TERMS AND CONDITIONS

Kamelpay is a financial technology company, not a Bank. Banking services are provided by Ajman Bank.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CARD OR THE APPLICATION

1. What’s in these terms?
1.1 HAQ Kamel Pay Services LLC (“We”, “us” or “our”) provides corporate payments solutions. This document sets out the terms and conditions, including the Cardholder terms and conditions and Application terms and conditions (“Terms”) that apply to our application (the “Application”) and to the use of the Mastercard debit card (“the Card”) by an individual whose employer engages us (“you” or “your”). The Card is issued by Ajman Bank PJSC (the “Issuer”).
1.2 These Terms form an agreement and will apply between you and us.

2. Who we are and how to contact us
2.1 We are a limited liability company registered in the United Arab Emirates (“UAE”) with commercial license number 883755 issued by the Department of Economic Development, Government of Dubai, UAE and have our registered office at 1901, Opal Tower, Burj Khalifa Street, Business Bay, Dubai, UAE.
2.2 To contact us, please email info@kamelpay.com or phone (+971) 4 562 3700. Please note that calls may be monitored and/or recorded.

3. By using the Card and our Application you accept these Terms
3.1 By using the Card and/or our Application, you accept these Terms and agree that you comply with them. If you do not agree to these Terms, you must not use the Card or our Application. We recommend that you print a copy of these Terms for future reference.
3.2 You are also responsible for ensuring that all persons who access our Application through your internet connection are aware of these Terms and other applicable Terms, and that they comply with them.

4. There are other terms that may apply to you
These Terms refer to our Privacy Policy https://kamelpay.com/privacy-policy/.

5. We may make changes to these Terms
We amend these Terms from time to time. These Terms were most recently updated on 17 January 2022. We will publish amended Terms on the Application and our website www.kamelpay.com, and the Terms you read here are the latest version published by us.

6. We may transfer our rights and obligations to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.

7. Acts beyond our control
To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential), nor be at fault under these Terms, for failure to observe or perform any of our obligations for any reason or cause which could not, with reasonable diligence, be controlled or prevented by us, or which were outside our reasonable control. These causes include, but are not limited to acts of God, acts of nature, acts or omissions of governments or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failure, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

8. Which country’s laws apply to these Terms and any disputes?
8.1 You should note that these Terms, their subject matter and their formation, are governed by the laws of the Emirate of Dubai and the Federal laws of the UAE. You and us both agree that the courts of Dubai will have exclusive jurisdiction over any disputes. This Paragraph shall not however prejudice the rights of the Issuer to bring proceedings against you in any other jurisdiction.
8.2 Any reference to “Applicable Laws and Regulations” shall be a reference to the laws of the Emirate of Dubai and the Federal laws of the UAE as are in force from time to time.

9. Cardholder terms and conditions
9.1 You understand and agree that the issuance of the Card is subject to you complying with these Terms.
9.2 You have authorised your employer, or any company that you have worked for owing money to you, to deposit your salary, compensation, commissions, incentives, expense reimbursement payments and net of authorised deductions (“Payment”) into your card account, which is the record we maintain to account for funds that are available to you through the Card (“Account”).
9.3 You understand that we may share limited information of your Account with your employer to deposit Payments into the Account
9.4 You understand that the Card is non-transferrable and that we may cancel, repossess or revoke the Card at any time without prior notice subject to the Applicable Laws and Regulations and any applicable guidelines provided to you by your employer.
9.5 You must provide all information which we reasonably require in order to comply with Applicable Laws and Regulations or laws and regulations of any other country.

10. Information about the Card
10.1 The Card is a debit card that can be used by you to make purchases or payments or carry out transactions using funds in your Account. The Card is not a credit or charge card and there is no credit line associated with the Card. Your Account is linked with the Card and carries no privileges except as stated in the Terms.
10.2 The currency of the Account and the Card is United Arab Dirhams (“AED”) and transactions in alternative currencies will be converted to AED. Conversion rates and any charges notified to you by the Issuer shall apply.
10.3 The Card will be valid for five (5) years as shown on the front of the Card. Following the expiry date, the Card will no longer work but a replacement Card may be issued at the request of your employer and the balance on your previous Card transferred to your new Card.

11. Setting up the Card
You will receive one personalised Card. After we have verified your identity documents, the PIN number for your Card will be provided to you through a secure method. You must keep this PIN number secure. The PIN number can be changed at the Issuer’s automated teller machine (“ATM”) or through the Application. You must sign the signature column on the back of the Card upon receipt of the Card before your Card is ready for use.

12. Using the Card
12.1 Payments that are transferred from your employer or any company that you have worked for owing money to you, either through the UAE Wage Protection System (“WPS”) or other approved payment systems as applicable, can be credited to your Account. You understand that you can use the Card to access funds in your Account from time to time by using an ATM, the Application (as set out in the Application terms and conditions) or at point of sale terminals at which Mastercard is accepted.
12.2 You agree that we have no obligation to monitor, review or evaluate the legality of your Card transactions. Furthermore, you acknowledge that the Card may not be used to purchase goods or services that are illegal or that a merchant is not permitted to supply and that it is your responsibility to determine the legality of each transaction.
12.3 You understand that the Card may not be accepted at such merchants which are not in compliance with the Issuer’s internal policies or Shari’a requirements as determined at the Issuer’s sole discretion. You agree not to use the Card for accessing or purchasing goods from adult or gambling locations or internet sites or for any non-Shari’a compliant activity, goods and services or for any other activities for which you are prohibited to use the Card for under Applicable Laws and Regulations or under any employer guidelines as notified to you from time to time. You understand that merchants may charge additional fees for your use of the Card to purchase goods or services and to enable us to approve transactions.
12.4 Cash withdrawals and balance enquiries can be made at ATMs with the UAE switch or Mastercard logo. Cash withdrawal and balance enquiries from the Issuer’s ATMs are free, however charges may apply to withdrawals obtained or enquiries made at alternative banks. You should note that if an ATM displays a balance for your funds in a currency other than AED, the exchange rate applied may be different to that which applies to the Card.
12.5 You are required to keep the Card and any details on the Card safe. The Card should be for personal use only and any misuse by a third party will be at your risk. You also agree to keep the mobile phone, the number for which is linked to your Account, safe as we will use this as a way to verify that you are the owner of the Card for transactional approval and other services. You are responsible for keeping the mobile number up to date in our records in case of any change to the number.

13. Loss, theft, damage or misuse of the Card
13.1 If your Card is lost, stolen, damaged or misused, you should contact our customer service centre at (+971) 4 562 3700 (please note that calls may be monitored and/or recorded). We will then assist you in blocking the Card and replacing it with a new Card. You may incur admin fees associated with the reissuing of the Card which we shall notify you of upon you requesting a new Card.
13.2 The balance in your Account when the card is lost or stolen, will be transferred to the new Card however you may be liable for transactions that you did not authorise, that were incurred before we cancelled your original Card.

14. Ownership of the Card
14.1 You should return or immediately destroy the Card when it has expired or if required by us pursuant to Paragraph 13.
14.2 You agree that we may delay, block or refuse to process any transaction, including having the right to deactivate your card, without incurring liability if we suspect that a transaction:
  14.2.1 may breach any Applicable Laws and Regulations, or any laws and regulations in any other country;
  14.2.2 involves any sanctioned person (natural, corporate and governmental) under economic and trade sanctions imposed by the United Nations, the European Union, the UAE or any country;
  14.2.3 may directly or indirectly be applied for the purposes of, unlawful conduct; or
  14.2.4 for any other valid and legal reasons.

15. Liability and Error Resolution Procedures
15.1 You agree that we are not liable:
  15.1.1 for any prohibited use or misuse of the Card whatsoever;
  15.1.2 for any failed transaction if you do not have sufficient funds stored in your Account to carry out a transaction, if the ATM or point of sale terminal is not working or in circumstances beyond our control that prevent the transaction;
  15.1.3 for any non-acceptance of the Card;
  15.1.4 if there is a discrepancy, complaint or dispute related to the goods or services purchased or leased with a Card. You must address such circumstances and settle them directly with the merchant in question. Refunds and returns are subject to the merchant’s policies or Applicable Laws and Regulations; and/or
  15.1.5 if any merchant authorises an amount greater than the purchase amount to be paid on your Card.
15.2 Your employer or any company that you have worked for owing money to you, is responsible for full and timely Payments in accordance with Applicable Laws and Regulations. You acknowledge and agree that any claims or discrepancies arising from the Payments shall be addressed exclusively with the employer or company that you have worked for owing money to you. You further acknowledge and agree that neither we nor the Issuer are liable in any way for any claims in respect thereof. If your employer mistakenly makes a Payment into your Account to which you are not entitled, we may deduct all or part of those funds from your Account and are not required to give you notice before these funds are removed.
15.3 The Payments made into your Account may be subject to garnishment, attachments, levies, freezing orders, court orders or other administrative or legal processes. We are required to comply with any administrative or legal requests we receive in connection with your Account. You agree to indemnify us and hold us harmless against any claims arising as a result of our compliance with any such administrative or legal requests.
15.4 To the extent permitted by law, you indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us directly or indirectly because you:
  15.4.1 did not observe any obligations hereunder; or 15.4.2 acted negligently or fraudulently in connection with these Terms.

16. Return of funds from your Account
16.1 Any funds available in your Account may be returned to your employer:
  16.1.1 if you have requested and received equivalent salary funds available in your Account from your employer upon termination of employment or through a cash advance in any emergency situation; or
  16.1.2 if the funds in the Account were given to you by your employer for company related expenses or non-personal use.

17 Changes to the services
We may from time to time take such actions and/or make such changes as we reasonably consider to be necessary for the purpose of protecting electronic funds from misuse, fraud prevention, overcoming operational difficulties, complying with Applicable Laws and Regulations (in particular, WPS, UAE Central Bank and/or Ministry of Labour rules and regulations), or improving the efficiency and general performance of the Cards. This may include changing the daily ATM cash withdrawal limits, cancelling the Card and refunding the balance, declining to authorise transactions, suspending or restricting all or part of the operation of the Card or instructing a merchant to retain the Card.

18. Application Terms and Conditions
18.1 You understand and agree that your use of the Application is subject to you agreeing to and complying with these Terms. Should you at any time whilst using the Application, no longer agree with these Terms, you should stop using the Application and delete it immediately.
18.2 Our Application is directed to people residing in the UAE and we do not represent that content available on or through our Application is appropriate for use in other locations. You may however use the Application when travelling or abroad from time to time.

19. Your access to the Application
19.1 You are entitled to access the Application through your Apple iOS or Android personal devices including mobile phones, smart devices, tablets, laptops and computers. You will be assumed to have obtained permission to download and use the Application from the owner of the personal device that you use to access the Application, if you do not use your own.
19.2 From time to time, updates to the Application may be issued through the Apple App Store or Google Play Store. Depending on the update, you may not be able to use the Application until you have downloaded or streamed the latest version of the Application.
19.3 By using the Application, you consent to us collecting and using technical information about the personal device that you use and related software, hardware and peripherals where use of the Application is internet-based or wireless, to improve our Application and your use of it.
19.4 We are not responsible for any data usage, roaming or other charges you incur when accessing the internet through your personal or other device.
19.5 We may suspend, restrict or end your access to the Application where:
  19.5.1 we reasonably believe that your security details have not been kept safe;   19.5.2 we reasonably suspect that your security details have been used fraudulently or without your permission;   19.5.3 we believe it is appropriate in order to protect your account; and/or   19.5.4 you have acted in breach of any of these Terms.

20 You must keep your account details safe
20.1 If you choose, or you are provided with, security details to access the Application, you must treat such information as confidential. You must not disclose this information to any third party. We will not be responsible if you share any of your security details to access the Application with a third party and suffer loss or damage as a result.
20.2 If you know or suspect that anyone other than you knows your security details, you must promptly notify us at info@kamelpay.com.

21. Services provided through the Application
21.1 You will have access to the following services when using the Application:
• create and manage your profile;
• set and change the PIN number for your Card;
• track your balance and view your statements; and
• make payments including remittances, bill payments or top-ups.
21.2 You will be able to make payments through the Application that will be made using the funds in your Account. Any payments made from your Account through the Application will need to be authorised by you. Your Account balance will reflect any payments made using the Application.
21.3 We reserve the right to change the services provided through the Application.
21.4 The addition of services available on the Application, including financial and non-financial services, features and products, will be at our sole discretion.
21.5 Our Application is made available to you free of charge, however fees may be incurred by you for various services provided on the Application including, but not limited to, subscription fees, transaction fees and statement download fees. You will be notified of any fees that you will incur for such services when using the Application where fees are incurred. These fees will be deducted from your Account.

22. How you may use material on our Application
22.1 We are the owner or the licensee of all intellectual property rights in our Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you a non-exclusive licence to use the Application on yours (or others’) personal devices subject to these Terms and the Privacy Policy [Note to Kamel Pay: Link the words ‘Privacy Policy’ to the privacy policy].
22.2 You agree:
  22.2.1 not to copy the Application except where such copying is incidental to normal use of the Application or where it is necessary for the purpose of back-up or operational security;
  22.2.2 not to rent, sub-license, loan, translate, merge, adapt, vary or modify the Application;   22.2.3 not to make alterations to, or modifications of the Application or any part of it;
  22.2.4 not to disassemble, decompile, reverse-engineer or create derivate works based on the Application;
  22.2.5 not to use any part of the content of the Application for commercial purposes without obtaining a licence from us; and
  22.2.6 to acknowledge our status as the authors of content on our Application on copies of the Application on any medium.
22.3 If you, by act or omission, breach any of these Terms relating to the material on our Application, your right to use our Application will cease immediately and you must, at our option, return or destroy any offending copies of the Application.

23. Third-party website links
There may be links to third-party websites on our Application; such third-party sites are not under our control and we are not responsible for and do not endorse their content or their privacy policies. You will be responsible for making your own independent judgement regarding your use of third-party sites.

24. No text or data mining, or web scraping
24.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Application or any services provided when using, or in relation to, our Application. This includes using (or permitting, authorising or attempting the use of):
  24.1.1 any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Application or any data, content, information or services accessed via the Application; and
  24.1.2 any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. This Paragraph shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the Applicable Laws and Regulations.
24.2 This Application, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the UAE. You may be able to access, view or make use of this Application and any related content and services outside of the UAE, however we do not guarantee and shall not be responsible for any such use of the Application by you outside of the UAE.

25. Do not rely on information on this Application
Although we make reasonable efforts to update and ensure the accuracy of the information on our Application, we make no representations, warranties or guarantees, whether express or implied, that the content on our application is accurate, complete or up to date. If you have any concerns regarding the information set out regarding your Account, provided to you when using the Application, please call us (+971) 4 562 3700 or email info@kamelpay.com.

26. Our responsibility for loss or damage suffered by you
26.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
26.2 The Application is provided “AS IS” and “AS AVAILABLE”. We disclaim all warranties, express, implied or statutory, including the implied warranties of merchantability, fitness for purpose and non-infringement. In no way do we warrant the quality, suitability or availability of the Application or that the Application is uninterrupted or error-free. You agree that the entire risk arising out of your use of the Application remains solely with you to the maximum extent permitted under Applicable Laws and Regulations.
26.3 We expressly disclaim liability arising from the unauthorised use of your Account. In the case that you suspect unauthorised use of your Account, you agree to notify us immediately.
26.4 You agree to waive any and all rights to hold us, the Issuer and any of our approved partners responsible for any mistake or omission caused by the use of the Application and for any delays beyond our reasonable control in processing transactions.
26.5 Please note that we only provide our Application for domestic and private use. You agree not to use our Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
26.6 You agree to indemnify us:
  26.6.1 for any erroneous financial transactions performed through the Card or the Application arising out of any inaccurate information provided by you as part of processing the relevant transaction;
  26.6.2 against all claims, costs, damages, expenses (including legal fees) incurred by us arising out of and/or in connection with any breach by you of any of these Terms, including any use of the Application other than in accordance with these Terms; and
  26.6.3 and the Issuer, against all losses, liabilities or damages which may occur as a result of unauthorised access by any individual or party in the event of your secure information becoming known to another individual or a third party.

27. How we may use your personal information
We will only use your personal information as set out in our https://kamelpay.com/privacy-policy/.

28. We are not responsible for viruses and you must not introduce them
28.1 While we use reasonable efforts to ensure that the Application is free from viruses and other malicious content, we do not guarantee that our Application will be secure or free from bugs or viruses nor do we assume responsibility for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to the Application.
28.2 You are responsible for configuring your information technology, computer programmes and platform to access our Application and should use your own virus protection software. We will not be liable for any loss or damage in the event that your device is compromised.
28.3 You must not misuse our Application by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Application, the server on which our Application is stored or any server, computer or database connected to our Application. You must not attack our Application via a denial-of-service attack or a distributed denial-of-service attack. We will report any breaches of this Paragraph to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.

29. We may make changes to our Application
We may update and change our Application from time to time to reflect changes to our services, your needs and our business priorities, without notice to you.

30. We may suspend or withdraw our Application
We do not guarantee that our Application, or any content on it, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Application for business and operational reasons at any time. We will try to give you reasonable notice of any suspension or withdrawal of the Application.

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