PayBy Technology Projects L.L.C. (“PayBy”, “we”, “us” or “our”) is a limited liability company established under the laws of the United Arab Emirates (“UAE”) under registration number 3018388. We are licensed by the UAE Central Bank to provide stored value facilities in the UAE.
The PayBy App provides the payment related services detailed in these Terms to you (together with the PayBy App, the “Services”). 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 PayBy App immediately and you will not be permitted to create another Account, nor access the PayBy App, without our permission.
Please note that we have prepared specific terms and conditions which govern some of the other related products and services that may be available to you via the PayBy App. This includes the Mobile Auto-Debit Payment Services: Should you wish to access and review these terms and conditions please see the Mobile Auto-Debit Terms of Service.
Once you have downloaded the PayBy 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 UAE.
3. PAYBY SERVICES
Once an Account has been opened, you will be able to hold, send and receive funds through the PayBy App or the Website. 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 another Account user, or 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 certain participating merchants (“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 PayBy App. A full list of participating Merchants is accessible on the PayBy App. You may also avail of our Green Points PayBy loyalty program to receive discounts on any purchases through the PayBy App as well as discounts for mobile top-up or payment. Please note that when you buy something from a Merchant using your PayBy Wallet and the transaction is ultimately refunded, the payment will typically be refunded to the original payment method you used for the transaction. Refunds to the balance of your PayBy Wallet will generally be processed within one (1）business day. Refunds to cards will generally be processed within fourteen (14) business days, however in certain instances the refund may take up to thirty (30) business days.
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: there are a number of ways in which you may top up the balance of your Account or remove value from your Account, in addition to those listed above. This includes through:
o a bank transfer to or from your nominated bank account;
o a payment instrument, such as a debit or credit card;
o a cash payment via a PayBy designated kiosk; and
o depositing or withdrawing cash from at a Merchant’s premises (note this is not available at every Merchant).
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 PayBy 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:
o 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;
o we are otherwise required by law; or
o 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: the currency applied to the use of the Services, including holding funds in your Account, will be UAE 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 impose a limit on the amount of money held in your Account at one time. Currently, the limits applicable to your account are as follows:
o The maximum amount that can be held in your PayBy Wallet at any one time is AED 20,000.
o The monthly maximum amount you can load onto your PayBy Wallet is AED 25,000.
o The maximum value of any single transaction using your PayBy Wallet is AED 10,000.
o Your maximum daily spend using your PayBy Wallet is AED 10,000.
We may change these limits in accordance with clause 16 of these Terms.
5. FEES AND CHARGES
You will be charged a fee for using certain of our Services. Information on fees is set out in our Schedule of Charges which is available here.
We reserve the right to amend our charges at any time by giving you at least sixty (60) calendar days’ notice.
6. LOYALTY PROGRAM
The PayBy App allows users to redeem Green Points or vouchers as part of the PayBy loyalty program. These Green Points or vouchers can be used to obtain discounts on purchases made using the PayBy App.
You acknowledge and agree that the Green Points and vouchers have no monetary value and do not constitute property of any type or actual currency of any kind. Green Points and vouchers only exist within our PayBy App and they have no cash value.
We reserve the right at any time to offer, modify, control, regulate, and/or remove any Green Points and vouchers, or the use or provision thereof, within or from your Account, without any liability to you.
We reserve the right at any time to remove any Green Points and vouchers from your Account should we believe you have used any Green Points and vouchers contrary to these Terms or applicable law, or otherwise breached these Terms or applicable law.
Unless the purchase was made due to a breach by us of these Terms, you acknowledge and agree that all purchases of Green Points and vouchers are final and we will not refund any transactions once the purchase is complete.
If these Terms and/or your access to the PayBy App is suspended or terminated for any reason, you acknowledge that we are not responsible for providing a refund or other compensation for any Green Points and vouchers purchased before termination or suspension.
7. BALANCE BONUS PROGRAM
We may offer a cashback reward program via the PayBy App from time to time (“Balance Bonus”) which provides cashback calculated based on the value of your PayBy balance. In order to access Balance Bonus, you must apply through the PayBy App. We may require additional information to verify your identity.
Balance Bonus cashback accrues daily and is calculated on the total balance of your PayBy Wallet on the previous day. The value will be distributed to your PayBy balance on the same day it is calculated or otherwise at a frequency specified from time to time. We may require you to maintain a minimum balance of on your PayBy Wallet to be eligible to receive cashback. Currently, the minimum balance is AED 150. We may change this minimum balance from time to time in accordance with clause 16 of these Terms.
We have the sole right to determine the cashback amount, minimum balance and distribution frequency. If you think there is a problem with your Balance Bonus account, please contact us at firstname.lastname@example.org.
You can view your accruals in the Balance Bonus section of the PayBy app, and your distributions in your PayBy Wallet. You may not use the accrued value to use the PayBy Services, as set out in clause 3 of these Terms, until the value has been credited to your PayBy Wallet.
We reserve the right at any time to offer, modify, control, regulate, and/or remove any Balance Bonus program, or the use or provision thereof, within or from your Account, without any liability to you.
If we believe you have used Balance Bonus in breach of these Terms or applicable law, or your access to the PayBy App is suspended or terminated for any reason, we will cease issuing cashback and we will not be liable for providing a refund or any other compensation for accruals or distributions before or after such breach, suspension or termination.
8. GENERAL CONDITIONS
In addition to any other conditions included in these Terms which you must comply with, please also be aware of the following:
Applicable Law: you must comply with these Terms and all applicable law regarding your use of the Services and Website. You must also not be prohibited from using the Services in any way due to applicable laws.
Operating System: the PayBy 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.
Updates: When an update of the PayBy App becomes available, you are strongly encouraged to download this as soon as possible following its release. Updates are created to improve the PayBy App and the user experience. If you do not update the PayBy App, it may no longer be supported by us and, over time, will likely depreciate in functionality.
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. You should not let another person use your device or your Account as this could increase the risk of fraud or misuse of your Account. If you think you have been a victim of fraud or the Services have been used without your permission (including if you believe that your Account has been hacked, compromised or breached in any way), please contact us immediately by telephone at +971 585 076 088, by email at email@example.com or via the PayBy App.
Unauthorized Transactions: You must contact us immediately by email at firstname.lastname@example.org or via the PayBy App if there is a transaction on your Account that you do not recognize or which you think is incorrect.
Deleting the PayBy App: you must not delete the PayBy App until your Account has been closed in accordance with these Terms.
9. ACCEPTABLE USE
When using the Services and/or Website, you must always do so for legal, authorized 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 the Services and/or the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or in breach of 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;
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 our Services in impermissible or unauthorized 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:
o reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services, except to the extent permitted by law;
o send, store, or transmit viruses or other harmful computer code through or onto our Services;
o gain or attempt to gain unauthorized access to our systems or those of our group companies;
o create accounts for our Services through unauthorized means;
o collect the information of or about our users in any impermissible or unauthorized manner; and/or
o sell, resell, rent, or charge for the use of, our Services.
10. LICENCES AND INTELLECTUAL PROPERTY
10.1 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).
10.2 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 set out in these Terms as further detailed below.
10.3 Our right to use your information
In order for us to provide our Services and/or Website to you to the best of our ability, you grant PayBy a worldwide, free of charge, sublicensable, and transferable right 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.
10.4 Your right to use the Services
In order for you to receive the Services at the best standard, we grant you a revocable, non-exclusive, non-sublicensable and non-transferable right to use the Services for the sole purpose for which they were created, subject to and in accordance with these Terms. No other rights are granted to you by implication or otherwise.
10.5 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 (or otherwise misusing) our Intellectual Property or the intellectual property of another, we may terminate your Account with immediate effect.
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.
12. OUR LIABILITY
12.1 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/organization 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.
12.2 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 AED 500.
These exclusions and limitations of liability will apply to the fullest extent permitted by applicable law.
13. 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.
14. COOLING-OFF PERIOD
If you decide not to proceed with using the Services, you may close your Account and terminate these Terms within five (5) business days of agreeing to these Terms. This is known as the “Cooling-Off Period”. You can exercise this right by contacting us at email@example.com or via the PayBy App.
15. 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.
15.1 Our right
We may, at any time, close your Account for any reason by providing you with sixty (60) calendar days’ written notice.
Alternatively, 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 contact and identification information;
we identify that you were not eligible to open your Account;
your behavior 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 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.
15.2 Your right
You can close your Account at any time by contacting us via the PayBy App or by emailing us at firstname.lastname@example.org. We will send you a final closing statement within seven (7) business days of receiving your Account closure request.
15.3 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 PayBy 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.
15.4 Continuing provisions
However caused, the following provisions will survive any termination of your relationship with us: Licenses And Intellectual Property, Disclaimer, Our Liability, Your Liability, Closing Your Account And Termination Of These Terms, General, Dispute Resolution And Governing Law.
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 PayBy 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.
17. CHANGES TO THESE TERMS
We can make updates to these Terms at any time. We will let you know of any such changes via email, the PayBy App, or through another medium of using the Services. For most changes we will give you at least sixty (60) calendar days before the changes to the Terms take effect. However, we may make some kinds of change without telling you in advance – this includes where we are required to make a change due to legal and/or regulatory requirements and there is not time to give you notice of such changes.
Where we are required to give you notice, the updated Terms will come into effect sixty (60) calendar days after we have given you notice, unless you have given us notice that you object to the proposed changes. Your continued use of the Services and/or Website will be deemed acceptance of the updated Terms.
If you object to the updated Terms, such objection shall constitute a notice by you that you wish to close your Account in accordance with your rights under clause 15.2 above.
18. YOUR DATA
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.
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 not assign or otherwise transfer any of your rights and obligations under these Terms to another party.
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 email@example.com. Any notice we are required to give to you will be sent to you via the PayBy App and/or to the email address linked to your Account.
Statements: We will inform you of all transactions on your Account as they occur via SMS or email or via the PayBy App. We will also provide you with regular statements free of charge showing all transactions that have occurred in your Account. You are responsible for checking the accuracy of the statements sent to you.
Contact information: You are responsible for informing us if your contact or identification information changes or confirming such information to us at our request.
If you have are not satisfied with the Services or your Account, please get in touch with us by email at firstname.lastname@example.org, by calling our dedicated helpline on +971424 688 25, or via the PayBy App. Please refer to our complaint procedures available on the PayBy App and the Website for further details of our complaints management process.
21. 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.