Wallet Services - Terms and Conditions
1. These terms
1.1 The Agreement; Mobile Wallet Services – Terms and Conditions. These Wallet Services – Terms and Conditions (including all Policies) (the "Agreement"), each as may be modified from time to time, apply when You register for a Wallet Account or opt for using the Wallet Services with STC Pay which enables You to make payments for purchasing products and/or services. In these Terms, “You”, “Your” and “Their” refer to the user of the Wallet Services and “We,” “Us,” “Our,”, “Saudi Digital Payments Company” or “STC Pay” refer to the provider of the Wallet Services.
1.2 Why You should read them. These terms tell You who We are, how We will provide the Wallet Service to You, how You and We may change or end this Agreement, what to do if there is a problem and other important information.
1.3 Eligibility. You may not use the Wallet Services and may not accept the Agreement if:
(a) You are not of legal age to form a binding contract with Us and operate the Wallet Services; or
(b) You are a person barred from receiving the Wallet Services under the laws of the Kingdom of Saudi Arabia.
1.4 Provision and Language of the Agreement
(a) A copy of the Agreement, as amended from time to time, is available to You on the App. In order to use the Wallet Services, You must first accept the Agreement. This Agreement forms a legally binding agreement between You and STC Pay. You can accept the Agreement by clicking to agree to the Agreement through the App.
(b) Throughout the duration of the Agreement, You may request to be provided with the Agreement, and a link to the Agreement will be sent to Your email address free of charge.
(c) The Agreement will be provided to You in Arabic or in English, as chosen by You.
(d) Your relationship with Us will be governed by the language version of the Agreement that You select. If You have selected the Arabic version, Our relationship will be governed by the Arabic version. If You have selected English, then Our relationship will be governed by the English version.
1.5 The Wallet Services. This Agreement applies to Your use of the Wallet Services. Our Wallet Service enables users to use a digital wallet to cash-in, pay for goods and services, withdraw / redeem funds in Your wallet and transfer funds both within the Kingdom of Saudi Arabia and internationally.
1.6 Device eligibility. You are required to have an eligible device in order to use the Wallet Service. We, at Our own discretion, shall determine which devices are eligible to be used with the Wallet Service. Devices that have been unlocked in an unauthorised fashion or otherwise modified may not be eligible to use the Wallet Services.
2. Information about Us and how to contact Us
2.1 We are Saudi Digital Payments Company, a company registered in the Kingdom of Saudi Arabia, whose registered office is at Pavilions Community, Ad Dariyah, Riyadh 13714, Kingdom of Saudi Arabia.
2.2 You can contact Us by telephoning Our customer service team at 920011444 or by writing to Us by email or through the chat facility on the App.
2.3 If We have to contact You We will do so by telephone, email, Appchat facility, chat bots or other method in Our discretion.
3. Defined Terms
3.1 The following defined terms appear in this Agreement:
"Affiliate" means a third party or one owned or controlled by Us or any entity controlled by, in control of, or under common control with Us.
"App" means the STC Pay Wallet Services App.
"Application" means Internet or mobile-based services and applications.
"Available Balance" means the amount labelled as such on the App reflecting the total amounts transferred to Your Wallet Account within the Recharge Limit, and is the balance of funds you can use from Your Wallet Account in accordance with this Agreement.
"Business Day" means any day other than a Friday or Saturday or a public holiday in the Kingdom of Saudi Arabia.
"Credentials" means Your password and access keys.
"Current Balance" means the amount labelled as such on the App reflecting the sum of Your Available Balance and any other amounts transferred to Your Wallet Account exceeding the Recharge Limit.
"Cut Off Time" means the last time for making or receiving payments under the relevant payment scheme.
"Multiple Payment" means a payment authorization given by You to a merchant to charge Your selected payment method variable amounts over a specified time period.
"Policies" means all applicable policies, notices, procedures, specifications, FAQs, guides and guidelines that are provided or made available to You, appear on the Apps or are referenced in this Agreement.
"Provider" means third party service providers enrolled in the Wallet Services.
"Recharge Limit(s)" means the limits of funds that You can transfer in a period of time to Your Available Balance, as set by STC Pay from time to time, in Your Wallet Account, including but not limited to recharge transfers, cash-in, reversals and any other forms of transfers into Your Wallet Account. Currently, the recharge limit is SAR 5,000 per month.
"Recurring Payment" means a payment authorization given by You to a merchant to charge Your selected payment method at regular intervals for fixed or variable amounts over a specified time period.
"SAMA" means the Saudi Arabian Monetary Authority.
"SAR" means Saudi Arabian Riyals.
"Split Payment" means a payment authorization given by You to a merchant for the full amount of a single order containing more than one item, permitting merchant to charge Your selected payment method for each such item separately at the time the item or service is shipped or fulfilled.
"STC Pay Materials" means any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including the Specifications and any integration guides) developed and provided by Us or Our Affiliates to You for download from the App. STC Pay Materials do not include any software, data or other materials specifically made available by Us or Our Affiliates under separate license terms or that were created by a third party, including without limitation software provided under an open source license.
"Wallet Account" means the account You open with STC Pay for the use of the Wallet Service.
"Wallet Services" means the wallet and payments services We provide under this Agreement and as described in paragraph 1.6.
4.1 To use the Wallet Services, You must complete all required information elements on the STC Pay registration process and open up a Wallet Account with Us.
4.2 You must be at least 18 years old to open a Wallet Account for the use of the Wallet Services. STC Pay may open a Supplemental Wallet at Your request for the use of persons under the age of 18. You will be fully responsible for the use of any Supplemental Wallet which STC Pay will treat as forming part of Your Wallet Account. If You wish to cash-in or cash-out from Your Wallet, You may do this through a valid funding instrument (as we may determine from time to time), although this is not mandatory. The Funding Instrument must be associated with a billing address in the Kingdom of Saudi Arabia.
4.3 You must provide current, complete and accurate information and maintain it as current and accurate during Your use of the Wallet Services. You agree to provide any information that We may require or that may be required by law or Our financial institutions to provide the Wallet Services. You will promptly give Us all documents and other evidence that We reasonably ask for at any stage of using the Wallet Services. We may require You to provide additional information to verify Your identity as a condition of providing the Wallet Service to You or before We permit You to make payments or receive or redeem funds from Your Wallet Account. You agree to provide such information as STC Pay may require in this regard, including information necessary to validate Your identity or confirm the authenticity of any Funding Instrument that You register for use with STC Pay.
4.4 We may make, directly or through any third party, any inquiries We consider necessary to validate information that You provide to Us, including without limitation checking commercial databases or credit reports. While We will take steps to verify the identity of Our users, We cannot and do not guarantee any user identity.
4.5 If You do not meet Our eligibility requirements, You may not be able to register and open a Wallet Account with Us or Your use of the Wallet Service will be limited.
4.6 We treat all activities in respect of a Wallet Account to be those of the registered user. You must only use the Wallet Services to transact on Your own account and not on behalf of any other person or entity.
4.7 You must update registration information promptly upon any change so that it is at all times complete and accurate. We reserve the right to refuse to provide or discontinue the Wallet Service to any person or entity at any time for any reason.
4.8 Your mobile telephone number and a password that You select will be used to access Our App and for communications with You. You also may be prompted to answer several security questions or select other issued security access keys or credentials that may be used to enable access to the Service and authorize transactions. You are responsible for maintaining the secrecy and security of Your Credentials. You should not disclose Your Credentials to any third party. If any of Your Credentials is compromised, You must notify Us immediately by using the methods specified in paragraph 2.2 above so that We can suspend use of Your Wallet Account with Our Wallet Service in order to avoid unauthorized transactions. You must also notify Us through the method described in paragraph 2.2 above if You wish to request Us to unblock Your Wallet Account. You will not be financially responsible for any use of Your Wallet Account by an unauthorized person due to the loss or compromise of Your Credentials occurring after You properly notify Us of the loss or compromise, unless You act fraudulently.
5. Wallet Account
5.1 Your Wallet Account will enable You to:
(a) access Point of Sale machines to load Your wallet using debit cards;
(b) access Point of Sale machines to load Your wallet using credit cards;
(c) access certain cash and deposit machines to enable You to load Your wallet with funds;
(d) transfer funds from Your bank account, debit card or credit card to Your wallet;
(e) transfer funds from Your wallet Available Balance to bank accounts held in the name of a third party (including where that third party is located outside of the Kingdom of Saudi Arabia);
(f) manage Your payroll by transferring funds to Your employees;
(g) access the Saudi Arabian Riyal Interbank Express (SARIE) system so that You can transfer funds inter-bank i.e., from Your wallet to an account held by a third party with a bank in the Kingdom of Saudi Arabia other than STC Pay;
(h) access the SADAD Payment System to pay bills to a Provider; and
(i) wallet to wallet transfers.
5.2 Your Wallet Account is an e-money account. You acknowledge that Your Wallet Account is not a bank account. There is no overdraft facility available on Your Wallet Account.
5.3 STC Pay is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that STC Pay may provide a new service from time to time without prior notice to You. We will provide You with any revised Agreement resulting from the introduction of a new service by email or by providing a link to the updated Agreement during sign-up.
5.4 You acknowledge and agree that STC Pay may stop providing the services to You as provided in the Agreement. You may stop using the services at any time. You do not need to inform STC Pay when You stop using the services.
5.5 You acknowledge and agree that STC Pay may establish general practices and limits concerning the use of the Wallet Services without prior notice to You, including without limitation individual or aggregate transaction limits on the value or number of transactions during any specified time period(s) and Recharge Limits. In addition to any applicable account limits and Recharge Limits, We may restrict transactions to or from Your Wallet Account or limit access to Your wallet in such amounts and for such time as We reasonably deem necessary to protect Us or other users if (a) We are subject to financial risk, (b) You have violated any term of this Agreement, (c) any dispute exists involving Your Wallet Account or transaction conducted in connection therewith, or (d) needed to protect the security of Our systems. We may restrict access to Your Wallet Account while We complete any pending investigation or resolve a pending dispute. We also may hold the funds in Your Wallet Account as required by law or court order or if otherwise requested by law enforcement or any governmental entity. For the facilitation of the foregoing, Your Wallet Account will show the Current Balance and the Available Balance. You will only be able to use funds showing in your Available Balance for payments and transfers from Your Wallet Account. Amounts in Your Current Balance exceeding the Available Balance may not be used for payments and transfers from Your Wallet Account and they will automatically and gradually be transferred to Your Available Balance as soon as the Recharge Limit(s) permit doing so, otherwise, You may request the transfer of the full Current Balance to a bank account You own upon the closing of Your Wallet Account. STC Pay may decline any request to load Your Wallet Account while the Recharge Limits are reached.
5.6 STC Pay may refuse to execute any transactions or orders or other use of the services if STC Pay has reasonable grounds to suspect fraud, a breach of the applicable Agreement by You or a violation of law. Transactions may also be delayed due to STC Pay's or a third party's compliance with its obligations under applicable anti-money laundering legislation, including if STC Pay or the relevant third party suspects the transaction involves fraud. In the event that STC Pay refuses to execute a transaction or order or other use of the services, You will be notified, unless it is unlawful for STC Pay to do so, or would compromise reasonable security measures.
5.7 Funding, payments and transfers are displayed in Your Wallet Account and You should check Your wallet 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 paragraph 2.2 above.
5.8 Except for Our role in offering the Wallet Services, We are not involved in any underlying sales transaction between You or any other user or Provider. The availability of payment methods may vary depending on the webApp You make purchases on. Providers may enable access to the Wallet Services for the purpose of initiating transactions that are authorized by other users through Their Applications. In this limited capacity, We are neither the buyer nor the seller of the items or services the merchant offers for sale and are not a party to the sales contract. We will not mediate disputes between You and Providers or enforce or execute the performance of any sales contract.
6. Prohibited Payments
6.1 We reserve the right to impose acceptable use terms in relation to the operation of Your Wallet Account and the provision of any Wallet Services including the prohibition of certain categories of transactions for example payments in relation to gaming, cryptocurrencies such as Bitcoin and all other virtual currencies by specifying these on the App.
6.2 You must not use Your Wallet Account for any illegal purposes including without limitation fraud and money laundering. If You conduct or attempt to conduct any transaction in violation of the prohibitions STC Pay reserves the right to reverse the transaction, and/or close or suspend Your Wallet Account and/or report the transaction to the relevant law enforcement agency and/or claim damages from You.
7. Funding and Receiving Payment
7.1 Funds paid by You or a third party will be credited to Your Wallet Account on the Business Day they are received. If We receive funds after the Cut Off Time on a Business Day or on a day that is not a Business Day, funds will be deemed to have been received on the next Business Day. We shall not be responsible for the funds until they are received by Us.
7.2 In the event that the funds are subject to a reversal, We will deduct such reversed transaction from the balance of Your Wallet Account. If Your Wallet Account balance is insufficient to cover the reversal, We reserve the right to require repayment from You.
7.3 You should regularly reconcile incoming payments with Your own records. You should be aware that the crediting of funds to Your Wallet Account does not mean that these transactions cannot be reversed. We reserve the right to reverse a payment where the payer or the payer’s bank or payment service provider has reversed (or is reasonably likely to reverse) a payment to Your Wallet Account.
7.4 All payments to Us must be ascribed a clear and complete reference so that We can credit the funds into Your Wallet Account. Further details as to what references must be used are set out on the App.
7.5 It is Your responsibility to ensure that accurate, complete and correct references are ascribed for each incoming payment so that We can credit the funds into Your Wallet Account. If no reference or an incorrect reference is provided then We 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 Wallet Account.
8. Sending Payments
8.1 We will consider any instruction for a payment transaction to have been authorised by You once You have given Us consent to carry it out. You consent to making a payment by following the on-screen prompts when using the App and using one of the tools We make available for You to confirm payments.
8.2 For the purposes of this Agreement, sending payments from Your Wallet Account means either making payments from Your Wallet Account to third party beneficiaries or Providers, instructing funds in Your Wallet Account to be transferred to another account in Your name with a third party or withdrawing funds in cash.
8.3 We will send payments in accordance with Your instructions to third party beneficiaries or another account held in Your name that You specify to Us in accordance with Your instructions. When making payments to yourself and not to a third party beneficiary, We will only make a payment to a bank account or to debit or credit card where You are the named holder of such account.
8.4 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.
8.5 This includes but is not limited to providing Us with correct details for the beneficiary to which You would like the payment sent. If You provide incorrect beneficiary details We will not be liable for any loss You incur, although We will use reasonable efforts to assist You in the recovery of Your payment. We reserve the right to charge You a fee to cover Our reasonable costs for doing this.
8.6 You are required to provide Us with any additional information that We request with regard to a payment within two (2) Business Days of Our request. You consent to Us including Your full name, address and account number (and any other details as are required to enable Us to comply with Our anti money laundering procedures) on the payment details to be sent to the beneficiary's bank or payment service provider to comply with anti-money laundering regulations. If You instruct Us to make payment to a new or an existing beneficiary, and Your beneficiary account details are provided via an oral instruction (such as by telephone, video conferencing or other similar means) or otherwise by a communication that is not in writing then We will send You an email containing the beneficiary account details You have provided.
8.7 You may revoke or cancel a payment instruction for a future outgoing payment transaction at any time prior to payment execution through the App. You are responsible for confirming via the App that a payment instruction has been received and processed by Us. We are not liable for any loss in circumstances where erroneous duplicate payment instructions are sent to Us by You.
8.8 If STC Pay receives 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.
8.9 You must notify Us by telephone or in writing as soon as is reasonably practicable after You become aware of any unauthorised or incorrectly executed payments. In order to claim a refund for an unauthorised or incorrectly executed payment transaction on Your Wallet Account You must notify Us without undue delay after becoming aware of the unauthorised or incorrect transaction. STC Pay will not be liable for unauthorised or incorrectly executed payments where You have failed to provide prompt notice of such matters.
8.10 International money transfers often require funds to be transmitted between multiple intermediaries beyond Our own direct payment service providers. These intermediaries or the beneficiary bank may deduct a charge. You acknowledge that these charges cannot always be calculated in advance and that You agree to be responsible for such charges. STC Pay will not be liable for losses that result from such charges being applied to Your payment.
8.11 STC Pay may refuse Your payment instruction because for example You are in material breach of this Agreement or We reasonably believe the payment to be unlawful. In these circumstances We shall notify You using Your supplied contact details, stating wherever possible the reasons for Our refusal, and the procedure for rectifying any payment detail errors that led to the refusal but We reserve the right to charge You a fee to cover Our reasonable costs for doing this. We are not obliged to notify You of Our refusal to execute the proposed transaction where We reasonably believe that such a notification would be unlawful.
9. Making Payments
9.1 Our Wallet Service permits You to authorize payments to merchants and billers directly. The actual payment will not be completed until the merchant or service provider processes Your payment authorization with Us. A merchant or service provider may delay processing Your authorization. The payment authorization will be held with Us until the transaction is completed.
9.2 You may preauthorize merchants or billers to charge Your selected payment method using Recurring Payment, Multiple Payment or Split Payment. Multiple Payment may be used only for multiple payments which are not Recurring Payments. You may cancel or stop a Recurring Payment or a Multiple Payment at any time by logging into the “Your Account” portion of Our App and cancelling the authorization listed in “Account Settings”. The charges applied by a merchant for a Split Payment may not exceed the full amount of the order You agreed to pay.
9.3 You are entitled to a refund of the full amount of any payment transaction authorized by You and initiated by or through a merchant, provided the following conditions have been met (a) the authorization given to the merchant did not specify the exact amount of the transaction at the time the authorization was made, (b) the amount of the transaction exceeded the amount that You could reasonably have expected, taking into account Your previous spending patterns and this Agreement, and (c) You make the request for a refund as soon as possible and within the timeframe notified to You by STC Pay for the use of the Service. We reserve the right to request further information to ascertain whether these conditions have been satisfied. If You receive a refund for a purchase but You fail to return the product to the merchant, We may charge You for the product consistent with the original order.
9.4 In case of a non-executed or defectively executed transaction, We will rectify the error subject to the terms of this Agreement. In this case, We will refund Your Account with the amount of the non-executed or defectively executed transaction without undue delay and take any other action necessary to restore the account in the state in which it would have been had the defective transaction not taken place. We will make efforts to trace the transaction and will notify You of the outcome.
10.1 You will comply with any technical and operational specifications provided or made available by Us with respect to the Wallet Service (the “Specifications”). We reserve the right to update or modify the Specifications at any time. Prior to making Your webApp or service generally available for commercial use with Our Wallet Service, You will test Your App or service to ensure that it operates properly with the Specifications. You will correct any material errors, defects or other non-compliance of which You become aware, including from review and test results provided by Us.
10.2 We may make modifications, updates or upgrades to Wallet Service, the STC Pay Materials, or Specifications. In such event, You will test and, if necessary, modify Your web App or service to ensure that it continues to operate properly with the then-current version of Our Wallet Service.
11. Payment Terms
11.1 You agree to pay all applicable fees whenever You use Our Service either directly with Us or Our Affiliates or through a Provider’s Application. STC Pay will notify You of the applicable fees from time to time. All fees are within STC Pay's discretion. If You use Our Wallet Services through a Provider’s Application, You are only responsible for the Fees associated with transactions that You authorize through that Application and for which the Provider notifies You that You are responsible when You register for or use the Application.
11.2 STC Pay reserves the right to change Our Fees at any time. Fees are assessed against the amount of the transactions, including all applicable charges (e.g., shipping, taxes, etc.). All e-money and all Fees, charges, and payments collected or paid through the Service are denominated in Saudi Arabian Riyal (SAR).
11.3 To the extent permitted by law, We may set off against Your balance in Your Wallet Account or debit Your Funding Instrument for any obligation You owe Us under this Agreement, including without limitation any Fees (“Deductions”). All Deductions are charged at the time We process a transaction and are deducted first from the transferred or collected funds and thereafter from Your Balance. If You owe Us an amount that exceeds Your balance in Your Wallet Account, We may charge or debit the Funding Instrument or You will pay Us the full amount of the outstanding Deductions upon receipt of Our invoice. You will be liable for and pay Us upon invoice all costs associated with collection in addition to the amount collected, including without limitation attorneys’ fees, court costs, collection agency fees, and any applicable penalty.
11.4 In the event there is an error in the processing of any transaction, You authorize Us to initiate debit or credit entries to Your Wallet Account to correct such error, provided that any such correction is made in accordance with applicable laws and regulations.
11.5 You are responsible for determining any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance or use of the Wallet Service, Your use of the App, the sale or purchase of any products or services, or otherwise in connection with any action, inaction, or omission by You or any affiliate of yours, or any of Your or Their respective employees, agents, contractors, or representatives (“Taxes”). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We and Our Affiliates are not obliged to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.
12. Term and Termination
12.1 This Agreement commences on the date that You make a purchase using the Wallet Service or register for a Wallet Account with Us on the App. The Agreement will continue unless and until terminated in accordance with the provisions of this Section 12.
12.2 Unless otherwise agreed in writing by You, You may terminate this Agreement at any time by contacting customer service 920011444 and closing Your Wallet Account. Upon closure of Your Wallet Account, any pending transactions will be cancelled.
12.3 Except as otherwise agreed in writing, We may terminate the Wallet Service and this Agreement, for any reason at any time by providing prior written notice to You. Without limiting the foregoing, We may suspend the Service and block access to Your Wallet Account (including without limitation the funds in Your Wallet Account) if (a) You have violated the terms of this Agreement, (b) We determine that You pose an unacceptable credit or fraud risk to Us, (c) You provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct, (d) We have security concerns regarding Your Wallet Account, including Your Credentials, or (e) We suspect unauthorized or fraudulent use of Your Wallet Account or any payment information in Your Wallet Account. In such cases We will inform You of the suspension of Your Wallet Account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless We determine giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate Your Wallet Account or Credentials, or replace it or them, as applicable, once We have resolved the reasons for suspension. You must notify Us through the methods specified in paragraph 2.2 above if You wish to request Us to reactivate Your Wallet Account.
12.4 We will not be liable to You for compensation, reimbursement, or damages of any kind, direct or indirect, including damages on account of the loss of prospective profits, anticipated sales, goodwill, or on account of expenditures, investments, or commitments in connection with Your use of the Wallet Service, or in connection with any termination or suspension of the Wallet Service. Upon termination of this Agreement for any reason: (a) You will remain liable for all fees, charges and other payment obligations that have been incurred through the date of termination with respect to the Wallet Service; and (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.
12.5 If after termination of the Agreement there are funds in Your Wallet Account, upon Your request, STC Pay will redeem the full amount of the outstanding e-money. You may request redemption of Your funds to be provided in cash or by transfer to Your bank account (in which case You will need to provide Us with Your bank account details). We will process redemption request within one month of receipt of Your request. STC Pay will do its best to provide redemption of the funds on Your Wallet Account by the method You have chosen, but retains a discretion to determine the method to be used based on the amount of funds that You hold.
13. Privacy; User Information
14.1 You represent and warrant to Us that: (a) You are eligible to register and use the Wallet Service and have the right, power, and ability to enter into and perform under this Agreement and grant the rights, licenses and authorizations You grant under this Agreement; (b) the name identified by You when You registered is Your name or the business name under which You sell products and services; (c) any sales transaction submitted by You will represent a bona fide sale by You as described on Your webApp or Application; (d) You will only use the Wallet Service to transact on Your own account and not on behalf of any other person or entity; (e) You and all transactions initiated by You will comply with all laws, rules, and regulations applicable to Your business, including any applicable tax laws and regulations; (f) You will not use the Wallet Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Wallet Service; (g) You are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the 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.
14.2 We and Our Affiliates (and Their licensors) make no express warranties or representations with respect to the provision of the Wallet Services.
14.3 In particular, we, and Our Affiliates (and Their licensors) do not represent or warrant to You that:
(a) Your use of the Wallet Services will meet Your requirements;
(b) Your use of the Wallet Services will be uninterrupted, timely, secure or free from error; and
(c) any information obtained by You as a result of Your use of the Wallet Services will be accurate or reliable.
14.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Wallet Services except to the extent that they are expressly set out in the Agreement.
15.1 Nothing in the Agreement will exclude or limit Our liability for losses which may not be lawfully excluded or limited by applicable law.
15.2 Subject to Section 15.1 above, we, and Our Affiliates (and its licensors), will not be liable to You for any:
(a) loss of profit;
(b) loss of goodwill or reputation;
(c) loss of business;
(d) loss of revenue;
(e) loss of data; or
(f) any indirect or consequential losses.
15.3 Subject to Section 15.1 above, we, and Our Affiliates (and its licensors), will not be liable to You for any loss or damage which may be incurred by You as a result of:
(a) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the App;
(b) any change which We may make to the Wallet Services, or any permanent or temporary cessation in the provision of the Wallet Services (or any features within the Wallet Services);
(c) malfunction of the Wallet Services;
(d) the deletion of, corruption of or failure to store any communications data maintained or transmitted by or through Your use of the Wallet Services;
(e) Your failure to provide Us with accurate account information; or
(f) any fraudulent use of the Wallet Services by You.
16.1 You will indemnify, defend and hold harmless Us and Our Affiliates (and Their respective employees, directors, agents and representatives) from and against any and all claims, costs, actions, suits, or demands and any related losses, damages, liabilities, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of Your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of Our Policies or Association Rules; (b) any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by Your trademarks used in connection with the Service or Your webApp or Application using the Wallet Service; (c) Your use of the Wallet Service; or (d) any transaction submitted by You through the Wallet Service.
17. General Provisions
17.1 This Agreement is in the Arabic and English language, and You agree that We will communicate with You communicate with Us in Arabic or English during the term of this Agreement. When You visit the App or send e-mails to Us, You are communicating with us electronically. We communicate with You via the App and the e-mail address We have on file for You. By registering for the Wallet Service and accepting the terms of this Agreement, You affirmatively consent to receive notices electronically from Us. We may provide all communications and information related to the Wallet Service and Your Wallet Account, including without limitation agreements related to the Wallet Service, amendments or changes to such agreements or any Policies, disclosures, notices, transaction information, statements, responses to claims and other customer communications that We may be required to provide to You by law (collectively, “Communications”) in electronic format. Communications may be posted to the App or sent by e-mail to the e-mail address We have on file for You, and all such Communications will be deemed to be in “writing” and received by and properly given to You. You are responsible for printing, storing and maintaining Your own records of Communications, including copies of this Agreement. This condition does not affect Your statutory rights, including the right to request a copy of this Agreement.
17.2 We may modify the terms of this Agreement, any Policy, or the features of the Wallet Service at any time. We will notify You of any updated Agreement or Policy by posting it to Our App. Any change to a Policy will be effective upon the earlier of posting to Our App or when otherwise communicated to You. Any other change to this Agreement will be effective sixty (60) days after the earlier of the date of posting to Our App or of Your receipt of Our communication regarding the change. If You do not agree to any change to this Agreement, any Policy or feature of the Wallet Service, You may terminate this Agreement and close Your account. You will be deemed to accept the changes to Policies if You do not terminate this Agreement after the earlier of the date the updated Policy has been posted to Our App or otherwise communicated to You, and You will be deemed to accept the changes to this Agreement (other than Policy changes) if You do not terminate this Agreement within 60 days after the earlier of the date the updated Agreement has been posted to Our App or otherwise communicated to You. You are at all times responsible for reading and understanding each version of this Agreement and Our Policies.
17.3 Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between You and Us or Our Affiliates. Further, neither party shall be deemed to be an agent or representative of the other by virtue of this Agreement. Neither party is authorized to, and will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other party. Without limiting the generality of the foregoing, neither party will enter into any contract, agreement or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other party.
17.4 You may not assign or transfer any rights, obligations, or privileges that You have under this Agreement without Our prior written consent. Subject to the foregoing, this Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.
17.5 To be effective, any waiver by a party of any of its rights or the other party’s obligations under this Agreement must be made in a writing signed by the waiving party. No failure or forbearance by either party to insist upon or enforce performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise constitutes a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
17.6 If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon Our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
17.7 This Agreement shall be governed by the laws of the Kingdom of Saudi Arabia. This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed and interpreted in accordance with the laws of the Kingdom of Saudi Arabia. All disputes arising from or related to this Agreement shall be determined in accordance with the dispute resolution procedures established by SAMA from time to time.
17.8 If You wish to make a complaint about the Wallet Service, You can make a complaint by notifying STC Pay's Customer Support Centre 920011444.
17.9 This Agreement, including without limitation the Policies, constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on Us unless set forth in writing and signed by Us.
17.10 By selecting the check box entitled “I have read, and I understand and agree to STC Pay's Wallet Service – Terms and Conditions,” You agree to all terms, conditions, and notices contained or referenced in this Agreement and You provide Your express consent.