 

PAYMENT CARDS TERMS AND CONDITIONS

Unless defined in these Payment Cards Terms and Conditions, all capitalized words used shall have the meaning given to them in tiqmo Wallet User Agreement. In the event of any conflict between the terms of tiqmo Wallet User Agreement and these Payment Cards Terms and Conditions, the terms of tiqmo Wallet User Agreement shall prevail over these Payments Cards Terms and Conditions.

1.            Upon setting up your valid and active Account, you will automatically be entitled to choose your virtual payment card linked to your Account. You hereby agree and accept that we issue such virtual payment card of your choice. 

2.            Your virtual payment card will be activated automatically in accordance with these Payment Cards Terms and Conditions (Card Terms), and by automatic activation you will be accepting the Card Terms.

3.            The same terms of the preceding two sub-sections apply to any supplemental virtual payment cards issued by tiqmo upon your request linked to your Account/Wallet. These Card Terms shall also apply to the use of any supplementary virtual payment card(s).

4.            You are eligible to apply for a physical payment card, in addition to a virtual payment card (Collectively Payment Card or Payment Cards (as applicable)). All Payment Cards will be linked to your Account/Wallet and will be issued with no balance. The balance in your Wallet will be linked to your Payment Card.

5.            To use your Payment Card, you must first create a password number (PIN) for activation of Payment Card.

6.            On receipt of the physical Payment Card through an authorized courier company, you shall immediately sign the physical Payment Card in the signature section located on the reverse of the physical Payment Card. You can activate your physical Payment Card by logging in to your Account/Wallet and entering the last four (4) digits of your physical Payment Card.

7.            Your Payment Card is of direct debit nature from the amounts available on the Payment Card. You can monitor the status, balance, and transactions of your Payment Card via Wallet/App.

8.            Unless stated otherwise on a Payment Card, each Payment Card will be valid for a specified period of time. You can renew your Payment Cards through the App upon expiry for further five-year period unless you cancel your Payment Card in accordance with clause 9 below.

9.            You have the right to request cancellation of your Payment Card free of additional charges as follows (if issuance fees apply, such fees will not be reimbursable): within ten (10) calendar days of the date of issuance of the Payment Card by tiqmo. After the ten (10) day period referred herein has expired, you may cancel your Payment Card at any time, but you must give tiqmo at least forty-five (45) days’ prior notice  before any applicable fees (as shown/displayed on App) are due to avoid being charged the fee for the applicable year.

10.          If a Payment Card is not used for a period of three (3) months from the date of issuance, you agree and acknowledge that tiqmo can cancel your Payment Card.

11.          If tiqmo makes any changes to these Card Terms (excluding any applicable fees, which remain fixed for the term) you may cancel your Payment Card within immediate effect during the applicable notice period given by tiqmo under section 21 (Amendments) of tiqmo Wallet User Agreement. The notice period provided by tiqmo for any changes will ordinarily be thirty (30) days before the relevant change comes into effect, unless:

 

(a)          the change needs to be implemented sooner in order to comply with Applicable Laws; and

(b)          the changes should be implemented with immediate effect for the best interest of you and us.

12.          In such circumstances we will notify you as soon as possible. If you cancel your Payment Card in accordance with this section you will not be charged a fee (if applicable) for the relevant Payment Card provided you have cancelled before the next fee becomes due and payable, even if there is less than forty-five (45) days before fee due date.

13.          Where you become bankrupt, all existing amounts outstanding on the Payment Card shall become due and payable immediately under these Card Terms, and any holders of a supplementary Payment Card must immediately stop using the supplementary Payment Card and return it to us.

14.          Any remaining balance on your Payment Card will correspond to the balance of your Account/Wallet.

15.          Cancellation may be requested by notifying tiqmo in writing contacting tiqmo Contact Centre or through App following the cancellation instructions set out on App.

16.          You may cancel a supplementary Payment Card by giving a written notice to tiqmo Contact Centre. These Card Terms shall remain in force in relation to the cancelled supplementary Payment Cards until the amounts due on all supplementary Payment Cards transactions are paid to us.

17.          If you fail to comply with these Card Terms, we are entitled to terminate these Card Terms with immediate effect, and you will be required to pay all outstanding amounts owed to us. You will be responsible for all expenses, fees and costs incurred by us, including legal fees incurred in obtaining payment from you.

18.          We may also cancel a Payment Card with immediate effect by giving written notice (which includes electronic communication) to you in the event of any actual or suspected breach of the Agreement by you, or any misuse of any Payment Card. If you have multiple Payment Cards and/or supplementary Payment Cards linked to your Account/Wallet we may, at our discretion, cancel such other Payment Cards linked to your Account/Wallet without refunding fee applicable to Physical Card.

19.          Upon cancellation of your Payment Card(s), you must (where applicable) destroy your cancelled physical Payment Card and dispose of it at your own responsibility minding any environmental requirements.

20.          You must pay all fees or Charges in respect of your Payment Cards. As shown/displayed on App, we will charge you fees (where applicable) for a Payment Card at the point that a Payment Card is issued to you.

21.          The applicable fees or Charges on the date that you entered into your Agreement with us will be shown/displayed on App. These are payable in addition to any other fees and Charges as may be payable in respect of your Account, your use of tiqmo Services as may be specified under the terms of this Agreement or any fees and/or charges that may be payable to third party payment platforms when you make purchases with a Payment Card via such third-party payment platform.

22.          All fees quoted are exclusive of applicable Value Added Tax (VAT) and any other indirect taxes, as may be applicable. You shall be responsible for any applicable taxes in accordance with terms of the Agreement.

23.          If you use your Payment Card for a cash withdrawal or a purchase in a foreign currency and have sufficient SAR balance on your Payment Card, you will bear any differences resulting from the fluctuation of the Exchange Rate.

24.          You will be responsible for all obligations arising out of purchases made via your Payment Card. If when purchasing Goods and Services online the merchant website requests a security code/one time password, this will be sent to you using the mobile number that you have registered with tiqmo.

25.          Payment Cards can be used to purchase Goods and Services through websites and points of sale that accept the scheme of your Payment Card, eligible third-party payment platforms including Apple Pay, Mada Pay, or any other electronic wallets as may be available.

26.          You undertake that you will not permit or authorize any other person to use the Payment Cards and will safeguard the Payment Cards and any personal identification number issued at all times and keep them under your personal control.

27.          You must notify us immediately if you become aware of any disclosure of or access to your Payment Card by any third party.

28.          You are required to keep your contact details up-to-date and shall immediately notify us of any change in your contact details by contacting us as prescribed in this Agreement.

29.          We shall not be responsible for any provider that refuses to accept the Payment Cards. We shall not be in any manner responsible for the Goods and Services that are provided to you, and you must contact the provider directly to resolve any issues with Goods and Services provided to you by a provider.

30.          You are not permitted to use the Payment Cards for any illegal purpose, including the purchase of Goods and Services that are prohibited under the laws of the Kingdom of Saudi Arabia. If you use the Payment Cards for any illegal purpose, we will have the right to cancel the Payment Cards and any supplementary Payment Cards and you must pay all outstanding amounts immediately.

31.          You shall not exceed the payment limit set by us as described in clause 32 below.

32.          The payment limit for any Payment Card linked to your Account/Wallet shall be the amount available on the corresponding Payment Card, and you acknowledge and agree not to exceed the limit when using the card. You can check your Payment Card balance at any time by logging into your Account/Wallet via App.

33.          We shall not be responsible for any loss or damage arising, directly or indirectly, from any malfunction/failure of a 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 party to this contract nor do we assume any responsibility or liability arising out of or in connection with such contract.

34.          In the event that a Payment Card is lost, stolen or damaged, or you otherwise become aware of any unauthorized access or use, you must immediately inform us via App. You can also contact tiqmo Contact Centre.

35.          We may issue you a new Payment Card in the following circumstances:

 

(a)          You have reported a physical Payment Card “where applicable” as lost, stolen or damaged;

(b)          A Payment Card has been invalidated on the suspicion of a fraud or a suspicious transaction;

(c)           A Payment Card is accessed or used by someone other than you;

(d)          The validity period of the Payment Card as set out in clause 8 of the Card Terms is due to expire;

(e)          As a result of technical, operational or technological enhancements (including system enhancements); or

(f)           In order to comply with any Applicable Laws in KSA.

 

36.          You shall be liable for the fees mentioned in these Card Terms if we issue you with a replacement Payment Card for any of the reasons set out in clauses 35 (a) to (c) (inclusive) of these Card Terms.

37.          You shall have the right to accept or reject the replacement Payment Card issued to you in accordance with section 35 of these Card Terms provided you will have been deemed to have given your consent where:

 

a)            You do not expressly object to the new Payment Card within ten (10) calendar days from the date of issue of the replacement Payment Card; or

b)            You activate the Payment Card as required by us or otherwise use the replacement Payment Card to undertake transactions in your Account/Wallet.

 

38.          Without prejudice to the foregoing, if any transaction you make (including any applicable transaction fees) results in your Payment Card balance being less than zero and there are insufficient funds in your Account, your transaction will be rejected and tiqmo shall have the right to recover the outstanding monetary liability from you arising out of the Payment Card transaction. tiqmo shall also have the right to cancel your Payment Card upon or after an outstanding amount is recorded and/or for an overdue fee, with you taking full responsibility arising due to use of your Payment Card in violation of provisions of this clause.

39.          All information that you provide to us in order that we may issue you with Payment Card must be current, complete and accurate. You will promptly notify us of any changes to your contact details (including address, phone numbers and email address) or other information that you provide to us under this Agreement. If you fail to promptly notify us, we may (at our discretion) suspend your Payment Card(s).

40.          You authorize us to send your data declaration and account details to the concerned authorities. You further authorize us to obtain and/or disclose to the concerned authorities such information as may be required by us (at our discretion) to prove, review, or manage your Account and the Payment Card.

41.          tiqmo will cancel all Payment Cards linked to your Wallet in case of Wallet closure. 

 

Category	Service	Fee
Local Transfer	tiqmo to Bank Transfer (ANB) tiqmo to Bank Transfer (Other Banks)	5.75 SR incl VAT 5.75 SR incl VAT
International Card Payments	International Card Payments Exchange rate	1.70%
Card issuance	Classic Card Issuance Additional Card Card Replacement	34.50 SR incl VAT 34.50 SR incl VAT 50.00 SR incl VAT
ATM withdrawal	Arab National Bank (ANB) Withdrawal Local ATM Withdrawal (Other Banks) International ATM Withdrawal (Mastercard) GCC ATM Withdrawal	Free 5.75 SR incl VAT 28.75 SR incl VAT TBC
Card Services	Wrong Dispute  Balance Check	86.25 SR incl VAT 1.84 SR incl VAT
International Remittance	International Transfer Fee	TBC