Last Updated: April 2, 2021
We ask you please read these Terms thoroughly so you properly understand your obligations and your rights in relation to our Services and Website. By installing, accessing, downloading or otherwise using the Services and/or Website, or any of their features including creating an Account, you are agreeing to comply with and be bound by these Terms. If you breach or violate any of the Terms, we have the right to disable your Account and block your access to the App immediately and you will not be permitted to create another Account, nor access the App, without our permission.
We can make updates to these Terms at any time. We will let you know of any such changes via email, the App, or through another medium of using the Services. Your continued use of the Services and/or Website will be deemed acceptance of the updated Terms. However, if you do not accept the updated Terms, you are no longer permitted to use the Services and/or Website and should disable your Account immediately.
Please note that we have prepared specific terms and conditions which govern some of the other related products and services which may be available to you via the PayBy App. This includes:
Once you have downloaded the App, we need to set up your account before you can fully access the Services. In order to provide you with an Account, you must prove you are eligible by providing correct and up to date information demonstrating the eligibility requirements that we and applicable laws require.
To be eligible for an Account, you must be:
3. PAYBY SERVICES
If you are granted an Account, the Services available will include:
The Services are subject to the provisions of these Terms. We retain the right at all times to disable the Account and your access to the App if you breach these Terms.
4. VIRTUAL MONEY
The App allows users to redeem Green Points or vouchers as part of the PayBy loyalty program. These Green Points or vouchers can be used to obtain discounts on purchases made using the App. Green Points and vouchers offered through the App are a virtual currency (Virtual Money).
You acknowledge and agree that Virtual Money has no monetary value and does not constitute property of any type or actual currency of any kind. Virtual Money only exists within our App and can never be exchanged for real money, real goods or real services from us, any of our group companies, or any third party.
You acknowledge and agree that you will not attempt to sell or exchange any Virtual Money for real money, real goods or real services from us, any of our group companies, or any third party.
From the time of purchase, we grant to you a non-exclusive, non-transferable, revocable, limited licence to use Virtual Money for the purpose for which they were offered in the App.
We reserve the right at any time to offer, modify, control, regulate, and/or remove any Virtual Money, or the use or provision thereof, within or from your Account, without any liability to you.
We reserve the right at any time to remove any Virtual Money from your PayBy account should we believe you have used any Virtual Money contrary to these Terms or applicable law, or otherwise breached these Terms or applicable law.
Unless the purchase was made due to a breach by us of these Terms, you acknowledge and agree that all purchases of Virtual Money are final and we will not refund any transactions once the purchase is complete.
If these Terms and/or your access to the App is suspended or terminated for any reason, you acknowledge that we are not responsible for providing a refund or other compensation for any Virtual Money purchased before termination or suspension.
5. USE OF YOUR PAYBY ACCOUNT
When using your Account, you agree to comply with the following provisions.
6. GENERAL APP CONDITIONS
In addition to any other conditions included in these Terms which you must comply with, please also be aware of the following:
7. ACCEPTABLE USE
When using the Services and/or Website, you must always do so for legal, authorised and acceptable purposes. When using the Services and/or Website, you will not, nor permit any person using your Account and/or accessing the Website to:
8. LICENCES AND INTELLECTUAL PROPERTY
8.1 What we own
Throughout our relationship with you, we retain ownership and/or control, as appropriate, of the Services and Website and all intellectual property rights therein, including all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights that have existed, do, may or will exist in the future ("Intellectual Property"). You may not use our Intellectual Property unless permitted under these Terms or with our express written consent (which you can seek by contacting us using the contact details above).
8.2 What you own
Throughout our relationship with you, you retain ownership of the details, information or other data you submit for your Account or through the use of our Services. You also have the right to grant the rights and licences in these Terms as further detailed below.
8.3 Licence to us
In order for us to provide our Services and/or Website to you to the best of our ability, you grant PayBy a worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, create derivative works of, and display the information (including any content) that you upload, store, send, or receive on or through the use of the Services and/or Website. We will only use such rights for the limited purpose of providing our Services which includes, for example, to allow us to display your profile picture.
8.4 Licence to you
In order for you to receive the Services at the best standard, we grant you a revocable, non-exclusive, non-sublicenseable and non-transferable licence to use the Services for the sole purpose for which they were created, subject to and in accordance with these Terms. No other licences or rights are granted to you by implication or otherwise.
8.5 Infringement of Intellectual Property
If you believe our Intellectual Property is being infringed by a third party, please contact us immediately using the contact details provided above. If we believe you are infringing our Intellectual Property or the intellectual property of another, we may terminate your Account with immediate effect.
When an update of the App becomes available, you are strongly encouraged to download this as soon as possible following its release. Updates are created to better the App and the user experience thereof. If you do not update the App, it may no longer be supported by us and, over time, will likely depreciate in functionality.
You use and accept the provision of the Services and/or the Website at your own risk and at all times subject to the following disclaimers:
The forgoing disclaimers will apply to the fullest extent permitted by applicable law.
11. OUR LIABILITY
11.1 Our Liability
We accept liability where we act on a payment instruction and this is not received by your payee’s bank (whether that be a Merchant, another Account holder, or the person/organisation to which you must pay a bill), except where this is a result of yours, your payee’s, or your payee’s bank’s (not with respect to another Account holder) negligence (for example, if you included the wrong payee details).
We also accept liability for any losses you may suffer as a result of us not complying with our obligations under our Terms with you, or as a result of our negligence or fraud.
11.2 Limitation and Exclusion of Liability
Unless expressly stated otherwise in these Terms, we, our affiliates, subsidiaries, directors, employees, partners and agents (together the "PayBy Group") will not be held liable to you, whether in contract (including under any indemnity), tort (including negligence), under statute or otherwise, under or in connection with these Terms, your activities under your Account, your use of the Services and/or Website, and/or our provision of the Services and/or Website, for any:
For any other losses or damages for which we are found liable, the PayBy Group’s aggregate liability towards you for all claims during our relationship with you shall not exceed 375 AED.
The forgoing exclusions and cap of liability will each apply to the fullest extent permitted by applicable law.
12. YOUR LIABILITY
To the extent permitted by law, you agree to defend, indemnify, and hold harmless the PayBy Group from and against all liabilities, damages, losses, and costs (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services and/or Website; (b) your breach of our Terms; or (c) any misrepresentation made by you.
13. CLOSING YOUR ACCOUNT AND TERMINATION OF THESE TERMS
If your Account is closed in accordance with any of the following provisions or any other provision in these Terms, these Terms will automatically terminate with respect to the Account that is terminated.
13.1 Our right
We may, at any time, close your Account for any reason by providing you with sixty (60) days’ written notice.
We may, at any time, disable your Account (either indefinitely or for a set period of time) and/or terminate your access and use of any or all of the Services (including any services of our group companies) if any of the following occur:
13.2 Your right
You can close your Account at any time by contacting us via the App or by emailing us at email@example.com.
13.3 Closure Conditions
13.4 Continuing provisions
However caused, the following provisions will survive any termination of your relationship with us: Licences And Intellectual Property, Disclaimer, Our Liability, Your Liability, Closing Your Account And Termination Of These Terms, General, Dispute Resolution And Governing Law.
These Terms were prepared in English and therefore the default language is English. Should you wish to access these Terms in a different language, please update the language setting on your device (for example via the settings on the App) to the preferred language. Please note that not all languages are available and should there be any discrepancies or differing interpretations or meanings between the English version of these Terms and any translation, the English Terms shall prevail.
In addition to any other terms and conditions within these Terms, please be aware of the following:
16. DISPUTE RESOLUTION AND GOVERNING LAW
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, please see the following as to how it can be resolved and what laws will apply.
Unless expressly required otherwise by law, these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
We both agree that the courts of the Abu Dhabi Global Market in Abu Dhabi shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the subject matter or formation.