TERMS AND CONDITIONS
These OM Pay Electronic Wallet Services Terms and Conditions (including all annexes and payment card terms or other terms added as an annex to this Agreement) (together, referred to as the "Agreement"), shall apply when you register for an OM Pay Wallet Account or use any of the OM Pay Wallet Services.
In this Agreement, “you”, “your” and “their” refer to the user of the OM Pay Wallet Services and “OM Pay”, “we,” “us,” or “our,” refer to Global Financial Technology Company LLC, the provider of the OM Pay Wallet Services. Further information regarding OM Pay is set out in section 2.
Agreement start date: This Agreement will take effect from the date that you register for an OM Pay Wallet Account and indicate acceptance of the Agreement pursuant to these terms. The Agreement will continue unless and until you or we end the Agreement in accordance with the provisions of section OM Pay.
Why you should read this Agreement. This Agreement tells you who we are, how we will provide the OM Pay Wallet Services to you, how you and we may change or end this Agreement, what to do if there is a problem and other important information.
1. CONTACTING US
We are Global Financial Technology Company LLC, registered in the Commercial Register of Muscat, Sultanate of Oman, under No. 1408762.
You can contact us by emailing our Customer Support Team at support@OMPay.com, or by writing to us using the "Contact us" form available at the homepage of the website, Twitter: @OMPay__ or at our website: https://www.OMPay.com.
We may contact you by telephone, email, or other method at our discretion.
The following terms shall have the meanings ascribed to them below wherever they appear capitalized in the Agreement, unless the context requires otherwise:
"Affiliate" means an entity owned or controlled by OM Pay Wallet or any entity controlled by, in control of, or under common control with OM Pay Wallet.
"App" means the OM Pay Wallet electronic wallet services app made available and as updated by OM Pay Wallet from time to time that you may use to access and manage your Wallet Account.
"Applicable Law" means all applicable national, state, local, municipal legislation, regulations, statutes, by-laws, consents and/or other law, orders, court rulings and any other instrument having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions) relating to or connected with the activities contemplated under this Agreement in the Sultanate Of Oman.
"Available Balance" means the amount labeled as such on the App reflecting the total amounts transferred to your Wallet Account within the Recharge Limits and is the balance of funds you can use from your Wallet Account in accordance with this Agreement.
"Business Day" means any day other than a Friday or Saturday or a public holiday in Sultanate Of Oman.
"Credentials" means your password and access keys (Phone Number) that are set to allow you to access your Wallet Account via the App.
"Current Balance" means the amount labeled as such on the App reflecting the sum of your Available Balance and any other amounts transferred to your Wallet Account exceeding the Recharge Limits.
"Device" means a smartphone, tablet or any other device which is compatible for use with the OM Pay Wallet Services.
"International Remittance(s)" means transfer of funds from your Available Balance to a Receiver in a country other than the Sultanate Of Oman.
"Services" means the Services made available by OM Pay Wallet to you which allows you to purchase Services Products from Sellers.
"Services Products" means all goods, products, and/or services, including packaging, made available for purchase in the Services.
"Policies" means all applicable policies, notices, procedures, specifications, FAQs, guides, and guidelines that are provided or made available to you, appear on the App, or are referenced in this Agreement.
"Recharge Limit(s)" means the limits of funds that you can transfer in a period of time to your Available Balance, as set by OM Pay Wallet from time to time, in your Wallet Account, including but not limited to recharge transfers, cash-in, reversals, and any other forms of transfers into your Wallet Account. Currently, the recharge limit is OMR 1000 per Day.
"Receiver" means the person you specify via the App as the receiver of funds transferred via the International Remittance of the OM Pay Wallet Services.
"CBO" means the Central Bank of Oman.
"CBO Guidelines" means the payment service provider regulatory guidelines issued by CBO, as amended from time to time.
"OMR" means Omani Riyals.
"Seller" means a third-party merchant that makes Services Products available for You to purchase through the Services.
"Our Materials" means any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content, and printed and electronic documentation (including the Specifications and any integration guides) developed and provided by us or our Affiliates to you for download from the OM Pay Wallet. Our Materials do not include any software, data, or other materials specifically made available by us or our Affiliates under separate license terms or that were created by a third party, including without limitation software provided under an open-source license.
"Wallet Account" means the account you open with us for the use of the OM Pay Wallet Services.
"OM Pay Wallet Service(s)" means the services provided by OM Pay that you may avail via the OM Pay Wallet including but not limited to using the electronic wallet to cash-in, pay for goods and services (including via the Services), withdraw/redeem funds in your Wallet Account, and transfer funds both within the Sultanate Of Oman and internationally.
3. OM PAY WALLET GENERAL – AVAILABILITY AND ELIGIBILITY
This Agreement outlines the terms on which OM PAY enables you to register for a Wallet Account and use any of the OM PAY Wallet Services.
Provision and language of the Agreement: A copy of the Agreement, as amended from time to time, is available to you via the App. You may also request that we provide a copy to you by email. This Agreement forms a legally binding contract between you and OM PAY. You can choose to have this Agreement provided to you in Arabic or English, and your relationship with us will be governed by the language version of the Agreement that you select.
Your eligibility: You may not use any OM PAY Wallet Services, and this Agreement will not be effective if:
- You are not at least 18 years old and able to form a binding contract with us;
- Your Agreement is terminated or the provision of your Wallet Account and/or the OM PAY Wallet Services have been put on hold in accordance with the terms of this Agreement; or
- You are a person barred from receiving OM PAY Wallet Services or not permitted to make or receive payments relating to OM PAY Wallet Services under the laws of the Sultanate Of Oman.
If you do not meet these eligibility requirements, you may not use OM PAY Wallet Services and may not accept this Agreement.
Identification verification and anti-money laundering and credit checks: We may require you to provide information to verify your identity or in order for us to carry out anti-money laundering and credit checks as a condition of providing the OM PAY Wallet Services to you or before we permit you to make payments or receive or redeem funds from your Wallet Account. In such circumstances, we may need to collect additional information directly from you to provide the OM PAY Wallet Services to you. We may also make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including without limitation checking commercial databases or credit reports. While we will take steps to verify the identity of our users, we cannot and do not guarantee any user identity.
Security and your Credentials: Your mobile telephone number, biometric information, and a password that you select will be used to access the App and for communications with you. You may also be prompted to answer several security questions or select other issued security access keys or credentials that may be used to enable access to the OM PAY Wallet Services and authorize transactions contemplated by this Agreement. You are responsible for maintaining the secrecy and security of your Credentials and should not disclose them to any third party. If any of your Credentials are compromised, you must notify us immediately by using the methods specified in section 2-2 above so that we can suspend use of your Wallet Account with the OM PAY Wallet Services to avoid unauthorized transactions. You will not be financially responsible for any use of your Wallet Account by an unauthorized person or for fraudulent transactions occurring before or after you properly notify us of the loss or compromise, unless:
- You have acted fraudulently or negligently, or
- You did not take reasonable steps to keep your Credentials safe and secure.
You must notify us through the methods described in section 2-2 above if you wish to request us to unblock your Wallet Account after any issues with the security of your Credentials have been resolved.
You agree to comply with all OM Pay Wallet policies.
You acknowledge and agree that OM Pay may establish general practices and limits concerning the use of OM Pay Wallet Services without prior notice to you, including, without limitation, individual or aggregate transaction limits on the value or number of transactions during any specified time period(s) and Recharge Limits. In addition to any applicable account limits and Recharge Limits, OM Pay may restrict transactions to or from your Wallet Account or limit access to your Wallet Account in such amounts and for such time as we reasonably deem necessary to protect us or other users if:
(a) we are subject to financial risk,
(b) you have violated any term of this Agreement,
(c) any dispute exists involving your Wallet Account or transaction conducted in connection therewith, or
(d) needed to protect the security of our systems.
OM Pay may restrict access to your Wallet Account while we complete any pending investigation or resolve a pending dispute. We may also hold the funds in your Wallet Account as required by law or court order or if otherwise requested by law enforcement or any governmental entity. For the facilitation of the foregoing, your Wallet Account will show the Current Balance and the Available Balance. You will only be able to use funds showing in your Available Balance for payments and transfers from your Wallet Account. Amounts in your Current Balance exceeding the Available Balance may not be used for payments and transfers from your Wallet Account, and they will automatically and gradually be transferred to your Available Balance as soon as the Recharge Limit(s) permit doing so. Otherwise, you may request the transfer of the full Current Balance to a bank account you own upon the closing of your Wallet Account. OM Pay may decline any request to load your Wallet Account while the Recharge Limits are reached.
OM Pay may change or suspend the provision of OM Pay Wallet Services, in whole or in part, as necessary to perform maintenance or updates to any of the OM Pay Wallet Services or where OM Pay has any concerns about the manner in which you use such OM Pay Wallet Services.
OM Pay will from time to time send you marketing and promotional messages via the OM Pay App. If you wish to stop receiving electronic commercials, please let us know.
4. FEES AND PAYMENT TERMS
You agree to pay all applicable fees whenever you use the OM Pay Wallet Services either directly with us, our affiliates, or via the Services. We will notify you of the applicable fees from time to time, but prior to you authorizing a payment transaction. If you request any International Remittances, you will also be responsible for any associated fees and charges in accordance with section 10 of this Agreement.
We reserve the right to change our fees at any time. Fees are assessed against the amount of the transactions, including all applicable charges (e.g., shipping, taxes, etc.). All e-money and all fees, charges, and payments collected or paid through the OM Pay Wallet Services are denominated in OMR. All changes to fees will be notified by OM Pay to you via SMS or the App, as OM Pay may determine at its sole discretion and in accordance with the terms of section OM Pay by giving at least thirty (30) days’ prior notice.
To the extent permitted by law, if there are any outstanding amounts payable to us, you hereby authorize us to automatically deduct from your Wallet Account the outstanding amount of any fees or other sums you may owe us under this Agreement. If you owe us an amount that exceeds the Balance on your Wallet Account, we may charge or debit the funding instrument or you will pay us the full amount of the outstanding upon receipt of an invoice from us for such amounts. You will be liable for and pay us upon invoice all costs associated with collection in addition to the amount collected.
In the event there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your Wallet Account to correct such error, provided that any such correction is made in accordance with Applicable Laws.
You are responsible for determining any and all Taxes and duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance or use of the OM Pay Wallet Service, your use of the App, the sale or purchase of any products or services, or otherwise in connection with any action, inaction, or omission by you. You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We and our Affiliates are not obliged to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.
This Agreement will become effective when you agree to its terms and will continue until it is terminated in accordance with the provisions set out herein.
You may terminate this Agreement at any time by contacting our Customer Support Team as per Section 2.2 above and closing your OM Pay Wallet Account. Upon closure of your Wallet Account, any pending transactions will be cancelled.
We reserve the right to refuse to provide or discontinue the OM Pay Wallet Services to any person or entity at any time and for any reason.
We may terminate the OM Pay Wallet Services and this Agreement for any reason at any time by providing prior written notice to you. Without limiting the foregoing, we may also suspend the OM Pay Wallet Services and block access to your Wallet Account in accordance.
If there are funds in your Wallet Account after termination of the Agreement, upon your request, we will redeem the full amount of the outstanding e-money. You may request redemption of your funds to be provided by transfer to your bank account (in which case you will need to provide us with your bank account details). We will process your redemption request within one (1) month of receipt of your request. We will do our best to provide redemption of the funds on your Wallet Account by the method you have chosen. However, we retain the discretion to determine the method to be used based on the amount of funds that you hold.
We will not be liable to you for compensation, reimbursement, or damages of any kind, direct or indirect, including damages on account of the loss of prospective profits, anticipated sales, goodwill, or on account of expenditures, investments, or commitments in connection with your use of the OM Pay Wallet Services, or in connection with any termination or suspension of the OM Pay Wallet Services. Upon termination of this Agreement for any reason:
(a) you will remain liable for all fees, charges and other payment obligations that have been incurred before the date of termination with respect to the OM Pay Wallet Service,
(b) your access to the App will be terminated, and
(c) you will no longer be able to make any purchases.
Any payment obligations under this Agreement that have been incurred before the date of termination and any other terms that by their nature are intended to survive the termination of this Agreement shall survive and remain in effect upon the termination of this Agreement.
We may suspend the OM Pay Wallet Services and block access to your Wallet Account, including any funds in your Wallet Account, under certain circumstances, including but not limited to:
- Your violation of the terms of this Agreement.
- Our determination that you pose an unacceptable credit or fraud risk to us.
- Your provision of false, incomplete, inaccurate, or misleading information, including any registration information, or engagement in fraudulent or illegal conduct.
- Our security concerns regarding your Wallet Account, including your credentials.
- Our suspicion of unauthorized or fraudulent use of your Wallet Account or any payment information in your Wallet Account.
In such cases, we will inform you of the suspension of your Wallet Account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Wallet Account or replace your credentials once we have resolved the reasons for suspension. If you wish to request reactivation of your Wallet Account, you must notify our Customer Support Team as specified in section 2.2 above.
6. DATA PROTECTION
We will protect your personal data and maintain its confidentiality, including if it is held by an agent or third party on our behalf. We have in place and maintain adequate policies, procedures, and controls to ensure the security of your personal data. We will not disclose your personal data unless:
(a) we are required to do so by applicable laws and regulations, by OM Pay Wallet or other competent authority in the Sultanate Of Oman, or
(b) the disclosure is made with your prior written consent.
We have adequate policies, procedures, and controls in place, as well as employee awareness training, to protect your personal data and to identify, prevent and resolve any information security breaches.
Both parties represent and warrant that they have full power and authority to enter into this Agreement.
By using the OM Pay Wallet Services, you warrant that:
- You are eligible to register and use the OM Pay Wallet Services and have the right, power, and ability to enter into and perform under this Agreement;
- The name you provided during registration is your name;
- Any sales transaction you submit will represent a bona fide sale by you as described in the App or in the Services;
- You will only use the OM Pay Wallet Services to transact on your own account and not on behalf of any other person or entity;
- You and all transactions initiated by you will comply with all applicable laws, rules, and regulations, including any applicable tax laws and regulations;
- You will not use the OM Pay Wallet Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the OM Pay Wallet Service;
- You are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
We and our Affiliates (and their licensors) do not provide any express warranties or representations with respect to the provision of the OM Pay Wallet Services. In particular, we, and our Affiliates (and their licensors) do not represent or warrant to you that your use of the OM Pay Wallet Services will meet your requirements, or that the operation of the Services will be uninterrupted, virus-free, secure or error-free or that any information obtained by you as a result of your use of the Services will be accurate or reliable.
Unless expressly set out in this Agreement, no conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description) apply to the OM Pay Wallet Services or the Services.
7. OM Pay Wallet Liability:
Nothing in the Agreement will exclude or limit either party’s liability for fraud, fraudulent misrepresentation, or any other liability that may not be lawfully excluded or limited by Applicable Law.
Subject to section 1-8 above, we, and our Affiliates (and its licensors), will not be liable to you for any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings), cost of substitute services, loss of goodwill or reputation, or special, indirect, or consequential losses, suffered or incurred by you arising out of or in connection with this Agreement, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement.
Subject to section 1-8 above, our total liability arising out of or in connection with this Agreement will be limited to no more than an amount equal to Fees paid and/or payable by you for the preceding twelve (12) month period of the year in which the cause of action giving rise to the liability arose, or such prorated amount if the OM Pay Wallet Services have been provided for a period less than twelve (12) months.
Subject to section 1-8 above, OM Pay and our Affiliates (and their licensors), will not be liable to you for any loss or damage that may be incurred by you as a result of: (a) any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the App or the Services, (b) any change which we may make to the OM Pay Wallet Services, the App, or the Services, or any permanent or temporary cessation or suspension in the provision of the OM Pay Wallet Services (or any features within the OM Pay Wallet Services) or the Services, (c) malfunction of the OM Pay Wallet Services, the App, or the Services, (d) the deletion of, corruption of, or failure to store any communications data maintained or transmitted by or through your use of the OM Pay Wallet Services, the App, or the Services, (e) your failure to provide us with accurate account information, (f) any fraudulent use of the OM Pay Wallet Services by you, (g) any delay or failure to comply with our obligations under this Agreement if the delay or failure arises from any cause that is beyond our reasonable control, or (h) our termination or suspension of the OM Pay Wallet Services in accordance with section 6-6.
You will indemnify, defend and hold harmless OM Pay, our Affiliates and/or any financial service provider with whom OM Pay has an agreement in relation to or in connection with the OM Pay Wallet Services (the "Indemnified Persons") from and against any and all third-party claims brought against any Indemnified Persons and all liability, loss and expenses (including damage awards, settlement amounts, and reasonable legal fees) incurred or suffered by the Indemnified Persons, arising out of or in connection with:
Any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our Policies;
Any actual or alleged infringement, misappropriation or violation of any third-party rights (including intellectual property rights) or Applicable Law;
Any transaction submitted by you through the OM Pay Wallet Service;
your negligence, strict liability or intentional misconduct; and/or
your use of the OM Pay Wallet Services or Services otherwise than as permitted by this Agreement.
8. GENERAL PROVISIONS:
This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior contracts or arrangements between the parties concerning its subject matter. Unless expressly stated otherwise in this Agreement, any modification or amendment of this Agreement will only be binding if set forth in writing and signed by both parties.
Communications with us:
When you visit the App or send e-mails to us, you are communicating with us electronically. We will communicate with you through the App and the e-mail address we have on file for you. By registering for the OM Pay Wallet Services and accepting the terms of this Agreement, you consent to receive notices electronically from us. We may provide all communications and information related to the OM Pay Wallet Services and your Wallet Account, including without limitation agreements related to the OM Pay Wallet Service, amendments or changes to such agreements or any Policies, disclosures, notices, transaction information, statements, responses to claims, and other customer communications that we may be required to provide to you by law (collectively, "Communications") in electronic format. Communications may be posted to the App or sent by e-mail, and all such Communications will be deemed to be in "writing" and received by and properly given to you. You are responsible for printing, storing, and maintaining your own records of Communications, including copies of this Agreement. This condition does not affect your statutory rights, including the right to request a copy of this Agreement.
OM Pay is continually innovating to provide the best possible experience for its users. You acknowledge and agree that OM Pay may provide new services from time to time by providing you with notice in accordance with this section of the Agreement. Should you wish to use such new service(s), their respective terms and conditions apply. Additionally, we may:
Modify the terms of this Agreement, the Specifications, any Policy, or the features of the OM Pay Wallet Services at any time. Except for any material amendments or changes to the Services, we will provide you with at least thirty (30) days' notice before making any changes, unless: (a) the change needs to be implemented sooner to comply with the laws and/or regulations of the Sultanate of Oman; or (b) the changes should be implemented immediately for the best interest of you and us. In such circumstances, we will notify you as soon as possible. We will notify you of changes through the App. If you do not agree to any change to this Agreement, the Specifications, any Policy or feature of the OM Pay Wallet Service, you may terminate this Agreement and close your Wallet Account without charge. You will be deemed to accept the changes to Policies, the Specifications, this Agreement, or the features of the OM Pay Wallet Services (as applicable) if you do not terminate this Agreement by the date which is thirty (30) days from the date that we notified you of the change.
Make amendments or changes to the Services at any time. We will inform you of any material amendments or changes that we make to the Services by posting details of the amendment or change in the App. We will provide you with at least seven (7) days' notice before the date the amendment or change takes effect unless (a) the amendment or change needs to be implemented sooner to comply with the laws and/or regulations of the Sultanate of Oman; or (b) the amendment or change should be implemented immediately for the best interest of you and us. In such circumstances, we will notify you as soon as possible. We will notify you of changes through the App.
Assignment: You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without our prior written consent. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.
Waiver: To be effective, any waiver by a party of any of its rights or the other party's obligations under this Agreement must be made in writing and signed by the waiving party. No failure or forbearance by either party to insist upon or enforce performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise constitutes a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
Governing law and jurisdiction: This Agreement shall be governed by and construed in accordance with the laws and regulations of the Sultanate of Oman. Any dispute arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall be submitted to the Committee for the Banking Disputes operating under CBO.
Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on us unless set forth in writing and signed by us.
By selecting the "Agree" tab at the starting screen, you confirm that you have read this Agreement, you agree to all terms, conditions, and notices contained or referenced in this Agreement and you provide your express consent to the same.