Friendi pay oman

These terms and conditions (Terms and Conditions) will apply to your use of our Services. The Terms and Conditions, Privacy Policy, Cookies Policy, Content Sharing Terms and Conditions in Schedule 1 and any other policies that we may provide to you from time to time comprises the agreement between Payments Arabia SPC (us, we, our, friendi Pay) and you (you, your) (Agreement).

By using our Services, you agree to be bound by the Agreement and you undertake that you have read, understood the terms set out in the Agreement. If you do not agree with any part of the Agreement, you must discontinue using the Services.

Access to and use of our Services is conditional on acceptance of this Agreement. If you do not agree with these Terms and Conditions, you must immediately discontinue access to and use of the Services. By accessing or using the Services, you agree to be bound by this Agreement, which may change from time to time at our absolute discretion without prior notice.

Definitions

The following capitalized terms shall have the following meaning in this Agreement:

Affiliate means, in relation to a party, any company or other legal entity which directly or indirectly, through one or more intermediaries, controls, is controlled by or is under the common control of a third party with such party. For the purposes of this clause, “control” as used with respect to any entity, means the possession, directly or indirectly, of the power to direct or exercise a controlling influence on the management or policies of such entity, whether through the ownership of voting securities, by contract or otherwise;

Agent means an individual or company instructed to act on behalf of friendi Pay ;

Applicable Laws means all national, federal, provincial, local and municipal legislation, regulations, statutes, by-laws, decrees, orders, sanctions, conditions to consents and/or other laws of any relevant Governmental Authority and any other instrument having the force of law as may be issued and in force from time to time relating to the Services or otherwise connected with the activities contemplated under this Agreement;

Beneficiary means a Merchant or any person holding a friendi Pay eWallet or any other Mobile Wallet who is identified as the recipient of a Payment in the applicable Payment Instruction;

Business Day means a day on which banks are open in the Sultanate of Oman;

Cash Pickup Transaction means a Transaction whereby the Sender makes a Payment to a Beneficiary outside Oman and the Beneficiary can redeem the Sent Amount in cash at any participating Outlet identified by friendi Pay from time to time;

Chargeback means a process where friendi Pay initiates a refund of a Payment Amount for any Transaction identified in clause 10.1 back to your friendi Pay eWallet;

Charges means the fee payable by you in relation to each Transaction (transaction fees) for any of the Services including any applicable taxes, as published by friendi Pay from time to time on the friendi Pay Channels;

Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored digitally;

Credentials means any username, password, PIN or access code that you may use to access the friendi Pay eWallet;

Fraudulent Transaction means a Transaction that is not permissible under Applicable Laws or this Agreement, including a Transaction that is processed without your authorisation;

friendi Pay Channels means: (i) the friendi Pay eWallet websites made available by or on behalf of friendi Pay from time to time, including the website available at www.friendipay.om; (ii) the friendi Pay eWallet; and (iii) any other platform that friendi Pay may identify from time to time where you can access the Services and execute Transactions;

friendi Pay Contact Centre means the customer service contact centre established by friendi Pay from time to time to receive, investigate and resolve Customer queries and complaints in relation to services offered by friendi Pay;

friendi Pay eWallet means the mobile wallet solution owned and operated by friendi Pay, consisting of a stored value account used to carry out Transactions;

Governmental Authority means any authority having jurisdiction over the Services, the parties or any other matter under this Agreement, including any international, federal, state, emirate, provincial or municipal authority or any department, subdivision (political or otherwise), municipality, agency, regulator, corporation or commission under direct or indirect control thereof;

Inbound Payment means a Payment that is initiated by way of a Payment Instruction from Sender that is processed through a Payments Facilitation Platform and received in your friendi Pay eWallet;

Intellectual Property Rights means all patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and rights in domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all and other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world;

Merchant means any person or entity that makes Products available for you to purchase using your friendi Pay eWallet;

Merchant Payment Services means the Merchant payment services as set out in clause 7.1;

Mobile Device the mobile phones, smartphones, tablets, PDAs, computers and other equipment on which the friendi Pay eWallet will operate on;

Mobile Wallet means any other mobile wallet solution that is owned and/or operated by a third party which is operable with the friendi Pay eWallet;

Onboarding Process means the eKYC and other information we notify you that we need to collect from you in order to activate the Services and such processes and information required may be amended by us from time to time in our absolute discretion and based on Applicable Law;

Outbound Payment means a Payment that takes place by way of a Payment Instruction initiated by you on the friendi Pay Channel to be credited to the Beneficiary’s friendi Pay eWallet, bank account in Oman or any other Mobile Wallet in or outside of Oman;

Outlet means a physical location where the Beneficiary can collect cash paid to them in a Cash Pickup Transaction;

Payment means a transfer of funds, Cash Pickup Transaction, Outbound Payment you initiate using any of the Services in accordance with the Agreement;

Payment Amount means the amount of the Payment including any of the Charges;

Payment Details means the information that friendi Pay may require from time to time to process a Payment for different Services. Payment Details shall at least contain sufficient information to identify the Beneficiary as well as the Payment Amount. Payment Details requirements may vary depending on the Services you are using;

Payment Instruction means an electronic instruction or request to make a Payment which is initiated by you and intended to be processed through your friendi Pay eWallet;

Payments Facilitation Platform means a friendi Pay Channel or any other electronic platform owned operated by a third party for the purpose of facilitating a Cash Pickup Transaction, Inbound or Outbound Payment;

Point of Sale means each retail location of a Merchant where you can initiate a Payment to that Merchant;

Product means any product or service that you may purchase from a Merchant where Payment for such Product is made from your friendi Pay eWallet;

Profile means your electronic profile and account that friendi Pay shall create;

Receive Amount means the amount expressed in the Receiving Currency, that is received by a Beneficiary to whom a Payment is made in accordance with a Payment Instruction processed pursuant to this Agreement;

Refund means a credit payment instruction issued by friendi Pay to return a Payment Amount (excluding any Charges) to your friendi Pay eWallet;

Sender means a person that initiates a Payment Instruction through a Payments Facilitation Platform to make Inbound Payment, Outbound Payment or Cash Pickup Transaction;

Sent Amount means the amount expressed in Omani Riyals in which the Sender initiates a Payment Instruction that is processed through a Payments Facilitation Platform;

Services means the services provided by friendi Pay on the friendi Pay Channels as set out in clause 4.1 of these Terms and Conditions, which may be updated from time to time;

Successful Transaction means a Payment Instruction processed through the friendi Pay Channel pursuant to this Agreement which results in your friendi Pay eWallet being debited with the Payment Amount and the Beneficiary’s bank account or Mobile Wallet being credited with the corresponding amount as part of executing a Transaction; or a Transfer Reference Number being issued by us;

Transaction means all activities that may be carried out on your friendi Pay Channel in relation to the Services;

Transaction Limit means the limit that friendi Pay may impose on the number of Transactions that can take place on your friendi Pay eWallet, this includes but not limited to a limitation on the Payments you may make, funds you may receive and any other limitation that may be set out in the Service Terms and Conditions from time to time;

Transfer Reference Number means the reference number provided by friendi Pay that a Cash Pickup Transaction and Outbound Payment has been successful;

Transfer Services means the services as set out in clause 5.1 of these Terms and Conditions;

VAT means value added tax chargeable under relevant value added tax acts;

Virus means any viruses, worms, malwares, trojan horses, cancelbots, or any other computer code designed to disrupt or adversely impact computer systems, networks, Mobile Devices or any other devices; and

Wallet Top Up means the process by which value is added to a friendi Pay eWallet via the friendi Pay Channels.

Onboarding Process

2.1. This Agreement starts on the date your Onboarding Process is completed and remains in effect for as long as you use the Services.

2.2. Once this Agreement has been accepted you will be required to complete the Onboarding Process prior to any Services being available to you. You will be required to provide the following information to complete the Onboarding Process: name, date and place of birth, national identification card, passport details, permanent address (for Omani nationals), employment details (for non-Omani nationals), mobile number, email address, signature, and any other information that we may require from time to time.

2.3. If the Onboarding Process has been completed to our satisfaction, then you will receive a friendi Pay eWallet notification to that effect. We may require further information to complete the Onboarding Process successfully and we will notify you accordingly. You will not be able to access the Services until the Onboarding Process has been completed successfully.

2.4. If the Onboarding Process does not complete to our satisfaction, then we will notify you and you will not be able to use any of our Services.

2.5. If and when friendi Pay introduces new features, functionalities and/or facilities within the Services, you may be required to provide additional information, additional identity verification documents online or in person or such other information as we may, in our discretion, notify you in order to access such new features.

Your use of the Services

3.1. You undertake, represent and warrant that you:

3.1.1. must always keep the information you have provided to friendi Pay up to date and accurate;

3.1.2. must immediately notify friendi Pay in writing of any changes to any such information;

3.1.3. must keep your password secret and must not share any of your details with any other person or entity;

3.1.4. are 18 years or above, of sound mind and are capable of entering into a legally binding agreement under Applicable Laws;

3.1.5. will only download the friendi Pay Channels (mobile applications) from an application distributor or online store allowed by friendi Pay;

3.1.6. must provide accurate and complete information when requested to do so;

3.1.7. shall not use the Services on behalf of any other individual or entity;

3.1.8. use of the Services will be solely restricted to your use of the Services;

3.1.9. use of the Services will be in accordance with the Agreement, for non-commercial use and all Applicable Laws;

3.1.10. use of the Services will not breach any Intellectual Property Rights or breach any confidence;

3.1.11. will not use the Services to transmit any defamatory, derogatory, offensive, menacing, threatening or obscene content;

3.1.12. will not copy, distribute, create derivative works of or modify any part of the friendi Pay Channels, the Services or the information contained herein or in any way exploit or allow others to exploit any part of the Services or the friendi Pay Channels in whole or in part except as expressly authorized in writing by friendi Pay;

3.1.13. must comply with any instructions regarding use of the friendi Pay Channels as friendi Pay may from time to time consider necessary to issue to maintain the integrity, quality and safety of the Service for all customers and such instructions shall be binding upon you and be deemed to form an integral part of the Agreement;

3.1.14. must not in any way display, publish, copy, print, post or otherwise use the friendi Pay Channels and/or the information contained therein without the express prior written consent of an authorised friendi Pay representative or the Agreement;

3.1.15. will not carry out any Fraudulent Transactions;

3.1.16. will not decompile, reformat or reverse engineer any of the friendi Pay software, friendi Pay Channels, friendi Pay eWallet or the Services or features that may be offered from time to time;

3.1.17. will not introduce any Virus onto any friendi Pay Channels, friendi Pay software or any friendi Pay eWallet Services;

3.2. It is your responsibility to inform us if there is: (i) any suspicious behaviour in relation to your Profile; (ii) you believe that there is any suspicious behaviour in relation to your account or your Profile; or (iii) that any security has been compromised in relation to your account or your Profile.

3.3. You are required to regularly change your password to your account to conform with security requirements. If you fail to do so, you may not be able to access the Services and we may suspend your Profile.

3.4. It is your responsibility to ensure that any Mobile Device used to access the friendi Pay Channels are safe and free from any Virus and that they are adequately protected against encountering Viruses and the device root system is not altered.

3.5. It is your responsibility to ensure that Beneficiary, Payment Details and any Payment Instruction details are input correctly. We will not, nor do we have any obligation to, verify any details and we will not be responsible for any errors in any Transactions as a result of any incorrect inputs by you.

3.6. You must regularly check your statements for all Transactions and inform us immediately if there are any discrepancies within fifteen (15) days of the date of such Transaction.

3.7. You must ensure that there are sufficient funds to cover the Payment Amount in your friendi Pay eWallet for us to carry out the Transaction.

3.8. We reserve the right to cancel or block any Transaction that we may, in our sole discretion, determine is contrary to Applicable Laws, suspicious, in breach of this Agreement or as required by a Governmental Authority.

The Services

4.1. We offer the following Services, including but not limited to:

4.1.1. Peer-to-peer transfer services within the friendi Pay network;

4.1.2. Peer-to-peer transfer services to non-friendi Pay eWallets within Oman;

4.1.3. Merchant Payment Services;

4.1.4. Transfer Services;

4.1.5. Wallet Top Up services provided via the friendi Pay Channels; and

4.1.6. such other services as we may, in our discretion, decide to offer (together, the Services).

4.2. friendi Pay reserves the right to unilaterally and without notice to you:

4.2.1. suspend or terminate your use of any of the Services;

4.2.2. terminate any Service or add new Services; and

4.2.3. amend the Agreement at any time.

4.3. For the avoidance of doubt, if you continue to use any of the Services after any amendment in accordance with clause 4.2, you will be deemed to have read and understood such amendments and you agree to be bound by them.

Transfers

5.1. The Transfer Services allow you to process an Inbound Payment, Outbound Payment and Cash Pickup Transaction on your friendi Pay eWallet (Transfer Services).

5.2. Spending and withdrawal limits are imposed for security reasons and are as detailed below:

5.2.1. Maximum Wallet Balance: OMR 1000

5.2.2. Person to person transfer: OMR 250 per transaction

5.2.3. Top-up / Cash in: OMR 500 per transaction

5.2.4. International remittance OMR 1000 per transaction

5.3. Outbound Payments

5.3.1. You may make Outbound Payments to a Beneficiary’s Mobile Wallet or bank account locally or internationally.

5.3.2. In addition to other reasons set out in this Agreement, friendi Pay may decline to process a Payment Instruction if:

5.3.2.1. the Mobile Wallet used by the Beneficiary is not a Mobile Wallet that is approved by friendi Pay in its absolute discretion; or

5.3.2.2. the Beneficiary’s bank account or Mobile Wallet you provided on the Payment Instruction is invalid because the bank account or Mobile Wallet is closed, dormant, or not recognised.

5.4. Cash Pickup Transaction

5.4.1. As part of a Cash Pickup Transaction, you will be required to identify an Outlet where the Beneficiary will be able to receive the cash.

5.4.2. For a Cash Pickup Transaction, it is your responsibility to inform the Beneficiary that the Cash Pickup Transaction has been successful as well as to provide the Beneficiary with the necessary information that they will need to redeem the cash at the Outlet.

5.4.3. If the Beneficiary does not collect the cash they have received as part of a Cash Pickup Transaction from the Outlet within 60 (sixty) days, the Payment will be deemed to be expired (an Expired Payment). friendi Pay is under no obligation to execute an Expired Payment.

5.4.4. If a Payment is deemed to be an Expired Payment, you will be entitled a Refund of the Sent Amount. friendi Pay shall use all reasonable endeavours to process the Refund within 30 (thirty) days of being notified of such Expired Payment. Any Charges paid or incurred by you for such an Expired Payment or the Refund of the Sent Amount will not be refunded to you.

5.4.5. If the Payment Instruction for a Cash Pickup Transaction and an Outbound Payment is successfully processed by friendi Pay, friendi Pay shall issue you with a Transfer Reference Number.

5.4.6. In respect of Cash Pickup Transactions, for the Beneficiary to redeem the cash at the Outlet, they will be required to provide the Transfer Reference Number, valid identification card issued by a Governmental Authority and other information necessary to confirm the identity of the Beneficiary. It is your responsibility to provide the Beneficiary with the Transfer Reference Number.

5.5. It is your responsibility to ensure the safekeeping of the Transfer Reference Number and ensure that only the Beneficiary has access to it. friendi Pay shall not be held liable for any loss or damages that you or the Beneficiary may suffer as a result of unauthorised use of the Transfer Reference Number or related details by someone who is not a Beneficiary.

5.6. If you wish to cancel a Payment, you may contact the friendi Pay Contact Centre. friendi Pay shall use its reasonable endeavours to cancel the Payment but makes no undertaking or guarantee that the cancellation will be successful. friendi Pay shall not be held liable for any loss or damage that you or a third party may suffer as a result of friendi Pay’s inability to cancel the Payment. In respect of Transfer Services, friendi Pay will not be able to cancel the Payment if the Beneficiary has already received the Receive Amount.

5.7. If friendi Pay is able to cancel the Payment, the Sent Amount will be refunded to your friendi Pay eWallet, however the Charges for processing the Payment or Refund will not be refunded.

5.8. For a Payment made to a Beneficiary’s bank account or eWallet, you acknowledge that the Beneficiary’s bank may levy further charges to the Beneficiary and the Sent Amount may not be the same as stipulated on the Payment Instruction. friendi Pay shall not be responsible for such charges, fees or penalties that may be applied to the Beneficiary’s bank account or the Sent Amount, and such charges will be deducted from the Payment.

5.9. Inbound Payments

5.9.1. You may receive a Receive Amount from a Sender into your friendi Pay eWallet from a friendi Pay eWallet or any other Mobile Wallet in Oman.

5.9.2. As a Beneficiary in an Inbound Payment Transaction, you will receive a Transaction ID and an eReceipt for a Successful Transaction and the Receive Amount will be credited to your friendi Pay eWallet.

friendi Pay eWallet

6.1. You may initiate and execute Transactions related to the Services on your friendi Pay eWallet.

6.2. You will only be able to access the value in your friendi Pay eWallet and issue a Payment Instruction once you have completed the Onboarding Process to our satisfaction.

6.3. You will be required to prefund your friendi Pay eWallet with enough funds to satisfy the Payment Instructions you may issue from time to time. For the avoidance of doubt, for each Payment you will need to make sure that the funds in your friendi Pay eWallet are enough to satisfy Payment Amount in full.

6.4. You may pre-fund your friendi Pay eWallet by using your bank card, transfers from other Mobile Wallets or by any other means that friendi Pay makes available from time to time.

6.5. You will only be able to prefund your friendi Pay eWallet using Omani Riyals as the currency.

6.6. You will have to set out the Payment Amount in the Payment Instruction in Omani Riyals. friendi Pay shall not be held liable for any exchange rate fluctuations that may occur because: (i) a Merchant is using a different currency to friendi Pay; (ii) the Receive Amount is received by Beneficiary outside of Oman in a different currency to Omani Riyals; (iii) a Beneficiary’s bank account is outside of Oman; or (iv) a Beneficiary’s Mobile Wallet is outside of Oman.

6.7. friendi Pay at any given time may set Transaction Limits on your friendi Pay eWallet. Further limits may also be set by the Central Bank of Oman at their sole discretion, which will be beyond our control. We will endeavour to keep you up to date with any such limitations.

6.8. In order to process a Payment, you will send friendi Pay a Payment Instruction using the friendi Pay Channel. The Payment Instruction shall at all times have sufficient Payment Details that you will be prompted to enter on the friendi Pay Channel from time to time.

6.9. friendi Pay may at its discretion decline to process a Payment Instruction if:

6.9.1. friendi Pay reasonably suspects that the Payment is a Fraudulent Transaction;

6.9.2. the Payment Amount exceeds the value in your friendi Pay eWallet or the Transaction Limit;

6.9.3. there is a system outage or any third party system outage;

6.9.4. the Payment Instruction does not contain sufficient or correct Payment Details;

6.9.5. the Payment contravenes Applicable Laws or the provisions of this Agreement; or

6.9.6. in our sole discretion.

6.10. friendi Pay shall notify you in writing if it declines to process a Payment Instruction. For the avoidance of doubt, a Payment can still be declined even after a Payment Instruction has been processed as a result of any of the reasons set out in 6.8 above and friendi Pay shall also advise you of the same in writing.

6.11. friendi Pay shall issue you with an electronic receipt (eReceipt) for each Successful Transaction. Each Successful Transaction will be issued with a unique transaction number (the Transaction ID) that is included in the eReceipt sent to you. You may be required to provide the Transaction ID if you wish to query any Successful Transaction that has been processed on your friendi Pay eWallet.

6.12. You may query the status of a Payment by contacting the friendi Pay Contact Centre.

Merchant Payment Services

7.1. You may purchase Products from Merchants on any Point of Sale using funds that are stored in your e-Wallet (Merchant Payment Services).

7.2. friendi Pay only provides the friendi Pay Channel to facilitate Payment between you and the Merchant. friendi Pay is neither the buyer nor the seller of the Products unless otherwise specified.

7.3. All transactions are therefore solely between you and such Merchant. friendi Pay is not a party to the transactions and shall not be liable in any way in respect of any such transaction.

7.4. friend

7.5. The Merchant is solely responsible for fulfilment of delivery of Products. The Merchant is also responsible to provide an invoice to you for the Products if you require it.

7.6. You always remain a customer of the Merchant, under no circumstances will friendi Pay contact the Merchant on your behalf, including but not limited, obtaining information related to your Payment Instruction or request amendment to any Payment Details.

7.7. Not all Merchants are registered VAT (Value-Added Tax) vendors. Only Merchants who are registered VAT vendors may charge VAT on Products sold and issue a tax invoice in respect thereof. friendi Pay is not required to issue any tax invoice nor is friendi Pay liable in respect of any Merchants who are not registered VAT Merchants.

7.8. All returns of Products for any reason shall be subject to the Merchant’s returns policy. friendi Pay strongly advises that you familiarise yourself with the Merchant’s return policy.

7.9. Should any claim relating to the Products escalate into being a dispute, friendi Pay is not obliged to get involved in such a dispute and any such disputes must be resolved between you and the relevant Merchant alone.

Fraudulent Transactions

8.1. friendi Pay shall use reasonable endeavours and have in place and comply with systems, policies and practices reasonably designed to ensure that any stored value in your friendi Pay eWallet is not accessible to third parties (except where the third-party gains access through use of your Credentials or as a result of you allowing a third party to access your Profile).

8.2. If you suspect that there may have been a Fraudulent Payment that was processed on your friendi Pay eWallet, you agree to contact the friendi Pay Contact Centre immediately to notify friendi Pay of your suspicion (Fraud Notice).

8.3. Following the receipt of a Fraud Notice, or if friendi Pay has reasonable suspicion that there are fraudulent activities that are linked to your friendi Pay eWallet, friendi Pay shall without liability:

8.3.1. suspend your friendi Pay eWallet and all Transactions that are still pending, if possible, to mitigate any loss you may suffer; and

8.3.2. use all reasonable endeavours to investigate the alleged Fraudulent Payment.

8.4. friendi Pay may require additional information from you to determine if there was indeed a Fraudulent Transaction processed on your friendi Pay eWallet and you therefore agree to fully cooperate with friendi Pay in this regard as well as to provide the relevant information when requested.

8.5. After the conclusion of the fraud investigation, friendi Pay will advise you of the outcome in writing. If you do not agree with the friendi Pay findings you may treat the matter as a dispute and follow the dispute resolution mechanism set out in these Terms and Conditions (Governing Laws and Dispute Resolution).

8.6. If friendi Pay’s investigation reveals that there was a Fraudulent Payment, you acknowledge that friendi Pay may be required to report the fraudulent activities to the relevant authorities as may be prescribed by the Applicable Laws.

8.7. If friendi Pay’s investigation reveals that there was not a Fraudulent Payment, then friendi Pay will remove any suspension that may have been applied to your friendi Pay eWallet and will advise you accordingly.

Charges

9.1. friendi Pay shall advise you in writing of all applicable Charges in English and Arabic on the friendi Pay Channels and Services from time to time.

9.2. friendi Pay may update the Charges in our sole discretion without advanced notice to you.

9.3. All Charges are inclusive of VAT and other applicable taxes, unless specified otherwise. You are responsible for any additional taxes or fees imposed by your jurisdiction.

9.4. Prior to processing any Payment, friendi Pay will inform you of the applicable Charges and if you do not accept such Charges, you may cancel proceeding with such Payment. You will not be able to cancel the Payment after a Payment Instruction has been initiated unless as set out in these Terms and Conditions.

Chargebacks

10.1. If, following an appropriate investigation, due to the sole act or omission of friendi Pay:

10.1.1. there is a Transaction that was processed on your friendi Pay eWallet that you did not authorise and can provide sufficient evidence to show that you did not authorise such Transaction;

10.1.2. you have requested the cancellation of Payment within the prescribed period of which we have provided you with written confirmation that such cancellation will be effected and it has not;

10.1.3. a Payment was not executed in accordance with the Payment Instruction; or

10.1.4. if we acknowledge and agree that there is a Fraudulent Payment that was processed on your friendi Pay eWallet;

10.1.5. If the Payment Amount is credited to an incorrect account due to an error on the part of friendi Pay, and the error is identified and reported within 45 Business Days from the date that the eReceipt is issued to you, then friendi Pay shall process a chargeback and return the Payment Amount to your friendi Pay eWallet including fees.

10.1.6. In cases where a Payment was made due to a technical error or system malfunction, including duplicate transactions, and you request a chargeback within 45 Business Days from the date that the eReceipt is issued to you, friendi Pay shall use reasonable efforts to process the chargeback, provided that sufficient evidence of the technical error or system malfunction is provided.

10.1.7. In cases where remittances do not go through due to diverse reasons or if our remittances partner does not allow the transaction for their own reasons, we will refund the full amount, including any fees, within 45 days of identifying the issue.

then, friendi Pay shall process a chargeback and return the Payment Amount to your friendi Pay eWallet (Chargeback).

10.2. You acknowledge that you are required by Applicable Laws to, and will, report to friendi Pay any unauthorised or incorrectly executed Payment within 45 Business Days from the date that the eReceipt is issued to you. If you do not, then friendi Pay will use its reasonable efforts, but is under no obligation to resolve the problem.

Refunds

11.1. All Refund requests must be accompanied by the original transaction details, including the transaction ID, date of transaction, and the amount paid. friendi Pay reserves the right to reject any Refund requests that do not provide sufficient evidence or are not reported within the specified timeframes.

11.2. friendi Pay shall use reasonable efforts but cannot guarantee to process a request for a Refund if:

11.2.1. a Merchant requests that friendi Pay process a Refund through the appropriate channels because there is a dispute between you and such Merchant relating to a Product;

11.2.2. there is an error in the Payment Details that you provided that resulted in friendi Pay processing a Transaction and you require the Transaction cancelled; or

11.2.3. you wish to cancel the Transaction for any other reason besides those set out in clause 10 above.

11.3. You acknowledge and agree that we cannot guarantee you will receive a Refund for any local Payment and we are not responsible for processing any Refunds on behalf of a Merchant.

11.4. You acknowledge that, unless stated otherwise in the Terms and Conditions, any Refunds processed under this clause shall not include a refund of any Charges you have paid as a result of initiating the Transaction or requesting the Refund.

Disclaimer

12.1. The Services are provided on an ‘as is’ basis. We make no representations or provide any warranties, whether express or implied, in relation to:

12.1.1. the proper performance, error free, complete, timely or uninterrupted use of Services via the friendi Pay Channels;

12.1.2. the information or files available on the friendi Pay Channels.

12.1.3. the friendi Pay Channels being free from any Virus or destructive material or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way;

12.1.4. the accuracy of the information/images and the reliability of the data on the friendi Pay Channels; and

12.1.5. the availability or accuracy of the Services, content and/or information offered on the friendi Pay Channels.

12.2. friendi Pay and its Affiliates disclaim liability to the fullest extent permitted by Applicable Laws for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the friendi Pay Channels and/or any Service unless otherwise provided by Applicable Laws.

12.3. Any views or statements made or expressed on the friendi Pay Channels or in any Third Party Content are not necessarily the views of friendi Pay, its directors, employees and/or agents.

Third Party Content/ Platforms

13.1. Third party information such as but not limited to, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the friendi Pay Channels (Third Party Content). The provision of Third Party Content is for general informational purposes only.

13.2. All Third Party Content is provided on an ‘as is’ basis. friendi Pay does not own nor has any right, title or interest to any such Third Party Content. We do not provide any guarantee or make any representations with regards to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. We shall not be held liable for any loss suffered by you in any way whatsoever based on your reliance on or use of such Third Party Content.

13.3. The friendi Pay Channels may contain links or references to other websites or online platforms (Third Party Platforms) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Platforms and friendi Pay is not responsible, nor does it provide any warranties, representations or undertakings for the services, products, practices and/or policies Third Party Platform offer and use.

13.4. In the event any Third Party Content contains links to Third Party Platforms, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. friendi Pay makes no warranty or representation regarding any website linked to the friendi Pay Channels or the information appearing thereon or any of the products or services described thereon.

Intellectual Property Rights

14.1. We own all right, title and interest in the Intellectual Property Rights in the friendi Pay Channels, the friendi Pay eWallet and the Services.

14.2. You will not acquire any right, title or interest in or to the friendi Pay Channels, the friendi Pay eWallet, the Services or our Intellectual Property Rights.

14.3. Any use, distribution or reproduction of the Intellectual Property Rights is prohibited unless expressly authorised in terms of this Agreement or otherwise provided for in Applicable Laws.

14.4. Where any of the Intellectual Property Rights has been licensed to friendi Pay or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

Indemnification

15.1. To the full extent permitted by Applicable Laws, you indemnify and hold friendi Pay harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages which arises directly or indirectly out of a breach of the terms of this Agreement by you or arising out of or in connection with the failure or delay by friendi Pay in the performance of the Services or your use of the Services, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, or the use of the Services.

15.2. Without affecting the generality of 15.1 above, friendi Pay shall not be liable to you for any breach of this Agreement, failure to perform any obligations as a result of technical problems relating to its network, termination of any licence to operate or use the network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond friendi Pay’s control.

15.3. You hereby indemnify friendi Pay and its directors and personnel against any loss or damages that they may suffer as a result of any third party claims or its own loss resulting from your use of the friendi Pay Channels and any fraudulent activities that you may be involved with using your friendi Pay eWallet.

15.4. You hereby authorise friendi Pay to deduct any and all funds that are available in your friendi Pay eWallet in order to satisfy any claim from friendi Pay and/or third party if so directed by a court of law or by any competent regulatory authority in accordance with Applicable Laws. This is without prejudice to other rights and remedies friendi Pay may have under the Agreement or otherwise, including its right to initiate such criminal or civil proceedings it may deem appropriate against you.

Limitation of Liability

16.1. To the fullest extent permitted by Applicable Laws, friendi Pay shall not be held liable for:

16.1.1. any inaccurate information published on the friendi Pay Channels including incorrect prices, save where such liability arises from the gross negligence or wilful misconduct of friendi Pay, its employees, agents or authorised representatives.

16.1.2. any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the friendi Pay Channels or the Services contained in the friendi Pay Channels;

16.1.3. your inability to use the friendi Pay Channels, and/or unlawful activity on the friendi Pay Channels;

16.1.4. any loss that you may suffer as a result of you providing information that is not true;

16.1.5. any losses you suffer or costs you incur because any device (including your Mobile Device), hardware or software you use in connection with the friendi Pay Channels is damaged, corrupted, hacked or fails to work;

16.1.6. misdirected payment due to any error;

16.1.7. any Fraudulent Transaction;

16.1.8. inaccurate Payment Details;

16.1.9. inability to process or decision not to process any Refund; or

16.1.10. our breach of this Agreement.

16.2. You irrevocably and unconditionally accept responsibility and liability for any and all Transactions and Payment arising from the use of the friendi Pay Channels without limitation.

16.3. To the maximum extent permitted under Applicable Laws your sole and exclusive remedy for our breach of this Agreement, or the failure to provide the Services is to terminate this Agreement or discontinue using the friendi Pay Channels and/or Services.

16.4. To the maximum extent permitted under Applicable Laws, the total liability of friendi Pay under or in connection with a Payment in connection with the friendi Pay eWallet shall be limited to the value of that Payment.

16.5. Nothing in this clause 16 or elsewhere in this Agreement shall operate to limit or exclude liability of either party which cannot be limited or excluded under Applicable Laws.

16.6. The provisions of this clause 16 shall survive the termination of the Agreement.

Termination and Variation

17.1. friendi Pay may, at any time, without any liability:

17.1.1. block, restrict and/or suspend your use of your Profile and/or the Services or delete your Profile without notice; and/or

17.1.2. terminate this Agreement immediately effective on notice provided through the friendi Pay Channels, in each case for any reason or no reason.

17.2. You may terminate the Agreement and related Services at any time for convenience by immediately discontinuing your use of the Services and/ or friendi Pay Channels and/or contacting the friendi Pay Contact Centre.

17.3. If you lose access to your Profile or your mobile number is assigned to another user, friendi Pay may suspend your Profile and access to Services. You may reactivate your Profile by contacting the friendi Pay Contact Centre and providing your valid original identity documentation, mobile number and any other information deemed necessary by friendi Pay.

17.4. friendi Pay reserves the right to amend this Agreement as and when friendi Pay deems necessary or is required to do so by Applicable Laws and these changes shall be effective immediately and will be made with reasonable prior notice. Such notice will be sent to the customer via a push notification and/or SMS message.

17.5. If your friendi Pay eWallet is terminated or suspended indefinitely because of breach of Applicable Laws, the following conditions will apply:

17.5.1. Any funds remaining in the friendi Pay eWallet at the time of termination or suspension may be subject to forfeiture.

17.5.2. You will be notified of the termination or suspension and the reasons for such action. You will have the right to dispute the forfeiture of funds by providing evidence that no breach of Applicable Laws has occurred.

17.5.3. Upon receiving your dispute, we will conduct a thorough review of the circumstances surrounding the termination or suspension. If it is determined that the breach of Applicable Laws did not occur, or if the breach is rectified to our satisfaction, the forfeited funds may be returned to you.

17.5.4. The decision to return forfeited funds will be at our sole discretion, based on the outcome of the review process. By accepting these Terms and Conditions, you acknowledge and agree to the process and potential outcomes outlined in this clause.

17.6. If your friendi Pay eWallet is terminated for any other reason than as set out in clause 17.5, then you will be required to redeem or withdraw all of the funds in your friendi Pay eWallet as soon as reasonably practicable and in any event within 2 years of termination (or such later date as may be determined by any guidelines issued by the Central Bank of Oman).

Dormant or inoperative eWallets

18.1. If you do not make any Transaction on your friendi Pay eWallet for 12 consecutive months or for any other duration deemed by friendi Pay (in our sole discretion) as an appropriate period, your friendi Pay eWallet shall be automatically classified as “inoperative” and surpassing further 12 months shall be classified as “dormant eWallet”. The eWallet holder shall be able to operate the eWallet only after providing friendi Pay with a written request for the same.

18.2. If you do not accept any change to the Terms and Conditions, you may immediately stop using the friendi Pay Channels and/or Service.

18.3. You may visit the friendi Pay Channels regularly to access and read updates and/or changes to the Terms and Conditions.

Communication with friendi Pay

19.1. If you do not make any Transaction on your friendi Pay eWallet for 12 consecutive months or for any other duration deemed by friendi Pay (in our sole discretion) as an appropriate period, your friendi Pay eWallet shall be automatically classified as “inoperative” and surpassing further 12 months shall be classified as “dormant eWallet”. The eWallet holder shall be able to operate the eWallet only after providing friendi Pay with a written request for the same.

19.2. If you do not accept any change to the Terms and Conditions, you may immediately stop using the friendi Pay Channels and/or Service.

Waiver

20.1. You acknowledge that in entering into this Agreement you have not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Agreement) made earlier by or on behalf of friendi Pay. You hereby waive all rights and remedies which, but for this clause 19.1, might otherwise be available to you in respect of any such representation, warranty, collateral contract or other assurance.

20.2. You agree that no failure or delay by friendi Pay to enforce, or exercise, or any partial, single or defective exercise or enforcement or, any right, remedy, power or privilege given to friendi Pay pursuant to this Agreement shall constitute a waiver or partial waiver of any such right, remedy, power or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power or privilege at any subsequent time.

Governing Laws and Dispute Resolution

21.1. The governing law of this Agreement is Omani law. The parties agree that any dispute arising under this Agreement, relating to any matter whatsoever concerning this Agreement, including, but not limited to, the formation of the Agreement itself, shall be determined by way of an arbitration governed by RD 47/1997, as amended.

21.2. Before initiating arbitration, consumers must first use the following mechanisms to raise and resolve disputes:

Consumers are encouraged to contact our customer support team to file a complaint. The contact information for filing complaints is as follows:

Email: [email protected]

Phone: +968-79-525252

b. We will acknowledge receipt of your complaint within 2business days and aim to provide a resolution within 10 business days.

c. If you are not satisfied with the initial response, you may escalate the complaint to the Compliance Team at [email protected].

d. If the complaint remains unresolved, we may offer mediation services to facilitate a fair and amicable resolution before proceeding to arbitration.

21.3. If the dispute cannot be resolved through the mechanisms outlined in Section 21.2, the matter shall be determined by arbitration. The number of arbitrators shall be three.

21.2. The seat of the arbitration shall be Muscat, Oman.

21.3. The language of the arbitration shall be English.

21.4. The arbitration will not commence until the first procedural order is issued.

21.5. Subject to the approval of the Tribunal, the parties agree that, where possible, any arbitration should be conducted without the need for witness testimony, standard disclosure or final hearing. Instead, should an arbitration be capable of being determined on the papers then the parties agree to adopt such an approach.

21.6. The parties shall bear the costs of the arbitration equally whilst the arbitration is ongoing. In the event that the respondent refuses to pay its share of arbitration costs, it will forfeit its right to advance a defence or counterclaim.

21.7. The parties agree to empower arbitral tribunals to determine which party shall pay arbitration costs as defined by RD 47/1997, as amended, as well as the legal fees of the arbitration (including, but not limited to, fees of advocates, law firms and legal representatives) at the end of the arbitration within the award.

CONTENT SHARING TERMS AND CONDITIONS

1.Introduction

1.1. These Content Sharing Terms and Conditions (Agreement) will apply to your use of our Content Services and form an integral part of our Terms and Conditions.

1.2. By using our Content Services, you agree to be bound by the Agreement and you undertake that you have read, understood the terms set out in the Agreement. If you do not agree with any part of the Agreement, you must discontinue using the Content Services.

1.3. Access to and use of our Content Services is conditional on acceptance of this Agreement. If you do not agree with these additional terms and conditions, you must immediately discontinue access to and use of the Content Services. By accessing or using the Content Services, you agree to be bound by this Agreement, which may change from time to time at our absolute discretion without prior notice.

2.friendi Pay Channels Content Sharing

friendi Pay Channels allow you to send content, including but not limited to text messages, emojis, pictures, videos and voice notes (Content), to accompany Transactions on the friendi Pay Channels (Content Services).

3.Automatic Opt-In

3.1. You will automatically be opted-in to the Content Services on the friendi Pay Channels.

3.2. Should you wish to opt-out of the Content Service, locate your "Profile" icon and tap on it. Within the "Hamburger" menu choose "Profile" then "Update Profile" and then toggle the "Restrict Multimedia" option. The system will then automatically block all multimedia sent by Senders in the future.

3.3. Anyone who has opted into the Content Services shall be a User for the purposes of these terms and conditions.

3.4. Anyone who is sending out Content shall be a Sender for the purposes of these terms and conditions.

4.Size and Quality of Content

4.1. The maximum file size for any Content is 10MB. Once a Sender uploads the audio/video, we will check the Content properties. If your Content exceeds 10MB or the voice note messages or videos exceed 10 seconds, it will not be transmitted via the Content Services. In the event that we are unable to send the Content, you will be notified via the following pop-up "Your file exceeds the maximum size limit of 10MB. Please upload a smaller file".

4.2. Users are responsible for ensuring the quality of their Content, including frame rate and resolution. Content size can be ensured through its size property, it must be within the 10MB limit. Frame rate and resolution are all mobile native features, friendi Pay Channels will not modify the quality of the Content. Since the Content Services are friendi Pay-to-friendi Pay, transaction speed remains unaffected by the shared Content.

5.Content Delivery and Availability

5.1. If you conclude a transaction through friendi Pay Channels and opt to send Content with such transaction, the recipient of such Content (Content Recipient) will receive an SMS/email confirmation for a successful funds transfer. Upon reviewing the transaction details in the friendi Pay App, you can view any attached Content in its original size.

5.2. A Content Recipient will have twenty-four (24) hours from the time of receipt of the notification to view the Content. After 24 hours, the Content will be automatically deleted from the friendi Pay Channels. Once a Recipient has viewed the Content, the Recipient will have one (1) hour to save it from the time of viewing the Content to their mobile device. After an hour, the Content will be automatically deleted from the friendi Pay Channels.

6.Content Restrictions

6.1. You must not and you confirm that you will not transmit any Content that:

contravenes any applicable laws;

b. contains inappropriate language (including but not limited to profanities);

c. is harmful, threatening, abusive or constitutes harassment or contains violence;

d. is defamatory, vulgar, obscene or adult in any way;

e. is libelous;

f. invades an individual’s privacy;

g. is hateful, derogatory or racially or ethnically objectionable;

h. in any way contravenes decency norms in the Sultanate of Oman;

i. infringes on any intellectual property right of any other person or entity, including, but not limited to, copyrights or trademarks;

j. contains any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," or any other form of solicitation;

k. contains any software viruses, worms, Trojan horses, or other harmful code; or

l. impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.

6.2. If you breach clause 6. in any way:

6.2.1. we may immediately suspend, restrict or terminate use of your Profile, the Content Services and/or the Services or delete your Profile without notice; and/or

6.2.2. we may also be required to alert the relevant authorities which we will do without any notice.

7.Prohibited Use

7.1. You must not and you confirm that you will not, directly or indirectly, use the Content Services for any of the following reasons:

harassment, intimidation or bullying of others;

b. promoting violence or the exploitation of children;

c. violating, misappropriating or infringing the rights of others;

d. inflicting harm on other users;

e. publishing falsehoods, misrepresentations or misleading statements;

f. impersonating another person;

g. sending unsolicited or unauthorised content, including but not limited to advertising or promotional materials;

h. send or transmit viruses or other harmful code;

i. engaging in any illegal or fraudulent activity;

j. violating any law, rule or regulation;

k. interfering with or disrupting the operation of the Content Services, the Service or the friendi Pay Channels; or

l. attempting to gain unauthorised access to the Content Services, the Service, the friendi Pay Channels or any part thereof.

7.2. As a recipient of Content through the Content Services, you must not, directly or indirectly, access, use copy, adapt, modify prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit the intellectual property rights of the Content which you receive.

8.Blocking Users

8.1. A User can block anyone from sending Content to them at any time. When you receive Content and you wish to block the Sender, when reviewing the Content navigate to the “Block User” Button. The system will automatically block all multimedia sent by the blocked Sender in the future.

9.Content Review

9.1. We are committed to providing a safe and secure platform to exchange Content through the friendi Pay Channels. To ensure a positive user experience, we have established the following Content moderation process that includes Automated Filtering, Manual Review and Customer Reporting outlining the criteria for accepting or blocking shared Content.

9.1.1. Automated Filtering - we use automated filtering technology to scan all shared Content for inappropriate material, including but not limited to explicit images, hate speech, violence, and illegal activities.

9.1.2. Manual Review - Content flagged by the automated filtering system will undergo manual review by our moderation team to make final decisions on whether such Content will be accepted or blocked. In addition, friendi Pay staff will make random manual checks on Content at varying times throughout the working day.

9.1.3. Customer Reporting - Our Users have the option to report any Content they find objectionable and such Content will then be promptly reviewed by our moderation team (Please see more details on how to report in Clause 10 below).

9.2. In cases where Content is blocked, the Sender will be notified of the reason for the rejection and guidelines on acceptable Content.

9.3. Users have the right to appeal any content moderation decision by contacting our customer support team via email for further review. Please contact as at: [email protected]

10.Reporting

10.1. Users have the ability to report Content which they consider to be in breach of this Agreement. The report button is available on the screen when you view Content in the app. If you choose to report Content that you have received simply click the button.

10.2. We will review any Content reported to us pursuant to clause 9.2 or 10.1 above and whether or not it breaches the terms of this Agreement.

10.3. You agree not to misuse any reporting channels, such as by submitting fraudulent or groundless reports.

11.Compliance and Legal Requests

11.1. You acknowledge that we may be required, from time to time, to comply with requests from law enforcement and other requests from other governmental bodies or agencies for retrieval of Content.

These terms and conditions (Terms and Conditions) will apply to your use of our Services. The Terms and Conditions, Privacy Policy, Cookies Policy, Content Sharing Terms and Conditions in Schedule 1 and any other policies that we may provide to you from time to time comprises the agreement between Payments Arabia SPC (us, we, our, friendi Pay) and you (you, your) (Agreement).

By using our Services, you agree to be bound by the Agreement and you undertake that you have read, understood the terms set out in the Agreement. If you do not agree with any part of the Agreement, you must discontinue using the Services.

Access to and use of our Services is conditional on acceptance of this Agreement. If you do not agree with these Terms and Conditions, you must immediately discontinue access to and use of the Services. By accessing or using the Services, you agree to be bound by this Agreement, which may change from time to time at our absolute discretion without prior notice.

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