Last Updated: 10.04.2022
PayBy Technology Projects L.L.C. (“PayBy”, “we”, “us” or “our”) is a limited liability company established under the laws of the United Arab Emirates (“UAE”) under registration number 3018388. Our registered office is at Tamouh Tower 3, Building of Tamouh Investment, Al Reem Island, Abu Dhabi, United Arab Emirates.
The PayBy App provides the payment related services detailed in these Terms to you (together with the PayBy App, the “Services”). 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 PayBy App immediately and you will not be permitted to create another Account, nor access the PayBy App, without our permission.
Please note that we have prepared specific terms and conditions which govern some of the other related products and services that may be available to you via the PayBy App. This includes the Mobile Auto-Debit Payment Services: Should you wish to access and review these terms and conditions please see the Mobile Auto-Debit Terms of Service.
Once you have downloaded the PayBy 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
Once an Account has been opened, you will be able to hold, send and receive funds through the PayBy App, the Website or by using a “Virtual Card” where one has been issued to you. The Services available will include:
Please note that when you buy something from a Merchant or third party seller using your PayBy Wallet or a Virtual Card and the transaction is ultimately refunded, the payment will typically be refunded to the original payment method you used for the transaction. Refunds to the balance of your PayBy Wallet will generally be processed within one (1) business day. Refunds to other cards linked to your Account will generally be processed within fourteen (14) business days, however in certain instances the refund may take up to thirty (30) business days.
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 PayBy App if you breach these Terms.
4. USE OF YOUR PAYBY ACCOUNT
When using your Account, you agree to comply with the following provisions:
Where you use a Virtual Card to make a payment, we will consider that the payment has been authorized by you unless you let us know that the money has been stolen from your Account.
We may change these limits in accordance with clause 19 of these Terms.
5. VIRTUAL CARD
We may, at our discretion, issue you with one or more Virtual Cards which will be linked to your PayBy Account.
You can use a Virtual Card to make payments. However, a Virtual Card is not a credit card. You can therefore only make purchases up to the total amount held in your Account.
6. PROTECTING YOUR FUNDS
Funds stored in your Account are protected by us in accordance with our regulatory obligations. We do this by placing your funds in a dedicated account held with a bank licensed by the UAE Central Bank.
Your funds will continue to be protected until they are paid out or redeemed by you.
7. FEES AND CHARGES
You will be charged a fee for using certain of our Services. Information on fees is set out in our Schedule of Charges which is available here.
We reserve the right to amend our charges at any time by giving you at least sixty (60) calendar days’ notice.
8. LOYALTY PROGRAM
The PayBy 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 PayBy App.
You acknowledge and agree that the Green Points and vouchers have no monetary value and do not constitute property of any type or actual currency of any kind. Green Points and vouchers only exist within our PayBy App and they have no cash value.
We reserve the right at any time to offer, modify, control, regulate, and/or remove any Green Points and vouchers, 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 Green Points and vouchers from your Account should we believe you have used any Green Points and vouchers 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 Green Points and vouchers are final and we will not refund any transactions once the purchase is complete.
If these Terms and/or your access to the PayBy App is suspended or terminated for any reason, you acknowledge that we are not responsible for providing a refund or other compensation for any Green Points and vouchers purchased before termination or suspension.
9. BALANCE BONUS PROGRAM
We may offer a cashback reward program via the PayBy App from time to time (“Balance Bonus”) which provides cashback calculated based on the value of your PayBy balance. In order to access Balance Bonus, you must apply through the PayBy App. We may require additional information to verify your identity.
Balance Bonus cashback accrues daily and is calculated on the total balance of your PayBy Wallet on the previous day. The value will be distributed to your PayBy balance on the same day it is calculated or otherwise at a frequency specified from time to time. We may require you to maintain a minimum balance on your PayBy Wallet to be eligible to receive cashback. Currently, the minimum balance is AED 150. We may change this minimum balance from time to time in accordance with clause 19 of these Terms.
We have the sole right to determine the cashback amount, minimum balance and distribution frequency. If you think there is a problem with your Balance Bonus account, please contact us at email@example.com.
You can view your accruals in the Balance Bonus section of the PayBy app, and your distributions in your PayBy Wallet. You may not use the accrued value to use the PayBy Services, as set out in clause 3 of these Terms, until the value has been credited to your PayBy Wallet.
We reserve the right at any time to offer, modify, control, regulate, and/or remove any Balance Bonus program, or the use or provision thereof, within or from your Account, without any liability to you.
If we believe you have used Balance Bonus in breach of these Terms or applicable law, or your access to the PayBy App is suspended or terminated for any reason, we will cease issuing cashback and we will not be liable for providing a refund or any other compensation for accruals or distributions before or after such breach, suspension or termination.
10. GENERAL CONDITIONS
In addition to any other conditions included in these Terms which you must comply with, please also be aware of the following:
11. ACCEPTABLE USE
When using the Services and/or Website, you must always do so for legal, authorized and acceptable purposes. When using the Services (which includes the use of any Virtual Card) and/or Website, you will not, nor permit any person using your Account and/or accessing the Website to:
12. LICENSES AND INTELLECTUAL PROPERTY
12.1 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).
12.2 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 set out in these Terms as further detailed below.
12.3 Our right to use your information
In order for us to provide our Services and/or Website to you to the best of our ability, you grant PayBy a worldwide, free of charge, sublicensable, and transferable right 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.
12.4 Your right to use the Services
In order for you to receive the Services at the best standard, we grant you a revocable, non-exclusive, non-sublicensable and non-transferable right to use the Services for the sole purpose for which they were created, subject to and in accordance with these Terms. No other rights are granted to you by implication or otherwise.
12.5 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 (or otherwise misusing) our Intellectual Property or the intellectual property of another, we may terminate your Account with immediate effect.
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.
14. OUR LIABILITY
14.1 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/organization 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.
14.2 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 AED 500.
These exclusions and limitations of liability will apply to the fullest extent permitted by applicable law.
15. 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.
16. COOLING-OFF PERIOD
If you decide not to proceed with using the Services, you may close your Account and terminate these Terms within five (5) business days of agreeing to these Terms. This is known as the “Cooling-Off Period”. You can exercise this right by contacting us at firstname.lastname@example.org or via the PayBy App.
17. 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.
17.1 Our right
We may, at any time, close your Account for any reason by providing you with sixty (60) calendar days’ written notice.
Alternatively, we may, at any time, block your Virtual Card, 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:
17.2 Your right
You can close your Account at any time by contacting us via the PayBy App or by emailing us at email@example.com. We will send you a final closing statement within seven (7) business days of receiving your Account closure request.
17.3 Closure Conditions
17.4 Continuing provisions
However caused, the following provisions will survive any termination of your relationship with us: Licenses 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 PayBy 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.
19. CHANGES TO THESE TERMS
We can make updates to these Terms at any time. We will let you know of any such changes via email, the PayBy App, or through another medium of using the Services. For most changes we will give you at least sixty (60) calendar days before the changes to the Terms take effect. However, we may make some kinds of change without telling you in advance – this includes where we are required to make a change due to legal and/or regulatory requirements and there is not time to give you notice of such changes.
Where we are required to give you notice, the updated Terms will come into effect sixty (60) calendar days after we have given you notice, unless you have given us notice that you object to the proposed changes. Your continued use of the Services and/or Website will be deemed acceptance of the updated Terms.
If you object to the updated Terms, such objection shall constitute a notice by you that you wish to close your Account in accordance with your rights under clause 17.2 above. You will not be charged if you object to the updates and decide to terminate your relationship with us.
20. YOUR DATA
In addition to any other terms and conditions within these Terms, please be aware of the following:
If you have are not satisfied with the Services or your Account, please get in touch with us by email at firstname.lastname@example.org, by calling our dedicated helpline on +971424 688 25, or via the PayBy App. Please refer to our complaint procedures available on the PayBy App and the Website for further details of our complaints management process.
23. 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.
NOTE: Value limits with respect to Virtual Cards remain subject to determination. ↑