The terms and conditions subject to which BayanPay Services are provided are mentioned herein (‘Terms and Conditions’). This document is available in Arabic or in English, as chosen by the user. Arabic will always prevail. The use of BayanPay Services by the Customer/Merchant is subject to the acceptance of the Terms and Conditions. By enrolling for the BayanPay Services, the Customer/Merchant acknowledges that he has read, understood and agrees to be bound by these Terms and Conditions.
- “Bayan Payments Limited” is a company duly registered in Riyadh, Saudi Arabia with its registered office at Riyadh – King Fahad Road. (hereinafter referred to as the (“BayanPay”).
- “BayanPay Services” or “Services” refers to digital wallet services offered by Bayan Payments Limited company upon the permission granted by SAMA.
- BayanPay Services are governed by:
- SAMA Regulations.
- Instructions and directions issued by SAMA from time to time.
- “Customer” shall mean any person above the age of 18 years and has registered with BayanPay Services and accepted these Terms and Conditions and owns a compatible mobile phone that supports BayanPay Services.
- “Access Channel” shall mean the method used by the Customer to access the BayanPay services which includes website or the smartphone application available on the google play store and the apple app store.
- “BayanPay Account” shall mean the account of each Customer/Merchant using BayanPay Services
- “Charge(s)” or “Service Charge” shall mean the charges which BayanPay may impose upon the Customer/Merchant in consideration for enrolling or using BayanPay Services.
- “Wallet to Wallet Transfer” refers to a facility provided by the BayanPay whereby BayanPay Individuals Account can transfer funds from a BayanPay Individuals Account to any other BayanPay Account issued by BayanPay.
- “Wallet to Bank Transfer” refers to a facility provided by BayanPay whereby a BayanPay Individuals Account can transfer funds from a BayanPay Individuals Account to a Bank account in Saudi Arabia.
- “Merchant” shall mean and include physical merchants, electronic commerce merchants and/or any other merchants who have been authorized by BayanPay to accept payment for goods or services or financial services using the BayanPay Account.
- “Registration Form” shall mean the digital form to be completed by the Customer along with necessary supporting information, as required by BayanPay for enrolling for the BayanPay Services.
- “KYC” stands for Know Your Customer and refers to the various norms, rules, laws and statutes issued by SAMA from time to time under which BayanPay is required to procure personal identification details and authorization from the Customer as may be required at the time of enrolling for BayanPay Services and/or on a later date, and this for availing and/or continuation of the BayanPay Services.
- “M-PIN/PIN” shall mean the secret numeric password used to secure BayanPay accounts without knowledge of which the BayanPay Account may not be operable.
- “SAMA” shall mean the Saudi Arabian Monetary Authority.
- “Transaction” shall mean any credit and/or debit of the Customer’s money balance in BayanPay Account including but not limited to financial services or payment for purchase of goods or services from all identified Merchants.
- All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”.
- Words importing any gender include the other gender.
- Reference to any regulation, order or other law includes all regulations and, amendments, for the time being in force.
- All headings, bold typing and italics (if any) have been inserted to facilitate the reference only and do not define limit or affect the meaning or interpretation of these Terms.
- The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process, and BayanPay reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable SAMA KYC requirements. The BayanPay reserves the right to discontinue services/ reject applications for BayanPay Services at any time if there are discrepancies in information and/or documentation provided by the Customer/Merchant.
- Any information provided to BayanPay with the intention of securing BayanPay Services shall vest with BayanPay, and may be used by BayanPay, for any purpose consistent with any applicable law or regulation in Saudi Arabia, at its discretion. This information can also be shared with third parties and used for promotional and analytical purposes.
- For any information provided by the Customer/Merchant to BayanPay for any purpose, via any medium, Customer/Merchant is solely responsible for the correctness of that information. If the information provided by Customer/Merchant is found to be incorrect or erroneous, BayanPay holds no responsibility and is not liable for any consequences that the information may carry. If the Customer/Merchant finds out any information related to his account is incorrect or erroneous, he must notify BayanPay by contacting email@example.com . If BayanPay finds out that the information provided by Customer/Merchant is false or erroneous, BayanPay holds the right to terminate the Customer’s/Merchant’s account and forfeit the amount lying in the account.
- BayanPay may make, directly or through any third party, any inquiries it considers necessary to validate the information provided by Customer/Merchant, including without limitation checking commercial databases or credit reports. BayanPay cannot guarantee any user identity even if it takes steps to verify the Customer/Merchant identity.
4. GENERAL CONDITIONS OF BAYANPAY SERVICES
- The Customer will be issued, BayanPay Individuals Account immediately after successful registration and KYC.
- The Customer may credit the BayanPay Account through any of the methods mentioned in BayanPay Individuals. The limits and methods of crediting BayanPay Account are subject to change as per the discretion of BayanPay or as per SAMA directions without any prior intimation to the Customer.
- BayanPay Services for BayanPay Individuals users is available on all Access Channels subject to the Customer’s mobile handset supporting these Access Channels.
- BayanPay Services are not transferable, and only one BayanPay account can be issued per Saudi National ID/Resident Identity (Iqama) as well as per Saudi Commercial registration.
- The maximum monetary value that can be stored at any point of time in BayanPay Individuals (including monthly, quarterly, annual) cannot exceed the limits as per the SAMA regulations.
- The maximum monetary value for BayanPay Individuals to Bank Transfer for any customer cannot exceed the limits as per the SAMA regulations.
- These limitations stated in the above clauses, in line with SAMA regulations, may be reviewed and modified at the discretion of the BayanPay without prior notification to the Customer.
- The Customer’s BayanPay Individuals Account must be utilized within 180 days from the date of last transaction or from the date of activation of the BayanPay Individuals Account;
- BayanPay reserves the right to suspend/discontinue BayanPay Services at any time, for any cause, including, but not limited, to the following:
- For any suspected discrepancy in the KYC details or Registration Form provided by the Customer/Merchant.
- To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc.
- For technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
- For any connectivity deficiencies caused by geographical limitations.
- If the mobile connection with which BayanPay Account is related, ceases to be operational or in the Customer’s possession or control.
- For any suspected violation of the rules, regulations, orders, directions, notifications issued by SAMA from time to time or for any violation of the Terms and Conditions mentioned in herein.
- If BayanPay believes, in its reasonable opinion, that termination/ suspension is necessary.
- BayanPay may as per its discretion introduce appropriate controls including but not limited to revised BayanPay Account limits. BayanPay may further request the Customer/Merchant using BayanPay Services to provide additional KYC details as part of ongoing monitoring and Customer due diligence.
- The Customer must utilize the amounts stored in the BayanPay Account to make payments/transfers for bona-fide Transactions.
- The amount in any BayanPay Account which has not been operated for a period of (5) five years, or any amount remaining unclaimed for more than (5) five years shall be credited to the Fund, within a period of three months from the expiry of the said period of (5) five years. The Fund shall be utilized for promotion of depositors’ interest and for such other purposes which may be necessary for the promotion of depositors’ interests as specified by SAMA from time to time.
- The Customer/Merchant agrees that the language of any communication relating to BayanPay Services shall be in Arabic or English.
- For opening BayanPay Individuals account using Absher-OTP (One Time Password) based e-KYC in digital mode, the customer gives specific consent to BayanPay for authentication through OTP.
- The Customer/Merchant understands that BayanPay account using Absher-OTP based e-KYC in digital mode shall not be allowed for more than one year from the date of opening the BayanPay account. The Customer/Merchant must renew the e-KYC. In the event, the Customer/Merchant fails to complete the renewal of Saudi National ID/Resident Identity (Iqama)/Saudi Commercial registration within (30) days prior to its expiry, the Customer/Merchant authorizes BayanPay to close his BayanPay account on completion of one year from the date of opening the account.
- For opening BayanPay account using Absher-OTP based e-KYC in digital mode, the Customer/Merchant undertakes that no other BayanPay account has already been opened nor will be opened in future using Absher-OTP based e-KYC in digital mode.
- For BayanPay account using Absher-OTP based e-KYC in digital mode, the Customer/Merchant undertakes that all the transactions to BayanPay account shall be through the Customer’s/Merchant’s full KYC-complied account in compliance with SAMA regulations.
- If Customer/Merchant wishes to make a complaint about BayanPay Services, he can make a complaint by notifying Bayan Payments Company Customer Support Centre via this email: firstname.lastname@example.org
5. BILLING AND PAYMENT
- The Customer/Merchant shall pay the Service Charges prescribed by BayanPay in the form and manner prescribed for such payment. BayanPay may at its discretion, change, amend, increase, modify or reduce the Service Charges from time to time with due notification to the Customer/Merchant. For schedule of Services Charges please refer to the company website(www.bayanpay.sa) or contact by email: email@example.com
- Any value in BayanPay Account that is utilized towards making payments for any Transaction shall be automatically debited from the BayanPay Account. Bayan Pay’s responsibility is limited to debiting the BayanPay Account and subsequent payment to any Merchant including financial services or transfers to the bank.
- BayanPay does not endorse, promote, or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using the BayanPay Services.
- BayanPay is continuously innovating in order to provide the best possible experience for its users. Customer/Merchant acknowledges and agrees that BayanPay may provide new services from time to time without prior notice. BayanPay will provide Customer/Merchant with any revised document resulting from the introduction of new services by email or by providing a link to the updated T&C during sign-up/ login process.
- BayanPay reserves the right to recover any funds for Transactions processed from the balance in the Customer’s/Merchant’s BayanPay Account.
- Customer/Merchant acknowledges that BayanPay Account is a stored value digital wallet services account, thus there is no overdraft facility available.
6. CUSTOMER OBLIGATIONS
- BayanPay Services availability is subject to the maintenance of an active mobile phone connection with a telecommunications service provider, and a mobile phone handset supporting Access Channels on which BayanPay Services run. The Customer/Merchant is solely responsible for all liability arising from the unavailability of BayanPay Services due to non-maintenance of an active mobile phone connection with the telecommunications service provider or due to a mobile handset not supporting the Access Channels.
- The Customer/Merchant must ensure the availability of enough funds before executing any Transaction from BayanPay Account.
- The Customer/Merchant shall be solely responsible for the confidentiality, safety and security of the M- PIN/PIN and other credentials. The Customer/Merchant shall be the sole owner of the M-PIN/PIN and shall be responsible for the consequences arising out of disclosure of the M-PIN/PIN and/or the unauthorized use of BayanPay Service. In case the M PIN/PIN/Credentials is lost/misplaced/compromised, the Customer/Merchant shall promptly inform BayanPay by sending an email to firstname.lastname@example.org where after the BayanPay account will be blocked and new Credentials will be issued to the Customer/Merchant after necessary validation. In case the mobile phone/ SIM card associated with BayanPay Services is lost/stolen/misplaced/ no longer in the Customer’s/Merchant’s control or possession or operational, the Customer/Merchant shall promptly and immediately inform: email@example.com
- The Customer/Merchant will not be financially responsible for any use of BayanPay Account by an unauthorized person due to the loss or compromise of Credentials occurring after duly notifying BayanPay of the loss or compromise and the acknowledge of such notification by BayanPay, unless the Customer/Merchant acts fraudulently.
- The Customer/Merchant shall only use BayanPay Services for financial services or Transactions with the approved Merchants and Banks.
- The Customer/Merchant shall notify BayanPay about change in any information, including but not limited to change in address etc. within one week along with such proof of change as per SAMA KYC requirements and further provide any information and documents that BayanPay may request from time to time.
- The Customer/Merchant shall not use BayanPay Services for any purpose that might be construed as contrary or inacceptable to any applicable laws, SAMA regulations, guidelines, judicial statements, BayanPay policy or public policy or for any purpose that might negatively prejudice the goodwill of BayanPay.
- The Customer/Merchant acknowledges and understands that BayanPay Services are linked to the mobile phone data connectivity and the Customer/Merchant shall be solely responsible for any liability arising out of the loss/theft/ misuse of the mobile phone or deactivation of mobile connection by the telecommunications service provider.
- All payments/transfers must be made through BayanPay App. It is the full Customer/Merchant responsibility to ensure that accurate, complete and correct payments/transfers for the beneficiary of a payment (including payments to themselves) are provided to BayanPay through the App.
- The Customer/Merchant shall ensure that the BayanPay Services are not used for transactions in foreign currency apart from, the BayanPay international remittance service.
- BayanPay may contact the Customer/Merchant requesting any additional information. The Customer/Merchant must provide BayanPay with any needed information within two (2) Business Days of the request.
- Privacy of communication is subject to the terms of the permission granted by SAMA and its notifications/circulars. The Customer/Merchant specifically agree that in order to facilitate the provision of BayanPay Services, BayanPay may be required by law or by the administration to disclose any information or details pertaining to the Customer/Merchant to any authority or otherwise.
- The user graphics, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of BayanPay Service provided by BayanPay (the “Materials”) are protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights of either BayanPay and/or its related Parties.
8. DISCLAIMER OF LIABILITY
- BayanPay makes no express or implied warranty, guarantee, or undertaking whatsoever regarding the BayanPay Services, which are not expressly mentioned herein.
- BayanPay shall not be responsible for any acts or omissions of any third-party including distributors/retailers/merchants etc., regarding services which are not expressly authorized by BayanPay.
- BayanPay shall not be liable to any person for any delays, loss of business, profit, revenue or goodwill, anticipated savings, damages, fees, costs, expenses, etc. or for any indirect or consequential loss, whatsoever arising, on BayanPay Services being unavailable/usage of the BayanPay Services or otherwise.
- BayanPay shall not be liable to any person for injuries or damages resulting from omissions, interruptions, delays, errors in transmission, failures or defects in equipment, or disconnection of mobile services by any telecom service provider or any other cause including but not limited to the failure to transmit, or any other causes beyond the control of BayanPay or for any reason whatsoever.
- The Terms and Conditions herein shall be subject to the notifications/ guidelines issued by SAMA, from time to time.
- BayanPay will do its best to ensure that Customer/Merchant Transactions and information remain secure and confidential. BayanPay makes no warranty of any kind in relation to the system and the network or their function or performance, or for any loss or damage, whenever and whatsoever suffered or incurred by the Customer/Merchant or by any other person resulting from or in connection with the use of BayanPay Services.
- The Customer/Merchant agree to indemnify, defend and hold BayanPay and/or related parties harmless from all claims, losses, damages, liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to the use or misuse of BayanPay Services, any violation of these Terms and Conditions, or any breach of the warranties, and covenants.
10. ADDITIONAL T&Cs
- Any dispute with or complaint against any Merchant or financial services company or Bank must be directly resolved by the Customer with the Merchant or financial services company or Bank. It is agreed on that BayanPay shall not be responsible for any deficiency in goods and/or services purchased using BayanPay Services. This exclusion of liability shall apply also on goods and/or services made available by BayanPay under promotional schemes.
- Any amount transferred erroneously by the Customer/Merchant to any Merchant or to any financial services company or to a Bank account shall not be refunded to the Customer/Merchant by BayanPay in any circumstances.
- In the event of any dispute, BayanPay records shall be binding as the conclusive evidence of the transactions carried out through use of BayanPay Services.
- BayanPay shall send all Customer/Merchant communications by in-App notifications only. The BayanPay, at its own discretion, may also contact the Customer/Merchant, for providing & improving BayanPay Services and suggesting any additional services.
- The Customer/Merchant agrees to receive all commercial messages including transactional messages from BayanPay.
- By agreeing to the Terms and Conditions, user agrees that the details mentioned in the KYC are to be considered as final details for BayanPay Account.
- The Customer/Merchant agrees to Terms and Conditions and allows BayanPay to open a BayanPay account by accepting the Saudi National ID/Resident Identity (Iqama)/Saudi Commercial registration provided by him.
11. CHANGE OF TERMS
- BayanPay has the sole discretion to change, add/ or delete these Terms and Conditions.
- BayanPay may modify, terminate and/or suspend BayanPay Services to the Customer/Merchant anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
- Any amendment of these Terms and Conditions proposed by the Customer/Merchant shall not be effective unless accepted in written by BayanPay through an amendment form.
- Amendments made under this clause shall be deemed to be a part of these Terms and Conditions, and in case of any contradiction the amendment form accepted by BayanPay shall prevail.
- Changed Terms and Conditions will be displayed on Bayan Pay’s mobile App. Such communication shall be valid and be considered as proper notification. By continuing to use BayanPay Service, the Customer/Merchant will be deemed to have accepted the changed Terms and Conditions.
- If any part of this Terms and Conditions is adjudged illegal or inoperable for any reason, it shall be severed from the remainder of the Terms and Conditions and only that portion of this Terms and Conditions that is specifically adjudged illegal or inoperable shall cease to govern the relationship between BayanPay and the Customer/Merchant.
- The Riyadh’s Court shall have exclusive jurisdiction in respect of any dispute regarding the use of BayanPay Service including the interpretation and execution of these Terms and Conditions or any other document executed by the Customer/Merchant or BayanPay with respect to BayanPay Service.
14. DECLARATION BY CUSTOMER/MERCHANT
- I (“the Customer/Merchant”) agree that the opening and maintenance of BayanPay Account is subject to rules and regulations introduced or amended from time to time by SAMA.
- I hereby declare that I am a citizen/resident of the Kingdom of Saudi Arabia.
- I certify that the information provided by me above are to the best of my knowledge and belief, true, correct and complete and that I have not withheld any material information that may affect the assessment/categorization of my BayanPay Account. I undertake to declare and disclose any change/s that may take place in the information provided by me within 30 days from the occurrence date.
- I also agree that my failure to disclose any material fact known to me, now or in future, may forbid me from transacting in the BayanPay account, and BayanPay shall have the right to put restrictions with respect to the operations of my BayanPay Account and/or close it and/or report to any regulator and/or any authority designated by the Saudi Arabian Government, and/or take any other action as may be deemed appropriate by BayanPay, under the guidelines issued by SAMA from time to time, if the deficiency is not remedied by me within the stipulated period.
- I also agree to furnish to BayanPay any other details that are called upon me to provide on BayanPay Account of any change in law either in Saudi Arabia or abroad in the subject matter herein.
- I agree to abide by the BayanPay’s Terms and Conditions and rules in force and the changes thereto in T&Cs from time to time relating to my Account as communicated and made available on the BayanPay’s mobile App.
15. CONTACT INFORMATION
Customer Center: 920015140