STC PAY PAYMENT CARDS TERMS AND CONDITIONS

 

ANNEX 1

PART ONE

Pursuant to Section 7 of Your Agreement, STC Pay will, upon availability of the service, automatically issue for you a virtual payment card (“Virtual Payment Card”) linked directly to Your Wallet Account. You may as well request a physical payment card based on Your Virtual Payment Card (“Physical Payment Card”, together with the Virtual Payment Card may be referred to as a “Payment Card”) pursuant to the terms below.
The provisions of the Agreement and these STC Pay Payment Cards Terms and Conditions (the “Payment Cards Terms”), which form an integral part of Your Agreement, shall apply to Your use of the Payment Cards. Before You use Your Payment Card, please carefully read these Payment Cards Terms.

  1. APPLICATION AND ACTIVATION YOUR PAYMENT CARD

1.1       The Payment Cards are issued by Us. Subject to having a valid and active Wallet Account, We will automatically issue for You the Virtual Payment Card.

1.2       If You are a first time cardholder of a payment card, We will provide You with access to free credit advisory services relating to the Payment Cards, such as financial education and awareness, before activation of the Payment Cards is completed in accordance with these Payment Cards Terms.

1.3       You can activate Your Virtual Payment Card by logging in to Your Wallet Account and creating a personal identification number (PIN).

1.4       You may request a Physical Payment Card by contacting STC Pay as mentioned under Section 2.2 of Your Agreement provided that You have activated Your Virtual Payment Card in accordance with the terms herein, and provided that the expiry date of Your Payment Card is not earlier than one (1) month from Your request. On receipt of the Physical Payment Card, You shall immediately sign the Physical Payment Card in the signature section located on the reverse of the Physical Payment Card. You can activate Your Physical Payment Card by logging in to Your Wallet Account and entering the last four (4) digits of Your Physical Payment Card.

  1. PERIOD OF VALIDITY OF THE PAYMENT CARDS

2.1       The Payment Cards shall expire within three (3) years from their issuance, unless indicated otherwise on Your Payment Card.

  1. SUPPLEMENTAL CARDS

3.1       We may, pursuant to Your request, issue supplementary Payment Card(s) (“Supplementary Payment Cards”) linked to Your Wallet Account or Your Supplemental Wallet Account, if any. These Payment Cards Terms shall apply to the use of any Supplementary Payment Card(s) and the term “Payment Card” shall whenever applicable include reference to such Supplementary Payment Card(s).

3.2       You, as the primary cardholder, shall be liable for all liabilities incurred under the Supplementary Payment Card, including any outstanding and or unpaid balances.

3.3       In addition to Our other rights and powers under the Agreement, We may cancel any Supplementary Payment Card(s) at any time, and seek the return of Supplementary Payment Card(s) issued to the identified cardholder.

  1. YOUR CANCELLATION RIGHT AND TERMINATION

4.1       You have the right to cancel a Payment Card without charge if You do so within ten (10) days of activating the Payment Card. In other circumstances, we reserve the right to charge You a fee for cancellation where You have activated Your Payment Card in accordance with section 1.3 of these Payment Cards Terms.

4.2       You have the option to cancel a Payment Card at any time provided You notify Us in accordance with section 2.2 of the Agreement.

4.3       We may terminate these Payment Cards Terms and cancel the Payment Cards by providing You with thirty (30) calendar days prior notice at any time. We will provide You with a notice specifying the reason for such termination.

4.4       On termination of these Payment Cards Terms, all existing amounts owed by You shall become due and payable to Us.

4.5       Where You become bankrupt or insolvent, all existing amounts outstanding on the Payment Cards shall become due and payable immediately under these Payment Cards Terms and any holders of a Supplementary Payment Card must immediately stop using the Supplementary Payment Cards and return these to Us.

4.6       You may cancel a Supplementary Payment Card by giving a written notice to us in accordance with section 2.2 of the Agreement and You shall return the Supplementary Payment Cards to Us. These Payment Cards Terms shall remain in force in relation to the cancelled Supplementary Payment Cards until the amounts due on all Supplementary Payment Card transactions are paid to Us.

4.7       If You fail to comply with these Payment Cards Terms, We may terminate these Payment Cards Terms and You will be required to pay all outstanding amounts owed to Us. You will be responsible for all expenses, fees and costs incurred by Us, including legal fees incurred in obtaining payment from You.

  1. REPLACEMENT CARDS

5.1       We may issue You with a new Payment Card in the following circumstances:

5.1.1     You have reported the Physical Payment Card as lost, stolen or destroyed; or

5.1.2     the Payment Card has been invalidated on the suspicion of a fraud or a suspicious transaction; or

5.1.3     Your Virtual Payment Card is accessed or use by someone other than You without Your fault; or

5.1.4     the validity period of the Payment Card as set out in section 2.1 of these Payment Cards Terms is due to expire; or

5.1.5     as a result of technical, operational or technological enhancements (including system enhancements); or

5.1.6     in order to comply with any applicable laws, requirements or regulations in the Kingdom of Saudi Arabia.

5.2       In the event that Your Physical Payment Card is lost, stolen or destroyed, You shall notify Us immediately by contacting Us in accordance with section 2.2 of the Agreement. You shall be responsible for any transactions made on the Payment Cards before We receive notice in accordance with this section reporting the loss, theft or destruction of the Payment Cards.

5.3       If Your Virtual Payment Card is subject to unauthorised access or use by a third party, You shall notify Us immediately by contacting Us in accordance with section 2.2 of the Agreement. You shall be responsible for any transactions made on the Virtual Payment Card before We receive notice in accordance with this section reporting the unauthorised use or access to Your Virtual Payment Card.

5.4       You shall have the right to accept or reject the replacement Payment Card issued to You in accordance with section 5.1 of these Payment Cards Terms provided that You will have been deemed to have given Your consent where:

5.4.1     You do not expressly object to the new Payment Card within two (2) weeks from the date of issue of the replacement Payment Card; or

5.4.2     You activate the Payment Card as required by Us or otherwise use Your replacement Payment Card to undertake transactions in Your Wallet Account.

  1. YOUR RESPOSNIBILITIES

6.1       You will not permit any other person to use the Payment Cards and will at all times safeguard the Payment Cards and any personal identification number issued, and keep it under Your personal control.

6.2       You must notify Us immediately if You become aware of any disclosure of or access to Your Virtual Payment Card by any third party.

6.3       You are required to keep Your contact details up-to-date and shall immediately notify Us of any change in Your contact details by contacting Us in accordance with section 2.2 of the Agreement.

6.4       We shall not be responsible for any provider that refuses to accept the Payment Cards. We shall not be in any manner responsible for the goods or services that are provided to You and You must contact the provider directly to resolve any issues with goods or services provided to You by a provider.

6.5       You are not permitted to use the Payment Cards for any illegal purpose, including the purchase of goods or services that are prohibited under the laws of the Kingdom of Saudi Arabia. If You use the Payment Cards for an illegal purpose, We shall have the right to cancel the Payment Cards and any Supplementary Cards and You must pay all outstanding amounts immediately.

6.6       You shall not exceed the credit limit set by Us as described in section 7 below.

  1. PAYMENT CARD LIMIT AND PAYMENT TRASNACTIONS

7.1       The credit limit of all Payment Cards linked to Your Wallet Account shall be the Available Balance of Your Wallet Account, and You shall comply with this limit at all times. We set the credit limit in accordance with our risk policies, procedures and credit criteria, and it is subject to change from time to time at our sole discretion. You can always check Your Available Balance by logging in to Your Wallet Account.

7.2       We will provide You via the App with regular monthly statements at least three (3) weeks prior to Your payment due date that contain information including: (i) Your credit limit; (ii) Your previous balance; (iii) Your purchases and advances; (iv) details of fees or term cost charged to You; (v) the amount that You must pay, on or before a specified due date; (vi) the total sum for payments, purchases, advances and fees, (vii) payments charged or refunds; and (viii) such other information as required by applicable laws and regulations.

7.3       At the payment due date set for Your Payment Cards, we will charge the full amount to be repaid by automatically debiting Your Wallet Account.

7.4       If for any reason the Available Balance of Your Wallet Account is not sufficient for the full repayment of amounts due on Your Payment Cards, We will immediately:

7.4.1     freeze Your Wallet Account and Payment Cards and treat them as a delinquent accounts;

7.4.2     offer credit advisory services (regarding how to deal with financial difficulties) free of charge to You; and

7.4.3     work towards a mediated settlement before taking any further action against You.

7.5       You acknowledge and agree that not receiving the monthly account statement does not excuse You of Your obligation to make payment of the amounts due on Your Payment Cards to Us. You can find out the due amounts on the Payment Card by accessing Your Wallet Account through the App.

  1. FEES AND CHARGES

8.1       You shall pay the non-refundable annual fee, if any, upgrades and any charges for additional services based on the fees that are displayed through the App. Such fees and charges will be debited directly from Your Wallet Account.

8.2       We shall notify You of any amendment or change to the fees and charges payable in relation to Your Payment Cards by sending a written notice to You which shall be provided to You at least thirty (30) calendar days before the date of implementation of the change.

8.3       Where You do not wish to accept the amendments or changes in the charges and/or fees notified by Us in accordance with section 8.2 of these Payment Cards Terms above, You may terminate these Payment Cards Terms in accordance with section 10.2 of these Payment Cards Terms below.

8.4       International Transactions: If You use the Payment Cards to pay for international purchases or services outside the Kingdom of Saudi Arabia or any provider registered outside the Kingdom of Saudi Arabia, the amount will be deducted from Your Wallet Account in Saudi Riyals according to the exchange rate at the time of the transaction, in addition to any additional fees for international use that may be applied by the Payment Card’s scheme, as may be notified to you from time to time. You shall bear the differences arising from the difference in exchange rates between currencies on the day of the transaction.

  1. DISPUTED TRANSACTIONS

9.1       Your liability for unauthorised use of Payment Cards shall be limited by the following:

9.1.1     Where the unauthorised use: (i) of Your Physical Payment Card is due to loss or theft of the Physical Online Cards or (ii) of Your Virtual Payment Card is due to unauthorised use or access of Your Virtual Payment Card by a third party, Your maximum liability prior to You reporting the loss or theft to Us shall not exceed the available credit limit or the amount of unauthorised transactions posted to Your Wallet Account whichever is lower at the time of such loss or theft; and

9.1.2     You shall have no liability for any unauthorised transactions made by the use of the Payment Cards after reporting it to Us if the following conditions were met:

(a)        You notified us immediately and without delay in accordance with section 5.2 or 5.3 (as applicable) of these Payment Cards Terms; and

(b)        You exercised vigilant care in safeguarding the Payment Cards from risk of loss, theft or unauthorised use.

9.2       Where You inform us of unauthorised charges on Your Payment Cards, We shall ensure appropriate investigations are carried out to determine responsibility and liability. You must provide the necessary information and documentation to assist in the investigations as may be requested by Us. We will provide You with a reference or transaction number at the time of the report of loss, theft or unauthorised usage of the Payment Cards.

  1. GENERAL

10.1      In the event that we amend, change or modify these Payment Cards Terms, we will provide You with at least thirty (30) calendar days’ notice before the amendment, change or modification takes effect.

10.2      You may terminate these Payment Cards Terms if You do not agree to any amendment, change or modification notified to You by Us in accordance with section 10.1 of these Payment Cards Terms by notifying Us of Your intention to terminate these Payment Cards Terms within fourteen (14) calendar days after the receipt of any amendment, change or modification and after paying the outstanding amount on Your Payment Cards. Where we make any amendment, change, or modification, we will notify You and advise You of Your entitlement to a fourteen (14) calendar day termination period.

10.3      If You exercise Your right to terminate under section 10.2 above, You must make payment of all amounts outstanding on the Payment Cards to us and return the Payment Cards to us, if requested.

10.4      We shall provide You with regular SMS, email and other electronic communication awareness messages regarding paying the outstanding amount on Your Payment Cards in time and the actions that You needs to take in case of fraudulent transactions and a lost/stolen card with contact details.

10.5      We may, at any time, request any documents and/or information from You that We deem necessary to enforce these Payment Cards Terms and/or provide the Payment Cards to You and You shall promptly provide Us with such documents and/or information.

10.6      You authorise Us to send Your and any Supplementary Payment Card cardholders’ data declaration and accounts details to SAMA, banks and any other applicable authorities. You authorise Us to obtain and/or disclose to the Saudi Credit Bureau (SIMAH) or any other certified parties by SAMA such information as may be required by Us (at our discretion) to prove, review or manage Your Wallet Account and the Payment Cards.

10.7      The Saudi Riyal shall be used as a basis for calculating all transactions and charges in respect of the Payment Cards.

10.8      If you have any questions, disputes, or complaints about Your Payment Cards, You can contact Us by reaching out to stc pay’s Customer Support Centre in accordance with section 2.2 of the Agreement.

 

PART TWO

TERMS FOR ENABLING PAYMENT CARDS ON THIRD PARTY PAYMENT PLATFORMS

  1. INTRODUCTION

1.1       These Terms for Enabling Payment Cards on Third Party Payment Platforms and Conditions (the “Terms of Use”) apply when You use Your Payment Cards to make payments via third party payment platforms and technologies.

1.2       For the purposes of these Terms of Use, the following definitions shall apply:

1.2.1     “Devices” means a smartphone, tablet or smart watch or any other device which is compatible for use with the Third Party Platform (as defined below) and which STC Pay determines is eligible for the registration of Payment Cards to be used via such Third Party Platforms;

1.2.2     “Passcode” means the secret code that is required to unlock a Device and/or access to the Third Party Platform on a Device; and

1.2.3     “Third Party Platform” means an online or mobile payment system and/or an electronic wallet service created by a third party provider that enables You to add the credentials of Your Payment Cards to make payments for purchases at merchants and payment acceptance portals that accept payment via such platforms.

1.3       In consideration for providing You with access to the Third Party Platform, You agree to be bound by these Terms of Use. You must agree to these Terms of Use in order to use the relevant Third Party Platform through the App. By accepting these Terms of Use along with the Agreement or as prompted via the App, You confirm that You have reviewed, understood and agreed to the Terms of Use, which form a binding legal agreement between you and STC Pay.

1.4       The Terms of Use apply in addition to the terms of the Agreement and the Payment Cards Terms.

  1. USE OF THIRD PARTY PLATFORM AND SECURITY

2.1       You are solely responsible for maintaining the physical security of the Device and the confidentiality of:

2.1.1     the Device lock, PIN, Passcode, and other means to access the Third Party Platform;

2.1.2     Your Payment Card credentials; and

2.1.3     any other personal and payment information on or for the Device.

2.2       On sharing the Device and/or means of access to the Device with any person, that person may be able to use the Payment Cards and access the personal and payment information available in the Third Party Platform. You are required to keep the Device, the Passcode and the credentials secure in the same manner as You would keep secure cash, cheques, debit or credit cards, and other personal identification numbers and passwords.

2.3       The Agreement and the Payment Cards Terms do not change when you link Your Payment Card to the Third Party Platform. The Third Party Platform provides another way for You to make purchases with Your Payment Card.

2.4       Any applicable fees, and charges that apply to Your Payment Card will also apply when You use the Third Party Platform to access Your Payment Card. The Third Party Platform provider and other third parties such as data service providers may levy additional charges on You as specified by them.

2.5       You can link Your Payment Cards to the Third Party Platform by following the instructions of the Third Party Platform provider. You may only use Payment Cards that We indicate to You are eligible for use on the Third Party Platform. When You add a Payment Card to the Third Party Platform, the Third Party Platform will allow You to use the Payment Card to make transactions for goods and/or services where the Third Party Platform is accepted as a payment method. You should contact Us in accordance with section 2.2 of the Agreement where You wish to remove Your Payment Card from the Third Party Platform. We can also block Your Payment Card from use via the Third Party Platform at any time.

2.6       In the event of a breach of confidentiality of the Device, You shall be fully and solely responsible for and bear all charges, costs, losses, and damages whatsoever and howsoever arising from such breach. You shall immediately notify Us if the Passcode is breached or is disclosed to another person or entity. You should request Us to block the Payment Card due to such disclosure or breach.

2.7       In the event of fraud, loss or theft of the Device, You are obliged to immediately notify Us. We will arrange to block all Third Party Platform transactions for all Payment Cards. We reserve the right to refuse to permit any transaction if we suspect there is a breach of the Terms of Use, or that fraudulent or illegal activity is taking place in relation to the Payment Cards.

2.8       We may retain records of Your activity in the Third Party Platform, including the most recent transactional data. We may also periodically collect and use technical data and related information (that does not personally identify You) as a result of Your use of the Third Party Platform, including, but not limited to, technical information about Your Device. We may use this information to improve Our products or to provide services or technologies. We may provide Your details to third parties who perform services on behalf of STC Pay, and therefore, You may be contacted by such third parties on Our behalf to service Your accounts.

2.9       By registering, adding and using the Payment Cards in the Third Party Platform, You acknowledge that certain Payment Card account information may be transmitted to and stored within your Device with the Third Party Platform provider and/or on the system of a third party working with the Third Party Platform provider, for purposes of the Third Party Platform. You acknowledge that such information may be used by the Third Party Platform provider and/or the third party working with the Third Party Platform provider. We shall not be responsible and have no control over the privacy and security of Your personal data and the information provided by You to the Third Party Platform provider which is governed by the privacy policy of and any agreement You may have with the Third Party Platform provider

  1. USE OF THE PAYMENT CARD

3.1       A virtual representation of the Payment Card is licensed, to You for use only in accordance with these Terms of Use. We reserve all rights not expressly granted to You.

3.2       You are granted a non-exclusive, non-sub licensable, non-transferable, personal, limited license to install and use tokens and other credentials associated with the Payment Card to make payments with the Device in the Third Party Platform solely in accordance with the Terms of Use. The license is limited to use on any Device that You own or control and as permitted by any applicable third party agreements.

3.3       You shall not rent, lease, lend, sell, redistribute or sub-license any right to use any Card credentials in the Third Party Platform.

  1. THIRD PARTY TERMS

4.1       Your use of the Third Party Platform is subject to third party terms and conditions, and We shall have no responsibility or liability to You under Your agreement with that third party. It is Your responsibility to read and understand any third party agreements before adding, linking or using the Payment Card through the Third Party Platform.

  1. LIABILITY

5.1       Except for liability that cannot be excluded under the laws of the Kingdom of Saudi Arabia, We shall not be liable for any loss which You suffer by using the Third Party Platform unless it is directly caused by Our gross negligence and/or wilful misconduct.

5.2       STC Pay is not the provider of the Third Party Platform, and We are not responsible for providing the Third Party Platform service to You. We are only responsible for supplying information securely to the Third Party Platform provider to allow use of the Payment Cards on the Third Party Platform.

5.3       We are not responsible for any failure of the Third Party Platform or the inability to use the Third Party Platform for any transaction. We are not responsible for the performance or non-performance of the Third Party Platform provider or any other third parties regarding any agreement You enter into with the Third Party Platform provider or any other third party.

5.4       We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services. If there are any issues or questions with a third party product or service, including issues pertaining to the operation of the Device, please contact the appropriate third party in accordance with that third party’s procedures for customer support and assistance.

  1. AMENDMENT AND TERMINATION OF THESE TERMS OF USE

6.1       We have the right to suspend or terminate Your use of the Payment Cards on the Third Party Platform, with immediate effect, if You breach these Terms of Use, the Agreement and/or the Payment Cards Terms.

6.2       We have the right to suspend or terminate Your use of the Payment Card on the Third Party Platform under the following circumstances, and will provide You with notice if reasonably practicable:

6.2.1     due to the acts or omissions of the Third Party Platform provider, including suspension of the Third Party Platform, breaches of cardholder data or other security breaches; and

6.2.2     suspension or termination in order for Us to comply with applicable law or orders from a competent regulator.

6.3       You do not have the right change these Terms of Use. You can terminate linking Your Payment Card to a Third Party Platform at any time by removing or de-linking all Payment Cards from the relevant Third Party Platform. We can support You in doing so if You contact Us in accordance with section 2.2 of Your Agreement.

6.4       We may amend these Terms of Use at any time by posting a revised version on Our website or the App. We may communicate such changes to You in accordance with section 2.2 of the Agreement and will do so thirty (30) days in advance of the amendments taking effect.  You accept and understand that it is Your responsibility to refer to the updated Terms of Use via the App.

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