Terms and Conditions

Introduction:

This terms and conditions policy (the “Usage Policy”) relates to your use of the “Online Payment Gateway/ Moyasar”

Whereas these terms and conditions constitute a legally binding agreement concluded between you (whether in a personal or legal capacity) and Moyasar Financial Company, hereinafter referred to as the “Service Provider”, please read these terms and conditions carefully before using the services of (Moyasar Financial Company). By clicking on the acceptance of these terms and conditions electronically, you acknowledge that the agreement is concluded electronically under Articles Five and Ten of the Saudi Electronic Transactions System, and your acceptance of the terms and conditions is considered a complete acceptance of all that is stated therein. Furthermore, as (Moyasar Financial Company) provides many different services, you are also subject to additional conditions and instructions according to the type of service. Therefore, If you do not agree with any part of these terms or any specific terms related to a particular service, you should refrain from using the services provided by (Moyasar Financial Company).

Article One - Introduction and Definitions:

The above preamble is an integral part of the merchant agreement concluded in the place where the service is provided. Below you will find the meanings and definitions of key terms used in these terms and conditions:

  • Parties: Moyasar Financial Company, and the Merchant، known as (both Parties).

  • Service: refers to the electronic payment service provided by the Electronic Payment Service Provider.

  • Fees: refers to the amounts due to payment service provider for the services provided to the merchant under this Contract.

  • Amounts Due: refers to the total service costs and financial returns for both Parties.

  • The bank: refers to the Merchant’s designated bank.

  • Central Bank: refers to the Central Bank of Saudi Arabia.

  • E-Commerce System: is a system issued by the Ministry of Commerce and approved by the Council of Ministers to enhance the reliability of e-commerce in the Kingdom of Saudi Arabia, to stimulate, develop, and provide the necessary protection for e-commerce Transactions in order to preserve the rights of the Merchant and online shoppers.

  • Business Day: refers to the day determined by the Central Bank as one of the general banking business days in the Kingdom of Saudi Arabia.

  • Electronic payment: refers to delivering electronic payment Transaction data and settlement to and from the the merchant, processing Transactions, and related electronic services provided by the the service provider.

  • Electronic Payment Service Provider: is the legal entity that has obtained the necessary licenses from international bodies, local government agencies with jurisdiction, and the Central Bank to provide electronic payment services.

  • Electronic Payment Gateway: refers to the technical services provided by the Electronic Payment Service Provider through which electronic payment Transactions are processed.

  • Electronic commerce: A commercial activity carried out by the service provider and the consumer - wholly or partially - through electronic means, for the purpose of selling products, providing services, advertising them, or exchanging their related data.

  • Cardholder: It refers to the legal person who has been provided with a specific Card or authorized to use a bank Card.

  • Merchant: means the legal person licensed by local government agencies with expertise in selling products and/or services online and accepting credit Cards as a method of payment, referred to as the merchant.

  • Customer/ Customers: refers to the consumer of the products and services offered by the merchant.

  • Payment Order: refers to the order issued by the payer or payee to the Electronic Payment Service Provider requesting the execution of an electronic payment Transaction.

  • Transaction: refers to any bank Transaction, including, as appropriate, a credit Transaction or a debit Transaction on a bank Card.

  • Successful Transaction: refers to any payment Transaction that has been accepted by the Electronic Payment Service Provider, the Card issuer bank, or the payment network.

  • Refund Transaction: refers to a successful Transaction where the amount collected by the Merchant is returned to the customer.

  • Chargebacks: It is a financial fee charged for objections received from Merchant customers through banks against electronic commerce operations that were paid by credit and debit Cards.

  • SSL: This refers to the standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private, confidential, and integral.

  • PCI-DSS: This refers to a globally adopted set of policies and procedures aimed at ensuring the security of credit, debit, and cash Card Transactions, and protecting the Cardholder from misuse of their personal information.

  • Internet: refers to a global communication network system for transmitting data through various types of media, including private and public networks, commercial, academic, and governmental.

  • Online Store: means a website and/or a smart phone application that allows visitors to find, order and pay for products and services according to the available payment methods accepted by the Merchant.

  • Consent: includes subsequent written confirmations of any prior oral approvals, which may include confirmation via email.

  • Force Majeure: refers to any event beyond the control of the Parties and not caused by any fault or negligence on their part, resulting in the impossibility of performing the contractual obligations, including, but not limited to, natural disasters, etc.

Article Two - Confidentiality of Information:

The two Parties are obligated not to use any of the information for any purpose other than stipulated in this Contract, or to disclose it to any third party, with the service provider obligated to disclose the Contract information if requested by the system or by a judicial order or any governmental body, and the Parties and their employees, independent contractors and agents are obligated by adhering to what is stated in this Article by maintaining the confidentiality of the information and not using or disclosing any of the terms of this terms and conditions, or any information learned about business practices and ways in which either Party conducts business that is not generally known to others, including, but not limited to, details of electronic payment gateway services, and any data that is a trade secret or competitively distinct such as programs computer, documents, data, data formats, and financial information.

Article Three - “Moyasar” Updates:

Moyasar Financial Company has the right to update and change the terms and conditions by publishing the updates and changes on its website. It is also advisable to visit the site from time to time to view any update that may affect you. You are required to read and agree to all the provisions stated in the terms and conditions before becoming an official user of Moyasar Financial Company. Please read our Terms and Conditions to have a full understanding of your legal requirements. You also acknowledge that you agree that Moyasar Financial Company may amend these terms of use at any time by publishing the amended terms of use on the Moyasar website, and the modifications to the terms of service are effective from the date of publication, and accordingly, your continued use of the services after any modifications, which are published on the Moyasar Financial Company website, constitutes your acceptance of the amended terms of use. If you do not agree with any changes to these terms, you must discontinue using the service.

Article Four - Liability of Moyasar:

  1. The Electronic Payment Service Provider shall not be liable for any loss or damage (including consequential loss or damage) incurred by the Merchant under this Agreement including, but not limited to, loss or damage caused by any device or telecommunications service not working.

  2. In the event of any malfunction or interruption, the Electronic Payment Service Provider will take all necessary commercial and technical steps to reduce the period resulting from this interruption.

  3. In no event will either Party be liable for indirect, special or consequential damages, even if advised. Neither Party shall be liable to the other for any failure or delay in performing this Contract in accordance with its terms if such failure or delay arises from causes beyond control or force majeure and without fault or negligence of that Party.

  4. This Clause of the Article shall survive expiration or termination of this Contract for any reason.

  5. By entering into this agreement, you acknowledge and agree to release Moyasar Financial Company, its subsidiaries, officers, directors, employees, and agents from any claims, liabilities, damages, losses, expenses, or indemnifications, including but not limited to legal and accounting fees, arising out of or in any way related to:

    • Your access to third party accounts that provide support services for your e-commerce store (whether used or unable to use), including but not limited to installment or logistics services.

    • Your negligence or misconduct.

    • your failure to provide and maintain correct, accurate, up-to-date and complete information in relation to your Moyasar Account.

Article Five - Obligations of the Merchant:

  1. The Merchant is obligated to secure the online store by imposing an SSL connection and updating it during the validity of the agreement for providing the electronic payment service.

  2. The Merchant is committed to the “PCI-DSS” security standards and requirements, where the secret Card data must definitely not go through the server of the merchant but must be sent directly to the server of the payment service provider.

  3. The merchant shall not receive payments from Cards issued outside the Kingdom of Saudi Arabia without any permission or approval from the payment service provider.

  4. The Merchant is obligated to fully comply with all laws, regulations, and instructions issued regarding money laundering, terrorist financing, cyber security, and credit information.

  5. The Merchant guarantees that he has taken the necessary precautions to ensure that his electronic systems are safe from hacking or infiltration by any unauthorized third party. In the event that the Merchant’s system is hacked and an unauthorized third party has access to the Cardholder’s data or Transaction data, the Merchant must immediately notify the Electronic Payment Service Provider of such breach and take such precautions as may be necessary to prevent such breaches from occurring in the future.

  6. The Merchant acknowledges that the Electronic Payment Service Provider is not responsible for any incorrectly processed Transaction or illegal or fraudulent access to the account and identifiers of the Party or any data related to the Cardholder or Transaction data.

  7. The Merchant acknowledges that the Electronic Payment Service Provider is not responsible for any violation of the merchant’s systems resulting from negligence, or any intentional damage.

  8. The Merchant is obligated not to use, disclose, sell or publish any information about the Cardholder that was obtained in the electronic payment process.

  9. The Merchant must ensure that each Transaction is recorded in Saudi riyals or the currency agreed upon with the service provider.

  10. The Merchant must clearly inform the Cardholder of the identity of the online store, its data and official communication methods so that the Cardholder can easily distinguish the Merchant from any supplier of goods or services to the Merchant or any other party. The Merchant must also notify the Cardholder that he is responsible for:

    • Sales Transactions, including any goods or services that are the subject of a sales Transaction.

    • All customer services related to the sales Transaction.

    • Settlement of disputes in connection with the sales Transaction.

    • Disclosure of the specific time for responding to and handling the complaint.

    • Disclosure of the terms and conditions of the sales or services Transaction.

    • Disclosure of the exact time of delivery before completing the purchase process and clarifying this in the purchase invoice.

    • Disclosure of the refund policy to the Cardholder before completing the Transaction.

  11. The Merchant shall ensure that any Goods or any Service purchased in a Transaction is sent to the Cardholder, using reasonable means of delivery, immediately after processing that Transaction.

  12. The Merchant shall not divide the value of any proposed credit Transaction deal into two or more separate credit Transaction deals which, when added together, would exceed the maximum allowable amount.

  13. The Merchant shall not:

    • Engage in any false, misleading or deceptive conduct regarding goods or services offered by the Merchant or any other dealings with the Cardholder.

    • Give permission to use the E-Commerce Service by or on behalf of any third party (including any associated company or party related of the Merchant).

  14. The Merchant must do everything that would reduce the volume of amounts refunded from him by his customers due to any defect in the sales or breach of the terms of sale or exceeding the reasonable period, immediately upon being notified by the service provider that the volume of amounts recovered from him exceeds the rate specified in accordance with the standards of Saudi payments and international credit Card companies.

  15. The Merchant must notify the Electronic Payment Service Provider immediately via e-mail:

    • In the event of circumstances arising that may have material adverse effects on the Company’s business, assets, financial condition, or the Company’s ability to perform obligations under the Agreement.

    • If the Merchant sells, rents, or transfers his business or any of the buildings.

    • If a Merchant changes the address at which he holds a business, changes his contact details (for example, phone number, fax number, or email) or starts operating elsewhere.

    • If the Merchant changes the nature, scope or type of his activity.

    • If there is any change in the identity of any owner of a company or the percentage of ownership owned by any owner of the commercial activity.

  16. The Merchant is obligated not to charge the Cardholder any part of the fees or taxes that the Merchant may be liable to pay under this Agreement or any applicable law in the Kingdom of Saudi Arabia, including the value-added tax system, whether by increasing prices or otherwise, or paying any required financing cost related to the Cards used through the electronic payment gateway.

  17. The merchant must comply with all policies and restrictions related to the use of the service that are published by the service provider or updated from time to time. These policies may include:

    • The policies that are notified to the service provider by the Merchant from time to time and/or are made available on the communication channels and/or through the websites of the service provider.

    • Technical conditions and implementation requirements imposed by the service provider.

    • Requirements of the service provider regarding data security, privacy and everything related to the protection and security of the merchant.

Article Six - Product Regulations:

  1. The Merchant undertakes to trade in authorized goods, services and merchandise and not to trade in prohibited goods, services and merchandise and not to violate any system governing, for example, the sale of religiously prohibited products, the sale of legally prohibited products, the sale of prescription drugs or controlled substances or other products subject to regulation and law.

  2. The Merchant undertakes to take into account the conformity of the commercial activities registered in his commercial register with the goods, services and products that he displays in his online store.

Article Seven - Rights of Ownership:

  1. Moyasar Financial Company owns the intellectual property rights in the website and the materials on it, and the merchant may not take any action inconsistent with this ownership, as the Gateway services, documents and related confidential information are protected by proprietary rights, commercial confidentiality and other intellectual property laws.

  2. The Merchant acknowledges that they do not own the intellectual property rights or ownership rights to the gateway services and will not object to the ownership of the electronic payment gateway services, Transaction services, copyright, and any related technology used under this Agreement, including all intellectual property rights associated with it. No ownership of any of the above shall be granted or transferred to the merchant, any other entity, or any other person under this Agreement. The merchant shall cooperate in defending the Payment Service Provider’s ownership rights to the electronic payment gateway services.

  3. The restrictions contained in this Contract cannot be interpreted as replacing or canceling any rights that the Payment Service Provider may have under existing laws related to trade secrets. The Merchant is not permitted to change or remove any copyright or publication rights of any printed or electronic materials on the portal system, or any other legal notices related to portal services and related documents. The ‌merchant ‌is not permitted to do the following:

    • Disassemble, reverse, reverse assemble, re-engineer, or assemble them in reverse, or attempt to discover source code, trade secrets, or other such things.

    • Circumvent any technical measures to control access to the electronic payment gateway services.

    • Use the electronic payment gateway services in a manner that violates the provisions of this Contract.

Article Eight - Merchant Account Management (Dashboard):

  1. The Merchant must, within the framework of obtaining the service and as a condition from the Payment Service Provider to provide the service to it, open and register a commercial account in a Saudi bank in order to settle the amounts due to the Merchant after deducting the fees and value-added tax on the electronic payment service fees

  2. The Merchant is solely responsible for maintaining adequate security and control over all identifiers, passwords or any codes. The Payment Service Provider has the right to rely on the information it received from the Merchant and assumes that all such information has been transferred by or on behalf of the Merchant.

  3. The Merchant must abide by all the recommendations and notices of the Electronic Payment Service Provider related to the security of the online store, the Merchant’s identity account, the password and the account (s) of the electronic payment gateway that are applicable during the term of this Contract.

Article Nine - Receipt of payments from outside the Kingdom of Saudi Arabia:

If the Merchant wishes to receive payments from Gulf Cooperation Council countries or other countries in the world, or both, it requires approval from Moyasar for the risks associated with it.

  1. The Merchant shall explain to Moyasar the reason for wanting to receive payments from outside the Kingdom and explain the following in detail:

    • The nature of the goods and services provided.

    • The amounts expected to be received in a certain period of time, based on previous sales figures and/or studied future scenarios.

  2. The merchant must specify the countries from which they wish to receive payments and submit a special request signed by them to absolve Moyasar of any responsibility for any risks associated with receiving payments from outside the Kingdom, including, but not limited to, the risks of fraud and forgery.

  3. Requesting to receive payments from outside the Kingdom is subject to additional fees and as stated in Moyasar terms and conditions the request will be reviewed by the Risk Management and Compliance Department at Moyasar, in order to make a decision whether to accept or reject the request based on a risk-based approach and the countries from which the payments are requested to be received.

  4. The merchant account is subject to supervision, which is a customary procedure that considers the amounts and volume of Transactions, as well as complaints submitted by customers to the merchant, regardless of their types and numbers, especially refund complaints.

Article Ten - Settlement and Payment Method:

In accordance with these terms and conditions, The service provider’s dues are settled by deducting the agreed-upon service fees and value-added tax on those fees that are added to your account for each successful transaction that is completed, and accordingly, the “Moyasar” team will transfer the value of the operations due to you to the bank account of your facility. Please be aware that the transfer procedure may be delayed if you not provide accurate bank account information or follow the service’s terms of usage.

  1. All financial amounts related to transactions will be transferred to the Merchant’s account within a period of seven (7) working days, after deducting the agreed -upon service fee and value added tax on those fees. The amounts shall be equal to or more than one hundred (100) Saudi riyals. The mentioned period shall be exempted if any amounts are held for the purpose of verification and waiting for the required supporting information.

  2. The user has the right to request payment of his dues before the agreed-upon payment day; as therefore, the “Moyasar” has the right to impose an additional fee in this case.

  3. The payment service provider has the right to amend the prices of services based on the evaluation and continuous review of the Merchant’s work, by virtue of a written notice addressed to you, and this amendment will be binding on the merchant if he does not object within thirty (30) working days to the new amendments.

  4. In accordance with these terms and conditions, the user shall paying any fees and other amounts directly to the payment service provider by the invoice due date. Unless otherwise stated. The payment service provider may, in the event of failure ‌to pay ‌‌the sums ‌due to ‌the payment service provider at the time specified under this terms and conditions, suspend the user’s service.

  5. The user is obligated to promptly review all Transactions, and shall notify the payment service provider of any error within thirty (30) business days. Unless the payment service provider is notified of the error within thirty (30) business days from the date of the Transaction, the payment service provider shall have no obligation to make any adjustments to such fees, and the Transaction shall be deemed correct.

Article Eleven - Warnings and Suspension of Service:

  1. The payment service provider may suspend the service temporarily in the absence of any activities on the account within a period of ninety (90) days, according to a written notification addressed to the Merchant.

  2. The Merchant may request to reactivate the account if it is proven that the atrophy of activities is due to the nature of his work.

  3. The payment service provider may accept or refuse to activate the account, as required by the reasonable opinion of the concerned department of the payment service provider.

  4. The payment service provider may suspend or continue to temporarily suspend the service in the event that the merchant does not respond to the Company’s representatives by providing them with any necessary and additional documents as required.

  5. The payment service provider may suspend the service temporarily if a number of frauds are suspected until the results of the investigation appear.

  6. The payment service provider may suspend the service temporarily in the event that there is an unjustifiable repetition of (Chargeback) requests on the Merchant’s account.

  7. The payment service provider may suspend the service temporarily upon request from the relevant legal authorities.

  8. The merchant may request temporary suspension of the service in the event that any circumstance appears that prevents him from continuing the business during a certain period that does not exceed the term of the Contract.

Article Twelve - Termination:

Notwithstanding the foregoing, the Parties will have the following rights:

  1. In the event that the service remains suspended to you and exceeds the term of the contract, the payment service provider has the right to terminate the contract permanentl.

  2. In the event that the merchant wishes to activate the service after termination, it shall provide the payment service provider with all the requirements imposed for opening the account with the signing of a new agreement.

  3. When the service provider receives a notice from any authority with judicial or executive jurisdiction, The service provider has the right to terminate the agreement concluded of the portal services provided to you, or to suspend your operations.

  4. Either Party may terminate this Contract if the other Party fails to implement any material obligation specified in this Contract or if the other Party takes any action that may harm the reputation or work of the other Party.

  5. The Merchant may terminate the Contract at any time based on the payment service provider written notification thirty days prior to the termination, provided that the merchant bears the monthly fees incurred by the termination of the Contract (if any).

  6. In the event that the payment service provider reasonably believes that the merchant is in violation of its obligations under this Contract, including, but not limited to, selling products or services that violate law or regulation, or that the Merchant’s behavior poses a risk to systems, devices, or activities, or intellectual property rights of the Electronic Payment Service Provider (“case of threat”), the Moyasar may immediately suspend the account(s) of the Merchant. In any case, the Moyasar may terminate this Contract if the threat condition remains unresolved more than thirty (30) working days after notifying the Merchant of the threat situation.

Article Thirteen - Financial Disputes:

  1. The payment service provider shall investigate disputes regarding the service, provided that the user provides all reasonable assistance requested from time to time. To avoid service disputes, the user undertakes to respond to the payment service provider questions and demands within a maximum period of two (2) business days from the user receipt of such questions and demands.

  2. Any dispute regarding the service shall first be referred to the financial disputes support team affiliated with the payment service provider. To follow up on any request, the user can directly contact their account manager or contact the financial disputes team via email (Disputes@moyasar.com).

  3. The payment service provider guarantees that all service disputes will be handled in a fair manner and within the specified time frames.

  4. The payment service provider also ensures communication with the merchant regarding the service dispute within a period of five (5) working days from the date of receipt, and providing merchant with the following information:

    • The identification number of the dispute ticket.

    • Description explaining the problem and its statement.

    • The expected date for resolving the dispute.

    • The decision to accept or reject the dispute with a statement of reasons.

  5. In the event that any commercial Transaction is canceled for any reason, the payment service provider may request a refund from you.

  6. The Merchant acknowledges and agrees that if there are insufficient funds in his account, the payment service provider may collect the debt from you by deducting the value of this debt from the merchant account when conducting the next Transaction, or through any other method not prohibited by the applicable regulations.

  7. Any disputes that may arise should be resolved and settled amicably within thirty (30) days from the date of the account statement. Fees paid are deemed acceptable if no written objections are made within the thirty (30) day period.

  8. The Parties must promptly investigate any disputed fees under this terms and conditions, The dispute shall not excuse you from paying your obligations and fees under this terms and conditions. If the dispute is resolved in favor of you , the payment service provider shall refund any overpaid fees.

  9. In the event that any of the following points are met, the payment service provider has the right to seize funds for verification, and it must either refuse to process the Transaction, cancel it, or clear it, or accept the processing of the Transaction and settle this Transaction for your account:

    • When you request or executes a refund.

    • If the payment service provider has reason to believe that the deferred settlement is justified in deferring settlement to prevent loss to the Merchant or the payment service provider.

    • If you breaches the terms and conditions, or if the payment service provider has reason to believe that the Transaction is invalid.

    • The Merchant has been evaluated as representing high credit risk.

    • If the payment service provider, based on its own assessment, believes that the Transaction involves errors in the presented facts, or involves misconduct, fraud, unusual activity, or the use of a counterfeit Card for the Transaction, or violates the rules, terms, policies, or regulations applicable to the Moyasar or if additional information is requested to perform verification procedures or comply with anti-money laundering regulations and financing terrorism requirements

  10. The Merchant shall be notified of the rejection of the payment order in accordance with the applicable system, at an appropriate time, and shall be provided with objective reasons for the rejection as well as information on how to resolve or correct such rejection.

Article Fourteen - Fines:

The Payment Service Provider is entitled to impose fees of two hundred (200) Saudi Riyals on any claim in accordance with the dispute policies in electronic payment Transactions that results in a (Chargeback),as in the following cases:

  1. The failure of the merchant to comply with article 10.

  2. The occurrence of a dispute between the merchant and the customer, which results in the loss of a chargeback claim for the payment made by the customer.

  3. The merchant failure to provide a sufficient response regarding the purchasing information within a period of (2) working days from the date of receiving the inquiries and demands

  4. Claiming that the purchase has been accepted or requested without authorization from the customer in an incorrect manner.

  5. The Cardholder raised an accepted dispute with the official entity concerning the Transaction, quantity, delivery of goods, level of quality of the goods, or the provided service.

  6. The Merchant fails to comply with any provision of this Agreement by reference to the purchase of the Goods or Services or a purchase Transaction may constitute a violation of any law in Kingdom of Saudi Arabia.

Article Fifteen - Indemnification:

You hereby indemnify and hold us harmless from and against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a lawsuit or dispute based on the advice of our legal advisors or any of the expenses incurred or incurred by us and resulting from your breach of any provision of these Terms and Conditions.

Article Sixteen - Waiver:

According to the terms and conditions that you agree to, you may not assign any of your rights and obligations to any party without obtaining the prior written consent of the payment service provider. Termination of the agreement and recourse to you for compensation for any damage incurred by the payment service provider as a result of your behavior.

Article Seventeen - General Provisions:

  1. The two parties agree to submit any disputes or claims arising from the terms of use to the jurisdiction of the Saudi Arabian courts, and the terms of use are subject to and governed by the laws of the Kingdom of Saudi Arabia.

  2. If any provision of this terms and condition is unlawful, the invalidity of that provision shall not affect any of the remaining provisions, and this terms and conditions will be construed as if the unlawful provision was not contained in the terms and conditions.

  3. The Terms and Conditions will be available in both Arabic and English. In the event of any inconsistency or discrepancy between the English terms and conditions and the terms of use available in Arabic, the Arabic version is the approved version.

  4. In general, these Terms and Conditions and the appendices attached to and incorporated therein reflect the parties’ full understanding of the subject matter and supersede any prior agreements between them.

  5. If any Party becomes unable, in whole or in part, due to force majeure, to perform its obligations under this Contract, then the Party affected by the force majeure shall fulfill its obligations to the extent permitted by reality and so that it is not burdensome until the cessation of force majeure, but not for more than 30 days.

  6. The Party claiming the inability to perform immediately upon the occurrence of force majeure must notify the other Party of the nature, date of commencement and duration of the force majeure, and the extent to which the Party providing such notification is prevented from performing its obligations under this Contract.

  7. The Party claiming inability to perform shall immediately correct the inability to the extent that it can be corrected by providing reasonable care.

  8. In the event that the force majeure events continue for more than thirty (30) consecutive working days, the unaffected Party has the right to terminate this Contract through a written notice to the other Party.

  9. The Party giving notice shall confirm such notice in writing as soon as possible.

  10. Every communication made under this Agreement must be in written and sent either in person, via courier, or via email.

  11. These terms and conditions have been established for your benefit and ours, and are not intended to benefit or be applied by any third party. The exercise of our rights and your rights in relation to these terms and conditions is not subject to the approval of any third party.

  12. You may not use the service of the Moyasar Financial Company for any illegal or unlawful purpose or for any unauthorized purpose, and you are not entitled to use the service in any way that constitutes a violation of any regulation or laws of copyright and intellectual property rights. Moyasar Financial Company reserves the right to deactivate any account that violates any of the aforementioned terms.

Article Eighteen - Moyasar Rights:

  1. “Moyasar Financial Company” has the right to modify or terminate the service for any reason and without notice at any time.

  2. “Moyasar Financial Company “ has the right to refuse service activation to any individual for any reason, at any time, according to its own discretion, if it deems the reason to be unlawful, abusive, threatening, defamatory, promoting pornography, explicit content, or unwanted content in any form, or if it violates the intellectual property rights of any party or contravenes to the terms of use.

  3. Verbal or written abuse of any kind (including threats of abuse or retaliation) of any client, employee, member or officer will result in immediate account termination.

  4. “Moyasar Financial Company” has the right to provide its services to any party even though it is a competitor to other parties benefiting from the same services, and “Moyasar” is committed to complying with the ethical and legal charter, which prohibit harming any party or withholding its services to benefit another party, and it does not engage in any form of monopolistic practices in any available market sector. The beneficiary of the service also acknowledges and agrees that the employees of “Moyasar” and the contractors may be clients/ merchants of “Moyasar” at the same time and that they may compete with the user. However, the company is not allowed to use the user’s confidential information when doing so.

  5. In the event of a dispute regarding account ownership, “Moyasar Financial Company” has the right to request documents for verification or confirmation of account ownership. These documents may include, but are not limited to, an electronic (scanned) copy of the business license or a copy of the national identity card, or the last four digits of the bank card on file and so on.

  6. “Moyasar Financial Company” has the right, at its own discretion or after seeking legal advice, to decide upon the ownership of the account and issue a decision to transfer the account to the rightful owner. In the event that we are unable to determine the rightful owner of the account in a logical and reasoned decision, we have the right to suspend the account temporarily until the conflict between the two parties is resolved through a court ruling or a binding agreement decision held in the presence of a legal advisor.

Article Nineteen - Governing Law and Dispute Resolution:

  1. This contract is governed by and interpreted in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia.

  2. In the event of a disagreement or dispute, both parties should seek to resolve it amicably within ninety (90) days through negotiation before resorting to legal procedures.

  3. In the event of failure to resolve the disputes amicably after the specified period, resort to the competent courts in the Kingdom of Saudi Arabia in the city of Riyadh.

Article Twenty - Information Security and Protection of Your Privacy:

  1. All information exchanged during the provision of online payment services is protected and encrypted using SSL data transmission in a confidential and secure way.

  2. The multiple identity verification system (3D secure) has been applied to raise the level of security for our clients when using the “Moyasar” Online Gateway.

  3. Access to merchant data is limited to authorized employees who have specific operational reasons.

  4. We do not provide any third party with your information except in accordance with the applicable regulations in the Kingdom of Saudi Arabia, which govern all our shared transactions with you.

  5. The merchant is committed to complying with the security standards and requirements of the Payment Card Industry Data Security Standard (PCI-DSS), whereby the sensitive card data do not pass on the merchant’s server, but must be sent directly to the Moyasar Financial company’s server.

  6. The merchant guarantees that he has taken the necessary precautions to ensure that his electronic systems are safe from hacking or intrusion by any unauthorized third party. In the event that the Merchant’s system is hacked and an unauthorized third party has access to the card holder’s data or transaction data, the Merchant must immediately notify the electronic payment Service Provider of such breach and take such precautions as may be necessary to prevent such breaches from occurring in the future.

  7. In the event that you have been exposed to a security breach, please report it to the “Moyasar” team by calling customer service: 800 1000181

Article Twenty-One - Technical Support and Complaints Handling:

Pursuant to these terms and conditions, “Moyasar” provides some technical support services, for example:

  1. The merchant has the right to communicate with the technical support team through (8001000181) or any of the aforementioned means of communication and to resolve electronic technical issues that may arise on his account.

  2. The merchant can receive technical support according to the type of support required via the link: https://help.moyasar.com/en/

  3. The merchant has the right to raise a complaint through phone or email by following the steps outlined in this link: https://help.moyasar.com/en/article/how-to-easily-make-a-complaint-via-phone-or-email-1sv9zg6/

Moyasar Financial Company

Under the Control and Supervision of the Saudi Central Bank.

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