PayBy Terms of Use

Please read these Terms of Use carefully

These terms of use (the “Terms”) govern your (“you” or “your”, being the Account holder and/or Website user) use of PayBy (the “App”) and/or the website (the “Website”) and creates a binding contract between you and PayBy Technology Projects L.L.C. (CN-3018388 (“PayBy”, "we", "us" or "our").   The App provides a variety of payment related services to users such as you and these are detailed further in these Terms (together with the App, the “Services”). Any reference to “Account” in these Terms shall mean the account you have with us that we open and maintain for you.  Account may also be used with respect to other App users who have opened an account with us.

We ask you please read these Terms thoroughly so you properly understand your obligations and your rights in relation to our Services and Website. By installing, accessing, downloading or otherwise using the Services and/or Website, or any of their features including creating an Account, you are agreeing to comply with and be bound by these Terms. If you breach or violate any of the Terms, we have the right to disable your Account and block your access to the App immediately and you will not be permitted to create another Account, nor access the App, without our permission.

We can make updates to these Terms at any time.  We will let you know of any such changes via email, the App, or through another medium of using the Services. Your continued use of the Services and/or Website will be deemed acceptance of the updated Terms. However, if you do not accept the updated Terms, you are no longer permitted to use the Services and/or Website and should disable your Account immediately.

As you may know, to use the Services and/or Website, we must collect, store, use, share and otherwise process your personal data. To learn more about why and how we do this, please read our Privacy Policy. It will also provide useful information about the rights you may have in relation to your personal data and how you may be able to exercise such rights.

1. CONTACT

If you have any questions about the Services, your Account, these Terms, the Website or our Privacy Policy, please visit our FAQs or if the answer is not there, please get in touch with us via the App or by emailing us at help@payby.com.

2. ELIGIBILITY

Once you have downloaded the App, we need to set up your account before you can fully access the Services.  In order to provide you with an Account, you must prove you are eligible by providing correct and up to date information demonstrating the eligibility requirements that we and applicable laws require. 

To be eligible for an Account, you must be:

  • Age: you must be at least 18 years of age or higher based on the age of majority in your jurisdiction.

  • Location: you must be a resident of The United Arab Emirates.

To satisfy us that you meet the above requirements, you must provide us with your Emirates ID and any other documentation we request.  We will also require you provide a “real time” video of yourself via the App (using your device camera and microphone) to validate your identity. For more information on how we use the personal data you provide us to create your Account, please read our Privacy Policy.

 

3. PAYBY SERVICES

If you are granted an Account, the Services available will include:

  • Sending and Receiving Payments: you may send payments to any other Account user and you may receive payments to your Account from any other Account user.  You may also make “cash gifts” to other Account users which allows you to send a payment to a group of Account users which can then be split between the Account users based on your instruction.  You may also be in receipt of a “cash gift” from another Account user based on their instruction.

  • Making Purchases: you may make purchases from Merchants using our e-commerce service or by using the QR Code feature (which will require access to the camera on your device) of the App.  A “Merchant” means a specific merchant from which you can purchase goods using your Account.  A full list of participating Merchants is accessible on the App.

  • Paying Bills: you may pay a bill owed or request any other Account user pay the bill for you.  Alternatively, you may be requested by another Account user to pay a bill for them.

  • Adding or Removing Value: you may top up the balance of your Account or remove money from your Account.  Any top up or removal must be made directly from or to a bank account of yours separate from your Account.

  • Merchant Withdrawals: you may, depending on Merchant capabilities, be able to withdraw cash from your Account at a Merchant’s premises, subject to payment of a fee.  Please see “Use Of Your PayBy Account” for further details on the charges payable.  

  • Messaging Other Users: strictly ancillary to certain of the above Services, you may be able to send messages to other Account users if linked to the performance of one of the above Services.

The Services are subject to the provisions of these Terms.  We retain the right at all times to disable the Account and your access to the App if you breach these Terms.

4. USE OF YOUR PAYBY ACCOUNT

When using your Account, you agree to comply with the following provisions.

  • Personal Use: your Account may only be used for personal use and shall not be used for business or other purposes.

  • Your Device and Your Account: you will only have one Account and it will be registered to the device you own and have the full rights to use.

  • Instructions: you must always ensure that the instructions you give us with respect to your Account are correct, clear, and lawful.  We will act on your instructions in relation to your Account, unless we have reason to believe that an instruction:

    • has not been made by you;

    • is ambiguous or unclear;

    • is in violation of the law; or

    • has been made with fraudulent or criminal intent,

    • or if we are otherwise required by law or if you have breached these Terms.

  • Hold Payment: we may hold a payment instruction if we reasonably consider it necessary to do so to protect you or your Account (for example, as a result of the payment exceeding a fraud-related limit) or if we are required to do so for legal reasons.

  • Inform you: we will get in touch with you as soon as possible if we have refused to act on your instruction, or held a payment instruction for a period of time, unless we are not allowed to for legal reasons.

  • Currency: any use of the Services, including holding funds in your Account, will be in United Arab Emirates Dirham.

  • Value Limits: we have the right to impose a limit on the amount of money being used with respect to any of the Services, for example, we can cap the amount of money being transferred to another user’s Account.  We can also impose a limit on the amount of money held in your Account at one time.

  • Transaction Cap: we have right to cap the number of transactions you instruct us via the App to perform If you have reached this limit, we will inform you via the App and/or by sending you  an email.

  • Other Account Users: you can identify and connect with other Account users through the following channels: (i) providing us access to your contact list(s) (as discussed further in the Privacy Policy); (ii) scanning the QR code of another Account user; (iii) searching for other Account users using their mobile numbers; and (iv) searching for other Account users using their PayBy IDs.  Please note that before you connect with other Account users, we may need to verify their identity.

  • Rates and Charges:  should you wish to use our Merchant withdrawal service, you will be charged a fee of 1% of the total cash you choose to withdraw in a single withdrawal.  This fee is subject to a minimum charge of 1 AED and a maximum charge of 2 AED.  We reserve the right to amend our charges at any time.

5. GENERAL APP CONDITIONS

In addition to any other conditions included in these Terms which you must comply with, please also be aware of the following:

  • Law: you must comply with the law and not be prohibited from using the Services in any way due to the local laws or any criminal conviction you may have.

  • Disabled Account: you must not download or otherwise use the Services if your Account (or an account for any other service or application of a PayBy group company) has been disabled in the past.

  • Operating System: the App requires your device to be operating with at least version iOS 9 (for Apple devices) and Android 5 (for Android devices) with a minimum of 200 MB of memory.

  • Device Fees: you are wholly responsible for all carrier data plan and other applicable fees and taxes associated with your device.

  • Account Security: you are responsible for keeping your device, your Account and any security codes/passwords safe and secure. If your Account has been hacked, compromised or breached in any way, please contact us immediately at help@payby.com or via the App.

  • Deleting the App: you must not delete the App until your Account has been closed in accordance with these Terms.

6. ACCEPTABLE USE

When using the Services and/or Website, you must always do so for legal, authorised and acceptable purposes. When using the Services and/or Website, you will not, nor permit any person using your Account and/or accessing the Website to:

  • use them in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or contravening these Terms;

  • violate or infringe the rights of PayBy, any of its group companies, our users, or other third parties, including rights in respect of privacy, intellectual property, or other proprietary rights;

  • provide false, inaccurate or misleading information;

  • engage in any potentially fraudulent or suspicious activity and/or transactions, including receiving money which may be fraudulent or adding money to your Account which may be linked to criminal activities;

  • refuse to cooperate with an investigation or provide any information we request, including with respect to verifying your identity;

  • transmit any communication, material or other content that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or which could instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;

  • impersonate someone;

  • seek to harm PayBy, our group companies, or any of our users or customers; or

  • access, use, copy, modify, distribute, display, otherwise exploit or prepare derivative works based upon and of our Services in impermissible or unauthorised manners, or in ways that harm us, our group companies, our Services, systems, users, or others. In particular you must not, nor permit any person using your Account or accessing the Website to:

  • reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services, except to the extent permitted by law;

  • send, store, or transmit viruses or other harmful computer code through or onto our Services;

  • gain or attempt to gain unauthorised access to our systems or those of our group companies;

  • create accounts for our Services through unauthorised means;

  • collect the information of or about our users in any impermissible or unauthorised manner; and/or

  • sell, resell, rent, or charge for the use of, our Services.

7. LICENCES AND INTELLECTUAL PROPERTY

7.1 What we own

Throughout our relationship with you, we retain ownership and/or control, as appropriate, of the Services and Website and all intellectual property rights therein, including all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights that have existed, do, may or will exist in the future ("Intellectual Property"). You may not use our Intellectual Property unless permitted under these Terms or with our express written consent (which you can seek by contacting us using the contact details above).

7.2 What you own

Throughout our relationship with you, you retain ownership of the details, information or other data you submit for your Account or through the use of our Services. You also have the right to grant the rights and licences in these Terms as further detailed below.

7.3 Licence to us

In order for us to provide our Services and/or Website to you to the best of our ability, you grant PayBy a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, and display the information (including any content) that you upload, store, send, or receive on or through the use of the Services and/or Website. We will only use such rights for the limited purpose of providing our Services which includes, for example, to allow us to display your profile picture.

7.4 Licence to you

In order for you to receive the Services at the best standard, we grant you a revocable, non-exclusive, non-sublicenseable and non-transferable licence to use the Services for the sole purpose for which they were created, subject to and in accordance with these Terms. No other licences or rights are granted to you by implication or otherwise.

7.5 Infringement of Intellectual Property

If you believe our Intellectual Property is being infringed by a third party, please contact us immediately using the contact details provided above. If we believe you are infringing our Intellectual Property or the intellectual property of another, we may terminate your Account with immediate effect.

8. UPDATES

When an update of the App becomes available, you are strongly encouraged to download this as soon as possible following its release. Updates are created to better the App and the user experience thereof. If you do not update the App, it may no longer be supported by us and, over time, will likely depreciate in functionality.

9. DISCLAIMER

You use and accept the provision of the Services and/or the Website at your own risk and at all times subject to the following disclaimers:

  • the Services and Website are each provided on an "as is" basis without any express or implied warranties;

  • no warranty is given that any information provided by us is accurate, complete, or useful, that the Services and Website will be operational, free from errors, secure, safe, or that the Services and Website will function without disruptions, delays or imperfections;

  • we do not control, and are not responsible for controlling, how or when our users use our Services and Website; and

  • we are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties.

The forgoing disclaimers will apply to the fullest extent permitted by applicable law.

10. OUR LIABILITY

10.1 Our Liability

We accept liability where we act on a payment instruction and this is not received by your payee’s bank (whether that be a Merchant, another Account holder, or the person/organisation to which you must pay a bill), except where this is a result of yours, your payee’s, or your payee’s bank’s (not with respect to another Account holder) negligence (for example, if you included the wrong payee details).

We also accept liability for any losses you may suffer as a result of us not complying with our obligations under our Terms with you, or as a result of our negligence or fraud.

10.2 Limitation and Exclusion of Liability

Unless expressly stated otherwise in these Terms, we, our affiliates, subsidiaries, directors, employees, partners and agents (together the "PayBy Group") will not be held liable to you, whether in contract (including under any indemnity), tort (including negligence), under statute or otherwise, under or in connection with these Terms, your activities under your Account, your use of the Services and/or Website, and/or our provision of the Services and/or Website, for any:

  • consequential, indirect or special losses or damages;

  • loss of profits, loss of business or loss of business opportunity;

  • loss as a result of any failed payment due to insufficient funds in your Account;

  • losses incurred as a result of abnormal or unforeseeable circumstances outside our reasonable control, including delays or failures caused by problems of another system or network, mechanical breakdown, industrial action or a pandemic;

  • losses incurred where a law, or guidance or instruction from an governmental authority, requires us to take action, for example to terminate these Terms and close your Account; or

  • any other loss or damage to the extent that such loss or damage is caused or contributed to by you, or is a result of the failure by you to comply with these Terms.

For any other losses or damages for which we are found liable, the PayBy Group’s aggregate liability towards you for all claims during our relationship with you shall not exceed 375 AED.

The forgoing exclusions and cap of liability will each apply to the fullest extent permitted by applicable law.

11. YOUR LIABILITY

To the extent permitted by law, you agree to defend, indemnify, and hold harmless the PayBy Group from and against all liabilities, damages, losses, and costs (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services and/or Website; (b) your breach of our Terms; or (c) any misrepresentation made by you.

 

12. CLOSING YOUR ACCOUNT AND TERMINATION OF THESE TERMS

If your Account is closed in accordance with any of the following provisions or any other provision in these Terms, these Terms will automatically terminate with respect to the Account that is terminated. 

12.1 Our right

We may, at any time, close your Account for any reason by providing you with sixty (60) days’ written notice.

We may, at any time, disable your Account (either indefinitely or for a set period of time) and/or terminate your access and use of any or all of the Services (including any services of our group companies) if any of the following occur:

  • we suspect you are using your Account for, or permitting your Account to be used for, criminal or fraudulent purposes;

  • we suspect someone is using your Account without your authority;

  • we do not have sufficient information to operate your Account, including up to date information;

  • we identify that you were not eligible to open your Account;

  • your behaviour towards our staff makes it difficult for us to deal with you;

  • you do not accept any updated versions of these Terms;

  • you do not pay any moneys owed to us;

  • you do not pay any interest, fees or charges owed on time;

  • you go into bankruptcy, enter into an individual voluntary arrangement, have a debt relief order or trust deed lodged against you or enter into any other form of analogous circumstances;

  • you die; or

  • we suspect you have violated these Terms. 

 

12.2 Your right

You can close your Account at any time by contacting us via the App or by emailing us at help@payby.com.

12.3 Closure Conditions

  • If any of the events listed above happen, you (or your estate) are responsible for cancelling all payments in and out of your Account and deleting the App from your phone.

  • On closure of your Account, if there are funds remaining in your Account, we will either transfer these to an account with another bank or send a cheque to the address we hold for you at the time of closure.

  • If you want to close your Account but still owe us money, we may keep your Account open and seek to recover the money from you using our standard recovery procedures.

 

12.4 Continuing provisions

However caused, the following provisions will survive any termination of your relationship with us: Licences And Intellectual Property, Disclaimer, Our Liability, Your Liability, Closing Your Account And Termination Of These Terms, General, Dispute Resolution And Governing Law.

13. LANGUAGE

These Terms were prepared in English and therefore the default language is English. Should you wish to access these Terms in a different language, please update the language setting on your device (for example via the settings on the App) to the preferred language. Please note that not all languages are available and should there be any discrepancies or differing interpretations or meanings between the English version of these Terms and any translation, the English Terms shall prevail.

 

14. GENERAL

In addition to any other terms and conditions within these Terms, please be aware of the following:

  • Entire Agreement: these Terms make up the entire agreement between you and PayBy regarding your use of the Services and/or Website.

  • Local Law Violations: our Services and Website should not be accessed or otherwise used in any jurisdiction where any or all of the Services or Website, as applicable, are prohibited to any degree.

  • Applicable Law: you agree to comply with all laws that apply to you in your use of the Services and Website.

  • Waiver: any waiver of any Terms or obligations or rights hereunder is not permitted without our written consent.

  • Assignment: we may assign or otherwise transfer all or some of our rights and obligations under these Terms to another party. You may assign or otherwise transfer all or some of our rights and obligations under these Terms to another party with our prior written consent.

  • Third Parties: except as stated or contemplated herein, these Terms do not give any third party any rights.

  • Severance: if any provision of these Terms is deemed illegal, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

  • Notice: any notice you are required to give us under these Terms should be sent to help@payby.com.  Any notice we are required to give to you will be sent to you via the App and/or to the email address linked to your Account. 

 

15. DISPUTE RESOLUTION AND GOVERNING LAW

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, please see the following as to how it can be resolved and what laws will apply.

Unless expressly required otherwise by law, these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

We both agree that the courts of the Abu Dhabi Global Market in Abu Dhabi shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the subject matter or formation.