Terms and Conditions

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 - the service provider"Updates:

Moyasar has the right to update and amend the terms and conditions by publishing the updates and changes on its website, provided that the client/merchant is notified via a text message to their mobile phone registered with the financial institution at least 30 days prior to the effective date of such changes. The client/merchant may object if they do not agree after receiving the notification through the communication channels approved by Moyasar

You also acknowledge and agree that your use of the services after such amendments shall constitute your acceptance and approval of them.

Article Four - Liability of the service provider:

Moyasar shall exert its best efforts to ensure the continuity, accuracy, and integrity of the payment services provided to customers.

In the event of any malfunction or technical failure affecting the execution of transactions, the Payment Service Provider shall promptly address the issue once its cause has been identified.

However, Moyasar liability shall be limited to cases where the error results from gross negligence or willful misconduct on its part, and shall not extend to failures beyond its control or those caused by third parties, technical issues, or unforeseen circumstances that cannot be reasonably prevented.

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.

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.

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

By entering into this agreement, you acknowledge and agree to release The Service Provider, 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 Service Provider Account.

Article Five - Obligations of the Merchant:

You are 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.

You are committed to the "PCI-DSS" security standards and requirements, where the secret Card data must definitely not go through your server but must be sent directly to the server of the payment service provider.

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

You are obligated to fully comply with all laws, regulations, and instructions issued regarding money laundering, terrorist financing, cyber security, and credit information.

You guarantee that you have taken the necessary precautions to ensure that your electronic systems are safe from hacking or infiltration by any unauthorized third party. In the event that the your system is hacked and an unauthorized third party has access to the Cardholder’s data or Transaction data, the you 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.

You acknowledge that the electronic payment service provider shall not be responsible for any transaction that is processed incorrectly, or for any unauthorized or fraudulent access to your accounts, identifiers, or any data related to the cardholder or transaction information, unless such issues result from the provider’s negligence or fault. The provider is committed to notifying the merchant within forty-eight (48) hours of discovering any unauthorized transaction through the approved communication channels

You acknowledge that the Electronic Payment Service Provider is not responsible for any violation of the your systems resulting from negligence, or any intentional damage.

You are obligated not to use, disclose, sell or publish any information about the Cardholder that was obtained in the electronic payment process.

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

You 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 you from any supplier of goods or services to the Merchant or any other party.The you 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.

You 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.

You 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.

You shall not:

Engage in any false, misleading or deceptive conduct regarding goods or services offered by you 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 to you).

You must do everything that would reduce the volume of amounts refunded from you by your 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 you exceeds the rate specified in accordance with the standards of Saudi payments and international credit Card companies.

You 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 you sell, rent, or transfer your business or any of the buildings.

If you change the address at which you hold a business, change your contact details (for example, phone number, fax number, or email) or start operating elsewhere.

If you change the nature, scope or type of your 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.

You are obligated not to charge the Cardholder any part of the fees or taxes that you 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.

You must comply with all policies and restrictions related to the use of the service, as established by the service provider or as updated from time to time, provided that the user is clearly and in advance notified through the approved communication channels, in accordance with the update mechanism specified in Clause 3, and in compliance with the relevant laws and regulations.

These policies may include,but are not limited to:

Policies communicated by the service provider to the user from time to time and/or published on the website and/or official communication channels, with emphasis on notifying the user of any material changes.

Technical requirements and implementation conditions imposed by the service provider, which shall be explained to the user in a clear and understandable manner.

The service provider’s requirements regarding data security, privacy, and all matters related to the protection and safety of the user.

Article Six - Product Regulations:

You must undertake 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.

You must undertake 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.

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.

If you fail 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:

In the event of any error or malfunction caused by the service provider during the provision of the service, the service provider is obligated to take appropriate corrective measures to address the error as quickly as possible. The service provider shall not be liable for any compensation unless the error results from intentional misconduct or gross negligence, in which case compensation shall be limited to direct damages only, in accordance with the applicable laws and regulations.

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:

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.

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.

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.

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.

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.

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.

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

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.

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

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

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.

You may not use the service of the The Service Provider 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. The Service Provider reserves the right to deactivate any account that violates any of the aforementioned terms.

Both parties shall comply with all applicable laws, regulations, and rules in force in the Kingdom of Saudi Arabia under this agreement.

Under this agreement, you acknowledge and agree to authorize the payment gateway service provider to execute electronic payment transactions on your behalf, including collecting payments from customers, routing transactions through approved payment systems, and transferring funds to the merchant's bank account. The service provider is also authorized to use and process the related transaction data for the purpose of providing the service, in accordance with the regulations and instructions issued by the Saudi Central Bank.

The merchant has the right to revoke the authorization granted to the service provider at any time by providing a written notice of no less than thirty (30) business days. The revocation shall not affect any obligations incurred prior to the revocation date, and the service provider is committed to taking the necessary steps to stop the related transactions within a reasonable period, in accordance with the regulations and instructions of the Saudi Central Bank.

Article Eighteen - The Service Provider Rights:

The service provider reserves the right to terminate the service for any legitimate reason, provided that the user is notified within a reasonable period and informed of the means to terminate the contractual relationship on their part.

"The Service Provider " 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.

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.

"The Service Provider" 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 "The Service Provider" 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 "The Service Provider" and the contractors may be clients/ merchants of "The Service Provider" 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.

In the event of a dispute regarding account ownership, "The Service Provider" 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.

"The Service Provider" 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:

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

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.

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:

The payment service provider is committed to maintaining the privacy and confidentiality of all data and information related to the merchant, which is collected or obtained during the use of the services, in accordance with the Personal Data Protection Law and the relevant regulations of the Saudi Central Bank. The second party also acknowledges that they have reviewed and agreed to the privacy policy published on the website.The payment service provider undertakes not to share or process the data except in compliance with the applicable laws and regulations, and not to disclose it to any third party without explicit consent or pursuant to a legal order

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

The multiple identity verification system (3D secure) has been applied to raise the level of security for our clients when using the "The Service Provider" Online Gateway.

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

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.

You are committed to comply 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 your server, but must be sent directly to the The Service Provider’s server.

You must guarantee that you have 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 your system is hacked and an unauthorized third party has access to the card holder’s data or transaction data, you 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.

In the event that you have been exposed to a security breach, please report it to the "The Service Provider"team by calling customer service: 8001111848

Article Twenty-One -Technical Support and Complaints Handling:

Pursuant to these terms and conditions, "The Service Provider" provides some technical support services,for example:

You have the right to communicate with the technical support team through (8001111848) or any of the aforementioned means of communication and to resolve electronic technical issues that may arise on his account.

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

You have 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/