Your privacy is important to us. Your ability to make informed choices about the uses of your information is important to us. We are committed to protecting your privacy and the information that can identify you (“Personal Information”) that you provide when you deal with us and as you access our platform through our web or mobile applications or any other mean. This Privacy Policy explains our policy regarding the collection, use, disclosure, and protection of Personal Information. By accessing and using our web or mobile applications, you agree and consent to the collection, use and disclosure of your Personal Information as outlined in this privacy statement, unless different terms are specified as part of a special offer or in another form or contract, we provide you in which case such terms will apply.
This Privacy Policy of Alhulul Almobassatah Financial Company, a Saudi closed joint stock company registered in the Commercial Register of Riyadh under number 1010720399 and unified number 7023575785 ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our web or mobile applications ("web/mobile applications"), such as when you: · Visit our website at https://www.sifi.app/ , or any website of ours that links to this Privacy Policy;· Integrate or use our application (SiFi), or any other application of ours that links to this Privacy Policy; or· Engage with us in other related ways, including any sales, marketing, or events.
Reading this Privacy Policy will help you understand your privacy rights and choices. This Privacy Policy is an integral part of SiFi’s terms and conditions that apply to you. By submitting your information to us you consent to us to use your information for the purposes set out in this Privacy Policy. If you do not agree with our policies and practices, please do not use any of our applications. If you still have any questions or concerns, please contact us at Support@sifi.sa
What personal information do we process?
When you visit, use, or navigate our web/mobile applications, we may process personal information depending on how you interact with us and our web/mobile applications, the choices you make, and the products and features you use.
Do we process any sensitive personal information?
We may process sensitive personal information, when necessary, with your consent or as otherwise permitted by applicable law.
Do we share any information with third party?
We may share your personal data and information with third parties for the delivery of specific services and functionalities via the our web/mobile applications or to contribute to the development of the services and functionalities of such third parties. We require these third party service providers to implement measures to maintain the security of your data, and to align their data use practices with the terms of this Privacy Policy. However, we shall not be liable for any misuse or violation of this Privacy Policy by any such third party.
How do we process your information?
We process your information to provide, improve, and administer our web/mobile applications, communicate with you, for security and fraud prevention, and comply with the law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which parties do you share personal information?
We may share information in specific situations and with specific third parties.
How do we keep your information safe?
We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
How do you exercise your rights?
The easiest way to exercise your rights is by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
Personal information you disclose to us
In short: We collect personal information that you provide to us.We collect personal information that you voluntarily provide to us when you register on the web/mobile applications, express an interest in obtaining information about us or our products and web/mobile applications, when you participate in activities on the web/mobile applications, or otherwise when you contact us.
Personal Information Provided by You
The personal information that we collect depends on the context of your interactions with us and the web/mobile applications, the choices you make, and the products and features you use. The personal information we collect may include the following:
· Names
· Phone numbers
· Email addresses
· usernames
· Passwords
· Date of birth
· Gender
· Contact preferences
· Contact or authentication data
· Billing addresses
· Debit/credit card numbers
· Job titles
· Mailing addresses
· Authentication information of your customers
· Personal information of your customers
· Bank account information· National ID / IQAMA
Application Data. If you use our web/mobile applications, we also may collect the following information if you choose to provide us with access or permission:
Geolocation Information.
We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based web/mobile applications.If you wish to change our access or permissions, you may do so in your device's settings.
Push Notifications.
We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our web/mobile applications.We automatically collect certain information when you visit, use, or navigate the web/mobile applications. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our web/mobile applications, and other technical information. This information is primarily needed to maintain the security and operation of our web/mobile applications, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:
Log and Usage Data.
Log and usage data are web/mobile applications-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our web/mobile applications and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the web/mobile applications (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
Device Data.
We collect device data such as information about your computer, phone, tablet, or other devices you use to access the web/mobile applications. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet web/mobile applications provider and/or mobile carrier, operating system, and system configuration information.
Interaction through social media.
Any posts or interactions you have with us on social media channels.
In Short: We process your information to provide, improve, and administer our web/mobile applications, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.We process your personal information for a variety of reasons, depending on how you interact with our web/mobile applications, including:
• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
• To deliver and facilitate the delivery of web/mobile applications and functionalities to the user. We may process your information to provide you with the requested web/mobile applications.
• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested web/mobile applications.
• To send administrative information to you. We may process your information to send you details about our products and web/mobile applications, changes to our terms and policies, and other similar information.
• To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through our applications.
• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our web/mobile applications.
• To protect our web/mobile applications. We may process your information as part of our efforts to keep our web/mobile applications safe and secure, including fraud monitoring and prevention.
• To identify usage trends. We may process information about how you use our web/mobile applications to better understand how they are being used so we can improve them.
• To save or protect an individual's vital interest. We may process your information when• necessary to save or protect an individual’s vital interest, such as to prevent harm.
We may use cookies and other tracking technologies to collect and store your information.
To improve your experience and tailor our service to you, we use technology called “cookies” to collect how our website is used. These may include your data; The use of cookies is essential to the operation of our website and services.
In Short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in the Kingdom of Saudi Arabia. If you are accessing our web/mobile applications from outside the Kingdom of Saudi Arabia, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?”), in Saudi Arabia, and other countries.
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures to protect the personal information that we have under our control from unauthorized access, use, disclosure and accidental loss. When you enter personal information, we encrypt the transmission of that information or use SSL connections (Secure Socket Layer) technology. You are solely responsible for maintaining the security and confidentiality of your account username and password. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, the transmission of personal information to and from our web/mobile applications is at your own risk. You should only access the web/mobile applications within a secure environment.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us.
In short: Yes, we will update this Privacy Policy as necessary to stay compliant with relevant laws.
We may update this Privacy Policy from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.
If you have questions or comments about this Privacy Policy, you may email us at:
Support@sifi.sa
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit an email at support@sifi.sa
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These SiFi Platform Terms and Conditions and each Extension (as applicable, including any Policies) along with the Application Form (the "Agreement") set out the terms on which SiFi will enable the Customer to avail the products and services offered pursuant to this Agreement.
This Agreement will be effective from the date of acceptance by the Customer upon completing and submitting to SiFi the Application Form (the "Effective Date").
The following terms shall have the meaning ascribed to them wherever they appear in this Agreement unless the context requires otherwise:
"Account Administrator" means the individual person who completes the required verification substantiating having the required authorities to set up and manage the Account.
"Account" means the e-wallet account SiFi holds for the Customer.
"Affiliate" means an entity owned or controlled by SiFi or any entity controlled by, in control of, or under common control with SiFi.
"App" means the SiFi e-wallet services app made available and as updated by SiFi from time to time for use by Customers, which includes limited features of the Customer Portal.
"Applicable Law" means all applicable national, state, local, municipal legislation, regulations, statutes, by-laws, consents and/or other law, orders, court rulings and any other instrument having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions) relating to or connected with the activities contemplated under this Agreement in the Kingdom of Saudi Arabia.
“Application Form” means the physical or digital document or interface provided by SiFi to the Customer as part of SiFi’s onboarding and registration requirements, as determined by SiFi from time to time.
"Brand Elements" means the distinctive aspects of each party’s brand identity, including but not limited to trade names, trademarks, service marks, logos, domain names, and other distinguishing brand attributes, as owned (or licensed) by the respective party at any given time.
"Business Day" means a day other than a public holiday on which banks are normally open for business in the Kingdom of Saudi Arabia.
"Credentials" means passwords and access keys that the Customer uses to access the SiFi Platform via the App or the Customer Portal.
"Customer Bank Account" means the bank account of the Customer maintained at a bank located in Saudi Arabia that is designated by the Customer and registered on the Customer Portal for receipt of funds."Customer Personnel" means such persons who complete the verification required by SiFi and have been invited and given access by the Customer to benefit from the use of the SiFiPlatform pursuant to the terms of this Agreement and the terms applicable to such personnel as SiFi requires from time to time for the purposes of such personnel having a legal relationship with the Customer triggering payment management requirements (e.g. employees, contractors…).
"Customer Portal" means such SiFi web portal that gives the Customer access to use the Wallet Services whether hosted by SiFi or integrated with the Customer’s information technology systems, and may as well be partially available for limited purposes via the App.
"Customer" means a person with a legal personality that holds the Account with SiFi.
"Cut Off Time" means the last time for making or receiving payments under the relevant payment scheme.
"Disputes" means any disagreements, litigation, arrangements and/or other such disputes between Customers or other third parties arising from the use of the Wallet Services other than Service Disputes.
"Extension" means such extension terms and conditions relating to a specific service as may be appended to this Agreement from time to time.
"Fees" means the fees, recharges, markups, Subscription Fees, and foreign exchange rates, and any other charges and commissions (as applicable) charged by SiFi for the Wallet Service as notified by SiFi to the Customer pursuant to the terms of this Agreement.
"Force Majeure Event" means any unforeseeable or unavoidable event or circumstance which is beyond the reasonable control of either party, including but not limited to an act of God (including fire, flood, earthquake or other natural disaster); act of any sovereign (including terrorist attacks, war, invasion, act of foreign enemies, hostilities); labour dispute (including strike, lockout or boycott); act of failure or interruption or failure of utility service (including electronic, power, gas, water or telephone services); acts or failure to act on rulings of administrative boards, government authorities or any other cause beyond the reasonable control of either party, as a result of which such party is unable to perform its obligations, in whole or in part, under this Agreement, but shall exclude causes related to the parties to this Agreement.
"Freelancer" means any Customer duly registered with a freelancer license that uses the Wallet Services. Any matters that are not subject to terms specific to Freelancers shall be subject to the same terms and conditions applied to Customers unless the text clearly expresses otherwise.
"Intellectual Property Rights" means all patent rights, copyrights, semiconductor topography rights, rights in software, moral rights, trade mark and/or service marks, logos, rights in or relating to databases, rights in or relating to confidential information or trade secrets, rights in relation to domain names and any other proprietary rights (registered or unregistered) throughout the world, including all rights of reversion and rights to any applications and pending registrations and the right to sue for and recover damages for past infringements.
"MID" means such unique identification number designated to a Customer by SiFi upon to the Agreement becoming effective and completion of the Customer’s onboarding and registration requirements to open an Account with SiFi.
"Policies" means all of SiFi’s applicable policies, notices, procedures, specifications, FAQs, guides, and guidelines that are provided or made available to Customers, appear on the Customer Portal or are referenced in this Agreement.
"SAMA Regulations" means the regulations, guidelines, circulars and related practices adopted by SAMA from time to time in relation to payment service providers."SAMA" means the Saudi Central Bank.
"SAR" means Saudi Arabian Riyals.
"Service Disputes" means any disagreements, complaints, litigation, arrangements and/or other such disputes arising solely from the alleged failure by SiFi to meet its obligations under this Agreement or any Applicable Law and any associated error in the provision of the Wallet Services.
"SiFi Platform" means the digital platform established by SiFi through which SiFi enables the offering of the Wallet Services and Customers may access it via the Customer Portal or the App.
"SiFi" means Alhulul Almobassatah Financial Company, a Saudi closed joint stock company registered in the Commercial Register of Riyadh under number 1010720399 and unified number 7023575785, and having its address at 7544, King Fahad Road, Annakheel District, 5588, Riyadh 12381, Kingdom of Saudi Arabia, subject to the regulation and monitoring of SAMA.
"Team Budget Manager" means a person authorised by the Account Administrator to manage certain features within the SiFi Platform in respect of an account who completes the verification as SiFi may require.
"Spending Limit" means the maximum amount permitted to be used per each Payment Card from the Usable Balance, which the Account Administrator may set via the App or the Customer Portal, and that the Team Budget Manager may distribute within such limits that the Account Administrator sets, or automatically adjusted subject to this Agreement, and subject to the then applicable Usable Balance Limit, Usable Balance and section 8.6 of this Agreement.
"Subscription Fees" means the fees charged by SiFi to Customer for the subscription to the SiFi Platform pursuant to terms of this Agreement.
"Tax" means and includes all forms of taxation (including value added tax) and statutory, governmental, state, local governmental or municipal impositions, duties, contributions, deductions, withholdings, and levies whether of the Kingdom of Saudi Arabia or elsewhere whenever imposed.
"Total Balance" means the Usable Balance and any other balance considered in the aggregate. SiFi will display the amounts as such in the App or the Customer Portal.
"Usable Balance Limit" means the maximum amount that Customer may top-up and hold in its Account, that may be accessed for immediate use, as set out by SiFi from time to time in accordance with the Applicable Law.
"Usable Balance" means the total amount held at the Customer’s Account in the aggregate, which is usable by the Customer subject to this Agreement, the Usable Balance Limit. SiFi will designate the amounts as such in the App or the Customer Portal.
"Wallet Services" means the services provided by SiFi to Customers, which include the ability for Customers to make payments from their Account as well as to receive payments into their Accounts and transfer amounts from their Accounts to their Customer Bank Accounts.
2.1 This Agreement applies when a Customer registers for an Account or opts for using the Wallet Services with SiFi upon the Account Administrator completing the required onboarding and verification requirements set by SiFi, thus enabling the Customer and Customer Personnel to make payments for purchasing products and/or services, make remittances and receive certain payments as set out in this Agreement and any applicable Extension and Policies.
2.2 Eligibility. Customers may not use the Wallet Services and may not accept the Agreement if:
(a) The Customer is not permitted to avail Wallet Services for any regulatory reason;
or
(b) The Account Administrator is a person barred from receiving the Wallet Services under the laws of the Kingdom of Saudi Arabia.
3.1 A copy of the Agreement, as amended from time to time, is available to Customers on the Customer Portal and the App. In order to use the Wallet Services, the Customer must first accept the Agreement as indicated via the Customer Portal. This Agreement forms a legally binding agreement between the Customer and SiFi. The Customer can accept the Agreement selecting such option when prompted on the Customer Portal and as indicated towards the end of this Agreement.
3.2 Throughout the duration of the Agreement, the Customer may request to be provided with the Agreement, and a link to the Agreement will be sent to the Customer’s designated email address free of charge.
3.3 The Agreement will be provided to the Customer in Arabic or in English, as chosen by the Account Administrator.
3.4 The Customer’s relationship with SiFi will be governed by the language version of the Agreement that the Account Administrator selects at the time of accepting the Agreement. If the Customer has selected the Arabic version, the relationship will be governed by the Arabic version. If Customer has selected English, then the relationship will be governed by the English version.
This Agreement applies to the Customer’s use of the Wallet Services. SiFi’s Wallet Services enable users to use a digital wallet to cash-in, pay for goods and services,withdraw/redeem funds in their wallet Account and transfer funds both within the Kingdom of Saudi Arabia and internationally.
This Agreement applies to the Customer’s use of the Wallet Services. SiFi’s Wallet Services enable users to use a digital wallet to cash-in, pay for goods and services,withdraw/redeem funds in their wallet Account and transfer funds both within the Kingdom of Saudi Arabia and internationally.
The Customer, the Account Administrator, the Team Budget Manager, and any Customer Personnel are required to have an eligible device in order to use the Wallet Services. SiFi, at its own discretion, shall determine which devices are eligible to be used with the Wallet Services and shall provide Customers with a list of such devices or types thereof on request by Customers in the event they encounter an issue. Devices that have been unlocked in an unauthorised fashion or otherwise modified may not be eligible to use the Wallet Services.
6.1 Customers can contact SiFi by telephoning its customer service team at 920031030, via the chat facility on the Customer Portal or App, or by writing to SiFi by email at support@sifi.sa or through social media.
6.2 If SiFi has to contact the Customer, it will do so by telephone, email, App-chat facility, chat bots or other methods at SiFi’s discretion.
7.1 To use the Wallet Services, the Customer must complete all required information elements on the SiFi registration process and open up an Account with SiFi.
7.2 The Account Administrator handling the registration process must be at least 18 years old and adequately authorised to open an Account for the use of the Wallet Services. Similarly, the Team Budget Manager given access to manage certain features relating to the Account must have the adequate authorisations and be at least 18 years old.
7.3 The Account Administrator and any Team Budget Manager must complete the verification process required by SiFi. However, the Customer remains fully responsible for the acts of the Account Administrator and any Team Budget Manager having access to the Account. If the Customer wishes to cash-in or cash-out from the Account, the Customer may do this through a valid funding instrument (as SiFi determines 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.
7.4 Customers must provide current, complete, and accurate information and maintain it as current and accurate during their use of the Wallet Services. Customers agree to provide any information that SiFi may require or that may be required by law or any underlying financial institutions to provide the Wallet Services. The Customer will promptly give SiFi all documents and other evidence that SiFi reasonably asks for at any stage of using the Wallet Services. SiFi may require the Customer to provide additional information to verify the Customer, the Account Administrator and/or a Team Budget Manager as a condition to provide the Customer with the Wallet Service or before SiFi permits the Customer to make payments or receive or redeem funds from the Account. The Customer agrees to provide such information as SiFi may require in this regard, including information necessary to validate the identity of the Customerand its representatives or confirm the authenticity of any funding instrument that the Customer registers for use with SiFi.
7.5 SiFi may make, directly or through any third party, any inquiries it considers necessary to validate information that the Customer provides to SiFi, including without limitation checking commercial databases or credit reports. While SiFi will take steps to verify the identity of the SiFi Platform users, SiFi cannot and does not guarantee any user identity.
7.6 If at any time the Customer or the Account Administrator do not meet SiFi’s eligibility requirements, the Customer may not be able to register and open an Account with SiFi or the Customer’s use of the Wallet Services will be limited.
7.7 SiFi treats all activities in respect of an Account to be those of the Customer, including but not limited to such activities made by Customer Personnel. Customer must only use the Wallet Services to transact on its own account and that Customer Personnel transact on the account of the Customer.
7.8 The Customer must update registration information promptly upon any change so that it is at all times complete and accurate. SiFi reserves the right to refuse to provide or discontinue the Wallet Services to any person or entity at any time for any reason.
7.9 The mobile telephone number and a password that the Account Administrator selects will be used to access the Customer Portal and the App. Each of the Account Administrator and the Team Budget Manager, as applicable, 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 or use the features. The Customer is responsible for maintaining the secrecy and security of its Credentials. The Customer should not disclose its Credentials to any third party. If any of its Credentials are compromised, the Customer must notify SiFi immediately by using any of the contact means described above so that SiFi can suspend the use of the Customer’s Account in order to avoid unauthorized transactions. Customer must also notify SiFi through the contact methods described above if it wishes to request SiFi to unblock the Account. The Customer will not be financially responsible for any use of the Account by an unauthorized person or for fraudulent transactions occurring after the Customer properly notifies SiFi of the loss or compromise unless the Customer acts fraudulently or negligently and did not take reasonable steps to keep its Credentials safe and secure.
7.10 Customer acknowledges that upon Customer’s acceptance of this Agreement and Customer’s completion of SiFi’s onboarding and registration requirements to open an Account with SiFi, SiFi will designate a MID to Customer. Each Customers’ MID will be a unique number and will be used by SiFi to identify each Customer in the performance of its obligations under this Agreement.
8.1 The Account will enable the Customer to:
8.1.1 transfer funds from a bank account, debit card or credit card to load the Account;
8.1.2 withdraw funds from the Usable Balance to bank accounts held in the name of Customer (subject to complying with such requirements that SiFi may set out from time to time);
8.1.3 transfer funds from the Usable 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); and
8.1.4 receive a payment card for itself and the Customer Personnel in accordance with the SiFi Payment Cards Terms and Conditions under Annex 1 hereto.
8.2 The Account is an e-money account. The Customer acknowledges that the Account is not a bank account. There is no overdraft facility available on the Customer’s Account or interest or profit margin that may accrue over time.
8.3 The Customer acknowledges and agrees that SiFi may make new services available to the Customer. SiFi will notify the Customer 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 amendments and subject to the terms below on changing the terms in this Agreement.
8.4 The Customer acknowledges and agrees that SiFi may stop providing the Wallet Services to the Customer as provided in the Agreement. The Customer may stop using the Wallet Services at any time without needing to inform SiFi when it stops using the Wallet Services.
8.5 The Customer acknowledges and agrees that SiFi may establish general practices and limits concerning the use of the Wallet Services without prior notice to Customer, 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, SiFi may restrict transactions to or from a Customer’s Account or limit access to its Account in such amounts and for such time as SiFi reasonably deems necessary to protect itself or other users if (a) SiFi are subject to financial risk, (b) the Customer (represented by itself and any of the Account Administrator, Team Budget Manager and Customer Personnel) has violated any term of this Agreement, (c) any dispute exists involving the Account or transaction conducted in connection therewith, or (d) needed to protect the security of SiFi’s systems. SiFi may restrict access to the Account while it completes any pending investigation or resolve a pending dispute. It also may hold the funds in the Account as required by law or court order or if otherwise requested by law enforcement or any governmental entity.
8.6 The Customer acknowledges and agrees that (i) the Usable Balance the Customer may be able to hold in its Account is subject to the Usable Balance Limit as determined by the then Applicable Laws in force; (ii) whenever there is permissibility to increase the Usable Balance from the Total Balance, SiFi will do so automatically as may be reflected on the App or the Customer Portal; (iii) the Customer shall be responsible for setting the Spending Limits from time to time on the SiFi Platform (subject to availability of such option as determined by SiFi at its own discretion); and (iv) any applicable Spending Limits may be subject to automatic adjustment by SiFi (at its owndiscretion) and as set out in the SiFi Payment Cards Terms and Conditions under Annex 1.
8.7 SiFi may refuse to execute any transactions or orders or other use of the services on the SiFi Platform if SiFi has reasonable grounds to suspect fraud, a breach of the applicable Agreement by the Customer or a violation of law. Transactions may also be delayed due to SiFi’s or a third party's compliance with its obligations under applicable anti-money laundering legislation, including if SiFi or the relevant third party suspects the transaction involves fraud. In the event that SiFi refuses to execute a transaction or order or other use of the services, the Customer will be notified and SiFi will provide the Customer with objectively justifiable reasons for the refusal, unless it is unlawful for SiFi to do so, or would compromise reasonable security measures.
8.8 Funding, payments, and transfers are displayed in the Account and the Customer should check its Account balance and transaction history regularly. The Customer should report any irregularities or clarify any questions it has as soon as possible using the methods specified above.
8.9 SiFi will make available via the SiFi Platform a history of the transactions that the Customer (and any of the Customer Personnel) 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.
8.10 Except for SiFi’s role in offering the Wallet Services, SiFi is not involved in any underlying sales transaction between the Customer or any other user or provider. The availability of payment methods may vary depending on the channel of purchase. 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, SiFi is 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. SiFi will not mediate disputes between the Customer (and any of the Customer Personnel) and providers or enforce or execute the performance of any sales contract.
9.1 Upon setting up a valid and active Account, SiFi may automatically issue for the Customer a physical or virtual payment card linked to the Account. The Customer hereby agrees and accepts that SiFi issues such payment card automatically. SiFi will not charge the Customer for a card that is issued automatically unless the Customer activates the payment card pursuant to Annex 1.
9.2 The Customer’s payment card(s) will not be valid unless the Customer activates such payment card in accordance with Annex 1 to this Agreement, and by such activation the Customer will be accepting the terms in Annex 1 applicable to the Customer’s payment cards. The Customer is free to decide whether it activates and accepts the payment cards and their terms or not.
9.3 The SiFi Platform allows the Customer to request and obtain supplemental payment cards linked to the same Account for Customer Personnel. The Customer remains solely responsible for any and all transactions made by such Customer Personnelusing such supplemental payment cards. Customer Personnel’s eligibility to use such payment cards is subject to such Customer Personnel completing any required verification and accepting any additional terms and conditions as SiFi may require from time to time.
10.1 SiFi reserves the right to impose acceptable use terms in relation to the operation of the 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 Customer Portal or the App. SiFi will notify the Customer in the event that it imposes such terms in relation to the Account at least thirty (30) days before the terms are implemented.
10.2 The Customer must not use the Account for any illegal purposes including without limitation fraud and money laundering. If the Customer (and any of the Customer Personnel) conducts or attempts to conduct any transaction in violation of the prohibitions, SiFi reserves the right to reverse the transaction, and/or close or suspend the Account and/or report the transaction to the relevant law enforcement agency and/or claim damages from the Customer.
11.1 Funds paid by the Customer, or a third party will be credited to the Account on the Business Day they are received. If SiFi receives 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. SiFi shall not be responsible for the funds until they are received by SiFi.
11.2 In the event that the funds are subject to a reversal, SiFi will deduct such reversed transaction from the balance of the Account. If the Account balance is insufficient to cover the reversal, SiFi reserves the right to require repayment from the Customer.
11.3 The Customer should regularly reconcile incoming payments with its own records. The Customer should be aware that the crediting of funds to the Account does not mean that these transactions cannot be reversed. SiFi reserves 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 the Account.
11.4 All payments to SiFi must be ascribed a clear and complete reference so that SiFi can credit the funds into the Account. Further details as to what references must be used are set out on the Customer Portal. If no reference or an incorrect reference or any required information is missing or incorrect in relation to the payment transaction, then SiFi may: (i) reject the payment transaction and not credit the Account; or (ii) seek to obtain the missing or corrected information from the payer’s payment service provider before crediting the Account; or (iii) on a risk-sensitive approach, request the required information from the payer’s payment service provider after crediting the Account. In such cases, SiFi will not be liable for any loss the Customer incurs, although SiFi will use reasonable efforts to investigate and credit or return incorrect and inaccurately referenced payments into or from the Account.
11.5 SiFi will provide the Customer, after the execution of a payment credited to the Customer, with the following information: (i) a reference to enable the Customer 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 the Customer’s disposal; (iii) the amount of fees or charges for the payment transaction payable by the Customer; (iv) the exchange rate used in the payment transaction by SiFi; and (v) the date on which the payment transaction was credited to the Customer’s Account.
12.1 SiFi will consider any instruction for a payment transaction issued by the Customer, the Account Administrator or any of the Customer Personnel to have been authorised by the Customer once SiFi has received consent to carry it out. The Customer consents to making a payment by following the on-screen prompts when using the Customer Portal or the App and using one of the tools SiFi makes available for the Customer to confirm payments.
12.2 For the purposes of this Agreement, sending payments from the Account means either making payments from the Account to third party beneficiaries or providers, instructing funds in the Account to be transferred to another account in the name of the Customer with a third party.
12.3 SiFi will send payments in accordance with the instructions of the Customer (and the Customer Personnel, as applicable) to third party beneficiaries or another account held in the Customer’s name that the Customer specifies to SiFi in accordance with the Customer’s instructions. When the Customer is making payments to itself and not to a third party beneficiary, SiFi will only make a payment to a bank account or to debit or credit card where the Customer is the named holder of such account.
12.4 All payment instructions must be made through the Customer Portal, the App or such other payment method that SiFi enables from time to time. It is the Customer’s responsibility to ensure that accurate, complete and correct payment instructions for the beneficiary of a payment (including Customer payments to itself) are provided to SiFi through such channels.
12.5 If SiFi is provided with incorrect beneficiary details, SiFi will not be liable for any loss the Customer or the Customer Personnel incur, although SiFi will use reasonable efforts to assist in the recovery of such payment. SiFi reserves the right to charge the Customer a fee to cover its reasonable costs for doing this. If SiFi is unable to recover the funds on behalf of the Customer, SiFi will, on receipt of a written request from the Customer, provide all available relevant information in order for the Customer to claim repayment of the funds at no extra cost.
12.6 The Customer is required to provide SiFi with any additional information that SiFi requests with regard to a payment within two (2) Business Days of SiFi’s request. The Customer consents to SiFi to provide any information including the full name, address and account number of the Customer, the Account Administrator and the Team Budget Manager (and any other details as are required to enable SiFi to comply with its 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.
12.7 The Customer may revoke or cancel a payment instruction for a future outgoing payment transaction at any time prior to payment execution through the Customer Portal. The Customer is responsible for confirming via the Customer Portal that a payment instruction has been received and processed by SiFi. SiFi shall not be liable for any loss in circumstances where erroneous duplicate payment instructions are sent to SiFi by the Customer.
12.8 If a Customer payment instruction is received after the Cut Off Time or on a day that is not a Business Day, the payment instruction will be deemed to have been received on the next Business Day.
12.9 After the receipt of a payment instruction, SiFi will provide the Customer 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 SiFi received the payment instruction. SiFi will ensure that all payment instructions that it sends to the Customer or third party beneficiaries under the Customer’s instructions are accompanied by the information required in accordance with the SAMA Regulations.
12.10 The Customer must notify SiFi by telephone or in writing as soon as is reasonably practicable after the Customer becomes aware of any unauthorised or incorrectly executed payments. In order to claim a refund for an unauthorised or incorrectly executed payment transaction on the Account, the Customer must notify SiFi without undue delay after becoming aware of the unauthorised or incorrect transaction. SiFi shall not bear any liability for incorrectly executed payments where the Customer has failed to provide prompt notice of such matters. However, SiFi will use reasonable efforts to recover the funds from the incorrect recipient of the funds and the recipient’s payment service provider.
12.11 SiFi may refuse the Customer’s payment instruction because for example the Customer is in material breach of this Agreement or SiFi reasonably believes the payment to be unlawful. In these circumstances, SiFi shall notify the Customer using the Customer-provided contact details, stating wherever possible the reasons for SiFi’s refusal, and the procedure for rectifying any payment detail errors that led to the refusal but SiFi reserves the right to charge the Customer a fee to cover its reasonable costs for doing this. SiFi is not obliged to notify the Customer of SiFi’s refusal to execute the proposed transaction where SiFi reasonably believes that such a notification would be unlawful.
12.12 In case of a non-executed or defectively executed transaction, SiFi will rectify the error subject to the terms of this Agreement. In this case, SiFi will refund the 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. SiFi will make efforts to trace the transaction and will notify the Customer of the outcome.
13.1 The Customer will comply with any technical and operational specifications provided or made available by SiFi with respect to the Wallet Services (the “Specifications”). SiFi will provide the Customer with thirty (30) days prior notice of any changes to the Specifications and the terms below on change of terms and conditions in this Agreement shall apply, unless such changes should be implemented with immediate effect for the best interest of the Customer and SiFi. Prior to making the Customer Portal or service generally available for commercial use with the Wallet Services, the Customer will test its own devices to ensure that they operate properly with the Specifications. The Customer shall be responsible for correcting any material errors, defects or other non-compliance of which the Customer becomes aware, including from review and test results provided by SiFi.
14.1 The Customer agrees to pay all applicable Fees whenever it uses the Wallet Services either directly with SiFi or its Affiliates or with third parties. SiFi will notify the Customer of the applicable Fees from time to time through the Application Form, the SiFi Platform, this Agreement or such other manner that allows SiFi to notify you in accordance with this Agreement, at SiFi’s own discretion but prior to the Customer (or a Customer Personnel, as applicable) authorising a payment transaction. The Customer acknowledges that certain services may be restricted until the Subscription Fees are paid (as applicable). All Fees are within SiFi's discretion. If the Customer uses the Wallet Services through a third party, the Customer is only responsible for the Fees associated with transactions that the Customer authorises through that third party.
14.2 SiFi reserves the right to change its 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 Wallet Services are denominated in Saudi Arabian Riyals (SAR). SiFi will notify the Customer of any changes to the Fees at least thirty (30) days in advance of such changes coming into effect. If the Customer does not agree to these changes, it can elect not to use the Wallet Services at its convenience, and it may as well terminate this Agreement without cost to it provided the Customer tells SiFi that it wishes to terminate before the end of the period which is thirty (30) days from the date SiFi notifies the Customer of the change to the Fees.
14.3 To the extent permitted by law, SiFi may set off against the Customer’s balance in the Account or debit the Customer’s funding instrument for any obligation the Customer owes SiFi under this Agreement, including without limitation any Fees (“Deductions”). All Deductions are charged at the time SiFi processes a transaction and are deducted first from the transferred or collected funds and thereafter from the Customer’s Account balance. If the Customer owes SiFi an amount that exceeds the balance in the Account, SiFi may charge or debit the funding instrument or the Customer will pay SiFi the full amount of the outstanding Deductions upon receipt of SiFi’s invoice. The Customer will be liable for and pay SiFi 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.
14.4 The Customer is 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 Services, the use of the Customer Portal (and the App), the sale or purchase of any products or services, or otherwise in connection with any action, inaction, or omission by the Customer or any of its Affiliates, or any of the Customer’s employees, Customer Personnel, agents, contractors, or representatives (“Taxes”). The Customer is also responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. SiFi and its 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.
15.1 This Agreement commences on the Effective Date and will continue unless and until terminated in accordance with the provisions in this Agreement.
15.2 Unless otherwise agreed in writing by the Customer, the Customer may terminate this Agreement at any time by contacting customer service as provided above and closing the Account. Upon closure of the Account, any pending transactions will be cancelled.
15.3 Except as otherwise agreed in writing, SiFi may terminate the Wallet Services and this Agreement, for any reason at any time by providing prior written notice to the Customer, without having to notify any of the Customer Personnel. Without limiting the foregoing, SiFi may suspend the Wallet Services and block access to the Account (including without limitation the funds in the Account) if (a) the Customer has violated the terms of this Agreement, (b) SiFi determines that it poses an unacceptable credit or fraud risk to SiFi, (c) the Customer provides or has provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct, (d) SiFi has security concerns regarding the Account, including the Credentials, or (e) SiFi suspects unauthorized or fraudulent use of the Account or any payment information in the Account. In such cases, SiFi will inform the Customer of the suspension of the Account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless SiFi determines giving such information would compromise security concerns or is prohibited by Applicable Law. SiFi will reactivate the Account or Credentials, or replace it or them, as applicable, once it has resolved the reasons for suspension. The Customer must notify SiFi through the methods specified above if it wishes to request SiFi to reactivate the Account.
15.4 SiFi will not be liable to the Customer 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 its use of the Wallet Services, or in connection with any termination or suspension of the Wallet Services. Upon termination of this Agreement for any reason: (a) the Customer 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 Services; and (b) the Customer’s access to the Customer Portal (and the App) will be terminated. In addition to any payment obligations underthis 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.
15.5 If after termination of the Agreement there are funds in the Account, upon the Customer’s request, SiFi will redeem the full amount of the outstanding e-money. The Customer may request redemption of such funds to be provided by transfer to the Customer Bank Account. SiFi will process redemption request within one (1) month of receipt of the Customer’s request. SiFi will do its best to provide redemption of the funds on the Account by the method chosen, but retains a discretion to determine the method to be used based on the amount of funds that the Customer holds.
16.1 SiFi uses Customer’s personal data in the manner set out in SiFi’s Privacy Policy and as further described in this Agreement. By using the Wallet Services and accessing the SiFi Platform, the Customer consents to the collection and use of its personal data in the manner set out in the Privacy Policy. If SiFi decides to change its Privacy Policy, it will post those changes on the Privacy Policy page so that the Customer is always aware of what information SiFi collects, how it uses it and under what circumstances it discloses it. The Customer (including any of its representatives accessing the SiFi Platform) should check the Privacy Policy frequently for changes.
16.2 SiFi will protect the Customer’s personal data and maintain its confidentiality and ensure that it has in place and maintains adequate policies, procedures and controls.
16.3 Customer acknowledges and agrees that under this Agreement:16.3.1 Customer is responsible for securing the consent of any other users of the Account (including, Customer Personnel) for the processing, use and disclosure of Customer Personnel data.
16.3.2 Customer personal information will be processed by SiFi as set out in the Applicable Law.
16.3.3 SiFi will be the controller of such personal data.
16.3.4 SiFi may use and disclose Customer’s and any Customer Personnel personal data (i) for SiFi performing its obligations and the provision of any services falling under this Agreement (including, but not limited to any transactions, currency exchanges, Wallet Services and SiFi Payment Cards, as applicable); (ii) improving and developing SiFi’s services, subject to SiFi not permitting the identification of Customer; (iii) to send the Customer’s and any Customer’s Personnel’s data and account details to the Saudi Central Bank, banks and any applicable regulatory authorities; and (v) to any third party, and by such third party to any third party to the extent reasonably necessary and whether such third parties are inside or outside of the Kingdom of Saudi Arabia, in case such use and disclosure’s purpose is (a) the prevention, detection, investigation and prosecution of crime and anti-money laundering, or (b) required under the Applicable Law.
16.3.5 SiFi may obtain and/or disclose to the Saudi Credit Bureau (SIMAH) or any other certified entities by the Saudi Central Bank any such information as may be required by SiFi at its own discretion, to prove, review or manage the Customer Account, the Payment Cards and any other service under this Agreement.
17.1 The Customer represents and warrants to SiFi that: (a) it is eligible to register and use the Wallet Services and have the right, power, and ability to enter into and perform under this Agreement and grant the rights, licenses and authorizations the Customer grants under this Agreement; (b) the name identified by the Customer via the Account Administrator is the true and accurate; (c) the Customer will only use the Wallet Services to transact on its own account and not on behalf of any other person or entity; (d) the Customer and all transactions initiated by the Customer and Customer Personnel will comply with all laws, rules, and regulations applicable to the Customer’s business, including any applicable tax laws and regulations; (e) the Customer will not use the Wallet Services, directly or indirectly, for any fraudulent undertaking or in any manner to interfere with the use of the Wallet Services; and (f) the Customer and any of the Customer Personnel 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.
17.2 SiFi and its Affiliates (and their licensors) make no express warranties or representations with respect to the provision of the Wallet Services.
17.3 In particular, SiFi, and its Affiliates (and their licensors) do not represent or warrant to Customer that:
17.3.1 The use of the Wallet Services will meet the Customer’s requirements;
17.3.2 The use of the Wallet Services will be uninterrupted, timely, secure or free from error; and
17.3.3 any information obtained by the Customer as a result of the use of the Wallet Services will be accurate or reliable.
17.4 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.
18.1 Nothing in the Agreement will exclude or limit SiFi’s liability for losses which may not be lawfully excluded or limited by Applicable Law.
18.2 Subject to the preceding section above, SiFi, and its Affiliates (and its licensors), will not be liable to the Customer for any:18.2.1 loss of profit;18.2.2 loss of goodwill or reputation;
18.2.3 loss of business;
18.2.4 loss of revenue;
18.2.5 loss of data; or
18.2.6 any indirect or consequential losses.
18.3 Subject to the sections above, SiFi and its Affiliates (and its licensors), will not be liable to Customer for any loss or damage which may be incurred by Customer as a result of:
18.3.1 any reliance placed by Customer on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Customer and any advertiser or sponsor whose advertising appears on the Customer Portal or the App;
18.3.2 any change which SiFi 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);
18.3.3 malfunction of the Wallet Services;
18.3.4 the deletion of, corruption of or failure to store any communications data maintained or transmitted by or through the Customer’s use of the Wallet Services;
18.3.5 Customer’s failure to provide SiFi with accurate account information; or
18.3.6 any fraudulent use of the Wallet Services by the Customer.
19.1 Pursuant to the terms of this Agreement:
19.1.1 Customer grants SiFi and its Affiliates a non-exclusive (except as set out in this section), non-sublicensable, limited license, valid for the term of the Agreement, to display Customer’s Brand Elements for the performance of SiFi’s obligations under this Agreement.
19.1.2 SiFi grants Customer a non-exclusive, non-sublicensable, limited license valid for the term of the Agreement, solely for Customer to display the SiFi’s Brand Elements that may be provided by SiFi for that purpose from time to time, to the extent required by Customer to perform its obligations under this Agreement.
19.2 SiFi may immediately revoke the license granted to Customer in section 19.1 by providing notice to Customer. SiFi may grant Customer a reasonable amount of time to cease the use of all applicable SiFi Brand Elements, at its own discretion. Customer shall promptly cease the use of any applicable SiFi Brand Elements.
19.3 SiFi and Customer shall retain their respective rights, titles and interests to their respective Intellectual Property Rights in their own Brand Elements. Neither SiFi norCustomer grant each other, and neither SiFi nor Customer shall acquire, any right, title or interest (including, but not limited to any implied licenses) to the other party’s Brand Elements except as expressly provided in this Agreement.
20.1 Customer will indemnify, defend and hold harmless SiFi and its 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 the Customer’s representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of SiFi’s Policies; (b) any actual or alleged infringement, misappropriation or violation of any third-party rights or Applicable Law by Customer’s trademarks used in connection with the Wallet Services; (c) Customer’s use of the Wallet Service; or (d) any transaction submitted by the Customer through the Wallet Services.
21.1 This Agreement is available in Arabic and English languages, and Customer agrees that SiFi will communicate with Customer and Customer will communicate with SiFi in Arabic or English during the term of this Agreement. When the Customer visits the Customer Portal or the App or sends e-mails to SiFi, Customer is communicating with SiFi electronically. By registering for the Wallet Services and accepting the terms of this Agreement, Customer affirmatively consents to receive notices electronically from SiFi. SiFi may provide all communications and information related to the Wallet Services and the Account, including without limitation agreements related to the Wallet Services, amendments or changes to such agreements or any Policies, disclosures, notices, transaction information, statements, responses to claims and other customer communications that SiFi may be required to provide to Customer by law (collectively, “Communications”) in electronic format. Communications may be posted to the Customer Portal or the App or sent by e-mail to the e-mail address on file for the Customer, and all such Communications will be deemed to be in “writing” and received by and properly given to Customer. Customer is responsible for printing, storing and maintaining its own records of Communications, including copies of this Agreement. This condition does not affect the Customer’s statutory rights, including the right to request a copy of this Agreement.
21.2 SiFi may modify the terms of this Agreement, the Specifications, any Policy, or the features of the Wallet Services at any time however SiFi will provide the Customer with at least thirty (30) days’ notice before it implements any such changes. SiFi will notify the Customer of any updated Agreement or Policy by posting it to the Customer Portal. If the Customer does not agree to any change to this Agreement, the Specifications, any Policy or feature of the Wallet Services, it may terminate this Agreement and close the Account without charge to the Customer for such termination. The Customer will be deemed to accept the changes to Policies, the Specifications, this Agreement, or the features of the Wallet Services (as applicable) if it does not terminate this Agreement by the date which is thirty (30) days from the date that SiFi notified the Customer of thechange. The Customer is at all times responsible for reading and understanding each version of this Agreement and Policies.
21.3 Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between the Customer and SiFi or its 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.
21.4 If any Force Majeure Event hinders either party’s ability to perform their obligations under this Agreement, then such impacted party must provide written notice to the other party within ten (10) days from the commencement of such Force Majeure Event. Following the commencement of a Force Majeure Event, the obligation of the impacted party to fulfil its obligations under this Agreement shall be suspended until the Force Majeure Event ceases. During this period, the affected party shall not be held liable for any non-performance.
21.5 Customer may not assign or transfer any rights, obligations, or privileges that Customer have under this Agreement without SiFi’s 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.
21.6 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.
21.7 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 SiFi’s 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.
21.8 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.
21.9 If the Customer wishes to make a complaint about the Wallet Services, it can make a complaint by notifying SiFi’s customer support centre as provided above. SiFi willensure that all complaints are handled and addressed in a fair and timely manner. SiFi will communicate with Customer regarding the complaint within a period of three (3) calendar days from the date of receipt (unless Customer notifies SiFi that the complaint has been resolved). SiFi will respond to Customer with a decision regarding Customer’s complaint within five (5) calendar days from the date SiFi receives the complaint.
21.10 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 SiFi unless set forth in writing and signed by SiFi.
21.11 By selecting the "Continue" tab at the starting screen, the Customer confirms that it has read this Agreement, it agrees to all terms, conditions, and notices contained or referenced in this Agreement, and it provides its express consent to the same.
These Customer Personnel Terms and Conditions (the “SiFi Customer Personnel Terms”) shall apply to the Customer Personnel access to the SiFi Platform and use of Supplemental Payment Cards and such other services as SiFi may make available from time to time, as applicable. These SiFi Customer Personnel Terms will be effective upon the earlier of the date the Customer Personnel accepts these terms upon accessing the SiFi Platform and the use of any Supplemental Payment Cards.
THESE SIFI CUSTOMER PERSONNEL TERMS MUST BE READ CAREFULLY BY THE CUSTOMER PERSONNEL.
The following terms shall have the meaning ascribed to them wherever they appear in these SiFi Customer Personnel Terms unless the context requires otherwise:
"Account" means the e-wallet account SiFi holds for the Customer.
"Affiliate" means an entity owned or controlled by SiFi or any entity controlled by, in control of, or under common control with SiFi.
"App" means the SiFi e-wallet services app made available and as updated by SiFi from time to time for use by Customers, which includes limited features of the Portal.
"Applicable Law" means all applicable national, state, local, municipal legislation, regulations, statutes, by-laws, consents and/or other law, orders, court rulings and any other instrument having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions) relating to or connected with the activities contemplated under these SiFi Customer Personnel Terms in the Kingdom of Saudi Arabia.
"Credentials" means passwords and access keys that the Customer Personnel uses to access the SiFi Platform via the App or the Portal.
"Customer Personnel" means such persons who complete the verification required by SiFi and have been invited and given access by the Customer to benefit from the use of the features and functionalities of the SiFi Platform made available by SiFi from time to time.
"Customer" means a person with a legal personality that holds an Account with SiFi."Fees" means the fees, recharges, markups, subscription fees, and foreign exchange rates, and any other charges and commissions (as applicable) charged by SiFi for the Wallet Service as notified by SiFi to the Customer pursuant to the terms mutually agreed between SiFi and Customer.
"Intellectual Property Rights" means all patent rights, copyrights, semiconductor topography rights, rights in software, moral rights, trade mark and/or service marks, logos, rights in or relating to databases, rights in or relating to confidential information or trade secrets, rights in relation to domain names and any other proprietary rights (registered or unregistered) throughout the world, including all rights of reversion and rights to any applications and pending registrations and the right to sue for and recover damages for past infringements.
“Payment Card” means the virtual payment card and/or physical payment card (subject to SiFi making these available) linked directly to the Customer’s Account, issued pursuant to a valid Customer’s request.
"Policies" means all of SiFi’s applicable policies, notices, procedures, specifications, FAQs, guides, and guidelines that are provided or made available to Customers, appear on the Portal or are referenced in these SiFi Customer Personnel Terms.
"Portal" means such SiFi web portal that gives the Customer Personnel access to use the features, functionalities and services of the SiFi Platform whether hosted by SiFi or integrated with the Customer’s information technology systems, and may as well be partially available for limited purposes via the App.
"SiFi Platform" means the digital platform established by SiFi through which SiFi offers certain services, such as but not limited to, expense management and Wallet Services, to its Customers and Customer Personnel (as applicable), and may be accessed via the Portal or the App.
"SiFi" means Alhulul Almobassatah Financial Company, a Saudi closed joint stock company registered in the Commercial Register of Riyadh under number 1010720399 and unified number 7023575785, and having its address at 7544, King Fahad Road, Annakheel District, 5588, Riyadh 12381, Kingdom of Saudi Arabia, subject to the regulation and monitoring of Saudi Central Bank.
“Supplemental Payment Card” means a supplemental Payment Card issued by SiFi pursuant to a valid Customer’s request.
“Supplemental Card Holder” means Customer Personnel who receives directly from SiFi or through the Customer a Supplemental Payment Card.
"Wallet Services" means the services provided by SiFi to Customers, which include the ability for Customers to make payments from their Account as well as to receive payments into their Accounts and transfer amounts from their Accounts.
2.1 In order to be eligible to access the SiFi Platform and use the Supplemental Payment Card (as applicable), Customer Personnel must:(a) be at least 18 years old;(b) not be barred from using the services made available on the SiFi Platform or a Supplemental Payment Card (if applicable) under the laws of the Kingdom of Saudi Arabia;(c) complete SiFi’s verification process as may be determined by SiFi from time to time;(d) have been invited and have adequate authorisations from Customer to use the SiFi Platform;(e) meet SiFi’s eligibility requirements as may be determined by SiFi from time to time; and(f) provide to SiFi current, complete and accurate information (and maintain such information current, complete and accurate) during the term of these SiFi Customer Personnel Terms.2.2 SiFi will make available to the Customer Personnel the SiFi Customer Personnel Terms in Arabic or English (or such other language) and the terms and language chosen by Customer Personnel will apply.2.3 Customer Personnel acknowledge that:(a) the relationship between the Customer Personnel and SiFi is limited to the Customer Personnel being licensees to access and use the SiFi Platform as SiFi makes available from time to time to Customer Personnel;(b) the only person with rights to the Account and the Wallet Services is the Customer; Customer Personnel have no rights against SiFi in that respect.
3.1 Upon Customer Personnel being eligible and availability of the services at SiFi’s discretion, Customer Personnel may use as limited users the (i) features and functionalities of the SiFi Platform made available to Customer Personnel; and (ii) Supplemental Payment Cards (if applicable).
3.2 Customer Personnel access and use of the SiFi Platform are controlled by the Customer. SiFi is only responsible towards the Customer to give the Customer Personnel such access and use rights pursuant to the Customer’s instructions and depending on the features and functionalities made available by SiFi.
3.3 In the event a Customer Personnel receives a Supplemental Payment Card, such Customer Personnel shall become a Supplemental Card Holder. Customer Personnel acknowledge that their use of any Supplemental Payment Cards (if applicable) is subject to such terms and conditions and relevant policies that may be agreed between the Customer and the Customer Personnel, which should not be in contradictory to these SiFi Customer Personnel Terms and the Applicable Law.
3.4 Customer Personnel acknowledge that their use of the SiFi Platform is based on a limited, non-exclusive, non-transferable, revocable license by SiFi for the use of the SiFi Platform pursuant to these SiFi Customer Personnel Terms.
4.1 Customer Personnel must:(a) read these SiFi Customer Personnel Terms as amended and as SiFi may communicate from time to time to Customer or the Customer Personnel, and only use SiFi Platform and Supplemental Payment Cards (as applicable) upon the Customer Personnel acceptance of such terms and conditions;(b) use the SiFi Platform and Supplemental Payment Cards (as applicable) directly without any third party as intermediary;(c) maintain the secrecy and security of the Credentials;(d) notify SiFi and the Customer immediately in case of any Credentials are, or are suspected to be, compromised so that SiFi can suspend the use of the Customer’s Account in order to avoid unauthorized transactions; and(e) keep their information up-to-date and notify SiFi’s customer service team of any change in their contact details as applicable.
4.2 Customer Personnel must not:(a) use the SiFi Platform and Supplemental Payment Cards for any illegal purpose, including but not limited to the purchase of goods or services that are prohibited under the laws of the Kingdom of Saudi Arabia;(b) disclose the Credentials to any third party; and(c) exceed the limits (including any payment limits) applicable to any Supplemental Payment Cards.
5.1 Customer Personnel is required to have an eligible device to use the SiFi Platform. SiFi shall determine at its own discretion which devices are eligible to be used for the SiFi Platform.5.2 SiFi is not responsible for providing any device to Customer Personnel nor warrants that any device from Customer Personnel will be eligible to access the SiFi Platform.
6.1 SiFi uses Customer Personnel’s personal data in the manner set out in SiFi’s Privacy Policy and as further described in these SiFi Customer Personnel Terms. By accessing the SiFi Platform and using the Supplemental Payment Cards, the Customer Personnel consents to the collection and use of its personal data in the manner set out in the Privacy Policy. If SiFi decides to change its Privacy Policy, it will post those changes on the Privacy Policy page so that the Customer Personnel is always aware of what information SiFi collects, how it uses it and under what circumstances it discloses it. Customer Personnel should check the Privacy Policy frequently for changes.
6.2 SiFi will protect the Customer Personnel’s personal data and maintain its confidentiality and ensure that it has in place and maintains adequate policies, procedures and controls.
6.3 Customer Personnel acknowledges and agrees that under these SiFi Customer Personnel Terms:(a) Customer Personnel consents to the processing, use and disclosure of Customer Personnel data.(b) Customer Personnel personal information will be processed by SiFi pursuant to the guidelines set out in the Applicable Law.(c) SiFi will be the controller of such Customer Personnel personal data.(d) SiFi may use and disclose any Customer Personnel personal data (i) for SiFi performing its obligations and the provision of any services falling under these SiFi Customer Personnel Terms (including, but not limited to any transactions, currency exchanges, SiFi Payment Cards, as applicable); (ii) improving and developing SiFi’s services or such services of third parties who may be contributing to the development of the SiFi Platform, subject to SiFi not permitting the identification of Customer Personnel; (iii) to send any Customer Personnel’s data and account details to the Saudi Central Bank, banks and any applicable regulatory authorities; and (iv) to any third party, and by such third party to any third party to the extent reasonably necessary and whether such third parties are inside or outside of the Kingdom of Saudi Arabia, in case such use and disclosure’s purpose is (1) the prevention, detection, investigation and prosecution of crime and anti-money laundering, or (2) required under the Applicable Law.(e) SiFi may obtain and/or disclose to the Saudi Credit Bureau (SIMAH) or any other certified entities by the Saudi Central Bank any such information as may be required by SiFi at its own discretion, to prove, review or manage the Customer Personnel’s use of the Supplemental Payment Cards and any other service made available via the SiFi Platform, as may be applicable.
6.4 SiFi is not a party to the transactions performed by any Customer Personnel. SiFi is neither the buyer nor the seller of the items or services offered by any third party and is not a party to the sales contract. SiFi will not mediate, enforce or execute any disputes nor agreement between the Customer Personnel and any third party.
7.1 SiFi reserves the right to impose acceptable use terms in relation to the use by Customer Personnel of Supplemental Payment Cards including the prohibition of certain categories of transactions by specifying them on the SiFi Platform (e.g., cryptocurrencies and all other virtual currencies). Customer Personnel acknowledges that any changes to the terms relating to the Account, Wallet Services, Payment Cards and Supplemental Cards remain subject to the terms agreed between Customer and SiFi and SiFi is not responsible for conveying any such changes or updates to Customer Personnel.
7.2 Customer Personnel must not use the Account for any illegal purposes including without limitation fraud and money laundering. Customer Personnel acknowledge that if anyCustomer Personnel conducts or attempts to conduct any transaction in violation of the prohibitions, SiFi reserves the right to reverse the transaction, and/or close or suspend the Account and/or report the transaction to the relevant law enforcement agency and/or claim damages from the Customer or Customer Personnel.
8.1 Customer Personnel acknowledge that SiFi does not charge Customer Personnel any fee for their use of the SiFi Portal in their capacity as Customer Personnel. Fees relating to the issuance and use of the Supplemental Payment Cards are agreed between Customer and SiFi.
9.1 These SiFi Customer Personnel Terms commence on the date of their acceptance by the Customer Personnel and will continue unless and until terminated in accordance with the provisions of these SiFi Customer Personnel Terms.
9.2 SiFi may terminate these SiFi Customer Personnel Terms at any time. Customer Personnel is entitled to terminate these SiFi Customer Personnel Terms by contacting SiFi as set out in section 13 below. Customer may instruct SiFi to terminate these SiFi Customer Personnel Terms in respect of any Customer Personnel if such Customer Personnel is no longer eligible or no longer Customer Personnel.
9.3 Except as otherwise agreed in writing, SiFi may terminate any features and functionalities on the SiFi Platform, the Supplemental Payment Cards, and these SiFi Customer Personnel Terms in respect of any Customer Personnel, for any reason at any time by providing prior written notice to the Customer or Customer Personnel (as applicable). Customer Personnel may stop using the SiFi Platform at any moment and Customer Personnel has no obligation to inform SiFi.
9.4 Customer Personnel acknowledge that SiFi may suspend the Account, the Wallet Services, the Supplemental Payment Cards and block access to the Account (including without limitation the funds in the Account) pursuant to the terms agreed between SiFi and the Customer without any liability to the Customer Personnel.
9.5 SiFi will not be liable to the Customer Personnel 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 the use by Customer Personnel of the SiFi Platform or the Supplemental Payment Cards, or in connection with any termination or suspension of the SiFi Platform or the Supplemental Payment Cards. Customer Personnel acknowledge that upon termination of these SiFi Customer Personnel Terms for any reason the Customer Personnel’s access to the Portal (and the App) will be terminated.
10.1 Customer Personnel represents and warrants to SiFi that: (a) they are eligible to use the SiFi Platform and the Supplemental Payment Cards and have the right, power, and ability to enter into and perform under these SiFi Customer Personnel Terms and grant the rights, and authorizations the Customer Personnel grants under these SiFi Customer Personnel Terms; (b) the name identified by each Customer Personnel is true and accurate; (c) Customer Personnel will only use the SiFi Platform and Supplemental Payment Cards to transact on their own behalf and not on behalf of any other person or entity; (d) the Customer Personnel and all transactions initiated by the Customer Personnel will comply with all laws, rules, and regulations applicable to the Customer’s business, including any applicable tax laws and regulations and the Customer’s terms and policies applicable to Customer Personnel; (e) the Customer Personnel will not use the SiFi Platform and the Supplemental Payment Cards, directly or indirectly, for any fraudulent undertaking or in any manner to interfere with the use of the SiFi Platform, the Wallet Services and the Supplemental Payment Cards; and (f) the Customer Personnel is 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.
10.2 SiFi and its Affiliates (and their licensors) make no express warranties or representations with respect to the provision of the SiFi Platform, the Wallet Services, the Supplemental Payment Cards or any other service that SiFi may provide from time to time.
10.3 In particular, SiFi, and its Affiliates (and their licensors) do not represent or warrant to Customer Personnel that:(a) the use of the SiFi Platform or the Supplemental Payment Cards will meet the Customer Personnel’s requirements;(b) the use of the SiFi Platform or the Supplemental Payment Cards will be uninterrupted, timely, secure or free from error; and(c) any information obtained by the Customer Personnel as a result of the use of the SiFi Platform or the Supplemental Payment Cards will be accurate or reliable.
10.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the SiFi Platform or the Supplemental Payment Cards except to the extent that they are expressly set out in these SiFi Customer Personnel Terms.
11.1 Nothing in these SiFi Customer Personnel Terms will exclude or limit SiFi’s liability for losses which may not be lawfully excluded or limited by Applicable Law.
11.2 Subject to the preceding section above, SiFi, and its Affiliates (and its licensors), will not be liable to the Customer Personnel 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.
11.3 Subject to the sections above, SiFi and its Affiliates (and its licensors), will not be liable to Customer Personnel for any loss or damage which may be incurred by Customer Personnel as a result of:(a) any reliance placed by Customer Personnel on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Customer Personnel and any advertiser or sponsor whose advertising appears on the Portal or the App;(b) any change which SiFi may make to the SiFi Portal or Supplemental Payment Cards, or any permanent or temporary cessation in the provision of the SiFi Platform or Supplemental Payment Cards (or any features within the SiFi Platform or the Supplemental Payment Cards);(c) malfunction of the SiFi Platform or the Supplemental Payment Cards;(d) the deletion of, corruption of or failure to store any communications data maintained or transmitted by or through the Customer Personnel’s use of the SiFi Platform or the Supplemental Payment Cards;(e) Customer Personnel’s failure to provide SiFi with accurate account information; or(f) any fraudulent use of the SiFi Platform or the Supplemental Payment Cards by the Customer Personnel.
Customer Personnel will indemnify, defend and hold harmless SiFi and its 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 the Customer Personnel’s representations, warranties, or obligations set forth in these SiFi Customer Personnel Terms, including without limitation any violation of SiFi’s Policies; (b) any actual or alleged infringement, misappropriation or violation of SiFi’s Intellectual Property Rights or any third-party rights or Applicable Law in connection with the SiFi Platform and the Supplemental Payment Cards; (c) Customer Personnel’s use of the SiFi Platform andthe Supplemental Payment Cards; or (d) any transaction submitted by any Customer Personnel through the SiFi Platform and the Supplemental Payment Cards.
13.1 Customer Personnel may terminate these SiFi Customer Personnel Terms if the Customer does not agree to any amendment, change or modification notified to it by SiFi, by notifying SiFi of its intention to terminate within 30 days of receipt of the relevant amendment, change or modification and after Customer Personnel ensuring Customer has paid any outstanding amounts on the Supplemental Payment Cards relevant to such Customer Personnel.
13.2 SiFi may, at any time, request any documents and/or information from the Customer Personnel that it deems necessary to enforce these SiFi Customer Personnel Terms and/or to allow the use by Customer Personnel of the Supplemental Payment Cards or SiFi Portal, and Customer Personnel agrees to promptly provide SiFi with such documents and information upon request.
13.3 Customer Personnel acknowledges that SiFi may subcontract the provision of part or all of the SiFi Portal and Supplemental Payment Cards to any third party in any jurisdiction.
13.4 Customer Personnel authorizes SiFi 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 the Customer Personnel or on the Customer Personnel’s behalf (the “Communications”) without any enquiry on SiFi’s 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 Communications and regardless of the circumstances prevailing at the time of receipt of the Communications.
13.5 SiFi shall be entitled to treat the Communications as fully authorized by and binding upon the Customer Personnel, and SiFi shall be entitled to take such steps in connection with or in reliance upon the Communications as SiFi may consider appropriate, whether the Communications include Communications 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 the Customer Personnel’s type of transaction or arrangement whatsoever, regardless of the nature of the transaction or arrangement or the amount of money involved.
13.6 Customer Personnel can contact SiFi by telephoning its customer service team at 920031030, via the chat facility on the Portal or App, or by writing to SiFi by email at support@sifi.sa or through social media.
13.7 If SiFi has to contact the Customer Personnel, it will do so by telephone, email, App-chat facility, chat bots or other methods at SiFi’s discretion.
13.8 Customer Personnel may contact SiFi’s customer service team in the event of having any questions, disputes, or complaints about the SiFi Portal or a Supplemental Payment Card. These SiFi Personnel Terms and Conditions are subject to the laws and regulationsapplicable in the Kingdom of Saudi Arabia. In the event any dispute arises between SiFi and any Customer Personnel concerning these terms and conditions that may not be amicably resolved, such dispute shall be referred to the exclusive jurisdiction of the competent courts in Riyadh, Kingdom of Saudi Arabia.
Upon the availability of the service of issuing payments cards and subject to the terms set out in this Annex 1, Customer may request SiFi to issue a virtual payment card (“Virtual Payment Card”) and/or a physical payment card (subject to SiFi making the same available) (“Physical Payment Card”, and it and the Virtual Payment Card shall each be referred to as a “Payment Card”) linked directly to the Customer’s Account.The provisions of the Agreement and this SiFi Payment Cards Extension (the “SiFi PaymentCards Terms”) shall apply to the Customer’s use of the Payment Cards (including but not limitedto the application, issuance and use of the Payment Cards by Customer, the AccountAdministrator, and any Customer Personnel). If there is any inconsistency between these SiFiPayment Cards Terms and the Agreement, the SiFi Payment Cards Terms shall prevail.
THESE SIFI PAYMENT CARDS TERMS MUST BE READ CAREFULLY BY CUSTOMER.
1.1 Upon Customer’s request, SiFi will issue to the Customer a Payment Card, which issubject to activation by the Customer, subject to it having a valid and active Account.Such request shall be submitted by Customer through the Customer Portal. SiFi is theissuer of the Payment Cards. When applicable, on receipt of any Physical Payment Card,the Customer must, under the Customer’s sole responsibility and risk, immediately signthe Physical Payment Card in the signature section located on the reverse of the PhysicalPayment Card.
1.2 The Payment Cards shall be issued with a validity period of 4 years from their issuance,unless indicated otherwise on the Payment Card. SiFi may automatically and at itsdiscretion renew such Payment Cards upon their expiry. If Customer does not want aPayment Card to be renewed, the Customer may cancel such Payment Card prior to itsrenewal pursuant to these SiFi Payment Cards Terms. The expiry of the validity of anyPayment Card shall not impact the validity of any pending transactions made prior tosuch expiry date.
1.3 SiFi will provide the Customer, upon the Customer’s request and only if the Customer isa first-time cardholder, with access to credit advisory services relating to the PaymentCards free of charge, prior to activating the Payment Card in accordance with these SiFiPayment Cards Terms.
1.4 Upon obtaining a Payment Card, (i) the Customer may activate a Physical Payment Card subject to the requirements set out by SiFi from time to time; and (ii) the Customer may activate the Virtual Payment Card by logging in to the Customer Portal and creating a personal identification number (PIN). SiFi may offer the Customer other methods (or change existing methods) to activate a Payment Card via its Customer Portal or the Appfrom time to time.
2.1 Pursuant to a valid Customer’s request SiFi may, issue supplemental Payment Card(s) linked to the Customer’s Account (“Supplemental Payment Cards”). These SiFi Payment Cards Terms shall apply to any Supplemental Payment Card(s) and the term “Payment Card” shall, whenever applicable, include reference to such Supplemental Payment Card(s).
2.2 Subject to Section 2.6 of these SiFi Payment Cards Terms and Sections 7.7, 9.2 and 9.3 of the Agreement, Customer may at its own risk and liability, request the issuance of Supplemental Payment Cards to be used by selected Customer Personnel (the “Supplemental Card Holders”).
2.3 As conditions for the use of Supplemental Payment Cards, any Supplemental Card Holder must (i) be at least 18 years old; (ii) have adequate authorisations from Customer; (iii) complete any verification process required by SiFi; (iv) meet SiFi’s eligibility requirements; (v) provide to SiFi current, complete and accurate information (and maintain such information current, complete and accurate) during the use of the Supplemental Payment Cards. Customer agrees to obtain, provide and be responsible for maintaining such information as SiFi may require in this regard, including information necessary to validate the identity of any Supplemental Card Holder.
2.4 SiFi may allow Customer to grant Supplemental Card Holder, with limited access to the Customer Portal and the App. In any such case, the mobile telephone number, and a password that relevant Supplemental Card Holder selects will be used to access the Customer Portal and the App, with such limited functions permitted by SiFi and authorised by Customer. Such Supplemental Card Holder 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 Customer Portal or the App and use the authorised features.
2.5 The Customer is responsible for maintaining the secrecy and security of its own credentials and the credentials of each Supplemental Card Holder. The Customer should not disclose its credentials to any third party and shall ensure that the Supplemental Card Holders do not disclose their credentials to any third party. Customer must notify SiFi immediately by using any of the contact means described in the Agreement if any credentials are compromised so that SiFi can suspend the use of the Customer’s Account or Supplemental Payment Card in order to avoid unauthorized transactions. Customer must also notify SiFi through the contact methods described in the agreement if it wishes to request SiFi to unblock the Account or the Supplemental Payment Card. The Customer will not be financially responsible for any use of the Account or Supplemental Payment Card by an unauthorized person or for fraudulent transactions occurring after the Customer properly notifies SiFi of the loss or compromise, unless the Customer (or any Supplemental Card Holder) acts fraudulently or negligently and did not take reasonable steps to keep its credentials safe and secure.
2.6 The Customer, as the owner of the Account and the holder of the primary Payment Card,shall be responsible for all liabilities incurred under the Supplemental Payment Card,including any outstanding and unpaid balances that may accrue on such SupplementalPayment Cards. If at any time any Supplemental Card Holder does not meet SiFi’seligibility requirements, such Supplemental Card Holder may not be able to obtain anduse the Supplemental Payment Card, or the use of the Supplemental Payment Card willbe limited.
2.7 Without prejudice to any of SiFi’s other rights under the Agreement, SiFi may cancel anySupplemental Payment Card(s) at any time and request the return or destruction of theSupplemental Payment Card(s) if it was a Physical Payment Cards.
3.1 SiFi may issue the Customer with a new Payment Card if:
3.1.1 the Customer has reported to SiFi, as set out in the Agreement and these SiFiPayment Cards Terms, that a Physical Payment Card has been lost, stolen ordestroyed; or
3.1.2 the Payment Card has been invalidated on the suspicion of a fraud or asuspicious transaction; or
3.1.3 a Virtual Payment Card is accessed or used by someone other than aCustomer without the Customer’s fault or gross negligence; or
3.1.4 the validity period of the Payment Card as set out in Section 1 of these SiFiPayment Cards Terms is due to expire; or
3.1.5 required as a result of technical, operational or technological enhancements(including system enhancements); or
3.1.6 required to comply with any applicable laws, requirements or regulations in theKingdom of Saudi Arabia.
3.2 Customer must immediately notify SiFi by contacting SiFi’s Customer Service (the“Customer Service”) using the contact details set out in Section 6.1 of the Agreement if:
3.2.1 Customer’s Physical Payment Card is lost, stolen or destroyed; or
3.2.2 Customer’s Payment Card is subject to unauthorized access or use by a thirdparty.
3.3 The Customer shall be responsible for any transactions made on the Payment Cardsbefore SiFi receives such notice in accordance with this Section reporting the loss, theftor destruction, or the unauthorized use or access of the Payment Cards.
3.4 The Customer has the right to accept or reject the replacement Payment Card issued tothe Customer in accordance with Section 3.1 of these SiFi Payment Cards Terms.Customer will have been deemed to have accepted the replacement Payment Cardwhere (i) the Customer does not expressly object to the new Payment Card within 10days from the date of issue of the replacement Payment Card; or (ii) the Customeractivates the Payment Card as required by SiFi, or (iii) uses the replacement PaymentCard to undertake any transaction from the Customer’s Account.
4.1 The Customer has the right to:
4.1.1 cancel a Payment Card without charge via the Customer Portal For avoidance ofdoubt, if any Payment Card is cancelled by Customer (whether early orotherwise), any fees charged for the issuance of a Payment Card will remain non-refundable;
4.1.2 cancel a Supplemental Payment Card, via the Customer Portal. Customer shallpromptly return or destroy the Supplemental Payment Cards to SiFi in case ofhaving Physical Payment Cards. These SiFi Payment Cards Terms shall remain in force in relation to any cancelled Supplemental Payment Cards until the amounts due on all Supplemental Payment Card transactions are paid to SiFi;
4.1.3 set specific dates for the cancellation of a Payment Card, or maximum periods of validity after which a Payment Card shall be cancelled.
4.2 SiFi may terminate these SiFi Payment Cards Terms and accordingly cancel thePayment Cards by providing 30 days prior notice to the Customer at any time. Suchnotice will specify the reason for such termination.
4.3 Where a Customer becomes bankrupt or insolvent:
4.3.1 all existing amounts outstanding on the Payment Cards shall become due andpayable immediately under these SiFi Payment Cards Terms; and4.3.2 any Supplemental Card Holders must immediately stop using such SupplementalPayment Cards and promptly return these to SiFi.
4.4 All existing amounts owed by the Customer in respect of the relevant PaymentCard(s) shall immediately become due and payable to SiFi upon termination ofthese SiFi Payment Cards Terms for any reason.
4.5 SiFi may terminate these SiFi Payment Cards Terms and Customer will be requiredto immediately pay all outstanding amounts owed to SiFi in case Customer doesnot to comply or in any way breaches these SiFi Payment Cards Terms. TheCustomer will be responsible for all expenses, fees and costs incurred by SiFi,including legal fees incurred in obtaining payment from the Customer.
5.1 The Customer shall:
5.1.1 only allow the Account Administrator and Supplemental Card Holders to usePayment Cards. Customer will not permit any other person to use the PaymentCards and will at all times safeguard and ensure that the Account Administratorand Supplemental Card Holders safeguard, the Payment Cards and any PINissued and keep such details safely under the Customer’s sole control.
5.1.2 immediately notify SiFi upon becoming aware of any disclosure of or access tothe Customer’s Payment Card by any third party.
5.1.3 keep their and the Account Administrator’s and Supplemental Card Holders’contact details up-to-date and shall immediately notify the Customer Serviceteam of any change in their contact details.
5.2 The Customer shall not:
5.2.1 use the Payment Cards for any illegal purpose, including but not limitedto the purchase of goods or services that are prohibited under the laws ofthe Kingdom of Saudi Arabia; and
5.2.2 exceed and shall ensure that the Account Administrator and eachSupplemental Card Holder does not exceed, the payment limits asdescribed in Section 6 of these SiFi Payment Cards Terms.
5.3 The Customer agrees that no Customer claim against a provider will be a subject of set off or counterclaim against SiFi.
5.4 In the event Customer uses the Payment Cards for any illegal purpose, SiFi shall have the right to immediately cancel the Payment Cards and any Supplemental Payment Cards, and the Customer must immediately pay all outstanding amounts.
6.1 The limit of payments of all Payment Cards linked to a Customer’s Account shall be theavailable balance of the Customer’s Account, and the Customer shall comply, and shallensure that each the Account Administrator and Supplemental Card Holders comply,with this limit at all times. This limit is subject to change from time to time at theCustomer’s request and SiFi’s sole discretion. The Customer can always check theiravailable balance by logging in to the SiFi Platform.
6.2 The Customer, represented by the Account Administrator, may also set Spending Limitsto any Payment Card either separately or in the aggregate. Such Spending Limits shalldecrease pro rata as the Payment Cards are used and shall never exceed the availablebalance of the Customer’s Account.
6.3 Certain Payment Cards may have additional specific limits as SiFi indicates in relationto the characteristics of each Payment Card. Customer must ensure the review andacknowledgement by Customer, the Account Administrator and Supplemental PaymentCard Holders of such limits upon requesting or activating such Payment Cards. SiFi maychange such specific limits from time to time.
6.4 The Customer and the Account Administrator will be able to access statements andsummaries of transactions relating to their Payment Card(s) via the SiFi Platform. Atcarrying out any transaction using a Payment Card, SiFi will charge such amounts byautomatically debiting the Customer’s Account for each transaction
6.5 If for any reason the available balance of the Customer’s Account is not sufficientfor the full repayment of amounts due on their Payment Cards, SiFi willimmediately:6.5.1 freeze the Customer’s Account and all Payment Cards and treat them as adelinquent account;
6.5.2 offer credit advisory services regarding how to deal with financial difficultiesfree of charge to the Customer; and
6.5.3 work towards a mediated settlement before taking any further action againstthe Customer.
6.6 The Customer acknowledges and agrees:
6.6.1 not receiving or receiving late the account statement does not absolve theCustomer of their obligation to make payment of the amounts due on anyPayment Cards to SiFi; and
6.6.2 Customer is able to find out the due amounts on any Payment Card byaccessing their Account through the SiFi Platforms (as applicable); and
6.6.3 In the event the Customer disagrees with any amount charged to any Payment Card as indicated in the statement, the Customer must communicate the same to the Customer Service team within 30 days of such transaction appearing on the statement, failing which, SiFi will not be responsible if the transaction concerning such issue is not successfully disputed with the transaction processing bank or the biller.
6.7 SiFi may, at any time without prior notice or need for reasoning, refuse authorization for a charge at a provider and/or restrict or defer the Customer’s and the Supplemental Card Holders ability to use Payment Card(s) and/or suspend or cancel the Payment Card(s).
7.1 Customer shall pay SiFi in respect of each Payment Card (as applicable):
7.1.1 the non-refundable subscription fee (based on the applicable annual fee); and
7.1.2 if any, upgrades fees and any charges for additional services that are displayedthrough the SiFi Platform or the App, or in such other agreed communicationmethods as may be amended from time to time in accordance with the terms ofthe Agreement.
7.2 The Customer hereby authorizes SiFi to deduct such fees and charges directlyfrom the Customer’s Account.
7.3 SiFi reserves the right to amend SiFi’s charges and fees or any other term under theseSiFi Payment Cards Terms from time to time, at SiFi’s discretion and in accordance withapplicable charges as determined by the Saudi Central Bank from time to time. Any suchvariations or amendments will become effective and binding on the Customer within 30days from notification by SiFi (unless SiFi expressly references a longer period). TheCustomer’s use of the Payment Card after the date upon which any change to these SiFiPayment Cards Terms is to have effect will constitute the Customer’s unconditionalacceptance of such change(s).
7.4 Customer may terminate these SiFi Payment Cards Terms in accordance with Section10.1 of these SiFi Payment Cards Terms if Customer does not wish to accept theamendments or changes in the charges and/or fees notified by SiFi in accordance withSection 7.3 of these SiFi Payment Cards Terms.
7.5 International Transactions: The total amount of all transactions conducted using aCustomer’s Payment Card will be charged to Customer’s Account in the currency of theAccount as advised by SiFi. If a transaction is made in a different currency that theCustomer’s Account currency, such transaction will be converted to the Account’scurrency using an exchange rate determined by SiFi and then debited from theCustomer’s Account. Any transactions carried out in currencies other than US Dollar willfirst be settled in US Dollar and then converted to and settled in the currency of theCustomer’s Account. The Customer acknowledges and consents that SiFi provides theinternational transactions made via the Customer’s Payment Card and SiFi reserves theright to discontinue or limit this service at any time, at its sole discretion.
8.1 SiFi must ensure appropriate investigations are performed to determine responsibility and liability if Customer reports SiFi of unauthorized charges on their Payment Cards. SiFi shall have the right to request Customer, and Customer must provide to SiFi, all necessary information and documentation to assist in the investigations.
8.2 After SiFi’s receipt of a notification of loss or theft of a Payment Card:8.2.1 SiFi will block the Payment Card;
8.2.2 SiFi will issue Customer a specific reference or transaction number; and
8.2.3 Customer will have no further liability provided that the Customer has acted ingood faith and with all reasonable care and diligence in safeguarding thePayment Card unless it has been proven to SiFi that the Customer acted in badfaith.
8.3 In case the Customer recovers the Payment Card, the Customer shall report the matterto SiFi and the police and immediately destroy the recovered Payment Card. TheCustomer must not, and shall ensure that the Account Administrator and SupplementalCard Holders do not, make any attempt to use any Payment Card that has been reportedas lost or stolen.
8.4 Customer’s failure to sign any sales slip or mail order coupon will not relieve theCustomer from liability to SiFi in respect of the sales and mail orders.
8.5 The Customer’s liability for unauthorized use of Payment Cards shall be limited subjectto the terms set out below:
8.5.1 if the unauthorised use: (i) of the Physical Payment Card is due to loss or theftof the Physical Payment Card; or (ii) of the Virtual Payment Card is due tounauthorized use or access of the Virtual Payment Card by a third party, theCustomer’s maximum liability prior to reporting the loss or theft to SiFi shall notexceed the available balance in the Customer’s Account or the amount ofunauthorized transactions posted to the Account whichever is higher at the timeof such loss or theft; and
8.5.2 the Customer shall have no liability for any unauthorized transactions madeusing the Payment Cards after reporting it to SiFi provided (i) the Customernotified SiFi immediately and without delay in accordance with Section 3.2 (asapplicable) of these SiFi Payment Cards Terms; and (ii) Customer exercisedvigilant care in safeguarding the Payment Cards from risk of loss, theft orunauthorized use.
8.6 The authorization and indemnity under this Section shall remain in full force and effectunless and until SiFi receive, and have had a reasonable time to act upon, notice oftermination from the Customer subject to these SiFi Payment Cards Terms. Any suchtermination will not release the Customer from any liability under this authorization andindemnity in respect of any act performed prior to the expiry of such time.
8.7 SiFi shall not be responsible for any loss or damage arising directly or indirectly from anymalfunction and/or failure of the Payment Card arising out of the Customer’s mistake,the insufficiency of funds or any other reason either within or beyond SiFi’s control unlesssuch direct and actual loss or damage occurs as a result of SiFi’s negligence.
9.1 SiFi may at its sole discretion announce cashback programs (each, a “Program”) forspecific transactions made using Payment Cards or certain types of Payment Cards(each, a “Applicable Transaction”). SiFi reserves the right to restrict the cashbackeligibility of any Program to particular merchant categories, based on its sole discretion.
9.2 This Section will automatically apply to such Programs, in addition to any specific termsand conditions of the Program that SiFi may announce from time to time.
9.3 Charges, Payment Card Fees and transactions that are reversed for any reason (asapplicable) shall not count as Applicable Transactions. Customer shall have no right toany cashback in case any transaction is cancelled or returned for a refund by Customer.Notwithstanding anything to the contrary, SiFi has the right to change the method forreceipt of cashback at any time at its sole discretion.
9.4 Notwithstanding anything to the contrary, Applicable Transactions that are refunded to aPayment Card will not be eligible for cashback and any corresponding cashback creditwill be cancelled or reversed (as the case may be). If such reversal of cashbackgenerates a negative cashback amount, SiFi will debit such outstanding amount fromthe Customer’s Account.
9.5 SiFi shall have the right to set out at its sole discretion from time to time, the following:
9.5.1 specific applicable amounts or rates for applicable cashback;
9.5.2 specific form of payment of any cashback earned on a Applicable Transaction;
9.5.3 specific eligibility requirements and conditions required to earn and maintain suchcashback;
9.5.4 terms on the blocking, suspension, accumulation, forfeit and reinstatement ofcashback.
9.6 Cashback credited to a Customer’s Payment Card will not be considered towardspayment of the transaction for which cashback has been earned. Cashback earned onany Supplemental Payment Card will be credited to the Account to which the primaryPayment Card is linked. SiFi will continue to charge the Customer’s Account inaccordance with these SiFi Payment Cards Terms.
9.7 Cashback is not transferable by operation of law or otherwise to any other individual orentity. Cashback is an accrual payable solely at SiFi’s discretion. It is not a balance whichmay be transferred to any other person or entity. Cashback is not exchangeable for otherrewards, or refundable, replaceable, or transferable under any circumstances.
9.8 Cashback holds monetary value and can only be redeemed as a credit to the Customer’sAccount. When credited, the equivalent value will reflect as a credit to the Account in thesame manner as any other repayment.
9.9 SiFi reserves the right not to credit any cashback earned or wipe off any cashbackaccumulated on a Payment Card if the Customer, the Account Administrator or anySupplemental Card Holder misuses their Payment Card or Account.
9.10 SiFi reserves the right to amend the terms of this Section or remove the Customer’sability to earn cashback at any time. In such case, SiFi will inform the Customer inaccordance with these SiFi Payment Cards Terms.
10.1 Customer may terminate these SiFi Payment Cards Terms if the Customer does notagree to any amendment, change or modification notified to it by SiFi, by notifying SiFiof its intention to terminate within 30 days of receipt of the relevant amendment, changeor modification and after paying any outstanding amounts on any Payment Cards.
10.2 If Customer exercises its right to terminate under Section 10.1 above, Customer mustmake payment of all amounts outstanding on any Payment Cards to SiFi and, ifrequested, return any Physical Payment Cards to SiFi.
10.3 SiFi may, at any time, request any documents and/or information from the Customer thatit deems necessary to enforce these SiFi Payment Cards Terms and/or provide thePayment Cards to the Customer (including in respect of the Account Administrator andCustomer Personnel), and Customer agrees to promptly provide SiFi with suchdocuments and information upon request.
10.4 Customer authorizes SiFi to send the Customer’s and any Supplemental Payment Cardholders’ data declaration and accounts details to the Saudi Central Bank, banks and anyother applicable authorities. The Customer authorizes SiFi to obtain and/or disclose tothe Saudi Credit Bureau (SIMAH) or any other certified parties by the Saudi Central Banksuch information as may be required by SiFi (at its discretion) to prove, review or managethe Customer’s Account and the Payment Cards.
10.5 The Saudi Riyal shall be used as a basis for calculating all transactions and charges inrespect of the Payment Cards.
10.6 Customer irrevocably agrees that SiFi may subcontract the provision of part or all of theservices provided to the Customer under these SiFi Payment Cards Terms to any thirdparty in any jurisdiction. SiFi will remain liable to Customer for any recoverable directloss or damage incurred as a result of such subcontracting and maintain theconfidentiality of any such information to the same extent as SiFi does.
10.7 SiFi shall not be liable for the refusal of any merchant or establishment to accept or honorthe Payment Card, nor shall SiFi be responsible in any way for the goods or servicessupplied to the Customer. The Customer must resolve any such complaints directly withthe merchant or establishment. SiFi shall have no responsibility in this respect. No claimby the Customer against the merchant or establishment may be the subject of a claimagainst SiFi. SiFi will credit the Customer’s Payment Card with the amount of any refundonly upon receipt of a properly issued credit voucher from the merchant establishment.
10.8 The Customer must notify SiFi’s Customer Service team in writing as soon as possibleof any changes in the Customer’s address and/or telephone numbers of office, residenceand/or mobile. Failure to do so will relieve SiFi from any further liability with regards toofficial correspondence.
10.9 Customer authorizes SiFi 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, givenby telephone, facsimile or other means by the Customer or on the Customer’s behalf(the “Communications”) without any enquiry on SiFi’s part including, without prejudiceto the generality of the foregoing, as to the authority or identity of the person giving orpurporting to give the Communications and regardless of the circumstances prevailing at the time of receipt of the Communications.SiFi shall be entitled to treat the Communications as fully authorized by and binding uponthe Customer, and SiFi shall be entitled to take such steps in connection with or inreliance upon the Communications as SiFi may consider appropriate, whether theCommunications include Communications to pay money or otherwise to debit or creditany Account, or relate to the disposition of any money, securities or documents, orpurport to bind the Customer’s type of transaction or arrangement whatsoever,regardless of the nature of the transaction or arrangement or the amount of moneyinvolved.
10.10 Customer may contact SiFi’s Customer Service team in the event of having anyquestions, disputes, or complaints about a Payment Card.
1.1 These Terms and Conditions for Enabling Payment Cards on Third Party PaymentPlatforms (the “Third Party Terms and Conditions”) shall be applicable in additionto the terms of the Agreement and the SiFi Payment Cards Terms whenever Customermakes use of a Payment Card to make payments through third party paymentplatforms and technologies.
1.2 The following definitions shall apply for the purposes of these Third Party Terms andConditions:1.2.1 “Device(s)” means a smartphone, smart watch, tablet or any other devicecompatible for use with the Third Party Platform (as defined below) and whichis eligible for the registration of Payment Cards to be used through such ThirdParty Platforms as determined by SiFi;
1.2.2 “Passcode” means the secret code required to unlock a Device and/oraccess to the Third Party Platform on a Device; and
1.2.3 “Third Party Platform” means an online or mobile payment system and/oran electronic wallet service provided by a third party provider that enablesthe Customer to add the credentials of a Payment Card to make paymentsfor purchases at merchants and payment acceptance portals that acceptpayment via such platforms.
1.3 In return for SiFi providing access to the Third Party Platform to Customer, theCustomer agrees to be bound by these Third Party Terms and Conditions. Customer’suse of the relevant Third Party Platform via the Customer Portal or the App is subjectto Customer’s acceptance of these Third Party Terms and Conditions.
1.4 Customer confirms that it has reviewed, understood and agreed to these Third PartyTerms and Conditions, which form a binding legal agreement between the Customerand SiFi by accepting these Third Party Terms and Conditions along with theAgreement or as prompted via the Customer Portal or the App.
2.1 Customer is the sole responsible for maintaining the physical security of any Deviceand the confidentiality of:
2.1.1 the Device lock, PIN, Passcode, and other means to access the Third PartyPlatform, including but not limited to any Device lock, PIN, Passcode andother means to access the Third Party Platform (including any used by theAccount Administrator and the Supplemental Card Holders);
2.1.2 the Payment Card credentials of the Customer, the Account Administratorand each Supplemen2.1.3 any other personal and payment information on or for the Device (includingany personal and payment information of the Account Administrator and eachSupplemental Card Holder).
2.2 Customer must keep the Device, the Passcode and the credentials secure in the samesecure manner as cash, cheques, debit or credit cards, and other personalidentification numbers and passwords. Customer acknowledges that if it shares theDevice and/or any means of access to the Device with any third party, such third partymay be able to use the Payment Cards and access the personal and paymentinformation available in the Third Party Platform.
2.3 Any applicable fees, and charges that apply to a Payment Card will also apply whenthe Customer uses a Third Party Platform to access a Payment Card. The Third PartyPlatform provider and other third parties such as data service providers may levyadditional charges on the Customer as specified by them.
2.4 The Customer can link a Payment Card to a Third Party Platform by following theinstructions of the Third Party Platform provider. Customer may only use PaymentCards that SiFi indicates to the Customer are eligible for use on a Third Party Platform.When the Customer adds a Payment Card to a Third Party Platform, the Third PartyPlatform will allow the Customer to use the Payment Card to make transactions forgoods and/or services where the Third Party Platform is accepted as a paymentmethod. SiFi has the right to block a Payment Card from use via a Third Party Platformat any time. Customer hereby agrees and undertakes to communicate only with SiFi’sCustomer Service team should the Customer have any issue and not to contact anyThird Party Platform unless SiFi advise otherwise in writing.
2.5 In the event of a breach of confidentiality of the Device, the Customer shall be fullyand solely responsible for and bear all charges, costs, losses, and damageswhatsoever and howsoever arising from such breach. The Customer shallimmediately notify SiFi if the Passcode is breached or is disclosed to another personor entity. The Customer should act quickly to request SiFi to block the Payment Carddue to such disclosure or breach.
2.6 In the event of fraud, loss or theft of the Device, the Customer is obliged to immediatelynotify SiFi. SiFi will arrange to block all Third Party Platform transactions for allPayment Cards. SiFi reserves the right to refuse to permit any transaction if it suspectsthere is a breach of the Third Party Terms and Conditions, or that fraudulent or illegalactivity is taking place in relation to the Payment Cards.
2.7 SiFi may retain records of the Customer’s activity (and each the AccountAdministrator’s and Supplemental Card Holders’ activity) in relation to the Third PartyPlatform, including the most recent transactional data. SiFi may also periodicallycollect and use technical data and related information (that does not personallyidentify the Customer, the Account Administrator nor the Supplemental Card Holders)as a result of the Customer’s use (and the Account Administrator’s and SupplementalCard Holders’ use) of the Third Party Platform, including, but not limited to, technicalinformation about any applicable Device. SiFi may use this information to improve itsproducts or to provide services or technologies. SiFi may provide the details of theCustomer, the Account Administrator and any Supplemental Card Holder to thirdparties who perform services on behalf of SiFi, and therefore, the Customer may becontacted by such third parties on SiFi’s behalf to service the Customer’s Account.
2.8 The Third Party Platform is limited to providing another way for Customer to make purchases with a Payment Card. The Agreement and the SiFi Payment Cards Terms will remain the same without any variation when a Payment Card is linked to a Third Party Platform.
2.9 By registering, adding and using the Payment Cards in the Third Party Platform, theCustomer acknowledges (and shall ensure that the Account Administrator and eachSupplemental Card Holder acknowledges) that certain Payment Card accountinformation may be transmitted to and stored within each relevant Device with theThird Party Platform provider and/or on the system of a third party working with theThird Party Platform provider, for purposes of the Third Party Platform. The Customeracknowledges (and shall ensure that the Account Administrator and eachSupplemental Card Holder acknowledges) that such information may be used by theThird Party Platform provider and/or the third party working with the Third PartyPlatform provider. SiFi shall not be responsible and have no control over the privacyand security of the personal data and the information provided by the Customer, theAccount Administrator and any Supplemental Card Holder to the Third Party Platformprovider. The use of this information is governed by the privacy policy of the ThirdParty Platform provider and any other agreement entered into with the Third PartyPlatform provider.
3.1 A virtual representation of the Payment Card is licensed to the Customer for use onlyin accordance with these Third Party Terms and Conditions. SiFi reserve all rights notexpressly granted to the Customer. For the avoidance of doubt, the Payment Cardsare not licensed to the Account Administrator and Customer Personnel (includingSupplemental Card Holders). Any use of the Payment Cards in Third Party Platformsby the Account Administrator and Customer Personnel (including Supplemental CardHolders) shall be considered as being performed by the Customer and subject toSection 2.6 of the SiFi Payment Cards Terms and Sections 7.7, 9.2 and 9.3 of theAgreement.
3.2 Customer is granted a non-exclusive, non-sub licensable, non-transferable, personal,limited license to install and use tokens and other credentials associated with thePayment Card to make payments with the Device in the Third Party Platform solely inaccordance with these Third Party Terms and Conditions. The license is limited to useon any Device that the Customer owns or controls and as permitted by any applicablethird party agreements. The Customer shall not rent, lease, lend, sell, redistribute orsub-license any right to use any Payment Card credentials in the Third Party Platform.
3.3 Customer’s (and each the Account Administrator’s and Supplemental Card Holders’)use of the Third Party Platform is subject to third party terms and conditions. SiFi shallhave no responsibility or liability to the Customer, the Account Administrator nor theSupplemental Card Holders under any agreement with any third party. It is theCustomer’s sole responsibility to read and understand any third party agreementsbefore adding, linking or using the Payment Card through the Third Party Platform.
4.1 Except for liability that cannot be excluded under the laws of the Kingdom of SaudiArabia, SiFi shall not be liable for any loss which the Customer suffers by using theThird Party Platform nor any loss which the Customer Suffers due to the use by theAccount Administrator or the Supplemental Card Holders of the Third Party Platform,unless it is directly caused by SiFi’s gross negligence and/or wilful misconduct.
4.2 SiFi is not the provided of the Third Party Platform. SiFi is not responsible for:
4.2.1 providing the Third Party Platform service to the Customer. SiFi is onlyresponsible for supplying information securely to the Third Party Platformprovider to allow use of the Payment Cards on the Third Party Platform;
4.2.2 any failure of the Third Party Platform or the inability to use the Third PartyPlatform for any transaction.
4.2.3 the performance or non-performance of the Third Party Platform provider orany other third parties regarding any agreement entered into between theCustomer, the Account Administrator and/or the Supplemental Card Holdersand the Third Party Platform provider or any other third party.
4.2.4 the provision and any type of support or assistance for any third partyhardware, software or other products or services. If there are any issues orquestions with a third party product or service, including issues pertaining tothe operation of the Device, Customer should contact the appropriate thirdparty in accordance with that third party's procedures for customer supportand assistance
5.1 Customer does not have the right to amend these Third Party Terms and Conditions.Customer has the right to terminate the linking of their Payment Card to a Third PartyPlatform at any time by removing or de-linking their Payment Card from the relevantThird Party Platform.
5.2 SiFi has the right to amend these Third Party Terms and Conditions at any time byposting a revised version on the SiFi Platforms. SiFi will communicate suchamendments to the Customer 30 days before their effective date. The Customeraccepts and understands that it is their responsibility to refer to the updated ThirdParty Terms and Conditions via the SiFi Platforms
5.3 SiFi has the right to suspend or terminate the Customer’s use of the Payment Cardson the Third Party Platform, with immediate effect upon notification to Customer ofsuch termination, if the Customer or any of the Account Administrator or theSupplemental Card Holders breach these Third Party Terms and Conditions, theAgreement and/or the SiFi Payment Cards Terms.
5.4 SiFi has the right to suspend or terminate the Customer’s use of the Payment Cardson the Third Party Platform and will provide the Customer with notice (if reasonablypracticable) as set out below:
5.4.1 due to the acts or omissions of the Third Party Platform provider, includingsuspension of the Third Party Platform, breaches of cardholder data orother security breaches; and
5.4.2 suspension or termination in order for SiFi to comply with applicable law ororders from a competent regulator.
