1. These terms
1.1 The Agreement; Mobile Wallet Services – Terms and Conditions. These Wallet Services – Terms and Conditions (including all Annexes and Policies) (the “Agreement”), each as may be modified from time to time as described in Section 19.2 below, apply when You register for a Wallet Account or opt for using the Wallet Services with STC Pay which enables You to make payments for purchasing products and/or services, make remittances and receive certain payments. In these Terms, “You”, “Your” and “Their” refer to the user of the Wallet Services and “We,” “Us,” “Our,”, “Saudi Digital Payments Company” or “STC Pay” refer to the provider of the Wallet Services. Further information regarding STC Pay is set out in Section 2 below.
1.2 Why You should read them. These terms tell You who We are, how We will provide the Wallet Services to You, how You and We may change or end this Agreement, what to do if there is a problem and other important information.
1.3 Eligibility. You may not use the Wallet Services and may not accept the Agreement if:
(a) You are not of legal age to form a binding contract with Us and operate the Wallet Services; or
(b) You are a person barred from receiving the Wallet Services under the laws of the Kingdom of Saudi Arabia.
1.4 Provision and Language of the Agreement
(a) A copy of the Agreement, as amended from time to time, is available to You on the App. In order to use the Wallet Services, You must first accept the Agreement. This Agreement forms a legally binding agreement between You and STC Pay. You can accept the Agreement selecting such option when prompted on the App and as indicated towards the end of this Agreement.
(b) Throughout the duration of the Agreement, You may request to be provided with the Agreement, and a link to the Agreement will be sent to Your email address free of charge.
(c) The Agreement will be provided to You in Arabic or in English, as chosen by You.
(d) Your relationship with Us will be governed by the language version of the Agreement that You select. If You have selected the Arabic version, Our relationship will be governed by the Arabic version. If You have selected English, then Our relationship will be governed by the English version.
1.5 The Wallet Services. This Agreement applies to Your use of the Wallet Services. Our Wallet Services enable users to use a digital wallet to cash-in, pay for goods and services, withdraw / redeem funds in Your wallet and transfer funds both within the Kingdom of Saudi Arabia and internationally.
1.6 Device eligibility. You are required to have an eligible device in order to use the Wallet Service. We, at Our own discretion, shall determine which devices are eligible to be used with the Wallet Services and shall provide you with a list of such devices or types thereof on request by You in the event you encounter an issue. Devices that have been unlocked in an unauthorised fashion or otherwise modified may not be eligible to use the Wallet Services.
2. Information about Us and how to contact Us
2.1 We are Saudi Digital Payments Company, a company registered in the Kingdom of Saudi Arabia, whose registered office is at Pavilions Community, Ad Diriyah, PO Box 87912, Riyadh 11652, Kingdom of Saudi Arabia.
2.2 You can contact Us by telephoning Our customer service team at 920011444, via the chat facility on the App, or by writing to Us by email at email@example.com, through social media, at our website: https://www.stcpay.com.sa/en/page/support.
2.3 If We have to contact You We will do so by telephone, email, App-chat facility, chat bots or other method in Our discretion.
3. Defined Terms
3.1 The following defined terms appear in this Agreement:
“Affiliate” means a third party or one owned or controlled by Us or any entity controlled by, in control of, or under common control with Us.
“App” means the STC Pay Wallet Services App.
“Application” means internet or mobile-based services and applications.
“Available Balance” means the amount labelled as such on the App reflecting the total amounts transferred to Your Wallet Account within the Recharge Limit, and is the balance of funds you can use from Your Wallet Account in accordance with this Agreement.
“Business Day” means any day other than a Friday or Saturday or a public holiday in the Kingdom of Saudi Arabia.
“Credentials” means Your password and access keys.
“Current Balance” means the amount labelled as such on the App reflecting the sum of Your Available Balance and any other amounts transferred to Your Wallet Account exceeding the Recharge Limit.
“Cut Off Time” means the last time for making or receiving payments under the relevant payment scheme.
“International Remittances” means transfer of funds from Your Available Balance to a Receiver in a country other than the Kingdom of Saudi Arabia.
“Multiple Payment” means a payment authorization given by You to a merchant to charge Your selected payment method variable amounts over a specified time period.
“Policies” means all applicable policies, notices, procedures, specifications, FAQs, guides and guidelines that are provided or made available to You, appear on the Apps or are referenced in this Agreement.
“Provider” means third party service providers enrolled in the Wallet Services.
“Recharge Limit(s)” means the limits of funds that You can transfer in a period of time to Your Available Balance, as set by STC Pay from time to time, in Your Wallet Account, including but not limited to recharge transfers, cash-in, reversals and any other forms of transfers into Your Wallet Account. Currently, the recharge limit is SAR 20,000 per month.
“Receiver” means the person you specify via the App as the receiver of funds transferred via the International Remittance of the Wallet Services.
“Recurring Payment” means a payment authorization given by You to a merchant to charge Your selected payment method at regular intervals for fixed or variable amounts over a specified time period.
“Remittance Intermediaries” means third party money transfer and transmission companies that power and service International Remittances as part of the Wallet Services.
“SAMA” means the Saudi Arabian Monetary Authority.
“SAMA Guidelines” means the payment service provide regulatory guidelines issued by SAMA dated January 2020, as amended from time to time
“SAR” means Saudi Arabian Riyals.
“Split Payment” means a payment authorization given by You to a merchant for the full amount of a single order containing more than one item, permitting merchant to charge Your selected payment method for each such item separately at the time the item or service is shipped or fulfilled.
“Supplemental Wallet Account” means a sub-Wallet Account that you may request subject to the availability of such option on the App.
“STC Pay Materials” means any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including the Specifications and any integration guides) developed and provided by Us or Our Affiliates to You for download from the App. STC Pay Materials do not include any software, data or other materials specifically made available by Us or Our Affiliates under separate license terms or that were created by a third party, including without limitation software provided under an open source license.
“Wallet Account” means the account You open with STC Pay for the use of the Wallet Service.
“Wallet Services” means the wallet and payments services We provide under this Agreement and as described in Section 1.5.
4.1 To use the Wallet Services, You must complete all required information elements on the STC Pay registration process and open up a Wallet Account with Us.
4.2 You must be at least 18 years old to open a Wallet Account for the use of the Wallet Services. STC Pay may open a Supplemental Wallet Account at Your request for the use of your dependents under the age of 18. You will be fully responsible for the use of any Supplemental Wallet Account which STC Pay will treat as forming part of Your Wallet Account. If You wish to cash-in or cash-out from Your Wallet Account, You may do this through a valid funding instrument (as We may determine from time to time), although this is not mandatory. The funding instrument must be associated with a billing address in the Kingdom of Saudi Arabia.
4.3 You must provide current, complete and accurate information and maintain it as current and accurate during Your use of the Wallet Services. You agree to provide any information that We may require or that may be required by law or Our financial institutions to provide the Wallet Services. You will promptly give Us all documents and other evidence that We reasonably ask for at any stage of using the Wallet Services. We may require You to provide additional information to verify Your identity as a condition of providing the Wallet Service to You or before We permit You to make payments or receive or redeem funds from Your Wallet Account. You agree to provide such information as STC Pay may require in this regard, including information necessary to validate Your identity or confirm the authenticity of any funding instrument that You register for use with STC Pay.
4.4 We may make, directly or through any third party, any inquiries We consider necessary to validate information that You provide to Us, including without limitation checking commercial databases or credit reports. While We will take steps to verify the identity of Our users, We cannot and do not guarantee any user identity.
4.5 If You do not meet Our eligibility requirements, You may not be able to register and open a Wallet Account with Us or Your use of the Wallet Services will be limited.
4.6 We treat all activities in respect of a Wallet Account to be Yours. You must only use the Wallet Services to transact on Your own account and not on behalf of any other person or entity. All activities under a Supplemental Wallet Account shall be considered as activities of the Wallet Account.
4.7 You must update registration information promptly upon any change so that it is at all times complete and accurate. We reserve the right to refuse to provide or discontinue the Wallet Services to any person or entity at any time for any reason.
4.8 Your mobile telephone number and a password that You select will be used to access Our App and for communications with You. You also may be prompted to answer several security questions or select other issued security access keys or credentials that may be used to enable access to the Wallet Service and authorize transactions. You are responsible for maintaining the secrecy and security of Your Credentials. You should not disclose Your Credentials to any third party. If any of Your Credentials is compromised, You must notify Us immediately by using the methods specified in Section 2.2 above so that We can suspend use of Your Wallet Account with Our Wallet Services in order to avoid unauthorized transactions. You must also notify Us through the methods described in Section 2.2 above if You wish to request Us to unblock Your Wallet Account. You will not be financially responsible for any use of Your Wallet Account by an unauthorized person or for fraudulent transactions occurring before or after You properly notify Us of the loss or compromise, unless You act fraudulently or You acted negligently and did not take reasonable steps to keep Your Credentials safe and secure.
5. Wallet Account
5.1 Your Wallet Account will enable You to:
(a) access point of sale machines to load Your Wallet Account using debit cards;
(b) access point of sale machines to load Your Wallet Account using credit cards;
(c) access certain cash and deposit machines to enable You to load Your Wallet Account with funds;
(d) transfer funds from Your bank account, debit card or credit card to Your Wallet Account;
(e) transfer funds from Your Available Balance to bank accounts held in the name of a third party (including where that third party is located outside of the Kingdom of Saudi Arabia);
(f) request International Remittances (subject to the terms and conditions set forth herein);
(g) manage Your receipt of payments from your employer(s) and such other payors who adopt the Wallet Services for payroll, disbursements, or such other services;
(h) access the Saudi Arabian Riyal Interbank Express (SARIE) system so that You can transfer funds inter-bank i.e., from Your Wallet Account to an account held by a third party with a bank in the Kingdom of Saudi Arabia other than STC Pay;
(i) access the SADAD Payment System to pay bills to a Provider;
(j) make wallet to wallet transfers; and
(k) receive a payment card in accordance with the STC Pay Payment Cards Terms and Conditions under Annex 1 hereto.
5.2 Your Wallet Account is an e-money account. You acknowledge that Your Wallet Account is not a bank account. There is no overdraft facility available on Your Wallet Account.
5.3 STC Pay is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that STC Pay may make new services available to You. We will notify You of any amendments to the Agreement resulting from the introduction of new services by email or by providing a link to the updated Agreement at least thirty (30) days prior to the new service becoming available and the terms of Section 19.2 will apply.
5.4 You acknowledge and agree that STC Pay may stop providing the Wallet Services to You as provided in the Agreement. You may stop using the Wallet Services at any time. You do not need to inform STC Pay when You stop using the Wallet Services.
5.5 You acknowledge and agree that STC Pay may establish general practices and limits concerning the use of the Wallet Services without prior notice to You, including without limitation individual or aggregate transaction limits on the value or number of transactions during any specified time period(s) and Recharge Limits. In addition to any applicable account limits and Recharge Limits, We may restrict transactions to or from Your Wallet Account or limit access to Your Wallet Account in such amounts and for such time as We reasonably deem necessary to protect Us or other users if (a) We are subject to financial risk, (b) You have violated any term of this Agreement, (c) any dispute exists involving Your Wallet Account or transaction conducted in connection therewith, or (d) needed to protect the security of Our systems. We may restrict access to Your Wallet Account while We complete any pending investigation or resolve a pending dispute. We also may hold the funds in Your Wallet Account as required by law or court order or if otherwise requested by law enforcement or any governmental entity. For the facilitation of the foregoing, Your Wallet Account will show the Current Balance and the Available Balance. You will only be able to use funds showing in your Available Balance for payments and transfers from Your Wallet Account. Amounts in Your Current Balance exceeding the Available Balance may not be used for payments and transfers from Your Wallet Account and they will automatically and gradually be transferred to Your Available Balance as soon as the Recharge Limit(s) permit doing so, otherwise, You may request the transfer of the full Current Balance to a bank account You own upon the closing of Your Wallet Account. STC Pay may decline any request to load Your Wallet Account while the Recharge Limits are reached.
5.6 STC Pay may refuse to execute any transactions or orders or other use of the services if STC Pay has reasonable grounds to suspect fraud, a breach of the applicable Agreement by You or a violation of law. Transactions may also be delayed due to STC Pay’s or a third party’s compliance with its obligations under applicable anti-money laundering legislation, including if STC Pay or the relevant third party suspects the transaction involves fraud. In the event that STC Pay refuses to execute a transaction or order or other use of the services, You will be notified and We will provide You with objectively justifiable reasons for the refusal, unless it is unlawful for STC Pay to do so, or would compromise reasonable security measures.
5.7 Funding, payments and transfers are displayed in Your Wallet Account and You should check Your Wallet Account balance and transaction history regularly. You should report any irregularities or clarify any questions You have as soon as possible using the methods specified in Section 2.2 above.
5.8 We will provide You with a history of the transactions that You make under this Agreement at least once per month free of charge, including details of the amounts, the fees, charges and commissions, the dates and times of execution and the reference numbers for each transaction.
5.9 Except for Our role in offering the Wallet Services, We are not involved in any underlying sales transaction between You or any other user or Provider. The availability of payment methods may vary depending on the web-App You make purchases on. Providers may enable access to the Wallet Services for the purpose of initiating transactions that are authorized by other users through their Applications. In this limited capacity, We are neither the buyer nor the seller of the items or services the merchant offers for sale and are not a party to the sales contract. We will not mediate disputes between You and Providers or enforce or execute the performance of any sales contract.
6. International Remittances (This section applies to International Remittances)
6.1 You may transfer funds from Your Available Balance through International Remittances. You hereby acknowledge and agree that this Wallet Service is powered and serviced by Remittance Intermediaries and such International Remittances will be subject to special terms and conditions as described below:
(a) Unless applicable law in the destination country you specify for a Receiver requires otherwise, You will bear all fees, charges, local taxes, exchange fees, and any other fees and charges of whatever nature for International Remittances.
(b) Where possible, charges for International Remittances will be shared with You on the App prior to the completion of the transfer order. You acknowledge that such charges cannot always be calculated in advance. On requesting a transaction order, We will promptly share with You the applicable charges relating to the transaction.
(c) In the event You cancel a transaction, or a transaction is declined or for any other reason reversed, transaction fee and charges in relation to any International Remittances are non-refundable and therefore will not be returned to Your Wallet Account. You are therefore advised to ensure that your requests for International Remittances are carefully reviewed before submission via the App.
(d) Remittance Intermediaries may be prohibited from completing an International Remittance transaction by applicable law, including laws administered by the US Treasury Department’s Office of Foreign Assets Control (OFAC) and the European Union.
(e) International Remittances are normally paid out in the currency of the destination country. If the currency that You select is not the currency to be received by the Receiver, the amount of the International Remittance will be converted at the then current rate of the destination country and as STC Pay determines from time to time, in addition to the applicable transfer fee. Such currency conversion will be made at the time of making the transfer and the Receiver will receive the converted foreign currency amount. Where local regulations at the destination country require, the currency of the International Remittance must be converted at the time the International Remittance is paid out to Your Receiver, in which case the exchange rate and any amounts related to Your International Remittance may be subject to exchange rate fluctuations between the time of transfer and the time Your Receiver collects the corresponding funds. In countries that provide payment in multiple currencies, You must select the currency of payment to the Receiver at the time of selecting this Wallet Service. The transfer fee that the Remittance Intermediaries make when changing the funds into foreign currency may vary based upon the payment currency You selected.
(f) With respect to International Remittances from Your Wallet Account to another bank account, where available, You are liable for any additional fees applicable where the Receiver’s account is not in the local currency or if you choose to complete a transaction in currency other than the local currency, or where local regulations in the destination country require the currency to be converted at the time the Receiver is paid, the Receiver’s receiving institution may, at its discretion, convert the funds at its own exchange rate or reject the transaction. The exchange rate applied may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions.
(g) Remittance Intermediaries will refund the principal amount of an International Remittance (at the applicable exchange rate in effect at the time the refund is made) upon Your request via the App when possible or if payment to the Receiver is not made or credited within 45 days. Transfer fees and charges are not refundable. To the extent allowed by law, STC Pay and Remittance Intermediaries may deduct an administrative charge from International Remittances that are not picked up within one year of the send date.
(h) We and the Remittance Intermediaries do not guarantee the delivery or suitability of any goods or services paid for by means of International Remittance. In no event shall STC Pay or any Remittance Intermediary be liable if You communicate transactional data to any person other than the Receiver or if your Receiver communicates such transactional data to any other person. STC Pay is not responsible for any delay in the completion of an International Remittance transaction resulting from any cause whatsoever, including (without limitation) from: (i) a transaction exceeding any amount limitations, and/or (ii) regulatory restrictions or other restrictions. In no event shall STC Pay or any Remittance Intermediary be liable for damages for delay, non-payment or underpayment of an International Remittance, or non-delivery of any supplemental message, whether caused by negligence on the part of their employees or representatives or otherwise, other than refunding the principal amount of the International Remittance.
(i) In no event shall STC Pay or Remittance Intermediaries be liable for: (i) any fees, exchange rates used for conversion to non-local currency, (ii) acts or omissions of the destination or intermediary financial service providers, (iii) any losses resulting from any charges or fees being applied to Your International Remittance transaction, or (iv) any indirect, special, incidental, or consequential damages.
7. Payment Cards
7.1 Upon setting up Your valid and active Wallet Account, We may automatically issue for You a payment card linked to Your Wallet Account. You hereby agree and accept that We issue such payment card automatically.
7.2 Your payment card(s) will not be valid unless You activate such payment card in accordance with Annex 1 hereto, and by such activation You will be accepting the terms in Annex 1 applicable to Your payment cards. You are free to decide whether You activate and accept the payment cards and their terms or not.
7.3 The same terms of the preceding two sub-sections apply to your Supplemental Wallet Accounts, if any.
8. Prohibited Payments
8.1 We reserve the right to impose acceptable use terms in relation to the operation of Your Wallet Account and the provision of any Wallet Services including the prohibition of certain categories of transactions for example payments in relation to gaming, cryptocurrencies and all other virtual currencies by specifying these on the App. We will notify You in the event that We impose such terms in relation to Your Wallet Account at least thirty (30) days before the terms are implemented.
8.2 You must not use Your Wallet Account for any illegal purposes including without limitation fraud and money laundering. If You conduct or attempt to conduct any transaction in violation of the prohibitions STC Pay reserves the right to reverse the transaction, and/or close or suspend Your Wallet Account and/or report the transaction to the relevant law enforcement agency and/or claim damages from You.
9. Funding and Receiving Payment
9.1 Funds paid by You or a third party will be credited to Your Wallet Account on the Business Day they are received. If We receive funds after the Cut Off Time on a Business Day or on a day that is not a Business Day, funds will be deemed to have been received on the next Business Day. We shall not be responsible for the funds until they are received by Us.
9.2 In the event that the funds are subject to a reversal, We will deduct such reversed transaction from the balance of Your Wallet Account. If Your Wallet Account balance is insufficient to cover the reversal, We reserve the right to require repayment from You.
9.3 You should regularly reconcile incoming payments with Your own records. You should be aware that the crediting of funds to Your Wallet Account does not mean that these transactions cannot be reversed. We reserve the right to reverse a payment where the payer or the payer’s bank or payment service provider has reversed (or is reasonably likely to reverse) a payment to Your Wallet Account.
9.4 All payments to Us must be ascribed a clear and complete reference so that We can credit the funds into Your Wallet Account. Further details as to what references must be used are set out on the App.
9.5 It is Your responsibility to ensure that accurate, complete and correct references are ascribed for each incoming payment so that We can credit the funds into Your Wallet Account. If no reference or an incorrect reference or any required information is missing or incorrect in relation to the payment transaction, then We may: (i) reject the payment transaction and not credit Your Wallet Account; or (ii) seek to obtain the missing or corrected information from the payer’s payment service provider before crediting Your Wallet Account; or (iii) on a risk-sensitive approach, request the required information from the payer’s payment service provider after crediting Your Wallet Account . In such cases, We will not be liable for any loss You incur, although We will use reasonable efforts to investigate and credit or return incorrect and inaccurately referenced payments into or from Your Wallet Account.
9.6 We will provide You, after the execution of a payment credited to You, with the following information: (i) a reference to enable You to identify the payment transaction and where appropriate the payer and any information transferred with the payment transaction; (ii) the amount of the payment transaction in the currency in which the funds are at Your disposal; (iii) the amount of fees or charges for the payment transaction payable by You; (iv) the exchange rate used in the payment transaction by Us; and (v) the date on which the payment transaction was credited to Your account.
10. Sending Payments
10.1 We will consider any instruction for a payment transaction to have been authorised by You once You have given Us consent to carry it out. You consent to making a payment by following the on-screen prompts when using the App and using one of the tools We make available for You to confirm payments.
10.2 For the purposes of this Agreement, sending payments from Your Wallet Account means either making payments from Your Wallet Account to third party beneficiaries or Providers, instructing funds in Your Wallet Account to be transferred to another account in Your name with a third party or withdrawing funds in cash.
10.3 We will send payments in accordance with Your instructions to third party beneficiaries or another account held in Your name that You specify to Us in accordance with Your instructions. When making payments to yourself and not to a third party beneficiary, We will only make a payment to a bank account or to debit or credit card where You are the named holder of such account.
10.4 All payment instructions must be made through the App. It is Your responsibility to ensure that accurate, complete and correct payment instructions for the beneficiary of a payment (including payments to yourself) are provided to Us through the App.
10.5 This includes but is not limited to providing Us with correct details for the beneficiary to which You would like the payment sent. If You provide incorrect beneficiary details We will not be liable for any loss You incur, although We will use reasonable efforts to assist You in the recovery of Your payment. We reserve the right to charge You a fee to cover Our reasonable costs for doing this. If the We are unable to recover the funds on Your behalf, We will, on receipt of a written request from You, provide to You all available relevant information in order for You to claim repayment of the funds at no extra cost.
10.6 You are required to provide Us with any additional information that We request with regard to a payment within two (2) Business Days of Our request. You consent to Us including Your full name, address and account number (and any other details as are required to enable Us to comply with Our anti money laundering procedures) on the payment details to be sent to the beneficiary’s bank or payment service provider to comply with anti-money laundering regulations. If You instruct Us to make payment to a new or an existing beneficiary, and Your beneficiary account details are provided via an oral instruction (such as by telephone, video conferencing or other similar means) or otherwise by a communication that is not in writing then We will send You an email containing the beneficiary account details You have provided.
10.7 You may revoke or cancel a payment instruction for a future outgoing payment transaction at any time prior to payment execution through the App. You are responsible for confirming via the App that a payment instruction has been received and processed by Us. We are not liable for any loss in circumstances where erroneous duplicate payment instructions are sent to Us by You.
10.8 If STC Pay receives a payment instruction by the Cut Off Time on a Business Day, Your payment instruction will be deemed to have been received by Us on that Business Day. If Your payment instruction is received after the Cut Off Time or on a day that is not a Business Day, Your payment instruction will be deemed to have been received on the next Business Day.
10.9 After the receipt of a payment instruction, We will provide You with: (i) a confirmation of the successful or unsuccessful initiation and execution of the payment instruction; (ii) a reference number to track the status of the payment instruction; (iii), including: (a) the date and amount of the payment instruction; and (b) information relating to the payee; (iii) the amount of the payment instruction, any related fees or charges, including the actual currency and conversion rates used, and withdrawal charges, where applicable; and (iv) the date on which We received the payment instruction. We will ensure that all payment instructions that We send to You or third party beneficiaries under Your instructions are accompanied by the information required in accordance with the SAMA Guidelines.
10.10 You must notify Us by telephone or in writing as soon as is reasonably practicable after You become aware of any unauthorised or incorrectly executed payments. In order to claim a refund for an unauthorised or incorrectly executed payment transaction on Your Wallet Account You must notify Us without undue delay after becoming aware of the unauthorised or incorrect transaction. STC Pay will not be liable for incorrectly executed payments where You have failed to provide prompt notice of such matters We will use reasonable efforts to recover the funds from the incorrect recipient of the funds and the recipient’s payment service provider.
10.11 STC Pay may refuse Your payment instruction because for example You are in material breach of this Agreement or We reasonably believe the payment to be unlawful. In these circumstances We shall notify You using Your supplied contact details, stating wherever possible the reasons for Our refusal, and the procedure for rectifying any payment detail errors that led to the refusal but We reserve the right to charge You a fee to cover Our reasonable costs for doing this. We are not obliged to notify You of Our refusal to execute the proposed transaction where We reasonably believe that such a notification would be unlawful.
11. Making Payments
11.1 Our Wallet Service permits You to authorize payments to merchants and billers directly. The actual payment will not be completed until the merchant or service provider processes Your payment authorization with Us. A merchant or service provider may delay processing Your authorization. The payment authorization will be held with Us until the transaction is completed.
11.2 You may preauthorize merchants or billers to charge Your selected payment method using Recurring Payment, Multiple Payment or Split Payment. Multiple Payment may be used only for multiple payments which are not Recurring Payments. You may cancel or stop a Recurring Payment or a Multiple Payment at any time by logging into the “Your Account” portion of Our App and cancelling the authorization listed in “Account Settings”. The charges applied by a merchant for a Split Payment may not exceed the full amount of the order You agreed to pay.
11.3 You are entitled to a refund of the full amount of any payment transaction authorized by You and initiated by or through a merchant, provided the following conditions have been met (a) the authorization given to the merchant did not specify the exact amount of the transaction at the time the authorization was made, (b) the amount of the transaction exceeded the amount that You could reasonably have expected, taking into account Your previous spending patterns and this Agreement, and (c) You make the request for a refund as soon as possible and within the timeframe notified to You by STC Pay for the use of the Service. We reserve the right to request further information to ascertain whether these conditions have been satisfied. If You receive a refund for a purchase but You fail to return the product to the merchant, We may charge You for the product consistent with the original order.
11.4 In case of a non-executed or defectively executed transaction, We will rectify the error subject to the terms of this Agreement. In this case, We will refund Your Account with the amount of the non-executed or defectively executed transaction without undue delay and take any other action necessary to restore the account in the state in which it would have been had the defective transaction not taken place. We will make efforts to trace the transaction and will notify You of the outcome.
12.1 You will comply with any technical and operational specifications provided or made available by Us with respect to the Wallet Service (the “Specifications”). We will provide You with thirty (30) days prior notice of any changes to the Specifications and the terms of Section 19.2 below shall apply, unless such changes should be implemented with immediate effect for the best interest of You and Us. Prior to making Your App or service generally available for commercial use with Our Wallet Service, You will test Your App or service to ensure that it operates properly with the Specifications. You will correct any material errors, defects or other non-compliance of which You become aware, including from review and test results provided by Us.
12.2 We may make modifications, updates or upgrades to the Wallet Services and/or the STC Pay Materials and We will notify You of such modifications, updates or upgrades (as applicable) at least thirty (30) days in advance of such changes, unless such modifications require immediate implementation for the best interest of You or Us. In such event, You will test and, if necessary, modify Your web App or service to ensure that it continues to operate properly with the then-current version of Our Wallet Service.
13. Payment Terms
13.1 You agree to pay all applicable fees whenever You use Our Service either directly with Us or Our Affiliates or through a Provider’s Application. STC Pay will notify You of the applicable fees from time to time but prior to You authorising a payment transaction. All fees are within STC Pay’s discretion. If You use Our Wallet Services through a Provider’s Application, You are only responsible for the Fees associated with transactions that You authorize through that Application and for which the Provider notifies You that You are responsible when You register for or use the Application.
13.2 STC Pay reserves the right to change Our Fees at any time. Fees are assessed against the amount of the transactions, including all applicable charges (e.g., shipping, taxes, etc.). All e-money and all Fees, charges, and payments collected or paid through the Service are denominated in Saudi Arabian Riyal (SAR). We will notify You of any changes to the Fees at least thirty (30) days in advance of such changes coming into effect. If You do not agree to these changes, You can elect not to use the Wallet Services at Your convenience, and You may as well terminate this Agreement without cost to You provided You tell us You wish to terminate before the end of the period which is thirty (30) days from the date We notify You of the change to the Fees.
13.3 To the extent permitted by law, We may set off against Your balance in Your Wallet Account or debit Your funding instrument for any obligation You owe Us under this Agreement, including without limitation any Fees (“Deductions”). All Deductions are charged at the time We process a transaction and are deducted first from the transferred or collected funds and thereafter from Your Balance. If You owe Us an amount that exceeds Your balance in Your Wallet Account, We may charge or debit the funding instrument or You will pay Us the full amount of the outstanding Deductions upon receipt of Our invoice. You will be liable for and pay Us upon invoice all costs associated with collection in addition to the amount collected, including without limitation attorneys’ fees, court costs, collection agency fees, and any applicable penalty.
13.4 In the event there is an error in the processing of any transaction, You authorize Us to initiate debit or credit entries to Your Wallet Account to correct such error, provided that any such correction is made in accordance with applicable laws and regulations.
13.5 You are responsible for determining any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance or use of the Wallet Service, Your use of the App, the sale or purchase of any products or services, or otherwise in connection with any action, inaction, or omission by You or any affiliate of yours, or any of Your or Their respective employees, agents, contractors, or representatives (“Taxes”). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We and Our Affiliates are not obliged to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.
14. Term and Termination
14.1 This Agreement commences on the date that You make a purchase using the Wallet Service or register for a Wallet Account with Us on the App. The Agreement will continue unless and until terminated in accordance with the provisions of this Section 14.
14.2 Unless otherwise agreed in writing by You, You may terminate this Agreement at any time by contacting customer service as per Section 2.2 above and closing Your Wallet Account. Upon closure of Your Wallet Account, any pending transactions will be cancelled.
14.3 Except as otherwise agreed in writing, We may terminate the Wallet Service and this Agreement, for any reason at any time by providing prior written notice to You. Without limiting the foregoing, We may suspend the Service and block access to Your Wallet Account (including without limitation the funds in Your Wallet Account) if (a) You have violated the terms of this Agreement, (b) We determine that You pose an unacceptable credit or fraud risk to Us, (c) You provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct, (d) We have security concerns regarding Your Wallet Account, including Your Credentials, or (e) We suspect unauthorized or fraudulent use of Your Wallet Account or any payment information in Your Wallet Account. In such cases We will inform You of the suspension of Your Wallet Account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless We determine giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate Your Wallet Account or Credentials, or replace it or them, as applicable, once We have resolved the reasons for suspension. You must notify Us through the methods specified in Section 2.2 above if You wish to request Us to reactivate Your Wallet Account.
14.4 We will not be liable to You for compensation, reimbursement, or damages of any kind, direct or indirect, including damages on account of the loss of prospective profits, anticipated sales, goodwill, or on account of expenditures, investments, or commitments in connection with Your use of the Wallet Service, or in connection with any termination or suspension of the Wallet Service. Upon termination of this Agreement for any reason: (a) You will remain liable for all fees, charges and other payment obligations that have been incurred through the date of termination with respect to the Wallet Service; and (d) Your access to the App will be terminated. In addition to any payment obligations under this Agreement, and any other terms which by Their nature will survive the termination or expiration of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with Their terms upon the termination of this Agreement.
14.5 If after termination of the Agreement there are funds in Your Wallet Account, upon Your request, STC Pay will redeem the full amount of the outstanding e-money. You may request redemption of Your funds to be provided in cash or by transfer to Your bank account (in which case You will need to provide Us with Your bank account details). We will process redemption request within one month of receipt of Your request. STC Pay will do its best to provide redemption of the funds on Your Wallet Account by the method You have chosen, but retains a discretion to determine the method to be used based on the amount of funds that You hold.
15. Privacy; User Information
16.1 You represent and warrant to Us that: (a) You are eligible to register and use the Wallet Service and have the right, power, and ability to enter into and perform under this Agreement and grant the rights, licenses and authorizations You grant under this Agreement; (b) the name identified by You when You registered is Your name or the business name under which You sell products and services; (c) any sales transaction submitted by You will represent a bona fide sale by You as described on Your App or Application; (d) You will only use the Wallet Service to transact on Your own account and not on behalf of any other person or entity; (e) You and all transactions initiated by You will comply with all laws, rules, and regulations applicable to Your business, including any applicable tax laws and regulations; (f) You will not use the Wallet Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Wallet Service; (g) You are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
16.2 We and Our Affiliates (and their licensors) make no express warranties or representations with respect to the provision of the Wallet Services.
16.3 In particular, we, and Our Affiliates (and their licensors) do not represent or warrant to You that:
(a) Your use of the Wallet Services will meet Your requirements;
(b) Your use of the Wallet Services will be uninterrupted, timely, secure or free from error; and
(c) any information obtained by You as a result of Your use of the Wallet Services will be accurate or reliable.
16.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Wallet Services except to the extent that they are expressly set out in the Agreement.
17.1 Nothing in the Agreement will exclude or limit Our liability for losses which may not be lawfully excluded or limited by applicable law.
17.2 Subject to Section 16.1 above, we, and Our Affiliates (and its licensors), will not be liable to You for any:
(a) loss of profit;
(b) loss of goodwill or reputation;
(c) loss of business;
(d) loss of revenue;
(e) loss of data; or
(f) any indirect or consequential losses.
17.3 Subject to Section 16.1 above, we, and Our Affiliates (and its licensors), will not be liable to You for any loss or damage which may be incurred by You as a result of:
(a) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the App;
(b) any change which We may make to the Wallet Services, or any permanent or temporary cessation in the provision of the Wallet Services (or any features within the Wallet Services);
(c) malfunction of the Wallet Services;
(d) the deletion of, corruption of or failure to store any communications data maintained or transmitted by or through Your use of the Wallet Services;
(e) Your failure to provide Us with accurate account information; or
(f) subject to Section 4.8 above, any fraudulent use of the Wallet Services by You.
18.1 You will indemnify, defend and hold harmless Us and Our Affiliates (and Their respective employees, directors, agents and representatives) from and against any and all claims, costs, actions, suits, or demands and any related losses, damages, liabilities, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of Your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of Our Policies or Association Rules; (b) any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by Your trademarks used in connection with the Wallet Services or Your App or Application using the Wallet Service; (c) Your use of the Wallet Service; or (d) any transaction submitted by You through the Wallet Service.
19. General Provisions
19.1 This Agreement is available in Arabic and English languages, and You agree that We will communicate with You and You will communicate with Us in Arabic or English during the term of this Agreement. When You visit the App or send e-mails to Us, You are communicating with us electronically. We communicate with You via the App and the e-mail address We have on file for You. By registering for the Wallet Service and accepting the terms of this Agreement, You affirmatively consent to receive notices electronically from Us. We may provide all communications and information related to the Wallet Service and Your Wallet Account, including without limitation agreements related to the Wallet Service, amendments or changes to such agreements or any Policies, disclosures, notices, transaction information, statements, responses to claims and other customer communications that We may be required to provide to You by law (collectively, “Communications”) in electronic format. Communications may be posted to the App or sent by e-mail to the e-mail address We have on file for You, and all such Communications will be deemed to be in “writing” and received by and properly given to You. You are responsible for printing, storing and maintaining Your own records of Communications, including copies of this Agreement. This condition does not affect Your statutory rights, including the right to request a copy of this Agreement.
19.2 We may modify the terms of this Agreement, the Specifications, any Policy, or the features of the Wallet Service at any time however We will provide You with at least thirty (30) days notice before We implement any such changes. We will notify You of any updated Agreement or Policy by posting it to Our App. If You do not agree to any change to this Agreement, the Specifications, any Policy or feature of the Wallet Service, You may terminate this Agreement and close Your Wallet Account without charge to You for such termination. You will be deemed to accept the changes to Policies, the Specifications, this Agreement, or the features of the Wallet Services (as applicable) if You do not terminate this Agreement by the date which is thirty (30) days from the date that We notified You of the change. You are at all times responsible for reading and understanding each version of this Agreement and Our Policies.
19.3 Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between You and Us or Our Affiliates. Further, neither party shall be deemed to be an agent or representative of the other by virtue of this Agreement. Neither party is authorized to, and will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other party. Without limiting the generality of the foregoing, neither party will enter into any contract, agreement or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other party.
19.4 You may not assign or transfer any rights, obligations, or privileges that You have under this Agreement without Our prior written consent. Subject to the foregoing, this Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.
19.5 To be effective, any waiver by a party of any of its rights or the other party’s obligations under this Agreement must be made in a writing signed by the waiving party. No failure or forbearance by either party to insist upon or enforce performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise constitutes a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
19.6 If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon Our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
19.7 This Agreement shall be governed by the laws of the Kingdom of Saudi Arabia. This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed and interpreted in accordance with the laws of the Kingdom of Saudi Arabia. All disputes arising from or related to this Agreement shall be determined in accordance with the dispute resolution procedures established by SAMA from time to time.
19.8 If You wish to make a complaint about the Wallet Service, You can make a complaint by notifying STC Pay’s Customer Support Centre as per Section 2.2 above. We will ensure that all complaints are handled and addressed in a fair and timely manner. We will communicate with You regarding Your complaint within a period of seven (7) calendar days from the date of receipt (unless You notify Us that the complaint has been resolved). We will respond to You with a decision regarding Your complaint within fourteen (14) calendar days from the date We receive the complaint.
19.9 This Agreement, including without limitation the Policies, constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on Us unless set forth in writing and signed by Us.
19.10 By selecting the “Continue” tab at the starting screen, You confirm that You have read this Agreement, You agree to all terms, conditions, and notices contained or referenced in this Agreement and You provide Your express consent to the same.
STC PAY PAYMENT CARDS TERMS AND CONDITIONS
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 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.
2. PERIOD OF VALIDITY OF THE PAYMENT CARDS
2.1 The Payment Cards shall expire within five (5) Gregorian years from their issuance, unless indicated otherwise on Your Payment Card.
3. 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.
4. 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 accordingly 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.
5. 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 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 Payment Card before We receive notice in accordance with this section reporting the unauthorised use or access to Your 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.
6. 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 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 payment limit set by Us as described in section 7 below.
7. PAYMENT CARD LIMIT AND PAYMENT TRASNACTIONS
7.1 The limit of payments 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. This limit 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 You will be able to access statements and summaries of transactions relating to Your Payment Card(s) via the App.
7.3 At carrying out any transaction using Your Payment Card, we will charge such amounts by automatically debiting Your Wallet Account for each transaction.
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 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. In the event you disagree with any amount charged to Your Payment Card as indicated in the statement, You must communicate the same to Us as per Section 2.2 of Your Agreement within 30 days of showing such transaction on the statement, failing which, We will not be responsible if the transaction concerning such issue is not successfully disputed with the transaction processing bank or the biller.
8. 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 reserve the right to amend our charges and fees or any other term under this Agreement from time to time, at our discretion. Any such variations or amendments will become effective and binding on You within 30 days from notifying You (unless we expressly mention a longer period) by any means We deem ﬁt. Your use of the Payment Card after the date upon which any change to these Payment Cards Terms is to have effect will constitute Your unconditional acceptance of such change(s).
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: The value of all transactions made via Your Payment Card will be charged to Your Wallet Account in the currency of Your Wallet Account as advised by Us. Such Payment Cards transactions that are effected in currencies other than the currency of Your Wallet Account will be debited to Your Wallet Account after conversion into Your Wallet Account’s currency at a rate of exchange to be determined by Us from time to time. All transactions that are conducted or contracted in currencies other than US Dollar will ﬁrst be settled in US Dollar and then converted to and settled in the currency of Your Wallet Account.
9. DISPUTED TRANSACTIONS
9.1 Your liability for unauthorized use of Payment Cards shall be limited by the following:
9.1.1 Where the unauthorized 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 unauthorized 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 Your Available Balance or the amount of unauthorized 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 unauthorized 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 unauthorized use.
9.2 Where You inform us of unauthorized 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 unauthorized usage of the Payment Cards.
9.3 After Our receipt of a notification of loss or theft of a Payment Card, We will block the Payment Card. You will thereafter have no further liability provided that You have acted in good faith and with all reasonable care and diligence in safeguarding the Payment Card unless it has been proven to Us that You acted in bad faith. In case You recover the Payment Card, You shall report the matter to Us and the police and
immediately hand over the recovered Payment Card to any of Our support centers in the country for destruction. You must not make any
attempt to use that Payment Card that has been reported as lost or stolen.
9.4 The authorization and indemnity under this section shall remain in full force and effect unless and until We receive, and have had a reasonable time to act upon, notice of termination from You in accordance with the terms herein, save that such termination will not release You from any liability under this authorization and indemnity in respect of any act performed prior to the expiry of such time.
9.5 Your failure to sign any sales slip or mail order coupon will not relieve You from liability to Us in respect of the sales and mail orders. You have the objection right against any amount charged on the Payment Card as mentioned above.
9.6 We shall not be responsible for any loss or damage arising directly or indirectly from any malfunction/failure of the Payment Card arising out of Your mistake, the insufficiency of funds or any other reason either within or beyond Our control unless such direct and actual loss or damage occurs as a result of Our negligence.
10.1 From time to time, We may at Our sole discretion announce cashback programs (each, a “Program”) on certain transactions made via Your Payment Cards or via certain types of Payment Cards (each, a “Qualifying Transaction”). We at Our sole discretion may not enable cashback for transactions on selected categories of Merchants.
10.2 The terms of this section will automatically apply to such Programs in addition to the specificities of the Program that we may announce from time to time.
10.3 Qualifying Transactions that we may specify for each Program do not include charges, Payment Card fees (if applicable), transactions that are reversed by Merchants, foreign currency, money orders, interest, unauthorized or fraudulent transactions, or Wallet Account charges of any kind (as applicable).
10.4 Cashback will not be paid on transactions that You subsequently cancel or return for a refund.
10.5 We at Our sole discretion may from time to time change the method for receiving cashback for a Qualifying Transaction.
Payment of cashback
10.6 Cashback will be earned automatically at the amount or rate that we specify for each Program, and is provided by Us without impacting any other offers provided by the Merchant.
10.7 In accordance with the then current Program, We will pay You any cashback earned on your Qualifying Transactions by crediting Your Current Balance of Your Wallet Account within thirty (30) days from the date of the relevant Qualifying Transaction, provided that Your Wallet Account is valid and active. The cashback earned will be reflected on Your statement available through the App.
10.8 Because cashback is paid within thirty (30) days from a Qualifying Transaction, if You close Your Wallet Account or Your Payment Card is cancelled before a cashback is credited, You will lose any cashback that has been earned but not yet added to Your Current Balance. In the event Your Payment Card is blocked or suspended for any reason whatsoever, then cashback accumulated will be forfeited but may be reinstated, at Our sole discretion.
10.9 Any Qualifying Transactions that are refunded to Your Payment Card will not be eligible for cashback and any corresponding cashback credit will be cancelled or reversed (as the case may be). If such reversal of cashback generates a negative cashback amount, we will debit such outstanding amount from Your Wallet Account.
10.10 Cashback payments credited to Your Payment Card will not count towards your payment of the transaction for which cashback has been earned, and We will continue to charge Your Wallet Account in accordance with these Payment Cards Terms.
10.11 Cashback that is earned on any Supplementary Payment Card will be credited to the Wallet Account to which the primary Payment Card is linked.
10.12 Cashback is not transferable by operation of law or otherwise to any other person or entity. Cashback is an accrual payable solely at Our discretion; it is not a balance which may be transferred to any other person or entity. Cashback is not exchangeable for other rewards, or refundable, replaceable, or transferable under any circumstances.
10.13 Cashback has a monetary value; it can be redeemed only as a credit to Your Wallet Account. When credited, the equivalent value will reflect as a credit to the Wallet Account in the same manner as any other repayment.
10.14 We reserve the right not to credit any cashback earned or wipe off any cashback accumulated on Your Payment Card if You misuse Your Payment Card or Wallet Account.
Stopping or changing a Program or cashback payments
10.15 We can amend the terms of this section or remove Your ability to earn cashback at any time. We will inform you if we do this, in accordance with the notification terms in Your Agreement.
10.16 Our decision on computation, lapse, cancellation, forfeiture, credit, debit and re-installment of cashback shall be final, conclusive and binding on You.
11.1 You may terminate these Payment Cards Terms if You do not agree to any amendment, change or modification notified to You by Us 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.
11.2 If You exercise Your right to terminate under section 10.1 above, You must make payment of all amounts outstanding on the Payment Cards to us and return the Payment Cards to us, if requested.
11.3 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.
11.4 You authorize Us to send Your and any Supplementary Payment Card cardholders’ data declaration and accounts details to SAMA, banks and any other applicable authorities. You authorize 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.
11.5 The Saudi Riyal shall be used as a basis for calculating all transactions and charges in respect of the Payment Cards.
11.6 You irrevocably agree that We may subcontract the provision of part or all of the services provided to You under these Payment Cards Terms to any third party, whether or not that third party operates in another jurisdiction or territory. We shall remain liable to You for any recoverable direct loss or damage incurred as a result of such subcontracting and maintain the confidentiality of any such
information to the same extent as We do.
11.7 We shall not be liable for the refusal of any merchant or establishment to accept or honor the Payment Card, nor shall We be responsible in any way for the goods or services supplied to You. You must resolve any such complaints directly with the merchant or establishment. We shall have no responsibility in this respect. No claim by You against the merchant or establishment may be the subject of a claim against Us. We will credit Your Payment Card with the amount of any refund only upon receipt of a properly issued credit voucher from the merchant establishment.
11.8 You must notify Our support center in writing as soon as possible of any changes in Your address and/or telephone numbers of office, residence and/or mobile. Failure to do so will relieve Us from any further liability with regards to official correspondence.
11.9 You authorize Us to rely upon and act in accordance with any notice, instruction, demand or other communication which may from time to time be, or purport to be, given by telephone, facsimile or other means by You or on Your behalf (the “Instructions”) without any enquiry on Our part including, without prejudice to the generality of the foregoing, as to the authority or identity of the person giving or purporting to give the Instructions and regardless of the circumstances prevailing at the time of receipt of the Instructions.
11.10 We shall be entitled to treat the Instructions as fully authorized by and binding upon You, and We shall be entitled to take such steps in connection with or in reliance upon the Instructions as We may consider appropriate, whether the Instructions include Instructions to pay
money or otherwise to debit or credit any account, or relate to the disposition of any money, securities or documents, or purport to bind your type of transaction or arrangement whatsoever, regardless of the nature of the transaction or arrangement or the amount of money involved
11.11 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.
TERMS FOR ENABLING PAYMENT CARDS ON THIRD PARTY PAYMENT PLATFORMS
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.
2. 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:
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. You hereby agree and undertake to communicate only with Our contact center should you have any issue and not to contact any Third Party Platform unless we advise you otherwise in writing.
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.
2.8 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.
3. USE OF THE PAYMENT CARD
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.
4. 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.
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 willful 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.
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:
6.2.2 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
7. suspension or termination in order for Us to comply with applicable law or orders from a competent regulator.