Latest update: 22/04/2025
These terms and conditions form the Agreement between Pemo and you and shall be referred to as the “Agreement” or the “Card Terms and Conditions” and are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.
We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this Agreement. All amendments will comply with the applicable notice requirements in the Kingdom of Saudi Arabia that are in effect at that time and the regulations of the Saudi Central Bank (SAMA).
Your Pemo Account and Card is issued by Global Digital Financial Solutions Company (Neoleap), a Saudi company registered with the commercial registration in Riyadh under no. 1010679441 and licensed with license number (13/1442) dated 10/12/2020 and SAMA Licences 1234556787 and shall provide You with the Card Services as mentioned in the present Card Terms and Conditions.
By requesting for issuance of and / or using the prepaid card (the “Card”), You confirm and agree that you understand, accept and shall comply with these Card Terms and Conditions, and you understand and agree that the issuance of the Card to you is subject to your identity being successfully identified by the Card Program Manager and/or us in accordance with the policy and procedures notified to you at the time of issuance of the Card.
Pemo facilitates a payment service when a Card User uses the Card to make a Transaction. A Card may only be used by the Card User for whom the Card was issued to. The Card is otherwise non-transferable, and you and the Card User are not permitted to allow any other person to use the Card, for example, by disclosing the PIN or allowing others to use the Card details to purchase goods via the internet. Your Card may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law or non-compliance of the Card Terms and Conditions.
The Agreement and all communications between us shall be in the English language, to the extent that this Agreement is translated into any other local language, the English version shall prevail in case of inconsistency.
Definitions and Interpretation
In these Terms and Conditions, the following terms shall have the following meanings:
“Account” means the account maintained on the App which is used to hold the Available Funds and Cards connected to it.
“App” means the Pemo mobile application.
“ATM” means Automated Teller Machine.
“Available Funds” means at any given time any unspent funds loaded onto the Account which are available to pay for Transactions.
“Base Currency” refers to the default currency and any Transaction performed by you in a currency not available on the Card will be converted into the Base Currency. The Base Currency for your Account and Cards is Saudi Arabian Riyals (SAR).
“Card” means a virtual or physical payment card issued by us to you.
“Card Number” means the unique sixteen-digit number printed or embossed on the face or reverse of the Card, or as displayed on the App.
“Card Program Manager” means Global Digital Financial Solutions Company (Neoleap), a Saudi company registered with the commercial registration in Riyadh under no. 1010679441, and licensed with license number (13/1442) dated 10/12/2020 and SAMA Licences 1234556787, the party appointed by us to provide Card Services, support and such other services as determined by us.
“Card Services” means any services provided by us, our third-party service providers, Issuing Bank, or the Card Program Manager, in connection with the Card, including call center services.
“Card User” means any person representing you in the performance of the Agreement (including the use of the Card), or who makes any communication or gives any authorisation for a Transaction or other instructions to us on the your behalf, in respect of the Card or any of the services provided by us in the Agreement; for the avoidance of doubt the Card User is not acting as a consumer for the purpose of this Agreement.
“Charges” means amounts (including any Fees or Charges) payable by you arising from usage of the Card under these Card Terms and Conditions and are subject to change from time to time.
“Conversion Rate” means the rate of exchange applied to a transaction not in the base currency.
“Country” means the Kingdom of Saudi Arabia (KSA).
“Currency” means, anyone amount of Saudi Arabian Riyals (SAR), and any additional currency that we may make available in connection with the Card from time to time.
“E-commerce website” means internet websites where Merchants accept the Card for purchase of goods and services.
“Identification Checks” means checks carried out in order to obtain, verify and record information that identifies each person who purchases or loads funds onto a Card. We may ask you for your name, address, date of birth and other information, directly or indirectly that will allow us to reasonably identify you. We will ask to see your ID, and/or other identifying documents where required.
“Issuer, Issuing Bank” means Alrajhi Bank (“Bank”).
“KSA” means the Kingdom of Saudi Arabia.
“Limit” means the limit set by us for usage on the Card for cash withdrawal or purchase of goods and services, subject to the Available Funds. We may change the set limit on the Card at any time at our sole discretion.
“Load” “Loaded” “Loading” means to add money to the Account, and ‘Loaded’ and will be construed accordingly.
“Merchant” means any establishment, retailer, corporate entity, person or other virtual establishment, supplying goods and/or services, which accepts/honors the Card as a mode of payment.
“Personal Data” means any information that relates to an identified or identifiable natural person. This includes data that can directly or indirectly identify an individual through a combination of identifiers such as a name, identification number, location data, online identifier, or other factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.
“PIN” means a unique Personal Identification Number allocated to each Card.
“POS Terminal” means Point of sale or an electronic terminal available at Merchants whether local or international, capable of processing Transactions.
“Replacement Card” means a substitute Card which may be issued to you in the event of loss or theft of your Card.
“Restricted Use’ means countries and regions in which the use of the Card is currently prohibited. Countries and regions with restrictions include Iran, North Korea, Crimea, Sudan. Restricted use may also apply to certain Merchant Category Codes (MCCs). These restrictions may be amended.
“Shortfall” occurs in certain circumstances when the Available Funds and/or in the case of the Card a particular currency drops below zero (0).
“Transaction” means transactions made by using the Card, whether with or without use of the Card Number, PIN or signature, and regardless of whether any slip or other voucher was signed by you and includes any cash withdrawal made by you or the amount charged (or otherwise debited to the Card) by us or a Merchant for any goods, service or benefit (whether or not such service was utilized by you) obtained by the use of the Card, the Card Number or the PIN or in any other manner, including mail, telephone, facsimile or internet orders.
“We”, “Us”, “Our” means where applicable, the App provider, Card Program Manager ( Global Digital Financial Solutions Company (Neoleap)); Issuing Bank ( Alrajhi Bank); and any other partner or third party we may work with in respect of the issuance, management, or distribution of Cards.
“Website” means the website at the URL or any future URL applicable to your Account and Card.
“Business Day” means any day of the week, excluding Fridays, Saturdays and statutory holidays in the Kingdom of Saudi Arabia.
“You”, “you”, “your” means the corporate customer in whose name the Account is registered and who has accepted this Agreement.
1. The Card
1.1. To apply for an Account and Card, you must be a company duly registered and operating in the Kingdom of Saudi Arabia with a valid Commercial Registration. The Card is a payment facilitation product, and we are therefore required by law to hold certain information about our customers. We use this information to administer the Card and to help Us identify you and the Card in the event that it is lost or stolen. We only keep this information as long as is necessary and for the purposes described.
1.2. When we perform KYC checks, Personal Information provided by you may be disclosed to a registered third-party agency who may keep a record of that information in accordance with Saudi Arabia's Personal Data Protection Law (PDPL) and its implementing regulations. By requesting a Card, you explicitly consent to your Personal being passed to such agencies for this purpose, subject to applicable data protection laws.
1.3. The approval of the Card and Account is subject to successful verification of your identity by the Issuing Bank.
1.4. Your Card will be issued to you on the basis that the required information that you have provided is accurate and valid. You agree to update us of any changes to your personal information when such change occurs, or as we may request you to confirm or update from time to time.
1.5. Where permitted, you may request additional Card Users. You authorise us to issue Cards and PINs to the additional Card Users and the you authorize each additional Card User to authorize Transactions on your behalf. The Card allows You or the Card User to access the Available Funds which You or the Card User have loaded on to the Account and can be used to buy goods and services in-person and online, and to withdraw cash at cash machines, including other supported functions.
1.6. Your Account is not a checking, savings, or other bank account and is not connected in any way to any other account you may have with the Issuing Bank.
1.7. Your Card is a commercial card.
1.8. There will be no interest earned on any Available Funds in the Account.
1.9. Various limits may apply to the Card in respect of individual Transactions, as well as daily and weekly transacted amounts based on the limits you place on the Cards as well as the Card Program Limits.
1.10. The use of the Card for making any Transaction shall constitute an agreement by You to pay any and all fees, commission, and charges on such Transaction as prescribed from time to time. You confirm that you have read and agreed to the schedule of fees, commission and charges for usage of the Card for any Transaction.
1.11. As the applicant, you are responsible for all Cards issued to you under the Agreement and for any fees or charges that these Cards may incur.
1.12. We may at our sole discretion issue / restrict /terminate any number of Cards that relate to you.
2. Using the Card
2.1. The Card may only be used in accordance with the Agreement and we have the right to restrict the services/facilities provided pursuant to the issue/usage of the Card at our sole discretion and terms.
2.2. Subject to sufficient Available Funds and any restrictions in the Agreement, the Card can be used worldwide at ATMs, POS Terminals or E-commerce website or any card operated machine or device, whether belonging to us or other participating banks or financial institutions where logos appearing on the Card are displayed/ accepted and any other services so authorized on the Card by us. The Card may also be used at any Merchant location that accepts the Transaction for processing or displays the logo appearing on the Card. The Card may be used for retail purchases, cash withdrawals, purchase of goods and services via the internet, telephone, facsimile and mail order or for any other services approved by us, for Transaction values not exceeding the Limit (subject always to sufficient Available Funds) from time to time.
2.3. If the Card User wants to make a Transaction using their Card or Card details, they will need to authorize it by using their Card, a PIN number, your signature or other security code, password, biometric data or other personal identifier, or a combination of these. Where contactless payments are available, they can also authorize a Transaction by touching the payment terminal with their card or device. We can’t cancel or stop a Transaction once they have authorized it.
2.4. The Available Funds will be reduced by the full amount of each Transaction plus any applicable Charges.
2.5. Due to restrictions, the Card may not operate in some countries and may not be accepted at some Merchant locations which are not in compliance with either our internal policies or those whose MCC’s have been blocked by us.
2.6. Merchants that accept the Card are required to seek authorization from us or through any appointed payment processor for all Transactions that are made and we cannot stop a Transaction once authorized. Some Merchants may not be able to authorize the Card Transaction if they cannot obtain an online authorization from us.
2.7. Some Merchants, particularly hotels, car rental agencies, and restaurants, may place a “hold” on the Available Funds until the Merchant sends us the final payment amount of the purchase. Once the final payment amount is received, the pre-authorization amount on hold will be removed. The hold will be released within 30 business days, depending on the Merchant's policies. During the hold period, you and the Card User will not have access to the pre-authorized amount.
2.8. The Card is only meant for the Card User’s use and expires on the date printed on the Card. It may be extended for a limited period subject to terms of the Agreement. .
2.9. You agree that the Card will not be used in any manner that could damage, disable, overburden or impair the Card. You also agree that the Card will not be used for money transfers, accessing or purchasing goods from adult or gambling locations or internet sites, or for any other activity prohibited under Sharia principles or Saudi law, including but not limited to transactions involving alcohol, pork products, gambling, or other restricted merchants as applicable.
2.10. You must comply with all applicable laws and regulations (including any foreign exchange controls) with respect to the Card in the issuing country and the country of use. We reserve the right to suspend the Card, terminate this Agreement and exercise any other remedies available to Us due to your failure to comply with any part of this provision. You agree that we have no obligation to monitor, review or evaluate the legality of your Transactions and that such actions shall be your sole responsibility. We are not liable for any prohibited use or misuse of the Card whatsoever. The Card can only be used if it has sufficient Available Funds, and the Card User is solely responsible for ensuring that there are sufficient Available Funds for an intended Transaction. If, for any reason whatsoever, an intended Transaction causes the Card to be debited in excess of the Available Funds (whether by use of the Card or towards any fees or charges), You are responsible for any Shortfall on the Card.
2.11. We are entitled to set off any sum of money on the Card due from you to us against any positive balance in the Account held by You with Us.
2.12. If you are entitled to a refund for goods or services purchased using the Card, or another credit for any other reason, such refund or credit will be made to the Account, in the applicable currency thereby increasing the Available Funds.
2.13. Our record of any Transaction shall be final and binding. You will not be provided with a printed statement, and can check your Available Funds via the dedicated App. It is your responsibility to keep track of the Available Funds. You acknowledge that the amount stated on the ATM screen or a printed slip or receipt advice shall not for any purpose whatsoever be taken as a conclusive or up to date statement of the Card.
2.14. You acknowledge that the available balance in the Card may be different from the balance amount as displayed through any channel, due to pending Transactions or other blocked amounts (being amounts transacted but not processed) relevant to the Card.
3. Loading and Re-loading
3.1. The Account can be loaded soley through a bank transfer initiated by one of your bank accounts in KSA.
3.2. Your Available Funds are safeguarded in a bank account with Alrajhi Bank and will only be used for settling any spend on your Card and any applicable fees and charges.
3.3. Unless stated otherwise, the Loaded amounts will be credited to the Available Funds when the Issuer receives such amounts on the safeguarded account.
3.4. We shall have the right to withhold any Load and suspend the release of related funds if we need to verify the source of such funds. We may request additional information and documentation from You regarding the source of funds. If the provided information is insufficient or unsatisfactory, we may, at our discretion, report and surrender such funds to the relevant authorities in compliance with applicable laws and regulas.tion
4. Keeping your Card and PIN secure
4.1. You and the Card User must do all that you reasonably can to keep the Card safe and the PIN and other security details secret and safe at all times and not disclose them to any third party.
4.2. You must never; (i) allow anyone else to use the Card, PIN or other security details; (ii) write down the PIN or any other security information together with the Card; or (iii) give the PIN to anyone, authorized or unauthorized.
4.3. We will never ask you to reveal Your PIN.
4.4. The PIN may be disabled if an incorrect PIN is entered three (3) times. If the PIN is disabled, please contact us at the number on the back of the Card for assistance. If the PIN is disabled, or if a Merchant does not accept Chip and PIN, you will be required to sign for any Transactions at Merchants, provided that this is supported by and acceptable to the Merchant.
4.5. You must promptly block the card via the App and notify Us of any loss or theft of the Card or PIN. We will not be liable for any misuse of the Card or unauthorized withdrawal arising out of the loss, theft or misuse of the Card or the PIN, except as required under applicable KSA laws and SAMA regulations regarding payment service provider liability. You can avail for a Replacement Card in the event of loss or theft of your Card via the Pemo App Issuance of a Replacement Card might be subject to a Fee.
4.6. We may suspend the Card, at anytime, with or without notice, if we think the Card has been or is likely to be misused, or if You breach any important term or you repeatedly breach any term and fail to remedy it, or if we suspect any illegal use of the Card. We may also suspend the Card upon request of the card scheme or any authorized regulator. If We do suspend the Card, We will inform you of our decision, unless such disclosure is prohibited by law or would otherwise compromise fraud prevention or security measures.
5. Unauthorized Transactions
5.1. You must notify Us of any unauthorized Transactions via the App, our support email or call center number without undue delay and in any event no later than thirty (30) days of the Transaction debit date, in accordance with SAMA Regulations. We will request that You provide additional written information concerning any such Transaction and You must comply with such request.
5.2. In case of unauthorized Transactions, We will assist You in submitting a dispute to the relevant payment scheme/network. The payment scheme/network will conduct an investigation to determine whether a refund is warranted. Any refund will be subject to the payment scheme's/network's investigation outcome and ither applicable rules and regulations. We shall not be liable for the investigation outcome or any losses You may suffer. If the investigation concludes that the Transaction was authorized by You, or on Your behalf, or You have acted fraudulently, You will not be entitled to a refund.
5.3. You should check your Transaction history regularly. If you notice an error or a card Transaction that You do not recognise, you must tell us as soon as possible and no later than (1) month from the date of the Transaction debit date.
5.4. If you have any dispute concerning the quality of goods or services bought with the Card, you must address such disputes directly with the Merchant (retailer). We are not responsible for and will not be involved in any disputes between you and the Merchant regarding the quality of goods or services purchased using the Card.
6. Transactions, Fees and Limits
6.1. Fees and limits apply to the Card, as indicated in the Account Fee Schedule. The Fees we charge are subject to change from time to time, in accordance with this Agreement. You will be notified of any change in the applicable Fees through the App nominated in the User Guide.
6.2. You agree to pay and authorize us to debit the Available Funds for the fees set out in the Account Fee Schedule. These Fees may be debited from the Available Funds as soon as they are incurred.
6.3. Some ATM operators impose their own limits on the amount that can be withdrawn or spent over a specific time period.
6.4. Certain Merchants may charge an additional Fee if the Card is used to purchase goods and/or services. The Fee is determined and charged by the Merchant by including it in the Transaction amount and is not retained by us.
6.5. Dynamic Currency Conversion (DCC) is a process whereby the amount of a transaction is converted by a merchant or ATM to a currency other than the country’s local currency. When using your Card abroad, you may be given the option to pay in Saudi Riyals (SAR) instead of the local currency of the country you are in. In this case, the merchant or ATM operator is applying a foreign exchange margin to the applicable conversion rate that would apply to convert the Transaction currency into another currency. This may result in an increased cost to your Transaction.
6.6. The foreign currency equivalent for the above-listed amounts will be determined based on the Conversion Rate or the VISA Conversion Rate, as applicable.
6.7. For this section, a “day” is defined as a 24-hour period commencing at 12am (KSA Time).
7. Foreign Currency Transactions
7.1. A foreign exchange rate will apply in the following instances: (i) (ii) POS Terminal Transactions where the Transaction is in a currency other than that available on the Card; (iii) ATM withdrawals where the withdrawal currency is not SAR within KSA
7.2. If a foreign exchange conversion takes place, the conversion will be undertaken at the prevailing exchange rate.
7.3. Foreign exchange rates are subject to variation and the rate that applies one day will not necessarily be the same on any other day. We are not responsible for and cannot guarantee you will receive any specific exchange rate. Changes in the exchange rates may be applied immediately and without notice.
7.4. Additional margins may apply in respect of foreign exchange conversions.
8. Closing your Account
8.1. To close your Account, you can request so through the App.
8.2. At your option, you can spend your Available Balance by withdrawing funds at an ATM, spend the funds by transacting at a merchant through one of your cards or, if applicable, you can request your Available Balance be returned via bank transfer, with any applicable Fees charged by the bank, which will be deducted from the final amount. The transfer will be sent within 7 days.
8.3. All returns may be net of Charges, and uncollected Transactions.
8.4. We will pay you your Available Balance on the closing date. Upon closure of your Account, you may be asked to destroy or return the Card to us. In any event, the Card linked to your Account will be automatically cancelled.
9. Redemption: Redeeming Unspent Funds
9.1. You may redeem the balance of any unspent funds into your Bank account. Payment will only be made to a KSA bank account in your name. Redeeming the balance of unspent funds will be in SAR.
9.2. A cash out fee may be charged for redeeming unspent funds on the Card at the Purchase Location or through Card Services if: (i) you redeem unspent funds on the Card before the Termination Date; or (ii) you redeem unspent funds on the Card and end this Agreement or (iii) you redeem unspent funds on the Card after a period of twelve (12) months from the Termination Date.
10. Termination of the Agreement
10.1. The Agreement shall terminate on the account closure issued to you under the Agreement but the termination of the Agreement will not affect any of our rights including rights to outstanding payments.
10.2. We may end this Agreement prior to the Termination Date by giving you at least two (2) months’ prior written notice by letter or email to the address you have provided us.
10.3. You may end this Agreement prior to the Termination Date at any time by writing to or emailing us.
10.4. Upon ending this Agreement in accordance with the terms and conditions, you will no longer be able to use the Card and the Account. The ending of this Agreement will not affect your right (if any) to redeem unspent funds in accordance with the terms and conditions.
10.5. This Agreement will not be considered terminated should you cancel your subscription, if there is a period of time remaining as part of said subscription. This Agreement will terminate when said subscription expires without renewal, or when the total time of the subscription ends.
11. Changing the Terms and Conditions
11.1. You are deemed to have read, understood and agreed to be bound by the present Agreement. We may amend the Agreement from time to time, in order to comply with applicable laws and regulations or as needed for our business. Any changes, additions, amendments, supersessions or supplements to any or all provisions of this Agreement shall be made in compliance with the Saudi Central Bank (SAMA) regulations and the Banking Consumer Protection Principles. For material changes affecting your rights and obligations, we will provide you with at least 30 days' prior written notice, with the exception of changes that need to be implemented immediately by law. Such amendments will be available on the App and will be effective from the date specified in the notice. Continued use of the Card after the effective date constitutes acceptance of such changes.
12. Personal Data
12.1. We protect, control, process retain your Personal Data for the purposes of providing payment services to you or otherwise to fulfil this Agreement in accordance with the Saudi Personal Data Protection Law (PDPL) issued by Royal Decree No. M/19 dated 17/5/1443H, its Implementing Regulations, and all applicable SAMA regulations regarding data protection and banking consumer protection and its Implementing Regulations, and the Saudi Central Bank (SAMA) regulations regarding data protection, and any other applicable laws and regulations concerning data protection in the Kingdom of Saudi Arabia.
12.2 We refer to our Privacy Policy for more detail.
13. Liability
13.1. The Cards are issued entirely at Your risk. We shall bear no liability whatsoever for any loss or damage arising from the issuance of the Card, however caused. Use of the Card for any Transaction shall be at your sole risk. By requesting the issuance of or using the Card you confirm assuming any and all financial risks incidental to or arising out of the Card’s usage with no further liability to Us.
13.2. You agree to fully indemnify us and hold us harmless against any and all actions, proceedings, costs, losses or damages (including legal costs) we may suffer in connection with the usage of the Card any misuse of the Card, PIN and/or other facilities provided to you in relation to the Card. This includes any liability arising from your failure to maintain safe custody of the Card at any time before the Card is cancelled.
13.3. You hereby agree to fully indemnify and hold us, our officers, employees or agents harmless against any liability, loss, charge, demand, proceedings, cost (including legal fees), or expense, which We may suffer, pay or incur as a result of Us, Our officers, employees or agents acting upon or delaying or refraining from acting upon instructions of you or purporting to be from You or which We believe have been issued by or for You or in any way in connection with the Card or the Agreement, or in enforcing these Terms and Conditions and in recovering any amounts due to Us or incurred by Us in any legal proceedings of any nature.
13.4. We will not be liable to you for: delays or mistakes resulting from any circumstances beyond Our control, including, without limitation: (i) acts of governmental authorities, national emergencies, insurrection, war, or riots; (ii) the failure of Merchants to accept or honor the Card; (iii) the failure of Merchants to perform or provide services or goods; (iv) communication system failures; (v) interception of communications; or (vi) mechanical defects, failures or malfunctions attributable to Your equipment, any internet service, or any payment system.
13.5. We are not responsible for ensuring that ATMs and POS Terminals will accept the Card, or for the way in which a Merchant processes a Transaction. We will not be liable to You for any non- acceptance of the Card, for disputes concerning the quality of goods or services purchased on the Card or any additional fees charged by the operators of these terminals (for example, when You withdraw currency from an ATM, the ATM operator may charge You an additional fee for the service).
13.6. Information sent over the internet may not be completely secure and the internet and the online systems are not controlled or owned by us. Therefore, we cannot guarantee that they will function at all times, and we accept no liability for unavailability or interruption, or for the interception or loss of any information or other data.
13.7. We will not be liable under any of the following circumstances:
a) If, through no fault of Ours, there are insufficient funds available on the Card to complete a transaction;
b) If the Card is not honored, is declined, is damaged or is confiscated at any ATM or POS Terminal for any reason;
c) If the Card is not honored, or is declined at any Internet Merchant location for any reason;
d) If an ATM where You are making a cash withdrawal does not have enough cash;
e) If an electronic terminal where you are making a Transaction does not operate properly;
f) If a Load has been declined due to our discretion;
g) If access to the Card has been blocked after You have reported the Card lost or stolen;
h) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
i) If We (in our sole discretion) have reason to believe the requested Transaction is unauthorized;
j) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the Transaction, despite reasonable precautions that we have taken;
k) Any consequential damages, extraordinary damages, special or punitive damages; and
l) Any other exception stated in this Agreement.
13.8. In the event that We are held liable to You, You will only be entitled to recover Your actual damages. In no event shall You be entitled to recover any indirect, costs (including legal costs) consequential, exemplary or special damages (whether in contract, tort or otherwise), even if You have advised us of the possibility of such damages. This provision shall not be effective to the extent otherwise required by law. To the extent permitted by law, You agree that Your recovery for any alleged negligence or misconduct by Us or service agents shall be limited to the available balance on the Card.
14. Disclaimers
14.1. We shall be absolved of any liability in case:
a) You fail to avail the usage of the Card due to force majeure conditions including but not limited to natural calamities; legal restraints or any technical lapses in the telecommunication network or any other reasons beyond our actual control. Also We are herein absolved of any kind of liability arising due to a loss; direct or indirect incurred by you or any other person due to any lapse in the facility owing to the above-mentioned reasons;
b) not being in the required geographical range;
c) there is any unauthorized use of the PIN, or for any fraudulent, duplicate or erroneous Transaction instructions given by use of the PIN (unless confirmed by us to you that the Card is blocked or cancelled);
d) there is loss of any information during processing or transmission or any unauthorized access by any other person or breach of confidentiality;
e) there is any lapse or failure on the part of the service providers or any third party affecting the usage of the Card (and for this purpose, we make no warranty as to the quality of the service provided by any such provider);
f) any loss or damage whether direct, indirect or consequential, including but not limited to loss of business, contracts, or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by you or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error by us in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from your telecommunication equipment and the network of any service provider and our system or any breakdown, interruption, suspension or failure of your telecommunication equipment, our system or the network of any service provider and/or any third party who provides such services as is necessary to provide.
14.2. We shall not be involved in or in any way liable to you for any dispute between you and a cellular services provider or any third party service provider (whether appointed by us or otherwise).
14.3. We shall not be held liable for any loss incurred by you due to use of the Card by any other person with your express or implied permission. We shall not be held responsible for the confidentiality, secrecy and security of the personal or account information being transmitted for effecting your instructions.
14.4. We shall not be held liable for any loss suffered by you due to disclosure of the personal information to a third party by us, for reasons inclusive but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for statistical analysis or for credit rating.
14.5. We will endeavor to make sure the Card continues to function, but its operation may be subject to interruptions and/or require periodic modifications and improvements; and to help reduce the risks, we may from time to time set revised limitations on the Transaction size, Loading amounts and other features of the Card.
15. Communication and Notices
15.1. If You have any queries regarding the Card, please refer to the App, otherwise call the number printed on the back of Your card.
15.2. We undertake to communicate with you in Arabic or English regarding any aspect of the Card.
15.3. You agree that We may communicate with you by email, instant messaging platform or SMS or through the App for issuing any notices or information about the Card and therefore it is important that you ensure that you keep Your email address or mobile phone number updated and regularly check the App.
15.4. We may record and shall keep a record of your application form, identification documents, and request forms as well as any electronic, written or verbal communications in accordance with KSA data retention requirements.
15.5. You agree that all the telephone calls between you and us may be tape recorded by Us and that such recording may be submitted in evidence in any proceedings.
15.6. Save as otherwise provided in this Agreement, any demand or communication made by us under the Agreement will be in writing in Arabic and/or English and made at the address given by you (or such other address as you may notify us from time to time).
15.7. Any notice sent by either party under this Agreement by email shall be deemed given on the day the email is sent, unless the sending party received an electronic indication that the email was not delivered; and if by post, shall be deemed given ten (10) Business Days after the date of posting.
16. General Provisions
16.1. In addition to any general right to set-off or other rights conferred by the law to us, you agree that we may in our absolute discretion at any time and without notice combine and consolidate all or any amounts in any Account of yours regardless of currency to set-off or transfer any amount in or towards discharge of all amounts due to us under anyAccount with us whether in local currency or any other currency and may do so notwithstanding that the balances on such Accounts and the sums due may not be expressed in the same currency and you hereby authorize us to offset any such combination, consolidation, set-off or transfer with the necessary conversion at our prevailing exchange rates which shall be determined by us at our absolute discretion.
16.2. No forbearance, neglect or waiver by us in the exercise or enforcement of any right or remedy arising from this Agreement will prejudice our right thereafter to strictly enforce the same.
16.3. No waiver by us will be effective unless it is in writing.
16.4. If any provision in this Agreement is found to be unenforceable, invalid or illegal, such provision will be deemed to be deleted and the remainder of these Terms and Conditions will be unaffected by such unenforceability, invalidity or illegality.
16.5. We are entitled to record all communication and conversations (including telephone conversations) with you and/or any authorized representative of yours and messages and/or instructions sent to us whether by telephone, in person, voice, use of a touch-tone key pad, electronically or otherwise and Transactions conducted by or through any such medium. Our record of all such communications, conversations, instructions, messages and Transactions will be conclusive and binding on you for all purposes.
16.6. We may assign any of our rights and obligations under the Agreement to any third party, subject to obtaining necessary regulatory approvals from SAMA where required, and such party continuing the obligations in the Agreement to you in accordance with applicable Saudi Arabian laws and regulations. You are not permitted to assign your rights and obligations under the Agreement to any third party.
17. Law, Jurisdiction
17.1. Any disputes which arise under these Card Terms and Conditions shall be governed by the laws of the Kingdom of Saudi Arabia and are submitted irrevocably to the jurisdiction of the Commercial Courts of the Kingdom of Saudi Arabia.
